Does a candidate who does not raise any money have to file a campaign finance report? A candidate who neither raises nor spends $500 does not have to file a campaign finance report. This means that a candidate who funds his or her own race without accepting contributions, but spends $500 or more will have to file a report. Note that any candidate who carries forward money from an earlier campaign must file the July 15^th candidate report required in odd number years.

Does an independent candidate have to file pre-primary campaign finance reports? Independent candidates should begin filing disclosure reports according to the reporting schedule, as soon as he or she becomes a candidate and has raised or spent $500 or more. Nominees of political parties by caucus or write-in should follow this same procedure.

May the candidate or the candidate’s spouse be a treasurer for his/her campaign? Yes. Vermont’s campaign finance law permits any person designated by the candidate to act as the treasurer.

What is the treasurer responsible for? The treasurer is responsible for maintaining the checking account and signing campaign finance reports.

Do Candidates for Federal office have to file campaign finance reports? Candidates for U.S. President and Vice President, U.S. Senator, U.S. Representative and political committees making contributions exclusively to federal candidates need not file campaign finance reports under the Vermont Campaign Finance Law since they are governed by federal law. For more information on this process, contact the Federal Election Commission, 999 E Street, Washington, D.C. 20463 (toll free (800) 424-9530).

When determining the due dates of campaign reports, do we count weekends and holidays? No. If a filing would be due on a weekend or holiday, the due date becomes the next working day.

Who is considered immediate family for the purpose of the exemption from the contribution limits? Under 17 V.S.A. § 2805(f), the limitations on contributions do not apply to the candidate or to the candidate's immediate family. "Immediate family" is defined as individuals related to the candidate in the first, second or third degree of consanguinity. There is no Vermont law that defines these degrees of consanguinity. However, a widely accepted law treatise provides that first degree is parents and children; second degree is grandparents and grandchildren, and brothers and sisters; and third degree is uncles, aunts, nephews, nieces and great-grandparents. 23 Am Jur 2d Descent and Distribution § 55. One’s in-laws would not fall under this definition of consanguinity. Therefore, a contribution by a candidate’s out-of-state in-laws would count as a contribution from a non-Vermont resident.

How do we know when a person or a business is a resident, or whether a political party or PAC is organized in the state of Vermont for the purpose of qualifying for in-state treatment? Candidates may not accept more than 25 percent of total contributions from contributors who are not residents of the state of Vermont or from political committees or parties not organized in the state of Vermont. With respect to a natural person, a "resident" is someone "who is domiciled in this state as evidenced by an intent to maintain a principal dwelling place in the state indefinitely and to return there if temporarily absent, coupled with an act or acts consistent with that intent." 17 V.S.A. § 2103(30). With respect to a business, the general rule is that a business entity is a resident of the state in which it was created. You can check with the Secretary of State’s Corporation Division to see if a corporation or certain other business entities were formed under Vermont law. A political committee or political party is formed in Vermont when it has filed its treasurer’s designation form with our office.

• When the source of a contribution cannot be determined, the safer course is to report the money as being out-of-state money which counts towards the 25 percent limitation since a candidate, party, or political committee must certify the information in the campaign finance report.

When must a candidate measure the in-state/out-of-state ratio of contributions? The in- and out-of-state contribution percentage limitations apply to what a candidate, political party or political committee accepts in the form of contributions during the two-year general election cycle.

Under 17 V.S.A. § 2805(c), a candidate may not accept, in any two year general election cycle, more than 25 percent of total contributions from contributors who are not residents of the state of Vermont or from political committees or parties not organized in the state of Vermont. Vermont law requires the candidate, political party or political committee to certify as to the accuracy of its campaign finance reports. This means that it is the candidate’s responsibility to know where the money is coming from so that he or she can truthfully complete the campaign finance report. The safest course is for money to be reported as out-of-state money, unless the recipient knows that the money collected is from Vermont residents.

Is an expenditure made on behalf of a candidate without that candidate’s knowledge a contribution to or an expense of the candidate’s campaign? A person can spend as much money as he or she wants in support of a candidate if it is not a related campaign expenditure or a campaign contribution. So long as the expenditure is not a related expenditure as defined below, it will not count toward the candidate’s spending or contribution limits. A "related campaign expenditure made on the candidate’s behalf" is "any expenditure intended to promote the election of a specific candidate or group of candidates, or the defeat of an opposing candidate or group of candidates, if intentionally facilitated by, solicited by or approved by the candidate or the candidate's political committee." 17 V.S.A. § 2809(c). Note that if two or more individuals constitute a formal or informal committee and spend $500 or more to promote the success or defeat of a candidate it must file as a political committee and report its contributions and expenditures.

Would a candidate’s contribution to a PAC or political party that is used to fund a related expenditure for the candidate be counted twice as an expense to the candidate? The answer to this question depends upon whether the candidate gives the money to the party from his or her campaign account or from his or her personal account, and it also depends on whether the party or PAC is acting as an agent of the candidate.

A contribution to the party made from a candidate’s campaign account must be reported as an expenditure of the campaign. If the candidate personally contributes money to the political party it is a personal expense, and does not count as an expense to the campaign. Note that no matter the source of funds, a related expenditure by the party that is not exempt must be reported as an expense to the candidate. However, if five candidates give money from their campaign accounts to the party, and the party takes that money under an obligation to spend it on an advertisement for the candidates, then because the party is acting as an agent for the candidates, the campaign expenditure would only count once (and not as a related expenditure).

