Campaign Contributions and Expenditures

Del. Code tit. 15, ch. 80
in effect

Del. Code tit. 15, § 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.

Del. Code tit. 15, § 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) “Clearly identified candidate” means that the name, a photograph or a drawing of the candidate appears or the identity of the candidate is otherwise apparent by unambiguous reference. (6) “Commissioner” means the State Election Commissioner, or the designee of the Commissioner. (7) “Communications media” means television, radio, newspaper or other periodical, sign, Internet, mail or telephone. (8) “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). (9) “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. (10) a. “Electioneering communication” means a communication by any individual or other person (other than a candidate committee or a political party) that: 1. Refers to a clearly identified candidate; and 2. Is publicly distributed within 30 days before a primary election or special election, or 60 days before a general election to an audience that includes members of the electorate for the office sought by such candidate. For purposes of this section, the term “general election” shall include any annual election for 1 or more members of a school board pursuant to § 1072(c) of Title 14. b. “Electioneering communication” does not include: 1. A communication distributed by a means other than by any communications media; 2. Any membership communication; 3. A communication appearing in a news article, editorial, opinion, or commentary, provided that such communication is not distributed via any communications media owned or controlled by any candidate, political committee or the person purchasing such communication; 4. A communication made in any candidate debate or forum, or which solely promotes such a debate or forum and is made by or on behalf of the person sponsoring the debate or forum. (11) “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 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 (11)a. of this section. d. For a person who makes an expenditure for a third-party advertisement, the election period shall begin and end at the same time as that of the candidate identified in such advertisement, without regard to paragraph (11)a.4. of this section. (12) “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. (13) “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. An expenditure shall constitute an expenditure in coordination, consultation or concert with a candidate and shall not constitute an independent expenditure where: a. There is any arrangement, coordination or direction with respect to the expenditure between the candidate or the candidate’s agent and the person (including any officer, director, employee or agent of such person) making the expenditure; b. The person making the expenditure (including any officer, director, employee or agent of such person) has advised or counseled the candidate or the candidate’s agents on the candidate’s plans, projects or needs relating to the candidate’s pursuit of nomination or election, in the same election period, including any advice relating to the candidate’s decision to seek office; or c. The expenditure is based on information provided to the person making the expenditure directly or indirectly by the candidate or the candidate’s agents about the candidate’s plans, projects or needs; provided, that the candidate or the candidate’s agent is aware that the other person has made or is planning to make expenditures advocating the candidate’s election. (14) “Mailing address” means a physical mailing address, and shall not include a post office box. (15) “Membership communication” means a newsletter or periodical, telephone call, or any other communication distributed solely to the members, shareholders, or employees of an organization or institution. (16) “Officer” means: a. If used with respect to a corporation, a natural person appointed or designated as an officer of such corporation by or pursuant to applicable law or the certificate of incorporation or bylaws of such corporation, or a person who performs with respect to such corporation functions usually performed by an officer of a corporation. Without limitation of the foregoing, the term “officer” shall include the president, vice president, treasurer, secretary, chief executive officer, chief operating officer or chief financial officer of such corporation, or their respective equivalents; and b. If used with respect to an entity other than a natural person or a corporation, a natural person who performs functions usually performed by an officer of a corporation with respect to such entity. (17) “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. (18) “Political action committee” means a political committee which is neither a political party nor a candidate committee. (19) “Political committee” means: a. Any organization or association, whether permanent or created for the purposes of a specific political campaign, which accepts contributions from or makes expenditures to any candidate, candidate committee or political party in an aggregate amount in excess of $500 during an election period, not including independent expenditures; and b. All political parties and candidate committees. (20) “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. (21) “Publicly distributed” means aired, broadcast, delivered or otherwise disseminated to members of the public. (22) “Public office” means an office of this State or any political subdivision thereof which is required by law to be determined by an election. (23) “Responsible party” means any natural person who shares or exercises discretion or control over the activities of any entity required to file reports in accordance with this chapter, and shall include any officer, director, partner, proprietor or other natural person who exercises discretion or control over the activities of such entity. (24) “School board” means the board of education of a reorganized school district consisting of members duly elected or appointed in accordance with Title 14. (25) “Sign” means any outdoor billboard, panel or similar display having an area of at least 3 square feet. (26) “Special election” means: a. For a school board, any election for 1 or more school board members other than the annual election of members pursuant to § 1072(c) of Title 14. b. For any other public office, an election other than a primary or general election to fill a vacancy for public office, created by reason of failure to elect, ineligibility, death, resignation or otherwise, for which there is more than 1 candidate. (27) “Third-party advertisement” means an independent expenditure or an electioneering communication. (28) “Treasurer” means the individual appointed by a candidate to assist the candidate with the duties imposed by this chapter.

Del. Code tit. 15, § 8003 Duties of a candidate [Effective until July 1, 2027].

(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.

Del. Code tit. 15, § 8004 School boards and offices paying under $1,000.

