2023 Candidate Filing Guide.pdf

Notes, Acknowledgements, and Disclaimers . . . . . . . . . . . . . . . . . . . . 3Notes, Acknowledgements, and Disclaimers . . . . . . . . . . . . . . . . . . . . 3

Getting Started . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4Getting Started . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Campaign Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20Campaign Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Campaign Advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Campaign Advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Frequently Asked Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31Frequently Asked Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Elected Officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41Elected Officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Appendix A: Independent Candidacy . . . . . . . . . . . . . . . . . . . . . . . 43 Appendix A: Independent Candidacy . . . . . . . . . . . . . . . . . . . . . . . 43

Appendix B: Changes in Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Appendix B: Changes in Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

Appendix C: Online Filing System Quick Overview. . . . . . . . . .54 Appendix C: Online Filing System Quick Overview. . . . . . . . . .54

ContentsContents

For General Questions and Obtaining FormsFor General Questions and Obtaining Forms

Contact the Ofce of the Secretary of State

Mailing Address: Elections Division

Ofce of the Secretary of State

P.O. Box 5616

Montgomery, Alabama 36103-5616

Telephone: (334) 242-7210 or (800) 274-8683

General FAX: (334) 242-2444

FAX for Reporting: (334) 353-2295

Website: alabamavotes.gov

E-mail: [email protected]

For Online Filing QuestionsFor Online Filing Questions

Website: fcpa.alabamavotes.gov

Help Desk: (888) 864-8910

Contact the Alabama Ethics Commission

Telephone: (334) 242-2997

Website:

ethics.alabama.gov

For Ethics Act Compliance QuestionsFor Ethics Act Compliance Questions

SPECIAL NOTE FOR FEDERAL CANDIDATESSPECIAL NOTE FOR FEDERAL CANDIDATES

This ling guide applies to candidates for state, county, and municipal

ofces. Federal candidates must follow reporting guidelines and deadlines

administered by the Federal Elections Commission (FEC). For more

information, please contact the FEC at:

Federal Elections Commission

999 E Street Northwest

Washington, D.C. 20463

1 (800) 424-9530

www.fec.gov

PUBLICATION NOTESPUBLICATION NOTES

FCPA CANDIDATE FILING GUIDE—EIGHTEENTH EDITIONFCPA CANDIDATE FILING GUIDE—EIGHTEENTH EDITION

Prepared by the Ofce of the Secretary of State

EditorsEditors

Wes Allen, Secretary of State

Clay Helms, Chief of Staff

Mike Jones, General Counsel

Meridith Blackburn, Deputy General Counsel

Jeff Elrod, Director of Elections

Candace Payne, Elections Analyst

Vicki Wittenborg, Elections Analyst

Kennedy Banks, Elections Staff

Jack Burns, Elections Staff

Mary Kohls, Elections Staff

Cover Art

Jonathan Jones

University of Alabama at Huntsville

AcknowledgementsAcknowledgements

The Ofce of the Secretary of State appreciates the guidance provided by the

Ofce of the Attorney General through its Opinions Division. The Secretary

of State would like to extend a special thanks to former Assistant Attorney

General Brenda Smith for the time she devoted to reviewing previous editions.

The Secretary of State appreciates Gregory P. Butrus, partner of Balch &

Bingham LLP, for his contributions to and review of previous editions of this

guide. Appreciation is also extended to the Administrative Ofce of Courts

and the Alabama Ethics Commission.

Legal DisclaimerLegal Disclaimer

This document is not a substitute for the Code of Alabama 1975. It is provid-

ed as a guide and is not intended to be an authoritative statement of law. For

further legal information, please consult the Code of Alabama 1975, other

appropriate legal resources, or your attorney.

CHAPTER ONECHAPTER ONE

GETTING STARTEDGETTING STARTED

The Fair Campaign Practices Act (FCPA), the state’s campaign

nance law, is found in the Code Of Alabama 1975, § 17-5-1 through § 17-5-1 through

§ 17-5-21.§ 17-5-21. This act sets the rules for how and when candidates can

raise and spend money. The law also species how campaign nance

activities are reported.

MANDATORY CAMPAIGN FINANCE COMMITTEEMANDATORY CAMPAIGN FINANCE COMMITTEE

The law requires every candidate to organize a campaign nance

committee and le an APPOINTMENT OF PRINCIPAL CAMPAIGN APPOINTMENT OF PRINCIPAL CAMPAIGN

COMMITTEE COMMITTEE form, which lists who serves on the committee. (§ 17-

5-4)

The committee form must be led within

ve (5) days

becoming a candidate. For purposes of the FCPA, the law denes

two (2) ways to become a candidate, the rst of either [See § 17-5-

2(a)(1)]:

1. reaching the disclosure threshold by either receiving

contributions in excess of $1,000 or making expenditures

in excess of $1,000, regardless of the ofce sought; or

2. qualifying as a candidate with a political party or ling a

petition as an independent candidate.

Effective August 1, 2023, all principal campaign

committees for municipal candidates that previously led

with the judge of probate shall le electronically with the

Secretary of State. (Act 2021-314)

A candidate may either serve as the sole member of their principal

campaign committee or may appoint from two (2) to ve (5) persons.

If a candidate serves as their own principal campaign committee,

they shall designate a COMMITTEE DISSOLUTION DESIGNEE, a

person responsible for dissolving the principal campaign committee

in the event of the candidate’s death or incapacity. If the designated

person is unable to serve in this capacity at the time of the candidate’s

death or incapacity, the principal campaign committee shall be

dissolved by the candidate’s personal representative as appointed by

the judge of probate. [§ 17-5-4(c)]

Candidates and PACs may also select a DESIGNATED FILING DESIGNATED FILING

AGENT AGENT when appointing their campaign nance committee. That

agent will be authorized to le all required reports for the candidate

during the election cycle.

Political Action Committees need to ll out a STATEMENT OF STATEMENT OF

ORGANIZATION OF POLITICAL ACTION COMMITTEE ORGANIZATION OF POLITICAL ACTION COMMITTEE form online

with the Secretary of State in order to register the PAC. Once a PAC

raises or spends more than $1,000 to inuence an election cycle, the

ling of regular reports is required.

STATEMENT OF ECONOMIC INTERESTSSTATEMENT OF ECONOMIC INTERESTS

Except for federal candidates and ofce holders with a current

STATEMENT OF ECONOMIC INTERESTSSTATEMENT OF ECONOMIC INTERESTS on le, candidates at

every level of government must le a STATEMENT OF ECONOMIC STATEMENT OF ECONOMIC

INTERESTS INTERESTS form with the State Ethics Commission no more than

ve (5) days after the date they le their qualifying papers with

the appropriate election ofcial. (§ 36-25-15) This form covers the

previous calendar year. A candidate who has a current STATEMENT STATEMENT

OF ECONOMIC INTERESTSOF ECONOMIC INTERESTS form on le with the Ethics Commission

does not have to le a duplicate form. For questions about ling the

STATEMENT OF ECONOMIC INTERESTSSTATEMENT OF ECONOMIC INTERESTS form, please visit ethics.

alabama.gov or contact them at (334) 242-2997.

If the individual becomes a candidate by qualifying with a

political party, the STATEMENT OF ECONOMIC INTERESTSSTATEMENT OF ECONOMIC INTERESTS must

be submitted to the State Ethics Commission no more than ve (5)

days after the date such candidate les their qualifying papers with

the appropriate political party. (Ethics Commission Advisory Opinion

2016-17)

If the individual is seeking ballot access by submitting a

petition for independent candidacy, the STATEMENT OF ECONOMIC STATEMENT OF ECONOMIC

INTERESTSINTERESTS must be submitted to the State Ethics Commission

no more than ve (5) days after the date such candidate les their

petition to the appropriate election ofcial, the Secretary of State for

state candidates and the judge of probate for county candidates. [§

36-25-15(a); Ethics Commission Advisory Opinion 2016-17]

Each election ofcial who receives a declaration of candidacy or

petition to appear on the ballot shall, within ve (5) days of receipt,

notify the State Ethics Commission of the name of the candidate

and the date on which the person became a candidate. The State

Ethics Commission shall, within ve (5) business days of receipt of

such notication, notify the election ofcial whether the candidate

has complied with the requirement to submit a STATEMENT OF STATEMENT OF

ECONOMIC INTERESTSECONOMIC INTERESTS. . [§ 36-25-15(b)]

A ling that is properly addressed, postage prepaid, postmarked,

and mailed on the date the candidate qualies complies with the

statute. A candidate may le a STATEMENT OF ECONOMIC STATEMENT OF ECONOMIC

INTERESTSINTERESTS form online. (Ethics Commission Advisory Opinion

2016-02)

If a candidate does not submit a STATEMENT OF ECONOMIC STATEMENT OF ECONOMIC

INTERESTS INTERESTS in accordance with the requirements of § 36-25-15, their

name shall not appear on the ballot, and they shall be deemed not

qualied as a candidate in that election. The appropriate election

ofcial shall remove the name of that candidate from the ballot.

(AG’s Opinion 98-00200)

AFTER THE MANDATORY COMMITTEE FILINGAFTER THE MANDATORY COMMITTEE FILING

While every candidate must appoint a principal campaign

committee, candidates who have not reached the

$1,000

threshold

are exempt from ling the monthly, weekly and daily FCPA reports

until the threshold is reached. (AG’s Opinion 90-00343) Otherwise,

these reports are due prior to an election. (§ 17-5-8)

After reaching the threshold, a candidate or PAC les each FCPA

report at the required times. All contributions and expenditures,

including those received or spent to reach the threshold, are reported.