When does an expense have to be reported – when it is accrued or when it is paid? "Expenditure" is defined as a payment, disbursement, distribution, advance, deposit, loan or gift of money or anything of value, paid or promised to be paid. Under this definition, an expenditure occurs on both a cash basis and an accrual basis, whichever occurs first. This is because expenses must be counted when promised to be paid, and expenses must also be counted when disbursed, even before the items or services purchased have been delivered.

May a candidate accept contributions by credit card? We would regard a credit card contribution as a proper substitute for a contribution by check. The fee for use of the credit card, however, should be reported as an expenditure.

Does use of cable access programming have to be reported as an in-kind contribution? No. Candidates utilizing public access programming opportunities at Vermont's cable companies are not receiving services that can be regarded as in-kind contributions. Since public access is available to any Vermonter, its services need not be regarded as a political contribution.

Are the funds necessary to support a political party or PAC’s administrative costs exempt from the campaign finance requirements? No. The law does not treat a party or political committee’s administrative expenditures any differently than any other expenses. Note that, by definition, the purpose of all political committees and political parties is to influence an election, and contributions and expenses covered by the campaign finance law include all whose purpose is to influencing an election. Note that while there is no distinction made in the law between a campaign expenditure and an administrative expenditure, the law does not restrict how much a party may spend on administration functions such as salaries, rent and utilities.

May a candidate raise more than the spending limits? Yes. The law only limits how much a candidate can spend and how much a candidate may accept from each contributor. There is no prohibition on raising more money than would be needed for a particular race.

May a candidate deduct the cost of a fundraiser when it determines the amount of a particular contribution? Yes. Allocating specific contributions can be a confusing business. Dinners, for instance, sometimes provide for a contribution of $25.00 to a candidate or party, in exchange for a meal and a debate or speech. The question then arises whether $25.00 should be allocated between the actual cost of the meal, with the overage considered a contribution, or whether the entire $25.00 should be listed by the sponsoring organization as a contribution. The former practice is acceptable based on the definition of contribution. Certainly, if the caterer makes a contribution of the meal, however, the amount paid by the individual diner must be considered a contribution in its entirety. Note also that the cost of the fundraiser is considered an expense to the campaign unless it is paid for separately by the attendees.

Can parties or candidates use an auction to fundraise? Auctions are frequently used for fundraising. Be sure that the person you use as an auctioneer is licensed with the Secretary of State's Office. There is no charitable exception in this case. Disclosure of the funds raised depends on the arrangement. Perhaps people have donated goods for the auction. If so, these are reportable contributions and are subject to the applicable contribution limits. If the goods are purchased, the money received would amount to a contribution in an amount over and above the fair market value of the goods. Note that the cost of the goods sold in this case would count as an expense to the campaign.

Note that the person who purchases an item at an auction is buying the item from the campaign. That income would be reflected on the filing as income from the sale of the item. A person who pays more than the in-kind value for the item has made a donation to the campaign in the amount that exceeds the assigned value (i.e. picture valued at $200 – you pay $250 – you made a $50 contribution to the campaign.)

How should a candidate count mileage? It is acceptable practice to either charge mileage on a per-mile traveled basis as an expenditure in a candidate's campaign finance report, or to simply charge for gasoline. Car rental rates should also be charged as an expenditure of a campaign.

Who has access to campaign finance reports? All filings are public records, and are open to the examination of any person, once they are filed. Copies of campaign finance disclosure reports must be filed with the secretary of state, as well as in applicable town representative district, senatorial district and county clerks' offices.

Does a candidate accept a contribution when he or she takes check or cash in hand? What constitutes acceptance has caused problems in the past. The penalties section of the law provides possible fines and terms of imprisonment for "accepting" more than a prescribed amount. To the extent that it matters, acceptance should be distinguished from receipt. A check for $10,000.00 from a single source that arrives in the mail is received, but not accepted if you take positive steps to return or repudiate the check as a contribution. Before acceptance, any contribution may be returned without fear of accusation of actual or constructive violation of the campaign finance law.

How is an infraction of the campaign finance law enforced? Complaints about whether a candidate, contributor, PAC or party has complied with the requirements of Vermont law go to the Attorney General’s office. The office investigates the complaint, and a decision is made whether to file a court action to enforce the law. Note that it is not clear what happens if an infraction occurs out-of-state. Ultimately, it is up to the Office of the Attorney General to decide whether to pursue an enforcement action.

How can a candidate correct an error on a prior report? Occasionally a candidate or political committee discovers in horror that one of the disclosures filed earlier was in error, or worse, that contributions intended for a campaign finance account had been deposited in a personal account which is not the designated campaign finance account. Mistakes will happen, and all the law expects from filers is full disclosure of the error in writing, corrective reports and a promise not to do it again.

What must a candidate do when he or she mistakenly accepts a contribution that is over the limit? A candidate who mistakenly accepts a campaign contribution (in kind or monetary) that exceeds the statutory limits must reimburse the donor. Until reimbursement is possible the excess contribution must be reported as a debt of the campaign.

Is distributing note pads or other items with a candidate's name printed on them acceptable? Is this bribery, in violation of Section 55 of the Vermont Constitution? No, as long as it is done as part of a general campaign strategy and is available to everyone who asks for one. More expensive items will inevitably be seen more as attempts to buy a vote than to keep the candidate's name in front of the voters.

