Campaign finance requirements in Indiana
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State information |
Indiana campaign finance requirements govern the following:
- how much money candidates may receive from individuals and organizations,
- how much and how often they must report those contributions, and
- how much individuals, organizations and political parties may contribute to campaigns.
In addition to direct campaign contributions, campaign finance laws also apply to third-party organizations and nonprofit organizations that seek to influence elections through independent expenditures or issue advocacy.
Background
The Federal Election Commission (FEC) is the independent regulatory agency that administers and enforces federal campaign election laws. The FEC is responsible for disclosing campaign finance information, enforcing limits and prohibitions on contributions, and overseeing public funding of presidential elections.[1] According to the FEC, an individual becomes a federal candidate and must begin reporting campaign finances once he or she has either raised or spent $5,000 in his or her campaign. Within 15 days of this benchmark, the candidate must register with the FEC and designate an official campaign committee, which is responsible for the funds and expenditures of the campaign. This committee must have an official treasurer and cannot support any candidate but the one who registered it. Detailed financial reports are then made to the FEC every financial quarter after the individual is registered. Reports are also made before primaries and before the general election.[2]
The Supreme Court of the United States has issued a number of rulings pertaining to federal election campaign finance regulations. In the 2010 Citizens United v. Federal Election Commission decision, the court held that corporate funding of independent political broadcasts in candidate elections cannot be limited. The court's decision also overturned the ban on for-profit and not-for-profit corporations and unions broadcasting electioneering communications in the 30 days before a presidential primary and in the 60 days before a general election.[3] In the SpeechNOW.org v. Federal Election Commission decision, the first application of the Citizens United decision, the court held that contribution limits on what individuals could give to independent expenditure-only groups, and the amount these organizations could receive, were unconstitutional. Contribution limits on donations directly to candidates, however, remained unchanged.[4][5] In 2014's McCutcheon v. Federal Election Commission decision, the court overturned biennial aggregate campaign contribution limits, and held that individuals may contribute to as many federal candidates as they want, but may only contribute up to the federal limit in each case.[6]
While the FEC governs federal election campaigns and contribution limits, individual states enforce their own regulation and reporting requirements. Regulations vary by state, as do limits on campaign contributions and third-party activities to influence elections.
Contribution limits
The table below details contribution limits as they applied to various types of individuals and groups in Indiana as of May 2015. The uppermost row of the table indicates the contributor, while the leftmost column indicates the recipient.[7]
Indiana contribution limits as of May 2015 | |||||||||
---|---|---|---|---|---|---|---|---|---|
Individuals | Single candidate committees | PACs (state and federal) | Legislative caucus committees | Political party | Super PACs | Corporations | Unions | ||
Statewide candidate (e.g., governor) | unlimited | unlimited | unlimited | unlimited | unlimited | $0 | $5,000 | $5,000 | |
Senate candidate | unlimited | unlimited | unlimited | unlimited | unlimited | $0 | $2,000 | $2,000 | |
House candidate | unlimited | unlimited | unlimited | unlimited | unlimited | $0 | $2,000 | $2,000 | |
PAC | unlimited | unlimited | unlimited | unlimited | unlimited | $0 | unlimited | unlimited | |
Party committees | unlimited | unlimited | unlimited | unlimited | unlimited | $0 | $5,000 | $5,000 | |
Legislative caucus committees | unlimited | unlimited | unlimited | unlimited | unlimited | $0 | $2,000 | $2,000 | |
Ballot measures | unlimited | unlimited | unlimited | unlimited | unlimited | $0 | unlimited | unlimited | |
Sources: Campaign Finance Information Center, "Indiana Contribution Limits," accessed May 21, 2015 |
Candidate requirements
See statutes: Title 3, Article 9, Chapter 5 of the Indiana Code
Candidates seeking a federal office must file with the Federal Election Commission. Reporting details for federal candidates are not included in this section. Candidates seeking a state executive or legislative office must file with the Election Division of the Indiana Secretary of State's Office.[8] Different reports are required depending on office sought, as explained below.
Reporting requirements
Unless they are seeking an office with compensation equaling less than $5,000, all candidates seeking a state office in Indiana must file a Statement of Organization form (CFA-1 form) with the Election Division of the Indiana Secretary of State's Office. The Statement of Organization designates a principal campaign finance committee, naming a chairperson and treasurer who will be in charge of reporting campaign finances. A candidate may act as either or both positions. The Statement of Organization must be filed no later than noon (local prevailing time) 10 days after becoming a candidate or noon (local prevailing time) seven days after the final day to file as a candidate, whichever occurs first. An individual is considered a candidate when the individual, the individual's committee or a person acting with the consent of the individual receives contributions or makes expenditures in excess of $100.[8][9]
- Candidates seeking state executive office in Indiana, such as governor or treasurer, must file five quarterly reports (CFA-4 form) and supplemental reports (CFA-11 form) as needed with the Election Division of the Indiana Secretary of State's Office. These are all filed electronically.[8][9][10]
- The first Quarterly Report covers all financial activity from January 1 (or the first day a principal campaign finance committee is organized) to March 31 and is due at noon (local prevailing time) on April 15.
- The second Quarterly Report covers all financial activity from April 1 to June 30 and is due at noon (local prevailing time) on July 15.
- The third Quarterly Report covers all financial activity from July 1 to September 30 and is due at noon (local prevailing time) on October 15.
- The fourth Quarterly Report covers all financial activity from October 1 until the date 15 days prior to the general election. It is due by noon (local prevailing time) seven days before the general election.
