§ 24.2-949.2 Statement of organization for a political action committee
Overview of Statute
This section requires political action committees anticipating receiving contributions or making expenditures in excess of a certain amount in a calendar year to file a statement of organization within a certain time frame. Contents of the statement are listed in this section.
A. Except as provided in subsection B or C, each political action committee that anticipates receiving contributions or making expenditures in excess of $200 in a calendar year shall file with the State Board a statement of organization within 10 days after its organization, or if later, within 10 days after the date on which it has information that causes the committee to anticipate it will receive contributions or make expenditures in excess of $200 or on which it otherwise becomes subject to the provisions of this chapter. Any change in information previously submitted in a statement of organization shall be reported to the State Board within 10 days following the change.
The statement of organization shall include:
1. The name of the political action committee and its address in the Commonwealth;
2. The names, addresses, and relationships of affiliated or connected organizations;
3. The area, scope, or jurisdiction of the political action committee accompanied by the statement that the primary purpose of the committee is to advocate the election or defeat of a clearly identified candidate;
4. The name and business address of the treasurer and his residence address in the Commonwealth who shall be deemed the agent of the political action committee for the purpose of service of process on the political action committee;
5. The name, residence address in the Commonwealth, business address, and position of the custodian of the books and accounts, who works under the direction of the treasurer, and the address in the Commonwealth where the books are maintained;
6. The name, address, office sought, and party affiliation of each individual whom the political action committee is supporting or opposing for nomination or for election to any public office whatever or, if supporting the entire ticket of any party, the name of the party;
7. The designated depository to be used for the receipt and holding of funds and contributions received by the political action committee, in an account in a financial institution within the Commonwealth; and
8. Such other information as shall be required by the State Board except that the account number for the designated depository account shall not be required.
The State Board shall not register or issue a registration number to any political action committee that fails to state pursuant to subdivision 3 that its primary purpose is to influence the outcome of nonfederal elections in Virginia.
B. Notwithstanding the provisions of subsection A, a political action committee that is established or controlled by a corporation doing business in Virginia shall provide the following information in its statement of organization in lieu of the information required in subdivisions 1, 4, 5, and 7 of subsection A:
1. The name and address of the political action committee;
2. The name and residence and business addresses of the treasurer;
3. The name, residence address, and position of the custodian of the books who works under the direction of the treasurer; and
4. A listing of all banks, safe-deposit boxes, or other repositories used.
C. A federal political action committee that makes expenditures for the purpose of influencing the outcome of any election in Virginia, other than federal elections, shall provide the following information in its statement of organization:
1. The name and address of the committee;
2. The committee’s Federal Election Commission registration identification number; and
3. The name and address of its treasurer.
The State Board shall be required to provide a link from its Internet website to the federal political action committee’s electronically displayed Federal Election Commission campaign finance disclosure reports.
1. Definition for State Board
The State Board of Elections.
2. Definition for Expenditure
Money and services of any amount, and any other thing of value, paid, loaned, provided, or in any other way disbursed by any candidate, campaign committee, political committee, or person for the purpose of expressly advocating the election or defeat of a clearly identified candidate or by any inaugural committee for the purpose of defraying the costs of the inauguration of a Governor, Lieutenant Governor, or Attorney General.
3. Definition for Contribution
Money and services of any amount, in-kind contributions, and any other thing of value, given, advanced, loaned, or in any other way provided to a candidate, campaign committee, political committee, or person for the purpose of expressly advocating the election or defeat of a clearly identified candidate or to an inaugural committee for the purpose of defraying the costs of the inauguration of a Governor, Lieutenant Governor, or Attorney General. “Contribution” includes money, services, or things of value in any way provided by a candidate to his own campaign and the payment by the candidate of a filing fee for any party nomination method.
4. Definition for Primary purpose
50% or more of the committee’s expenditures made in the form of contributions shall be made to candidate campaign committees or political committees registered in Virginia. Administrative expenditures and the transfer of funds between affiliated or connected organizations shall not be considered in determining the committee’s primary purpose. The primary purpose of the committee shall not be determined on the basis of only one report or election cycle, but over the entirety of the committee’s registration.