Notwithstanding § 8003 of this title, or any other provision of this chapter, a candidate for election to a school board or to any other public office that pays less than $1,000 per year is not required to form a candidate committee if the candidate signs under penalty of perjury a statement, in a form prepared by the Commissioner, certifying that the candidate does not intend or expect that the candidate’s campaign will receive or spend, from the date of the first contribution or expenditure on behalf of the candidate’s election until the end of the year in which the election for the office is held, more than $5,000. If, notwithstanding the execution of the statement, the candidate’s campaign nevertheless receives more than $5,000 in contributions or expends more than $5,000, including any contributions or expenditures by the candidate, before the end of the year in which the election for the office is held, the candidate shall, within 7 days after the receipt or expenditure in excess of $5,000, notify the Commissioner and cause to be filed all reports that would otherwise have been required under this chapter.

Del. Code tit. 15, § 8005 Duties of a political committee [Effective until July 1, 2027].

A political committee shall: (1) File a statement of organization with the Commissioner no later than 24 hours after it receives any contribution or makes any expenditure that causes the aggregate amount of contributions by or expenditures to such committee to exceed $500 during an election period. The statement of organization shall be filed under penalty of perjury, and shall include the following information: a. The full name and mailing address of the committee; b. The full name and mailing address of each of the officers of the committee, 1 of whom shall be an individual named as its treasurer; c. A concise statement of the committee’s purposes or goals; d. The name, office sought, and party affiliation of any candidate whom the committee is supporting or opposing, to the extent such information is known as of the date of filing; and, if the committee is supporting the entire ticket of any party, the name of the party; and e. If the committee files reports with the Federal Elections Commission or any out-of-state agency, a statement to that effect including the name of the agency. (2) Report any change in its officers within 7 days after such change becomes effective. (3) 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. (4) File with the Commissioner the reports required under this chapter.

Del. Code tit. 15, § 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.

Del. Code tit. 15, § 8007 Training [Effective July 1, 2027].

All candidates and treasurers of political committees must complete a biennial training on campaign finance laws provided by the Commissioner. The initial training must be completed no later than 30 days after a statement of organization is filed with the Commissioner. A new treasurer appointed to a committee after its initial creation must complete the biennial training within 30 days of the treasurer’s appointment. The Commissioner may create regulations to effectuate the purposes of this section.

Del. Code tit. 15, § 8008-8009 §§ 8008-8009. Limits on expenditures; reports and sworn statements; public disclosure; certificates of election.

Repealed by 67 Del. Laws, c. 449, § 1, effective Jan. 1, 1991.

Del. Code tit. 15, § 8010 Contribution limits for candidates.

(a) No person (other than a political party) shall make, and no candidate, treasurer or anyone acting on behalf of any candidate or candidate committee shall accept, any contribution which will cause the total amount of such person’s contributions to or in support of such candidate to exceed, with respect to a statewide election, $1,200 during an election period, or with respect to any election that is not statewide, $600 during an election period. (b) No political party shall make, and no candidate, treasurer or anyone acting on behalf of any candidate or candidate committee shall accept, any contribution which will cause the total amount of contributions from any political party to or in support of a candidate in an election period of such candidate to exceed, for the following offices: (1) Governor: $75,000; (2) All other State-wide offices: $25,000; (3) N.C.C. Executives: $25,000; (4) N.C.C. President: $15,000; (5) All other county offices: $5,000; (6) State Senate: $5,000; (7) State House of Representatives: $3,000; (8) All other offices: $3,000.

Del. Code tit. 15, § 8011 Contribution limits for parties.

No person shall make any contributions which will cause the total amount of such person’s contributions to a political party to exceed $20,000 during an election period. No treasurer or other person acting on behalf of any political party shall accept any contribution which such person knows will cause the total amount of the donor’s contributions to a political party to exceed $20,000 during an election period. The contribution limits set forth in this chapter shall not be applicable to any contributions received by a political party from or on behalf of any national political party, any organization subordinate to such national political party or any other national political organization established for the purpose of supporting elections to national, state and local offices including, but not limited to, the Republican and Democratic Senatorial Campaign Committees, the Republican and Democratic Congressional Campaign Committees, the Republican and Democratic Victory Funds, the Republican and Democratic Governors’ Associations.

Del. Code tit. 15, § 8012 Contribution limits generally.

