CHAPTER 449
FORMERLY
SENATE BILL NO. 427
AS AMENDED BY
SENATE AMENDMENT NOS. 9, 13, AND 14
AND
HOUSE AMENDMENTS NO. 2, 1 TO 2, 3, 6, 1 TO 6, 7, AND 8
AN ACT TO AMEND CHAPTER 80, TITLE 15, DELAWARE CODE, RELATING TO CAMPAIGN CONTRIBUTIONS EXPENDITURES, AND TO AMEND CHAPTER 101, TITLE 29, DELAWARE CODE, RELATING ADMINISTRATIVE PROCEDURES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 80, Title 15, Delaware Code by striking said Chapter in entirety and inserting in lieu thereof new Chapter 80 to read as follows:
"CHAPTER 80. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES
SUBCHAPTER I. GENERAL PROVISIONS
§8001. Purpose.
The purpose of this Chapter is to protect the public interest by requiring full disclosure of the source of all funds used in political campaigns, providing reasonable limits on the amounts of contributions, and providing a manner to enforce this law.
§8002. Definitions.
As used in this chapter:
(a) "Candidate" means a person who seeks nomination for or election to public office, or who has taken action necessary under the law to qualify for nomination or election under the laws of the State, or has authorized the solicitation of any contribution or the making of any expenditure in his or her behalf.
(b) "Candidate committee" means each political committee formed on behalf of a candidate for public office.
(c) "Cash" includes currency, money orders, travelers checks and other negotiable instruments that do not disclose on their face the true name of the contributor.
(d) "Chapter" includes, in addition to the provisions of this chapter, the rules and regulations made by the Commissioner.
(e) "Commissioner" means the State Election Commissioner, or the designee of the Commissioner.
(f) "Contribution" means any advance, deposit, gift, expenditure or transfer, of money or any other thing of value, to or for the benefit of any candidate or political committee involved in an election, including without limitation any:
(1) Gift, subscription, advance, deposit, expenditure, or transfer of any thing of value;
(2) Discount or rebate not available to the general public (except a party's abatement or refund of a filing fee otherwise required under §3103 of this title),
(3) Loan (except a loan of money by a national or state bank, building and loan association or licensed lender made in the ordinary course of business),
(4) Purchase of tickets, goods or services sold to raise funds for a campaign, whether or not the tickets, goods or services are used by the buyer,
(5) Forgiveness of indebtedness or payment of indebtedness by another person,
(6) Service or use of property without full payment therefor (except the contribution of services by an individual, the use of an individual's residence, the contribution of such items as invitations, food and beverages by an individual volunteering personal services or the individual's residence, or the use of the telephone equipment of any person); or
(7) Any other thing of value (except an independent expenditure).
(g) "Election" means the action by qualified voters of the State either to nominate by vote a candidate for public office or to select a candidate to fill a public office, whether in a primary, general and special election.
(h) "Election Period" means:
(1) For a candidate committee:
(A) For a candidate for re-election to an office to which the candidate was elected in the most recent election held therefor, the period beginning on January 1 immediately after the most recent such election, and ending on the December 31 immediately after the general election at which the candidate seeks re-election to the office.
(B) For a candidate for re-election to an office which the candidate attained since the last election held therefor (whether the candidate attained the office by succession, appointment or otherwise), the period beginning on the day the candidate succeeded to or was appointed to the office, and ending on the December 31 immediately after the general election at which the candidate seeks re-election to the office.
(C) For a candidate for election to an office which the candidate does not hold, the period beginning on the day on which the candidate first receives any contribution from any person (other than from the candidate or from the candidate's spouse) in support of his or her candidacy for the office, and ending on the December 31 immediately after the general election at which the candidate seeks election to the office.
(D) Notwithstanding the foregoing, for purposes of the limitations under §8010 on contributions from persons other than political parties and political action committees, for a candidate in a general election who was nominated for such office in a primary election, the election period shall end on the day of the primary and the next election period shall begin on the day after the primary.
(2) For a political party and for a political action committee, the period beginning on the January 1 immediately after a general election, and ending on the December 31 immediately after the next general election.
