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2011 Campaign Finance Reporting Manual
0C,1 AT/O\ O 2011 Campaign Finance Reporting Manual Prepared in Cooperation with Idaho Secretary of State Ben Ysursa Association of Idaho Cities 3100 S. Vista Ave. Ste. 310 Boise, ID 83705 Ph: (800) 344-8594 or (208) 344-8594 Fax: (208) 344-8677 www.idahocities.org Preface The 2011 Campaign Finance Reporting Manual is a comprehensive resource manual intended to assist city clerks, candidates and campaign treasurers in understanding their responsibilities under the Idaho Sunshine Law, found in Idaho Code Title 67, Chapter 66. The Sunshine Law was originally enacted by citizen initiative in 1974 and established requirements for campaign finance reporting by candidates for state elected offices. In 1982, the Legislature provided for the application of the Sunshine Law to city elections for mayor and council in cities over 16,000 population. County elected officials were brought under the Sunshine Law in 1991. In 2004, the population threshold for campaign finance reporting in cities was lowered from 16,000 to 5,000. It is strongly recommended that city clerks reproduce this manual and provide it to candidates and campaign treasurers for candidates and political committees. Relevant portions of the Idaho Sunshine Law are included in Appendix B. While this manual is intended to assist in understanding the Sunshine Law, it is not a substitute for thorough study of the law itself. All forms and reports required under the Sunshine Law must be filed with the city clerk. Candidates and political treasurers should direct all questions about the Sunshine Law to the city clerk. Table of Contents New Laws on Campaign Finance Reporting.................................................................. I How Does the Idaho Sunshine Law Apply to City Elections? ...................................... 2 What Persons & Organizations are Required to File Campaign Finance Disclosure Statements?...............................................................................................2 Penaltiesfor Violation..................................................................................................... 5 Inspection and Examination by the City Clerk.............................................................. 6 CitizenComplaints............................................................................................................ 6 Certifying a Political Treasurer....................................................................................... 9 Duties of a Political Treasurer.......................................................................................10 Definition of Contribution..............................................................................................11 ReportingContributions................................................................................................12 Reporting In -Kind Contributions and Expenditures..................................................12 ReportingLoans..............................................................................................................13 Definition of Expenditure...............................................................................................13 ReportingExpenditures.................................................................................................13 Frequent Problems in Reporting...................................................................................14 ContributionLimits........................................................................................................15 Contribution Limits for Idaho City Elections..............................................................16 2011 Deadlines for Filing Campaign Finance Disclosure Reports .............................17 Disclosure for Independent Expenditures, Nonbusiness Entities & Electioneering Communication...............................................................................18 Frequently Asked Questions.......................................................................................... 25 Appendix A: Examples of Completed Campaign Financial Disclosure Forms ........ 30 Appendix B: Idaho Sunshine Law—Idaho Code Title 67, Chapter 66 ...................... 51 New Laws on Campaign Finance Reporting 2009 Legislative Session—House Bill 372—Election Consolidation The biggest change in Idaho election law in recent decades was enacted by the 2009 Idaho Legislature with the passage of House Bill 372. While the bill has a tremendous impact on local elections, it will not change anything with respect to campaign finance reporting for cities. • Cities over 5,000 population remain subject to the campaign finance reporting requirements of Idaho Code Title 67, Chapter 66; and • Campaign finance reporting for city elections will continue to be administered by the city clerk. 2010 Legislative Session—House Bill 437—Electronic Filing of Campaign Finance Reports The only legislation passed since the last city election concerning campaign finance reporting is House Bill 437 by the 2010 Idaho Legislature. The bill authorizes the Secretary of State to develop an online campaign finance report filing system. It is not necessary for cities to develop such systems, since candidates may file by fax or email already. How Does the Idaho Sunshine Law Apply to City Elections? Idaho Code 50-420 provides that campaign finance disclosure laws set forth in Idaho Code Title 67, Chapter 66 apply to elections for mayor and council and ballot measures in cities with 5,000 or more population. Currently, 32 cities fall under the Idaho Sunshine Law: Boise Moscow Sandpoint Nampa Eagle Hailey Meridian Ammon Payette Idaho Falls Kuna Rathdrum Pocatello Hayden Emmett Coeur d'Alene Chubbuck Middleton Caldwell Mountain Home Rupert Twin Falls Garden City Weiser Lewiston Blackfoot Preston Rexburg Jerome Star Post Falls Burley The city clerk is responsible for administering and enforcing the campaign finance disclosure requirements for city elections. What Persons and Organizations are Required to File Campaign Finance Disclosure Statements? 1. Candidates. A candidate is an individual who seeks election to city office. An individual becomes a candidate when he/she: (1) receives contributions, makes expenditures, or reserves space or facilities with intent to promote his/her candidacy for office; or (2) announces publicly or files for city office—Idaho Code 67-6602(a). Before a person becomes a candidate under the definition provided above, the individual must file a C-1 form with the city clerk identifying the name and contact information of their political treasurer (see the section in this manual entitled "Certifying a Political Treasurer"). Only after the candidate has filed the C-1 form may they begin raising and spending money. It is important to understand that candidates can certify their treasurer and start raising and spending money long before they file their Declaration of Candidacy with the city clerk in late August or early September to get their name on the ballot. The candidate can certify their treasurer as early as they desire and start raising and spending money. 0 The city clerk needs to provide the following forms to candidates: • C- I —Appointment & Certification of Political Treasurer; • C-2—Campaign Financial Disclosure Report, including: ✓ Summary Page, ✓ Detailed Summary, ✓ Schedule A: Itemized Contributions, ✓ Schedule B: Itemized Expenditures, ✓ Schedule C: In -Kind Contributions and Expenditures, ✓ Schedule D: Loans, ✓ Schedule E: Credit Cards & Debt, ✓ Schedule E-1: Credit Card & Debt Itemization, and ✓ Schedule F: Pledged Contributions But Not Yet Received; • C -5 -48 -Hour Notice of Contributions/Loans Received of $1,000 or More. 2. Political Committees. A political committee includes: (1) any individual, group or entity specifically designated to support or oppose any candidate or measure; or (2) any individual, group or entity receiving contributions and making expenditures in excess of $500 in any calendar year for the purpose of supporting or opposing one or more candidates or measures—Idaho Code 67-6602 (p). The city clerk needs to provide the following forms need to political committee treasurers: • C-1—Appointment & Certification of Political Treasurer; • C-2—Campaign Financial Disclosure Report, including: ✓ Summary Page, ✓ Detailed Summary, ✓ Schedule A: Itemized Contributions, ✓ Schedule B: Itemized Expenditures, ✓ Schedule C: In -Kind Contributions & Expenditures, ✓ Schedule D: Loans, ✓ Schedule E: Credit Cards & Debt, ✓ Schedule E-1: Credit Card & Debt Itemization, and ✓ Schedule F: Pledged Contributions But Not Yet Received; • C -5 -48 -Hour Notice of Contributions/Loans Received of $1,000 or More. 3 3. Nonbusiness Entities. Any group or entity which: (1) does not have as its principal purpose the conduct of business activities for profit; and (2) received during the preceding calendar year contributions, gifts or membership fees, which in the aggregate exceeded 10 percent of its total receipts for the year—Idaho Code 67- 6602(n). The city clerk needs to provide the following forms to nonbusiness entities: • C-6—Statement by a Nonbusiness Entity, • C-4—Independent Expenditures, and • C -7 -48 -Hour Notice of Independent Expenditures. 4. Independent Expenditures. Any expenditure by an individual, group or entity: (1) for a communication expressly advocating the election, passage or defeat of a clearly identified candidate or measure; and (2) is not made in cooperation or consultation with a candidate or political committee. "Expressly advocating" means any communication containing a message advocating election, passage or defeat including, but not limited to, the name of the candidate or measure and expression such as "vote for," "elect," "support," "cast your ballot for," "vote against," "defeat," or "reject"—Idaho Code 67-6602 (i). The city clerk needs to provide the following forms to those making independent expenditures: • C-4—Independent Expenditures, and • C -7 -48 -Hour Notice of Independent Expenditures. il 5. Electioneering Communication. Any advertising by television, radio, newspaper, billboard, mail, hand delivery, phone calls or otherwise distributed that: (i) Unambiguously refers to any candidate; (ii) Is made within 60 days before a general election; and (iii) Is made to an audience including members of the electorate for such public office. Electioneering communication does not include: (i) News articles, editorial endorsements, opinion or commentary, writings, or letters to the editor printed in a newspaper, magazine, or other periodical not owned or controlled by a candidate or political party; (ii) Editorial endorsements or opinions aired by a broadcast facility not owned or controlled by a candidate or political parry; (iii) Any communication by persons made in the regular course and scope of their business or any communication made by a membership organization solely to members of such organization and their families; (iv) Any communication which refers to any candidate only as part of the popular name of a bill or statute; or (v) A communication which constitutes an expenditure or an independent expenditure under Idaho Code Title 67, Chapter 66—Idaho Code 67-6602(f). The city clerk must provide to those responsible for electioneering communications the C-8— Report of Electioneering Communication. Penalties for Violation Idaho Code 67-6625A provides that any candidate, committee or other person/entity failing to file campaign finance disclosure reports by the appropriate deadline will be fined $50 per day until the report is filed. • The city clerk may waive penalties if it is determined that the late filing was not willful; • However, fines must be imposed if the report is not filed within five days after receiving written notice from the city clerk. 5 Idaho Code 67-6625 provides that: • Violations of other provisions of the campaign finance disclosure law may be punished by a civil fine of up to $250 for an individual and up to $2,500 for a group or entity. • Knowing and willful violation is a misdemeanor, and may include imprisonment for up to six months in addition to the above fines. Inspection and Examination by the City Clerk The city clerk is required by the Sunshine Law to inspect each report within two days after filing, and must notify any political treasurer or other person/entity who fails to file a report or files a report which does not conform to law. The city clerk must also notify a political treasurer or other person/entity when a complaint is filed alleging that a report does not conform to law or has not been filed. The city clerk is required to examine all filed reports within three months after the election to determine whether the reports conform to law. The city clerk is empowered to require any person to answer in writing and under oath questions concerning the source of any contribution (Idaho Code 67-6615 and 67-6616). Citizen Complaints Any registered voter has the right to file a complaint with the city clerk if he/she has reason to believe that a person has violated the Sunshine Law. Complaints must be filed on form L-5 (provided on the following page). The city clerk will thoroughly investigate all such complaints (Idaho Code 67-6615 and 67-6623). C� Report of Alleged Violation of Sunshine Act Title 67, Chapter 66, Idaho Code Item 1: Identification of Reporting Person 1. Name: 2. Home Address: (Last Name) (First Name) (Middle Name) (Number and Street) (City) (County) (State) (Zip Code) Item 2: Identification of Person Alleged to Have Violated the Act 1. Name: 2. Home Address: (Last Name) (First Name) (Middle Name) (Number and Street) (City) (County) (State) (Zip Code) Item 3: Witnesses or Other Persons Who May Have Knowledge of the Alleged Violation A. 1. Name: (Last Name) (First Name) (Middle Name) 2. Home Address: (Number and Street) (City) (County) (State) (Zip Code) 3. Other Descriptive Information: (a) (b) (c) B. 1. Name: (Last Name) (First Name) (Middle Name) 2. Home Address: (Number and Street) (City) (County) (State) (Zip Code) 3. Other Descriptive Information: (a) (b) (c) 7 Item 4: Description of Alleged Violation (Please be as specific as possible, citing dates, places, persons, and corroborative details Item 5: Signature of Reporting Person The above complaint is true and correct to the best of my knowledge. Signed: Date: M. Certifying a Political Treasurer What persons and groups are required to certify a political treasurer? All candidates for mayor and city