jkarr
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« on: September 22, 2008, 10:04:53 pm » |
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The Barr Campaign is not providing campaign materials to local activists, and they are charging quite a lot of money $25 per 100 plus shipping for their material. As nominal leader of my Ward, I want to cover as many divisions as I can with literature. I had a brief conversation with our State Chair about LPPA producing a Door Hanger/ Slatecard. Due to Campaign Finance so called reform, it appears to be illegal for the LP PA to produce literature and slate cards supporting it's candidates!
I found some online sources of inexpensive blank laser-printable door hangers. My theory is that if an individual prints campaign materials and spends below a certain amount they are not required to file anything, and that even if they exceed that amount (without exceeding a relevant donations cap) they may have to file something, but that the campaigns won't. Pennsylvania and Federal have separate entities with separate rules.
I would like some confirmation that this approach will work, and to find out exactly at which point in kind campaign contributions must be reported at both State and Federal levels (and how and to who).
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The Campaign Finance Reforms brought to you by Democrats and Republicans at the State and Federal levels effectively make it illegal for the Libertarian Party of Pennsylvania to produce materials such as this. This violates the First Amendment and Voting Rights of Libertarian Party Members. Printing of this card was paid for, entirely out of personal funds, by the following Individual, who is a Citizen of the United States and Resident of Pennsylvania:
<The individual producing the Lot of Material will have to add their name to the PDF template.>
Paid for by Someone
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« Last Edit: September 22, 2008, 10:27:53 pm by jkarr »
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Mik
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« Reply #1 on: October 02, 2008, 12:31:12 am » |
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Campaign finance laws are hell. If something is done to promote a candidate's campaign even if the candidate or the campaign did not pay for it, it could be considered an in-kind contribution, and the candidate or committee would have to report it as such.
This is why when so many of these 527 organizations do political ads, they are always negative against the other guy. That way it is not promoting a specific campaign, and the campaign needn't report it.
Maybe what the LPPA or others could do is put out a bunch of material pointing out what boobs the other candidates are. This may have other repercussions, so I am not advocating that anyone do this.
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jkarr
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« Reply #2 on: October 03, 2008, 05:52:08 pm » |
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Federal Regulations permit independent campaign activity (not sanctioned by the campaign), and do not require any filing at all unless at least $250 has been spent. Since that is a hell of a lot of literature to leave on your neighbors doors, those of us who want to do old fashioned canvassing/leafletting should be able to just do it without having to file any forms. To be safe LPPA cannot formally sanction or endorse such action, though members of LPPA can certainly participate, and I would presume that simply posting in forums as a member is acceptable, if not hopefully we can find an attorney to help us defend the first amendment. For activists who want to participate in this independent not sanctioned action, sample brochures are available here: http://www.brainbuz.org/download/liberty.html |
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Mik
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« Reply #3 on: October 04, 2008, 01:02:53 am » |
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While this can be done, the PA limit of $250 is cumulative. So if a candidate spends $200 for various things and someone else spends $100 (in-kind contribution), now the candidate is over the reporting limit, perhaps without the candidate's knowledge.
The chances of this being an issue may be small, but if it becomes an issue, fines can be fast and furious. Candidates in PA have to file at least a form saying they spent less than $250, and that is much simpler than reporting every nickel spent, but it still requires reporting.
If you want to distribute literature, maybe the best thing to do is form a campaign finance committee (needs a chairman and a treasurer, the treasurer is the one who goes to jail in most cases if things go wrong) and get the candidates on board. I know it is simpler to just do it, but trust me, if you become a little successful someone will be watching every move.
When I was running in a local race, just last year in fact, someone made some homemade yard signs for me and stuck them up. I got a call from the county election office saying someone complained the signs didn't say "paid for by the candidate" on them and that should be added. I said I didn't pay for the signs, so to put that on the signs would be misleading. It was strongly suggested that those signs show up on a campaign finance report as an in-kind contribution. This was not in a federal election. That was my experience, take it for what it is worth.
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« Last Edit: October 06, 2008, 02:11:30 am by Mik »
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jkarr
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« Reply #4 on: October 06, 2008, 04:01:22 pm » |
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I have contacted the Division of Campaign and Lobbying Finance Disclosure, and obtained a copy of the Campaign finance Law. The key fact is that an individual who spends more than $100 to advocate or oppose the election of a Candidate in a Calendar year is required to file http://www.dos.state.pa.us/campaignfinance/lib/campaignfinance/050forms_online/dseb_505.pdfI have asked a minor official at the Division if there was any determination if in the case such as my flyer where the majority of the piece is for a candidate for federal office whether the expense can be allocated, in which case anyone within the federal limit of $250 could be excused from filing dseb 505. The worst case is that anyone spending over $100 on these flyers be prepared to file dseb 505. With the disclaimer on the flyer, no candidate could be held accountable for the flyers. In the case of someone running for office producing my flyer and having their name added to the ticket (which I can easily accomodate), they would probably need to treat it as a campaign expenditure for their own finance reports. |
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Mik
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« Reply #5 on: October 06, 2008, 10:01:04 pm » |
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Fair enough!
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jkarr
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« Reply #6 on: October 07, 2008, 09:51:40 pm » |
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I haven't heard back from BCEL, so until I hear otherwise, anyone who spends over $100 will need to file dseb 505, and FEC Form 5 if they spend over $250, (both due within 30 days of the election). For those who plan on canvassing, contact me for your customized pdf files -- let me know the name of the person paying for the literature and if you need any local LP candidates added to the candidates list. I'll email you back with your version of the cards plus the two forms that you may be required to file. Samples at: http://www.brainbuz.org/download/liberty.html |
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Ron Goodman
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« Reply #7 on: October 11, 2008, 10:33:10 am » |
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I really like the literature you created. Please send me a PDF version with my name on it: Ron Goodman e-mail to rocket1g@embarqmail.com Thanks for taking the lead in developing a very practical and cost effective handout! |
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