(a) No person shall make, and no candidate, treasurer or any other person acting on behalf of a political committee shall accept, any contribution in excess of $50 in cash to a political committee during an election period. (b) No political party shall make any contribution to any political action committee. (c) Any contribution by a political action committee shall be by a check which discloses the full name and address of said political action committee. (d) No agency of the State, no political subdivision of the State, no agency of any political subdivision of the State and no agency authorized by an act of the General Assembly shall make any contribution to any political committee or candidate for any elective office. No candidate, treasurer or other person acting on behalf of a political committee shall accept any contribution from any agency of the State, any political subdivision of the State, any agency of any political subdivision of the State or any agency authorized by an act of the General Assembly. Notwithstanding the foregoing, a political subdivision of the State which has enacted an ordinance providing for public financing of elections shall be permitted to make contributions in an amount authorized by such ordinance for campaign expenditures authorized by § 8020 of this title to a candidate committee of a candidate for public office of such political subdivision and the candidate committee shall be permitted to accept such contributions. (e) Any person other than an individual or a political committee which makes a contribution to a political committee shall notify such political committee in writing of the full names and mailing addresses of: (1) All persons who, directly or otherwise, own a legal or equitable interest of 50% or greater (whether in the form of stock ownership, percentage of partnership interest, liability for the debts of the entity, entitlement to the profits from the other entity or other indicia of interest) in such corporation, partnership or other entity, or that no such persons exist; and (2) A responsible party, if such contribution would cause the aggregate amount of contributions by such entity during the election period to exceed $100. The political committee may rely on such notification, and should the notification provided by the representative of the entity be inaccurate or misleading, the person or persons responsible for the notification, and not the political committee which received the contribution, shall be liable therefor. A ratable portion of the contribution by the corporation, partnership or other entity shall be deemed to be a contribution under this chapter to the political committee by each such person who owns a 50% or greater interest in the entity, shall be included within the limit imposed by this section on individual contributions, and shall be so included in the reports filed by the candidate committee with the Commissioner under § 8030 of this title. The Commissioner shall adopt by regulation a uniform summary of the law relating to the reporting of contributions pursuant to this subsection, with illustrative examples of how such law applies in specific cases. Such summary shall be posted on Elections Commissioner’s web site, and shall be provided by a political committee to any person requesting same that has made a contribution to such political committee pursuant to this subsection. (f) Any expenditure made by any political committee on behalf of or in connection with the campaign of any candidate (except an independent expenditure that meets the requirements of this chapter) shall be deemed a contribution under this chapter, shall be included within the limit imposed by § 8010(a) of this title on individual contributions, provided, however, that such expenditures by political parties shall be included within the limit imposed by § 8010(b) of this title on contributions by political parties, and shall be so included in the reports filed by the candidate committee with the Commissioner under § 8030 of this title. Where such an expenditure by any political committee benefits more than 1 candidate, such expenditure shall be prorated among the candidates benefitted for purposes of the limits on contributions. For example, if a billboard depicts 2 candidates’ names and likenesses with equal prominence, each candidate is benefitted equally by the expenditure for the billboard. (g) For purposes of this chapter: (1) Amounts paid by a political party to compensate individuals working on behalf of all of the candidates of the party, and amounts incurred on behalf of or in connection with 5 or more candidates shall not be deemed to be contributions to the candidates of such political party; (2) Any reimbursement paid by 1 political committee to another political committee for costs actually incurred by the other political committee on behalf of the political committee that makes the reimbursement shall not be deemed to be a contribution to such other political committee; (3) If 2 or more candidate committees share the amount of any expenditure permitted under this chapter, no contribution is made, so long as the amounts respectively paid by the respective candidate committees reasonably reflects the amount of the use made by each candidate committee of goods or services for which the expenditure was made; and (4) Costs incurred by political parties for voter registration and get-out-the vote activities conducted by a political party shall not be considered contributions to any candidate.

Del. Code tit. 15, § 8012A Contributions to a political party from a joint account.

(a) Any contribution to a political committee made by means of a check, debit card, or other means of payment from a joint account shall be allocated to the person who signed the check, who authorized the payment in writing, or who provided an electronic signature or electronic verification for such contribution. If more than 1 person on the joint account signed the check, authorized payment in writing, or provided their electronic signature or electronic verification authorizing the contribution, then the contribution shall be allocated equally to those persons unless written directions are provided upon receipt of the check or authorization of payment as to how to allocate the contribution amongst those persons. (b) If a contribution to a political committee by means of a check, debit card, or other form of payment from a joint account causes a contributor to exceed the limits established in this subchapter, the treasurer of such political committee shall either: (1) Return the excessive portion of the contribution to the contributor; or (2) Reattribute such contribution if: a. The treasurer informs such contributor in writing that he or she has exceeded the limit; b. The treasurer informs such contributor in writing that he or she may request the return of the excessive portion of the contribution; and c. Such contributor provides the treasurer with written directions reattributing the contribution signed by each person the contribution is being attributed within 60 days of the political committee receiving the contribution.

Del. Code tit. 15, § 8013 Loan documentation [Effective July 1, 2027].

(a) A loan made to a political committee must be documented by a written record that includes all of the following: (1) The lender’s name, address, and signature. (2) A statement of the schedule for repayment of the loan. (3) A statement of the interest rate of the loan. (b) A candidate may not charge interest on a loan made by a candidate to the candidate’s own candidate committee. (c) A political committee shall attach the written record required under subsection (a) of this section to a report required under subchapter IV of this chapter. (d) The following applies to the proceeds of a loan subject to the requirement of subsection (a) of this section: (1) The proceeds of the loan must be deposited into the political committee’s designated account within 3 business days of receipt of the proceeds. (2) The proceeds of the loan must not be held in a candidate’s personal account at a financial institution or in the account of another person.

Del. Code tit. 15, § 8020 Authorized campaign expenditures.

