CHAPTER 80. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES
Subchapter I. General Provisions
§ 8001. Purpose.
The purpose of this chapter is to protect the public interest by requiring full disclosure of the source of all funds used
in political campaigns, providing reasonable limits on the amounts of contributions and providing a manner to enforce this
law.
67 Del. Laws, c. 449, § 1.;
§ 8002. Definitions.
As used in this chapter:
(1) "Candidate" means a person who seeks nomination for or election to public office, or who has taken action necessary under
the law to qualify for nomination or election under the laws of the State, or has authorized the solicitation of any contribution
or the making of any expenditure in that person's behalf.
(2) "Candidate committee" means each political committee formed on behalf of a candidate for public office.
(3) "Cash" includes currency, money orders, travelers checks and other negotiable instruments that do not disclose on their
face the true name of the contributor.
(4) "Chapter" includes, in addition to the provisions of this chapter, the rules and regulations made by the Commissioner.
(5) "Commissioner" means the State Election Commissioner, or the designee of the Commissioner.
(6) "Contribution" means any advance, deposit, gift, expenditure or transfer, of money or any other thing of value, to or
for the benefit of any candidate or political committee involved in an election, including without limitation any:
a. Gift, subscription, advance, deposit, expenditure or transfer of any thing of value;
b. Discount or rebate not available to the general public (except a party's abatement or refund of a filing fee otherwise
required under § 3103 of this title);
c. Loan (except a loan of money by a national or state bank, building and loan association or licensed lender made in the
ordinary course of business);
d. Purchase of tickets, goods or services sold to raise funds for a campaign, whether or not the tickets, goods or services
are used by the buyer;
e. Forgiveness of indebtedness or payment of indebtedness by another person;
f. Service or use of property without full payment therefor (except the contribution of services by an individual, the use
of an individual's residence, the contribution of such items as invitations, food and beverages by an individual volunteering
personal services or the individual's residence, or the use of the telephone equipment of any person); or
g. Any other thing of value (except an independent expenditure).
(7) "Election" means the action by qualified voters of the State either to nominate by vote a candidate for public office
or to select a candidate to fill a public office, whether in a primary, general or special election.
(8) "Election period" means:
a. For a candidate committee:
1. For a candidate for reelection to an office to which the candidate was elected in the most recent election held therefor,
the period beginning on January 1 immediately after the most recent such election, and ending on the December 31 immediately
after the general election at which the candidate seeks reelection to the office.
2. For a candidate for reelection to an office which the candidate attained since the last election held therefor (whether
the candidate attained the office by succession, appointment or otherwise), the period beginning on the day the candidate
succeeded to or was appointed to the office, and ending on the December 31 immediately after the general election at which
the candidate seeks reelection to the office.
3. For a candidate for election to an office which the candidate does not hold, the period beginning on the day on which the
candidate first receives any contribution from any person (other than from the candidate or from the candidate's spouse) in
support of that candidate's candidacy for the office, and ending on the December 31 immediately after the general election
at which the candidate seeks election to the office.
4. Notwithstanding the foregoing, for purposes of the limitations under § 8010 of this title on contributions from persons
other than political parties and political action committees, for a candidate in a general election who was nominated for
such office in a primary election, the election period shall end on the day of the primary and the next election period shall
begin on the day after the primary.
b. For a political party and for a political action committee, the period beginning on the January 1 immediately after a general
election, and ending on the December 31 immediately after the next general election.
c. For a candidate committee for a person who does not hold public office and who has not taken action necessary under the
law to qualify for nomination or election under the laws of the State, the period beginning on the date the first contribution
is received or expenditure is made by the committee and ending on the fourth December 31 following such date; provided, however,
that if such person takes action necessary under the law to qualify for nomination or election under the laws of the State,
the period shall be determined under paragraph (8)a. of this section.
d. For a person who makes independent expenditures, the election period shall begin and end at the same time as that of the
candidate whose election is advocated or opposed by the independent expenditures, without regard to paragraph (8)a.4. of this
section.
(9) "Expenditure" means any payment made or debt incurred, by or on behalf of a candidate or political committee, or to assist
in the election of any candidate or in connection with any election campaign.
(10) "Independent expenditure" means any expenditure made by any individual or other person (other than a candidate committee
or a political party) expressly advocating the election or defeat of a clearly identified candidate, which is made without
cooperation or consultation with any candidate, or any committee or agent of such candidate, and which is not made in concert
with, or at the request or suggestion of, any candidate or any committee or agent of such candidate.