council, as well as all political committees formed to support or oppose one or more candidate(s) or ballot measure(s). When must the political treasurer be certified? The treasurer must be certified before an individual becomes a candidate for city office, or prior to the time an organization becomes a political committee. No contribution shall be received or expenditure made by or on behalf of a candidate or political committee until a political treasurer is certified—Idaho Code 67-6603(c). Who may serve as a political treasurer? Any individual registered to vote in Idaho may serve as a political treasurer. A candidate may serve as his/her own political treasurer. An individual may serve as the political treasurer for more than one candidate or political committee—Idaho Code 67-6603. How is a political treasurer certified? The political treasurer is certified when a candidate or political committee chairman files the Appointment and Certification of Political Treasurer (C-1) form. The C-1 form is available on request from and must be filed with the city clerk. The candidate or committee chairman and political treasurer are required to sign the form. What procedures must be followed in the event a political treasurer resigns, is removed or dies? The candidate or political committee chairman must certify a new political treasurer immediately with the city clerk's office using the C-1 form. No contribution may be received or expenditure made until a new political treasurer has been certified—Idaho Code 67-6603(c)(1). I Duties of a Political Treasurer (1) Keep detailed accounts, current within not more than seven days after the date of receiving contributions or making expenditures (Idaho Code 67-6604(a)). (2) Keep a detailed record of accounts for at least one year after the date of the election or filing of the last Campaign Financial Disclosure Report, whichever is later (Idaho Code 67-6604(c)). (3) File the required Campaign Financial Disclosure Reports in a timely manner, reporting all required information. (4) Obtain and report the name and address, and contribution amount, of any person or entity contributing a total of more than $50 in one or more contributions during the calendar year (Idaho Code 67-6612(1)). (5) Transmit to the State Controller for deposit in the public school fund any anonymous contribution of more than $50 (Idaho Code 67-6610(b)). (6) For expenditures of $25 or more, obtain a receipt or canceled check or an accurate copy thereof (Idaho Code 67-6612(2)). (7) Clearly indicate on all public political advertising the person responsible for such communications (Idaho Code 67-6614A). Example: John Smith is running for city council and has brochures printed up to distribute to citizens. His brochures contain the notation: "Paid for by John Smith for City Council, Joe Greene Political Treasurer," to comply with the regulation that all political advertising clearly state the source responsible for the ads. Exceptions: Certain items are exempt from this requirement, specifically: campaign buttons, bumper strips, pins, pens, and similar small items upon which the attribution cannot be conveniently printed. (8) Notify the city clerk in writing of any contribution of $1,000 or more (including monetary and in-kind contributions and loans, from any source including the candidate) received by the political treasurer in the period after the 16th day before the election to 48 hours before the election (Idaho Code 67-6607(c)). The notification must be made within 48 hours after receipt of the contribution. Please note: contributions and loans from any source other than the candidate are limited to $1,000 per contributor. There is no dollar limit on personal contributions and loans from the candidate to their own campaign. 10 Example: Joe Greene, political treasurer for John Smith's campaign, receives a $1,000 contribution from ABC Political Fund on Friday, October 28, 2011. Greene is required to notify the city clerk on form C-5 within 48 hours of receipt of the contribution. The political treasurer also reports the $1,000 contribution on the 30 -Day Post -General Report. Definition of Contribution (Idaho Code 67-6602(c)) Contributions include: • Any advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, subscription or transfer of money or anything of value in support of or in opposition to any candidate, political committee or measure; • Any contract, agreement, promise or other obligation, whether or not legally enforceable, to make a contribution; • Funds or property of a candidate or members of their household expended or transferred in support of the individual's campaign; and • Rendering of personal and professional services for less than full consideration—these "in-kind" contributions are reported at fair market value. Contributions do not include: • Ordinary home hospitality, • Services performed by part-time volunteer campaign workers or advisors, and • Incidental expenses of less than $25 personally paid for by any volunteer campaign worker. 11 Reporting Contributions A political treasurer must report all contributions received during the reporting period: (1) The number and total amount of all contributions less than $50; (2) The name and address of each person contributing over $50 during the calendar year in one or more contributions, plus the date the contribution was received by the political treasurer (not the date on the check); (3) Keep detailed accounts of contributions received from each contributor, Contributions must be calculated on a per -election basis because the contribution limit is $1,000 per election (excluding personal contributions from the candidate), and Contributions must also be calculated on a calendar year basis because all contributions totaling $50 or more during the calendar year must be reported separately with the name and address of the contributor, date and amount; (4) The treasurer must report personal funds of a candidate contributed or loaned to their campaign; and (5) The political treasurer is also responsible for reporting pledged contributions: any promise or pledge to give money or anything of value to a candidate or political committee even if the promise or pledge is not legally enforceable. Reporting In -Kind Contributions & Expenditures A political treasurer must report all in-kind contributions and expenditures during the reporting period. In-kind contributions are goods or services, other than money, that have monetary value. When a person/entity provides goods or services to a candidate or political committee for less than fair market value, this is considered an in-kind contribution. The amount of the contribution is reported at fair market value on Schedule C of the C-2 form. (1) The treasurer must report the name and address of the person/entity making the in-kind contribution, the amount contributed during the reporting period and total contributions for the calendar year-to-date; and (2) The name and address of the person or business which provided the goods or services paid for by the in-kind contribution, as well as the purpose of the transaction. 12 Reporting Loans A political treasurer must report loans on Schedule D of the C-2 form. (1) The name and mailing address of all lenders. (2) Previous balance of loans at the end of the last reporting period. (3) The amount of each loan received during the reporting period. (4) Interest accrued during the reporting period. (5) Repayment of loans during the reporting period. (6) Balance outstanding at end of the reporting period. Definition of Expenditure (Idaho Code 67-6602(h)) Expenditures include: • Any payment, contribution, subscription, distribution, loan, advance, deposit, or gift of money or anything of value; and • A contract, promise, or agreement, whether or not legally enforceable, to make an expenditure. Reporting Expenditures A political treasurer must report all expenditures made during the reporting period by or on behalf of the candidate/committee. (1) The number and total amount of all expenditures less than $25. (2) The name and address of each person or entity receiving an expenditure of $25 or more, along with the purpose of the expenditure. (3) The treasurer must report pledged expenditures: any agreement or promise to make payment by or on behalf of a candidate or political committee even if the agreement or promise is not legally enforceable. (4) The treasurer is also responsible for reporting personal payment of expenses by a candidate, but this does not include payment of the candidate filing fee. 13 Frequent Problems in Reporting Lack of communication between political treasurer and candidate. The law requires detailed accounts, current within not more than seven days after the date a contribution was received or an expenditure made. Information required is not complete. Examples: Date: The month is listed, but not the day—or the report lists no date. Name: M. Smith (just an initial for first name), Mr. Smith (no first name), John (no surname). Address: John Smith, Boise (address must include mailing address and city). Purpose: Not given. Notification of new political treasurer. The candidate/committee has a new political treasurer; however, the city clerk has not been notified of the change. This is a violation of the law. It also means the wrong individual is receiving communications from the city clerk and those using the city clerk's mail/email list. Reports are illegible. Extremely small type or print is often illegible when sent by fax. Attempts to fax unsuccessful. Attempts to fax a report are unsuccessful due to a busy fax line on the day the report is due. Notices disregarded. The lack of attention by political treasurers to notices sent to them by the city clerk's office requesting additional information or corrections. Source of contribution not accurate. The individual delivering the contribution check is listed as the contributor rather than the entity issuing the check. For example, a real estate agent delivers a check from Idaho Realtors PAC, but the political treasurer lists the agent as the source of the contribution. Incorrect posting of returned contributions or refunds. A returned contribution or refund is listed on the wrong schedule. For example: XYZ Phone Service refunds a deposit to the candidate's committee. This should be shown as a negative expenditure in the amount of the refund on the schedule of expenditures and not as a contribution to the candidate. Candidate John Smith returns a check to a donor listed on a previous report. This should be shown as a negative contribution on the contribution schedule and not as an expenditure. Inadequate disclosure of credit card transactions or reimbursement to candidate. Itemization with complete information does not accompany entries showing payment to credit card company or reimbursement to candidate. 14 Contribution Limits Contributions must be aggregated on a per election basis when monitoring contribution limits. Contributions from the candidate. Unlike other types of contributions, those made from the candidate's personal funds to his/her own campaign are not subject to any dollar limits, but must be reported. A candidate's spouse and other family members are subject to contribution limits. In-kind contributions. Contributions other than money are deemed to have monetary value equivalent to the fair market value of the contribution. Goods or services furnished at less than fair market value for the purpose of assisting any candidate or political committee are deemed an in-kind contribution. In-kind contributions are reported at fair market value and count toward any applicable contribution limit of the contributor. Loans. Loans are treated as a type of contribution—an unpaid loan, when added to other contributions from the same donor, may not exceed the contribution limit. Repayment of the loan reduces the amount of the contribution. A loan exceeding the contribution limit from any person/entity other than the candidate is unlawful, even if the candidate intends to repay the entire amount. Volunteers. Ordinary home hospitality and incidental expenses not in excess of $25 paid for by any volunteer campaign worker are not considered contributions. 15 Contribution Limits for Idaho City Elections (Idaho Code 67-6610A) To Municipal To Committee To a Political Aggregate Monetary & In -Kind Candidate or Formed to Action Contributions From Committee Support or Committee Organized on Oppose City Candidate's Behalf Ballot Measure(s) Individual $1,000 No Limits No Limits (*other than candidate) **Per Election Corporation, Political Action $1,000 No Limits No Limits Committee or Other Entity **Per Election * Candidate contributions unlimited to own campaign. ** Since there are no primaries in Idaho city elections, the limit on total contributions to a candidate per general election is $1,000. 16 2011 Deadlines for Filing Campaign Finance Disclosure Reports Tuesday, November 8, 2011 General City Election Type of Report Period Report Covers Date Report is Due October 10 Pre -General Date of Certification of Treas.- Sept. 30, 2011 October 10, 2011 7 -Day Pre -General October 1 — 23, 2011 November 1, 2011 48 -Hour Notice October 24 — Within 48 hours after receipt November 5, 2011 of $1,000 or more contribution 30 -Day Post -General October 24 — December 8, 2011 November 18, 2011 Annual (2011) November 19 — January 31, 2012 December 31, 2011 Postmarks The city clerk will accept the postmark as the date of receipt for reports, except for the 7 -Day Pre -General report, which must be received by 5:00 p.m. on November 1, 2011. Faxed Reports Reports may be filed by faxing to the city clerk. What period does my first report cover and when is it due? For a new candidate or new political committee, the first report covers the period from the date the political treasurer was certified through the last day of the reporting period in which certification occurred. This report must be filed on the first due date after certification. Example: A candidate certifies a political treasurer on June 1, 2011. The first report would cover the period from June 1, 2011 through September 30, 2011 and would be due October 10, 2011. How does the replacement of a political treasurer affect the reporting requirements? For a candidate or political committee replacing a political treasurer in the middle of a reporting period, the first report for the new treasurer covers the period from the first day of the reporting period through the last day of the reporting period in which certification occurred. Example: A candidate replaces their political treasurer by certifying a new treasurer with the city clerk on October 15, 2011. The first report for the new treasurer would cover the period from October 1, 2011 through October 23, 2011 and would be due November 1, 2011. 