No political committee may make any expenditure except for the following purposes: (1) Wages of full-time or part-time campaign staff (but no salary or wage for a candidate or a candidate’s spouse). (2) Travel expenses of the candidate and campaign staff. (3) Payment of fees or charges for placing the name of the candidate on the ballot, and for collecting the returns of the election. (4) Costs of telephone and other communications services. (5) Costs of postage and other delivery services. (6) Printing and stationery. (7) Food, refreshments and related supplies. (8) Purchase and preparation of lists of voters. (9) Taking polls and making canvasses of voters. (10) Payment for election watchers. (11) Rental of office and rental and purchase of equipment. (12) Advertising and publicity. (13) In the case of a candidate committee, purchase of tickets to permit the candidate’s attendance at civic or political events; and in the case of a political action committee, contributions within authorized limits, to any other political committee. (14) Holding, promoting and furnishing meetings, demonstrations, conventions, and paying musicians and others rendering services in connection with those activities. (15) Employing attorneys, accountants and other professional advisors. (16) In the case of a candidate committee, contributions, within the limits set forth in § 8010(a) of this title, to another candidate committee, or as otherwise provided in § 8022 of this title. (17) In the case of a political party or a political action committee, contributions, within authorized limits, to a candidate committee. (18) In the case of any political action committee, in addition to any other expenditure authorized by this chapter, contributions to a political party within the limits set forth in § 8011 of this title. (19) Returning any donor’s contribution up to the amount donated. (20) Reasonable and necessary expenses for the care of the candidate’s child or children incurred in connection with the candidate’s campaign activities. (21) Any fee associated with obtaining a criminal history background check as required under this title. (22) a. Security expenses related to ensuring the safety of the candidate that are associated with the candidate’s activities, duties, or status as a candidate or elected official. Security expenses authorized under this paragraph must be separately itemized on political committee reports required under this chapter. b. For purposes of this paragraph, “security expenses” include the reasonable costs of installing and monitoring a home or office electronic security system, personal security, cameras, fences, or other comparable security-related equipment or devices reasonably necessary to address a security risk arising from the candidate’s status. “Security expenses” do not include payments for a firearm.

Del. Code tit. 15, § 8021 Identification of purchaser.

(a) All campaign advertisements having a fair market value of $500 or more, except printed items with a surface of less than 9 square inches, shall include prominently the statement: “Paid for by [name of political committee or other person paying for such advertisement].” For purposes of this section, “campaign advertisements” shall include any communication by a candidate committee or political party that would otherwise qualify as an independent expenditure or an electioneering communication but for the fact it was made by a candidate committee or political party. (b) All third-party advertisements having a fair market value of $500 or more, except printed items with a surface of less than 9 square inches, shall include prominently the statement: “Paid for by [name of political committee or other person paying for such third-party advertisement. Learn more about [name of person] at [Commissioner of Elections’ web address].” (c) The Commissioner may adopt regulations regarding the size, placement and duration of the foregoing statements as the same shall apply to specific forms of campaign advertisements. In connection therewith, the Commissioner may modify or amend the foregoing statements to conform to the requirements of a particular medium (i.e., television, radio, print, Internet), and may by regulation create exemptions from the requirements hereunder where compliance is not reasonably practicable due to the small size or short duration of such advertisements. In all events, however, campaign advertisements having the same medium and duration (for example, 15-second radio advertisements or Internet advertisements having less than 200 characters) shall be subject to the same requirements.

Del. Code tit. 15, § 8022 Leftover funds.

Any funds remaining in any political committee which has completed its activities and paid all its creditors shall be paid to a successor committee or committees without being subject to the contribution limits set forth in this chapter or shall be donated to any religious, charitable, educational or scientific organization exempt from Delaware income tax under § 1902(b)(2) of Title 30 or to any volunteer fire company, and to no other person, except that an amount not in excess of the amount listed in § 8011 of this title may be given to the political party eligible to be listed on any general election ballot under § 3001 of this title. For purposes of this section, the term “successor committee” shall include any political committee, or committees, as that term is defined by § 8002(19) of this title; provided, however, that where the successor committee is one other than a candidate committee formed to promote the election of the same candidate to a different office than that for which the candidate’s original candidate committee was formed, the contribution limits set forth in this chapter shall apply.

Del. Code tit. 15, § 8030 Reports of political committees.

