STATE CAMPAIGN FINANCE LAWS
From PLI’s Course Handbook
Corporate Political Activities 2007: Complying with Campaign Finance, Lobbying & Ethics Laws
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14
state campaign finance laws
Chip Nielsen
Jason D. Kaune
Darrin Lim
Nielsen, Merksamer, Parrinello, Mueller & Naylor, LLP
Copyright © 2007. All rights reserved.
STATE CAMPAIGN FINANCE LAWS
CHIP NIELSEN
JASON D. KAUNE
DARRIN LIM
Nielsen, Merksamer, Parrinello, Mueller & Naylor, LLP
Copyright © 2007
All Rights Reserved
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VIGO G. (CHIP) NIELSEN, JR. is the senior political/election law partner of Nielsen Merksamer. His firm specializes in state government advocacy, trial and appellate litigation, regulatory agency and tax policy, civil and constitutional voting rights and redistricting, and employment law. For 30 years, he has been Co-Chair of PLI’s “Corporate Political Activities” seminar. He is widely published in political law and is, or has been, a member of the Board of Directors of the A.B.A. Committee on Election Law, University of California’s Institute of Governmental Studies, American Association of Political Consultants, Citizens Research Foundation, California Journal, Bay Area Council and North Bay Council. He has been actively involved in California state politics and government as a campaign manager and a political lawyer to politicians and government leaders as well as serving as Chief Administrative Officer for the California Assembly, Assistant Deputy State Controller and Chief of Staff to the Lieutenant Governor. He is an honors graduate of Yale and received his J.D. from the University of the Pacific, McGeorge School of Law.
JASON D. KAUNE is a partner in the firm specializing in political law and ethics, lobbying, election and campaign finance laws in the 50 states, and on the local and federal levels. He advises corporations, advocacy groups, individuals and governments, with a focus on establishing and maintaining multi-jurisdictional compliance systems. He has contributed to the PLI Corporate Political Activities course book since 2000 and is author of an annual 50 state compendium of campaign finance law developments for the Council of Governmental Ethics Laws. He has authored articles and studies on lobbying regulation in Russia, public contracting, preemption of local campaign finance laws and the White House Counsel's office. He has served as a speechwriter in Washington D.C., a policy advisor for a state governor, and in the non-profit sector. He earned advanced degrees from Harvard University, John F. Kennedy School of Government and University of California, Hastings College of the Law and graduated with honors from Yale College.
DARRIN LIM is an associate with the firm’s political law section, where he specializes in national compliance issues relating to campaign, lobbying and ethics laws. Mr. Lim is co-author of an annual 50 state compendium of campaign finance law developments for the Council of Governmental Ethics Laws. Mr. Lim previously served as the Communications Director for a state legislator in both the California State Assembly and Senate. Before that he was the main anchor and reporter for a station in Southern California. Mr. Lim received his BA in Broadcast Journalism and Political Science from the University of Southern California and graduated with honors from the University of the Pacific, McGeorge School of Law.
TABLE OF CONTENTS
I. INTRODUCTION 6
A. STATE VERSUS FEDERAL LAW 6
B. STATE VERSUS LOCAL LAW 6
C. FIVE AREAS OF CONCERN 7
II. FIVE AREAS OF CONCERN 8
A. CONTRIBUTION LIMITS AND PROHIBITIONS 8
B. TIME, PLACE AND PERSON RESTRICTIONS 10
C. GOVERNMENT CONTRACTOR RESTRICTIONS (“PAY-TO-PLAY”) ……………………………………………10
D. CONTRIBUTOR REPORTING REQUIREMENTS 14
E. TRANSMITTAL LETTERS 15
III. FEDERAL PACS 16
A. REGISTRATION 17
B. REPORTING ON FEDERAL DEADLINES 17
C. REPORTING ON STATE DEADLINES 18
D. FORMING A SEPARATE STATE PAC 18
E. REPORTING NOT NECESSARY 19
IV. JUDICIAL ELECTIONS 19
V. OTHER RESOURCES 21
APPENDIX A: STATE-BY-STATE OVERVIEW 22
APPENDIX B: SAMPLE TRANSMITTAL LETTERS 41
I. INTRODUCTION
A. STATE VERSUS FEDERAL LAW
Other chapters in this book concerning campaign finance law cover federal law. Except as discussed below, federal campaign finance laws generally do not apply to candidates running for state or local office. State and local laws cover these elections.
The only federal law provisions that apply beyond federal elections are discussed in the chapter in this book on "Overview of Federal Campaign Finance: Contributions and Expenditure Limitations." These federal provisions (1) prohibit contributions to state and local candidate campaigns from corporations organized by a law of Congress (federal savings and loan, etc.) or is a national bank, (2 U.S.C. 441b) and (2) prohibit foreign nationals from making contributions in any state or local campaign. (2 U.S.C. 441e; Title 11 of the Code of Federal Regulations, sections 110.4(c), 110.20.)
Importantly, when federal PACs contribute to state and local candidates, they must adhere to state and local contribution limits and reporting requirements. These requirements are discussed in Section III of this chapter.
B. STATE VERSUS LOCAL LAW
State laws usually apply to campaigns for state office (such as governors and legislators) as well as to campaigns for local offices. However, state laws often allow local jurisdictions to impose their own, more restrictive laws than those under state law. Some states leave local campaign finance regulation entirely to local officials.
Many local jurisdictions have therefore adopted their own, unique campaign finance laws -- not only political subdivisions of the state (counties, municipalities, school districts, etc.), but also special districts such as transit and port authorities. When contributing to a candidate for such local government elected boards and commissions, you should research whether any local laws apply to officials in the jurisdiction, similar to the state laws discussed in this chapter.
State and local jurisdictions have experimented with complex systems, such as public financing for “clean elections” and “instant disclosure” through the Internet. These experiments have had mixed results.
C. FIVE AREAS OF CONCERN
Given the diversity and ever-changing nature of state and local campaign finance law, this chapter can only briefly summarize state and local campaign laws. These five areas of concern, discussed in Section II, warrant close examination by corporations active on that level:
• Contribution Limits and Prohibitions
• Time, Place and Person Restrictions
• Government Contractor Restrictions (“Pay-to-Play”)
• Contribution Reporting Requirements
• Transmittal Letters
II. FIVE AREAS OF CONCERN
A. CONTRIBUTION LIMITS AND PROHIBITIONS
Many states limit the amount a contributor may give a candidate, PAC or political party. Some prohibit contributions from all corporations, some limit contributions from individuals or federal PACs, and some prohibit certain kinds of corporations from making contributions (utilities, gaming enterprises, contractors and bidders for contracts within the jurisdiction, etc.). Additionally, some jurisdictions cap the total amount a contributor may give to all recipients for a single election cycle.
The following 30 jurisdictions (28 states, the District of Columbia and the Virgin Islands) generally allow corporate contributions:
|Alabama** |Indiana** |New Jersey** |
|Arkansas |Kansas |New Mexico*; ** |
|California |Louisiana |New York |
|Delaware |Maine |Oregon* |
|Dist. of |Maryland |South Carolina** |
|Columbia |Mississippi ** |Utah* |
|Florida |Missouri |Vermont |
|Georgia ** |Nebraska*; ** |Virgin Islands |
|Hawaii ** |Nevada |Virginia* |
|Idaho |New Hampshire |Washington ** |
|Illinois* | | |
* Indicates that corporate contributions to candidates are generally permitted in unlimited amounts. (See Appendix A.)
** Indicates that certain “regulated entities” or non-resident companies may be restricted in making contributions. (See Appendix A.)
The following 22 states generally prohibit corporate contributions but allow contributions from corporate federal PACs* or separate state PACs set up to specifically comply with the state law:
|Alaska |North Dakota |
|Arizona |Ohio |
|Colorado |Oklahoma |
|Connecticut |Pennsylvania |
|Iowa |Rhode Island |
|Kentucky |South Dakota |
|Massachusetts |Tennessee |
|Michigan |Texas |
|Minnesota |West Virginia |
|Montana |Wisconsin |
|North Carolina |Wyoming |
* See Section III for state and local registration and reporting requirements for federal PACs that contribute to state and local candidates.
State laws usually contain a number of specific prohibitions and limitations similar to federal law relating to anonymous and cash contributions and contributions in the name of another. State laws also usually include a number of exemptions in their definition of "contribution" along the same lines as the federal laws as described in the chapter in this book on "Contribution and Expenditure Limitations." Some jurisdictions provide special allowances for contributions to party committees.
To minimize your worry about most of these specific contribution requirements, a contribution should be made by a check of the actual contributor and sent with a transmittal letter as discussed below.
The chart in Appendix A summarizes the laws relating to campaign contributions in all fifty states plus the District of Columbia and the Virgin Islands.
B. TIME, PLACE AND PERSON RESTRICTIONS
Time. Many states have enacted laws prohibiting contributions in non-election years or when their legislature is in session (some prohibitions begin some days before the session and continue for some days after the session) to avoid appearances of impropriety. Although courts have struck down some of these timing limitations, legislatures often reimpose the limits on themselves. See Appendix A.