(3) For a candidate committee for a person who does not hold public office and who has not taken action necessary under the law to qualify for nomination or election under the laws of the State, the period beginning on the date the first contribution is received or expenditure is made by the committee and ending on the fourth December 31 following such date; provided, however, that if such person takes action necessary under the law to qualify for nomination or election under the laws of the state, the period shall be determined under paragraph (1) of this subsection.
(4) For a person who makes independent expenditures, the election period shall begin and end at the same time as that of the candidate whose election is advocated or opposed by the independent expenditures, without regard to subparagraph 1(D) of this subsection.
(i) "Expenditure" means any payment made, or debt incurred by or on behalf of a candidate or political committee, or to assist in the election of any candidate, or in connection with any election campaign.
(J) "Independent Expenditure" means any expenditure made by any individual or other person (other than a candidate committee or a political party) expressly advocating the election or defeat of a clearly identified candidate which is made without cooperation or consultation with any candidate, or any committee or agent of such candidate, and which is not made in concert with, or at the request or suggestion of, any candidate or any committee or agent of such candidate.
(k) "Person" includes any individual, corporation, company, incorporated or unincorporated association, general or limited partnership, society, joint stock company, and any other organization or institution of any nature.
(1) "Political committee" means any organization or association, whether permanent or created for the purposes of a specific political campaign, which accepts contributions or makes expenditures for or against any candidate or candidates, and includes all political parties, political action committees, and any candidate committee.
(m) "Political action committee" means a political committee which is neither a political party nor a candidate committee.
(n) "Political party" means an organization eligible to be listed on any general election ballot under §3001 of this title, or any other organization which desires to be listed on any ballot on any election, and any constituent part of such party which receives contributions and makes expenditures. For purposes of the contribution limits of Subchapter II, a "political party" includes all constituent parts of such party, including the statewide, county, regional, municipal and district committees, all finance committees and all other committees, subdivisions and organizations related to the political party.
(o) "Public office" means an office of this State or any political subdivision thereof which is required by law to be determined by an election.
(p) "Treasurer" means the individual appointed by a candidate to assist the candidate with the duties imposed by this chapter.
§8003. Duties of a Candidate.
(a) A candidate shall establish a candidate committee. There shall only be one candidate committee for any candidate, although such candidate committee may have subcommittees. The candidate committee may continue in existence for more than one election period, and with respect to more than one elective office. Each candidate committee or subcommittee shall notify the Commissioner as required under §8005 of this Chapter, and shall comply with all the other requirements of this Chapter. A candidate shall be responsible for the lawful operation of his or her candidate committee and all subcommittees thereof.
(b) Except for independent expenditures that meet the requirements of this title, all contributions to or on behalf of a candidate shall be placed into the candidate committee, and all expenditures to or on behalf of a candidate shall be made from the candidate committee.
(c) A candidate shall cause his or her candidate committee to keep complete records of all contributions received and all expenditures made by or on behalf of his or her candidacy, and shall retain such records for three full years following the election in which he or she was a candidate; provided, however, that the candidate need not keep records of the names and mailing addresses of persons making contributions of $100 or less in an election period.
(d) A candidate shall file or cause to be filed with the Commissioner the reports required of his or her campaign committee under §8030 of this title.
(e) A candidate shall designate an individual as treasurer of his or her candidate committee, in order to assist with the duties under this chapter, but nothing shall relieve the candidate from the responsibility for keeping the records and filing the reports required by this chapter.
§8004. School Boards and Offices Paying Under $1,000.
(a) Notwithstanding anything provided elsewhere in this chapter, no candidate for election to any school board or to any other public office that pays less than $1,000 per year shall be required to form a candidate committee if he or she signs under penalty of perjury a statement in a form prepared by the Commissioner, certifying that such candidate does not intend nor expect that his or her campaign will receive nor spend, from the date of the first contribution or expenditure on behalf of such candidate's election until the end of the year in which the election for such office is held, more than $2,000. If notwithstanding the execution of such a statement, such candidate's campaign nevertheless receives more than $2,000 in contributions or expends more than $2,000 (including any contributions or expenditures by the candidate) before the end of the year in which the election for such office is held, the candidate shall within 7 days thereafter, so notify the Commissioner, and shall cause to be filed all reports that would otherwise have been required theretofore under this chapter.