(11) "Person" includes any individual, corporation, company, incorporated or unincorporated association, general or limited
partnership, society, joint stock company, and any other organization or institution of any nature.
(12) "Political action committee" means a political committee which is neither a political party nor a candidate committee.
(13) "Political committee" means any organization or association, whether permanent or created for the purposes of a specific
political campaign, which accepts contributions or makes expenditures for or against any candidate or candidates, and includes
all political parties, political action committees and any candidate committee.
(14) "Political party" means an organization eligible to be listed on any general election ballot under § 3001 of this title,
or any other organization which desires to be listed on any ballot on any election, and any constituent part of such party
which receives contributions and makes expenditures. For purposes of the contribution limits of subchapter II of this chapter,
a "political party" includes all constituent parts of such party, including the statewide, county, regional, municipal and
district committees, all finance committees and all other committees, subdivisions and organizations related to the political
party.
(15) "Public office" means an office of this State or any political subdivision thereof which is required by law to be determined
by an election.
(16) "Treasurer" means the individual appointed by a candidate to assist the candidate with the duties imposed by this chapter.
59 Del. Laws, c. 580, § 1; 67 Del. Laws, c. 449, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8003. Duties of a candidate.
(a) A candidate shall establish a candidate committee. There shall only be 1 candidate committee for any candidate, although
such candidate committee may have subcommittees. The candidate committee may continue in existence for more than 1 election
period, and with respect to more than 1 elective office. Each candidate committee or subcommittee shall notify the Commissioner
as required under § 8005 of this title, and shall comply with all the other requirements of this chapter. A candidate shall
be responsible for the lawful operation of the candidate's own candidate committee and all subcommittees thereof.
(b) Except for independent expenditures that meet the requirements of this chapter, all contributions to or on behalf of a
candidate shall be placed into the candidate committee, and all expenditures to or on behalf of a candidate shall be made
from the candidate committee.
(c) A candidate shall cause the candidate's own candidate committee to keep complete records of all contributions received
and all expenditures made by or on behalf of the candidate's candidacy, and shall retain such records for 3 full years following
the election in which that candidate was a candidate; provided, however, that the candidate need not keep records of the names
and mailing addresses of persons making contributions of $100 or less in an election period.
(d) A candidate shall file or cause to be filed with the Commissioner the reports required of that candidate's campaign committee
under § 8030 of this title.
(e) A candidate shall designate an individual as treasurer of that candidate's candidate committee, in order to assist with
the duties under this chapter, but nothing shall relieve the candidate from the responsibility for keeping the records and
filing the reports required by this chapter.
(f) A candidate for state office shall file the financial disclosure reports required by subchapter II, Chapter 58 of Title
29.
59 Del. Laws, c. 580, § 1; 67 Del. Laws, c. 449, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 423, § 1.;
§ 8004. School boards and offices paying under $1,000.
(a) Notwithstanding anything provided elsewhere in this chapter, no candidate for election to any school board or to any other
public office that pays less than $1,000 per year shall be required to form a candidate committee if that candidate signs
under penalty of perjury a statement in a form prepared by the Commissioner, certifying that such candidate does not intend
nor expect that the candidate's campaign will receive nor spend, from the date of the first contribution or expenditure on
behalf of such candidate's election until the end of the year in which the election for such office is held, more than $2,000.
If, notwithstanding the execution of such a statement, such candidate's campaign nevertheless receives more than $2,000 in
contributions or expends more than $2,000 (including any contributions or expenditures by the candidate) before the end of
the year in which the election for such office is held, the candidate shall within 7 days thereafter, so notify the Commissioner,
and shall cause to be filed all reports that would otherwise have been required theretofore under this chapter.
(b) No candidate who has filed the statement in subsection (a) of this section shall be required to file any reports with
the Commissioner; provided, however, that if such candidate's campaign receives more than $2,000 in contributions or expends
more than $2,000 (including any contributions or expenditures by the candidate) before the end of the year in which the election
for such office is held, such committee shall, within 7 days thereafter, so notify the Commissioner and shall file all reports
that would otherwise have been required theretofore under this chapter.