It is important to note that the payment of any qualifying fee

or other cost associated with qualifying to run for ofce is

considered an expenditure of the campaign; therefore, it should

be reported as such. If a candidate spends their own money on

their campaign, each transaction must be reported as an in-kind

contribution. [§ 17-5-2(a)(7)]

Contributions from a single source and expenditures made to a

single recipient that are greater than $100 must be itemized on these

reports. Therefore, it is important for a candidate to maintain some

type of internal record for contributions of $100 or less, since an

additional donation from the same contributor could bring the total

to more than $100 and result in a need to itemize that contributor’s

contributions. The same is true for expenditures of $100 or less.

All candidates for all legislative, state school board, and

statewide ofces who receive more than

$5,000

in contributions

during an election cycle must le their FCPA reports online. [§ 17-

5-8(g)] The online FCPA reporting system contains everything a

candidate needs to record contributions and expenditures and to le

the required reports. Act 2021-314, which becomes effective August

1, 2023, requires all candidates for any ofce, including municipal,

to le electronically.

A municipal candidate may request forms for ling these reports

from either the Ofce of the Secretary of State or from the local probate

judge. These forms are also available on alabamavotes.gov. However,

a candidate is not required to use the forms developed by the Ofce

of the Secretary of State, as long as the information required by the

FCPA is included in the report. (AG’s Opinion 90-00211)

Electronic ling is required for all state and county candidates

and all PACs. Beginning in August 2023, municipal candidates must

le electronically with the Ofce of the Secretary of State and will no

longer le with the judge of probate.

Candidates and PACs who spend more than

$1,000

on an

“electioneering communication” will have met the ling threshold for

campaign nance reporting. In accordance with Code of Alabama

1975, § 17-5-8, the candidate or PAC must disclose their contributions

and expenditures relating to the electioneering communication.

However, the candidate or PAC is not required to duplicate any

reporting. See CHAPTER THREE, CAMPAIGN ADVERTISING, for

further information on electioneering communication.

1. 1. Reports for County, District, Circuit, Legislative, and Reports for County, District, Circuit, Legislative, and

Statewide OfcesStatewide Ofces

These candidates must submit their campaign nance reports

and forms online at fcpa.alabamavotes.gov.

All Political Action Committees must also le their reports

electronically.

FILING LOCATIONSFILING LOCATIONS

2. 2. Reports for Municipal OfcesReports for Municipal Ofces

Municipal reports are submitted to the ofce of the probate

judge in the county where that municipality’s city hall is

located. Beginning August 1, 2023, municipal candidates are Beginning August 1, 2023, municipal candidates are

required to le electronically.required to le electronically.

Please note that paper lings will no longer be accepted as of August Please note that paper lings will no longer be accepted as of August

1, 2023.1, 2023.

According to the FCPA, forms must be received

before

the due date. The FCPA electronic system will send automatically

generated reminders ahead of each deadline. Complete FCPA ling

calendars for each regularly scheduled election cycle are also available

on the Secretary of State’s website.

DEADLINESDEADLINES

During the election cycle, but no earlier than twelve (12) months

prior to an election, campaign nance disclosure reports are led at

specic times before the election.

The FCPA ling calendar for the current election year is available

from the Secretary of State’s Ofce and is published on its website.

Please take careful note of all deadlines as they may be subject to

change.

The online FCPA reporting system contains a ling calendar

for each election cycle. Each candidate and PAC should select their

election cycle and the system will automatically generate the correct

calendar for the candidate or PAC to follow.

Additionally, principal campaign committees and PACs must

disclose the receipt of any single contribution of

$20,000

or more

within

two (2) business days

of receiving the contribution if the

contribution is not reported in a monthly, weekly, or daily report.

[§ 17-5-8.1(c)]

FILING SCHEDULEFILING SCHEDULE

1. 1. Monthly ReportMonthly Report

Monthly reports are due no later than the second business

day of the following month and must include all reportable

transactions for the previous full month. [§ 17-5-8(a)

(1)] The candidate’s rst monthly report must include all

unreported activity to date.

2. 2. Weekly ReportWeekly Report

Weekly reports are due on the Monday of the following week

for each of the four (4) weeks before the election date. For

reporting purposes, a week is dened as running from a

Saturday to a Friday. The rst weekly report shall include

all reportable transactions that occurred since the most

recently led prior report. [§ 17-5-8(a)(2)]

PRE-ELECTION REPORTSPRE-ELECTION REPORTS

3. 3. Daily Report (if applicable)Daily Report (if applicable)

Daily reports apply only to candidates for state legislature,

state school board, and statewide ofces. Daily reports

do not apply to candidates for county and city ofces or

to candidates for district or circuit court, circuit clerk, or

district attorney.

In some instances, campaign committees for state ofces

and PACs are required to le daily reports. Beginning on

the eighth day prior to the election, daily reports are due

for principal campaign committees or PACs that receive

or spend

$5,000

or more on that day with a view toward

inuencing the election. [§ 17-5-8(a)(3)] To clarify, daily

reports would only be due on those days that the

$5,000

daily threshold is met.

Daily reports are due each ling day by 11:59 PM,

including

Saturday

and

Sunday

. The last daily report, if applicable,

is due by 12:01 PM on the day before the election. [§ 17-

5-8(a)(3)(a)]

Principal campaign committees and PACs must disclose

the receipt of any single contribution of

$20,000

or more

within

two (2) business days

of receiving the contribution

if it is not included in a monthly, weekly, or daily report.

[§ 17-5-8.1(c)] The term “contribution” includes monetary

and in-kind contributions, as well as loans and other

transfers to the principal campaign committee or PAC.

If not included on a monthly, weekly, or daily report, the

contribution is to be led on a MAJOR CONTRIBUTION MAJOR CONTRIBUTION

REPORTREPORT form available in the electronic ling system or

from the Secretary of State’s Elections Division.

4. 4. Major Contribution Report (if applicable)Major Contribution Report (if applicable)

5. 5. Duplicate ReportsDuplicate Reports

No duplicate reports are required by the law. A political

action committee or principal campaign committee that is

required to le a daily report is not required to also le

a weekly report for the week preceding an election. A

committee required to le a weekly report is not required

to also le a monthly report in the month in which the

election is held. A committee required to le a monthly

report is not required to also le an annual report in the

year in which the election is held. [§ 17-5-8(k)]

An annual report covering each calendar year is due no later

than January 31

of the succeeding year. [§ 17-5-8(b)]

Each principal campaign committee, political action committee,

and elected state and local ofcial subject to the requirements of the

FCPA who has not closed their committee, shall le annually with the

Secretary of State or judge of probate no later than January 31

each year. [§ 17-5-8(b)]

No annual report is required to be led by a person who holds

ofce because they were appointed to serve the remainder of a term

vacated by another person, until the person serving has created a

principal campaign committee. [§ 17-5-8(b)]

ANNUAL REPORTSANNUAL REPORTS

PENALTIESPENALTIES

A candidate who intentionally violates a reporting requirement

in §§ 17-5-4, 17-5-5 or 17-5-8 is guilty, upon conviction, of a Class

A misdemeanor. [§ 17-5-19(b)]

A candidate who intentionally violates any section other than

§ 17-5-7 of the FCPA is guilty of a Class A misdemeanor. [§ 17-5-

19(a)]

Any person who intentionally violates § 17-5-7, which

addresses limits on candidates receiving campaign contributions

and spending campaign money, is guilty, upon conviction, of a Class

B felony. [§ 17-5-19(c)] See CHAPTER TWO, CAMPAIGN FUNDS, for

further information on this section of the law.

The FCPA prohibits any candidate from accepting more than

$1,000

from a principal campaign committee of a federal candidate.

[§ 17-5-15.1(a)] A candidate who intentionally violates this provision

is guilty, upon conviction, of a Class C felony. [§ 17-5-15.1(b)]

The appropriate election ofcial, either the Secretary of State

or the judge of probate, shall levy an administrative penalty against

any person who fails to timely le a required report and who does not

remedy the ling of the required report. The State Ethics Commission

shall have the authority to levy an administrative penalty against any

person who les a materially inaccurate report and who does not

remedy the ling of the report. [§ 17-5-19.1(a)]

Failure to le a timely report shall not be considered an offense

or subjected to a civil penalty so long as it is the rst failure by that

candidate or political action committee for the election cycle and the

report is led within 48 hours of the time it was due. [§ 17-5-19.1(h)]

Civil penalties levied shall be paid to the appropriate ling ofcial

within 45 days of the nality of any review. All penalties collected

by a judge of probate shall be distributed to that county’s general

fund, and all penalties collected by the Secretary of State shall be

distributed to the State General Fund. [§ 17-5-19.1(e-f)]

The schedule of civil penalties is as follows [§ 17-5-19.1(b)(1-3)]:

Ö the lesser of $300 or 10% of the amount not properly

reported for a rst offense in an election cycle;

Ö the lesser of $600 or 15% of the amount not properly

reported for a second offense in an election cycle; or

Ö the lesser of $1,200 or 20% of the amount not properly

reported for a third and all subsequent offenses in an

election cycle.

A fourth failure to properly le a required FCPA report creates a

rebuttable presumption that the candidate is intentionally violating

the reporting requirements. The Secretary of State or judge of

probate shall notify the Attorney General and the appropriate district

attorney of all persons who violate the ling requirements four (4) or

more times in an election cycle. [§ 17-5-19.1(c)]

Any penalties assessed may be paid with campaign funds.