31 (Monday) In towns using the Australian ballot system, nominating petitions for town offices must be filed with the clerk of the municipality no later than 5:00 p.m. on this date (six Mondays before the election). They must be signed by 30 voters or one percent of the legal voters, whichever is less. 17 V.S.A. § 2681(a) and (b).

1 (Tuesday) The officer receiving petitions for candidates running for municipal office must return any defective petitions to the candidate by this date (within 24 hours of receipt). 17 V.S.A. § 2681(e).

2 (Wednesday) A person consenting to be nominated for municipal office in the Australian ballot system of voting may withdraw by notifying the municipal clerk in writing no later than 5:00 p.m. on the Wednesday after the filing deadline. 17 V.S.A. § 2681(d).

By 5:00 p.m. on this day, candidates for municipal office must have filed a consent of candidate form with the municipal clerk. 17 V.S.A. § 2681(a).

26 (Saturday) This is the last day to apply for addition to the checklist in order to vote in the presidential primary and at town meeting. Town clerks' offices must be open from 10:00 a.m. to 12:00 noon to accept applications. 17 V.S.A. §2144(a) and (b).

This is also the last day for town clerks to receive a request for an application for addition to the checklist accompanying an absentee ballot request. 17 V.S.A. § 2532(b) and (c).

28 (Monday) A local candidate who has made expenditures or accepted contributions of $500 or more shall file a campaign finance report ten days prior to the election. 17 V.S.A. §§ 2822, 2103(13). If a filing deadline falls on a Saturday, Sunday or legal holiday, then the deadline shall be extended to the next business day.

7 (Tuesday) PRESIDENTIAL PRIMARY DAY & TOWN MEETING

A meeting of the legal voters of each town shall be held annually on the first Tuesday in March unless the town charter says otherwise. 17 V.S.A. §§ 2640(a) and 2631.

17 (Friday) A local candidate who has made expenditures or accepted contributions of $500 or more shall file a campaign finance report by this date. 17 V.S.A. §2822.

17 (Monday) County office candidates campaign finance reports are due by 5:00 p.m. in the offices of the officer with whom a candidate’s nomination petition was filed until all contributions and expenditures have been accounted for and any indebtedness and surplus have been eliminated. 17 V.S.A. §2821(a)(3). Copies of these reports must be forwarded by the officer to the secretary of state within five days of receipt. 17 V.S.A. § 2821(c).

Primary petitions and consent forms shall be filed not later than 5:00 p.m. on the third Monday of July preceding the primary election. 17 V.S.A. § 2356.

3 (Thursday) Candidates for state office, political parties, and political committees, as well as candidates for the general assembly who have made expenditures or received contributions of $500.00 or more must file campaign finance reports with the secretary of state 40 days before the primary. 17 V.S.A.§ 2811(a)(1).

Candidates for the general assembly required to file shall also file such reports with the clerk of the candidates respective senate or house district. 17 V.S.A. § 2811(e).

25 (Friday) Candidates for state office, political parties, and political committees, as well as candidates for the general assembly who have made expenditures or received contributions of $500.00 or more must file campaign finance reports with the secretary of state by 5:00 p.m.

17 V.S.A.§ 2811(a)(1).

2 (Saturday) This is the last day to apply for addition to the checklist in order to vote in the primary. Clerks' offices will be kept open from 10:00 a.m. to 12:00 noon to receive applications. 17 V.S.A. §§ 2144(a) and (b).

This is also the last day for town clerks to receive a request for an application for addition to the checklist accompanying an absentee ballot request. 17 V.S.A. §§ 2532(b) and (c).

4 (Monday) Candidates for county office deadline for filing ten-day pre-primary campaign finance reports with the officer with whom his or her nomination papers are filed. If a filing deadline falls on a Saturday, Sunday or legal holiday, then the deadline shall be extended to the next business day. 17 V.S.A. §§ 2811, 2821, 2831 and 2103(13). Copies of these reports must be forwarded by the officer to the secretary of state within five days of receipt. 17 V.S.A. § 2821(c).

8 (Friday) This is the first day for independent and minor political party candidates, nominees of major parties that have failed to nominate candidates in the primary, and candidates for the office of justice of the peace to file statements of nomination with the appropriate filing officer (60 days before the general election). 17 V.S.A. § 2386.

15 (Friday) Canvassing committees in single town districts prepare and sign certificates of nomination and mail or deliver in person to each candidate nominated a notice of his or her nomination by this date. 17 V.S.A. § 2371(a).

18 (Monday) Canvassing committees in multi-town representative districts and for countywide offices and public questions and for state senator prepare and sign certificates of nomination and mail or deliver in person to each candidate nominated a notice of his or her nomination by this date. 17 V.S.A. § 2371(a).

19 (Tuesday) Canvassing committees for statewide and congressional offices meet at 10:00 a.m. to tally returns. 17 V.S.A. § 2368.

20 (Wednesday) Within five days of the date of mailing or personal delivery of a statement of nomination to a candidate for state representative from a single town district, that candidate may request that an error in the candidate's name, residence or party affiliation be corrected or that the candidate's preference as to the candidate's own name be used on the ballot, as well as choosing which party affiliation will be listed if the candidate was nominated by more than one party. 17 V.S.A. §§ 2371(b), 2474.

21 (Thursday) This is the last day for independent and minor political party candidates, nominees of major parties that have failed to nominate candidates in the primary, and candidates for the office of justice of the peace to file statements of nomination with the appropriate filing officer (47 days before the general election). 17 V.S.A. § 2386.