17 Disclosure for Independent Expenditures, Nonbusiness Entities & Electioneering Communication Form C-4 Statement of Independent Expenditures C-7 48 -Hour Notice of Independent Expenditures C-6 Statement by a Nonbusiness Entity C-8 Report of Electioneering Communication These reports are typically not filed by a political treasurer of a candidate/committee. Forms are available from and should be filed with the city clerk. Who Files It Each person* making independent expenditures totaling more than $100 in support of or in opposition to any one candidate, political committee or measure, shall file a statement of the expenditure(s) with the city clerk. Any person* who makes independent expenditures totaling $1,000 or more during the period after the 16th day before, but more than 48 hours before the election (Oct. 24 to Nov. 5, 2011) is required to report to the city clerk. Any nonbusiness entity,** domiciled in the state of Idaho, which makes expenditures in an amount exceeding $1,000 in any calendar year for the purpose of supporting or opposing one or more candidates or measures shall file a statement with the city clerk. Any person* conducting or transmitting electioneering communication as defined in Idaho Code 67-6602(f) costing more than $100. Additionally, any person* who spends $1,000 or more for electioneering shall report within 48 hours to the city clerk. What It Contains When It's Due Name & address of person/ entity to whom expenditure in excess of $50 has been made; the candidate or measure that was the subject of the expenditure; the amount, date & purpose of each expenditure and the total sum of all expenditures. Name & address of person/entity to whom expenditure in excess of $50 has been made; the candidate/measure that was the subject of the expenditure; the amount, date & purpose of each expenditure; and the total sum of all expenditures. Name & address of nonbusiness entity; name & address of its principal officer or directors; name & address of each person*/ entity paying more than $500 to the nonbusiness entity during the prior 2 calendar years or obligated to pay more than $500 during the current year. The name and address of the person/entity responsible for the electioneering communication; expenditures and contributions for the electioneering communication. Not less than 7 days prior to the general election (November 1, 2011) and 30 days after the general election (December 8, 2011)— Idaho Code 67-6611. The report must be filed within 48 hours of the expenditure that exceeds the $1,000 threshold—Idaho Code 67-6611. Within 30 days of exceeding the $1,000 threshold—Idaho Code 67-6606. Not less than 7 days prior to general election (November 1, 2011)& 30 days after general election (December 8, 2011). Additionally, within 48 hours if costs incurred are $1,000 or more—LC. 67-6630. Nonbusiness entities making independent expenditures are required to file the C-4 Statement of Independent Expenditures with the city clerk. A nonbusiness entity making over $100 in independent expenditures is required to file a C-4, even if the entity has not yet exceeded the $1,000 reporting threshold required for filing a C-6 Statement by a Nonbusiness Entity. Nonbusiness entities are also required to comply with the 48-hour disclosure requirements for independent expenditures exceeding $1,000. * Person, as defined in Idaho Code 67-6602(0) includes: an individual, corporation, association, firm, partnership, committee, political party, club or other organization or group of persons. ** Nonbusiness entity does not include a political committee with a certified political treasurer who is already filing campaign disclosure reports. Full Name: INDEPENDENT EXPENDITURES (Please note the definition of independent expenditure and Section 67-6611, Idaho Code - reverse side) Totaling More Than $100 Mattie In Support of or in Opposition to Any One Candidate, Political Committee or Measure Mailing Address and Zip Code: TYPE OF REPORT F17 Day Pre -General Statement El30 Day Post -General Statement Telephone No.: B Broadcast Advertising (Radio, TV & Internet) 0 Other Advertising (Yard Signs, Buttons, etc.) Purpose E Event Expenses P Postage F Food & Refreshments S Surveys & Polls Codes L Literature, Brochures, Printing Z Preparation & Production of Advertising N Newspaper & Other Periodical Advertising ITEMIZED EXPENDITURES IN EXCESS OF FIFTY DOLLARS C-4 Rev. 08107 Date Full Name, Mailing Address and Zip Code of Recipient Candidate/Measure Supported/Opposed Purpose Code Amount r r 1. S C 2. S r � 3. S r r 4. $ r � 5. S report is true. complete ani correct. 19 Total Expenditure(s): $ M hereby certify that the information in this Signature s INDEPENDENT EXPENDITURES f ., 48 HOUR NOTICE � +�4 (Please note the definition of independent expenditure and Section 67-6611, Idaho Code - reverse side) Totaling $1000 or More Made in Support of or in Opposition to Any One Candidate, Political Committee or Measure Full Name: Mailing Address and Zip Code: Telephone No.: 2011 Elections 48 Hour Notice required for expenditures made: General Election -- October 24, 2011 through November 5, 2011 B Broadcast Advertising (Radio, TV & Internet) 0 Other Advertising (Yard Signs, Buttons, etc.) Purpose E Event Expenses P Postage F Food & Refreshments S Surveys & Polls Codes L Literature, Brochures, Printing Z Preparation & Production of Advertising N Newspaper & Other Periodical Advertising ITEMIZED EXPENDITURES IN EXCESS OF FIFTY DOLLARS C-7 Rev. 08107 Date Full Name, Mailing Address and Zip Code of Recipient Candidate/Measure Supported/Opposed Purpose Code Amount r r 1. $ 2. f � 3. $ f j 4. $ r 5. $ RETURN THIS FORM To: City Clerk Total Expenditure(s): $ I, hereby certify that the information in this Name report is true, complete and correct. Signature 901 STATEMENT BYANONBUSINESS ENTITY x �y' (Type or print clearly) See instructions at bottom of page Name and Address of Nonbusiness Entity Name Address City State Zip I I I I Name and Address of Principal Officer or Directors Name Address City State Zip I I I I I I I I I I I I I I I I I I I I List the name and address of each person whose fees, dues, payments or other consideration paid to the nonbusiness entity during either of the prior two (2) calendar years has exceeded $500; or who is obligated to or has agreed to pay fees, dues, payments or other consideration exceeding $500 to such entity during the current year. Name Address City State Zip I I I I I I I I I C-6 Rev. 8107 INSTRUCTIONS Certification: I hereby certify that the information contained herein Who should file this form? Any nonbusiness entity, domiciled in the State of is a true, complete, and correct statement in accordance with Idaho, which makes expenditures in an amount exceeding one thousand dollars Section 67-6624, Idaho Code. ($1,000) in any calendar year for the purpose of supporting or opposing one (1) or more candidates or measures. (Please note the definition of nonbusiness entity and Section 67-6606, Idaho Code - reverse side.) Filing Deadline: This statement shall be filed within thirty (30) days of exceeding Signature the one thousand dollars ($1,000) threshold. Title Date 21 ISE o REPORT OF ELECTIONEERING COMMUNICATION For use by a person who has expended $100 or more per year on electioneering communications. Any person incurring costs of $1.000 or more must file within 48 hours of incurring costs. Name of person/entity Address (Physical) City State Zip Mailing Address Telephone ❑ 48 Hour Report City State Zip TYPE OF REPORT ❑ 7 Day Pre -General Report ❑ 30 Day Post -General Report Is this an amended report? ❑ No ❑ Yes This amends a previous report filed on_ Date of Public Distribution(s) C-8 11/07 Total Expenditures this Statement $ Total Itemized Contributions of $50 or More this statement $ Total Contributions this statement $ hereby certify that the information in this Name of Individual Completing Report report is a true, complete and correct Campaign Financial Disclosure Report as required by law. Signature of Individual Completing Report Date Signed 22 Itemized Contributions for Electioneering Communication ($50 or more) Name of person/entity: 1. Date Received —/—I- 2. Contribution Amount 4. Name (last, $_ 5. Address 3. ❑ Cash ❑ Loan g. CitylstatelZ ❑ In -Kind 1. Date Received 1 1 2. Contribution Amount 4. Name (last, first) 5. Address 3. ❑ Cash ❑ Loan g, City/state/Zip ❑ In -Kind 1. Date Received —/—I- 2. Contribution Amount 3. ❑ Cash ❑ Loan ❑ In -Kind 1. Date Received —/—I- 2. Contribution Amount S 3. ❑ Cash ❑ Loan ❑ In -Kind 4. Name (last, first) 5. Address 6. CitylStatelZip 4. Name (last, first) 5. Address B. CitylStatelZip 1. Date Received —I—I- 2. Contribution Amount 4. Name (last, first) 5. Address 3. ❑ Cash 8 Loan 6. CitylStatelZip ❑ In -Kind 23 Itemized Expenditures for Electioneering Communication Name of person/entity: 1. Date Expended 3. Name (last, first) I! 4. Address 5. CitylStatelZip 2. Amount 6. Method of Communication(s) 7. Name of Candidate(s) referred to cash ❑ 8. Support Oppose in-kind ❑ 9. Purpose of Expenditure 71. Date Expended I 1 1 2. Amount cash in-kind 3. Name (last, first) 4. Address 5. CitylStatelZip 6. Method of Communication(s) 7. Name of Candidate(s) referred to 8. Support Oppose 9. Purpose of Expenditure 1. Date Expended 3. Name (last, first) 4. Address 5. City/State/Zip 2. Amount 6. Method of Communication(s) 7. Name of Candidate(s) referred to cash ❑ 8. Support Oppose in-kind p 9. Purpose of Expenditure 1. Date Expended 3. Name (last, first) �! 4. Address 5. CitylStatelZip 2. Amount 6. Method of Communication(s) 7. Name of Candidate(s) referred to $ cash ❑ 8. Support Oppose in-kind ❑ 9. Purpose of Expenditure 24 Frequently Asked Questions 1. Can a political treasurer accept corporate or union contributions? Yes. The Sunshine Law allows corporations, unions, and other entities to contribute money, goods or services to candidates or political committees. 2. Is there a limit on how much money a candidate can receive from a single contributor? Yes. Each individual, corporation, political action committee, or other recognized legal entity may contribute up to $1,000 to a candidate for city office per election—Idaho Code 67-6610A. 3. Is there a limit on the amount of personal funds a candidate may contribute to their own campaign? No. The limits set forth in Idaho Code 67-6610A are not applicable to a candidate's personal funds. 4. Does the $1,000 contribution limit apply to contributions from a spouse or other family members? Yes. The candidate's spouse, children and other family members may each contribute up to $1,000 per election. 5. Are in-kind contributions restricted by the contribution limit? Yes. In-kind contributions are reported at fair market value and count toward the contribution limit, along with cash contributions and loans Idaho Code 67-6610A. 6. Are candidates required to report the amount of their personal funds contributed or loaned to their campaign? Yes. All personal funds contributed or loaned by a candidate in support of their own election must be reported. However, it is not necessary to report personal funds expended to pay the candidate filing fee—Idaho Code 67-6602(c) and 67-6612. 7. If our political action committee pays for printing costs or other services for a candidate, how should this be reported on our committee's report and on the candidate's report? On Schedule B of the C-2 form, the political action committee will list as the recipient the individual, organization or business to whom the expenditure was made. Enter the date, amount and purpose of the expenditure, as well as the candidate(s) benefiting from the expenditure. 25 The candidate reports the in-kind contribution on Schedule C of the C-2 form, including: the date; the name and address of the PAC; the individual, organization or business to which the PAC made payment; the amount; and the purpose for which the expenditure was made. 8. How does "in-kind" affect figures for contributions received and expenditures made? In-kind is reported separately from money contributions and expenditures, so it does not affect the actual cash balance. 9. If the candidate purchases office supplies, meals, gas, etc. with their personal funds, may they be reimbursed from campaign funds? Yes. The transaction should be shown as follows: (1) On Schedule C (In -Kind Contributions & Expenditures) of the C-2 form, enter the date, the candidate's name and address, the amount spent, the name and address of the business and the purpose of the expense. (2) When the campaign reimburses the candidate, the candidate's name and address are listed as the recipient, along with the date, the purpose and the amount on Schedule B (Itemized Expenditures) of the C-2 form. 10. How are credit card transactions reported? Credit card purchases are considered debt to the campaign and are reported on Schedule E (Credit Cards & Debt). The report includes: • The name and address of the creditor, • The previous balance of debt at the end of the last reporting period, • The amount of new debt incurred during the current reporting period, • Repayment of debt during the current reporting period, and • Debt outstanding at the end of the reporting period. Each creditor listed in Schedule E must have an accompanying Schedule E-1 listing each credit card transaction, including: • The date, • The name and address of the business from which the goods or services were purchased, • The purpose of the expenditure, and • The amount of the expenditure. 11. If a political treasurer is unable to balance a report, what should be done? File the report on a timely basis noting that an amendment will be forthcoming. Filing a report late is a violation of the law. 26 12. Does a Campaign Financial Disclosure Report (C-2 form) need to be filed if there have been no contributions or expenditures in the reporting period? Yes. The law requires the treasurer to file the summary page (page 1) of the C-2 form disclosing that no contributions or expenditures occurred during the reporting period—Idaho Code 67-6609. 13. Does the 48 -Hour Notice requirement pertain to contributions of a candidate's personal funds and in-kind contributions? Yes. This requirement applies to all types of contributions, including contributions from the candidate's personal funds, in-kind contributions and loans. Political action committees making last minute in-kind contributions have an obligation to notify affected candidates immediately in order that a timely 48-hour notice may be filed by the candidates. 