[§ 17-5-19.1(i)]

Any person upon whom a civil penalty has been imposed may

seek a review by ling written notice with the Secretary of State or

judge of probate within 14 days after notication of the imposed

penalty. The Secretary of State or judge of probate shall refer such

review to the State Ethics Commission. [§ 17-5-19.2(a)]

FILINGSFILINGS

The Commission may set aside or reduce a civil penalty upon

a showing of good cause. The person seeking review shall bear the

burden of proof. [§ 17-5-19.2(b)]

Any candidate who voluntarily les an amended report to

correct an error without being prompted by the ling ofcial will not

be subjected to the civil penalty. In the case of a candidate, the

correction must be led prior to the election at issue. In the case of

a political action committee, the correction must be led prior to the

close of the calendar year. [§ 17-5-19.1(g)]

COMMITTEE FORMSCOMMITTEE FORMS

Candidates have two (2) committee lings, the

APPOINTMENT OF PRINCIPAL CAMPAIGN COMMITTEE APPOINTMENT OF PRINCIPAL CAMPAIGN COMMITTEE

form, used to set up the committee, and the STATEMENT OF STATEMENT OF

DISSOLUTIONDISSOLUTION, , led when the committee is closed.

The importance of the mandatory committee ling has

already been discussed on pages 4 and 5. Once a committee

is formed and the $1,000 threshold is crossed, a candidate

continues ling disclosure reports until the committee is

dissolved.

CHANGES/UPDATESCHANGES/UPDATES. . Whenever a change takes place

in the committee, such as the addition or removal of ofcers

or members, change of phone number or address, or change

of name for the political committee, candidates may provide

the new information online by updating their COMMITTEE

REGISTRATION at fcpa.alabamavotes.gov.

STATEMENT OF DISSOLUTIONSTATEMENT OF DISSOLUTION. . Once a candidate

determines that they will no longer receive contributions or

make expenditures, a STATEMENT OF DISSOLUTIONSTATEMENT OF DISSOLUTION form

must be led. [§ 17-5-5(d)] This form should be accompanied

by a TERMINATION REPORTTERMINATION REPORT which itemizes all contributions/

expenditures of more than $100 received or made since the

last itemized report. The TERMINATION REPORTTERMINATION REPORT is led using

FORMS 1A-5, discussed under the ANNUAL REPORTANNUAL REPORT and pre-

election report forms sections on this and the following pages.

If the TERMINATION REPORTTERMINATION REPORT is not led with the STATEMENT STATEMENT

OF DISSOLUTIONOF DISSOLUTION, , then the candidate must le the requisite

ANNUAL REPORT ANNUAL REPORT covering the last year of activity.

The candidate must also disclose how any excess funds

will be used. See pages 21 and 22 for information on the law

and excess funds.

FCPA DISCLOSURE FILINGSFCPA DISCLOSURE FILINGS

Upon crossing the disclosure threshold by either raising

or spending more than

$1,000

, a candidate is responsible for

ling the following disclosure reports, itemizing contributions

or expenditures of more than

$100

ÖÖ Monthly ReportsMonthly Reports — due no later than the second

business day of the following month and must

include all reportable transactions for the previous

full month.

ÖÖ Weekly ReportsWeekly Reports — due on the Monday of the

following week for each of the four (4) weeks before

the election date. For reporting purposes, a week is

dened as running from a Saturday to a Friday.

ÖÖ Daily ReportsDaily Reports — beginning on the eighth day prior

to the election, daily reports are due for principal

campaign committees and PACs that receive or

spend

$5,000

or more on that day with a view toward

inuencing the election. [§ 17-5-8(a)(3)] To clarify,

daily reports would only be due on those days that

the

$5,000

daily threshold is met. Daily reports do Daily reports do

not apply to circuit, district, county, and municipal not apply to circuit, district, county, and municipal

candidates.candidates.

ÖÖ Major Contribution ReportMajor Contribution Report. . — Principal campaign

committees and PACs must le a report disclosing

the receipt of any single contribution of

$20,000

more within

two (2) business days

of receiving the

contribution if the contribution has not already been

reported in a nance disclosure report.

Summary of Contributions and Expenditures:

This FCPA form must be signed by the candidate

or elected ofcial and notarized. However, for

electronically led reports, the form is electronically

signed and does not require notarization.

Cash Contributions

: The FCPA requires that

cash contributions of more than $100 be itemized.

If they choose to do so, candidates may itemize

contributions of $100 or less, but this is not

required by law. However, if contributions of $100

or less are not itemized, the law does require that

they be totaled and reported. They may be reported

as “non-itemized” contributions on FORM 1FORM 1.

As mentioned earlier, some type of campaign

bookkeeping system should be used to track

contributors making small donations of $100 or

less per contribution. If the combined contributions

from any one contributor total more than $100, an

itemized entry on FORM 2FORM 2 is then required.

For purposes of reporting contributions, the date of

receipt of a contribution shall be the rst date the

recipient of the contribution is able to make use of

the contribution. In the case of a contribution in the

form of a check, the date of the receipt is the earlier

of: 1) ten (10) days from the date that the check came

within the recipient’s control; or 2) the date that the

check was deposited into the recipient’s account.

[§ 17-5-2(a)(3)(c)]

A political action committee and a principal campaign

committee shall maintain a checking account, money

market account, or other similar banking account.

(§ 17-5-6)

In-kind Contributions

: An “in-kind” contribution

is made when equipment, furniture, ofce space,

or some other item of value other than money is

contributed or used. A reasonable market value

should be listed. In-kind contributions do not affect

the committee account balance.

Form 1:Form 1:

Form 2:Form 2:

Form 3:Form 3:

FCPA REPORT FORMS (FORMS 1-6)FCPA REPORT FORMS (FORMS 1-6)

Receipts from Other Sources

: Receipts from other

sources are usually funds received through interest

payments on a political committee bank account,

loans made to the committee, or refunds and returned

contributions to the committee.

Expenditures

: The FCPA requires that

expenditures of more than $100 be itemized.

Candidates may itemize expenditures of $100 or

less, but this is not required by law. However, if the

expenditures of $100 or less are not itemized, the law

does require that they be totaled and reported. They

may be reported as “non-itemized” expenditures on

FORM 1.FORM 1.

As with contributions, some type of campaign

bookkeeping system should be used to track small

expenditures. If expenditures to the same vendor

total more than $100, an itemized entry on FORM 5FORM 5

is then required.

For purposes of reporting expenditures, the date

an expenditure is made is the date the instrument

authorizes the expenditure. In the case of an

expenditure made by check or electronic payment,

the date of expenditure is the date of the check or

electronic payment. [§ 17-5-2(a)(7)(c)]

No expenditure of funds may be made by any such

committee except by check drawn on such account,

electronic transfer from such account, a credit card,

the balance of which is paid from such account, or

petty cash fund from which it may make expenditures

not in excess of $100 to any person in connection

with a single purchase transaction. (§ 17-5-6)

Form 4:Form 4:

Form 5:Form 5:

Form 6:Form 6:

Expenditures on Line of Credit: Committees may

utilize a credit card or other line of credit to pay for

expenditures, the balance of which must be paid

from the committee checking account, money market

account, or other similar banking account. (§ 17-5-6)

ANNUAL REPORTANNUAL REPORT

The FCPA requires PACs, candidates, and elected ofcials

to le an ANNUAL REPORTANNUAL REPORT by January 31

, which covers all

contributions and expenditures for the campaign committee

for the preceding calendar year. Each principal campaign

committee, PAC, and elected state and local ofcial who has not

closed their committee shall annually le with the Secretary of

State or judge of probate for municipal candidates. [§ 17-5-

8(b)]

Note: Persons who have been appointed to a public ofce

are not required to le an ANNUAL REPORTANNUAL REPORT until they become

a candidate by either running for the same ofce or another

ofce. Municipal candidates will begin ling reports with the

Secretary of State beginning on August 1, 2023.

The ANNUAL REPORTANNUAL REPORT is composed of the same forms as

the other FCPA disclosure reports discussed in the previous

section with one exception.

FORM 1FORM 1 of the disclosure reports is replaced by FORM 1AFORM 1A, ,

a form specically designed for the purposes of the ANNUAL ANNUAL

REPORT.REPORT. FORM 1AFORM 1A is designed with two (2) sections..

Section I

summarizes totals of contributions/expenditures

since the last ling.

In the itemized sections of the ANNUAL REPORT (FORMS ANNUAL REPORT (FORMS

2-6),2-6), candidates include those entries of more than $100 that

have been received or spent since the last itemized report.

Section II

is a summarysummary of contributions/expenditures

for January 1 – December 31 of the previous year.

Expenditures paid with a line of credit must be

entered on FORM 6FORM 6. These expenditures will not

affect the committee account balance. A debt total

must be entered on the applicable line on the ANNUAL ANNUAL

REPORT SUMMARY FORM 1AREPORT SUMMARY FORM 1A and must be updated

to reect any expenditures on line of credit and any

payments on the amount owed. Interest charges on

the line of credit balance must be entered on this

form.

The FCPA requires the Secretary of State and probate judges to

make led campaign nance reports available for public inspection

during regular ofce hours. All reports are also publicly available at

fcpa.alabamavotes.gov.

However, the law species that information copied from the

reports may not be sold or used by any political party or any political

committee to solicit contributions or for commercial purposes,

without the express written permission of the candidate or the

committee reporting such information. [§ 17-5-11(2)]

PUBLIC ACCESSPUBLIC ACCESS

Campaign Activities.Campaign Activities. The FCPA contains other provisions, in

addition to those dealing with campaign nance reporting. The

Ofce of the Secretary of State recommends a complete reading of

the act, which is contained in the Code of Alabama 1975, § 17-5-1

through § 17-5-21.