This is also the last day for validly nominated candidates to withdraw their names from the ballot by filing a written notice with the town clerk in the case of a justice of the peace, or with the secretary of state in the case of all other offices. 17 V.S.A. § 2412. This is the last day for candidates nominated by party caucus to fill vacancies caused by the withdrawal or removal of a candidate to file statements with the secretary of state. 17 V.S.A. § 2386.

25 (Monday) Candidates for state office, political parties, and political committees, as well as candidates for the general assembly who have made expenditures or received contributions of $500.00 or more must file campaign finance reports with the secretary of state by 5:00 p.m. 17 V.S.A.§ 2811(a).

2 (Monday) This is the last day for persons nominated by any means for the same office by more than one political party to elect the party or parties for which they will be candidates (at least 36 days before the date of the election). 17 V.S.A. § 2474(a).

25 (Wednesday) Candidates for state office, political parties, and political committees, as well as candidates for the general assembly who have made expenditures or received contributions of $500.00 or more must file campaign finance reports with the secretary of state by 5:00 p.m.

17 V.S.A.§ 2811(a)(1).

28 (Saturday) This is the last day to apply for addition to the checklist in order to vote in the general election. Clerks' offices will be kept open from 10:00 a.m. until 12:00 noon to receive applications. 17 V.S.A. §2144(a).

This is also the last day for town clerks to receive a request for an application for addition to the checklist accompanying an absentee ballot request. 17 V.S.A. § 2532(b) and (c).

30 (Monday) This is the deadline for filing ten-day pre-general campaign finance reports by candidates for county office. If a filing deadline falls on a Saturday, Sunday or legal holiday, then the deadline shall be extended to the next business day. 17 V.S.A. §§ 2821(a)(2) and 2103(13). Copies of these reports must be forwarded by the officer to the secretary of state within five days of receipt. 17 V.S.A. § 2821(c).

Clerks must post a copy of all absentee voters at their office and in each polling place as soon as it opens and until all votes are counted, listing each absentee voter's name and address. 17 V.S.A. § 2534.

14 (Tuesday) At 10:00 a.m. all canvassing committees meet to tally returns and issue certificates of election to the candidates elected. 17 V.S.A. § 2592(g), (h).

18 (Monday) This is the deadline for filing forty-day post election campaign finance reports with the Secretary of State by candidates for the general assembly who have expended or received $500.00 or more, and candidates for state office, political committees and parties. Also deadline for filing forty-day post election campaign finance reports by county office candidates who have made expenditures or received contributions of $500.00 or more. County candidates shall file with the officer with whom his or her nomination papers were filed. Copies of these reports must be forwarded by the county clerks to the secretary of state within five days of receipt. 17 V.S.A. § 2821(c). If a filing deadline falls on a Saturday, Sunday or legal holiday, then the deadline shall be extended to the next business day. 17 V.S.A. §§ 2811, 2821, 2831 and 2103(13).

As used in this chapter,

(1) "Candidate" means an individual who has taken affirmative action to become a candidate for state, county, local or legislative office in a primary, special, general or local election. An affirmative action shall include one or more of the following:

(A) accepting contributions or making expenditures totaling $500.00 or more; or

(B) filing the requisite petition for nomination under this title or being nominated by primary or caucus; or

(C) announcing that he seeks an elected position as a state, county or local officer or a position as representative or senator in the general assembly.

(2) "Contribution" means a payment, distribution, advance, deposit, loan or gift of money or anything of value, paid or promised to be paid to a person for the purpose of influencing an election, advocating a position on a public question, or supporting or opposing one or more candidates in any election, but shall not include services provided without compensation by individuals volunteering their time on behalf of a candidate, political committee or political party. For purposes of this chapter, "contribution" shall not include a personal loan from a lending institution.

(3) "Expenditure" means a payment, disbursement, distribution, advance, deposit, loan or gift of money or anything of value, paid or promised to be paid, for the purpose of influencing an election, advocating a position on a public question, or supporting or opposing one or more candidates.

(4) "Political committee" or "political action committee" means any formal or informal committee of two or more individuals, not including a political party, which receives contributions or makes expenditures of more than $500.00 in any one calendar year for the purpose of supporting or opposing one or more candidates, influencing an election or advocating a position on a public question, in any election or affecting the outcome of an election.

(5) "Political party" means a political party organized under chapter 45 of this title or any committee established, financed, maintained or controlled by the party, including any subsidiary, branch or local unit thereof and including national or regional affiliates of the party.

(6) "Single source" means an individual, partnership, corporation, association, labor organization or any other organization or group of persons which is not a political committee or political party.

(7) "Election" means the procedure whereby the voters of this state or any of its political subdivisions select a person to be a candidate for public office or fill a public office, or to act on public questions including voting on constitutional amendments. Each primary, general, special, run-off or local election shall constitute a separate election.

(8) "Public question" means an issue that is before the voters for a binding decision.

(9) "Two-year general election cycle" means the 24-month period that begins the day after a general election.

(10) "Full name" means an individual's full first name, middle name or initial, if any, and full legal last name, making the identity of the person who made the contribution apparent by unambiguous reference.

Candidates who have made expenditures or received contributions of $500.00 or more and political committees shall be subject to the following requirements:

(1) All expenditures shall be paid by check from a single checking account in a single bank publicly designated by the candidate or political committee.

(2) Each candidate and each political committee shall name a treasurer, who may be the candidate or spouse, who is responsible for maintaining the checking account.