(a) Each candidate (except a candidate who is excused from filing a report under § 8004 of this title) and every treasurer (except of a candidate excused from filing a report under § 8004 of this title) shall be responsible for filing with the Commissioner reports of contributions and expenditures on forms prescribed by the Commissioner for every reporting period during which a political committee is in existence. A candidate shall be jointly responsible with the treasurer for the filing of the report of a candidate committee. (b) A reporting period shall begin on the day after the previous reporting period (except that for a newly-formed committee, the reporting period begins on the date the first contribution is received or expenditure made by or on behalf of such committee) and shall end on the following dates: (1) December 31 of every year, before or after an election, from the time the committee receives its first contribution or makes its first expenditure, until and including the year in which contributions and expenditures are balanced and the political committee terminates; (2) 30 days before any election (except for committees of candidates not on the ballot at such election); (3) 8 days before any election (except for committees of candidates not on the ballot at such election). (c) (1) Each report required by paragraph (b)(1) of this section must be: a. Filed by the political committee using the Department’s campaign finance reporting system and received by the Commissioner by 11:59 p.m. of the twentieth day after the end of the reporting period which is not a state holiday under Chapter 5 of Title 1. b. [Repealed.] (2) Each report required by paragraph (b)(2) of this section must be: a. Filed by the political committee using the Department’s campaign finance reporting system and received by the Commissioner by 11:59 p.m. of the second day after the end of the reporting period which is not a state holiday under Chapter 5 of Title 1. b. [Repealed.] (3) Each report required by paragraph (b)(3) of this section must be filed by the political committee using the Department’s campaign finance reporting system and received by the Commissioner by 11:59 p.m. of the second day after the end of the reporting period which is not a State holiday under Chapter 5 of Title 1. (d) Each report under this section shall disclose all of the following information, for the entire reporting period: (1) Amount of cash and other intangible and tangible assets on hand at the beginning of the reporting period; (2) Full name and mailing address of each person who has made contributions to such political committee (including the purchase of tickets for events such as dinners, luncheons, rallies and similar fund-raising events, whether or not the tickets were used by the person who paid for them) during the election period in an aggregate amount or value in excess of $100, the total of all contributions from such person during the election period, and the amount and date of all contributions from such person during the reporting period. If the person who made the contribution is not an individual, then the report shall also include the name and address of 1 responsible party for such person; (3) Total of contributions made to such political committee during the reporting period and not reported under paragraph (d)(2) of this section; (4) Name and address of each political committee from which the political committee received, or to which the political committee made, any transfer of funds, together with the amounts and dates of all transfers, no matter what the amount; (5) The amount of each debt in excess of $50, owed to or owing by such political committee at the end of the reporting period, the full names and mailing addresses of any lender, borrower and endorser of such debt, the date and the interest rate of such loan, and a description of any security given therefor; (6) Total amount of proceeds from: a. Sale of tickets to each reception, meal, rally or other fund-raising event; b. Collections made at such events; and c. Sales of items such as campaign pins, buttons, badges and similar materials; provided, however, that all payments and contributions by any person, whether as gifts, as purchases of tickets or other goods or services, or partially as gifts and partially as purchases, by any person during any election period, shall be aggregated and, if such aggregate total exceeds $50 during such election period, shall be reported under paragraph (d)(2) of this section; (7) Each contribution or other receipt in excess of $100 not otherwise listed under paragraphs (d)(2) through (6) of this section; (8) Total receipts by such political committee or candidate during the reporting period; (9) Full name and mailing address of each person to whom any expenditure has been made by such political committee during the reporting period in an aggregate amount in excess of $100, the amount, date and purpose of each such expenditure and the name of, and office sought by, each candidate on whose behalf such expenditure was made; (10) Total expenditures made by such political committee or candidate in connection with such campaign; and (11) All goods and services that are contributed in kind, or at no charge or at a cost less than fair market value (except for services excluded from the definition of “contribution” under § 8002 of this title) to the extent that the fair market value, less any amount paid by the candidate or committee, exceeds $100. (e) The reports required to be filed by this section shall be cumulative for the election period to which they relate, but where there has been no change in an item previously reported, only the amount need be carried forward. (f) Each statement shall be accompanied by an affidavit verified by the candidate or the treasurer of the political committee, which states as follows: “I solemnly swear [or affirm] that the foregoing statement is in every respect true and correct, and discloses all contributions received and expenditures required by me under Title 15, Chapter 80 of the Delaware Code.” (g) The report required under paragraph (b)(3) of this section may omit the information required under paragraph (d)(9) of this section; provided, however, that all such information shall be disclosed in the next report required hereunder.

Del. Code tit. 15, § 8031 Special reports — Third-party advertisements.

(a) Any person other than a candidate committee or political party who makes an expenditure for any third-party advertisement that causes the aggregate amount of expenditures for third-party advertisements made by such person to exceed $500 during an election period shall file a third-party advertisement report with the Commissioner. The report shall be filed under penalty of perjury and shall include the following: (1) The information required under § 8005(1) of this title with respect to the person making such expenditure; (2) The full name and mailing address of each person to whom any expenditure has been made by such person during the reporting period in an aggregate amount in excess of $100; the amount, date and purpose of each such expenditure; and the name of, and office sought by, each candidate on whose behalf such expenditure was made; (3) The full name and mailing address of each person who has made contributions to such person during the election period in an aggregate amount or value in excess of $100; the total of all contributions from such person during the election period, and the amount and date of all contributions from such person during the reporting period; (4) If a person who made a contribution under paragraph (a)(3) of this section is not an individual, the full name and mailing address of: a. Any person who, directly or otherwise, owns a legal or equitable interest of 50 percent or greater in such entity; and b. One responsible party, if the aggregate amount of contributions made by such entity during the election period exceeds $1,200; and (5) The aggregate amount of all contributions made to the person who made the expenditure. (b) For purposes of this section, a reporting period shall begin on the day after the previous reporting period under § 8030 of this title or this section, whichever is later. However, if the person making the expenditure hereunder was not previously required to file any reports during the election period under § 8030 of this title or this section, then the reporting period shall begin on the date the first contribution is received or expenditure made by or on behalf of such person in the current election period. A reporting period shall end on the date of the expenditure set forth in subsection (a) of this section. (c) Any person other than an individual that makes a contribution for which disclosure is required under paragraph (a)(3) of this section shall provide written notification in accordance with § 8012(e) of this title to the person filing the report hereunder. The person filing the report may rely on such notification, and should the notification provided by the representative of the entity be inaccurate or misleading, the person or persons responsible for the notification, and not the person filing the report, shall be liable therefor. (d) If the expenditure is made more than 30 days before a primary or special election or 60 days before a general election, the report required under this section shall be filed within 48 hours after such expenditure is made. If the expenditure is made 30 days or less before a primary or special election or 60 days or less before an election, such report shall be filed with the Commissioner within 24 hours after such expenditure is made. For purposes of this section, an expenditure shall be deemed to be made on the date it is paid or obligated, whichever is earlier. (e) The Commissioner shall adopt regulations exempting, to the extent possible, persons from reporting duplicative information under this chapter. (f) Persons required to file reports under this section shall retain complete records of all expenditures made and contributions received in connection herewith for 3 years following the election for which such report was filed.