Place. Other states also ban contributions in public buildings or even in capitol cities, unless certain conditions are met. See Appendix A.
Person. Many states have concerns that certain individuals (such as lobbyists) have too much "influence" at state capitols and place contribution restrictions on persons like lobbyists and on certain donors like utilities, gaming corporations or those with contracts with the agency or seeing contracts. See Appendix A.
C. GOVERNMENT CONTRACTOR RESTRICTIONS (“Pay-to-Play”)
In recent years, an increasing number of jurisdictions have enacted so-called “pay-to-play” laws concerning the political activity of government contractors. Such laws respond to a belief that some government contractors make campaign contributions to elected officials to improve their chances of being awarded contracts or renewals with the jurisdiction. Procurement scandals in various states have prodded rigorous and various prohibitions, restrictions and disclosures.
At least 11 states have enacted laws concerning campaign contributions from prospective or current government contractors to public officials with ultimate authority to make decisions impacting the donor. These laws fall into two general categories, discussed further below: (1) Restrictions and (2) Disclosure.
|Restrictions |Disclosure |
|(Disqualification and/or Prohibitions) |(Reports, Notifications and/or Contract |
| |Certifications) |
|California * + $ |California * + |
|Connecticut * |Connecticut * |
|Hawaii + |Kentucky |
|New Jersey * + $ |Maryland * |
|Ohio * + $ |New Jersey * + |
|South Carolina |Ohio* + |
|West Virginia |Pennsylvania * |
| |Rhode Island * |
* Extends to affiliates of the company.
+ State and local government contracts covered.
$ De minimis amounts may be permissible. Others are prohibitions.
When considering compliance with these campaign finance provisions, it is important to also consider lobby and procurement laws, as these areas often overlap. For example, New York has extensive restrictions on government contractors, including “black out periods,” which limit communications with the state during the RFP process. Information on jurisdictions that consider attempts to influence a government contract as “lobbying,” such as New York, is covered in the chapter on State Lobby and Gift Laws.
Restrictions: Disqualification and/or Prohibitions. Many “pay-to-play” laws are disqualification-type provisions aimed at current or prospective government contractors making campaign contributions to officials responsible for the award of public contracts.
Since the 1980s, California law has triggered disqualification by contributions of over $250 during a 12-month rolling period to state or local public officials participating in decisions concerning licenses, permits or other entitlements while sitting on appointed boards or commissions. Additional prohibitions and disclosures apply. Other agencies and jurisdictions (particularly in California) have adopted similar approaches. However, these disqualification-type provisions did not become a widespread national trend, as some expected.
In the 1990s the Municipal Securities Rulemaking Board (“MSRB”), an industry self-regulatory body whose regulations are reviewed by the Securities and Exchange Commission, adopted Rule G-37. That rule disqualifies brokers, dealers and municipal securities dealers (collectively referred to as "dealers"), municipal finance professionals ("MFP"), and political action committees controlled by the dealer or any MFP from being awarded contracts by a public official’s agency if he or she has received $250 from those sources in the last four years. The MSRB rules are discussed in another chapter of this book.
This decade has brought a new wave of pay-to-play laws, particularly in Connecticut (amended effective February 2007), New Jersey, and Ohio (expanded effective April 2007). These laws can reach personal campaign contributions made by affiliates of a government contractor (including major stockholders board members, senior executives, and/or even their family members) in addition to the company itself. Some include de minimis or variable limits before triggering disqualification. Some reach contributions by affiliated PACs, but some do not. Importantly, there exists no “common denominator” among these laws. For example, each uniquely defines covered affiliates, contracts, contribution recipients and periods.
Disclosure: Reports, Certifications and/or Notifications. In addition to disqualification rules and prohibitions, some laws require government contractors to make detailed disclosures during the contracting process affirming compliance with the “pay-to-play” (as well as other) laws.
As an example, prior to the award of a state or local government contract in New Jersey, businesses must file detailed certifications that no impermissible contributions were made that would require disqualification. These disclosures also ask about permissible contributions made by the company and certain affiliates.
Other laws require that government contractors disclose their campaign contributions in pre-contract or periodic filings submitted with the jurisdiction. New Jersey instituted a new annual filing in 2007. Maryland has required such disclosure for many years.
Connecticut law was partially rolled-back in early 2007 – partially by litigation concerning the disclosure of contributions by dependent minors of a contractor’s executives and by corrective legislation -- but still requires government contractors to inform those affiliated with it (including Board members and certain senior executives) of the state’s contribution restrictions.
The general parameters for the states noted in the chart above can be found referenced in Appendix A, under the columns for “Limits and Prohibitions” and “Disclosure (Other than Lobby Laws).”
You should consult a specialist or the appropriate governmental agency for assistance when determining whether a contribution will result in disqualification or disclosure. Because failure to comply with these laws can lead to the loss of a government contract as well as monetary penalty, coordination with your procurement and sales divisions (as well as with your registered lobbyists and lobby firms) is vital to compliance.
D. CONTRIBUTOR REPORTING REQUIREMENTS
In most states, only recipients report campaign contributions by filing periodic reports with state or local agencies disclosing the donor and amount of all contributions made above a certain dollar amount. However, in the following jurisdictions, contributors or corporations sponsoring PACs must also file reports, usually if they contribute over a certain amount. As discussed above in Section II B, separate disclosure requirements may exist for government contractors.
|Jurisdictions with Contributor Reporting Requirements |
|Alaska |Nebraska |
|California |North Dakota |
|Connecticut |Ohio |
|Georgia |Utah |
|Hawaii |Virgin Islands |
|Iowa |Washington |
|Maryland |West Virginia |
|Massachusetts |Wisconsin |
|Minnesota | |
Some states require contributors to file late period reports within 24 or 48 hours of making contributions during a certain number of days before an election. Additionally, some states require a corporation (or its lobbyists) to disclose campaign contributions on lobby reports, as discussed in another chapter of this book.
Many states require additional or separate disclosure of independent expenditures (i.e., communications and other expenditures expressly advocating the election or defeat of a candidate or ballot measure).
E. TRANSMITTAL LETTERS
Because of the uncertainty and risk of contributing to state and local candidates, especially from a multi-national corporation or its PAC in jurisdictions where it may not normally be active, the use of a carefully worded transmittal letter is advisable.
A contributor cannot “shift” legal liability to the recipient, but this transmittal letter can alert a candidate's treasurer to certain facts concerning the donor to help determine whether the contribution should be returned. Such a letter is also an indication of the contributor’s good faith. A contributor should consider including the following information in a transmittal letter:
● The transmittal letter should identify the donor by name, address and by corporate business (i.e., what the entity does to create the revenue from which the contribution is made).
● The letter should clarify the “true source” of the contribution (e.g., if the company has acted as an “intermediary” for another unit or if it is “affiliated” with other contributing companies under state law).
● The letter can instruct the recipient to return the check if there are any statutes that impose filing requirements on the donor because of this contribution if the donor does not want this obligation.
● If the donor is a corporate PAC, the letter should identify whether it is a federal PAC, whether its administrative and overhead costs are provided by a corporate sponsor and/or whether it is a specially created PAC to comply with the laws of that state. (Note that some states do not permit corporations to pay administrative or overhead costs; in those states the PAC should reimburse the corporation for such costs. See Appendix A.)
The sample transmittal letters in Appendix B only address the most common of these requirements. If your corporation plans to become involved in elections in several states, it should adopt a legal compliance and tracking program to insure that campaign finance limits are not exceeded and that all necessary reports are filed.
Copies of the transmittal letters and photocopies of the contribution checks should be maintained for at least three years to quickly respond to any inquiries.
III. FEDERAL PACS
Corporations may wish, or need, to contribute to state and local candidates using their federal PACs. Most states that prohibit direct corporate contributions permit contributions via a federal PAC. By contrast, some states that permit corporate contributions heavily regulate federal PACs active in the state. In a few states, using a federal PAC may not be a viable option given the administrative burdens and requirements. The treasurer of a federal PAC should consult the laws of a state before making contributions there.
Following is an overview of corporate federal PAC registration and reporting on the state level. State imposed contribution limits applicable to federal PACs and a short summary of these requirements are found in Appendix A.
A. REGISTRATION
Federal PACs may be required to register (or provide regulators or recipients with special documentation) before or soon after making a contribution to a state or local candidate or committee.
Note that many states permit federal PAC contributions up to a certain amount before requiring registration (e.g., $499, $500, $1,000; or certain percentage of contributions made or received in state, such as in Texas). Some states require registration only if the PAC solicits for the specific support or opposition to a state candidate (e.g., Nebraska).
Many states simply require that the federal PAC file a copy of its FEC Form 1, Statement of Organization, or provide a copy to contributors. Other states require registration as a state PAC. A few states require that federal PACs reimburse corporations for any portion of overhead cost attributable to activity in the state (e.g., Tennessee). A state may require in-state treasurers or agents. In some states registering your federal PAC in a state may be impractical. (Section D below).
B. REPORTING ON FEDERAL DEADLINES
About a dozen states generally permit federal PACs to report contributions to state and local candidates by filing copies of their FEC Form 3X with state officials according to the FEC filing schedule.