14. What date of receipt should be entered for a contribution: the date on the check or the date the treasurer received the contribution? The date the treasurer received the contribution. 15. Can Campaign Financial Disclosure Reports be sent to the city clerk by fax? Yes. The treasurer is responsible for making sure the reports arrive at the office of the city clerk by the filing deadline—Idaho Code 67-6607(e). 16. Can computer printouts be used in lieu of the C-2 itemized contribution and expenditure schedules? Yes. Campaign records may be kept on computer and campaign reports generated from them. If you plan to use computer-generated reports in lieu of the C-2 itemized contribution and expenditure schedules, submit a sample copy to the city clerk's office for approval. Treasurers should follow these guidelines for computer reports: ✓ Approximately the same format used in C-2 Schedules A and B. ✓ Clearly label all data. ✓ Reports must provide a calendar year-to-date amount for each contributor. ✓ The font must beat least 10 point. 17. Can a candidate or political committee transfer assets for the purpose of earning interest? Yes. The interest proceeds earned from the investment are listed as a contribution from the investment. For example, money is transferred out of campaign funds into a certificate of deposit. That transaction should not be shown on the campaign report since the money is still considered part of the committee's assets. The type of account the money is in is not relevant to 27 these reports. When interest is earned, it is reported as a contribution from the investment and any service charges are reported as expenditures. 18. Are there any restrictions on the use of campaign funds? Yes. Campaign funds may be used to defray any ordinary and necessary expenses incurred in association with a person's duties in holding public office. However, it is unlawful for campaign funds to be converted to any personal use—i.e. any commitment, obligation, or expense of a person that would exist irrespective of the candidate's election campaign or a successful candidate's duties as an officeholder. The law prohibits campaign funds from being used for: • Home mortgage, rent or utility payments; • Clothing purchases except for items of minimal value such as campaign shirts or hats; • Non -campaign or non -officeholder related automobile expenses; • Country club memberships; • Vacations or other non -campaign related trips; • Tuition payments; • Admission to sporting events, concerts, theater or other entertainment not associated with an election campaign; • Dues, fees and other payments to a health club or recreational facility; and • Meals, groceries or other food expenses, except for tickets to meals that the candidate attends solely for the purpose of enhancing the candidacy of another person or meal expenses which are incurred as part of a campaign activity or as part of a function that is related to the candidate's or officeholder's responsibilities. Excess campaign funds may be transferred to any organization that is exempt from taxation as a bona fide nonprofit charitable, civic, religious, fraternal, patriotic or veterans organization, volunteer fire department, rescue squad, school booster group, or parent -teacher organization Idaho Code 67-6610C. 19. May I have an extension on the due date to file a report? No. The law does not grant the city clerk the authority to give extensions. It is recommended that the candidate or chairman of a political committee file the report on behalf of the treasurer. 20. When and under what circumstances can the reporting requirements be terminated? All candidates/committees may discontinue reporting only when a zero balance is reported on Line 6 of the Summary Page of the C-2 form and no further contributions or expenditures are anticipated. No candidate/committee may terminate prior to an election in which it is involved. The termination report is filed on the C-2 form by checking "Yes" next to the question "Is this a Termination Report?" on the Summary Page. W9. we Appendix A: Examples of Completed Campaign Financial Disclosure Forms Blank campaign disclosure forms can be obtained from the City Clerk's office. 30 Campaign Financial Disclosure Report Summary Page Who Is Reporting? Type of Report Termination No Financial Transactions SECTION I Complete the information for the candidate or committee and the treasurer filing the report. SECTION II Check the box for the type of report being filed and enter the dates of the reporting period. Check "Yes" if this is the last report you will file. SECTION III To be completed only if the candidate/committee has accepted no contributions and made no expenditures during this reporting period. SECTION IV Summary of Financial Activity This section is always completed whether or not the candidate or committee had © Signature financial activity for the reporting period. Section IV is a summary of financial activity for the reporting period and the calendar year. Totals from the Detailed Summary Page are brought forward to arrive at the cash balance for the end of reporting period. SECTION V Political treasurer signs the certification. Complete Section IV of Summary Page as follows: On lines 4 & 6 of Section IV on the Summary Page you are asked to add or subtract—do not mix the figures in columns I and II. Column II Figures: With the exception of lines 1, 2 and 6, all entries from column II of your previous report should be added to the entries in column I of your current report to obtain the calendar year-to-date figures for column II of the current report. Example: On line 3, column II of the October 10 Pre -General Report the amount shown is $7,435.15. On line 3, column I of the 7 -Day Pre -General Report the amount shown is $8,668.97. Line 3, column II of the 7 -Day Pre -General Report should be the two figures added together ($16,104.12). The column II figure of $16,104.12 is the total of all contributions received by the candidate or committee during the calendar year. 31 CAMPAIGN FINANCIAL DISCLOSURE REPORT SUMMARY PAGE (Please Print or Type) C-2 0107 Name of Candidate or Political Committee and Chairperson Office SMht ('rt candidate) Seat 0 arty) Jahn Doe Mayor N/A ng,Address Cry and Zip Horne Fnone oit Phone 1820 Lucky Lane Anytown, ID 83211 888-6747 888-2000 Nam of Politicalreasurer Donna Doe rng rens Cityan ip Home Phone Work Phone 1820 Lucky Lane ,Anytown, ID 83211 888-6847 None Change of address for: Candidate or Political Committee ❑ Political Treasurer ❑ Section 11 TYPE OF REPORT QThis filing is an: ■ Original This report is for the period from 10 1_ ❑ October 10 Pre -General Report ❑ Annual Report ® Amendment 01 1 11 through 10 1 23 1 11 ■ 7 Day Pre -General Report OIs this a Termination Report: ❑ Yes 9 No ❑ 30 Day Post -General Report Section III STATEMENT OF NO CONTRIBUTIONS OR EXPENDITURES Directions: If you had no contributions or expenditures during this reporting period, check the box next to the statement below and sign this report. 110 Be sure to carry forward the appropriate 'Calendar Year to Date" figures in Column 11, Section IV. ❑ i hereby certify that I have received no contributions and have made no expenditures during this reporting period. Section IV SUMMARY © To reach your Calendar Year to Date figure: Add this report's Column I COLUMN I COLUMN 11 figures to the Column II figures of your previous report (except on line 6). This Period Calendar Year to Date Line 1: Cash on Hand January 1, This Calendar Year* $ XX XXX $ 1,000.00 Line 2: Enter Beginning Cash Balance*` $ 300.00 $ XXXXXX Line 3: Total Contributions (Enter amount from line 5, page 2) $ 8,668.97 $ 16,104.12 Line 4: Subtotal (Add lines 1, 2 and 3) $ 8,968.97 $ 17,104.12 Line 5: Total Expenditures (Enter amount from line 11, page 2) $ 5,646,47 $ 1,017.53 Line 8: Enter Ending Cash Balance (Subtract line 5 from line 4) $ 3,322.50 $ 16,086.59 Line 7: Outstanding Debt to Date (Enter amount from line 18, page 2) $ 13,660.00 *This same figure should be entered on line 1 of all reports filed this calendar year. "Thais is the figure on line 6 of the last Campaign Financial Disclosure Report filed. If this is your first report, this amount is 0. Note: The closing cash balance for the current reporting period appears on the next report as the beginning cash on hand. Section V I, Donna Dae , hereby certify that the information in this Name of Political Treasurer report is a true, complete and correct Campaign Financial Disclosure Report as required by law. Page 1 32 Signature of Political Treasurer Campaign Financial Disclosure Report Detailed Summary Page OWho Is Reporting? Enter the name of the candidate or committee. Types of Contributions Unitemized—total dollar value of contributions of $50 or less. Itemized—total dollar value of combined totals from Schedule A(s). In-Kind—total dollar value of combined totals from Schedule C(s). Loans—total dollar value of combined totals from Schedule D(s). ONumber of Contributors Enter the number of contributors who make up the unitemized contributions for the current reporting period. OI Total Contributions Transfer this figure to Page 1, Section IV, Line 3. ® Types of Expenditures Unitemized—total dollar value of expenditures of $25 or less. 33 Itemized—total dollar value of combined totals from Schedule B(s). In-Kind—total dollar value of combined totals from Schedule C(s). Loan Repayments—total dollar value of combined totals from Schedule D(s). Credit Card and Debt Repayments—total dollar value of combined totals of repayments from Schedule E (s). © Number of Expenditures Enter the number of expenditures that make up the unitemized expenditures for the current reporting period. OTotal Expenditures Transfer this figure to Page 1, Section IV, Line 5. ® Loans, Credit Cards & Debt Outstanding balance—balance from previous reporting period. New Loans Received—combined total of all new loans plus accrued interest from Schedule D(s). New Credit Card and Debt Incurred—combined total of all new incurred debt from Schedule E(s). Repayment of Loans—combined total of all loan repayments from Schedule D(s). Enter as a negative amount. Repayment of Credit Card & Debt—combined total of all credit card and debt repayment from Schedule E(s). Enter as a negative amount. © Total Outstanding Balance Enter this figure on page 1, Section IV, line 7 OTypes of Pledged Contributions Unitemized—total dollar value of pledged contributions of $50 or less. Itemized—total dollar value of combined total of Schedule F(s). © Number of Pledges Enter the number of pledged contributions that make up the unitemized pledged contributions for the current reporting period. ® Total Pledged Contributions Total dollar amount of all pledged contributions this period. 33 ru FIB Vol f 4 rE� DETAILED SUMMARY Name of Candidate or Committee: John Doe Expenditures Total This Period Contributions + $ 350.00 Unitemized Contributions ($50 and less) is # of Contributors 35 + $ 1,600.00 Itemized Contributions (Total of all Schedule A sheets) + $ 3,051.00 In -Kind Contributions (Total of all Contribution amounts from Schedule C sheets) + $ 1,017.97 Loans (Total of all New Loan amounts from Schedule D sheets) + $ 3,000.00 Total Contributions (Transfer this figure to page 1, Section IV, Line 3) = $ 8,668.97 Expenditures Unitemized Expenditures ($25 and less) # of Expenditures 16 + $ 350.00 Itemized Expenditures (Total of all Schedule B sheets) + $ 1,933.50 In -Kind Expenditures (Total of all Expenditure amounts from Schedule C sheets) + $ 862.97 Loan Repayments (Total of all Loan Repayment amounts from Schedule D sheets) + $ 750.00 Credit Card and Debt Repayments (Total of all Repayment amounts from Schedule E sheets) + $ 1,750.00 Total Expenditures (Transfer this figure to page 1, Section IV, Line 5) ; $ 5,06.47 Loans, Credit Cards and Debt Outstanding Balance from previous reporting period + $ 2,000.00 New Loans received during this reporting period (Total of all New Loan amounts plus Accrued Interest from Schedule D sheets) + $ 3,010.00 New Credit Card and Debt incurred this reporting period (Total of all New Incurred Debt amounts from Schedule E sheets) + $ 11,150.00 Subtotal = $ 16,160.00 Repayments of Loans made during this reporting period (Total of all Loan Repayment amounts from Schedule D sheets) $-750.00 Repayments of Credit Card and Debt this reporting period (Total of all Debt Repayment amounts from Schedule E sheets) - $ -1,750.00 Total Outstanding Balance at close of this period (Transfer this figure to page 1, Section IV, Line 7) _ $ 13,660.00 Pledged Contributions Unitemized Pledged Contributions ($50 and less) # of Pledges 21 + $ 1,000.00 Itemized Pledged Contributions this Period (Total of all Schedule F sheets) + $ 1,300.00 Total Pledged Contributions this period = $ 2,300.00 Page 2 I<' Schedule A Itemized Contributions © Page Indicate page number in relation to the number of Schedule A pages filed. Example: One page of Schedule A is filed, so this is page 1 of 1. is Who reporting? Name of the candidate or committee. Each Entry Must Have: 1. Complete date. 2. Check box for general election (there are no primaries in Idaho city elections). 3. First and last name (or full organizational name) and the complete mailing address of contributor. 4. Amount of contribution and calendar year-to-date total for contributor. OSpouse Contribution With this $500 contribution, the candidate's spouse reached the contribution limit for the election. © Year -to -Date A contribution of $10 was reported with the unitemized contributions on a previous report. The $100 contribution added to the $10 exceeds the $50 threshold for the calendar year - requiring the name and address of the contributor to be itemized for this reporting period. © Add Column Total Enter the total of all new contributions for this reporting period listed on this page of Schedule A (do not include year-to-date contributions). OTotal Add the subtotals of all Schedule As (if applicable). Grand total of the itemized contributions is entered on Line 2 of the Detailed Summary Page. 35 a] SCHEDULE AO age ot ITEMIZED CONTRIBUTIONS 1 1 of more than Fifty Dollars {$50.00} this period Name of Candidate or Committee. Jahn Doe Date Received Full Name, Mailing Address and Zip Code of Contributor Cash or Cheek 10 I 1 1 11 — — — ■ General Donna Doe 1820 Lucky Lane Anytown, ID 83211 500.00 $ Calendar rrearr--7o-Date 10 /2 1 11 2. Dave Johnson PD Box 68 Anytown, ID 83211 $ 100.00 $ 1 OOAO ■ General Calendar Year -To -Date 10 1 5 1 11 ■ General 3. Ann Smith P® Box 12 Anytown, ID 83211 $ 100.00 $ 110.40 Calendar Year -To -Dale 10 1 11 /11 4. Dave Black Route 1, Box 40 Lewis, AZ 85541 $ 100.00 $ 100.00 ■ General Calendar Year -To -Date 14 1 12111 --- ■ General 5. William Bonney H.C.R.2 Anytown, ID 83211 $ 20080 $ 240'00 Calendar Year -7o -Dale 10 1 13 1 11 --- ■ General 6. Tim White 413 3rd West Anytown, ID 83211 5' $ 60.00 $ 60'04 CalendarYear-7o-6ate 10 1 15 1 11 7. Jeff Jones 2735 Apple Street Anytown, ID 83211 y $ 156.00 $ 15680 ■ General Calendar Year -7o -Date 10 1 181 11 8. Samantha Doe 45035 Villa Rancho +Coasttown, CA 99950 $ 500.00 $ 500.00 calendar Year -To -Date ■ General 10 1 181 11 9. North Idaho PAC 7711 South "E" Street Fairmonth, ID 83280 $ 950.00 $ 95480 ■ General Calendar Year -7o -Dale 10 1 181 11 10. Thomas Kershaw Wilder Lane Plainvies. ID 83445 $ 385.00 $ 385.00 Calendarrear-To-Date N General Total This Page: $ 3,051.00 sp Transfer the combined total of all Schedule A pages to the Detailed Summary on page 2 line 2. 