Campaign finance requirements in South Carolina
 in South Carolina |
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| Campaign finance |
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Federal campaign finance laws and regulations |
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South Carolina campaign finance requirements govern the following:
- how much money candidates may receive from individuals and organizations,
- how much and how often they must report those contributions, and
- how much individuals, organizations and political parties may contribute to campaigns.
In addition to direct campaign contributions, campaign finance laws also apply to third-party organizations and nonprofit organizations that seek to influence elections through independent expenditures or issue advocacy.
Background
The Federal Election Commission (FEC) is the independent regulatory agency that administers and enforces federal campaign election laws. The FEC is responsible for disclosing campaign finance information, enforcing limits and prohibitions on contributions, and overseeing public funding of presidential elections.[1] According to the FEC, an individual becomes a federal candidate and must begin reporting campaign finances once he or she has either raised or spent $5,000 in his or her campaign. Within fifteen days of this benchmark, the candidate must register with the FEC and designate an official campaign committee, which is responsible for the funds and expenditures of the campaign. This committee must have an official treasurer and cannot support any candidate but the one who registered it. Detailed financial reports are then made to the FEC every financial quarter after the individual is registered. Reports are also made before primaries and before the general election.[2]
The Supreme Court of the United States has issued a number of rulings pertaining to federal election campaign finance regulations. In the 2010 Citizens United v. Federal Election Commission decision, the court held that corporate funding of independent political broadcasts in candidate elections cannot be limited. The court's decision also overturned the ban on for-profit and not-for-profit corporations and unions broadcasting electioneering communications in the 30 days before a presidential primary and in the 60 days before a general election.[3] In the SpeechNOW.org v. Federal Election Commission decision, the first application of the Citizens United decision, the court held that contribution limits on what individuals could give to independent expenditure-only groups, and the amount these organizations could receive, were unconstitutional. Contribution limits on donations directly to candidates, however, remained unchanged.[4][5] In 2014's McCutcheon v. Federal Election Commission decision, the court overturned biennial aggregate campaign contribution limits, and held that individuals may contribute to as many federal candidates as they want, but may only contribute up to the federal limit in each case.[6]
While the FEC governs federal election campaigns and contribution limits, individual states enforce their own regulation and reporting requirements. Regulations vary by state, as do limits on campaign contributions and third-party activities to influence elections.
Contribution limits
The table below details contribution limits as they applied to various types of individuals and groups in South Carolina as of May 2015. The uppermost row of the table indicates the contributor, while the leftmost column indicates the recipient.
| South Carolina contribution limits as of May 2015 | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Individuals | Single candidates committees | PACs | Legislative caucus committee | Political party | Super PACs | Corporations | Unions | ||
| Statewide candidate (e.g., governor) | $3,500 | $0 | $3,500 | $50,000 | $50,000 | $0 | $3,500 | $3,500 | |
| Senate candidate | $1,000 | $0 | $1,000 | $5,000 | $5,000 | $0 | $1,000 | $1,000 | |
| House candidate | $1,000 | $0 | $1,000 | $5,000 | $5,000 | $0 | $1,000 | $1,000 | |
| PAC | $3,500 | $0 | $3,500 | $3,500 | $3,500 | $0 | $3,500 | $3,500 | |
| Legislative caucus committee | $3,500 | surplus funds | $3,500 | $3,500 | $3,500 | $0 | $3,500 | $3,500 | |
| Party committees | $3,500 | surplus funds | $3,500 | $3,500 | $3,500 | $0 | $3,500 | $3,500 | |
| Ballot measures | $3,500 | surplus funds | $3,500 | $3,500 | $3,500 | $0 | $3,500 | $3,500 | |
| Sources: South Carolina State Ethics Commission, "Campaign Practices Law and Penalties," accessed May 22, 2015 | |||||||||
Candidate requirements
See statutes: Section 8-13 of the State Ethics Commission's Campaign Practices Law
General requirements
A candidate must file a Statement of Economic Interests for the preceding calendar year at the same time and with the same official with whom the candidate files a Declaration of Candidacy or petition for nomination. The Statement of Economic Interests must be filed with the State Ethics Commission electronically.[7]
If a candidate filed for office before January first of the year in which the election is held, he or she must file a supplementary statement covering the preceding calendar year no later than April 1 of the year in which the election is held.[8]
A candidate, upon the receipt or expenditure of campaign contributions or the making of independent expenditures totaling an accumulated aggregate of $500 or more, is required to file an initial certified campaign report within 10 days of these initial receipts or expenditures.[9]
A candidate must maintain and preserve an account of the following:
- the total amount of contributions accepted by the candidate
- the name and address of each person making a contribution and the amount and date of receipt of each contribution
- the total amount of expenditures made by or on behalf of the candidate
- the name and address of each person to whom an expenditure is made including the date, amount, purpose, and beneficiary of the expenditure
- all receipted bills, canceled checks, or other proof of payment for each expenditure
- the occupation of each person making a contribution.
