Delaware campaign committees keep records and face report penalties

Candidate committees and political committees keep campaign finance records for five years after an election. The periods apply to candidate committees and political committees. Candidate committees measure five years from the candidate’s most recent election; political committees measure five years from the election connected to the contributions and spending. Candidate committees need not keep donors’ names and mailing addresses for contributions of $100 or less in an election period. Candidate committee records include bank statements, checks, deposit records, spending receipts, and proof that spending was for the committee, not personal use. The five-year periods begin two years after the Act takes effect on July 1, 2027. Before then, the stated period is three years.

Candidates and political committee treasurers complete campaign finance training every two years. The text requires training for candidates and treasurers of political committees; it also says a candidate and a candidate committee’s treasurer must complete biennial training. The Commissioner provides the training and may issue rules to carry it out. Initial training is due within 30 days after a committee files its statement of organization. The Act takes effect July 1, 2027.

Political committees document loans in writing, attach the record to a campaign report, and deposit loan proceeds in the committee’s designated account. These provisions apply to loans made to political committees. The written record includes the lender’s name, address, and signature, plus the repayment schedule and interest rate. A candidate may not charge interest on a loan to the candidate’s own committee. Loan proceeds may not be kept in a candidate’s personal account or another person’s account. The committee deposits loan proceeds within three business days after receiving them. The Act takes effect July 1, 2027.

The Commissioner may cite people responsible for missing, late, or incomplete campaign reports; negative ending balances make reports incomplete. The rules apply to people responsible for reports required under the campaign finance chapter. A report’s ending balance is its prior ending balance plus current receipts minus current spending. A reporting party gets one automatic 48-hour extension by notifying the Commissioner in writing by 11:59 p.m. on the due date. A citation may carry a $50 daily penalty for up to 100 days and required training on the state reporting system. The Commissioner may allow a payment plan, reduce or waive a penalty under $500, or settle the amount if the report is filed or corrected. A reporting party may appeal within 30 days. A timely appeal pauses the penalty, training, and campaign activity ban while the appeal is pending. After the cited party has 30 days to correct the report and pay fines, the committee may not conduct campaign finance activities until both are done, subject to the appeal pause. The one-time extension lasts 48 hours. A cited reporting party has 30 days to appeal; a timely appeal pauses penalties, required training, and the campaign activity ban while it is pending.

The Commissioner sends monthly reports of certain alleged violations to the Division of Civil Rights and Public Trust, and the Division investigates and prosecutes campaign finance violations. The Commissioner may audit committee reports for compliance with campaign finance law. The Division sends its annual report to the General Assembly and named state officials. The Commissioner’s monthly report lists alleged violations that are under investigation or unresolved. The Division’s annual report lists prosecutions it has started or that remain ongoing; it need not disclose confidential information that could interfere with an investigation or prosecution. The Division’s annual report is due by December 31 each year. The Act takes effect July 1, 2027.