67 Del. Laws, c. 449, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8005. Duties of a political committee.
A political committee shall:
(1) No later than 7 days after it first receives any contribution or makes any expenditure, file a complete list of its officers
with the Commissioner, one of whom shall be an individual named as its treasurer. A political committee must report any change
in its officers within 7 days after such change becomes effective.
(2) Keep complete records of all contributions received and all expenditures made by or on behalf of the political committee,
and shall retain such records for 3 full years following the election in connection with which the contributions and expenditures
were made.
(3) File with the Commissioner a concise statement of its purposes or goals as a political committee.
(4) File with the Commissioner the reports required under this chapter.
59 Del. Laws, c. 580, § 1; 67 Del. Laws, c. 449, § 1.;
§ 8006. Prohibitions.
(a) No person shall, directly or through any other person, solicit or promise any contract, any vote, any employment or other
service, or any official action or lack of action, in connection with any contribution.
(b) No person shall make, and no candidate, treasurer or other person acting on behalf of a candidate or political committee
shall knowingly accept a contribution made in a fictitious name or in the name of another person. No person shall make, and
no candidate, treasurer or other person acting on behalf of a candidate or political committee shall knowingly accept a contribution
whose donor's true name and address is not made known to the political committee that receives it.
59 Del. Laws, c. 580, § 1; 67 Del. Laws, c. 449, § 1.;
§§ 8007-8009. Limits on expenditures; reports and sworn statements; public disclosure; certificates of election.
Repealed by 67 Del. Laws, c. 449, § 1, effective Jan. 1, 1991.
CHAPTER 80. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES
Subchapter I. General Provisions
§ 8001. Purpose.
The purpose of this chapter is to protect the public interest by requiring full disclosure of the source of all funds used
in political campaigns, providing reasonable limits on the amounts of contributions and providing a manner to enforce this
law.
67 Del. Laws, c. 449, § 1.;
§ 8002. Definitions.
As used in this chapter:
(1) "Candidate" means a person who seeks nomination for or election to public office, or who has taken action necessary under
the law to qualify for nomination or election under the laws of the State, or has authorized the solicitation of any contribution
or the making of any expenditure in that person's behalf.
(2) "Candidate committee" means each political committee formed on behalf of a candidate for public office.
(3) "Cash" includes currency, money orders, travelers checks and other negotiable instruments that do not disclose on their
face the true name of the contributor.
(4) "Chapter" includes, in addition to the provisions of this chapter, the rules and regulations made by the Commissioner.
(5) "Commissioner" means the State Election Commissioner, or the designee of the Commissioner.
(6) "Contribution" means any advance, deposit, gift, expenditure or transfer, of money or any other thing of value, to or
for the benefit of any candidate or political committee involved in an election, including without limitation any:
a. Gift, subscription, advance, deposit, expenditure or transfer of any thing of value;
b. Discount or rebate not available to the general public (except a party's abatement or refund of a filing fee otherwise
required under § 3103 of this title);
c. Loan (except a loan of money by a national or state bank, building and loan association or licensed lender made in the
ordinary course of business);
d. Purchase of tickets, goods or services sold to raise funds for a campaign, whether or not the tickets, goods or services
are used by the buyer;
e. Forgiveness of indebtedness or payment of indebtedness by another person;
f. Service or use of property without full payment therefor (except the contribution of services by an individual, the use
of an individual's residence, the contribution of such items as invitations, food and beverages by an individual volunteering
personal services or the individual's residence, or the use of the telephone equipment of any person); or
g. Any other thing of value (except an independent expenditure).
(7) "Election" means the action by qualified voters of the State either to nominate by vote a candidate for public office
or to select a candidate to fill a public office, whether in a primary, general or special election.
(8) "Election period" means:
a. For a candidate committee:
1. For a candidate for reelection to an office to which the candidate was elected in the most recent election held therefor,
the period beginning on January 1 immediately after the most recent such election, and ending on the December 31 immediately
after the general election at which the candidate seeks reelection to the office.
2. For a candidate for reelection to an office which the candidate attained since the last election held therefor (whether
the candidate attained the office by succession, appointment or otherwise), the period beginning on the day the candidate
succeeded to or was appointed to the office, and ending on the December 31 immediately after the general election at which
the candidate seeks reelection to the office.
3. For a candidate for election to an office which the candidate does not hold, the period beginning on the day on which the
candidate first receives any contribution from any person (other than from the candidate or from the candidate's spouse) in
support of that candidate's candidacy for the office, and ending on the December 31 immediately after the general election
at which the candidate seeks election to the office.