Some of these states that allow federal PACs to file copies of their federal reports limit the filing to include copies of only the pages that disclose the state and local contributions (e.g., Kentucky), while others mandate special cover sheets or addenda. Other states may require a local agent for filing (e.g. Vermont). Increasingly, states excuse federal PACs from filing paper copies if they electronically file their federal reports (e.g. Alabama and South Dakota).
C. REPORTING ON STATE DEADLINES
About half of the states require federal PACs contributing to state and local candidates over the applicable registration threshold to file reports on state deadlines, which may well differ from federal deadlines.
Some of these states only require such reports if contributions are made over a certain monetary threshold or during a certain time period. Many states permit federal PACs to attach print-outs of their Form 3X schedules of receipts and disbursements to state forms, although even in some of those states the reporting thresholds for individual contributors may be lower than those under federal law. Some states also require filing with local officials if the federal PAC makes local contributions (e.g., Arizona). Others require fairly rapid disclosure (e.g., Iowa and North Carolina).
D. FORMING A SEPARATE STATE PAC
A few states either prohibit or restrict federal PAC involvement, making federal PAC activity impractical if made over the registration threshold. Bank account, treasurer or other in-state requirements may not suit your federal PAC. Your PAC may be required to cover overhead expenses related to state contributions (e.g., Tennessee for corporate sponsors and New Jersey for certain regulated entities). Other states requiring careful scrutiny include: Alaska, Connecticut, Massachusetts, Minnesota, Missouri, New York and New Hampshire.
When state law makes using a federal PAC impractical or impossible, one alternative is to create a state PAC for exclusive use in that state or for use in multiple states.
E. REPORTING NOT NECESSARY
Several states do not require any reporting or registration by federal PACs as long as they are current on their federal filings, including: Idaho, Maryland, and West Virginia.
Again, if the federal PAC does not reach the monetary threshold for registering in the state, it also need not file reports (although some states, like Texas, require special notifications or certifications to recipients and/or state agencies even when a federal PAC remains below the registration and/or reporting threshold).
IV. JUDICIAL ELECTIONS
State elected officials and voters choose judges in one of three ways – by appointment, by election, or by a combination of the two. Nearly half of the states use a “merit” selection system to fill vacant seats, by which qualified candidates are submitted to a state executive for appointment, then face an uncontested “retention” election. Approximately thirteen states hold some form of nonpartisan elections for judges. Additionally, approximately eight states hold partisan elections for judges. In total, 39 states use some form of judicial election.
Contested judicial elections have become more like other elections, with expensive campaign budgets and expenditures by third parties. Donors should therefore treat contributions to judges or groups purporting to support judicial candidates like contributions to any other state or local candidate or PAC – considering the applicable monetary limits, time and person restrictions, disclosure requirements, potential disqualification and careful use of transmittal letters.
V. OTHER RESOURCES
The Executive's Handbook on Political Contributions
State and Federal Communications, Inc.
80 South Summit Street, Suite 100
Akron, Ohio 44308
(330) 761-9960;
Federal Campaign Election Laws
(updated through 10/05)
and Federal and State Campaign Finance Laws
Federal Election Commission
999 E Street, N.W.
Washington, D.C. 20463
(800) 424-9530 or (800) 694-1120;
Council on Government Ethics Laws (“COGEL”)
(For Annual Update on Campaign Finance Law/Litigation and Contact Information for State and Many Local Regulators)
P.O. Box 393
Athens, GA 30606
(706) 548-7758,
The websites of state campaign and election commissions often include up-to-date information. Links to these agencies can be found in some of the publications above or at by clicking “Other Resources” and then “All State Ethics Agencies.”
APPENDIX A: STATE BY STATE CAMPAIGN FINANCE LAW OVERVIEW (2007)
| | | | |
|STATE |LIMITS AND PROHIBITIONS ON CONTRIBUTIONS FROM: |TIME/PLACE/PERSON RESTRICTIONS |DISCLOSURE (OTHER THAN LOBBY REPORTS): |
| |CORPORATION |FEDERAL PAC |INDIVIDUAL |MAY NOT BE MADE: |FEDERAL PAC |OTHERS |
|Alaska |Prohibited to state |Prohibited, see below. |Per calendar year: $500 to any |1) To a candidate more than 18 |State law makes it |Ballot measure |
| |candidates, political |(However, a "resident" state PAC|candidate or PAC; $5,000 to any |months before or 45 days after an |impractical or |committee |
| |parties and “groups” (i.e., |may contribute $1,000 per |political party for the purpose of|election; |impossible for |contributions of $500|
| |PACs). |calendar year to a candidate or |influencing the nomination or | |Federal PACs to |or more trigger |
| | |political party.) |election of a candidate. |2) To candidates for Governor and |contribute in |special filings. |
| |Permitted for ballot | | |Lt. Governor in the capital while in|Alaska. | |
| |measures. | |Total non-resident/contributions |session or during a special session;| | |
| | | |may not exceed $20,000 for Gov. | | | |
| | | |and Lt. Gov. candidates, $5,000 |3) By lobbyists, except to a | | |
| | | |for state Senate candidates, and |legislative candidate in a district | | |
| | | |$3,000 for state House candidates.|where they are eligible to vote; or | | |
| | | | | | | |
| | | | |4) To members of the state | | |
| | | | |legislature while the legislature is| | |
| | | | |in regular or special session. | | |
| | | | | | | |
| | | | |Exception: During 90 days | | |
| | | | |immediately preceding an election | | |
| | | | |outside the capital. | | |
|Arizona |Prohibited. |If the PAC qualifies as a Super |$312 to a legislative candidate, |By lobbyists and lobbyist employers |May be required to |No individual filing |
|(To be adjusted | |PAC, it may contribute $1,600 to|$808 to a statewide candidate and |to members of the Legislature or the|register and file |requirements. |
|for inflation in| |a legislative candidate, $4,008 |$390 to a local candidate. |Governor while the Legislature is in|periodic reports on | |
|2009.) | |to a statewide candidate and |Individuals may contribute a total|regular session; they may contribute|state deadlines. | |
| | |$2,000 to a local candidate. |of $3,740 per year. |during "special" sessions. | | |
| | |If the PAC does not qualify as a| | | | |
| | |Super PAC, it is subject to the | | | | |
| | |limitations imposed on | | | | |
| | |individuals. | | | | |
|Arkansas |$2,000 to any candidate per |Registered PACs and Small Donor |Same as corporate limit. |1) In state buildings; or |Must register with |Corporations and |
| |election. No limit to PACs |PACs limited to $2,000 per | | |the state and file |individuals are not |
| |and political parties. |candidate per election. No | |2) More than 2 years before the |quarterly activity |required to register |
| | |limit to PACs and political | |candidate's election; or |reports if over $500|or report, however |
| | |parties. | | |in contributions |special reports for |
| | | | |3) To a State House or Senate |made in a calendar |independent |
| | | | |Legislator 30 days before, during or|year. FEC filings |expenditures |
| | | | |30 days after a regular session or |will not satisfy |exceeding $500 |
| | | | |during special sessions. |state reporting | |
| | | | | |requirements. | |
| | | | | |Special reports for | |
| | | | | |independent | |
| | | | | |expenditures | |
| | | | | |exceeding $500. | |
|California |$3,600 to legislative |Corporations and PACs have the |Corporations and individuals have |1) By lobbyists using "personal |May be required to |Individuals/entities |
| |candidates; $24,100 to |same limitations, except that |the same limits, except that |funds” to officials they lobby; |register and file |trigger reports if |
|(To be adjusted |Governor; and $6,000 to |“small contributor committees” |lobbyists face special | |periodic reports on |contributions of |
|for inflation in|other statewide candidates |may make $7,200 to legislative |limitations. |2) Lobbyists also prohibited from |state deadlines. |$10,000 or more are |
|2009) |per election. $6,000 per |candidates and $12,100 to | |participating in decisions to make | |made in a calendar |
| |calendar year to PAC |statewide officials other than | |such contributions from PACs with | |year. |
| |all-purpose/state candidate |the governor and $24,100 to the | |his/her personal funds; and | |Individuals/entities |
| |accounts and $30,200 per |governor per election. | | | |with matters before |
| |calendar year to political | | |3) In the State Capitol or other | |boards or commissions|
| |party all-purpose/state | | |state buildings. | |may also trigger |
| |candidate accounts. | | | | |campaign disclosures.|
| | | | |4) To certain members of appointed | | |
| |Separate calendar year | | |boards or commissions making | | |
| |limits exist for | | |decisions involving a donor of over | | |
| |officeholder contributions. | | |$250. | | |
|Colorado |Prohibited to state |$525 to Governor, Secretary of |Federal PACs and Individuals have |By lobbyists or lobbyist employers |Federal PACs may |Individuals and |
| |candidates and political |State, Treasurer, Attorney |the same limitations. |to any members or candidates for the|file FEC reports in |corporations may be |
|(To be adjusted |parties. Also prohibited to|General per election cycle. | |legislature, Lt. Governor, Secretary|lieu of state |required to file |