36 Schedule B Itemized Expenditures © Auto Expense The actual cost of operating a car should be reported—however the cost of travel by car may be estimated at 51 cents per mile. © Out of pocket expense Candidate's son personally paid for car expenses not using funds from the campaign account. When the son is reimbursed by the campaign, the amount of the reimbursement is reported in Schedule B. OAdd Column Total Enter the total. Only add the amounts from this period. © Total Add the subtotals of all Schedule Bs (if applicable). The grand total of itemized expenditures is entered on line 7 of the Detailed Summary Page. 37 Page Indicate page number in relation to the number of Schedule B pages filed. Example: one page of Schedule B is filed, so this is page 1 of 1. Who Is Reporting? Name of the candidate or committee. O Purpose Code Each entry should fall under one of the listed categories. The letter that corresponds to each entry's purpose will be entered under the column labeled "Purpose Code." OI Each Entry Must Have: 1. Complete date. 2. First and last name (or full organizational/vendor name) and the complete address of recipient. 3. Purpose code letter (from list) 4. Amount of expenditure © Auto Expense The actual cost of operating a car should be reported—however the cost of travel by car may be estimated at 51 cents per mile. © Out of pocket expense Candidate's son personally paid for car expenses not using funds from the campaign account. When the son is reimbursed by the campaign, the amount of the reimbursement is reported in Schedule B. OAdd Column Total Enter the total. Only add the amounts from this period. © Total Add the subtotals of all Schedule Bs (if applicable). The grand total of itemized expenditures is entered on line 7 of the Detailed Summary Page. 37 [A [A Date Spent SCHEDULE BO 1 age ° 1 Purpose Cade ITEMIZED EXPENDITURES 1 • 1 st USA Bank Twenty -Five Dollars ($25.€10) or more this period i Name of Candidate or Committee: John Doe Purpose Codes Anytown, ID 83211 A All Travel Expenses (Airfare, Fuel, Lodging & Mileage) N Newspaper & Other Periodical Advertising O B Broadcast Advertising (Radio, TV & Internet) O Other Advertising (Yard Signs, Buttons, etc.) C Contributions to Candidates & PAC's P Postage D Donations & Gifts S Surveys & Polls Anytown, ID 83211 E Event Expenses T Tickets (Events) 3• Walker Agency F Food & Refreshments U Utilities G General Operational Expenses W Wages, Salaries, Benefits & Bonuses L Literature, Brochures, Printing Y Petition Circulators Boise, ID 83701 M Management Services. Z Preparation & Production of Advertising O L 2015 Dover Dr. 1.0 ! 18 !_11 Meridian, ID 83542 [A [A Date Spent Full Marne, Mailing Address and Zip Code of Recipient Purpose Cade Cash or Check 1 • 1 st USA Bank Y PO Box 123 10 1 051 11 Anytown, ID 83211 $ 42.50 2. Brown's Gas A 321 Auto Lane 10 1 12.1 11 Anytown, ID 83211 $ 72.00 3• Walker Agency G 200 S. 9th St. 10/ 151 11 Boise, ID 83701 $ 500.00 4. Sam Smith L 2015 Dover Dr. 1.0 ! 18 !_11 Meridian, ID 83542 $ 250.00 5. Acorn Office Rentals G PO Box 200 10 1 181 11 Boise, ID 83701 $ 1,000.00 6. Donald Doe A 1820 Lucky Lane 10 1 181 11 Anytown, ID 83211 $ 69.00 7. 1 1 $ 8. ! 1 $ 9. 10. 1 1 $ 49 Total This Page: $ 1,933.50 0 Transfer the combined total of all Schedule B pages to the Detailed Summary on page 2 line 7. Schedule C In -Kind Contributions and Expenditures OPage Indicate page number in relation to the number of Schedule C pages filed. Example: one page of Schedule C is filed, so this is page 1 of 1. Who Is Reporting? Name of the candidate or committee. Purpose Code Each entry should fall under one of the listed categories. The letter that corresponds to each entry's purpose will be entered under "Purpose Code." OEach Entry Must Have: 1. Complete date. 2. Check box for general election (there are no primaries in Idaho city elections). 3. First and last name (or full organizational/vendor name) and mailing address of the contributor and the recipient of the expenditure. 4. Amount of contribution or expenditure. 5. Amount of contribution for the calendar year-to-date. 6. Purpose Code letter (from list). © In -Kind Contribution Candidate's son paid for travel expenses with his own money, so it is shown on Schedule C. When the son is reimbursed from the campaign, this is reported on Schedule B. © Expenditures Total Add the total In -Kind expenditures for this period from Schedule C(s). © Contributions Total Enter the total contributions for this period from Schedule C(s). Only add the amounts from this period. Do not include the total amount to date. SCHEDULE CO aye 01. IPS -KIND CONTRIBUTIONS and EXPENDITURES l I1 61 Name of Candidate or Committee: Jahn Doe Purpose Codes Contributor Name, Mailing Address and Zip Code O A All Travel Expenses (Airfare, Fuel, Lodging & Mileage) N Newspaper & Other Periodical Advertising B Broadcast Advertising (Radio, TV & Internet) 0 Other Advertising (Yard Signs, Buttons, etc.) C Contributions to Candidates & PAC's P Postage D Donations & Gifts S Surveys & Palls E Event Expenses T Tickets (Events) F Food & Refreshments U Utilities G General Operational Expenses W Wages, Salaries, Benefits & Bonuses L Literature, Brochures, Printing Y Petition Circulators M Management Services Z Preparation & Production of Advertising O v 1. Contributor Name, Mailing Address and Zip Code tU 1 10 111 — — — Donald Doe $ 69.00 i General 1820 Lucky Lane Anytown, ID 83211 $ 69.00 calendar Year -To -Date Expenditure Name, Mailing Address and Zip Code Purpose Code Donald Doe 1820 Lucky Lane Anytown, ID 83211 $ 69.00 A 2. 10 1 161 11 Contributor Name, Mailing Address and Zip Code Bill Smith $ 250.00 N General P© Box 27 Anytown, ID 83211 $ 400.00 Calendar Year -To -Date Expenditure Name, Mailing Address and Zip Code Purpose Code Signs by Design - Bill Smith O PO Box 27 Anytown, ID 83211 $ 95.00 3. 10 1 181 11 --- Contributor Name, Mailing Address and Zip Code HOW Employees React PAC $ 698'97 ■ General PO Box 33 Washington, DC 21111 $ 698.97 Calendar Year -To -Date Expenditure Name, Mailing Address and Zip Code Purpose Code Best Results W 1600 W. 1100 N. Olympia, WA 98504 $ 698.97 4, Contributor Name, Mailing Address and Zip Code 1 1 $ Calendar Year-T"ate Expenditure Name, Mailing Address and Zip Code Purpose Code $ 0.00 Expenditure Total: © (Transfer the combined total of all Expenditures on Schedule C pages $ 862.97 to the Detailed Summary, page 2 line 8) $ 1,017.97 Contributor Total: O(Transfer the combined total of all Contributors on Schedule C pages to the Detailed Summary, page 2 line 3) M Schedule D Loans OEach Entry Must Have: 1. Name, mailing address, and zip code of lender. 41 2. Previous balance of loans at the end of the last reporting period. 3. New loan amount received and date during this reporting period. 4. Interest accrued during this reporting period. 5. Repayment of loan and date during this reporting period, 6. Outstanding balance at the end of this reporting period. i Loan From Candidate The candidate loaned his campaign $2,000 on October 8. Contributions or loans from the candidate's personal funds are not subject to the $1,000 contribution limit, but must be reported. OPrevious Balance Total Add all previous reporting period outstanding balances. OReceived Total Total of all loans received this reporting period. © Interest Total Total of all interest accrued during this reporting period. © Repayments Total Total of all repayments made during this reporting period. Make sure to enter this number as a negative amount. Transfer the combined total of all loan repayments to the Detailed Summary, Page 2, Lines 9 and 16. is Ending Balance Total Total of all outstanding balances as of this reporting period. Note: Total the ending balance amounts from Schedule D(s) and Schedule E(s) and report this figure on the Detailed Summary Page 2, Line 18. 41 11 M D SCHEDULE D LOANS Each Lender to your campaign should be listed separately. Each time a loan is received or you loan money to the campaign, it must be lusted as a separate item. Each new loan from any Lender must be listed as a new item from that Lender. You may have the same Lender listed more than once. Except for a candidate making a loan to his or her own campaign, loans from any Lender cannot exceed contribution limits laid out in Section 67-6610A, Idaho Code, even if it is repaid in full. Any loan(s) with a balance(s) appearing on the last report must be listed below with the amount in the Previous Balance column. Any new loan amounts should be listed in the New Loan column. Any interest accrued should be listed in the Interest Accrued column. If a payment was made on the loan, list it in the Repayments column. Note: Any loan that was repaid in full in a previous reporting period does not need to be listed. The Outstanding Balance column is the Previous Balance plus new loans and accrued interest less any repayments. Name, Mailing Address and Zip Previous Balance New Loan amount Interest accrued Repayments of Loan Balance Code of Lender of loan at the received during this during this during this reporting outstanding at (Candidate, Individual or Business) end of the last reporting period reporting period period the end of this reporting period reporting period 1. i st USA Bank ° °0 Date: 1a.aa Date: 260.00 Ro Box 123 114 103/ 111 110 1 131 11 Anytown, ID 83211 Amount: Amount: Candidate 1.000.00 $ -750.00 2. Bohn Doe Date: Date: Date: 0.00 10 1 08 1 11 1824 Lucky Lane Amount: Amount: Amount: Anytown, ND 83211 2,000.04 $ 3. Date: Date: 1 r 1 r Amount: Amount: q Data: Date: Amount: Amount: Amount: Date: Date: 1 r 1 1 Amount: Amount: 6. Date: Date: Amount: Amount: Amount: 7 Data: Date: Amount: Amount: Previous Received interest Repayments Ending Balance OPrevious Total $ 0,00 Received Total: (Transfer the combined total of all received loans to the $ 3,000.00 Detailed Summary, page 2 line 4) ® Interest Total: $ 10.00 Repayments Total: © (Transfer the combined total of all loan repayments to the $ -750.00 {detailed Summary, page 2 line 9 & 16] OEnding Balance Total: $ 25260.00 (NOTE: Transfer the combined total of all Accrued Interest and Received Loans to the Detailed Summary, page 2 line 13) 42 Schedule E Credit Cards and Debt © Each Entry Must Have: 1. Name, mailing address, and zip code of creditor. 2. Previous balance of debt at the end of the last reporting period. 3. New debt amount received and date during this reporting period. 4. Repayment of debt and date during this reporting period, 5. Outstanding balance at the end of this reporting period. i Previous Balance Total Add all previous reporting period outstanding balances. New Debt Total Total of all new debt incurred this reporting period. Transfer the combined total of all incurred debt to the Detailed Summary, Page 2, Line 14 OI Debt Repayments Total Total of all debt repayments this reporting period. Remember to enter this number as a negative amount. Transfer the combined total of all debt repayments to the Detailed Summary, Page 2, Lines 10 and 17. ® Ending Balance Total Total of all ending balances this reporting period. Note: Total ending balance amounts from Schedule D(s) and Schedule E(s) and report this figure on the Detailed Summary Page 2, Line 18. 43 �A SCHEDULE E CREDIT CARDS and DEBT Each incurred expense not yet paid (i.e. credit card purchases and debt) should be listed on a separate line. Each time you make purchases with a credit card or incur debt, it is considered to be a separate item. However, you will maintain a single item for each credit card and add purchases to that item. Each Creditor listed below with a New Debt amount must have a Schedule E-1 accompanying it, The Schedule E-1 lists where and when the debt was incurred. Credit Cards are considered debt to the campaign. Regardless of whether the credit card is repaid when the statement is received, all credit card transactions will appear on Schedule E and E-1. However, only Repayments of Debt during this reporting period appear in the Expenditure Section of the Detailed Summary Page. Any creditor(s) with a balance(s) appearing on the last report must be listed below with the amount in the Previous Balance column. Any new debt should be listed in the New Debt column, including any accrued interest. If a payment was made on the debt, list it in the Repayments column. Note: Any debt that was repaid in full in a previous reporting period does not need to be listed. The Outstanding Balance column is the Previous Balance plus New Debt less any Repayments of Debt. Name, Mailing Address and Zip Code of Previous Balance of New Debt amount Repayments of Debt Balance outstanding Creditor debt at the end of the incurred during this during this reporting at the end of this (Candidate, Individual or Business) last reporting period reporting period period reporting period 1. Mastercard Inc. 0.00 Date: Date: Date: 900.00 Box 6000 f 1 1 ] ] { Amount Amount: Williams, DE 01234 $ 900.00 $ 2. Media Associates 0.00 Date: Date: 7,000.00 800 Maple Ave. X111 11 il_1� Anytown, ID 83211 Amount: $ 7,000.00 Amount: $. 3. Skyline Aviation 0,40 Date: Date: 1,500.00 100 Main Street -LL/-i2-Ll —1 Amount: Amount: Everytown, ID 832.45 $ 1,500.00 $ 4. Walker Agency 1,000.00 Date:1 151 11 10 Date: 10 /18 /1 I 1,250.00 200 S. 9th St. Amount: Amount: Boise, ID 83701 $ 750.00 $ -500.00 b• Sam Smith 0.00 Date: 10 1 18! 11 Date: 10 118 111 750.00 2015 Dover Dr. Amount: Amount: Meridian, ID 83542 $ 1,000.00 $ -250.00 E. Acorn Office Rentals 1,000.00 Date:Datee: 0.00 PO Box 200 1 1 1 181 11 0 ! 