4. Notwithstanding the foregoing, for purposes of the limitations under § 8010 of this title on contributions from persons
other than political parties and political action committees, for a candidate in a general election who was nominated for
such office in a primary election, the election period shall end on the day of the primary and the next election period shall
begin on the day after the primary.
b. For a political party and for a political action committee, the period beginning on the January 1 immediately after a general
election, and ending on the December 31 immediately after the next general election.
c. For a candidate committee for a person who does not hold public office and who has not taken action necessary under the
law to qualify for nomination or election under the laws of the State, the period beginning on the date the first contribution
is received or expenditure is made by the committee and ending on the fourth December 31 following such date; provided, however,
that if such person takes action necessary under the law to qualify for nomination or election under the laws of the State,
the period shall be determined under paragraph (8)a. of this section.
d. For a person who makes independent expenditures, the election period shall begin and end at the same time as that of the
candidate whose election is advocated or opposed by the independent expenditures, without regard to paragraph (8)a.4. of this
section.
(9) "Expenditure" means any payment made or debt incurred, by or on behalf of a candidate or political committee, or to assist
in the election of any candidate or in connection with any election campaign.
(10) "Independent expenditure" means any expenditure made by any individual or other person (other than a candidate committee
or a political party) expressly advocating the election or defeat of a clearly identified candidate, which is made without
cooperation or consultation with any candidate, or any committee or agent of such candidate, and which is not made in concert
with, or at the request or suggestion of, any candidate or any committee or agent of such candidate.
(11) "Person" includes any individual, corporation, company, incorporated or unincorporated association, general or limited
partnership, society, joint stock company, and any other organization or institution of any nature.
(12) "Political action committee" means a political committee which is neither a political party nor a candidate committee.
(13) "Political committee" means any organization or association, whether permanent or created for the purposes of a specific
political campaign, which accepts contributions or makes expenditures for or against any candidate or candidates, and includes
all political parties, political action committees and any candidate committee.
(14) "Political party" means an organization eligible to be listed on any general election ballot under § 3001 of this title,
or any other organization which desires to be listed on any ballot on any election, and any constituent part of such party
which receives contributions and makes expenditures. For purposes of the contribution limits of subchapter II of this chapter,
a "political party" includes all constituent parts of such party, including the statewide, county, regional, municipal and
district committees, all finance committees and all other committees, subdivisions and organizations related to the political
party.
(15) "Public office" means an office of this State or any political subdivision thereof which is required by law to be determined
by an election.
(16) "Treasurer" means the individual appointed by a candidate to assist the candidate with the duties imposed by this chapter.
59 Del. Laws, c. 580, § 1; 67 Del. Laws, c. 449, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8003. Duties of a candidate.
(a) A candidate shall establish a candidate committee. There shall only be 1 candidate committee for any candidate, although
such candidate committee may have subcommittees. The candidate committee may continue in existence for more than 1 election
period, and with respect to more than 1 elective office. Each candidate committee or subcommittee shall notify the Commissioner
as required under § 8005 of this title, and shall comply with all the other requirements of this chapter. A candidate shall
be responsible for the lawful operation of the candidate's own candidate committee and all subcommittees thereof.
(b) Except for independent expenditures that meet the requirements of this chapter, all contributions to or on behalf of a
candidate shall be placed into the candidate committee, and all expenditures to or on behalf of a candidate shall be made
from the candidate committee.
(c) A candidate shall cause the candidate's own candidate committee to keep complete records of all contributions received
and all expenditures made by or on behalf of the candidate's candidacy, and shall retain such records for 3 full years following
the election in which that candidate was a candidate; provided, however, that the candidate need not keep records of the names
and mailing addresses of persons making contributions of $100 or less in an election period.
(d) A candidate shall file or cause to be filed with the Commissioner the reports required of that candidate's campaign committee
under § 8030 of this title.
(e) A candidate shall designate an individual as treasurer of that candidate's candidate committee, in order to assist with
the duties under this chapter, but nothing shall relieve the candidate from the responsibility for keeping the records and
filing the reports required by this chapter.
(f) A candidate for state office shall file the financial disclosure reports required by subchapter II, Chapter 58 of Title
29.