|for inflation in|local candidates, unless |$200 to Senate, House and Board | |of State, State Treasurer or |reports, if state |reports if making |
|2011) |local jurisdiction is a |of Education candidates per | |Attorney General while the |reporting |independent |
| |"Home Rule" jurisdiction |election cycle. $525 to PACs | |legislature is in regular session or|requirements |expenditures. |
| |with its own campaign |per two-year cycle. | |the Governor during regular session |satisfied. |Individuals may also |
| |finance system. Permitted up| | |or when legislation passed during | |be required to file |
| |to $525 per two year house |Federal PACs must segregate | |the regular session is pending | |reports for the |
| |elect cycle to "political |funds in a separate bank account| |executive approval. | |making of |
| |committees." |to ensure compliance with state | | | |electioneering |
| | |limits. | | | |communications. |
|Connecticut |Prohibited. |Prohibited. |$2,500 to Governor, $1,500 to |By registered lobbyists, lobbyist |State law may make |Individuals and |
| | | |other statewide candidates, $1,000|employers and their PACs while the |use of federal PAC |corporations must |
| | | |to CEO of a town, city or borough,|legislature is in session (unless |impractical or |file disclosure |
| | | |$500 to state senate or probate |the legislature is in "special" |impossible. |statements if over |
| | | |judge, and $250 to state |session). | |$1,000 in |
| | | |representative candidates per | | |expenditures is made |
| | | |election; $5,000 to any political | | |to support or oppose |
| | | |party per calendar year. | | |ballot questions. |
| | | |Aggregate contributions may not | | |Individuals making |
| | | |exceed $15,000 per election. | | |independent |
| | | | | | |expenditures also |
| | | |Prohibited by state contractors | | |file statements. |
| | | |and the “principals” of the | | | |
| | | |contractor, including board | | |State contractors |
| | | |members, certain executives, | | |have special |
| | | |owners (of at least 5%), those | | |disclosure |
| | | |responsible for negotiating the | | |obligations. |
| | | |contract and their spouses and | | | |
| | | |children. Also by principals of | | | |
| | | |investment services firms. | | | |
|Delaware |$1,200 per election period |PACs are subject to the same |Same limits as corporations. |None. |Federal PACs not |No corporate or |
| |to Governor and other |limits as corporations; however | | |required to register|individual filing |
| |statewide offices. $600 per|the primary and general | | |or file reports with|requirements for the |
| |election period to state |elections are combined into the | | |the state if all |making of |
| |senator, representative and |same election period. | | |state activity |contributions. |
| |local offices. $20,000 per | | | |appears on FEC | |
| |election period to political| | | |reports. | |
| |parties. Primary and | | | | | |
| |general are separate | | | | | |
| |election periods. | | | | | |
|District of |$2,000 to mayor, Shadow |Corporations, Federal PACs and |Corporations, Federal PACs and |None. |May be required to |No corporate or |
|Colombia |Senator or Representative, |Individuals have the same |Individuals have the same | |register and file |individual filing |
| |$1,500 to the chairperson of|limitations |limitations | |periodic reports on |requirements for |
| |the city council, $1,000 to | | | |federal deadlines. |making of |
| |council at large candidates,| | | | |contributions. |
| |$500 to Ward and Board of | | | | | |
| |Education members, $200 to | | | | | |
| |school board candidates, and| | | | | |
| |$25 to Advisory Neighborhood| | | | | |
| |Commission per election. | | | | | |
| |$8,500 limit on aggregate | | | | | |
| |contributions per election | | | | | |
| |cycle. Contributions to | | | | | |
| |political committees are | | | | | |
| |limited to $5,000 from any | | | | | |
| |one source in any one | | | | | |
| |election. | | | | | |
|Florida |$500 to statewide or |$500 to statewide or legislative|$500 to statewide or legislative |1) While the legislature is in |Whenever |Corporations and |
| |legislative candidates per |candidates per election. |candidates per election. |session (applies only to |contributions exceed|individuals generally|
| |election. Commissioner of |Commissioner of Agriculture may |Contributions to PACs and |legislators); |$500 in a calendar |not required to |
| |Agriculture may accept no |accept no more than $100 from |political parties not limited. | |year, must register |register or file |
| |more than $100 from |agriculture interests. | |2) During period running from five |as an in-state PAC |activity reports. |
| |agriculture interests. |Contributions to PACs and | |days prior to election to election |and file quarterly |However, independent |
| |Contributions to PACs and |political parties not limited | |day (does not apply to candidates |reports. |expenditures may |
| |political parties not | | |running unopposed); or | |trigger a reporting |
| |limited. | | | | |obligation. |
| | | | |3) By hand delivery in government | | |
| | | | |buildings. However, contributions | | |
| | | | |may be mailed. | | |
|Georgia |$5,700 to statewide |Corporations, Federal PACs and |Corporations, Federal PACs and |While the legislature is in session |In-state reporting |Corporations and |
| |candidates, $2,300 to |Individuals have the same |Individuals have the same |(does not apply to judicial |required if $25,000 |individuals |
| |legislative candidates per |limitations. |limitations. |officers). |or more in Georgia |contributing $25,000 |
| |primary and general | | | |contributions made |or more in Georgia in|
| |elections. $3,400 to | | | |in a calendar year. |a calendar year must |
| |statewide, $1,100 to | | | | |file regular activity|
| |legislative candidates in | | | | |reports. |
| |special/run-off elections. | | | | | |
| |“Regulated” corporations are| | | | | |
| |prohibited from contributing| | | | | |
| |to officials regulating | | | | | |
| |them. Public utilities also| | | | | |
| |prohibited from making | | | | | |
| |contributions to Public | | | | | |
| |Service Comm. | | | | | |
|Hawaii |State restrictions limit |$6,000 per "election period" to |Individuals and federal PACs have |In state or county buildings unless |Federal PACs must |Corporations and |
| |corporate contributions to |candidates for 4-year statewide |the same limits. |rented for a fundraiser. |register as an |individuals expending|
| |$1,000 in the aggregate per |office; $4,000 per election | | |in-state committee |more than $1,000 must|
| |"election" with the primary |period to candidates for 4-year |Candidates may not accept more | |and file regular |register as a |
| |and general counting as |non-statewide offices; $2,000 |than 20% of out-of-state | |activity reports. |non-candidate |
| |separate elections. |per election period to |contributions for each reporting | | |committee. Regular |
| | |candidates for 2-year office and|period. | |Federal PACs may be |activity reports |
| |Candidates may not accept |$25,000 per “election period” to| | |required to set up a|required. |
| |more than 20% of |political parties. "Election |Contractor ban applies to | |sub-account to | |
| |out-of-state contributions |periods" include primary and |contributors with state and county| |satisfy Hawaii | |
| |for each reporting period. |general. |contracts but personal campaign | |requirements. | |
| | | |contributions still permitted. | | | |
| |Contractor ban applies to |$1,000 per "election" to PACs; | | | | |
| |contractors with state and |primary and general are separate| | | | |
| |county contracts. |elections. | | | | |
| | | | | | | |
| | |Candidates may not accept more | | | | |
| | |than 20% of out-of-state | | | | |
| | |contributions for each reporting| | | | |
| | |period. | | | | |
| | | | | | | |
| | |Contributions into PAC received | | | | |
| | |on or after 1/1/06 limited to | | | | |
| | |$1,000 per election. | | | | |
|Idaho |$5,000 to statewide, $1,000 |Corporations, Federal PACs and |Corporations, Federal PACs and |None. |Federal PACs not |Registration not |
| |to legislative, judicial, |Individuals have the same |Individuals have the same | |required to register|required of |
| |city and county candidates |limitations. |limitations. | |or file in-state |corporation or |
| |per election. No limits to | | | |reports. |individuals. |
| |PACs and political parties. | | | | |However, corporations|
| | | | | | |and individuals must |
| | | | | | |file special reports |
| | | | | | |for independent |
| | | | | | |expenditures. |
|Illinois |None. |None. |None. |1) At fundraising events held within|In-state |Corporations and |
| | | | |Sangamon County between February 1 |registration and |individuals generally|
| | | | |and the adjournment of the spring |reporting required |not required to |
| | | | |legislative session or during the |if in-state |register or file |
| | | | |fall veto session; or |contributions of |activity reports. |
| | | | | |$3,000 or more are | |
| | | | |2) By hand delivery to a candidate, |made in any 12-month| |
| | | | |public official, or employee on |period. | |
| | | | |State property except at fundraising| | |
| | | | |events for which state property has | | |
| | | | |been rented or leased. | | |
|Indiana |The following are limits on |None. |None. |To legislators and legislative |May be required to |No corporate or |
| |aggregate contributions per | | |caucus committees while the |register and file |individual filing |
| |calendar year: $5,000 to all| | |legislature is in "long" session |periodic reports on |requirements for |
| |statewide candidates, $5,000| | |(“long” sessions occur in odd |state deadlines. |making of |
| |to all state party | | |numbered years). | |contributions. |
| |committees, $2,000 to all | | | | | |
| |senate candidates and $2,000| | | | | |