5. Definition for Political action committee
Any organization, person, or group of persons, established or maintained to receive and expend contributions for the primary purpose of expressly advocating the election or defeat of a clearly identified candidate. The term shall not include a campaign committee, federal political action committee, out-of-state political committee, political party committee, referendum committee, or inaugural committee.
6. Definition for Federal political action committee
Any political action committee registered with the Federal Election Commission that makes contributions to candidates or political committees registered in Virginia.
7. Definition for Party
An organization of citizens of the Commonwealth which, at either of the two preceding statewide general elections, received at least 10 percent of the total vote cast for any statewide office filled in that election. The organization shall have a state central committee and an office of elected state chairman which have been continually in existence for the six months preceding the filing of a nominee for any office.
8. Definition for Board
The State Board of Elections.
9. Definition for State
A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
10. Definition for Primary
An election held for the purpose of selecting a candidate to be the nominee of a political party for election to office.
11. Definition for Election
A general, primary, or special election.
12. Definition for Candidate
A person who seeks or campaigns for an office of the Commonwealth or one of its governmental units in a general, primary, or special election and who is qualified to have his name placed on the ballot for the office. “Candidate” shall include a person who seeks the nomination of a political party or who, by reason of receiving the nomination of a political party for election to an office, is referred to as its nominee. For the purposes of Chapters 8 (§ 24.2-800 et seq.), 9.3 (§ 24.2-945 et seq.), and 9.5 (§ 24.2-955 et seq.), “candidate” shall include any write-in candidate. However, no write-in candidate who has received less than 15 percent of the votes cast for the office shall be eligible to initiate an election contest pursuant to Article 2 (§ 24.2-803 et seq.) of Chapter 8. For the purposes of Chapters 9.3 (§ 24.2-945 et seq.) and 9.5 (§ 24.2-955 et seq.), “candidate” shall include any person who raises or spends funds in order to seek or campaign for an office of the Commonwealth, excluding federal offices, or one of its governmental units in a party nomination process or general, primary, or special election; and such person shall be considered a candidate until a final report is filed pursuant to Article 3 (§ 24.2-947 et seq.) of Chapter 9.3.
13. Definition for Residence
For all purposes of qualification to register and vote, means and requires both domicile and a place of abode. To establish domicile, a person must live in a particular locality with the intention to remain. A place of abode is the physical place where a person dwells.
Case Name: Virginia Soc’y for Human Life, Inc. v. Caldwell
Citation: 500 S.E.2d 814
Case Summary: Holding that group that engages solely in issue advocacy and doesn’t receive contributions or make expenditures to expressly advocate the election or defeat of a clearly identified candidate is not a political committee and is not included in the mandate of this section.
Case Name: Jordahl v. Democratic Party
Citation: 122 F.3d 192
Federal Circuit Court: 4th Circuit Court
Case Summary: Holding that district court did not abuse its discretion in dismissing state law claims arising from state court injunctions prohibiting political organization from distributing campaign literature, due to noncompliance with state campaign laws, where district court dismissed related federal claims as either unripe or barred under Rooker-Feldman doctrine, which generally prohibits district courts from sitting in direct review of state court decisions.
Case Name: Virginia Soc. for Human Life, Inc. v. Caldwell
Citation: 906 F. Supp. 1071
Federal District Court: Western District of Virginia
Case Summary: Holding that distributor of voter guides and antiabortion organization were entitled to preliminary injunction against enforcement of provisions of Virginia’s Campaign Finance Disclosure Act, which requires each person and political committee that anticipates receiving contributions or making expenditures in excess of $100 to file “statement of organization.” The chilling effect of broadly reading statutes was clear and constituted irreparable harm.
Summary of Laws and Policies for Political Action Committees https://perma.cc/2NXS-KQK2