Prohibitions.Prohibitions. Candidates should note the statutes on conduct

that are contained in § 17-17-33 and § 17-17-34 of the Code of

Alabama. Among the prohibited activities are: making a contribution

in someone else’s name, buying votes, interfering with a person’s

right to freely cast a vote, soliciting money or anything of value by

physical force, job discrimination, nancial reprisal, or threats, or

fraudulently misrepresenting oneself as acting for a candidate. Other

sections of state law also address campaign behavior. See pages 20

through 24 for highlights of those statutes.

Other sections of state law also address campaign behavior. See

pages 19 through 23 for highlights of those statutes.

A Note for PACS.A Note for PACS. The Secretary of State shall have the authority

to dissolve any political action committee that has maintained a zero

(0) balance for one (1) calendar year. A certied letter will be sent

to any such committee. If no response is received after 90 days, the

Secretary of State may then terminate the committee. [§ 17-5-5(d)]

POINTS TO NOTEPOINTS TO NOTE

CHAPTER TWOCHAPTER TWO

CAMPAIGN FUNDS CAMPAIGN FUNDS

The FCPA has strict controls on the purposes for which a

candidate may solicit campaign funds, how the funds can be spent,

and when candidates can raise money. In the 2010 special legislative

session, the Legislature, through Act of Alabama 2010-765, enacted

new rules regarding from whom a candidate may receive funds and

to whom a candidate may make contributions.

Additionally, Act 2013-311 and Act 2015-495 revised a number

of provisions relating to fundraising and contribution limits.

1. 1. Limitations on Campaign CommitteesLimitations on Campaign Committees

It is unlawful for one candidate’s campaign committee to

contribute to another candidate’s campaign. However, a

candidate is permitted to conduct a transfer of anything of

value from one campaign committee to another campaign

committee when the committees are for the same person.

Political action committees (PACs) are permitted to make

contributions to principal campaign committees (PCCs).

[§ 17-5-15(b)]

State and local campaign committees are prohibited from

receiving more than $1,000 from a principal campaign

committee of a federal candidate. [§ 17-5-15.1(a)]

PACPAC

At-a-Glance Contribution GuideAt-a-Glance Contribution Guide**

*Note—this guide is for general illustrative purposes only.

Please refer to

Section 1

above for special circumstances.

PAC PAC

Political Action Committee

PCCPCC

Principal Campaign Committee

PACPAC

PCCPCC

FUNDRAISINGFUNDRAISING

The law states that a candidate may only accept campaign

contributions for three (3) purposes [§ 17-5-7(b)(1-4)],

namely to:

 Inuence the outcome of an election.

 Pay off a campaign debt or to reach the $1,000

qualifying threshold or both.

 Pay all expenses associated with an election

challenge, including quo warranto challenges.

Campaign funds, including excess funds left after the

election, may be spent only for the following purposes

[§ 17-5-7(a)(1-7)]:

 Expenditures of the campaign.

 Expenditures that are reasonably related to

performing the duties of the ofce held (does not

include personal and legislative living expenses).

 Donations to the State General Fund, the

Education Trust Fund, or equivalent county or

municipal funds.

 Donations to an organization to which a federal

income tax deduction is permitted under

subparagraph (A) of paragraph (1) of subsection

(b) of Section 170 of the Internal Revenue Code

of 1986, as amended, or any other charitable,

educational, or eleemosynary cause of Section 501

of Title 26 of the U.S. Code.

 Inaugural or transitional expenses. Warning: the

Ethics Act prohibits converting to personal use

contributions from an inaugural or transitional

fund. (§ 36-25-6)

 Donations to a legislative caucus organization

registered with the Clerk of the House, Secretary

of the Senate, or both in the case of a bicameral

caucus, which does not operate as a political

action committee. (§ 17-5-5.1)

 Legal fees and costs associated with any civil action,

2. 2. Accepting and Spending Campaign FundsAccepting and Spending Campaign Funds

Candidates may begin raising money twelve (12) months prior

to the election in which they intend to be on the ballot. However,

candidates for legislative and statewide ofces cannot

raise

money

while the Alabama Legislature is in session, except within 120 days

of a primary, primary runoff, or general election. These restrictions

do not apply to loans candidates make to their own committee. [§

17-5-7(b)(2)]

The fundraising prohibition does not affect expenditures.

Candidates may spend campaign funds more than twelve (12)

months prior to their election. State candidates may continue to

spend campaign funds while the Alabama Legislature is in session.

The fundraising prohibition does not apply to candidates for

county or city ofces. They may continue raising money when the

Legislature is in session.

State law limits state and local campaign committees from

receiving more than $1,000 from a principal campaign committee of

a federal candidate. [§ 17-5-15.1(a)]

FUNDRAISING PERIODFUNDRAISING PERIOD

CONTRIBUTION LIMITSCONTRIBUTION LIMITS

The FCPA permits a campaign committee, during a two-year

period beginning on the day after each general election and

ending on the day of the next regularly scheduled general

election, to pay qualifying fees to a political party and pay

up to a cumulative total of $5,000 to the political party

for any tickets to party functions, and state or local party

dues. Campaign committees for independent candidates

or write-in candidates can pay for similar expenses.

[§ 17-5-7(d)]

3. 3. Use of Excess Campaign Funds While in OfceUse of Excess Campaign Funds While in Ofce

criminal prosecution, or investigation related to

conduct reasonably related to performing the duties

of the ofce held.

Candidates should take particular note that the FCPA limits

the fundraising period to clear campaign debts up to 120 days after

the election. They are limited to raising only up to the amount of the

debt plus the entire amount of the qualifying fee for that ofce. (AG’s

Opinion 99-00090)

If no debt, candidates can only raise up to the entire amount of

the qualifying fee for that ofce.

All contributions received after the election to retire any debt

must be reported in the next regular report the campaign les:

“Under the FCPA, all contributions...by candidates,

their principal campaign committees, and other political

committees are to be reported regardless of the time when the

contributions are received.”

(AG’s Opinion 96-00120)

The FCPA prohibits a candidate or campaign nance committee

from accepting, soliciting, or receiving a contribution as a bribe or for

the intention of corruptly inuencing the ofcial actions of a public

ofcial or a candidate for public ofce. [§ 17-5-7(c)]

Act 2013-311 specically repealed previous statutes that limited

corporate contributions to $500 per candidate per election. [§ 17-5-

14(a)]

State law prohibits contributions, transfers of funds, or

expenditures to any political action committee, or 527 political

organization, from any political action committee, 527 political

organization, or a principal campaign committee. [§ 17-5-15(b)]

It also prohibits contributions from one campaign committee to

another campaign committee, except where an individual is giving

from their campaign committee for one ofce to their campaign

committee for another ofce. [§ 17-5-15(b)]

A utility regulated by the Alabama Public Service Commission

may not make any contribution to a candidate for the Public Service

Commission. [§ 17-5-14(c)]

CAMPAIGN DEBTCAMPAIGN DEBT

BRIBES AND CORRUPT INFLUENCEBRIBES AND CORRUPT INFLUENCE

Any person who intentionally violates the section that governs

how and when money can be raised is guilty, upon conviction, of a

Class B felony. [§§ 17-5-7, 17-5-19(c)] A Class B felony carries a

penalty of up to $30,000 and/or not less than 2 and not more than

20 years imprisonment. (§§ 13A-5-6, 13A-5-11)

In general, the statute of limitations for a violation of the Fair

Campaign Practices Act (Title 17, Chapter 5 of the Code of Alabama)

is 2 years from the commission of the offense. However, the statute

of limitations for a violation of § 17-5-7 is four (4) years. [§ 17-5-

19(e)]

Violators can be prosecuted by either a district attorney or the

Attorney General. [§ 17-5-19(d)]

PENALTYPENALTY

CHAPTER THREECHAPTER THREE

CAMPAIGN ADVERTISING CAMPAIGN ADVERTISING

The FCPA species that campaign advertising and

electioneering communications appearing in print, broadcast, and

electronic media must clearly and distinctly identify the entity

responsible for paying for the advertisement or electioneering

communication. [§ 17-5-12(a)]

Campaign literature and advertisements must carry this

information and broadcast materials must be identied at the

beginning, during, or the end of the radio or television spot. [§ 17-5-

12(a)]

Act 2011-697 created the denition of “electioneering

communication”. Electioneering communication involves any of the

following types of communication:

1. Any communication circulated through federally regulated

broadcast media;

2. Any mailing or other distribution;

3. Any electronic communication;

4. Any phone bank; or

5. Any publication. [§ 17-5-2(a)(6)]

These types of communication must also fulll all of the four

(4) following elements in order for them to meet the “electioneering

communication” denition:

1. Must contain the name or image of a candidate;

2. Made within 120 days of an election in which the candidate’s

name appears on the ballot;

3. The only reasonable conclusion from the presentation

and content of the communication is that it is intended to

inuence the outcome of the election; and

4. The expenditure exceeds $1,000. [§ 17-5-2(a)(6)]

Any person, including a candidate, who spends more than

$1,000

on an electioneering communication is required to le a disclosure

report. The report must identify the source or sources of the funds

used for the electioneering communication and the recipients of

expenditures related to the electioneering communication. [§ 17-5-

8(h)]

The FCPA does not give a specic format for wording the

disclaimer. However, the FCPA does state that political advertisements

or electioneering communication must clearly and distinctly

identify the entity responsible for paying for the advertisement or

electioneering communication. The disclaimer must also be displayed

on printed advertisements. Disclaimers for broadcasts must occur

at the beginning, during, or end of a radio or television spot, stating

that the communication was a paid advertisement and identifying

the paying entity. [§ 17-5-12(a)]

Such words as “paid advertisement by,” “paid for by,” and “paid

political ad” meet the requirements of the act; however, an advertiser

is not limited to just those phrases. The attorney general has advised

that:

“…words which indicate that the advertisement is a paid

political advertisement meet the requirements of the law.”