(b) No candidate who has filed the statement in subsection (a) of this section shall be required to file any reports with the Commissioner; provided, however, that if such candidates campaign receives more than $2,000 in contributions or expends more than $2,000 (including any contributions or expenditures by the candidate) before the end of the year in which the election for such office is held, such committee shall, within 7 days thereafter, so notify the Commissioner and shall file all reports that would otherwise have been required theretofore under this chapter.
§8005. Duties of a Political Committee.
A political committee shall:
(a) No later than 7 days after it first receives any contribution or makes any expenditure, file a complete list of its officers with the Commissioner, one of whom shall be an individual named as its treasurer. A political committee must report any change in its officers within 7 days after such change becomes effective.
(b) Keep complete records of all contributions received and all expenditures made by or on behalf of the political committee, and shall retain such records for 3 full years following the election in connection with which the contributions and expenditures were made.
(c) File with the Commissioner a concise statement of its purposes or goals as a political committee.
(d) File with the Commissioner the reports required under this title.
§8006. Prohibitions.
(a) No person shall, directly or through any other person, solicit or promise any contract, any vote, any employment or other service, or any official action or lack of action, in connection with any contribution.
(b) No person shall make, and no candidate, treasurer or other person acting on behalf of a candidate or political committee shall knowingly accept a contribution made in a fictitious name or in the name of another person. No person shall make, and no candidate, treasurer or other person acting on behalf of a candidate or political committee shall knowingly accept a contribution whose donor's true name and address is not made known to the political committee that receives it.
SUBCHAPTER II. CONTRIBUTION LIMITS.
§8010. Contribution Limits for Candidates.
(a) No person (other than a political party) shall make, and no candidate, treasurer or anyone acting on behalf of any candidate or candidate committee shall accept, any contribution which will cause the total amount of such person's contributions to or In support of such candidate to exceed, with respect to a statewide election, $1200 during an election period, or with respect to any election that is not statewide, $600 during an election period.
(b) No political party shall make, and no candidate, treasurer or anyone acting on behalf of any candidate or candidate committee shall accept, any contribution which will cause the total amount of contributions from any political party to or in support of a candidate in an election period of such candidate to exceed, for the following offices: Governor $75,000; All other State Wide Offices $25,000; N.C.C. Executives $25,000; N.C.C. President $15,000; All other County Offices $5,000; State Senate $5,000; State House of Representatives $3,000; All other offices $3,000.
§8011. Contribution Limits for Parties.
No person shall make any contributions which will cause the total amount of such person's contributions to a political party to exceed $20,000 during an election period. No treasurer or other person acting on behalf of any political party shall accept any contribution which such person knows will cause the total amount of the donor's contributions to a political party to exceed $20,000 during an election period. The contribution limits set forth in this Chapter shall not be applicable to any contributions received by a political party from or on behalf of any national political party, any organization subordinate to such national political party or any other national political organization established for the purpose of supporting elections to national, state and local offices including but not limited to the Republican and Democratic Senatorial Campaign Committees, the Republican and Democratic Congressional Campaign Committees, the Republican and Democratic Victory Funds, the Republican and Democratic Governors' Associations.
§8012. Contribution Limits Generally.
(a) No person shall make -- and no candidate, treasurer or any other person acting on behalf of a political committee shall accept -- any contribution in excess of $50 in cash to a political committee during an election period.
(b) No political party shall make any contribution to any political action committee.
(c) Any contribution by a political action committee shall be by a check which discloses the full name and address of said political action committee.
(d) No agency of the State, no political subdivision of the State, no agency of any political subdivision of the State and no agency authorized by an Act of the General Assembly shall make any contribution to any political committee or candidate for any elective office. No candidate, treasurer or other person acting on behalf of a political committee shall accept any contribution from any agency of the State, any political subdivision of the State, any agency of any political subdivision of the State or any agency authorized by an Act of the General Assembly.
(e) A corporation, partnership or other entity (other than a political committee) which makes a contribution to a political committee shall notify such political committee in writing of the names and addresses of all persons who, directly or otherwise, own a legal or equitable interest of 50 percent or greater (whether in the form of stock ownership, percentage of partnership interest, liability for the debts of the entity, entitlement to the profits from the other entity or other indicia of interest) in such corporation, partnership or other entity, or that no such persons exist. The political committee may rely on such notification, and should the notification provided by the representative of the entity be inaccurate or misleading, the person or persons responsible for the notification, and not the political committee which received the contribution, shall be liable therefor. A ratable portion of the contribution by the corporation, partnership or other entity shall be deemed to be a contribution under this chapter to the political committee, by each such person who owns a 50 percent or greater interest in the entity, shall be included within the limit imposed by this section on individual contributions, and shall be so included in the reports filed by the candidate committee with the Commissioner under §8030 of this title.
