Campaign Finance Reporting
Frequently Asked Questions
•
Who
must file campaign finance reports?
• What is a political committee? • What must a candidate or a political committee do first? • What if a candidate or political committee does not receive or spend very much money? • Does a candidate or political committee have to report contributions and expenditures? If so, when are they due? •
What if a candidate or political committee is not
involved in the regularly scheduled election?
For additional
information, please contact the City Clerk Department at 602-262-6837.
• What if a candidate or political committee fails to file a required report? • What happens if a candidate or political committee doesn't file after receiving the notice from the City Clerk? • What if circumstances prevent a candidate or political committee from filing a report when it was due or after the written notice of delinquency was delivered? • After the election must a candidate or political committee continue to file campaign finance reports? • When may a committee file a Termination Statement? • After filing a Termination Statement, does a candidate or political committee have to file any more reports? • Where is there more information on candidate and political committee finance reporting? Who must file campaign finance reports? Each political committee shall file campaign finance reports setting forth the committee's receipts and disbursements. A.R.S. § 16-913 RETURN TO TOP OF PAGE What is a political committee? A political committee is a candidate or any association or combination of persons that is organized, conducted or combined for the purpose of influencing the result of any election or to determine whether an individual will become a candidate for election, that engages in political activity in behalf of or against a candidate for election or retention or in support of or opposition to an initiative, referendum or recall or any other measure or proposition and that applies for a serial number and circulates petitions and, in the case of a candidate except those exempt pursuant to A.R.S. § 16-903, that receives contributions or makes expenditures in connection therewith. Examples of political committees may be found in A.R.S. § 16-901(19). Committees active in more than one jurisdiction in this state that meet the requirements of A.R.S. § 16-901 and § 16-902.01 may file a Statement of Organization with the Secretary of State and apply for status as a standing political committee. A standing political committee shall file a Statement of Organization with the Secretary of State and in each jurisdiction in which the committee is active, and only the Secretary of State shall issue an identification number for the committee. The Statement of Organization shall include a statement with the notarized signature of the chairman or treasurer of the standing political committee that declares the committee's status as a standing political committee. A.R.S. § 16-902.01 RETURN TO TOP OF PAGE What must a candidate or a political committee do first? Each candidate/political committee that intends to accept contributions or make expenditures of more than $500 shall file a Statement of Organization with the City Clerk before accepting contributions, making expenditures, distributing any campaign literature or circulating petitions. If any information reported on the Statement of Organization changes, the political committee shall file an amended Statement of Organization reporting the change within five business days after the change. A.R.S. §§ 16-902.01 and 16-903 RETURN TO TOP OF PAGE What if a candidate or political committee does not receive or spend very much money? Each candidate/political committee that intends to accept contributions or make expenditures of $500 or less shall file a signed Exemption Statement that states that intention before making any expenditures, accepting any contributions, distributing any campaign literature or circulating petitions. That committee is not required to file a Statement of Organization so long as the $500 limit is not exceeded. If that committee subsequently receives contributions or makes expenditures of more than $500, that committee shall file a Statement of Organization with the City Clerk within five business days after the exceeding the $500 limit. A.R.S. §§ 16-902.01 and 16-903 RETURN TO TOP OF PAGE Does a candidate or political committee have to report contributions and expenditures? If so, when are they due? In any calendar year during which there is a regularly scheduled election at which any candidates, measures, questions or propositions appear or may appear on the ballot, the political committee shall file each of the campaign finance reports required by A.R.S. § 16-913. Reporting and filing periods. In any calendar year in which there is no regularly scheduled election, the political committee shall file a report covering the period beginning the day after the closing date of the last report that was filed, and ending December 31. This report shall be filed no later than January 31 of the following calendar year. A.R.S. § 16-913 If a special or recall election is called, each committee must file the reports required by A.R.S. § 16-913 for a calendar year with a regularly scheduled election. Blank forms are available for download at http://phoenix.gov/CITYCLERK/campform.html. To request forms by mail, call the City Clerk Department at 602-262-6837. RETURN TO TOP OF PAGE What if a candidate or political committee is not involved in the regularly scheduled election? All reports required by A.R.S. § 16-913 must be filed by each candidate/political committee who has not terminated or filed an annual No Activity Statement pursuant to A.R.S. § 16-913(E), even if the candidate/committee is not involved in the scheduled election. RETURN TO TOP OF PAGE What if a candidate or political committee fails to file a required report? There are certain penalties that are prescribed in A.R.S. § 16-918 that will apply if there is a failure to file a required report. "Failure to File" exists if any of the following occurs:
A political committee, the candidate (candidate's committee) or the designating individual (exploratory committee) are subject to the penalties. Penalties include, but are not limited to, a mandatory penalty for late filing of $10 for each calendar day the report is late (including weekends and holidays) up to a maximum of $450. The City Clerk shall not accept a report for filing unless the mandatory penalties are paid with the report (A.R.S. § 16-918); therefore, the report should be filed as soon as possible to minimize the penalties owed. RETURN TO TOP OF PAGE What happens if a candidate or political committee doesn't file after receiving the notice from the City Clerk? If the report is not filed within 15 days after receiving the notice, the penalty increases to $25 per day, up to a maximum of $1000. This penalty is assessed by the City Attorney pursuant to A.R.S. § 16-924, which provides for notice and hearing. In addition to the enforcement actions prescribed by A.R.S. § 16-918, a person who was a candidate for nomination or election who after written notice failed to make and file a campaign finance report is not eligible to be a candidate for nomination or election to any local or state office for five years after the last failure to make and file a campaign finance report. RETURN TO TOP OF PAGE What if circumstances prevent a candidate or political committee from filing a report when it was due or after the written notice of delinquency was delivered? During the enforcement action, a candidate or committee required to file, who files late, may present a "Good cause" defense in writing to the City Clerk. "Good cause" is defined in A.R.S. § 16-918(E). The City Attorney will determine if "Good cause" exists pursuant to A.R.S. § 16-918(E). The City Clerk does not make this determination. If it is determined that "Good cause" exists the penalties paid when the report was filed will be returned. RETURN TO TOP OF PAGE After the election must a candidate or political committee continue to file campaign finance reports? Yes. Each committee must continue to file all reports as scheduled or required unless a Termination Statement has been filed. RETURN TO TOP OF PAGE When may a committee file a Termination Statement? A political committee may terminate only when the committee chairman and treasurer file a Termination Statement with the City Clerk certifying under penalty of perjury that it will no longer receive any contributions or make any disbursements, that the committee has no outstanding debts or obligations and that any surplus monies have been disposed of pursuant to A.R.S. § 16-915.01 together with a statement of the manner of disposition of the surplus, the name and address of each recipient of surplus monies and the date and amount of each disposition of surplus monies. A.R.S. § 16-914(A) A political committee, including a standing political committee, may terminate its activities in the city of Phoenix and remain active in other jurisdictions by attaching a statement to the committee's Termination Statement that is signed by the committee's chairman and treasurer, that attests to the intent to remain active in other jurisdictions and that contains a statement that the committee's remaining monies shall be used for activities in other jurisdictions. A.R.S. § 16-914(C) RETURN TO TOP OF PAGE After filing a Termination Statement, does a candidate or political committee have to file any more reports? No. After filing an appropriate Termination Statement, a political committee is not required to file any subsequent reports. However, the committee shall have no further receipts or disbursements without filing a new Statement of Organization. RETURN TO TOP OF PAGE Where is there more information on candidate and political committee finance reporting? For additional information, please refer to A.R.S. Title 16, Chapter 6.
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