Topics
Code Section
Virginia > Title 24.2 Elections > Campaign Finance Disclosure Act Of 2006

§ 24.2-951.1 Statement of organization for a referendum committee

Overview of Statute

This section requires referendum committees to file statements of organization. Required contents of the statement are listed in this section.

Statute

A. Any referendum committee subject to the provisions of this article 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 the pertinent amounts stated in the definition of referendum committee in § 24.2-945.1. Any change in information previously submitted in a statement of organization shall be reported to the State Board within 10 days following the change.

B. The statement of organization for a referendum committee shall include:

1. The name of the referendum 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 committee;

4. The name and business address of the treasurer and his residence address in the Commonwealth who shall be deemed the agent of the referendum committee for the purpose of service of process on the referendum committee;

5. The name, 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 subject of the referendum, the date and location of the election, and a statement whether the committee is promoting or opposing the referendum question;

7. The designated depository to be used for the receipt and holding of funds and contributions received by the referendum 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.

2003, c. 257, § 24.2-910.1; 2005, c. 745; 2006, cc. 787, 892.

Definition [Referendum]

Any election held pursuant to law to submit a question to the voters for approval or rejection.

See § 24.2-101.

Definition [State Board]

The State Board of Elections.

See § 24.2-101.

Definition [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.

See § 24.2-945.1.

Definition [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.

See § 24.2-945.1.

Definition [Referendum committee]

Any organization, person, group of persons, or committee, that makes expenditures in a calendar year in excess of (i) $10,000 to advocate the passage or defeat of a statewide referendum, (ii) $5,000 to advocate the passage or defeat of a referendum being held in two or more counties and cities, or (iii) $1,000 to advocate the passage or defeat of a referendum held in a single county or city.

See § 24.2-945.1.

Definition [Board]

The State Board of Elections.

See § 24.2-101.

Definition [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.

See § 24.2-452.

Definition [Election]

A general, primary, or special election.

See § 24.2-101.

Definition [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.

See § 24.2-101.

Cases

Virginia Cases

Out-of-State Cases

Case State: virginia

Case Name: Virginia Soc’y for Human Life, Inc. v. Caldwell

Citation: 500 S.E.2d 814

Year: 1998

Case URL: https://www.ravellaw.com/opinions/70eca3303eaf7fee014937abd57ff2cc

Case Summary: Holding that “for the purpose of influencing the outcome of an election” as used in Campaign Finance Disclosure Act, which requires certain individuals or organizations that give money and services of any amount “for the purpose of influencing the outcome of an election” to file a statement of organization and to report expenditures to the State Board of Elections, does not apply to individuals or groups that engage solely in issue advocacy and that do not advocate the election or defeat of a clearly identified candidate.

Federal Cases

Case Name: Jordahl v. Democratic Party

Citation: 122 F.3d 192

Federal Circuit Court: 4th Circuit Court

Year: 1997

Case URL: https://www.ravellaw.com/opinions/2465c47c796b10f019049be6de082120

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

Year: 1995

Case URL: https://www.ravellaw.com/opinions/27512b32f8938b586f9a2aaeb6c9eaea

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.

Additional Resources

Useful Links