(a) The secretary of state shall prescribe and provide a uniform reporting form for all campaign finance reports. The reporting form shall be designed to show the following information:

(1) the full name, town of residence and mailing address of each contributor who contributes an amount in excess of $100.00, the date of the contribution, and the amount contributed;

(2) the total amount of all contributions of $100.00 or less and the total number of all such contributions;

(3) each expenditure listed by amount, date, to whom paid and for what purpose;

(4) the amount contributed or loaned by the candidate to his or her own campaign during the reporting period; and

(5) each debt or other obligation, listed by amount, date incurred, to whom owed and for what purpose, incurred during the reporting period.

(b) The form shall require the reporting of all contributions and expenditures accepted or spent during the reporting period and during the campaign to date and shall require full disclosure of the manner in which any indebtedness is discharged or forgiven. Contributions and expenditures for the reporting period and for the campaign to date also shall be totaled in an appropriate place on the form. The form shall contain a list of the required filing times so that the person filing may designate for which time period the filing is made. Contributions and expenditures received or spent during the 48 hour period prior to the filing deadline shall be reported on the next report.

(c) The form described in this section shall contain language of certification of the truth of the statements and places for the signature of the candidate and his treasurer.

(d) All reports filed under this section shall be retained in an indexed file by the official with whom the report is filed and shall be subject to the examination of any person.

(e) Disclosure shall be limited to the information required by this section.

(a) No member of a political committee which has surplus funds after all campaign debts have been paid shall convert the surplus to personal use.

(b) No candidate who has surplus funds after all campaign debts have been paid shall convert the surplus to personal use, other than to reduce personal campaign debts.

(c) The "final report" of a candidate shall indicate the amount of the surplus and how it has been or is to be liquidated.

(a) A candidate for state representative or local office shall not accept contributions totaling more than $200.00 from a single source, political committee or political party in any two-year general election cycle. A candidate for state senator or county office shall not accept contributions totaling more than $300.00 from a single source, political committee or political party in any two-year general election cycle. A candidate for the office of governor, lieutenant governor, secretary of state, state treasurer, auditor of accounts, or attorney general shall not accept contributions totaling more than $400.00 from a single source, political committee or political party in any two-year general election cycle. A political committee, other than a political committee of a candidate, or a political party shall not accept contributions totaling more than $2,000.00 from a single source, political committee or political party in any two-year general election cycle.

(b) A single source, political committee or political party shall not contribute more to a candidate, political committee or political party than the candidate, political committee or political party is permitted to accept under subsection (a) of this section.

(c) A candidate, political party or political committee shall not accept, in any two-year general election cycle, more than 25 percent of total contributions from contributors who are not residents of the state of Vermont or from political committees or parties not organized in the state of Vermont.

(d) A candidate shall not accept a contribution in excess of $50.00 unless made by check.

(e) A candidate, political party or political committee shall not accept a contribution which is not directly from the contributor, but was transferred to the contributor by another person for the purpose of transferring the same to the candidate, or otherwise circumventing the provisions of this chapter.

(f) This section shall not be interpreted to limit the amount a candidate or his or her immediate family may contribute to his or her own campaign. For purposes of this subsection, "immediate family" means individuals related to the candidate in the first, second or third degree of consanguinity.

(g) The limitations on contributions established by this section shall not apply to contributions made for the purpose of advocating a position on a public question, including a constitutional amendment.

(h) For purposes of this section, the term "candidate" includes the candidate's political committee.

(a) The following campaign expenditure limitations shall apply to all candidates, for all primary, general and local elections, whether or not a candidate accepts Vermont campaign finance grants under subchapter 6 of this chapter, is financing his or her campaign from private contributions, or from the candidate's own resources or that of his or her immediate family.

(1) A candidate for governor shall limit campaign expenditures to no more than $300,000.00 in any two-year general election cycle.

(2) A candidate for lieutenant governor shall limit campaign expenditures to no more than $100,000.00 in any two-year general election cycle.

(3) A candidate for secretary of state, state treasurer, auditor of accounts or attorney general shall limit campaign expenditures to no more than $45,000.00 in any two-year general election cycle.

(4) A candidate for state senator or county office shall limit campaign expenditures to no more than $4,000.00 plus, in the case of state senator, an additional $2,500.00 for each additional seat in the senate district, in any two-year general election cycle.

(5) A candidate for state representative in a single-member district shall limit campaign expenditures to no more than $2,000.00, and in a two-member district to no more than $3,000.00, in any two-year general election cycle.

(b) Recognizing the jurisdiction of the Congress of the United States to enact expenditure limitations and campaign finance reforms for candidates for federal office, the general assembly of the state of Vermont expects candidates for the United States House of Representatives and Senate to observe the contribution and expenditure limitations that apply to candidates for the office of governor.

(c) If a candidate for the office of governor, lieutenant governor, secretary of state, state treasurer, auditor of accounts or attorney general is an incumbent of the office being sought, the candidate shall be permitted to expend only 85 percent of the amount allowed for that office under this section. If a candidate for the general assembly is an incumbent of the office being sought, the candidate shall be permitted to expend only 90 percent of the amount allowed for that office under this section.

(d) For purposes of this section, the term "candidate" includes the candidate's political committee.

(a) A person who knowingly and intentionally violates a provision of subchapters 2 through 4 of this chapter shall be fined not more than $1,000.00 or imprisoned not more than six months or both.