59 Del. Laws, c. 580, § 1; 67 Del. Laws, c. 449, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 423, § 1.;
§ 8004. School boards and offices paying under $1,000.
(a) Notwithstanding anything provided elsewhere in this chapter, no candidate for election to any school board or to any other
public office that pays less than $1,000 per year shall be required to form a candidate committee if that candidate signs
under penalty of perjury a statement in a form prepared by the Commissioner, certifying that such candidate does not intend
nor expect that the candidate's campaign will receive nor spend, from the date of the first contribution or expenditure on
behalf of such candidate's election until the end of the year in which the election for such office is held, more than $2,000.
If, notwithstanding the execution of such a statement, such candidate's campaign nevertheless receives more than $2,000 in
contributions or expends more than $2,000 (including any contributions or expenditures by the candidate) before the end of
the year in which the election for such office is held, the candidate shall within 7 days thereafter, so notify the Commissioner,
and shall cause to be filed all reports that would otherwise have been required theretofore under this chapter.
(b) No candidate who has filed the statement in subsection (a) of this section shall be required to file any reports with
the Commissioner; provided, however, that if such candidate's campaign receives more than $2,000 in contributions or expends
more than $2,000 (including any contributions or expenditures by the candidate) before the end of the year in which the election
for such office is held, such committee shall, within 7 days thereafter, so notify the Commissioner and shall file all reports
that would otherwise have been required theretofore under this chapter.
67 Del. Laws, c. 449, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8005. Duties of a political committee.
A political committee shall:
(1) No later than 7 days after it first receives any contribution or makes any expenditure, file a complete list of its officers
with the Commissioner, one of whom shall be an individual named as its treasurer. A political committee must report any change
in its officers within 7 days after such change becomes effective.
(2) Keep complete records of all contributions received and all expenditures made by or on behalf of the political committee,
and shall retain such records for 3 full years following the election in connection with which the contributions and expenditures
were made.
(3) File with the Commissioner a concise statement of its purposes or goals as a political committee.
(4) File with the Commissioner the reports required under this chapter.
59 Del. Laws, c. 580, § 1; 67 Del. Laws, c. 449, § 1.;
§ 8006. Prohibitions.
(a) No person shall, directly or through any other person, solicit or promise any contract, any vote, any employment or other
service, or any official action or lack of action, in connection with any contribution.
(b) No person shall make, and no candidate, treasurer or other person acting on behalf of a candidate or political committee
shall knowingly accept a contribution made in a fictitious name or in the name of another person. No person shall make, and
no candidate, treasurer or other person acting on behalf of a candidate or political committee shall knowingly accept a contribution
whose donor's true name and address is not made known to the political committee that receives it.
59 Del. Laws, c. 580, § 1; 67 Del. Laws, c. 449, § 1.;
§§ 8007-8009. Limits on expenditures; reports and sworn statements; public disclosure; certificates of election.
Repealed by 67 Del. Laws, c. 449, § 1, effective Jan. 1, 1991.
CHAPTER 80. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES
Subchapter I. General Provisions
§ 8001. Purpose.
The purpose of this chapter is to protect the public interest by requiring full disclosure of the source of all funds used
in political campaigns, providing reasonable limits on the amounts of contributions and providing a manner to enforce this
law.
67 Del. Laws, c. 449, § 1.;
§ 8002. Definitions.
As used in this chapter:
(1) "Candidate" means a person who seeks nomination for or election to public office, or who has taken action necessary under
the law to qualify for nomination or election under the laws of the State, or has authorized the solicitation of any contribution
or the making of any expenditure in that person's behalf.
(2) "Candidate committee" means each political committee formed on behalf of a candidate for public office.
(3) "Cash" includes currency, money orders, travelers checks and other negotiable instruments that do not disclose on their
face the true name of the contributor.
(4) "Chapter" includes, in addition to the provisions of this chapter, the rules and regulations made by the Commissioner.
(5) "Commissioner" means the State Election Commissioner, or the designee of the Commissioner.
