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MONITORING AND ADMINISTERING INDEPENDENT EXPENDITURES

CAMPAIGN FINANCE DIVISION 2010 DIRECTORS CONFERENCE. MONITORING AND ADMINISTERING INDEPENDENT EXPENDITURES. INDEPENDENT EXPENDITURES. NOT CONTRIBUTIONS BECAUSE THEY ARE NOT COORDINATED WITH THE CANDIDATE OR OTHER POLITICAL COMMITTEE.

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MONITORING AND ADMINISTERING INDEPENDENT EXPENDITURES

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  1. CAMPAIGN FINANCE DIVISION 2010 DIRECTORS CONFERENCE MONITORING AND ADMINISTERING INDEPENDENT EXPENDITURES

  2. INDEPENDENT EXPENDITURES • NOT CONTRIBUTIONS BECAUSE THEY ARE NOT COORDINATED WITH THE CANDIDATE OR OTHER POLITICAL COMMITTEE. • MUST ADVOCATE FOR OR AGAINST A CLEARLY IDENTIFIED CANDIDATE(S) OR CANDIDATES OF A CLEARLY IDENTIFIED POLITICAL PARTY. • NO LIMITATIONS ON FUNDING. • ADDITIONAL REPORTING AND MEDIA REQUIREMENTS.

  3. DIFFERENCE BETWEEN INDEPENDENT EXPENDITURE (IE) FILER AND INDEPENDENT EXPENDITURE (IE) POLITICAL COMMITTEE • IE FILER IF NOT AN INDIVIDUAL, ENTITY DOES NOT MEET THE “MAJOR PURPOSE” TEST. • DISCLOSURE OF INFORMATION RELATED TO IE ONLY. • IE POLITICAL COMMITTEE MEETS MAJOR PURPOSE TEST. • DISCLOSURE OF ALL CONTRIBUTONS AND EXPENDITURES REGARDLESS OF PURPOSE.

  4. WHO CAN MAKE INDEPENDENT EXPENDITURES? • PRIOR TO CITIZENS UNITEDONLY INDIVIDUALS AND THOSE ENTITIES THAT ARE ELIGIBLE TO CONTRIBUTE TO POLITICAL COMMITTEES. • AFTER CITIZENS UNITED ANY INDIVIDUAL OR ENTITY.

  5. HOW DO WE KNOW THEY ARE OUT THERE? • DISCLOSURE REPORTING • MEDIA • OPPONENTS OF CANDIDATES SUPPORTED BY THE IE • WATCHDOG GROUPS • INTERESTED CITIZENS

  6. WHAT SHOULD WE DO IF WE ARE AWARE OF AN IE THAT HASN’T BEEN REPORTED? • PROVIDE FRIENDLY REMINDERS---CALL OR EMAIL PERSON/ENTITY MAKING THE EXPENDITURE. • SEND FORMS FOR REPORTING. FOLLOW-UP IF RESPONSE NOT RECEIVED. • REFER TO SBE AS NON-COMPLIANT ENTITY.

  7. WHAT ARE OUR MONITORING RESPONSIBILITES FOR UNKNOWN INDEPENDENT EXPENDITURES? • READ THE NEWSPAPER, WATCH TV AND LISTEN TO THE RADIO (IN YOUR SPARE TIME ) • FOLLOW-UP ON INFORMATION PROVIDED BY OTHERS TO YOUR OFFICE. • GOAL IS TO KEEP EVERYONE COMPLIANT SO THAT PUBLIC HAS PROPER DISCLOSURE.

  8. WHAT IF THE REPORT IS LATE? • CERITIFY AS LATE TO SBE JUST AS ALL OTHER LATE REPORTS. THEY ARE PENALIZED IN THE SAME MANNER.

  9. WHAT SHOULD A CANDIDATE DO IF THEY RECEIVE NOTICE THAT AN IE WAS MADE ON THEIR BEHALF? • DETERMINE IF ANYONE ON BEHALF OF THE CANDIDATE COORDINATED WITH THE ENTITY MAKING THE IE. IF NOT, NO REPORTING REQUIRED. • IF SO, REPORT AS AN INKIND CONTRIBUTION.

  10. RELEVANT FORMS • CRO-2210A INDEPENDENT EXPENDITURE REPORT • CRO-2210B RECEIPTS FOR INDEPENDENT EXPENDITURES • CRO-2210C DISBURSEMENTS FOR INDEPENDENT EXPENDITURES

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