| |to all assembly candidates, | | | | | |
| |$2,000 to all senate or | | | | | |
| |assembly caucus committees, | | | | | |
| |$2,000 to all local | | | | | |
| |officials, $2,000 to all | | | | | |
| |central committees. | | | | | |
| |Contributions by state | | | | | |
| |lottery contractors and | | | | | |
| |certain other gaming sources| | | | | |
| |are prohibited. | | | | | |
|Iowa |Prohibited. |None. |None. |By lobbyists or PACs while the |Federal PACs must |Corporations may be |
| | | | |legislature is in session (extending|either file a VSR |required to register |
| | | | |30 days after session if to governor|each time a donation|and report if more |
| | | | |candidate). |is made or register |than $750 is spent on|
| | | | | |as an in-state |ballot issues. |
| | | | | |committee. |Individuals may also |
| | | | | | |be required to report|
| | | | | | |independent |
| | | | | | |expenditures. |
|Kansas |$2,000 to statewide or |$2,000 to statewide or |$2,000 to statewide or |Lobbyists, lobbyist employers, and |May be required to |Generally, |
| |Governor/Lt. Governor slate,|Governor/Lt. Governor slate, |Governor/Lt. Governor slate, |corporations while the legislature |register and report |corporations and |
| |$1,000 to state senate, and |$1,000 to state senate, and $500|$1,000 to state senate, and $500 |is in session (does not apply to |based on state |individuals are not |
| |$500 to state representative|to state representative and |to state representative and other |individual contributors). |deadlines or elect |required to register |
| |and other state or local |other state and local candidates|state and local candidates per | |to file a “Verified |or file activity |
| |candidates per election; |per election; $5,000 per |election; $15,000 to a state | |Statement” with |reports. However, |
| |$15,000 to a state party |calendar year to state political|political party per calendar year,| |campaign |corporations and |
| |committee per calendar year,|parties or other party |$5,000 per calendar year for other| |contributions. |individuals making |
| |$5,000 to other party |committees. No limit to state |party committees. No limit to | | |independent |
| |committees per calendar |PACs. |state PACs. | | |expenditures may be |
| |year. No limit to state | | | | |required to file |
| |PACs | | | | |activity reports. |
|Kentucky |Prohibited. |$1,000 to any statewide or |$1,000 to any statewide or |By lobbyists, making, exercising |Federal PACs must |Individuals report |
| | |legislative candidate, $200 to |legislative candidate, $100 to any|control over, delivering or |file copy of FEC |independent |
| | |any school board candidate per |school board candidate per |directing employer’s federal PAC |registration with |expenditures |
| | |election. $2,500 to state |election. $2,500 to state |contributions to legislators or |the state. Copies |exceeding $500. |
| | |political parties and caucus |political parties and caucus |legislative caucus committees. |of FEC reports |Government |
| | |committees per year. $1,500 to |committees per year. $1,500 to | |containing Kentucky |contractors may be |
| | |state PACs per calendar year in |other state PACs per calendar year| |contributions must |required to submit |
| | |the aggregate. |in the aggregate. | |be filed in the |affidavit with bids |
| | | | | |state according to |or proposals |
| | | | | |federal deadlines. |certifying compliance|
| | | | | | |with state campaign |
| | | | | | |finance laws. |
|Louisiana |Per election: $5,000 to |PACs which have not qualified as|Per election: $5,000 to "major |1) By lobbyists and lobbyist |Federal PACs |Corporations and |
| |“major offices” (statewide |“Big PACs” have the same limits |office" candidates, and $2,500 to |employers while the legislature is |generally not |individuals are |
| |offices or any district with|as corporations. |district office candidates and |in session unless the fundraiser is |required to register|generally not |
| |a population of more than | |$1,000 to any other office |approved by the Legislative Lobbying|and file activity |required to register |
| |250,000); $2,500 to |“Big PAC” limits: $10,000 to |candidates. $100,000 aggregate |Commission 30 days before the event;|reports if their |or file activity |
| |“district offices” |"major office" candidates, |limit to PACs per four-year cycle.|or |in-state activity |reports for campaign |
| |(legislative candidates, |$5,000 to district offices and |No limit to state political | |does not aggregate |contributions. |
| |parishwide elections and |$2,000 to any "other office" per|parties. |2) By casino operators and others |to more than 50 |However, the making |
| |districts with a population |election. | |with substantial interests in |percent of the PAC's|of independent |
| |between 35,000 and 250,000) | | |gambling industry. |contributions and |expenditures of $500 |
| |and $1,000 to any "other | | | |expenditures or |or more may trigger |
| |office." $100,000 aggregate | | | |$20,000. |reports. |
| |limit to PACs per four-year | | | | | |
| |cycle. No limit to state | | | | | |
| |political parties. | | | | | |
|Maine |$500 to candidates for |Corporations, Federal PACs and |Corporations, Federal PACs and |By lobbyists and lobbyist employers |Registration not |Corporations and |
| |governor, and $250 to |individuals have the same |individuals have the same |while the legislature is in session.|required; however, |individuals generally|
| |candidates for all other |limitations. |limitations. | |FEC reports must be |not required to |
| |offices per election (except| | | |filed reflecting |register or file |
| |“clean election” | | | |Maine activity on |reports. However, |
| |candidates). Total | | | |federal deadlines. |independent |
| |candidate contributions | | | | |expenditures within |
| |limited to $25,000 per | | | | |21 days of an |
| |calendar year. | | | | |election will likely |
| | | | | | |trigger 24-hour |
| |No limit to PACs, | | | | |reporting. |
| |legislative leadership | | | | | |
| |committees or political | | | | | |
| |party committees unless | | | | | |
| |contributions are earmarked | | | | | |
| |for a specific candidate. | | | | | |
|Maryland |$4,000 to any candidate, and|Corporations, Federal PACs and |Corporations, Federal PACs and |1) While the legislature is in |Federal PACs not |Government |
| |$10,000 in the aggregate to |Individuals have the same |Individuals have the same |regular session to the Governor, Lt.|required to register|contractors and |
| |all candidates and |limitations. |limitations. |Governor, Attorney General, State |or file activity |entities employing |
| |committees per 4 year | | |Controller or legislators; or |reports if FEC |lobbyists may be |
| |election cycle (current | | | |filings are current.|subject to reports |
| |cycle will end on December | | |2) Lobbyists prohibited from | |disclosing campaign |
| |31, 2010). | | |delivering contributions made by the| |contributions. |
| | | | |lobbyist employer; | | |
| | | | | | | |
| | | | |3) By anyone on another's behalf. | | |
|Massachusetts |Prohibited (including the |Prohibited. (However, a state |$500 to any statewide or |1) In any government buildings; or |State law makes it |Corporations must |
| |establishment or |PAC may contribute $500 to any |legislative candidate, $500 to any| |impractical for |file reports for |
| |administration of a state |statewide or legislative |PAC, and $5,000 to state political|2) By lobbyists to candidates if |federal PACs to make|contributions to |
| |PAC). |candidate, $500 to any PAC, and |parties, per calendar year. Total |more than $200 per calendar year. |contributions in the|ballot measure |
| | |$5,000 to state political |aggregate contributions limited to| |state. |committees. |
| | |parties, per calendar year.) |$12,500 per calendar year. | | |Individuals must file|
| | | | | | |reports for |
| | | | | | |independent |
| | | | | | |expenditures. |
|Michigan |Prohibited. |PACs, which have qualified as |$3,400 to any statewide, $1,000 to|None. |In-state |Corporations making |
| | |“independent PACs” are limited |any state senate, $500 to any | |registration and |ballot measure |
|(May be adjusted| |to the following contributions: |state representative candidate per| |periodic reports |contributions not |
|for inflation in| |$34,000 to statewide candidates,|election cycle. $20,000 to a | |required if federal |required to file |
|2007.) | |$10,000 to state senate |house or senate caucus committee | |PAC makes $500 or |activity reports |
| | |candidates, $5,000 to state |per calendar year. | |more in |unless it solicits |
| | |representative candidates per | | |contributions in a |funds for such |
| | |election cycle. $20,000 to a | | |calendar year. |purposes. |
| | |house or senate caucus committee| | |Special rules apply |Individuals who make |
| | |per calendar year. If not an | | |for PACs that do |independent |
| | |“independent PAC,” apply | | |"business" in the |expenditures in |
| | |individual limits. | | |state. |excess of $100 must |
| | | | | | |file reports within |
| | | | | | |10 days to the county|
| | | | | | |clerk. |
|Minnesota |Prohibited (including the |Federal PACs are required to |$2,000 to Governor/Lt. Governor |While the legislature is in session |The making of |Corporations making |
| |establishment or |register as state PACs, however |jointly per election year ($500 |(does not apply to individual |contributions by |contributions to |
| |administration of a state |given Minnesota's restraints on |per non-election year); $1,000 to |contributors or to special session |corporate Federal |ballot questions must|
| |PAC). |corporate support; it may be |Attorney General per election year|elections). |PACs may be |register within 14 |
| | |impracticable for corporate |($200 per non-election year); $500| |impracticable given |days and file regular|
| | |federal PACs to be active in |to other statewide candidates per | |Minnesota's |reports. |