(6) "Contribution" means any advance, deposit, gift, expenditure or transfer, of money or any other thing of value, to or
for the benefit of any candidate or political committee involved in an election, including without limitation any:
a. Gift, subscription, advance, deposit, expenditure or transfer of any thing of value;
b. Discount or rebate not available to the general public (except a party's abatement or refund of a filing fee otherwise
required under § 3103 of this title);
c. Loan (except a loan of money by a national or state bank, building and loan association or licensed lender made in the
ordinary course of business);
d. Purchase of tickets, goods or services sold to raise funds for a campaign, whether or not the tickets, goods or services
are used by the buyer;
e. Forgiveness of indebtedness or payment of indebtedness by another person;
f. Service or use of property without full payment therefor (except the contribution of services by an individual, the use
of an individual's residence, the contribution of such items as invitations, food and beverages by an individual volunteering
personal services or the individual's residence, or the use of the telephone equipment of any person); or
g. Any other thing of value (except an independent expenditure).
(7) "Election" means the action by qualified voters of the State either to nominate by vote a candidate for public office
or to select a candidate to fill a public office, whether in a primary, general or special election.
(8) "Election period" means:
a. For a candidate committee:
1. For a candidate for reelection to an office to which the candidate was elected in the most recent election held therefor,
the period beginning on January 1 immediately after the most recent such election, and ending on the December 31 immediately
after the general election at which the candidate seeks reelection to the office.
2. For a candidate for reelection to an office which the candidate attained since the last election held therefor (whether
the candidate attained the office by succession, appointment or otherwise), the period beginning on the day the candidate
succeeded to or was appointed to the office, and ending on the December 31 immediately after the general election at which
the candidate seeks reelection to the office.
3. For a candidate for election to an office which the candidate does not hold, the period beginning on the day on which the
candidate first receives any contribution from any person (other than from the candidate or from the candidate's spouse) in
support of that candidate's candidacy for the office, and ending on the December 31 immediately after the general election
at which the candidate seeks election to the office.
4. Notwithstanding the foregoing, for purposes of the limitations under § 8010 of this title on contributions from persons
other than political parties and political action committees, for a candidate in a general election who was nominated for
such office in a primary election, the election period shall end on the day of the primary and the next election period shall
begin on the day after the primary.
b. For a political party and for a political action committee, the period beginning on the January 1 immediately after a general
election, and ending on the December 31 immediately after the next general election.
c. For a candidate committee for a person who does not hold public office and who has not taken action necessary under the
law to qualify for nomination or election under the laws of the State, the period beginning on the date the first contribution
is received or expenditure is made by the committee and ending on the fourth December 31 following such date; provided, however,
that if such person takes action necessary under the law to qualify for nomination or election under the laws of the State,
the period shall be determined under paragraph (8)a. of this section.
d. For a person who makes independent expenditures, the election period shall begin and end at the same time as that of the
candidate whose election is advocated or opposed by the independent expenditures, without regard to paragraph (8)a.4. of this
section.
(9) "Expenditure" means any payment made or debt incurred, by or on behalf of a candidate or political committee, or to assist
in the election of any candidate or in connection with any election campaign.
(10) "Independent expenditure" means any expenditure made by any individual or other person (other than a candidate committee
or a political party) expressly advocating the election or defeat of a clearly identified candidate, which is made without
cooperation or consultation with any candidate, or any committee or agent of such candidate, and which is not made in concert
with, or at the request or suggestion of, any candidate or any committee or agent of such candidate.
(11) "Person" includes any individual, corporation, company, incorporated or unincorporated association, general or limited
partnership, society, joint stock company, and any other organization or institution of any nature.
(12) "Political action committee" means a political committee which is neither a political party nor a candidate committee.
(13) "Political committee" means any organization or association, whether permanent or created for the purposes of a specific
political campaign, which accepts contributions or makes expenditures for or against any candidate or candidates, and includes
all political parties, political action committees and any candidate committee.
(14) "Political party" means an organization eligible to be listed on any general election ballot under § 3001 of this title,
or any other organization which desires to be listed on any ballot on any election, and any constituent part of such party
which receives contributions and makes expenditures. For purposes of the contribution limits of subchapter II of this chapter,
a "political party" includes all constituent parts of such party, including the statewide, county, regional, municipal and
district committees, all finance committees and all other committees, subdivisions and organizations related to the political
party.
(15) "Public office" means an office of this State or any political subdivision thereof which is required by law to be determined
by an election.
(16) "Treasurer" means the individual appointed by a candidate to assist the candidate with the duties imposed by this chapter.
59 Del. Laws, c. 580, § 1; 67 Del. Laws, c. 449, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8003. Duties of a candidate.