Del. Code tit. 15, § 8031A Negative balance prohibited [Effective July 1, 2027].

No report submitted under § 8030 or § 8031 of this title may contain a negative ending balance. “Ending balance” means the ending balance from the last reporting period and total receipts from the current reporting period minus total expenditures from the current reporting period. A report containing a negative balance is incomplete and may be considered tardy under § 8044 of this title.

Del. Code tit. 15, § 8032 Public disclosure.

All reports made to the Commissioner and all rulings made by the Commissioner under this chapter shall be public and shall, immediately upon their filing, be made available by the office of the Commissioner for inspection and copying at reasonable cost by the public, except that the identity of the candidate or committee which requested a ruling shall not be disclosed without the candidate’s or committee’s consent. The Office of the Election Commissioner shall remain open beyond the ordinary close of business on the day the reports are due to be received under § 8030(c) of this title, until all persons who are present at said office at the time of the ordinary close of business have had an opportunity to make reasonable inspection and copying of said reports. Any contributor who is a law-enforcement officer as defined by § 222 or § 2401 of Title 11, a probation and parole officer, or a federal or state judicial officer may request that the Commissioner remove that officer’s mailing address from any report to the Commissioner before the report is publicly disclosed. Any other person, upon application to the board of elections for the county in which that person resides, may request that the person’s mailing address be removed from any report to the Commissioner before the report is publicly disclosed. After considering the application, if the board of elections determines that good cause exists, it shall approve the removal of the person’s mailing address by the Commissioner before the report is publicly disclosed.

Del. Code tit. 15, § 8033 Reporting campaign violations.

(a) The Department shall establish a telephone number and online form for the reporting of any suspected violations under this chapter. (b) A person reporting a suspected violation under subsection (a) of this section must provide their name, address, telephone number and email address to the Department. The information provided under this subsection is not a “public record” as defined under Chapter 100 of Title 29.

Del. Code tit. 15, § 8040 Certificates of election.

No certificate of election shall be granted to any candidate until the Superior Court has certified that such candidate has caused to be filed all reports required by § 8030 of this title to be filed prior to the election.

Del. Code tit. 15, § 8041 Duties and powers of Commissioner [Effective until July 1, 2027].

The Commissioner shall: (1) Make and publish such rules and regulations not inconsistent with the provisions of this chapter as are necessary to implement and enforce this chapter. Upon their adoption under the provisions of the Administrative Procedures Act (Chapter 101 of Title 29), such rules and regulations shall have the force and effect of law. Without limitation of the foregoing, no later than December 31, 2012, the Commissioner shall promulgate all forms required in connection with the filing of reports under this chapter, as well as regulations: a. Exempting, to the extent possible, persons from reporting duplicative information hereunder; b. Promulgating standards with respect to the size, layout and timing of the statements required under § 8021 of this title; c. Adopting any amendments or modifications to the statements required under § 8021 of this title, or exemptions from the requirements thereunder; and d. Adopting procedures for the electronic filing of reports and the posting of said reports to the Commissioner of Elections’ web site. (2) At the request of any person, make a ruling that applies this chapter to a set of facts specified by the person. The entire such ruling shall be made in writing, and a copy thereof shall be made available to any person, except that the identity of the person that requested the ruling shall not be disclosed without the person’s consent. Copies of the ruling shall be mailed immediately to the Governor, the Attorney General and the chair of each political party entitled to be listed on any general election ballot under § 3001 of this title. Within 7 days after any such ruling is made, a summary thereof shall be mailed to each candidate having a committee which has not completed its activities on file in the office of the Commissioner and shall be distributed to any person who has, within the previous 12 months, requested distribution of such summaries. Any candidate or treasurer who reasonably and in good faith acts in reliance upon any ruling requested by that candidate or treasurer pursuant to this section, shall not be liable nor subject to any penalty with respect to conduct conforming to the ruling, provided there was a full disclosure to the Commissioner of all material facts necessary for the ruling. (3) Mail to the treasurer of every political committee, to every candidate for whom a political committee has been formed, and to every candidate who has notified the Commissioner of the candidate’s candidacy under § 3101 of this title, a copy of this chapter, the rules and regulations thereunder and a concise explanation of their terms, responsibilities and penalties, not later than 15 days after such political committee has been formed or such candidate has filed for office. In January of every election year, the Commissioner shall send similar documents to the chairs of all political parties’ legally recognized political party subdivisions, down to the local organizing district level. (4) Retain and permit public inspection of all reports required to be filed under this chapter for 10 years after the end of the calendar year to which they pertain.