| | |this state. |election year ($100 per | |restrictions on | |
| | | |non-election year); $500 to state | |corporate support. |Individuals making |
| | | |senate or state representative per| | |independent |
| | | |election year ($100 per | |State PACs must |expenditures must |
| | | |non-election year). | |register and report.|file regular activity|
| | | | | | |reports. |
|Mississippi |$1,000 to any statewide, |None (although a PAC cannot be |No limits to statewide, |None. |Federal PACs must |Individuals and |
| |legislative or local |used to make an indirect |legislative or local candidates, | |register as an |corporations are |
| |candidate, or political |corporate contribution, and |PACs or political parties. $5,000| |in-state PAC and |generally not |
| |party per calendar year. |under certain circumstances |per election limit to Court of | |file regular |required to register |
| |Affiliated corporations may |contributions by corporate PACs |Appeals and Supreme Court judicial| |activity reports in |or file reports |
| |each contribute up to the |may be limited to $1,000 per |candidates; $2,500 to other | |accordance with |related to campaign |
| |limit. Contributions to |candidate or political party per|judicial candidates. | |state deadlines. |contributions. |
| |PACs not limited, though PAC|calendar year). | | | |However, reports may |
| |may not be used to make | | | | |be required for the |
| |indirect corporate | | | | |making of independent|
| |contributions to candidate | | | | |expenditures. |
| |or party. "Public utility” | | | | | |
| |corporations may not | | | | | |
| |contribute to Public Service| | | | | |
| |Commission candidates. | | | | | |
|Missouri |$1,275 for statewide office,|Corporations, Federal PACs and |Corporations, Federal PACs and |None. |State law imposes |Generally, no |
| |$650 for state senate |Individuals have the same |Individuals have the same limits. | |special restrictions|corporate or |
|(To be adjusted |candidates, and $325 for |limits. | | |on federal PACs, |individual filing |
|in Jan. 2008) |state representatives. No | | | |which may limit |requirements for the |
| |limit to state PACs and | | | |activity in the |making of |
| |state political parties. | | | |state. No federal |contributions. |
| | | | | |PAC contributions |Special reports for |
| | | | | |within 30 days of an|corporations making |
| | | | | |election. |independent |
| | | | | | |expenditures. |
|Montana |Prohibited. |$500 to any governor/lt. |Federal PACs and Individuals have |To state officers or employees in |May be required to |No individual filing |
| | |governor ticket, $250 to |the same limitations. |state buildings. |file periodic |requirements for |
|(To be adjusted | |statewide, and $130 to all other| | |reports in state. |making of |
|per election, | |public office candidates per | | | |contributions. |
|first adjustment| |election. | | | | |
|Nov. 2007) | | | | | | |
|Nebraska |None, though recipient |None, though recipient aggregate|None. |None. |May be required to |Corporations may be |
| |aggregate limits apply. |limits apply, see below. | | |register and file |subject to filing |
| |Lottery contractors | | | |periodic reports on |requirements. |
| |prohibited from contributing| | | |state deadlines if | |
| |to state candidates. | | | |funds raised for | |
| | | | | |state purposes. | |
|Nevada |$5,000 per candidate per |Corporations, Federal PACs and |Corporations, Federal PACs and |1) From 30 days before to 30 days |May be required to |In very limited |
| |election. Contributions to |Individuals have the same |Individuals have the same |after the legislative session; or |register and file |instances, |
| |PACs and political parties |limitations. |limitations. | |periodic reports on |registration and/or |
| |not limited. | | |2) From the day after the |state deadlines. |reports required of |
| | | | |declaration of a special session | |specified business |
| | | | |until 15 days after adjournment. | |entities. |
| | | | | | |Individuals and |
| | | | | | |corporations may |
| | | | | | |trigger reports for |
| | | | | | |independent |
| | | | | | |expenditures and |
| | | | | | |ballot measure |
| | | | | | |activity. |
|New Hampshire |$5,000 per candidate per |Prohibited, unless PAC registers|Corporations and Individuals have |None. |In-state |No corporate or |
| |election if candidate agrees|with the state. |the same limitations. | |registration and |individual filing |
| |to participate in spending | | | |regular activity |requirements for |
| |limits; if candidate does | | | |reports required if |making of |
| |not agree, then $1,000 per | | | |$500 or more in |contributions. |
| |candidate per election. | | | |contributions made | |
| | | | | |in an election | |
| |$5,000 to state PACs and | | | |cycle. | |
| |political parties per | | | | | |
| |election. | | | | | |
|New Jersey |Prohibited from "regulated" |Same limits as corporations |Corporations and individuals have |To state candidates while on state |Federal PACs do not |No corporate or |
| |corporations (including |except that PACs may contribute |the same limitations. |property. |register as in-state|individual filing |
|(May be adjusted|banks, insurance, public |up to $8,200 to statewide, | | |PACs unless they |requirements for |
|for inflation in|utility and casino |legislative or local candidates |Majority stockholders covered by | |raise money in New |making of |
|2008.) |companies). Also restricted|per election. |"regulated" corporation | |Jersey and operate |contributions. |
| |from certain government | |prohibition. | |as a continuing |However, state and |
| |contractors ("pay-to-play") |PACs controlled by regulated | | |committee. Once |local government |
| |to certain recipients. |entities must pay their own |Shareholders of more than 10 | |registered, regular |contractors may be |
| | |overhead costs. |percent in a government contractor| |in-state filings |required to disclose |
| |For other corporations: | |covered by pay-to-play | |required. |contribution |
| |$3,000 to governor (2005 |PACs controlled by government |prohibition. | | |information on |
| |limit). $2,600 to any other|contractors are still covered by| | | |contract |
| |statewide, legislative or |pay-to-play prohibition. | | | |certifications and |
| |local candidate per | | | | |annual reports. |
| |election. $7,200 to a PAC | | | | | |
| |per election; $7,200 to | | | | | |
| |continuing political | | | | | |
| |committee per calendar year.| | | | | |
| |$25,000 to state political | | | | | |
| |parties and legislative | | | | | |
| |leadership committees per | | | | | |
| |calendar year. | | | | | |
|New Mexico |None. (However, regulated |None. |None. |From January 1 until the end of the |Federal PACs |Corporations and |
| |corporations cannot | | |legislative session, and 20 days |registered with the |Individuals are not |
| |contribute to candidates for| | |after the legislative session if the|FEC are not required|required to register |
| |office who “directly” | | |contribution is to a candidate for |to register with the|or report. |
| |regulate the corporation.) | | |governor, or during a special |state. However, | |
| | | | |session. |copies of FEC | |
| | | | | |reports must be | |
| | | | | |filed with the state| |
| | | | | |in accordance with | |
| | | | | |FEC deadlines. | |
|New York |$5,000 in the aggregate to |Limited to $1,000 in the |$150,000 in the aggregate to all |None |Federal PAC may |Registration and |
| |all state and local |aggregate to all state and local|state and local candidates per | |contribute up to |reports not required |
| |candidates, PACs and |candidates, PACs and political |calendar year. Statewide primary:| |$1,000 in state and |of corporations or |
| |political parties per |parties per calendar year. |(Number of party voters multiplied| |local contributions |individuals. |
| |calendar year. |Otherwise, separate state PAC |by $.005); Statewide general: | |without having to | |
| |Individual/PAC per candidate|must be formed; corporate |$33,900; State senate primary: | |register with the | |
| |limits also apply. No |support will be limited. |$5,400; State senate | |state; copies of FEC| |
| |limits for state party | |general:$8,500; State assembly | |reports required on | |
| |“housekeeping” accounts. |State PAC subject to the same |primary and general: $3,400. | |federal deadlines. | |
| | |per-candidate limits as | | |Separate state PAC | |
| | |individuals. | | |must be formed to | |
| | | | | |make contributions | |
| | | | | |in excess of $1,000.| |
|North Carolina |Prohibited. |$4,000 to any statewide or |Same as Federal PAC limits. |Prohibits contributions to members |Must register within|No individual filing |
| | |legislative candidate or PAC per| |of the state legislature made by, at|10 days of making |requirements for |
| | |election. No limit to | |the behest of, or on the |any non-federal |making of |
| | |political parties. Federal PACs| |recommendation of a registered |contributions in |contributions. |
| | |and Individuals have the same | |lobbyist or made by a lobbyist |North Carolina. | |
| | |limitations. | |employer's federal PAC while the |Requires appointment| |
| | | | |General Assembly is in regular |of in-state | |
| | | | |session. |treasurer or | |
| | | | | |assistant treasurer.| |
| | | | |Lobbyists and personal campaign | | |
| | | | |contributions to legislators or |In-state reports | |
| | | | |public servants running for office. |required on the same| |
| | | | | |schedule as state | |
| | | | |Lobbyists bundling contribution for |PACs. FEC filings | |
| | | | |legislators or public servants |will not satisfy | |
| | | | |running for office. |state requirements. | |
|North Dakota |Prohibited. |None. |None. |None. |Federal PACs making |Generally individuals|
| | | | | |over $200 in |and corporations are |
| | | | | |contributions to |not required to file |