(f) Any expenditure made by any political committee on behalf of or in connection with the campaign of any candidate (except an independent expenditure that meets the requirements of this title) shall be deemed a contribution under this chapter, shall be included within the limit imposed by §8010(a) of this Chapter on individual contributions, provided, however that such expenditures by political parties shall be Included within the limit imposed by section 8010(b) of this chapter on contributions by political parties, and shall be so included in the reports filed by the candidate committee with the Commissioner under §8030 of this title. Where such an expenditure by any political committee benefits more than one candidate, such expenditure shall be prorated among the candidates benefitted for purposes of the limits on contributions. For example, if a billboard depicts two candidates' names and likenesses with equal prominence, each candidate is benefitted equally by the expenditure for the billboard.
(g) For purposes of this chapter:
(1) Amounts paid by a political party to compensate individuals working on behalf of all of the candidates of the party, and amounts incurred on behalf of or in connection with 5 or more candidates shall not be deemed to be contributions to the candidates of such political party; and
(2) Any reimbursement paid by one political committee to another political committee for costs actually incurred by the other political committee on behalf of the political committee that makes the reimbursement shall not be deemed to be a contribution to such other political committee.
(3) If two or more candidate committees share the amount of any expenditure permitted under this chapter, no contribution is made, so long as the amounts respectively paid by the respective candidate committees reasonably reflects the amount of the use made by each candidate committee of goods or services for which the expenditure was made.
(4) Costs incurred by political parties for voter registration and get out the vote activities conducted by a political party shall not be considered contributions to any candidate.
SUBCHAPTER III. EXPENDITURES.
§8020. Authorized Campaign Expenditures.
No political committee may make any expenditure except for the following purposes:
(a) Wages of full-time or part-time campaign staff (but no salary nor wage for a candidate or a candidate's spouse);
(b) Travel expenses of the candidate and campaign staff;
(c) Payment of fees or charges for placing the name of the candidate on the ballot, and for collecting the returns of the election;
(d) Costs of telephone and other communications services;
(e) Costs of postage and other delivery services;
(f) Printing and stationery;
(g) Food, refreshments and related supplies;
(h) Purchase and preparation of lists of voters; (1) Taking polls and making canvasses of voters;
(j) Payment for election watchers;
(k) Rental of office and rental and purchase of equipment; (1) Advertising and publicity;
(m) In the case of a candidate committee, purchase of tickets to permit the candidate's attendance at civic or political events; and in the case of a political action committee, contributions within authorized limits, to any other political committee;
(n) Holding, promoting and furnishing meetings, demonstrations, conventions, and paying musicians and others rendering services thereto;
(o) Employing attorneys, accountants and other professional advisors.
(p) In the case of a candidate committee, contributions, within the limits set forth in section 8010(a) of this chapter, to another candidate committee, or as otherwise provided in §8022 of this chapter.
(q) In the case of a political party or a political action committee, contributions, within authorized limits, to a candidate committee.
(r) In the case of any political action committee, in addition to any wither expenditure authorized by this chapter, contributions to a political party within the limits set forth in section 8011 of this chapter.
§8021. Identification of Purchaser.
All campaign literature or advertising, except on items with a surface of less than 9 square inches, shall display prominently the statement: "Paid for by (Name of Political Committee or other person paying for such literature or advertising)."
§8022. Leftover Funds.
Any funds remaining in any political committee which has completed its activities and paid all its creditors shall be paid to a successor committee or committees without being subject to the contribution limits set forth in this chapter or shall be donated to any religious, charitable, educational or scientific organization exempt from Delaware income tax under 30 Del. C. §1902(b)(2) or to any volunteer fire company, and to no other person, except that an amount not in excess of the amount listed in §8011 of this title may be given to the political party eligible to be listed on any general election ballot under §3001 of this Title. For purposes of this section, the term 'successor committee' shall include any political committee, or committees, as that term is defined by section 8002(1) of this Chapter, provided however that where the successor committee is one other than a candidate committee formed to promote the election of the same candidate to a different office than that for which the candidate's original candidate committee was formed, the contribution limits set forth in this Chapter shall apply.