(a) A candidate shall establish a candidate committee. There shall only be 1 candidate committee for any candidate, although
such candidate committee may have subcommittees. The candidate committee may continue in existence for more than 1 election
period, and with respect to more than 1 elective office. Each candidate committee or subcommittee shall notify the Commissioner
as required under § 8005 of this title, and shall comply with all the other requirements of this chapter. A candidate shall
be responsible for the lawful operation of the candidate's own candidate committee and all subcommittees thereof.
(b) Except for independent expenditures that meet the requirements of this chapter, all contributions to or on behalf of a
candidate shall be placed into the candidate committee, and all expenditures to or on behalf of a candidate shall be made
from the candidate committee.
(c) A candidate shall cause the candidate's own candidate committee to keep complete records of all contributions received
and all expenditures made by or on behalf of the candidate's candidacy, and shall retain such records for 3 full years following
the election in which that candidate was a candidate; provided, however, that the candidate need not keep records of the names
and mailing addresses of persons making contributions of $100 or less in an election period.
(d) A candidate shall file or cause to be filed with the Commissioner the reports required of that candidate's campaign committee
under § 8030 of this title.
(e) A candidate shall designate an individual as treasurer of that candidate's candidate committee, in order to assist with
the duties under this chapter, but nothing shall relieve the candidate from the responsibility for keeping the records and
filing the reports required by this chapter.
(f) A candidate for state office shall file the financial disclosure reports required by subchapter II, Chapter 58 of Title
29.
59 Del. Laws, c. 580, § 1; 67 Del. Laws, c. 449, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 423, § 1.;
§ 8004. School boards and offices paying under $1,000.
(a) Notwithstanding anything provided elsewhere in this chapter, no candidate for election to any school board or to any other
public office that pays less than $1,000 per year shall be required to form a candidate committee if that candidate signs
under penalty of perjury a statement in a form prepared by the Commissioner, certifying that such candidate does not intend
nor expect that the candidate's campaign will receive nor spend, from the date of the first contribution or expenditure on
behalf of such candidate's election until the end of the year in which the election for such office is held, more than $2,000.
If, notwithstanding the execution of such a statement, such candidate's campaign nevertheless receives more than $2,000 in
contributions or expends more than $2,000 (including any contributions or expenditures by the candidate) before the end of
the year in which the election for such office is held, the candidate shall within 7 days thereafter, so notify the Commissioner,
and shall cause to be filed all reports that would otherwise have been required theretofore under this chapter.
(b) No candidate who has filed the statement in subsection (a) of this section shall be required to file any reports with
the Commissioner; provided, however, that if such candidate's campaign receives more than $2,000 in contributions or expends
more than $2,000 (including any contributions or expenditures by the candidate) before the end of the year in which the election
for such office is held, such committee shall, within 7 days thereafter, so notify the Commissioner and shall file all reports
that would otherwise have been required theretofore under this chapter.
67 Del. Laws, c. 449, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8005. Duties of a political committee.
A political committee shall:
(1) No later than 7 days after it first receives any contribution or makes any expenditure, file a complete list of its officers
with the Commissioner, one of whom shall be an individual named as its treasurer. A political committee must report any change
in its officers within 7 days after such change becomes effective.
(2) Keep complete records of all contributions received and all expenditures made by or on behalf of the political committee,
and shall retain such records for 3 full years following the election in connection with which the contributions and expenditures
were made.
(3) File with the Commissioner a concise statement of its purposes or goals as a political committee.
(4) File with the Commissioner the reports required under this chapter.
59 Del. Laws, c. 580, § 1; 67 Del. Laws, c. 449, § 1.;
§ 8006. Prohibitions.
(a) No person shall, directly or through any other person, solicit or promise any contract, any vote, any employment or other
service, or any official action or lack of action, in connection with any contribution.
(b) No person shall make, and no candidate, treasurer or other person acting on behalf of a candidate or political committee
shall knowingly accept a contribution made in a fictitious name or in the name of another person. No person shall make, and
no candidate, treasurer or other person acting on behalf of a candidate or political committee shall knowingly accept a contribution
whose donor's true name and address is not made known to the political committee that receives it.
59 Del. Laws, c. 580, § 1; 67 Del. Laws, c. 449, § 1.;
§§ 8007-8009. Limits on expenditures; reports and sworn statements; public disclosure; certificates of election.
Repealed by 67 Del. Laws, c. 449, § 1, effective Jan. 1, 1991.