| | | | | |state candidates, |reports unless |
| | | | | |parties or |contributions to |
| | | | | |committees may file |ballot measures are |
| | | | | |FEC reports (Form |made or solicited. |
| | | | | |3X) with the | |
| | | | | |Secretary of State | |
| | | | | |on federal | |
| | | | | |deadlines, in lieu | |
| | | | | |of state reports. | |
|Ohio |Prohibited unless |Contributions to statewide and |Federal PAC and individuals |None, other than those relating to |Must register with |Corporations may have|
| |contribution is to a state |legislative candidates limited |generally have the same limits. |state and local government |Secretary of State |to file reports for |
|(To be adjusted |or county political party |to $10,670 per election. |However, individuals may |contractors. |before making any |ballot measure |
|for inflation in|“restricted fund.” |Contributions to political |contribute to county parties | |non-federal |contributions; |
|2009.) | |parties (state candidate fund) |(state candidate fund), limited to| |contributions in |individuals may be |
| |Special variable limits |$32,010 per calendar year; to |$10,670 per calendar year. | |Ohio. Copies of |subject to filing |
| |apply to state and local |legislative campaign fund | | |federal reports |requirements for |
| |government contractors |$16,005 per calendar year; to |Special limits apply to certain | |required on federal |independent |
| |contributing to a public |PACs $10,670. PACs may not |individuals, spouses and minors of| |deadlines. |expenditures. State |
| |official responsible for |contribute to county parties |state and local government | | |and local government |
| |awarding the contract. |(state candidate fund). |contractors. | | |contractors must |
| | | | | | |certify compliance |
| | |Only PACs deemed affiliated | | | |with pay-to-play |
| | |under the government contractor | | | |restrictions. |
| | |provisions face further | | | | |
| | |restriction. | | | | |
|Oklahoma |Prohibited. |$5,000 to any statewide or |Individuals and family units |At fundraisers held in Oklahoma |Federal PACs must |None. |
| | |legislative candidate per |limited to $5,000 to any statewide|County while the legislature is in |register as an | |
| | |campaign (covers period from |or legislative candidate per |session (does not apply to Oklahoma |in-state PAC and | |
| | |campaign formation to closure |campaign (covers period from |county representatives or statewide |file regular | |
| | |including primary, runoff and |campaign formation to closure |candidates). |activity reports. | |
| | |general elections.) $5,000 to |including primary, runoff and | | | |
| | |PACs and political parties per |general elections); $5,000 to any | | | |
| | |calendar year. |PAC or political party per | | | |
| | | |calendar year; $1,000 to local | | | |
| | | |offices per election cycle. | | | |
|Oregon |None. Secretary of State's |None. Secretary of State's |None. Secretary of State's Office|Ban on contributions during |Required to register|No corporate or |
| |Office has opined that a ban|Office has opined that limits on|has opined that individual |legislative session has not been |and file periodic |individual filing |
| |on corporate contributions |federal PAC activity will not be|contribution limits will not be |enforced since early 2001. Since |reports as a state |requirements for |
| |will not be enforced until |enforced until Oregon's |enforced until Oregon's |2001, daily reporting of |PAC, only if over |making of |
| |Oregon's Constitution is |Constitution is amended. |Constitution is amended. |contributions during the session |certain percentage |contributions unless |
| |amended. | | |required. |in state. |independent |
| | | | | | |expenditures are |
| | | | | | |made. |
|Pennsylvania |Prohibited. |None. |None. Persons with gaming |None |Registration |Corporations doing |
| | | |interests restricted from making | |required as well as |business with state |
| | | |political contributions. | |the filing of |may have filing |
| | | | | |periodic reports on |obligations for |
| | | | | |state deadlines. |individual |
| | | | | | |contributions of |
| | | | | | |officers and |
| | | | | | |employees. |
|Rhode Island |Prohibited. |Prohibited. Corporations must |$1,000 to any statewide or |None. |State registration |Certain state vendors|
| | |form a separate state PAC to |legislative candidate, $1,000 to a| |and reporting |must file reports |
| | |make contributions in Rhode |PAC, and $10,000 in the aggregate | |required. Quarterly|annually listing all |
| | |Island. State PAC may make |to all candidates and PACs per | |reports. Additional|contributions over |
| | |contributions of $1,000 per |calendar year. | |pre-election and |$250 made by an |
| | |candidate per election. $25,000| | |post-election |officer, employee or |
| | |aggregate calendar limit to | | |reports required. |their families. |
| | |candidates and other PACs. | | | | |
| | |$10,000 aggregate limit to | | | | |
| | |political parties for “party | | | | |
| | |building activities.” | | | | |
|South Carolina |$3,500 to statewide, $1,000 |$3,500 to statewide, $1,000 to |Federal PACs and Individuals have |By lobbyists; By hand delivery on |Federal PACs are not|Corporations and |
| |to other candidates per |other candidates per election |the same limitations. |State Capitol grounds or in an |required to register|individuals must file|
| |election cycle. $3,500 to |cycle. (If running unopposed in| |official residence of a statewide |in state. However, |as a "non-candidate |
| |PACs, caucus committees and |the primary or general, a single| |officer. (Mailed contributions |they must file a |committee" if $25,000|
| |political parties per |limit applies for both | |permissible.) |copy of the portion |or more in campaign |
| |calendar year. |elections.) $3,500 to PACs, | | |of their FEC report |contributions are |
| |Contributions by public |caucus committees and political | | |reflecting in-state |made in the aggregate|
| |utilities and entities |parties per calendar year. | | |contributions with |during an election |
| |awarded non-bid contracts by| | | |the Ethics |cycle. |
| |recipient prohibited. | | | |Commission, on | |
| | | | | |federal deadlines. | |
|South Dakota |Prohibited. |None. |$1,000 to any statewide, $250 to |None. |May be required to |No individual filing |
| | | |any legislative candidate, $3,000 | |register and file |requirements for |
| | | |to any political party per | |periodic reports in |making of |
| | | |calendar year. | |state on federal |contributions. |
| | | | | |deadlines. | |
|Tennessee |Prohibited (including the |$7,500 to any statewide, $7,500 |$2,500 to any statewide, $1,000 to|1) While the legislature is in |May be required to |No individual filing |
| |establishment or |to state senate, $5,000 to other|other state or local candidate per|session; or |register and file |requirements for |
| |administration of a state |state or local candidate per |election. | |periodic reports. |making of |
| |PAC.) |election. Special rules apply | |2) By PACs during the 10 days prior |Corporation may not |contributions. |
| | |for federal PACs. (Also, |($101,400 aggregate 2-year limit, |to an election, including election |pay administrative | |
| | |candidates have limits of their |$40,000 max to candidates and |day. |expenses | |
| | |total percentage of |$61,400 to PACs and parties, | |attributable to | |
| | |contributions from PACs.) |adjusted 1/1 of odd years |3) By lobbyists to governor, |state contributions.| |
| | | |beginning 2007.) |legislators or any candidates for | | |
| | |($101,400 aggregate 2-year | |governor or the legislature. | | |
| | |limit, $40,000 max to candidates| | | | |
| | |and $61,400 to PACs and parties,| | | | |
| | |adjusted 1/1 of odd years | | | | |
| | |beginning 2007.) | | | | |
|Texas |Prohibited. Some |None. |None. |1) To legislators, statewide |May be required to |No individual filing |
| |contributions to party | | |officers and caucuses 30 days prior |register and file |requirements for the |
| |“overhead” committee | | |to and during the legislative |periodic reports if |making of |
| |permitted, as long as not | | |session; |federal PAC |contributions. |
| |made within 60 days of an | | | |qualifies as a state| |
| |election. | | |2) “Administrative overhead” |PAC; otherwise | |
| | | | |contributions from corporations or |certification | |
| | | | |unions to party committees during |statement must be | |
| | | | |the period 60 day period prior to a |filed. | |
| | | | |general election to the day of a | | |
| | | | |general election; or | | |
| | | | | | | |
| | | | |3) In state capital buildings or | | |
| | | | |annexes (mailed contributions | | |
| | | | |permissible). | | |
|Utah |None. |None. |None. |By a lobbyist or lobbyist employer |Federal PACs must |Corporations and |
| | | | |while the legislature is in session.|register in the |individuals are not |
| | | | | |state if contribute |required to register.|
| | | | | |$750 or more in any |However, corporations|
| | | | | |calendar year. |whose aggregate |
| | | | | |Periodic reports |contributions equal |
| | | | | |will be required. |$750 or more per |
| | | | | | |calendar year must |
| | | | | | |file periodic reports|
| | | | | | |with the state. |
|Vermont |$1,000 per election to |$3,000 per election to |Individuals and corporations have |Lobbyists and lobbyist employers may|Federal PACs must |Corporations and |
| |candidates. $2,000 per |candidates. $2,000 per cycle to|the same limitations. |not make or deliver contributions to|register with the |individuals generally|
| |cycle to PACs and political |PACs and political parties. | |legislators or administrative |state. However, FEC|do not have filing |
| |parties. | | |officials while the legislature is |reports may be filed|requirements with |
| | | | |in session. |in lieu of state |campaign |
| | | | | |filings. |contributions. |