(AG’s

Opinion 94-00227)

In addition, the disclaimer must contain the identication of

the person, nonprot corporation, principal campaign committee,

or entity placing the ad. Under the FCPA, the term “identication”

means

full name and complete address.

[§ 17-5-2(a)(7)] The attorney

general has stated that a complete address includes the street or

post ofce box, city, and state. (AG’s Opinion 94-00227)

Refer to page 26 for sample illustrations of typical political

advertisements with disclaimers.

ELECTIONEERING COMMUNICATIONELECTIONEERING COMMUNICATION

DISCLOSURE REPORTSDISCLOSURE REPORTS

DISCLAIMER REQUIREMENTDISCLAIMER REQUIREMENT

ElectElect

John DoeJohn Doe

Paid for by the

Committee to Elect John Doe

PO Box 5551212

Inacounty, AL 99999

ElectElect

Jane Doe toJane Doe to

Public OfficePublic Office

Paid political advertisement by

Committee to Elect Jane Doe

PO Box 1212555

Ourfair City, Alabama 99999

Figure 1: Example of a political

advertisement with a disclaimer.

Figure 2: Example of a political

advertisement with a disclaimer.

1. Act of Alabama 2011-697 lists nine (9) types of paid political

advertisements and electioneering communications that

SAMPLE DISCLAIMER ADVERTISEMENTSSAMPLE DISCLAIMER ADVERTISEMENTS

DISCLAIMER EXCEPTIONSDISCLAIMER EXCEPTIONS

are excluded from the identication requirement. The

disclaimer requirements do not apply if the advertisement

is:

a. Designed to be worn by a person; [§ 17-5-12(b)(1)]

b. Placed as a paid link on an Internet website, if the

message does not exceed 200 characters in length, and

the link directs to another Internet website that has a

disclaimer; [§ 17-5-12(b)(2)]

c. Placed as a graphic or picture link where a disclaimer

is not practical due to the size of the picture, and the

link directs to another Internet website that has a

disclaimer; [§ 17-5-12(b)(3)]

d. Placed at no cost on an Internet website where there is

no cost to post content for public users; [§ 17-5-12(b)

(4)]

e. Placed on an unpaid prole account available to the

public without charge or a social networking website if

the source of the message is obvious from the content

or format of the message; [§ 17-5-12(b)(5)]

f. Distributed as a text message or other message via

Short Messages Service if the message does not exceed

200 characters in length or requires the recipient sign

up or opt in to receive it; [§ 17-5-12(b)(6)]

g. Connected with or included in a software application

where the user actively chooses to access the application

from or through a website that has a disclaimer; [§ 17-

5-12(b)(7)]

h. Sent by a third-party from or through a campaign

website that has a disclaimer; [§ 17-5-12(b)(8)]

i. Contained in or distributed through any other form of

technology where a disclaimer is not practical due to its

size or nature. [§ 17-5-12(b)(9)]

McIntyre v. Ohio Elections Commission

, 514 U.S. 334

(1995)

A U.S. Supreme Court ruling in

McIntyre v. Ohio Elections

Commission

seems to provide one very limited exception

for advertising identication. In that case, the court

upheld the right of an individual to distribute anonymous

leaets opposing a proposed school tax levy. However, the

impact on the FCPA disclaimer requirements is minimal.

Alabama’s Attorney General has written that the ruling:

“…is limited to individuals who distribute anonymous

written material (particularly leaets) in a non-

candidate election.”

(AG’s Opinion 95-00218)

In all other circumstances, the advertising must carry

identication.

The advertising disclaimer must be on all types of non-excluded

advertising, such as billboards, yard signs, bumper stickers, and

pencils.

Every automated or pre-recorded communication made through

an automated telephone dialing service (often referred to as a robocall)

must contain a clear notice at the end of the communication stating

that it is a paid political advertisement and identifying the person or

other entity that paid for the communication. [§ 17-5-16(b)]

The Attorney General or a district attorney may prosecute any

person who violates the FCPA. [§ 17-5-19(d)] Failure to comply

with the advertising requirements is a Class A misdemeanor and,

upon conviction, is subject to a ne of not more than $6,000 and/

or imprisonment of not more than one year. [§§ 13A-5-7, 13A-5-12,

17-5-19(a)]

APPLICATION OF DISCLAIMERAPPLICATION OF DISCLAIMER

ROBOCALL DISCLOSUREROBOCALL DISCLOSURE

PENALTYPENALTY

The FCPA requires that all campaign advertising must be clearly

marked. Another section of law, § 17-9-50, prohibits anyone from

campaigning within 30 feet of the polling place. Generally, that

distance is interpreted as 30 feet from the door of the building in

which the polling place is located. (AG’s Opinion 82-00113)

Candidates frequently ask if supporters may wear campaign

T-shirts or buttons when they go to the polling place to vote or when

campaign workers are asked to accompany a voter who has requested

assistance. There is no provision that specically prohibits an elector

from wearing campaign buttons, badges, or T-shirts while inside the

polling place to vote or assist another voter. (AG’s Opinion 93-00118)

Also, nothing prohibits a voter from taking a sample ballot into

the polling place, but a sample ballot should not be left in the polling

place.

It should be noted that poll watchers, who can be appointed by

the candidate or a political party, are prohibited from campaigning

while inside the polling place, and the Attorney General has held

that wearing buttons, badges, or T-shirts suggests, either directly

or indirectly, how a citizen should vote and therefore, constitutes

campaigning. (AG’s Opinions 93-00118 and 84-00020)

MISCELLANEOUS OFFENSESMISCELLANEOUS OFFENSES

SECTIONS 17-17-36 THROUGH 17-17-45SECTIONS 17-17-36 THROUGH 17-17-45

This section of law prohibits such illegal voting as casting more

than one ballot for the same ofce or knowingly attempting to vote

when not entitled to do so.

Citizens are prohibited from bribing or attempting to inuence

voters, buying or selling votes, altering or changing the vote of an

elector, or disturbing an elector on election day.

CAMPAIGN ADVERTISING CAMPAIGN ADVERTISING

AT THE POLLING PLACEAT THE POLLING PLACE

OTHER CODE SECTIONS OF INTERESTOTHER CODE SECTIONS OF INTEREST

A candidate convicted of bribing or attempting to inuence a

voter is not allowed to hold the ofce to which he or she was elected

for that term.

RIGHTS OF CITY, COUNTY, STATE EMPLOYEESRIGHTS OF CITY, COUNTY, STATE EMPLOYEES

SECTION 17-1-4SECTION 17-1-4

City, county, and state employees have the right to participate

in city, county, or state political activities to the same extent as

any other citizen of the state, including endorsing candidates and

contributing to campaigns. City, county, and state employees also

have the right to join local political clubs and organizations and state

and national political parties. They may also publicly support issues

of public welfare.

IMPROPER USE OF STATE PROPERTY, TIME, ETC.IMPROPER USE OF STATE PROPERTY, TIME, ETC.

FOR POLITICAL ACTIVITIES SECTION 17-17-5FOR POLITICAL ACTIVITIES SECTION 17-17-5

No state, county, or city employee shall use public funds,

property, or time for any political activity.

It is unlawful for any ofcer or public employee to solicit any

type of political campaign contributions from other employees who

work for the ofcer or employee in a subordinate capacity.

It is unlawful for an ofcer or public employee to coerce or

attempt to coerce a subordinate employee to work in a political

campaign or cause.

USE OF STATE-OWNED PROPERTYUSE OF STATE-OWNED PROPERTY

SECTIONS 36-12-60 THROUGH 36-12-64SECTIONS 36-12-60 THROUGH 36-12-64

It is unlawful for any state ofcer or employee to use or to permit

the use of any state-owned property including stationery, stamps,

ofce equipment, ofce supplies, or automobiles for political activity.

State employees are also prohibited from transporting campaign

literature in either a state vehicle or in a private vehicle while mileage

is being paid for by the state.

CHAPTER FOURCHAPTER FOUR

FREQUENTLY ASKED QUESTIONS FREQUENTLY ASKED QUESTIONS

The Elections Division receives many questions from

candidates regarding the FCPA and how it relates to a particular

situation or set of circumstances. The following is a discussion of

some of those questions that are asked most frequently.

Should you have a question that is not addressed in this section,

please contact the Elections Division for further assistance.

What is the difference between a “state ofce” and a “statewide What is the difference between a “state ofce” and a “statewide

ofce?”ofce?”

The term “state ofce” refers to any elected position that is

an ofcial in Alabama

state government

. The term includes

constitutional ofcers, legislative members, state school board

members, and circuit and district judges, to name a few. The

term does not include those positions in

county or municipal

government

, such as county commissioner, county school

board member, mayor, or city council member.

The term “statewide ofce” refers to any state ofce that is

elected in a statewide vote, such as Governor, Lieutenant

Governor, Secretary of State, Treasurer, and Attorney General,

to name a few.

“Statewide ofce” does not include any state ofces that are

elected by district, such as members of the Legislature, circuit

or district judges, or state school board members.

I am a candidate and have met the ling threshold for the I am a candidate and have met the ling threshold for the

ofce I want to hold. However, I do not have any opposition in ofce I want to hold. However, I do not have any opposition in

my election. Do I have to le a campaign nance report? my election. Do I have to le a campaign nance report?

Yes. All candidates who have reached the ling threshold must

le all campaign nance reports, even if the candidate has no

opposition.