The candidate's committee must maintain and preserve all receipted bills and accounts required above for four years.[10]
Reporting requirements
Certified campaign reports must be filed in a format specified by the State Ethics Commission. The reports must be typed or printed in ink on forms supplied by the commission. A report may be filed with the commission on a computerized printout if the commission approves the proposed format and style.
Contribution and expenditure reports must include the following:[11]
- a designation as a pre-election or quarterly report and, if a pre-election report, the election date
- the candidate's name and address or, in the case of a committee, the name and address of the committee
- the balance of campaign accounts on hand at the beginning and at the close of the reporting period and the location of those campaign accounts
- the total amount of all contributions received during the reporting period; the total amount of contributions of $100 or less in the aggregate from one source received during the reporting period; and the name and address of each person contributing more than $100 in the aggregate during the reporting period, the date and amount of the contribution, and the year-to-date total for each contributor
- the total amount of all loans received during the reporting period and the total amount of loans for the year to date; the report also must include the date and amount of each loan from one source during the reporting period, the name and address of each maker or guarantor of each loan, the year-to-date total of each maker or guarantor, and the terms of the loan, including the interest rate, repayment terms, loan payments, and existing balances on each loan
- the date and amount of any in-kind contributions of more than $100 in the aggregate by one person during the reporting period, and the contributor's name, address, and year-to-date total
- the total amount of all refunds, rebates, interest, and other receipts not previously identified during the reporting period, and their year-to-date total
- the aggregate total of all contributions, loans, and other receipts during the reporting period and the year-to-date total
- the total amount of all loans made during the reporting period and the year-to-date total
Reporting schedule
Following the filing of an initial certified campaign report, additional certified campaign reports must be filed within 10 days following the end of each calendar quarter in which contributions are received or expenditures are made, whether before or after an election until the campaign account undergoes final disbursement.[12]
Campaign finance legislation
The following is a list of recent campaign finance bills that have been introduced in or passed by the South Carolina state legislature. To learn more about each of these bills, click the bill title. This information is provided by BillTrack50 and LegiScan.
Note: Due to the nature of the sorting process used to generate this list, some results may not be relevant to the topic. If no bills are displayed below, no legislation pertaining to this topic has been introduced in the legislature recently.
Election and campaign ballot measures
Ballotpedia has tracked 8 statewide ballot measures relating to elections and campaigns.
- South Carolina Referendum 2C, Voting Eligibility of 18-Year-Olds (1996)
- South Carolina Referendum 3, Voting Precinct for Those Who Have Moved (1996)
- South Carolina Referendum 2B, Convicted Felons May Not Serve in Elective Office (1996)
- South Carolina Gubernatorial Elections, Amendment 1 (2012)
- South Carolina Appointment of Adjutant General, Amendment 2 (2014)
- South Carolina Elector Requirements, Amendment 1 (1970)
- South Carolina Register to Vote Qualifications, Amendment 2 (1970)
- South Carolina Amendment 1, Appointed Superintendent of Education Measure (2018)
Candidates running for office will require some form of interaction with the following agencies:
- South Carolina State Election Commission
- Why: This agency provides and processes nominating petitions and statement of candidacy forms.
- 2221 Devine Street, Suite 105
- Columbia, SC 29205-2418
- Main: 803.734.9060
- Fax: 803.734.9366
- Email: [email protected]
- Website: http://www.scvotes.org
- 2221 Devine Street, Suite 105
- South Carolina State Ethics Commission
- Why: This agency provides and processes Statements of Economic Interests. This agency also processes campaign finance reports.
- 5000 Thurmond Mall, Suite 250
- Columbia, South Carolina 29201
- Phone: (803) 253-4192
- Website: http://ethics.sc.gov/Pages/default.aspx
- 5000 Thurmond Mall, Suite 250
Recent news
The link below is to the most recent stories in a Google news search for the terms South Carolina campaign finance. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
- Campaign finance regulation
- Ballot access requirements for political candidates in South Carolina
- South Carolina
Footnotes
- ↑ Federal Election Commission, "About the FEC," accessed June 27, 2012
- ↑ Federal Election Commission, "Candidate Registration Brochure," accessed December 7, 2012
- ↑ New York Times, "Justices, 5-4, Reject Corporate Spending Limit," January 21, 2010
- ↑ Federal Election Commission, "Speechnow.org v. FEC," April 7, 2014
- ↑ OpenSecrets, "Two Federal Court Rulings Could Change Campaign Finance Landscape," March 26, 2010
- ↑ Federal Election Commission, "Ongoing Litigation," accessed March 18, 2015
- ↑ Campaign Practices Law and Penalties, "Section 8-13-1356," accessed November 25, 2013
- ↑ Campaign Practices Law and Penalties, "Section 8-13-1356(F)," accessed January 16, 2014
- ↑ Campaign Practices Law and Penalties, "Section 8-13-1308(A)," accessed November 25, 2013
- ↑ Campaign Practices Law and Penalties, "Section 8-13-1302," accessed November 25, 2013
- ↑ Campaign Practices Law and Penalties, "Section 8-13-1360," accessed January 16, 2014
- ↑ Campaign Practices Law and Penalties, "Section 8-13-1308(B)," accessed November 25, 2013
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