| | | | | | |However, reports may |
| | | | | | |be required if |
| | | | | | |contributions are |
| | | | | | |made for mass media |
| | | | | | |within 30 days of a |
| | | | | | |primary or general |
| | | | | | |election. |
|Virgin Islands |$1,000 per candidate per |$1,000 per candidate per |$1,000 per candidate per election.|None. |May be required to |Corporations and |
| |election. |election. | | |register and file |individuals may be |
| | | | | |periodic reports. |subject to filing |
| | | | | | |requirements. |
|Virginia |None. |None. |None. |While the legislature is in session |Federal PAC must |No corporate or |
| | | | |to state candidates. |file a statement of |individual filing |
| | | | | |organization with |requirements for |
| | | | | |the state. Activity|making of |
| | | | | |reports are not |contributions. |
| | | | | |required if FEC |However, corporations|
| | | | | |reports are current.|making independent |
| | | | | | |expenditures may |
| | | | | | |trigger reports as |
| | | | | | |PACs. |
|Washington |$1,400 to statewide, $1,400 |$1,400 to any statewide, $1,400 |Federal PACs and Individuals have |1) For an election if the election |Federal PACs must |Corporations not |
| |to any judicial, $700 to any|to any judicial, $700 to any |the same limitations. |has passed, or for the general |register and file |required to register,|
|(To be adjusted |legislative candidate per |legislative candidate per | |election after December 1; |activity reports as |but reporting may be |
|for inflation in|election; $3,500 to a |election. $700 to caucus | | |an "out-of-state |required. |
|2008.) |political party per calendar|committees, $3,500 to political | |2) 30 days before legislative |committee." FEC | |
| |year; provided the |parties, unlimited to PACs. | |session through 30 days after |reports will not | |
| |corporation does business in| | |session and during special sessions,|comply with state | |
| |the state. Insurance | | |or |requirements. | |
| |companies are prohibited | | | | | |
| |from contributing to | | |3) In state office buildings. | | |
| |Insurance Commissioner | | | | | |
| |candidates. $700 to caucus | | | | | |
| |committees, $3,500 to | | | | | |
| |political parties, unlimited| | | | | |
| |to PACs. | | | | | |
|West Virginia |Prohibited. By state |$1,000 to any statewide or |Federal PACs and Individuals have |In state office buildings at any |Federal PACs not |No corporate or |
| |contractors to candidates, |legislative candidate per |the same limitations. By state |time (applies to the solicitation of|required to |individual filing |
| |political parties and |election. $1,000 to state party|contractors to candidates, |contributions). |register, report or |requirements for |
| |committees. Does not extend|executive committees and state |political parties and committees. | |file copies of |making of |
| |to federal PACs of state |party legislative caucus |Does not extend to federal PACs of| |federal reports as |contributions. |
| |contractors. Public |committees per calendar year. |state contractors. | |long as filings are | |
| |utilities and railroad | | | |current with the | |
| |companies are also | | | |FEC. | |
| |prohibited from forming | | | | | |
| |PACs. | | | | | |
|Wisconsin |Prohibited. |$43,128 to governor, $12,939 to |$10,000 to any statewide, $1,000 |1) By Lobbyists (made or delivered) |Federal PACs are |Corporations |
| | |lt. governor, $21,560 to |to state senate, $500 state |while the legislature is in session.|required to file |sponsoring PACs are |
| | |attorney general, $8,625 to all |assembly, $1,000 to $3,000 for |Special provisions relating to |in-state |also required to |
| | |other statewide candidates, |judicial, from $250 to $3,000 for |lobbyists and PACs which employ |registration and |register and file |
| | |$1,000 to state senate, $500 to |local per election cycle. Limited|lobbyists exist, so checking with a |regular activity |activity reports. |
| | |state assembly, from $1,000 to |to $10,000 in aggregate |specialist or the Ethics Board is |reports. | |
| | |$3,000 for judicial, from $200 |contributions per calendar year. |recommended; |Appointment of |Individuals making |
| | |to $2,500 for local per election| | |in-state agent also |independent |
| | |cycle. $6,000 to political | |2) By Lobbyists except during the |required. |expenditures are also|
| | |parties and legislative campaign| |during the year of an election | |required to register |
| | |committees per calendar year. | |between June 1 and the general | |and file activity |
| | | | |election; or | |reports. |
| | | | | | | |
| | | | |3) To State Senators and Assembly | | |
| | | | |Members at fundraisers held in Dane | | |
| | | | |County during legislative session. | | |
|Wyoming |Prohibited. |None. |$1,000 to any candidate per |None. |May be required to |No individual filing |
| | | |election. $25,000 in the aggregate| |file periodic |requirements for |
| | | |to all candidates per two-year | |reports on state |making of |
| | | |election period. | |deadlines. |contributions. |
APPENDIX B
SAMPLE TRANSMITTAL LETTERS
TRANSMITTAL LETTER #1
PROPOSED CORPORATE CONTRIBUTION
(Treasurer Name)
(Campaign Committee Name)
(Campaign Committee Address)
Dear (Treasurer or Committee Name):
(Name of Corporation) is pleased to make a corporate contribution in the amount of $_____ to support (Name of Committee or Candidate) (Recommended in jurisdictions with per election limits: in the primary/general/runoff election to be held [date]). (Sentence about what corporation does and that it supports pro-business candidates, the two-party system, etc.) We make this contribution on the belief that corporate contributions may be accepted by your committee and are not limited to an amount less than the enclosed contribution. You may not use this contribution in connection with any federal election.
(Optional: Please be advised that [name of corporation] contracts as a [business area, such as utility or health provider] with public jurisdictions throughout the United States. It is our understanding that no office that (Candidate’s Name) currently holds or seeks would require disqualification on such contract matters because of the receipt of this corporate contribution.)
If we are incorrect in any of our understandings, please return this contribution check uncashed or contact us immediately.
Sincerely yours,
(Name of Sender)
Enclosure: Contribution of $_____; check # _____
(Optional: Have treasurer sign the acknowledgment below and return it with a copy of the letter.)
-------------------------------------------------------------------------
Treasurer Acknowledgment:
_____________________ __________________
Name of Treasurer Date
SAMPLE TRANSMITTAL LETTERS
TRANSMITTAL LETTER #2
PROPOSED FEDERAL PAC CONTRIBUTION
(Treasurer Name)
(Campaign Committee Name)
(Campaign Committee Address)
Dear (Name of Treasurer or Committee):
(Name of PAC), a political action committee registered by (name of corporation) with the Federal Election Commission, is pleased to make a contribution of $_____ to support (Name of Committee or Candidate) (Recommended in jurisdictions with per election limits: in the primary/general/runoff election to be held [date]). (Sentence about what corporation does and that it supports pro-business candidates, the two-party system, etc.) [Name of PAC] makes this contribution with the belief that federal PAC contributions may be accepted by your committee and are not limited to an amount less than the enclosed contribution.
(Optional: Please be advised that [name of corporation] contracts as a [business area, such as utility or health provider] with public jurisdictions throughout the United States. It is our understanding that no office that (Candidate’s Name) currently holds or seeks would require disqualification on such contract matters because of the receipt of this corporate contribution.)
(Optional: [Name of PAC] will disclose this contribution on reports filed with the Federal Election Commission; see Appendix A for filing requirements.)
If we are incorrect in any of our understandings, please return this contribution check uncashed or contact us immediately.
Sincerely yours,
(Name of Sender)
Enclosure: Contribution of $_____; check # _____
(Optional: Have treasurer sign the acknowledgment below and return it with a copy of the letter.)
-------------------------------------------------------------------------
Treasurer Acknowledgment:
_____________________ __________________
Name of Treasurer Date
PROPOSED ADDITIONS
TO
SAMPLE TRANSMITTAL LETTERS #1 AND #2
TO COMPLY WITH
“MAJOR DONOR” REPORTING
IN CALIFORNIA
OR SIMILAR DONOR REPORTING STATES
To be used to make contributions to organizations where there is a reasonable expectation that some of the money contributed will be spent in California state and/or local campaigns or in other states with donor reporting requirements. Modify the Corporate Contribution Transmittal Form and add one of the following paragraphs:
1) This contribution is made only on the condition that none of it will be deposited into a committee that contributes any of its funds to (e.g., California) state or local candidate or ballot measure campaigns.
2) If your organization has a committee that spends all of its contributions in (California) state and/or local candidate or ballot measure campaigns, please feel free to deposit this contribution in that account, but please immediately notify us that our contribution is reportable under (California’s “Major Donor”) laws.
3) If the committee account into which you plan to deposit this contribution will spend any of its funds to support (California) state and/or local ballot measure committees, please provide us immediately what portion of this contribution is to be used in (California) so we can disclose the appropriate amount on our (California “Major Donor”) report.
................
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