(b) A person who violates any provision of this chapter shall be subject to a civil penalty of up to $10,000.00 for each violation and shall refund the unspent balance of Vermont campaign finance grants received, if any, calculated as of the date of the violation.

(c) In addition to the other penalties herein provided, a state's attorney or the attorney general may institute any appropriate action, injunction, or other proceeding to prevent, restrain, correct or abate any violation of this chapter.

Candidates who choose to open a new campaign account for public office may close out their former campaign by filing a final report with the secretary of state converting all debts and assets to the new campaign. This final report shall disclose all contributions and expenditures and the disposition of all debts and assets attributable to the former campaign as of the date of the filing of the final report.

Not later than five days after receipt of campaign finance reports under this chapter, the secretary of state shall prepare a list of the accumulated amount of expenditures reported by each candidate.

(a) A related campaign expenditure made on a candidate's behalf shall be considered a contribution to the candidate on whose behalf it was made.

(b) A related campaign expenditure made on a candidate's behalf shall be considered an expenditure by the candidate on whose behalf it was made. However, if the expenditure did not exceed $50.00, the expenditure shall not be considered an expenditure by the candidate on whose behalf it was made.

(c) For the purposes of this section, a "related campaign expenditure made on the candidate's behalf" means any expenditure intended to promote the election of a specific candidate or group of candidates, or the defeat of an opposing candidate or group of candidates, if intentionally facilitated by, solicited by or approved by the candidate or the candidate's political committee.

(d) An expenditure made by a political party or by a political committee that recruits or endorses candidates, that primarily benefits six or fewer candidates who are associated with the political party or political committee making the expenditure, is presumed to be a related expenditure made on behalf of those candidates. An expenditure made by a political party or by a political committee that recruits or endorses candidates, that substantially benefits more than six candidates and facilitates party or political committee functions, voter turnout, platform promotion or organizational capacity shall not be presumed to be a related expenditure made on a candidate's behalf. In addition, an expenditure shall not be considered a "related campaign expenditure made on the candidate's behalf" if all of the following apply:

(1) The expenditures were made in connection with a campaign event whose purpose was to provide a group of voters with the opportunity to meet the candidate personally.

(2) The expenditures were made only for refreshments and related supplies that were consumed at that event.

(3) The amount of the expenditures for the event was less than $100.00.

(e) A candidate may seek a determination that an expenditure is a related expenditure made on behalf of an opposing candidate by filing a petition with the superior court of the county in which either candidate resides. Within 24 hours of the filing of a petition, the court shall schedule the petition for hearing. Except as to cases the court considers of greater importance, proceedings before the superior court, as authorized by this section, and appeals therefrom, take precedence on the docket over all cases and shall be assigned for hearing and trial or for argument at the earliest practicable date and expedited in every way. The findings and determination of the court shall be prima facie evidence in any proceedings brought for violation of this chapter.

(f) The secretary of state may adopt rules necessary to administer the provisions of this section.

(a) For each two-year general election cycle, the secretary of state shall develop and continuously update a publicly accessible campaign database. The database shall contain at least the following information for all candidates for statewide and county office and for the general assembly: for candidates receiving public financing grants, the amount of each grant awarded; the information contained in campaign finance reports filed under this chapter; and all reports of mass media activity expenditures filed under section 2883 of this title. The database shall also include campaign finance reports filed by candidates for federal office. The information in the database, together with any biographical sketches and position statements submitted to the secretary of state by such candidates, shall be made available to the public through the Vermont state home page on-line service, or through printed reports from the secretary in response to a public request within 14 days of the date of the request.

(b) Any candidate for statewide office and any candidate for federal office qualified to be on the ballot in this state may submit to the secretary of state a photograph, biographical sketch and position statement of a length and format specified by the secretary for the purposes of preparing a candidate information publication. Without making changes in the material presented, the secretary shall prepare a candidate information publication for statewide distribution prior to the general election, which includes the candidates' photographs, biographies and position statements, a brief explanation of the process used to obtain candidate submissions, and, with respect to offices for which public financing is available, an indication of which candidates are receiving Vermont campaign finance grants and which candidates are not receiving Vermont campaign finance grants. The secretary shall prepare, publish and distribute the candidate information publication throughout the state no later than one week prior to the general election. The secretary shall also seek voluntary distribution of the candidate information publication in weekly and daily newspapers and other publications in the state. The candidate information publication shall also be available in large type, audiotape and Internet versions.

The secretary of state shall administer this chapter and shall perform all duties required under this chapter. The secretary may employ or contract for the services of persons necessary for performance of these duties.

(a) Each candidate for state office, each candidate for the general assembly who has made expenditures or received contributions of $500.00 or more, and each political committee and each political party required to register under section 2831 of this title shall file with the secretary of state campaign finance reports 40 days before the primary election and on the 25th of each month thereafter and continuing to the general election.

(b) At any time, but not later than 40 days following the general election, a candidate for state office and each candidate for the general assembly who has made expenditures or received contributions of $500.00 or more shall file with the secretary of state a "final report" which lists a complete accounting of all contributions and expenditures, and disposition of surplus, and which shall constitute the termination of his or her campaign activities.

(c) A political committee or political party shall file a campaign finance report not later than 40 days following the general election. At any time, a political committee or a political party may file a "final report" which lists a complete accounting of all contributions and expenditures and which shall constitute the termination of its campaign activities.

(d) In odd-numbered years campaign finance reports shall be filed on July 15.