§8023. Independent Expenditures.
(a) All campaign literature, advertising (except on items with a surface of less than 9 square inches) or other message paid for by independent expenditures shall prominently and at all times display the following statement: "Paid for by (name of person paying for the literature, advertising or other message). Not authorized nor paid for by any candidate or by any committee of any candidate. The cost of presenting this message is not subject to any campaign contribution limits." If the independent expenditure is made or reimbursed by a political action committee or other person other than an individual, the names of the president (or other chief officer) and treasurer of such organization shall be prominently displayed with the rest of the above statement.
(b) An expenditure shall constitute an expenditure in coordination, consultation or concert with a candidate and shall not constitute an independent expenditure where:
(1) there is any arrangement, coordination or direction with respect to the expenditure between the candidate or the candidate's agent and the person (including any officer, director, employee or agent of such person) making the expenditure;
(2) the person making the expenditure (including any officer, director,
employee or agent of such person) has advised, or counseled the candidate or the candidate's agents on the candidate's plans, projects or needs relating to the candidate's pursuit of nomination or election, in the same election period, including any advice relating to the candidate's decision to seek office;
(3) the expenditure is based on information provided to the person making the expenditure directly or indirectly by the candidate or the candidate's agents about the candidate's plans, projects or needs, provided that the candidate or the candidate's agent is aware that the other person has made or is planning to make expenditures advocating the candidate's election.
SUBCHAPTER IV. PUBLIC DISCLOSURE.
§8030. Reports of Political Committees.
(a) Each candidate (except a candidate who is excused from filing a report under §8004) and every treasurer (except of a candidate excused from filing a report under §8004) shall be responsible for filing with the Commissioner reports of contributions and expenditures on forms prescribed by the Commissioner for every reporting period during which a political committee is in existence. A candidate shall be jointly responsible with the treasurer for the filing of the report of a candidate committee.
(b) A reporting period shall begin on the day after the previous reporting period (except that for a newly—formed committee, the reporting period begins on the date the first contribution is received or expenditure made by or on behalf of such committee) and shall end on the following dates:
(1) December 31 of every year, before or after an election, from the time the committee receives its first contribution or makes its first expenditure, until and including the year in which contributions and expenditures are balanced and the political committee terminates;
(2) 20 days before any election (except for committees of candidates not on the ballot at such election).
(c) Each report required by this section shall be filed by the political committee and received by the Commissioner by 4:30 p.m. of the second day after the end of the reporting period which is not a state holiday under Title 1, Chapter 5.
(d) Each report under this section shall disclose all of the following information, for the entire reporting period:
(1) Amount of cash and other intangible assets on hand at the beginning of the reporting period;
(2) Full name and mailing address of each person who has made contributions to such political committee (including the purchase of tickets for events such as dinners, luncheons, rallies and similar fund-raising events, whether or not the tickets were used by the person who paid for them) during the election period in an aggregate amount or value in excess of $100, the total of all contributions from such person during the election period, and the amount and date of all contributions from such person during the reporting period;
(3) Total of contributions made to such political committee during the reporting period and not reported under paragraph (2);
(4) Name and address of each political committee from which the political committee received, or to which the political committee made, any transfer of funds, together with the amounts and dates of all transfers, no matter what the amount;
(5) The amount of each debt in excess of $50, owed to or owing by such political committee at the end of the reporting period, the full names and mailing addresses of any lender, borrower and endorser of such debt, the date and the interest rate of such loan, and a description of any security given therefor;
(6) Total amount of proceeds from:
(A) sale of tickets to each reception, meal, rally or other fund-raising event;
(B) collections made at such events; and
(C) sales of items such as campaign pins, buttons, badges, and similar materials; provided, however, that all payments and contributions by any person, whether as gifts, as purchases of tickets or other goods or services, or partially as gifts and partially as purchases, by any person during any election period, shall be aggregated and, if such aggregate total exceeds $50 during such election period, shall be reported under paragraph (2) of this subsection,
(7) Each contribution or other receipt in excess of $100 not otherwise listed under paragraphs (2) through (6) of this section;
(8) Total receipts by such political committee or candidate during the reporting period;
(9) Full name and mailing address of each person to whom any expenditure has been made by such political committee during the reporting period in an aggregate amount in excess of $100, the amount, date and purpose of each such expenditure and the name of, and office sought by, each candidate on whose behalf such expenditure was made;
(10) Total expenditures made by such political committee or candidate in connection with such campaign; and
(11) All goods and services that are contributed in kind, or at no charge or at a cost less than fair market value (except for services excluded from the definition of "contribution" under §8002) to the extent that the fair market value, less any amount paid by the candidate or committee, exceeds $100.