Del. Code tit. 15, § 8042 Civil remedies.

For purposes of any civil remedy on behalf of any injured person, the Court of Chancery shall have jurisdiction.

Del. Code tit. 15, § 8043 Violations; penalties; jurisdiction in Superior Court.

(a) Except as set forth in § 8044 of this title, any person who knowingly violates any provision of § 8003, § 8004 or § 8005 of this title shall be guilty of a class B misdemeanor. (b) Any person who knowingly accepts or knowingly makes an unlawful contribution or expenditure in violation of any provision of subchapter II or III of this chapter shall be guilty of a class A misdemeanor. (c) Any reporting party who knowingly files any report required under this chapter that is false in any material respect, or fails to file any such report, shall be guilty of a class A misdemeanor. For purposes of this subchapter, “reporting party” means any candidate, treasurer or other person required to file reports under this chapter. (d) Any person who knowingly violates any provision of § 8006 of this title shall be guilty of a class G felony. (e) A reporting party who reasonably relies upon information provided by another person which is inaccurate, false or misleading and who has no reason to know that such information was inaccurate, false or misleading, shall not be liable for any report filed by such reporting party which is inaccurate, false or misleading as a result of such information, if such reporting party, within 30 days after learning that such information was inaccurate, false or misleading, files an amended report with the Commissioner that corrects the inaccurate, false or misleading aspects of the report. Where a reporting party files an amended report later than 30 days after learning that such information was inaccurate, false or misleading, the reporting party shall not be liable if the reporting party shows good cause for filing the amended report beyond the 30-day period. (f) The Superior Court shall have jurisdiction over all offenses under this chapter. (g) A reporting party shall report immediately to the Commissioner and the Attorney General any attempt to make a prohibited contribution, or to demand a prohibited expenditure, where such attempt is made with intent to violate this chapter. (h) A reporting party who receives a prohibited contribution or makes a prohibited expenditure without intent to violate this chapter will not be held liable for a violation of this chapter if the reporting party does either of the following within 30 days after being informed by the Department that the contribution or expenditure was prohibited: (1) Returns the contribution or reimburses the political committee or other person making the expenditure. (2) Pays the contribution to the State Treasurer for deposit in the General Fund. (i) Any person who accepts an unlawful contribution from a person or entity with knowledge that it is a prohibited contribution under this title must return the full amount of the unlawful contribution to the donor. (j) A reporting party who violates § 8021 of this title shall be assessed a fine by the Commissioner of $500 or 25% of the cost of the campaign advertisement subject thereto, whichever is greater.

Del. Code tit. 15, § 8044 Tardy reports [Effective until July 1, 2027].