(e) Each candidate for the general assembly required to file campaign finance reports under this section shall also file such reports with the clerk of the candidate's respective senate or house district.

(a) Each candidate for county office who has made expenditures or accepted contributions of $500.00 or more shall file campaign finance reports with the officer with whom his or her nomination papers are filed as follows:

(1) 10 days before the primary election;

(2) 10 days before the general election;

(3) further campaign reports shall be filed on the 15th day of July and annually thereafter or until all contributions and expenditures have been accounted for and any indebtedness and surplus have been eliminated.

(b) Within 40 days after the general election, each candidate for county office who has made expenditures or accepted contributions of $500.00 or more shall file a "final report" which lists a complete accounting of all contributions and expenditures, and disposition of surplus, and which shall constitute the termination of his or her campaign activities.

(c) Copies of reports filed under this section shall be forwarded by the officer to the secretary of state within five days of receipt.

Each candidate for local office who has made expenditures or accepted contributions of $500.00 or more shall file with the officer with whom his nomination papers are filed campaign finance reports ten days before and ten days after the local election.

The failure of a legislative, county or local candidate to file a campaign finance report shall be deemed an affirmative statement that the candidate has not accepted contributions or made expenditures of $500.00 or more.

(a) Each political committee and each political party which has accepted contributions or made expenditures of $500.00 or more shall register with the secretary of state stating its full name and address, the name of its treasurer, and the name of the bank in which it maintains its campaign checking account within ten days of reaching the $500.00 threshold.

(b) A political committee or political party which has accepted contributions or made expenditures of $500.00, or more, for the purpose of influencing a local election or supporting or opposing one or more candidates in a local election shall, in addition to other filings required by this chapter, file campaign finance reports ten days before and ten days after the local election with the clerk of the municipality in which the election is held and with the secretary of state.

A political committee or political party may satisfy the filing requirements of this subchapter and subchapter 2 of this chapter by filing with the secretary of state a copy of that portion of the campaign finance reports applicable to candidates seeking election in this state which the committee or party has filed with the Federal Election Commission and by designating an in-state agent in the report.

As used in this subchapter:

(1) "Affidavit" means the Vermont campaign finance affidavit required under section 2852 of this title.

(2) "General election period" means the period beginning the day after the primary election and ending the day of the general election.

(3) "Primary election period" means the period beginning the day after primary petitions must be filed under section 2356 of this title and ending the day of the primary election.

(4) "Vermont campaign finance qualification period" means the period beginning February 15 of each even-numbered year and ending on the date on which primary petitions must be filed under section 2356 of this title.

(5) "Secretary" means the secretary of state.

(a) A candidate for the office of governor or lieutenant governor who intends to seek Vermont campaign finance grants from the Vermont campaign fund shall file a Vermont campaign finance affidavit on the date on or before which primary petitions must be filed, whether the candidate seeks to enter a party primary or is an independent candidate.

(b) The secretary of state shall prepare a Vermont campaign finance affidavit form, informational materials on procedures and financial requirements and notification of the penalties for violation of this subchapter. The Vermont campaign finance affidavit shall set forth the conditions of receiving grants under this subchapter and provide space for the candidate to agree that he or she will abide by such conditions and all expenditure and contribution limitations, reporting requirements, and other provisions of this chapter. The affidavit shall also state the candidate's name, legal residence, business or occupation, address of business or occupation, party affiliation, if any, the office sought and whether the candidate intends to enter a party primary. The affidavit shall also contain a list of all the candidate's qualifying contributions together with the name and town of residence of the contributor and the date each contribution was made. The affidavit may further require affirmation of such other information as deemed necessary by the secretary for the administration of this subchapter. The affidavit shall be sworn and subscribed to by the candidate.

(a) A person shall not be eligible for Vermont campaign finance grants if, during a two-year general election cycle, he or she becomes a candidate by accepting contributions totaling $500.00 or more or by making expenditures totaling $500.00 or more prior to February 15 of the general election year.

(b) A candidate who accepts Vermont campaign finance grants, shall:

(1) Not solicit, accept or expend any contributions except qualifying contributions, Vermont campaign finance grants and contributions authorized under section 2855 of this title, which contributions may be solicited, accepted or expended only in accordance with the provisions of this subchapter.

(2) Deposit all qualifying contributions, Vermont campaign finance grants and any contributions accepted in accordance with the provisions of section 2855 of this title in a federally insured non-interest bearing checking account.

(3) Not later than 40 days after the general election, deposit in the Vermont campaign fund, after all permissible expenditures have been paid, the balance of any amounts remaining in the account established under subdivision (2) of this subsection.

(a) In order to qualify for Vermont campaign finance grants, a candidate for the office of governor or lieutenant governor must obtain during the Vermont campaign finance qualification period the following amount and number of qualifying contributions for the office being sought:

(1) For governor, a total amount of no less than $35,000.00 collected from no fewer than 1,500 qualified individual contributors making a contribution of no more than $50.00 each.

(2) For lieutenant governor, a total amount of no less than $17,500.00 collected from no fewer than 750 qualified individual contributors making a contribution of no more than $50.00 each.

(b) No candidate may accept more than one qualifying contribution from the same contributor and no contributor may make more than one qualifying contribution to the same candidate in any Vermont campaign finance qualification period. For the purpose of this section, a qualified individual contributor means an individual who is registered to vote in Vermont. No more than 25 percent of the total number of qualified individual contributors may be residents of the same county.