(e) The reports required to be filed by this section shall be cumulative for the election period to which they relate, but where there has been no change in an item previously reported, only the amount need be carried forward.
(f) Each statement shall be accompanied by an affidavit verified by the candidate or the treasurer of the political committee, which states as follows:
"I solemnly swear [or affirm] that the foregoing statement is in every respect true and correct, and discloses all contributions received and expenditures required by me under Title 15, Chapter 80 of the Delaware Code."
§8031. Reports of Independent Expenditures.
(a) Any person who makes any independent expenditure that causes the aggregate amount of independent expenditures made by such person in an election period to exceed $100 during such election period shall file a report with the Commissioner. Such report shall be filed in accordance with the deadlines provided under §8030 of this title, and shall contain the information required under §8030 of this title for all contributions received by and made by such person. Such report shall also include a list of every person to whom any disbursement has been made during the election period in connection with an independent expenditure, together with the date, amount and purpose of such independent expenditure and a statement under penalty of perjury whether each such expenditure has been made in cooperation, consultation or concert with, or at the request or suggestion of, any candidate or any candidate committee or agent of either.
(b) Any person who makes an independent expenditure aggregating more than $100 after the twentieth day, but more than 1 day, before any election shall, within 24 hours after such independent expenditure is made, shall file with the Commissioner a report under oath or affirmation with respect to such independent expenditure that contains the information required by §8030 and by this section.
§8032 Public Disclosure.
All reports made to the Commissioner and all rulings made by the Commissioner under this chapter shall be public and shall immediately upon their filing, be made available by the office of the Commissioner for inspection and copying at reasonable cost by the public, except that the identity of the candidate or committee which requested a ruling shall not be disclosed without the candidate's or committee's consent. The Office of the Election Commissioner shall remain open beyond the ordinary close of business on the day the reports are due to be received under §8030(b)(3), until all persons who are present at said office at the time of the ordinary close of business have had an opportunity to make reasonable inspection and copying of said reports.
SUBCHAPTER V. ENFORCEMENT.
§8040. Certificates of Election.
No certificate of election shall be granted to any candidate until the Superior Court has certified that such candidate has caused to be filed all reports required by §8030 of this title to be filed prior to the election.
§8041. Duties and Powers of Commissioner.
The Commissioner shall:
(a) Make and publish such rules and regulations not inconsistent with the provisions of this Chapter as are necessary to implement and enforce this Chapter. Upon their adoption under the provisions of the Administrative Procedures Act, such rules and regulations shall have the force and effect of law.
(b) At the request of any person, make a ruling that applies this Chapter to a set of facts specified by the person. The entire such ruling shall be made in writing, and a copy thereof shall be made available to any person, except that the identity of the person that requested the ruling shall not be disclosed without the person's consent. Copies of the ruling shall be mailed immediately to the
Governor, the Attorney General and the chair of each political party entitled to be listed on any general election ballot under 0001 of this Title. Within 7 days after any such ruling is made, a summary thereof shall be mailed to each candidate having a committee which has not completed its activities on file in the Office of the Commissioner and shall be distributed to any person who has, within the previous 12 months, requested distribution of such summaries. Any candidate or treasurer who reasonably and in good faith acts In reliance upon any ruling requested by that candidate or treasurer pursuant to this section, shall not be liable nor subject to any penalty with respect to conduct conforming to the tilling, provided there was a full disclosure to the Commissioner of all material facts necessary for the ruling.
(c) Mail to the treasurer of every political committee, to every candidate for whom a political committee has been formed, and to every candidate who has notified the Commissioner of his or her candidacy under §3101 of this title, a copy of this chapter, the rules and regulations thereunder and a concise explanation of their terms, responsibilities and penalties, not later than 15 days after such political committee has been formed or such candidate has filed for office. In January of every election year, the Commissioner shall send similar documents to the chairs of all political parties' legally recognized political party subdivisions, down to the local organizing district level.