- The Annual Report covers all financial activity starting on the date 14 days before the general election through December 31. It is due by noon (local prevailing time) on the third Wednesday in January following the election.
- Supplemental Reports must be filed within seven days of receiving a single contribution of $10,000 or more at any time or within 48 hours of receiving a total of $1,000 or more in multiple contributions during a supplemental reporting period. The four supplemental reporting periods are as follows: April 1 through April 15, July 1 through July 15, October 1 through October 15, and October 21 through noon on October 28.
- Candidates seeking office in the Indiana State Legislature must file three quarterly reports (CFA-4 form): a Pre-primary Report, a Pre-election Report and an Annual Report with the Election Division of the Indiana Secretary of State's Office. A Primary Election Supplemental Report and General Election Supplemental Report (CFA-11 form) may also be required. The Election Division of the Indiana Secretary of State's Office mails to the candidate the appropriate forms three weeks before the report is due.[8][9][10]
- Pre-primary Reports cover all financial activity starting January 1 (or the first day a principal campaign finance committee is organized) until 25 days before a primary election. These reports must be filed by noon (local prevailing time) seven days after the last day covered in the report.
- Pre-election Reports cover all financial activity starting 24 days before the primary election through 25 days before the general election and must be filed by noon (local prevailing time) seven days after the last day covered in the report. If a candidate is defeated at a primary or convention, withdraws, or is disqualified to run in the general election in any way, a Pre-election Report is not required. Instead, the Annual Report will cover the time period since the last report.
- Annual Reports cover all financial activity starting 24 days before the general election through December 31 of the election year. These must be filed by noon (local prevailing time) on the third Wednesday in January following the election.
- Supplemental Reports cover all financial activity 25 days before a convention, primary, or general election until two days before the convention, primary or general election. These must be filed only if a candidate’s committee receives a total of $1,000 or more in multiple contributions during a supplemental reporting period. The Supplemental Report must be filed within 48 hours of receiving such contributions. Those contributions must also be included on the next quarterly report.
- A minor party, independent or write-in candidate first files financial reports for the period starting on the day he or she becomes a candidate and ending 14 days after their nomination date or filing deadline. Reports must be filed with the Election Division of the Indiana Secretary of State's Office by noon (local prevailing time) seven days after the last date covered in the report.[8][9]
Additional reports that may need to be filed include the following:[8][9]
- Outgoing Treasurer's Reports (CFA-4 form) are needed if a committee appoints a new treasurer during an election year. These reports cover financial activity occurring from the day after the most recent report until the last day the individual acted as treasurer. These reports are filed by the former treasurer.
- Final/Disbanding Reports (CFA-4 form) must be filed if a committee disbands. These are due no later than 30 days after the disbanding and must cover financial activity occurring since the most recent report until the last day the committee existed.
Campaign finance legislation
The following is a list of recent campaign finance bills that have been introduced in or passed by the Indiana state legislature. To learn more about each of these bills, click the bill title. This information is provided by BillTrack50 and LegiScan.
Note: Due to the nature of the sorting process used to generate this list, some results may not be relevant to the topic. If no bills are displayed below, no legislation pertaining to this topic has been introduced in the legislature recently.
Election and campaign ballot measures
Ballotpedia has tracked 2 statewide ballot measures relating to elections and campaigns.
- Indiana Protect Right to Vote Act, Public Question 1 (1998)
- Indiana Governor and Lieutenant Governor Joint Campaign, Amendment 2 (1974)
- See also: Campaign finance agencies in Indiana and State election agencies
Candidates running for office may require some form of interaction with the following agencies:
Indiana Election Division:
- Why: This agency provides and processes most candidate forms and reports.
- 200 W. Washington St., Room 201
- Indianapolis, IN 46204
- Telephone: (317) 232-6531
- Fax: (317) 233-3283
- http://www.in.gov/sos/elections/index.htm
- 200 W. Washington St., Room 201
Indiana Ethics Commission:
- Why: This agency processes Statements of Economic Interest.
- Office of the Inspector General
- 315 West Ohio Street, Room 104
- Indianapolis, IN 46202
- Telephone: 317-232-3850
- Fax: 317-232-0707
- Email: info@ig.in.gov
- http://www.in.gov/ig/2335.htm
- Office of the Inspector General
Recent news
The link below is to the most recent stories in a Google news search for the terms Indiana campaign finance. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
Footnotes
- ↑ Federal Election Commission, "About the FEC," accessed June 27, 2012
- ↑ Federal Election Commission, "Candidate Registration Brochure," accessed December 7, 2012
- ↑ New York Times, "Justices, 5-4, Reject Corporate Spending Limit," January 21, 2010
- ↑ Federal Election Commission, "Speechnow.org v. FEC," April 7, 2014
- ↑ OpenSecrets, "Two Federal Court Rulings Could Change Campaign Finance Landscape," March 26, 2010
- ↑ Federal Election Commission, "Ongoing Litigation," accessed March 18, 2015
- ↑ Indiana Election Division, "2015 Indiana Campaign Finance Manual," accessed May 21, 2015
- ↑ 8.0 8.1 8.2 8.3 8.4 8.5 Indiana Secretary of State, "2014 Indiana Campaign Finance Manual," accessed December 18, 2014
- ↑ 9.0 9.1 9.2 9.3 9.4 Indiana Code, "Section 3-9-5, Reports Required of Candidates and Committees," accessed December 18, 2013
- ↑ 10.0 10.1 Indiana Secretary of State, "2014-2015 State of Indiana Campaign Finance Reporting Schedule," accessed December 18, 2013
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