18 — Boise, ID 83701 Amount: $ 0.00 Am $ -1,000.00 Previous Incurred Repayments Ending Balance Previous Total: $ 2,000,00 Incurred Total: O(Transfer the combined total of all incurred debt to the $ 11 9150.00 Detailed Summary, page 2 line 14) Repayments Total: O(Transfer the combined total of all debt repayments to the $ –1,750.00 Detailed Summary, page 2 line 10 & 17) © Ending Balance Total: $ 11 1400.00 Schedule E-1 Credit Card and Debt Itemization OPage Indicate page number in relation to the number of Schedule E-1 pages filed. Example: Six pages of Schedule E-1 are filed, so this is page 1 of 6. C Name of Creditor Name of the creditor from Schedule E. OPurpose Code Each entry should fall under one of the listed categories. The letter that corresponds to each entry's purpose will be entered under the column labeled "Purpose Code." OI Each Entry Must Have: 1. Complete date. 2. First and last name (or full organizational/vendor name) and the complete mailing address of recipient. 3. Purpose Code letter (from list) 4. Amount of expenditure © Total Enter the total Expenditures for this period from all Schedule E- Is for this particular creditor. The total of itemization for this creditor should equal the new debt amount listed in Schedule E for this creditor. 45 SCHEDULE E-1 Fage 1 b CREDIT CARD and DEBT ITEMIZATION Q Name of Creditor from Schedule E: MasterCard Each Creditor fisted on Schedule E with a New Debt amount must have a Schedule E-1 accompanying it. The Schedule E-1 lists where and when the debt was incurred. Purpose Codes Full Name, Mailing Address and Tip Code of Expenditure Purpose Code Amount All Travel Expenses (Airfare, Fuel, Lodging & Mileage) N Newspaper & Other Periodical Advertising OA B Broadcast Advertising (Radio, TV& Internet) O Other Advertising (Yard Signs, Buttons, etc.) C Contributions to Candidates & PAC's P Postage D Donations & Gifts S Surveys & Polls E Event Expenses T Tickets (Events) F Food & Refreshments U Utilities G General Operational Expenses W Wages, Salaries, Benefits & Bonuses I Interest Accrued & Finance Charges Y Petition Circulators L Literature, Brochures, Printing Z Preparation & Production of Advertising M Management Services 4. O Date Incurred Full Name, Mailing Address and Tip Code of Expenditure Purpose Code Amount I= Big -0 Tires A, 11345 Broadway 10 / 021 11 Boise, ID 83701 $ 300.00 2. Quick Ship and Copy P I 1 S. 9th St. 10 102 11 Anytown, ID 83211 $ 150.00 3. Anytown State pair E 213 Main Street 10 /18 /11 Anytown, ID 83211 $ 450.00 4. 1 1 $ 5. 1 ! $ 6. 1 $ T. $ 8. �f $ 9. J 1 $ Total This Page: $ 900.00 The total of itemization for this creditor should equal the new loan amount listed on Schedule E for this creditor. we QPage O Who Is Reporting? Schedule F Pledged Contributions Not Yet Received Indicate page number in relation to the number of Schedule F pages filed. Example: one page of Schedule F is filed, so this is page 1 of 1. Name of the candidate or committee. Each Entry Must Have: 1. Complete date. 2. First and last name (or full organizational name) and the complete mailing address of contributor. 3. Amount pledged. OI Total Enter the total of Pledged Contributions listed on this page. Transfer the combined total of all Schedule F pages to the Detailed Summary, Page 2, Line 20. 47 SCHEDULE F © age o 1 PLEDGED CONTRIBUTIONS BUT NOT YET RECEIVED Name of Candidate or Committee; John Doe Directions: Complete this schedule if you were promised and agreed to accept a contribution during this reporting period but have not actually received the money, goods or services offered before the end of the reporting period. Do not include these entries on Schedule A until you actually receive the contribution, pl Total Amount of Pledged Contributions; $1,300.00 Transfer the combined total of all Schedule F pages to the Detailed Summary on page 2 line 20. .• Full Name, Mailing Address and Zip Code of Contributor Amount Pledged 1. Levi Construction 100.00 [10ate:PledgeOd 800 Elm Street Anytown, ID 83211 2. Permanent Paving 100.00 PO Box 721 10 108 LIL L11 Idaho Falls, ID 83483 3. Meirs 'Engineering 100.00 PO Box 67 10 /15 111 Capitol City, ID 83701 4. Central Idaho PAC 1,000.00 10 18 I1 PO Box 198 —1—�— Anytown. ID 83280 5. /—I- 16. 6. 7. 1 f 8. ! 1 9. r r 16, 11. pl Total Amount of Pledged Contributions; $1,300.00 Transfer the combined total of all Schedule F pages to the Detailed Summary on page 2 line 20. .• Form C-5: 48 -Hour Notice Of Contributions/Loans Received of $1,000 or More QWho is Reporting? Name, full address, and seat (if applicable) of candidate or committee. Each entry must have: 1. Complete date. 2. First and last name (or full organizational name) and the complete mailing address of contributor or lender. 3. Amount and category of money received. Self -Contributor The candidate loaned $2,000 to his own campaign. This amount is a also listed on Schedule D of Form C-2 on the 30 Day Post -General Report. OSignature This line must be signed by the campaign's political treasurer. ,• O E [C] g 48 HOUR NOTICE c-5 OF CONTRIBUTIONS I LOANS RECEIVED Rev.O81o7 fQ of $1,000 or more i Directions: Use this form to report any contribution of one thousand dollars ($1,000) or more, received after the sixteenth (16) day before, but more than forty-eight (48) hours before, any [... ] general election. Notification must be made within forty-eight (48) hours after receipt of such contribution. (Sec. 61-6607(c), l.C.) 2011 Elections 48 Hour Notice required for Gontrlbutions: Cash or In -Kind General Election October 24, 2011 through November 5, 2011 This requirement applies to all types of contributions, including but not limited to: cash contributions in-kind contributions • loans • contributions or personal loans made by the candidate Name of Candidate or Committee: John Doe NIA Seat (if an M ail i n g Add ress: 1520 Lucky Lane City and Zip Code: Anytown ID 53211 Date Full Name, Mailing Address and Zip Code Cash or In -Kind Received of n ri t rlLender Check (non -monetary) Loan 1 si USA Bank 1 Po Box 123 10/28/11 Anytown, ID 83211 $ $ $ 1.000.00 John Doe 2. 1820 Lucky Lane 11 /01111 Anytown, ID 83211 $ $2.000.00 3. 1 I $ $ $ Donna Doe Name of Political Treasuref report is a true, complete and correct. ru 50 hereby certify that the information in this Signature of Political Treasurer Appendix B: Idaho Sunshine Law—Idaho Code Title 67, Chapter 66 Please note that the text of the code sections below has been conformed to the requirements applying specifically to city elections: all references to primary elections have been removed, the city clerk has been named in place of the Secretary of State, and sections dealing with lobbyist disclosure are omitted. 50-420. APPLICATION OF CAMPAIGN REPORTING LAW TO ELECTIONS IN CERTAIN CITIES. The provisions of sections 67-6601 through 67-6616 and 67-6623 through 67-6630, Idaho Code, are hereby made applicable to all elections for mayor, councilman and citywide measures in cities of five thousand (5,000) or more population, except that the city clerk shall stand in place of the secretary of state, and the city attorney shall stand in place of the attorney general. 67-6601. PURPOSE OF ACT. The purpose of this act is: (a) To promote public confidence in government; and (b) To promote openness in government and avoiding secrecy by those giving financial support to state election campaigns and those promoting or opposing legislation or attempting to influence executive or administrative actions for compensation at the state level. 67-6602. DEFINITIONS. As used in this chapter, the following terms have the following meanings: (a) "Candidate" means an individual who has taken affirmative action to seek nomination or election to public office. An individual shall be deemed to have taken affirmative action to seek such nomination or election to public office when he first: (1) Receives contributions or makes expenditures or reserves space or facilities with intent to promote his candidacy for office; or (2) Announces publicly or files for office. (3) For purposes of this chapter, an incumbent shall be presumed to be a candidate in the subsequent election for his or her office. Contributions received by an incumbent candidate shall not be in excess of the prescribed contribution limits for the subsequent election by which the incumbent candidate's name would first appear on the ballot. An incumbent shall no longer be a candidate for 51 his or her office after the deadline for the filing of a declaration of candidacy to first appear on the ballot for that office has expired. (b) "Compensation" includes any advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge or transfer of money or anything of value, and any contract, agreement, promise or other obligation, whether or not legally enforceable, to do any of the foregoing, for services rendered or to be rendered, but does not include reimbursement of expenses if such reimbursement does not exceed the amount actually expended for such expenses and is substantiated by an itemization of such expenses. (c) "Contribution" includes any advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, subscription or transfer of money or anything of value, and any contract, agreement, promise or other obligation, whether or not legally enforceable, to make a contribution, in support of or in opposition to any candidate, political committee or measure. Such term also includes personal funds or other property of a candidate or members of his household expended or transferred to cover expenditures incurred in support of such candidate but does not include personal funds used to pay the candidate filing fee. Such term also includes the rendering of personal and professional services for less than full consideration, but does not include ordinary home hospitality or the rendering of "part-time" personal services of the sort commonly performed by volunteer campaign workers or advisors or incidental expenses not in excess of twenty-five dollars ($25.00) personally paid for by any volunteer campaign worker. "Part-time" services for the purposes of this definition, means services in addition to regular full-time employment, or, in the case of an unemployed person or persons engaged in part-time employment, services rendered without compensation or reimbursement of expenses from any source other than the candidate or political committee for whom such services are rendered. For the purposes of this act, contributions, other than money or its equivalents shall be deemed to have a money value equivalent to the fair market value of the contribution. (d) 'Election" means any general, special or primary election. (e) "Election campaign" means any campaign in support of or in opposition to a candidate for election to public office and any campaign in support of, or in opposition to, a measure. (f) (1) 'Electioneering communication" means any communication broadcast by television or radio, printed in a newspaper or on a billboard, directly mailed or delivered by hand to personal residences, or telephone calls made to personal residences, or otherwise distributed that: (i) Unambiguously refers to any candidate; and 52 (ii) Is broadcasted, printed, mailed, delivered, made or distributed within thirty (30) days before a primary election or sixty (60) days before a general election; and (iii) Is broadcasted to, printed in a newspaper, distributed to, mailed to or delivered by hand to, telephone calls made to, or otherwise distributed to an audience that includes members of the electorate for such public office. (2) "Electioneering communication" does not include: (i) Any news articles, editorial endorsements, opinion or commentary, writings, or letter to the editor printed in a newspaper, magazine, or other periodical not owned or controlled by a candidate or political parry; (ii) Any editorial endorsements or opinions aired by a broadcast facility not owned or controlled by a candidate or political party; (iii) Any communication by persons made in the regular course and scope of their business or any communication made by a membership organization solely to members of such organization and their families; (iv) Any communication which refers to any candidate only as part of the popular name of a bill or statute; (v) A communication which constitutes an expenditure or an independent expenditure under this chapter. Subsection (g) provides a definition of "executive official" that is not relevant to campaign finance disclosure. (h) "Expenditure" includes any payment, contribution, subscription, distribution, loan, advance, deposit, or gift of money or anything of value, and includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure. The term "expenditure" also includes a promise to pay, a payment or a transfer of anything of value in exchange for goods, services, property, facilities or anything of value for the purpose of assisting, benefiting or honoring any public official or candidate, or assisting in furthering or opposing any election campaign. (i) "Independent expenditure" means any expenditure by a person for a communication expressly advocating the election, passage or defeat of a clearly identified candidate or measure that is not made with the cooperation or with the prior consent of, or in consultation with, or at the consent of, or in consultation with, or at the request of a suggestion of, a candidate or any agent or authorized committee of the candidate or political committee supporting or opposing a measure. As used in this subsection, "expressly advocating" means any communication containing a message advocating election, passage or defeat including, but not limited to, the name of the candidate or 53 measure, or expression such as "vote for," "elect," "support," "cast your ballot for," 'vote against," "defeat" or "reject." Subsections 6), (k) and (1) provide definitions for "lobby," "lobbyist," and "lobbyist's employer," and are not relevant to campaign finance disclosure. (m) "Measure" means any proposal, to be voted statewide, submitted to the people for their approval or rejection at an election, including any initiative, referendum or revision of or amendment to the state constitution. An initiative or referendum proposal shall be deemed a measure when the attorney general reviews it and gives it a ballot title. (n) "Nonbusiness entity" means any group (of two (2) or more individuals), corporation, association, firm, partnership, committee, club or other organization which: (1) Does not have as its principal purpose the conduct of business activities for profit; and (2) Received during the preceding calendar year contributions, gifts or membership fees, which in the aggregate exceeded ten percent (10%) of its total receipts for such year. (o) "Person" means an individual, corporation, association, firm, partnership, committee, political party, club or other organization or group of persons. (p) "Political committee" means: (1) Any person specifically designated to support or oppose any candidate or measure; or (2) Any person who receives contributions and makes expenditures in an amount exceeding five hundred dollars ($500) in any calendar year for the purpose of supporting or opposing one (1) or more candidates or measures. Any entity registered with the federal election commission shall not be considered a political committee for purposes of this chapter. (3) A county, district or regional committee of a recognized political party shall not be considered a political committee for the purposes of this chapter unless such party committee has expenditures exceeding five thousand dollars ($5,000) in a calendar year. (q) "Political treasurer" means an individual appointed by a candidate or political committee as provided in section 67-6603, Idaho Code. (r) "Public office" means any state office or position, state senator, state representative, and judge of the district court that is filled by election. 