(a) (1) The Commissioner may issue a citation to a reporting party when a report required under this chapter is tardy. (2) For the purposes of this section, “tardy” and “tardiness” means a report that is not filed, not filed on time, or is filed on time but incomplete. (3) Notwithstanding paragraph (a)(1) of this section, a reporting party is entitled to an automatic, 1-time 24-hour extension to file a report required under this chapter if the reporting party notifies the Commissioner in writing no later than 11:59 p.m. on the date the report is due. (4) a. The penalty for a citation issued under paragraph (a)(1) of this section is as follows: 1. An administrative penalty of $50 for each day that the report is tardy in delivery to the Commissioner, up to a maximum of 100 days. 2. An order requiring the completion of training on the Department’s electronic campaign finance reporting system. b. The penalty under this paragraph (a)(4) is in addition to any other sanction provided by this chapter. (5) a. A reporting party named in a citation is responsible for the administrative penalty assessed under paragraph (a)(4)a.1. of this section. b. Notwithstanding paragraph (a)(5)a. of this section, the administrative penalty may be paid by a political committee or political action committee for which a reporting party named in a citation is responsible for filing a report required under this chapter. (6) The Commissioner may do the following: a. If a reporting party has filed or corrected the tardy report, permit the reporting party to enter a payment plan to pay an administrative penalty assessed against the reporting party. b. If an administrative penalty assessed against a reporting party totals less than $500 and the reporting party has filed or corrected the tardy report, waive the administrative penalty assessed against the reporting party, in whole or part. c. If a reporting party has filed or corrected the tardy report, negotiate with the reporting party to reach a settlement as to the total administrative penalty due. (b) (1) If the Commissioner issues a citation under subsection (a) of this section, the citation must include all of the following: a. The name and address of the reporting party charged. b. A statement explaining why the Commissioner has determined the report to be tardy. c. A statement that a penalty for a tardy report is an administrative penalty under paragraph (a)(4) of this section and that the penalty is being assessed for each late day that the report is tardy. d. Information on how to complete the training required under paragraph (a)(4)a.2. of this section. e. A statement that the reporting party receiving the citation may appeal the Commissioner’s determination to the Reports Appeals Subcommittee of the State Board of Elections under § 220 of this title (“Subcommittee”) within the time prescribed under subsection (c) of this section. f. The consequences of failing to do 1 of the following: 1. File the tardy report, pay the penalty due, and complete training on the Department’s electronic campaign finance reporting system. 2. Demand an appeal in the time prescribed under subsection (c) of this section. (2) The Commissioner shall serve a citation on a reporting party by 1 of the following: a. Personal service on the reporting party. b. Certified mail, return receipt requested, to the reporting party’s last known address and by electronic means to the reporting party’s last known e-mail address. (c) On receipt of a citation under subsection (b) of this section, a reporting party has 30 days to appeal the citation in writing to the Subcommittee. (d) (1) When an appeal is timely filed under subsection (c) of this section, the Subcommittee shall do all of the following: a. Meet and conduct an appeal hearing not later than 45 days after the filing of the appeal. The Subcommittee Chair shall schedule the meeting and give notice of the meeting to the members and the reporting party that filed the appeal. b. Take testimony. c. Keep records of all evidence taken at a hearing under this section, including a recording of the hearing by electronic or any other means standard to recording judicial or quasi-judicial hearings. d. Make and put into writing factual findings and conclusions regarding the appeal. e. Notify the reporting party of the Subcommittee’s factual findings and conclusions regarding the appeal by mail to the reporting party’s last known address and by electronic means to the reporting party’s last known e-mail addressnot later than 10 business days after the hearing on the appeal. The notice must include a statement on the consequences of failing to file the tardy report, pay the penalty due, and complete training on the Department’s electronic campaign finance reporting system. (2) The accrual and payment of the administrative penalty due and mandatory training required under paragraph (a)(4) of this section is stayed pending a validly filed appeal. (e) The reporting party has the opportunity and burden of proof to show the Subcommittee, by a preponderance of the evidence, that the reporting party’s tardiness in filing a report required under this chapter is due to reasonable cause and not wilful neglect. (f) (1) If the Subcommittee determines that a reporting party’s tardiness in filing a report required under this chapter is not due to reasonable cause, or the reporting party fails to timely file an appeal, the administrative penalty under paragraph (a)(4) of this section constitutes a debt due and owing the State, assessable by the Commissioner and recoverable against the reporting party. (2) If the Subcommittee determines that a reporting party’s tardiness in filing a report required under this chapter is not due to reasonable cause, the stay on the accrual and payment of the administrative penalty due under paragraph (a)(4) of this section is immediately lifted and penalty continues to accrue until the tardy report is filed or the maximum period under paragraph (a)(4)a.1. of this section is met. (g) The Subcommittee shall notify the Office of the Attorney General that the reporting party has failed to file a report if a tardy report is not filed or corrected not later than 30 days after 1 of the following: (1) A determination by the Subcommittee that the tardiness is not due to reasonable cause. (2) The expiration of the appeal period set forth in subsection (c) of this section. (h) On receipt of the notice under subsection (g) of this section, the Attorney General may file charges based on the reporting party’s failure to file the report that is the subject of the citation. (i) The Commissioner shall publish all of the following information on the Department of Elections website: (1) The name of a candidate who the Subcommittee determines has failed to file or correct a report without reasonable cause. (2) The name of a candidate against whom the Commissioner has assessed an administrative penalty for failing to file or correct a report required by this chapter, along with the total amount of the penalty.

Del. Code tit. 15, § 8045 Attorney General candidates.

Whenever it shall be alleged that an offense under this chapter has been committed by a candidate for the Office of Attorney General of Delaware, if the Chancellor of the State of Delaware finds probable cause, based on sworn information, to believe this chapter has been violated, a member of the Bar of the Supreme Court of the State of Delaware shall be appointed as independent counsel by the Chancellor. Such independent counsel shall have the authority to prosecute any violation of this chapter that has been committed by any candidate for the Office of Attorney General.

Del. Code tit. 15, § 8045A Use of prerecorded or automated voice message.

(a) Every individual, party, entity, person, including a corporation, organization, political or otherwise, candidate for public office, political party, company, or otherwise that makes an automated telephone call, which includes without limitation a pre-recorded or automated voice message and is commonly referred to as a “robo call,” in support of and/or against a candidate for public office and/or a political party shall fully disclose, at the start of such call and before any message is delivered: (1) The full, legal name of the individual, party, entity, person, including a corporation, organization, political or otherwise, candidate for public office, political party, committee, company, or otherwise on whose behalf such individual, party, entity, person, including a corporation, organization, political or otherwise, candidate for public office, political party, committee, company, or otherwise is placing the automated call; (2) The individual, party, entity, person, including a corporation, organization, political or otherwise, candidate for public office, political party, committee, company, or otherwise that has paid for the automated telephone call; and (3) When paragraphs (a)(1) and/or (a)(2) of this section are other than an individual, disclosure of the name of the president (or other chief officer and treasurer) of the entity listed in paragraphs (a)(1) and/or (a)(2) of this section shall also be made. (b) An automated call, as described in subsection (a) of this section, shall be received no earlier than 8 a.m. nor later then 9 p.m., as such time is determined in the State. (c) Failure to make the disclosures mandated by subsection (a) of this section or to comply with the restrictions set forth in subsection (b) of this section shall result in a civil fine of $25 per incident, as determined by each household in the State that was called and the caller failed to make the necessary disclosures in subsection (a) of this section or a call was received in violation of the restrictions set forth in subsection (b) of this section.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title15/c080/sc01/index.htmlFetched: 10/4/2026