(c) Each qualifying contribution must indicate the name and town of residence of the contributor, the date received, and be acknowledged by the signature of the contributor.

(d) A candidate may retain and expend qualifying contributions obtained under this section. A candidate may expend the qualifying contributions for the purpose of obtaining additional qualifying contributions and may expend the remaining qualifying contributions during the primary and general election periods. Amounts expended under this subsection shall be considered expenditures for purposes of this chapter.

(a) To the extent funds are available, the secretary of state shall make grants from the Vermont campaign fund in separate grants for the primary and general election periods to candidates who have qualified for Vermont campaign finance grants under this subchapter.

(b) Whether a candidate has entered a primary or is an independent candidate, Vermont campaign finance grants shall be in the following amounts:

(1) For governor, $75,000.00 in a primary election period and $225,000.00 in a general election period, provided that the grant for a primary election period shall be reduced by an amount equal to the candidate's qualifying contributions.

(2) For lieutenant governor, $25,000.00 in a primary election period and $75,000.00 in a general election period, provided that the grant for a primary election period shall be reduced by an amount equal to the candidate's qualifying contributions.

(3) A candidate who is an incumbent of the office being sought shall be entitled to receive a grant in an amount equal to 85 percent of the amount listed in subdivision (1) or (2) of this subsection.

(c) In an uncontested general election and in the case of a candidate who enters a primary election and is unsuccessful in that election, an otherwise eligible candidate shall not be eligible for a general election period grant. However, such candidate may solicit and accept contributions and make expenditures as follows: contributions shall be subject to the limitations of section 2805 of this title and expenditures shall be limited to an amount equal to the amount of the grant set forth in subsection (b) of this section for the general election for that office.

(d) Grants awarded in a primary election period, but not expended by the candidate in the primary election period, may be expended by the candidate in the general election period.

(e) If the Vermont campaign fund contains insufficient revenues to provide Vermont campaign finance grants to all candidates under this section, the available funds shall be distributed proportionately among all qualifying candidates. If grants are reduced under this subsection, a candidate may solicit and accept additional contributions equal to the amount of the difference between the amount of the Vermont campaign finance grants authorized and the amount received under this section. Additional contributions authorized under this subsection shall be governed by the provisions of sections 2805 and 2853 of this title.

(f) Vermont campaign finance grants for a primary election period shall be paid to qualifying candidates within the first ten business days of the primary election period. Vermont campaign finance grants for a general election period shall be paid to qualifying candidates during the first ten business days of the general election period.

(a) A Vermont campaign fund is created for distribution of Vermont campaign finance grants to candidates for the offices of governor and lieutenant governor. The fund shall be administered by the state treasurer, and payments shall be made under warrants issued by the secretary of state.

(b) The fund shall consist of revenues from the following sources:

(1) Any amounts required to be deposited in the fund under section 2853 of this title.

(2) All penalties and fines levied for violations of this chapter.

(3) Forty percent of the amounts paid as annual report fees by domestic corporations under subdivision 1.22(a)(17) of Title 11A and 33 percent of the amounts paid as annual report fees by foreign corporations under subdivision 1.22(a)(16) of Title 11A.

(4) All amounts collected from the tax on lobbying expenditures imposed under 2 V.S.A. § 264a.

(5) All amounts collected under section 5862c of Title 32, the Vermont campaign fund add-on.

(6) Any gifts received by the fund.

(7) Any amounts appropriated to the Vermont campaign fund by act of the general assembly.

(c) All principal and interest remaining in the fund at the close of any fiscal year shall not revert but shall remain in the fund for use in succeeding fiscal years.

As used in this subchapter, "political advertisement" means any communication, including communications published in any newspaper or periodical or broadcast on radio, television or over any public address system, placed on any billboards, outdoor facilities, buttons or printed material attached to motor vehicles, window displays, posters, cards, pamphlets, leaflets, flyers or other circulars, or in any direct mailing, which expressly or implicitly advocates the success or defeat of a candidate.

All political advertisements shall contain the name and address of the person who paid for the advertisement. The advertisement shall clearly designate the name of the candidate, party or political committee by or on whose behalf the same is published or broadcast. In the case of printed or written matter, the name and address shall be printed or written large enough to be clearly legible, except that this shall not apply to buttons or any written or printed matter attached to or displayed on any motor vehicle.

(a) For purposes of this section, "mass media activities" includes television commercials, radio commercials, mass mailings, literature drops and central telephone banks which include the name or likeness of a candidate for office.

(b) In addition to any other reports required to be filed under this chapter, a person who makes expenditures totaling $500.00 or more for mass media activities within 30 days of a primary or general election shall report such expenditures to the secretary of state, and to the candidate whose name or likeness is included in the activity, within 24 hours of making the expenditure. The report shall identify the person who made the expenditure with the name of the candidate involved in the activity and any other information relating to the expenditure that is required to be disclosed under the provisions of subsections (a) and (b) of section 2803 of this title.

The Office of the Secretary of State does not discriminate against individuals with disabilities in the provision of services, programs or activities. Under the Americans with Disabilities Act of 1990 (ADA) any qualified individual with a disability is eligible to participate in or benefit from any service, program or activity provided by the office.

If you need an accommodation in order to participate, please inform:

Kathy DeWolfe

Director of Elections and Campaign Finance

26 Terrace Street, Drawer 09

Montpelier, Vermont 05609-1101

800-439-8683 or 802-828-2363