54 67-6603. APPOINTMENT OF POLITICAL TREASURER. (a) Each candidate and political committee shall appoint a political treasurer and certify the full name and complete address of the political treasurer to the city clerk. A political treasurer so appointed shall be a registered elector of this state. An individual may be appointed and serve as political treasurer for a candidate and a political committee or two (2) or more candidates or political committees. A candidate may appoint himself his own political treasurer. (b) A candidate or political committee may remove his or its political treasurer. In case of the death, resignation or removal of his or its political treasurer before compliance with all obligations of a political treasurer under this act, such candidate or political committee shall appoint a successor and certify the name and address of the successor in the manner provided in the case of an original appointment. (c) No contribution shall be received or expenditure made by or on behalf of a candidate or political committee: (1) until the candidate or political committee appoints a political treasurer and certifies the name and address of the political treasurer to the city clerk, or in the event of a vacancy in the office of political treasurer, has certified the name and address of the successor as provided therin [therein]; and (2) unless the contribution is received or expenditure made by or through the political treasurer for the candidate or political committee. 67-6604. ACCOUNTS OF POLITICAL TREASURER. (a) The political treasurer for each candidate or political committee shall keep detailed accounts, current within not more than seven (7) days after the date of receiving the contribution or making an expenditure, of all contributions received and all expenditures made by or on behalf of the candidate or political committee that are required to be set forth in a statement filed under this act. (b) Accounts kept by the political treasurer for a candidate or political committee may be inspected, before the election to which the accounts refer, by the city clerk, or his agent or employee, who is making an investigation pursuant to section 67-6615[, Idaho Code]. (c) Accounts kept by a political treasurer shall be preserved by him for at least one (1) year after the date of the election to which the accounts refer or at least one (1) year after the date the last supplemental statement is filed under section 67-6609, [Idaho Code,] whichever is later. 55 67-6605. CONTRIBUTIONS OBTAINED BY A POLITICAL COMMITTEE. Contributions shall not be obtained for a political committee by use of coercion or physical force, by making a contribution a condition of employment or membership, or by using or threatening to use job discrimination or financial reprisals. A political committee may solicit or obtain contributions from individuals as provided in chapter 26, title 44, Idaho Code, or as provided in section 44-2004, Idaho Code. A violation of the provisions of this section shall be punished as provided in subsection (b) of section 67-6625, Idaho Code. 67-6606. EXPENDITURES BY NONBUSINESS ENTITY. (1) Any nonbusiness entity, domiciled in the state of Idaho, which makes expenditures in an amount exceeding one thousand dollars ($1,000) in any calendar year for the purpose of supporting or opposing one (1) or more candidates or measures shall file a statement with the city clerk. The statement shall include: (a) The name and address of the nonbusiness entity and the name and address of its principal officer or directors. (b) The name and address of each person whose fees, dues, payments or other consideration paid to such nonbusiness entity during either of the prior two (2) calendar years has exceeded five hundred dollars ($500) or who is obligated to or has agreed to pay fees, dues, payments or other consideration exceeding five hundred dollars ($500) to such entity during the current year. (2) This statement shall be filed within thirty (30) days of when the one thousand dollar ($1,000) threshold mentioned in subsection (1) of this section is exceeded. 67-6607. REPORTS OF CONTRIBUTIONS AND EXPENDITURES. (a) The political treasurer for each candidate and the political treasurer of each political committee shall file with the city clerk: Subsection (a), paragraphs (1) and (2) provide reporting requirements for primary elections and are not relevant to municipal elections. (3) For all political committees supporting or opposing measures, a statement of all contributions received and all expenditures or encumbrances made by or on behalf of the measure or any candidate or made by or against the measure or any candidate shall be filed on the same dates provided in paragraphs ...(4), (5) and (6) of this subsection; (4) Not later than October 10 immediately preceding a general election in which the candidate or political committee is involved, a statement of all contributions received and all expenditures or encumbrances made by or on behalf of the candidate or political committee since [the certification of the political treasurer] to and including September 30; 56 (5) Not more than fourteen (14) days and not less than seven (7) days before the date of a general election in which the candidate or political committee is involved, a statement of all contributions received and all expenditures or encumbrances made by or on behalf of the candidate or political committee since and including October 1 and to and including the sixteenth day before the general election, together with a cumulative statement showing all such contributions and expenditures or encumbrances to and including the sixteenth day before the general election; and (6) Not more than thirty (30) days after the date of a general election in which the candidate or political committee is involved, a statement of all contributions received and all expenditures or encumbrances made by or on behalf of the candidate or political committee to cover the period since the fifteenth day before the general election to and including the tenth day after the general election. (b) For the first report under this section the reporting period shall cover the period beginning with the first contribution, expenditure, or encumbrance. (c) Notwithstanding any other reports required under this section, the political treasurer for each candidate and any political committee supporting or opposing a measure shall notify the city clerk, in writing, of any contribution of one thousand dollars ($1,000) or more, received by the political treasurer after the sixteenth day before, but more than forty-eight (48) hours before, any primary or general election. This notification shall be made within forty-eight (48) hours after the receipt of such contribution and shall include the name of the candidate or measure, the identification of the contributor, and the date of receipt and amount of the contribution. The notification shall be in addition to the reporting of these contributions in the postelection report. (d) For all reports required pursuant to this section the city clerk shall accept the date of a postmark as the date of receipt except for the seven (7) day preelection reports which must be received by no later than 5:00 p.m. on the seventh day preceding the general election. (e) Any reports required to be filed under the provisions of this section may also be filed by means of an electronic facsimile transmission machine and may be filed by other electronic means as approved by the city clerk. 67-6608. DISPOSITION OF UNEXPENDED BALANCES. (a) If a statement filed under paragraph (3) of subsection (a) of section 67-6607, Idaho Code, pertaining to post -general election reports or under paragraph (6) of subsection (a) of section 67- 6607, Idaho Code, shows an unexpended balance of contributions or an expenditure deficit, the political treasurer for the candidate for nonstatewide office or political committee or measure shall continue to file annual reports on January 31, to cover the period since the end of the last report period, to and including the last day of the month preceding the month in which the report is filed.... Such reports shall be filed until the account shows no unexpended balance of contributions or expenditure deficit. 57 The second sentence of subsection (a) above refers to reporting by candidates for statewide office and is not relevant to municipal elections. Subsection (b) refers to reporting for candidates winning nomination at primary elections and is not relevant to municipal elections. (c) A political committee which is organized after an election shall file reports required by subsection (a) of this section. Subsection (d) refers to reporting by candidates defeated in primary elections and is not relevant to municipal elections. 67-6609. STATEMENT AS TO NO CONTRIBUTION OR EXPENDITURE. If no contribution is received or expenditure made by or on behalf of a candidate or political committee during a period described in section 67-6607 or 67-6608, [Idaho Code,] the political treasurer for the candidate or political committee shall file with the city clerk, at the time required by such section of this act for the period, a statement to that effect. 67-6610. CONTRIBUTION IN EXCESS OF FIFTY DOLLARS. (a) Any person who contributes more than fifty dollars ($50.00) (including one or more smaller contributions which aggregate more than fifty dollars ($50.00) in any one calendar year) to a candidate or political committee shall accompany the contribution with a statement of his full name and complete address. (b) If a political treasurer is offered or receives a payment or contribution of more than fifty dollars ($50.00), or which together with prior contributions from the same person during that calendar year exceeds fifty dollars ($50.00), and there is no statement of the full name and complete address of the person making the contribution, the contribution shall be returned to the contributor if his identity can be ascertained. If the contributor's identity cannot be ascertained, the contribution shall be transmitted immediately by the political treasurer who received it to the state controller for deposit in the public school fund. 67-6610A. LIMITATIONS ON CONTRIBUTIONS. (1) Except as provided in subsection (2) of this section, aggregate contributions for a general election made by a corporation, political committee, other recognized legal entity or an individual, other than the candidate, to a candidate for [mayor or city council], and political committees organized on the candidate's behalf shall be limited to an amount not to exceed one thousand dollars ($1,000) for the general election... The concluding text of subsection (1), as well as subsections (2) and (3) of this section are irrelevant to municipal elections and are not included. 58 (4) Contributions other than money or its equivalent are deemed to have a monetary value equivalent to the fair market value of the contribution. Services or property or rights furnished at less than their fair market value for the purpose of assisting any candidate or political committee are deemed a contribution. A contribution of this kind shall be reported as an in-kind contribution at its fair market value and counts toward any applicable contribution limit of the contributor. Contributions shall not include the personal services of volunteers. (5) The contribution limits for the state legislature shall apply to judicial district offices, city offices and county offices regulated by this chapter. (6) For the purposes of contribution limits, the following apply: (a) A contribution by a political committee with funds that have all been contributed by one (1) person who exercises exclusive control over the distribution of the funds of the political committee is a contribution by the controlling person. (b) All contributions made by a person or political committee whose contribution or expenditure activity is financed, maintained or controlled by a trade association, labor union or collective bargaining organization shall be considered a contribution from such trade association, labor union or collective bargaining organization. (c) Two (2) or more entities are treated as a single entity if the entities: (i) Share the majority of members on their board of directors; (ii) Share two (2) or more officers; (iii) Are owned or controlled by the same majority shareholder or shareholders or persons; (iv) Are in a parent -subsidiary relationship; or (v) Have bylaws so stating. (7) The provisions of this section are hereby declared to be severable and if any provision of this section or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this section. 67-661 OB. RETIRING DEBT. If a political committee organized on behalf of a candidate has unpaid debt at the end of the reporting periods specified in section 67-6607(a)(6), Idaho Code, then the committee may accept additional contributions to retire such unpaid debt, provided the contributions do not exceed the applicable contribution limits prescribed. 