(d) Retain and permit public inspection of all reports required to be filed under this Chapter for ten (10) years after the end of the calendar year to which they pertain.
§8042. Civil Remedies.
For purposes of any civil remedy on behalf of any injured person, the Court of Chancery shall have jurisdiction.
§8043. Violations; Penalties; Jurisdiction in Superior Court.
(a) Any person who knowingly violates any provision of §§8003, 8004 or 8005 of this title shall be guilty of a Class 8 misdemeanor.
(b) Any person who knowingly accepts or knowingly makes an unlawful contribution or expenditure in violation of any provision of Subchapters II or III of this title shall be guilty of a Class A misdemeanor.
(c) Any candidate or treasurer who knowingly files any report required by §8023 or Subchapter IV of this chapter that is false in any material respect, or fails to file any such report shall be guilty of a class A misdemeanor.
(d) Any person who knowingly violates any provision of §8006 of this title shall be guilty of a Class G felony.
(e) A candidate or treasurer who reasonably relies upon information provided by another person which is inaccurate, false or misleading and who has no reason to know that such Information was inaccurate, false or misleading, shall not be liable for any report filed by such candidate or treasurer which Is inaccurate, false or misleading as a result of such information, if such candidate or treasurer, within thirty (30) days after learning that such information was inaccurate, false or misleading, files an amended report with the Commissioner that corrects the inaccurate, false or misleading aspects of the report filed by the candidate or treasurer. Where a candidate or treasurer files an amended report later than 30 days after learning that such information was inaccurate, false or misleading, the candidate or treasurer shall not be liable if the candidate or treasurer shows good cause for filing the amended report beyond the 30 day period.
(f) The Superior Court shall have jurisdiction over all offenses under this chapter.
(g) A candidate and a treasurer shall report immediately to the Commissioner and the Attorney General any attempt to make a prohibited contribution, or to demand a prohibited expenditure, where such attempt is made with intent to violate this chapter.
(h) A candidate or a treasurer who receives a prohibited contribution or makes a prohibited expenditure without any intention to violate this chapter, but who returns the contribution or reimburses the political committee for such expenditure within seven (7) days after learning that the contribution or expenditure was prohibited, shall not be liable for any violation of this Chapter.
§8044. Tardy Reports.
Any candidate, political committee or other person that fails to file or deliver to the Commissioner any report required by §§8023 or 8030 of this title shall be assessed a fine by the Commissioner of 50 dollars per month, or fraction thereof, that such report is tardy in delivery to the Commissioner. Within 30 days after the Commissioner assesses such a fine, such person shall have the opportunity to show the Commissioner that such tardiness was due to reasonable cause and not willful neglect. Such fine shall constitute a debt due and owing the State, assessable by the Commissioner and recoverable against the committee, its treasurer or, in the case of a candidate committee, the candidate, or in the case of an independent expenditure, the person making such expenditure.
§8045. Attorney General Candidates.
Whenever it shall be alleged that an offense under this chapter has been committed by a candidate for the office of Attorney General of Delaware, if the Chancellor of the State of Delaware finds probable cause, based on sworn information, to believe this Chapter has been violated, a member of the Oar of the Supreme Court of the State of Delaware shall be appointed as independent counsel by the Chancellor. Such independent counsel shall have the authority to prosecute any violation of this chapter that has been committed by any candidate for the office of Attorney General.
58046. Short Title.
This Chapter shall be known as the Campaign Financing and Disclosure Act of 1990.
Section 2. Amend Chapter 101, Title 29 by adding subsection (43) to §10161 thereof, to read as follows:
"(43) Election Commissioner."
Section 3. If any provision of this Act, any amendment made to this Act or the application of any such provision to any person or circumstance is held invalid, the validity of any other such provision and the application of such provision to other persons and circumstances shall not be affected thereby.
Section 4. This Act shall become effective on January 1, 1991, except that any reports which, under this Chapter before the enactment of this Act, were required to be filed in January, 1991, shall be filed pursuant to this Chapter as it existed before the enactment of this Act.
Approved October 11, 1990.