Must I set up a separate bank account for my principal Must I set up a separate bank account for my principal

campaign committee?campaign committee?

Yes. The FCPA species that principal campaign committee

funds must be segregated and that there can be no commingling

of personal funds with campaign funds. (§ 17-5-6)

A political action committee and principal campaign committee

shall maintain a checking account, money market account,

or other similar banking account and shall deposit any

contributions received by such committee into such account.

No expenditure of funds may be made by any such committee

except by check drawn on such account, electronic transfer

from such account, a credit card the balance of which is paid

from such account, or out of a petty cash fund from which it

may make expenditures not in excess of $100 to any person in

connection with a single purchase transaction. (§ 17-5-6)

Am I allowed to campaign before qualifying as a candidate for Am I allowed to campaign before qualifying as a candidate for

an ofce?an ofce?

Alabama’s elections laws do not place a restriction on when

a candidate can begin campaigning for ofce. As a practical

matter, the FCPA provides that a campaign can raise or receive

funds only for a period of twelve (12) months prior to an election.

This restriction does not apply to a loan from a candidate to

their own campaign committee. [§ 17-5-7(b)(2)]

I am running for a federal ofce. Do I have to report under the I am running for a federal ofce. Do I have to report under the

FCPA?FCPA?

No. Alabama participates in the FEC State Filing Waiver

program that waives the requirement that campaign nance

reports led with the FEC also be led with the state election

ofce, provided that the state has an adequate system to serve

the public with electronic access to and duplication of reports

and statements.

Do I have to keep receipts for the expenditures made during Do I have to keep receipts for the expenditures made during

the campaign?the campaign?

Yes. The FCPA states that the political committee treasurer must

“each person to whom expenditures have been made...

within the calendar year in an aggregate amount

greater than $100.00, the amount, date and purpose

of each such expenditure…”

[§ 17-5-8(c)(7)]

This issue is also addressed in AG’s Opinion 95-00132 that

says:

“Several expenditures should not be lumped together

under a general heading of credit card expenses.”

If a candidate could legally enter only the name and full

identication of the credit card company, many expenditures of

more than $100 could be hidden.

Credit card expenditures to any person or entity in an aggregate

that exceeds $100 must be itemized on FORM 6FORM 6: Expenditures

on Line of Credit. Any payments to the credit card company

must be reported as an expenditure on FORM 5FORM 5.

Do I have to le an APPOINTMENT OF PRINCIPAL CAMPAIGN Do I have to le an APPOINTMENT OF PRINCIPAL CAMPAIGN

COMMITTEE form even if I do not reach the campaign nance COMMITTEE form even if I do not reach the campaign nance

contribution/expenditure threshold of $1,000?contribution/expenditure threshold of $1,000?

Yes. All candidates must le an APPOINTMENT OF PRINCIPAL APPOINTMENT OF PRINCIPAL

CAMPAIGN COMMITTEECAMPAIGN COMMITTEE form within ve (5) days of qualifying

(with a political party or as an independent candidate) or within

ve (5) days of reaching the campaign nance contribution/

expenditure threshold.

No. The FCPA requires itemization and identication (full

name and complete address) of:

I charge many of my campaign expenses on a credit card. I charge many of my campaign expenses on a credit card.

Can I itemize only the total amount I pay to the credit card Can I itemize only the total amount I pay to the credit card

company?company?

keep a receipted bill or canceled check for every expenditure

greater than $100 and for expenditures of $100 or less, if the

aggregate amount of such expenditures to the same person or

entity during a calendar year is greater than $100. The receipts

should be kept for a period of two (2) years from the date of the

expenditure.

I paid my qualifying fee out of my personal checking account. I paid my qualifying fee out of my personal checking account.

Does the qualifying fee go towards my ling threshold?Does the qualifying fee go towards my ling threshold?

Yes. In-kind contributions, money paid on behalf or for the

campaign from your personal checking account or credit card

and any money paid by someone else outside the campaign

account all go toward the ling threshold amount of $1,000.

Once the ling threshold has been met, you must continue ling

your campaign nance reports as long as you are a candidate or

on the ballot. All active committees must le an Annual Report

by January 31

of the succeeding year.

I currently have money in my campaign account from a I currently have money in my campaign account from a

previous election for the same ofce. I have not received any previous election for the same ofce. I have not received any

contributions, but I paid my qualifying fee and some other contributions, but I paid my qualifying fee and some other

campaign expenses in excess of $1,000 out of my campaign campaign expenses in excess of $1,000 out of my campaign

account. Do I have to start ling reports?account. Do I have to start ling reports?

Yes. You have met the threshold amount of $1,000. Once the

ling threshold has been crossed, you must continue ling your

campaign nance reports as long as you are a candidate or on

the ballot. All active committees must le an Annual Report

by January 31

of the succeeding year. When running for the

same ofce, you can use the same account in each election

cycle as long as the account remains active. Dissolving your

committee after an election will require that you open a new

account if you run for that ofce again.

I loaned my campaign committee $20,000. Is this considered I loaned my campaign committee $20,000. Is this considered

a major contribution? a major contribution?

Yes. Committees must disclose the receipt of any single

contribution of $20,000 or more within two (2) business days

of receiving the contribution; if this transaction is not already

included on a monthly, weekly, or daily report. [§ 17-5-8.1(c)]

The term “contribution” includes monetary contributions, in-

kind contributions, loans, and other transfers to the principal

campaign committee or political action committee.

Does the FCPA require that I put the address of my political Does the FCPA require that I put the address of my political

committee on a campaign button?committee on a campaign button?

§ 17-5-12(b)(1) provides that disclaimer requirements do not

apply if the advertisement is designed to be worn by a person.

If the campaign button is designed to be worn by a person, a

disclaimer is not required.

Is there any prohibition against my borrowing money from my Is there any prohibition against my borrowing money from my

campaign account, provided that I pay back the money plus campaign account, provided that I pay back the money plus

the prevailing rate of interest?the prevailing rate of interest?

The Ethics Act states in § 36-25-6:

“Contributions to an ofce holder, a candidate, or to

a public ofcial’s inaugural or transitional fund shall shall

not be converted to personal use.not be converted to personal use.”

The Ofce of the Secretary of State further believes that such

action is also prohibited by these sections:

§ 17-5-7(b)(1) of the FCPA —

“...a candidate, public ofcial, or principal campaign

committee may only accept, solicit, or receive

contributions: to inuence the outcome of an to inuence the outcome of an

election.election.”

Act 2013-311 specically amended the FCPA to authorize the

return or refund of any lawful campaign contribution. A refund

is permitted so long as the original contribution was reported

in an itemized manner and the refund is also itemized in a

report. [§ 17-5-7.1(a)] If the contribution is not deposited in

the committee’s bank account, it may be returned without any

reporting requirement. The new provision requires candidates

or PACs to refund or return any unlawful contribution within

ten (10) days of receipt. [§ 17-5-7.1(b)]

I received an unwanted, unsolicited check from a PAC, and I I received an unwanted, unsolicited check from a PAC, and I

returned it. Must I report that as a contribution?returned it. Must I report that as a contribution?

§ 17-5-7(a) of the FCPA —

“...A candidate, public ofcial, or treasurer

of a principal

campaign committee as dened in this chapter, may

only use campaign contributions, and any proceeds

from investing the contributions that are in excess

of any amount necessary to defray expenditures of

the candidates, public ofcial, or principal campaign

committee, for the following purposes:

1. Necessary and ordinary expenditures of the

campaign.

2. Expenditures that are reasonably related

to performing the duties of the ofce held. For

purposes of this section, expenditures that are

reasonably related to performing the duties of the

ofce held do not include personal and legislative

living expenses, as dened in this chapter.

3. Donations to the State General Fund, the

Education Trust Fund or equivalent county or

municipal funds.

4. Donations to an organization to which a

federal income tax deduction is permitted under

subparagraph (A) of paragraph (1) of subsection

(b) of Section 170 of the Internal Revenue Code

of 1986, as amended, or any other charitable,

educational, or eleemosynary cause of Section 501

of Title 26 of the U.S. Code.

“No public ofcial or public employee shall use or

cause to be used his or her ofcial position or ofce to

obtain personal gain for himself or herself, or family

member of the public employee or family member of the

public ofcial, or any business with which the person

is associated unless the use and gain are otherwise

specically authorized by law. Personal gain is

achieved when the public ofcial, public employee, or a

family member thereof receives, obtains, exerts control

over, or otherwise converts to personal use the object

constituting such personal gain.”

§ 36-25-5(a) of the Ethics Act —

I have several volunteers who work in my campaign. Must I have several volunteers who work in my campaign. Must

I assess a fair labor wage and report that as an in-kind I assess a fair labor wage and report that as an in-kind

contribution?contribution?

No. The FCPA lists several services that are not considered

contributions, including:

Ö Value of services provided by individuals who volunteer

I have several groups, such as the Young Republicans or the I have several groups, such as the Young Republicans or the

Democratic Women, who want to work in my campaign. May Democratic Women, who want to work in my campaign. May

I use campaign funds to donate to a group in return for its I use campaign funds to donate to a group in return for its

members’ help?members’ help?

No. A candidate may not transfer campaign funds to any

political action committee or 527 political organization,

which generally covers most political groups except county

and state parties, which are recognized as political action

committees under the FCPA. [§ 17-5-15(b)] Candidates can

only transfer funds to a political party, as a political action

committee, within the restrictions of § 17-5-7(d).

However, candidates are not prohibited from paying

individuals directly who assist with the campaign.