59 For the purposes of this section "unpaid debt" means any unpaid monetary obligation incurred by the political committee as listed on the reports filed through the postelection report period minus any cash balance reported on the postelection report. Outstanding loans are considered a type of "unpaid debt." 67-6610C. USE OF CONTRIBUTED AMOUNTS FOR CERTAIN PURPOSES. (1) Permitted uses. A contribution accepted by a candidate may be used by the candidate: (a) For expenditures in connection with the campaign for public office of the candidate; (b) For ordinary and necessary expenses incurred in connection with duties of the individual as a holder of public office; (c) For contributions to an organization described in section 170(c) of the Internal Revenue Code of 1986; (d) For transfers, without limitation, to a national, state or local committee of a political party; (e) For donations to state and local candidates subject to the provisions of state law; or (f) For any other lawful purpose unless prohibited by subsection (2) of this section. (2) Prohibited use. (a) In general. A contribution shall not be converted by any person to personal use. (b) Conversion. For the purposes of subsection (2)(a) of this section, a contribution shall be considered to be converted to personal use if the contribution is used to fulfill any commitment, obligation or expense of a person that would exist irrespective of the candidate's election campaign or individual's duties as a holder of public office, including: (i) A home mortgage, rent or utility payment; (ii) A clothing purchase except for items of de minimis value such as campaign shirts or hats; (iii) A noncampaign or nonofficeholder related automobile expense; (iv) A country club membership; (v) A vacation or other noncampaign-related trip; (vi) A tuition payment; (vii) Admission to a sporting event, concert, theater or other form of entertainment not associated with an election campaign; (viii) Dues, fees and other payments to a health club or recreational facility; and (ix) Meals, groceries or other food expense, except for tickets to meals that the candidate attends solely for the purpose of enhancing the candidacy of another person or meal expenses which are incurred as part of a campaign activity or as part of a function that is related to the candidate's or officeholder's responsibilities. 67-6611. INDEPENDENT EXPENDITURES. (1) Each person who makes independent expenditures in an aggregate amount exceeding one hundred dollars ($100) in support of or in opposition to any one (1) candidate, political committee or measure, shall file a statement of the expenditure with the city clerk. (2) Statements shall be filed with the city clerk, not less than seven (7) days prior to the general election and thirty (30) days after the general election. (3) The statement shall contain the following information: (a) the name and address of any person to whom an expenditure in excess of fifty dollars ($50.00) has been made by any such person in support of or in opposition to any such candidate or issue during the reporting period, together with the amount, date and purpose of each such expenditure; and (b) the total sum of all expenditures made in support of or in opposition to any such candidate or measure. (4) In addition to the requirements set forth in subsections (1) and (2) of this section, each person who makes independent expenditures in an aggregate amount of one thousand dollars ($1,000) or more after the sixteenth day before, but more than forty-eight (48) hours before, any general election, shall file a written statement of the expenditure with the city clerk not more than forty-eight (48) hours from the time of such expenditure. The statement shall include the information required in subsection (3) of this section. 67-6612. CONTENTS OF REPORTS. (a) A statement filed under sections 67-6607, 67-6608 or 67-6610, Idaho Code, shall set forth: (1) Under contributions, a list of all the contributions received, including funds or property of the candidate used to cover expenditures. The statement shall list the full name and complete address of each person who contributed an aggregate amount of more than fifty dollars ($50.00), and the amount contributed by that person. The statement may list as a single item the total amount of contributions of fifty dollars ($50.00) or less each obtained in similar fashion. 61 (2) Under expenditures the name and address of each person to whom an expenditure was made in the amount of twenty-five dollars ($25.00) or more, and the amount, date, and purpose of each such expenditure. Each expenditure in the amount of twenty-five dollars ($25.00) or more shall be vouched for by a receipt or cancelled check or an accurate copy thereof. The statement may list as a single item the total amount of expenditures less than twenty-five dollars ($25.00) without showing the exact amount of or vouching for each such expenditure. Anything of value paid for or contributed by any person shall be listed both as an expenditure and as a contribution. 67-6613. COMMERCIAL REPORTING. Each newspaper, periodical, broadcasting station, direct mailing company, printer and advertising agency which accepts expenditures from a political treasurer shall keep a current record (available to the public) listing the amounts paid and the obligations incurred by each candidate, political committee or political treasurer to such newspaper, periodical, broadcasting station, direct mailing company, printer or advertising agency. 67-6614. IDENTIFICATION OF SOURCE OF CONTRIBUTIONS AND EXPENDITURES. No contribution shall be made and no expenditure shall be incurred, directly or indirectly, in a fictitious name, anonymously, or by one (1) person through an agent, relative or other person in such a manner as to conceal the identity of the source of the contribution. 67-6614A. PUBLICATION OR DISTRIBUTION OF POLITICAL STATEMENTS. Whenever any person makes an expenditure for the purpose of financing communications expressly advocating the election, approval or defeat of a candidate or measure through any broadcasting station, newspaper, magazine, outdoor advertising facility, direct mailing, or any other type of general public political advertising, the person responsible for such communication shall be clearly indicated on such communication. 67-6615. INSPECTION BY CITY CLERK. The city clerk shall inspect each statement filed in his office under this act within two (2) days after the date it is filed. He shall notify a person required to file a statement under this act immediately if: (a) it appears that the person has failed to file a statement as required by law or that a statement filed by the person does not conform to law; or (b) a written complaint is filed with the city clerk by any registered voter alleging that a statement filed with the city clerk does not conform to law or to the truth or that a person has failed to file a statement required by law. 62 67-6616. EXAMINATION OF STATEMENTS. Within three (3) months after the date of each election, the city clerk shall examine such statement filed with his office under this act; and referring to the election, to determine whether the statement conforms to law. Such examinations shall include a comparison of reports and statements received by the city clerk pursuant to sections 67-6607--67-6609, 67-6611, 67-6614[, Idaho Code]. The city clerk may require any person to answer in writing and under oath or affirmation any question within the knowledge of that person concerning the source of any contribution. Idaho Code 67-6617 through 67-6622 deal with registration and reporting requirements for lobbyists; the sections are not relevant to municipal elections and are not included in this manual. 67-6623. DUTIES OF CITY CLERK. The city clerk is charged with enforcement of the provisions of this act, and in addition to duties otherwise prescribed herein, it shall be his duty: (a) To prescribe forms for statements and other information required to be filed by this act, and to furnish such forms and instruction manual to persons required to file such statements and information; (b) To make statements and other information filed with him available for public inspection and copying during regular office hours, and to make copying facilities available at a charge not to exceed actual cost; (c) To preserve such statements and other information for a period of four (4) years from date of receipt; (d) To make investigations with respect to statements filed under the provisions of this act, and with respect to alleged failures to file any statement required under the provisions of this act, and upon complaint by any person with respect to alleged violations of any part of this act; (e) To report suspected violations of law to the appropriate law enforcement authorities; (f) To prescribe and publish rules in accordance with the provisions of chapter 52, title 67, Idaho Code, and to take such other actions as may be appropriate to carry out the provisions of this act; (g) To prescribe methods of the filing of reports by electronic means. 63 67-6624. STATEMENTS TO BE CERTIFIED. All statements required to be filed with the city clerk under this act shall be signed and certified as true and correct by the person required to file the same. 67-6625. VIOLATIONS -- CIVIL FINE -- MISDEMEANOR PENALTY -- PROSECUTION -- LIMITATION -- VENUE. (a) Any person who violates the provisions of section 67-6603 through 67-6614A, 67-6624, 67- 6629 or 67-6630, Idaho Code, shall be liable for a civil fine not to exceed two hundred fifty dollars ($250) if an individual, and not more than two thousand five hundred dollars ($2,500) if a person other than an individual. The burden of proof for such civil liability shall be met by showing a preponderance of the evidence. (b) Any person who violates section 67-6605, Idaho Code, and any person who knowingly and willfully violates section 67-6603 through 67-6614A, 67-6624, 67-6629 or 67-6630, Idaho Code, is guilty of a misdemeanor and, upon conviction, in addition to the fines set forth in subsection (a) of this section, may be imprisoned for not more than six (6) months or be both fined and imprisoned. (c) The attorney general or the appropriate prosecuting attorney may prosecute any violations of this act. (d) Prosecution for violation of this act must be commenced within two (2) years after the date on which the violation occurred. (e) Venue for prosecution under the provisions of this chapter shall be in the county of residence of the defendant if the defendant is a resident of the state of Idaho, otherwise venue shall be in Ada county. 67-6625A. LATE FILING OF STATEMENT OR REPORT -- FEES. If any person fails to file a report or statement on or before a specified date, he shall be liable in an amount of fifty dollars ($50.00) per day after the deadline until the statement or report is filed, to the city clerk. Liability need not be enforced by the city clerk if on an impartial basis he determines that the late filing was not willful and that enforcement of the liability will not further the purposes of the act, except that no liability shall be waived if a statement or report is not filed within five (5) days after receiving written notice of the filing requirement from the city clerk. The remedy provided in this section is cumulative and does not exclude any other remedy or penalty prescribed in section 67-6625, Idaho Code. Z 67-6626. INJUNCTIONS. The district courts of this state shall have original jurisdiction to issue injunctions to enforce the provisions of this act upon application by any citizen of this state or by the city clerk. The court may in its discretion require the citizen plaintiff to file a written complaint with the city clerk prior to seeking injunctive relief. A successful plaintiff is entitled to be reimbursed for reasonable costs of litigation, including reasonable attorney's fees by the person or persons named defendant in said injunctive action. A successful defendant is entitled to be reimbursed for reasonable costs of litigation, including reasonable attorney's fees if the court determines that plaintiff's action was without substantial merit. 67-6627. SEVERABILITY. If any provisions of this act or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected. 67-6628. CONSTRUCTION. The provisions of this act are to be liberally construed to effectuate the policies and purposes of this act. In the event of conflict between the provisions of this act and any other act, the provisions of this act shall govern. 67-6629. PERSUASIVE POLL CONCERNING CANDIDATE MUST IDENTIFY PERSON OR ENTITY PAYING FOR POLL. (1) If a person, candidate, political party or political committee requests or compensates a person to: (a) Conduct or cause to be conducted a persuasive poll by telephone concerning a candidate; or (b) Produce automated or computerized messages by telephone to conduct a persuasive poll concerning a candidate. The person conducting the poll shall, at the end of the poll, disclose the name and telephone number of the person, candidate, political party or political committee that requested or compensated the person for the poll. (2) As used in this section, "persuasive poll" means the canvassing of persons, by means other than an established method of scientific sampling, by asking questions or other information concerning a candidate which is designed to provide information that is designed to advocate the election, approval or defeat of a candidate or measure. The term does not include a poll that is conducted only to measure the public's opinion about or reaction to an issue, fact or theme. 65 (3) A violation of the provisions of this section shall be punishable as provided in section 67- 6625, Idaho Code. 67-6630. ELECTIONEERING COMMUNICATIONS -- STATEMENTS. (1) Any person who conducts or transmits any electioneering communication shall be required to file a statement on a form provided by the city clerk. Contents of the statement shall include the amount spent on such communications, the name and address of the person, and the names and addresses of any persons who contribute fifty dollars ($50.00) or more to any person described in this section. (2) Any person that incurs costs in excess of one hundred dollars ($100) when making an electioneering communication shall file a statement in accordance with the time limits established by section 67-6611(2), Idaho Code. (3) In addition to the requirements of subsection (2) of this section, any person that incurs costs of one thousand dollars ($1,000) or more when making an electioneering communication shall file a statement as provided in subsection (1) of this section within forty-eight (48) hours of incurring the costs for such communication. M