Legislation
SECTION 14-108
Time for filing statements
Election (ELN) CHAPTER 17, ARTICLE 14, TITLE 1
§ 14-108. Time for filing statements. 1. The statements required by
this article shall be filed at such times as the state board of
elections, by rule or regulation, shall specify; provided, however, that
in no event shall the board provide for fewer than three filings in the
aggregate in connection with any primary, general or special election,
or in connection with a question to be voted on and two of said filings
shall be before any such election, including one such filing not less
than thirty days nor more than forty-five days prior to such election
and one such filing not less than eleven days nor more than fifteen days
prior to such election. In addition, the board shall provide that every
political committee which has filed a statement of treasurer and
depository shall make at least one filing every six months between the
time such statement of treasurer and depository is filed and the time
such committee goes out of business. If any candidate or committee shall
be required by the provisions of this section, or by rule or regulation
hereunder, to effect two filings within a period of five days, the state
board of elections may, by rule or regulation, waive the requirement of
filing the earlier of such statements. If a statement filed by a
candidate or committee after the election to which it pertains is not a
final statement showing satisfaction of all liabilities and disposition
of all assets, such candidate or committee shall file such additional
statements as the board shall, by rule or regulation provide until such
a final statement is filed.
2. Each statement shall cover the period up to and including the
fourth day next preceding the day specified for the filing thereof;
provided, however, that any contribution or loan in excess of one
thousand dollars, if received after the close of the period to be
covered in the last statement filed before any primary, general or
special election but before such election, shall be reported, in the
same manner as other contributions, within twenty-four hours after
receipt.
3. Each statement shall be preserved by the officer with whom or the
board with which it is required to be filed for a period of five years
from the date of filing thereof.
4. Each statement shall constitute a part of the public records of
such officer or board and shall be open to public inspection.
5. The state board of elections or other board of elections, as the
case may be, shall not later than ten days after the last day to file
any such statement notify each person required to file any such
statement which has not been received by such board by such tenth day in
accordance with this article of such person's failure to file such
statement timely. Such notice shall be in writing and mailed to the last
known residence or business address of such person by certified mail,
return receipt requested. Failure to file within five days of receipt of
such notice shall constitute prima facie evidence of a willful failure
to file. If the person required to file such statement is a treasurer
who has stated that the committee has been authorized by one or more
candidates, a copy of such notice shall be sent to each such candidate
by first class mail. A copy of any such notice sent by a board of
elections other than the state board of elections shall be sent by such
other board to the state board.
6. A statement shall be deemed properly filed when deposited in an
established post-office within the prescribed time, duly stamped,
certified and directed to the officer with whom or to the board with
which the statement is required to be filed, but in the event it is not
received, a duplicate of such statement shall be promptly filed upon
notice by such officer or such board of its non-receipt.
7. On the twentieth day following the date by which such statements
were required to be filed, the state board of elections shall prepare
and make available for public inspection and distribution a list of
those persons and committees from whom it has not yet received such
statement.
this article shall be filed at such times as the state board of
elections, by rule or regulation, shall specify; provided, however, that
in no event shall the board provide for fewer than three filings in the
aggregate in connection with any primary, general or special election,
or in connection with a question to be voted on and two of said filings
shall be before any such election, including one such filing not less
than thirty days nor more than forty-five days prior to such election
and one such filing not less than eleven days nor more than fifteen days
prior to such election. In addition, the board shall provide that every
political committee which has filed a statement of treasurer and
depository shall make at least one filing every six months between the
time such statement of treasurer and depository is filed and the time
such committee goes out of business. If any candidate or committee shall
be required by the provisions of this section, or by rule or regulation
hereunder, to effect two filings within a period of five days, the state
board of elections may, by rule or regulation, waive the requirement of
filing the earlier of such statements. If a statement filed by a
candidate or committee after the election to which it pertains is not a
final statement showing satisfaction of all liabilities and disposition
of all assets, such candidate or committee shall file such additional
statements as the board shall, by rule or regulation provide until such
a final statement is filed.
2. Each statement shall cover the period up to and including the
fourth day next preceding the day specified for the filing thereof;
provided, however, that any contribution or loan in excess of one
thousand dollars, if received after the close of the period to be
covered in the last statement filed before any primary, general or
special election but before such election, shall be reported, in the
same manner as other contributions, within twenty-four hours after
receipt.
3. Each statement shall be preserved by the officer with whom or the
board with which it is required to be filed for a period of five years
from the date of filing thereof.
4. Each statement shall constitute a part of the public records of
such officer or board and shall be open to public inspection.
5. The state board of elections or other board of elections, as the
case may be, shall not later than ten days after the last day to file
any such statement notify each person required to file any such
statement which has not been received by such board by such tenth day in
accordance with this article of such person's failure to file such
statement timely. Such notice shall be in writing and mailed to the last
known residence or business address of such person by certified mail,
return receipt requested. Failure to file within five days of receipt of
such notice shall constitute prima facie evidence of a willful failure
to file. If the person required to file such statement is a treasurer
who has stated that the committee has been authorized by one or more
candidates, a copy of such notice shall be sent to each such candidate
by first class mail. A copy of any such notice sent by a board of
elections other than the state board of elections shall be sent by such
other board to the state board.
6. A statement shall be deemed properly filed when deposited in an
established post-office within the prescribed time, duly stamped,
certified and directed to the officer with whom or to the board with
which the statement is required to be filed, but in the event it is not
received, a duplicate of such statement shall be promptly filed upon
notice by such officer or such board of its non-receipt.
7. On the twentieth day following the date by which such statements
were required to be filed, the state board of elections shall prepare
and make available for public inspection and distribution a list of
those persons and committees from whom it has not yet received such
statement.