Yes. As with other candidates, the contributions or

expenditures must reach the ling threshold of $1,000 to trigger

the APPOINTMENT OF PRINCIPAL CAMPAIGN COMMITTEEAPPOINTMENT OF PRINCIPAL CAMPAIGN COMMITTEE

form and the reporting requirements. (AG’s Opinion 91-00084)

Does a write-in candidate have to comply with the FCPA?Does a write-in candidate have to comply with the FCPA?

5. Inaugural or transitional expenses.

6. Donations to a legislative caucus organization

registered under this chapter which does not

operate as a political action committee.

7. Legal fees and costs associated with any civil

action, criminal prosecution, or investigation related

to conduct reasonably related to performing the

duties of the ofce held.”

I am a member of the Alabama Legislature and am considering I am a member of the Alabama Legislature and am considering

renting an apartment in Montgomery. Can I pay the rental renting an apartment in Montgomery. Can I pay the rental

expense from my campaign account?expense from my campaign account?

No. The FCPA prohibits using campaign funds for personal

or legislative living expenses. The Act lists such prohibited

expenses as:

“Household supplies, personal clothing, tuition

payments, mortgage, rent, or utility payments for a

personal residence; admission to an entertainment

event or fees for a country club or social club, unless

tied to a specic campaign event or functions involving

constituents; and any other expense, excluding food

and beverages, that would exist irrespective of the

candidate’s campaign or duties as a legislator. Personal

and legislative living expenses shall not include

expenses for food, beverages, travel, or communication

incurred by the legislator in the performance of the

ofce held.”

[§ 17-5-2(a)(12)]

their time on behalf of a candidate.

Ö The use of real or personal property and the cost of

invitations, food, or beverages, voluntarily provided

by an individual to a candidate when the voluntary

personal service is on the individual’s residential or

business premises.

Ö Any unreimbursed payment for travel expenses made by

an individual who volunteered on behalf of a candidate.

Ö The amount spent by a state or local political party for

the preparation, display, mailing, or other distribution

of a printed slate card or sample ballot, or other printed

listing of two or more candidates for any public ofce.

(Note: this exemption does not extend to the costs

incurred by the committee when such a listing is placed

on broadcasting stations, or in newspapers, magazines,

or similar types of general public political advertising.)

Ö The value or cost of polling data and voter preference data

and information, if provided to a candidate or political

committee, unless the information was compiled with

the advance knowledge of and approval of the candidate

or the political committee. [§ 17-5-2(a)(3)(b)]

Yes. Under the

Harris v. Siegelman

federal court order, a voter

may request assistance from anyone other than those persons

prohibited by federal law. [700 F. Supp. 1083 (1988)] Federal

law prohibits assistance from the voter’s employer or an agent

of the employer or from an ofcer or agent of the voter’s union.

§ 17-9-13 was revised to incorporate this language and bring

the text of this section into compliance with the terms of

Harris

v. Siegelman

However, candidates should note that they may assist only if

the voter requests the help. The voter is then required to sign

the poll list in a designated column showing that assistance is

requested, and the person providing the assistance must also

sign the poll list. Additionally, candidates are not permitted to

witness absentee ballots unless the candidate is unopposed.

[§ 17-11-7(c)]

May a candidate assist a voter?May a candidate assist a voter?

Yes, provided that the individuals handing out the sample

ballots are at least 30 feet from the door of the building in

which the polling place is located. Also, individuals distributing

sample ballots should not in any manner attempt to intimidate

or harass voters. Voters may take marked sample ballots into

the polling place for personal use but should not leave them in

the polling place.

Is it legal to pass out sample ballots at the polling place?Is it legal to pass out sample ballots at the polling place?

That’s a question that must be addressed with the property

owner. Any enforcement of “no soliciting” would be between

the owner and an individual who wishes to campaign. (AG’s

Opinion 96-00306)

Can I pass out campaign materials on private property, such Can I pass out campaign materials on private property, such

as an apartment complex, if there is a “no soliciting” sign?as an apartment complex, if there is a “no soliciting” sign?

At the end of the campaign, what must I do to dispose of At the end of the campaign, what must I do to dispose of

campaign property?campaign property?

Property purchased by or contributed to a principal campaign

committee with a value of $500 or more shall be liquidated at

fair market value or donated to a qualied entity not more than

120 days following the election. Any funds generated by the

liquidation of the property shall be deposited in the candidate’s

principal campaign committee account. [§ 17-5-7.2(a)]

Property purchased by or contributed to a principal campaign

committee that can be used by the person in the performance

of their duties of the ofce they were elected to hold need not be

liquidated as long as they hold ofce. [§ 17-5-7.2(b)]

Are there any additional requirements for running for ofce?Are there any additional requirements for running for ofce?

Some ofces, such as county superintendent, may require

additional documents to be led when you qualify to run.

Please check the Code of Alabama, 1975, or visit our website,

sos.alabama.gov, for more information. You may also contact

your local party chair to make sure that you have all of the

necessary paperwork.

Judicial candidates should also remember to le their

“Statement of Economic Interests” with both the Ethics

Commission and and the Clerk of the Alabama Supreme

Court.

How do I report campaign travel?How do I report campaign travel?

The mileage traveled for campaign purposes needs to be

reported. Please contact the Alabama Department of Finance

for the current mileage reimbursement rate. Fuel transactions

are only reported if using a designated campaign vehicle.

How do I change the committee members I have listed for my How do I change the committee members I have listed for my

campaign?campaign?

You can change any information associated with your

committee members by logging into your FCPA account. Click

on the “Administration” tab and then you will see an option to

update the committee registration.

I lost, do I still need to le an annual report?I lost, do I still need to le an annual report?

Any committee that is not closed must le an annual report

no later than January 31st of each year. If your committee

remains open through December 31st after the election, then

you must le the annual report.

CHAPTER FIVECHAPTER FIVE

ELECTED OFFICIALS ELECTED OFFICIALS

The Secretary of State congratulates each candidate who wins

their election! Before getting immersed in the details of the job, each

elected ofcial should take a few minutes to note the information in

this chapter.

Certain state and county ofcials must be commissioned by

the Secretary of State and Governor before assuming ofce. County

ofcials who meet certain requirements may also receive commissions.

For more information, please consult § 36-2-6.

The law dictates what documents must be led and where for

obtaining a commission. Generally, an elected ofcial must le an

oath and/or a bond at the state or county level, depending upon

the ofce. County ofcials must also have a certication from their

probate judge. The law requires the Ofce of the Secretary of State

to charge everyone a $5 commissioning fee.

Information packets providing the specic requirements for

each ofce are available from the Government Support Division in

the Ofce of the Secretary of State. You may contact the Government

Support Division at (334) 242-7224.

FCPAFCPA

All elected ofcials who have not closed their principal campaign

committee must le an ANNUAL REPORTANNUAL REPORT by January 31

each

year, even if they have had no activity. [§ 17-5-8(b)] Remember, an

ANNUAL REPORTANNUAL REPORT is due not just for the year you are elected but for

every year you are in ofce if your principal campaign committee has

not been closed.

COMMISSIONSCOMMISSIONS

FILING REQUIREMENTSFILING REQUIREMENTS

STATEMENT OF ECONOMIC INTERESTSSTATEMENT OF ECONOMIC INTERESTS

All elected ofcials must le a STATEMENT OF ECONOMIC STATEMENT OF ECONOMIC

INTERESTSINTERESTS with the Ethics Commission every year by April 30

For more information, contact the State Ethics Commission at (334)

242-2997.

JUDICIAL REPORTSJUDICIAL REPORTS

Judges have additional requirements and should consult

Canons 6C and 7 of the Canons of Judicial Ethics relating to ling

requirements and campaign conduct in general.

The requirement previously set forth in § 12-24-2(a) to le a

statement of disclosure two (2) weeks prior to the commencement

of the term of ofce for any judge or justice was repealed during the

2014 legislative session.

No annual report is required to be led by a person who holds

ofce because they were appointed to serve the remainder of a term

vacated by another person, until the person serving has created a

principal campaign committee. [§ 17-5-8(b)]

APPENDIX AAPPENDIX A

INDEPENDENT CANDIDACY INDEPENDENT CANDIDACY

FEDERAL CANDIDATESFEDERAL CANDIDATES

STATE OR COUNTY CANDIDATESSTATE OR COUNTY CANDIDATES

Those not qualifying through a political party may obtain ballot

access by submitting a petition on or before 5 PM on the date of the

statewide primary election. [§ 17-9-3(a)(3)] In 2022, the statewide

primary is scheduled for May 24

The petition must contain the required number of signatures

of registered voters in the jurisdiction in which ballot access is

sought (i.e., statewide, countywide, a district). The petition must be

submitted to the Secretary of State, if seeking a state or federal ofce,

or to the probate judge for a county ofce.

The appropriate election ofcial will then verify the petition

signatures and subsequently notify the petitioner as to whether they

gained ballot access.

No qualifying fee is required.

A congressional candidate must submit a petition with enough

signatures to meet or to exceed three percent of the qualied electors

who cast ballots for the ofce of governor in the last general election

for the district in which they are running. [§ 17-9-3(a)(3)] For the

number of signatures needed in each district, call the Ofce of the

Secretary of State’s Elections Division at (334) 242-7210. Candidates

seeking a U.S. Senate seat would need the number of signatures for

statewide candidacy.

The number of signatures on the petition must equal or exceed

at least three (3) percent of the qualied electors who cast ballots for

SIGNATURESSIGNATURES

the ofce of governor in the last general election in the statewide,

county, district, or other political subdivision for which they are

seeking ballot access. For the number of signatures needed for

a particular state ofce, call the Ofce of the Secretary of State’s

Elections Division at (334) 242-7210. For the number of signatures

needed for a particular county ofce, call the judge of probate in the

county in which the ofce is located.

Independent candidates, except for federal candidates, should

be aware of their obligation to le an APPOINTMENT OF PRINCIPAL

CAMPAIGN COMMITTEE form at the time they submit their petition

or within ve (5) days of exceeding the monetary threshold amount

set forth by the FCPA. Act 2013-311 established a uniform $1,000

threshold amount for all candidates in all races throughout the state.

Independent candidates must le a STATEMENT OF

ECONOMIC INTERESTS with the State Ethics Commission no more

than ve (5) days after the date they le the ballot access petition

to be a candidate. For information on ling the STATEMENT OF

ECONOMIC INTERESTS, call the Alabama Ethics Commission at

(334) 242-2997 or visit its website at www.ethics.alabama.gov.

A sample petition is available from the Secretary of State’s ofce.

It may be downloaded from the website at alabamavotes.gov. The

sample petition may be photocopied.

FAIR CAMPAIGN PRACTICES ACTFAIR CAMPAIGN PRACTICES ACT

ETHICSETHICS

PETITION REQUIREMENTS & SUGGESTIONSPETITION REQUIREMENTS & SUGGESTIONS

Each petition must include the following information:

Ö A statement that includes the name of the independent

candidate, the date of the general election for which ballot

access is sought, and the name of the ofce sought, including

district number, if applicable. Petitions for the establishment

of independent candidacy in a special election shall not be

required to include the date of the special election at the top

of each page. [Ala. Admin. Code, Rule 820-2-4-.05(1)];

Ö Numbered pages;

Ö Requested information for each person signing, which

includes: name, residential address, date of birth and

signature. A signature is required but shall not be deemed

invalid for lacking any portion of the requested information

if the disclosed information is sufcient for determining the

validity of the signature and that the voter is a qualied

elector for the jurisdiction the petition covers.

The following are suggestions for the petition:

Ö Have the voter sign in ink and write legibly.

Ö Obtain signatures in excess of required number, as some

signatures may not be valid or identiable.

Ö Keep a copy of the petition.

APPENDIX BAPPENDIX B

CHANGES IN LAW CHANGES IN LAW

ACT OF ALABAMA 2019-318ACT OF ALABAMA 2019-318

In the 2019 session, the Alabama Legislature approved House

Bill 247. The bill was signed by Governor Kay Ivey on May 29, 2019

and subsequently assigned Act number 2019-318.

Act 2019-318 changes the date of the statewide primary from

the rst Tuesday in June to the fourth Tuesday in May. The Act

also changes the date of the runoff election from six (6) weeks after

the primary to four (4) weeks after the primary. The presidential

preference primary will still be held on the rst Tuesday in March

and in years in which a presidential preference primary is held, the

statewide primary will be held at the same time.

ACT OF ALABAMA 2019-529ACT OF ALABAMA 2019-529

In the 2019 session, the Alabama Legislature approved House

Bill 259. The bill was signed by Governor Kay Ivey on June 10, 2019

and subsequently assigned Act number 2019-529.

Act 2019-529 allows candidates to submit their Statement of

Economic Interests with the Ethics Commission no more than ve (5)

days after the candidate qualies with a party or les ballot access

petitions with the appropriate election ofcial.

ACT OF ALABAMA 2021-157ACT OF ALABAMA 2021-157

In the 2021 session, the Alabama Legislature approved Senate

Bill 119. The bill was signed by Governor Kay Ivey on April 7, 2021

and subsequently assigned Act number 2021-157.

Act 2021-157 changes the date of regular municipal elections

that were originally scheduled to occur in 2024 to 2025. This law

does not affect municipalities that have a different election date set

by statute.

The effective date of Act 2021-164 is January 1, 2022.

ACT OF ALABAMA 2021-164ACT OF ALABAMA 2021-164

In the 2021 session, the Alabama Legislature approved Senate

Bill 31. The bill was signed by Governor Kay Ivey on April 6, 2021

and subsequently assigned Act number 2021-164.

Act 2021-164 changes the period for runoff elections to be four

(4) weeks after the primary election for all special and municipal

elections.

The effective date of Act 2021-164 is January 1, 2022.

ACT OF ALABAMA 2021-314ACT OF ALABAMA 2021-314

In the 2021 session, the Alabama Legislature approved House

Bill 154. The bill was signed by Governor Kay Ivey on April 29, 2021

and subsequently assigned Act number 2021-314.

Act 2021-314 requires candidates for municipal ofce to le

campaign nance reports with the Secretary of State’s Ofce. All

lings must be done electronically.

The effective date of Act 2021-314 is August 1, 2023.

APPENDIX CAPPENDIX C

ONLINE FILING SYSTEM ONLINE FILING SYSTEM

QUICK OVERVIEWQUICK OVERVIEW

ONLINE SYSTEM REGISTRATIONONLINE SYSTEM REGISTRATION

1. Go to fcpa.alabamavotes.gov.

2. Select the appropriate registration for your committee type.

Candidates will click on the red “Candidate Committee Registration”

button. PACs will click on the red “Political Action Committee

Registration” button.

3. e Appointment of Principal Campaign Committee (PCC for

candidates) or Statement of Organization (for PACs) will open. Please

enter the date, then complete the required committee information.

4. Once the information has been entered, click the red “Submit”

button at the bottom right corner of the page.

5. e screen will indicate “Your registration has been submitted.”

Click on the “**Click here to view and print a copy of this ling**”

link.

6. Print and sign the completed form. Every committee member must

sign the completed form. Make a copy of the signed form for your

records.

7. Mail the original signed form to: ELECTIONS DIVISION,

ALABAMA SECRETARY OF STATE, P. O. BOX 5616,

MONTGOMERY, AL 36103-5616.

8. Once the original signed Appointment of Principal Campaign

Committee Form or Statement of Organization is received and

approved, the account will be activated. e committee members will

each receive login credentials (username and pin) in two (2) separate

emails.

Note: if an FCPA report is due within ve (5) days, an emergency

activation can be granted. In this circumstance, a committee should

call the Elections Division at (334) 242-7210 and then fax a signed

copy of the committee registration document to (334) 242-2444. Once

received, the account can be activated immediately. However, the

signed original committee registration document should be mailed to

the Elections Division on the same day.

ONLINE FILING SYSTEMONLINE FILING SYSTEM

e FCPA online ling system is operated by the use of a series of

tabbed topic sections located at the top of the screen. is guide

will give an overview of the contents within each section, as well as

a brief description regarding the most frequently used functions in

the individual tabbed sections. For special circumstances or specic

guidance, please call the Elections Division at (334) 242-7210 or (800)

274-8683. To reach the FCPA ling system HELP DESK, call (888)

864-8910.

1. Overview Page

• Account Status—gives an overview of account ending balance and

pending transaction balances

• Transaction History Overview—gives an overview of ending

balances by transaction

• Reports Due—lists upcoming reports with the function to view

and le sequential reports

• Document Images—contains function to save report images and

add supplemental documents

2. Transactions Tab

A. Contributions/InKind

• Contribution History—listing of posted contributions with

the function to add new contributions or update existing

contributions

• Contribution Maintenance—contains function to search by

contributor and perform contributor informational changes

B. Other Receipts

• Receipt History—listing of posted receipts with the function to

add new receipts or update existing receipts (i.e., loans/interest/

other)

• Receipt Maintenance—contains function to search receipts and

perform receipt source informational changes

C. Expenditures

• Expenditure History—listing of posted expenditures, only used

for money spent out of the campaign account, with the function to

add new expenditures or update existing expenditures

• Payee Maintenance—contains function to search by payee and

perform payee informational changes

D. Transaction Search

• Transaction Search—contains function to quick-search posted

transactions

3. File Reports Page

• Filing History—listing of previously led reports with the

function to view and amend led reports

• Reports Due—lists upcoming reports with the function to view

and le sequential reports

• Supplemental Forms—contains function to submit the “Statement

of Dissolution”

4. Administration Page

• Committee—contains function to update or perform committee

informational changes

• Ocers—listing of current committee ocers with the function to

update or perform informational changes

• Campaign—contains function to add the ling schedule for an

election cycle

• Filing Schedule—listing of all reports for an election cycle

(includes all led reports and reports due)

• Import Data Files—contains function to import data les

AMENDING REPORTSAMENDING REPORTS

To amend a transaction that has been previously reported, go to

the corresponding “Transaction” tab and select the corresponding

transaction type (contribution, other receipt, or expenditure) from

the drop-down menu. Find the transaction that needs amending

in the Transaction History section of the correct transaction type

administration page. To update or delete a transaction, click on the

links to the right of the transaction. Once the transaction entry page

opens, correct the record and then click the red “Save” button on the

lower right corner of the screen.

To add any previously omitted transactions, click the “Add” button in

the corresponding transaction administration pages.

Make the necessary changes (additions, deletions, or updates) to

the transactions prior to amending the previously led reports.

en, click on the “File Reports” tab and locate the report that

needs to be amended in the “Filing History” section of the “Filing

Administration” page. Click on the “Amend” link for the report that

corresponds to your earliest made amendment. e preview of the

amended report will open. Please review the report. Once you are

satised that all necessary changes are reected in the report preview,

then click the red “File” button on the bottom right to submit the

amended report.

Important— e system will automatically amend any other

subsequent reports that were aected by an amendment to an

individual transaction. For this reason, it is important to amend the

reports in the order of the amended transactions.

PASSWORD RESETPASSWORD RESET

If a user is unable to access the account due to an expired or lost

PASSWORD/PIN, please call the Elections Division at

(334) 242-7210 or (800) 274-8683. To reach the FCPA ling system

HELP DESK, call (888) 864-8910.