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SPONSOR: Rep. Morrison & Sen. Townsend
Reps. Bolden, Snyder-Hall, Gorman, Harris; Sen. Cruce
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 344
AN ACT TO AMEND TITLES 15 AND 29 OF THE DELAWARE CODE RELATING TO CAMPAIGN FINANCE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
1 Section 1. Amend § 8003, Title 15 of the Delaware Code by making deletions as shown by strike through and
2 insertions as shown by underline as follows:
3 § 8003. Duties of a candidate.
4 (c) A (1) Prior to [2 years after the effective date of this Act], a candidate shall cause the candidate’s own
5 candidate committee to keep complete records of all contributions received and all expenditures made by or on behalf of the
6 candidate’s candidacy, and shall must retain such the records for 3 full years following the most recent election in which
7 that candidate was a candidate; provided, however, that the candidate need not keep records of the names and mailing
8 addresses of persons making contributions of $100 or less in an election period.
9 (2) Beginning [2 years after the effective date of this Act], a candidate shall cause the candidate’s own
10 candidate committee to keep complete records of all contributions received and all expenditures made by or on behalf
11 of the candidate’s candidacy, and must retain the records for 5 full years following the most recent election in which
12 that candidate was a candidate; provided, however, that the candidate need not keep records of the names and mailing
13 addresses of persons making contributions of $100 or less in an election period.
14 (3) For purposes of this subsection, “records” include bank account statements, cancelled checks, deposit
15 tickets, receipts of expenditures, and any record that verifies that an expenditure was made on behalf of the committee
16 and not for personal use.
17 (d) A candidate shall file or cause to be filed with the Commissioner the reports required of that candidate’s
18 campaign committee under § 8030 of this title.
19 (e) A candidate shall designate an individual as treasurer of that candidate’s candidate committee, in order to assist
20 with the duties under this chapter, but nothing shall relieve the candidate from the responsibility for keeping the records and
21 filing the reports required by this chapter. The candidate must report the name and contact information of the treasurer to
22 the Commissioner upon the formation of the committee. Within 7 business days, the candidate must notify the
23 Commissioner in writing of any change of treasurer.
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24 (f) A candidate for state office shall file the financial disclosure reports required by subchapter II, Chapter 58 of
25 Title 29.
26 (g) A candidate and a candidate committee’s treasurer must complete a biennial training on campaign finance laws
27 provided by the Commissioner in accordance with § 8007 of this title.
28 Section 2. Amend § 8005, Title 15 of the Delaware Code by making deletions as shown by strike through and
29 insertions as shown by underline as follows:
30 § 8005. Duties of a political committee.
31 A political committee shall:
32 (1) File a statement of organization with the Commissioner no later than 24 hours after it receives any contribution
33 or makes any expenditure that causes the aggregate amount of contributions by or expenditures to such committee to
34 exceed $500 during an election period. The statement of organization shall be filed under penalty of perjury, and shall must
35 include all the following information:
36 a. The full name and mailing address of the committee; committee.
37 b. The full name and mailing address of each of the officers of the committee, 1 of whom shall be an
38 individual named as its treasurer; treasurer.
39 c. A concise statement of the committee’s purposes or goals; goals.
40 d. The name, office sought, and party affiliation of any candidate whom the committee is supporting or
41 opposing, to the extent such information is known as of the date of filing; and, if the committee is supporting the
42 entire ticket of any party, the name of the party; and party.
43 e. If the committee files reports with the Federal Elections Commission or any out-of-state agency, a
44 statement to that effect including the name of the agency.
45 (2) Report any change in its officers within 7 days after such change becomes effective.
46 (3) Keep complete records of all contributions received and all expenditures made by or on behalf of the
47 political committee, committee. Prior to [2 years after the effective date of this Act], the committee shall retain such all
48 records for 3 full years following the election in connection with which the contributions and expenditures were made.
49 Beginning [2 years after the effective date of this Act], the committee shall retain all records for 5 full years following
50 the election in connection with which the contributions and expenditures were made.
51 (4) File with the Commissioner the reports required under this chapter.
52 Section 3. Amend Subchapter I, Chapter 80, Title 15 of the Delaware Code by making deletions as shown by
53 strike through and insertions as shown by underline as follows:
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54 § 8007. Training.
55 All candidates and treasurers of political committees must complete a biennial training on campaign finance laws
56 provided by the Commissioner. The initial training must be completed no later than 30 days after a statement of
57 organization is filed with the Commissioner. A new treasurer appointed to a committee after its initial creation must
58 complete the biennial training within 30 days of the treasurer’s appointment. The Commissioner may create regulations to
59 effectuate the purposes of this section.
60 Section 4. Amend § 8013, Title 15 of the Delaware Code by making deletions as shown by strike through and
61 insertions as shown by underline as follows:
62 § 8013. Short title Loan documentation.
63 Repealed by 67 Del. Laws, c. 449, § 1, effective Jan. 1, 1991.
64 (a) A loan made to a political committee must be documented by a written record that includes all of the
65 following:
66 (1) The lender’s name, address, and signature.
67 (2) A statement of the schedule for repayment of the loan.
68 (3) A statement of the interest rate of the loan.
69 (b) A candidate may not charge interest on a loan made by a candidate to the candidate’s own candidate
70 committee.
71 (c) A political committee shall attach the written record required under subsection (a) of this section to a report
72 required under Subchapter IV of this chapter.
73 (d) The following applies to the proceeds of a loan subject to the requirement of subsection (a) of this section:
74 (1) The proceeds of the loan must be deposited into the political committee’s designated account within 3
75 business days of receipt of the proceeds.
76 (2) The proceeds of the loan must not be held in a candidate’s personal account at a financial institution or in
77 the account of another person.
78 Section 5. Amend § 8041, Title 15 of the Delaware Code by making deletions as shown by strike through and
79 insertions as shown by underline as follows:
80 § 8041. Duties and powers of Commissioner.
81 The Commissioner shall:
82 (5) Submit a monthly report to the Division of Civil Rights and Public Trust that contains a list of all alleged
83 violations of this chapter that are under investigation or have not been resolved.
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84 (6) Have the authority to audit committee reports for compliance with this chapter. The Commissioner may
85 promulgate regulations regarding procedures for an audit under this paragraph.
86 (7) Establish a mandatory biennial training program on the requirements of this chapter to be completed by
87 candidates and treasurers of political committees.
88 Section 6. Amend § 8044, Title 15 of the Delaware Code by making deletions as shown by strike through and
89 insertions as shown by underline as follows:
90 § 8044. Tardy reports.
91 (a) (1) The Commissioner may issue a citation to a reporting party when a report required under this chapter is
92 tardy.
93 (2) For the purposes of this section, “tardy” and “tardiness” means a report that is not filed, not filed on time,
94 or is filed on time but incomplete.
95 (3) Notwithstanding paragraph (a)(1) of this section, a reporting party is entitled to an automatic, 1-time 24-
96 hour 48-hour extension to file a report required under this chapter if the reporting party notifies the Commissioner in
97 writing no later than 11:59 p.m. on the date the report is due.
98 (4) a. The penalty for a citation issued under paragraph (a)(1) of this section is as follows:
99 1. An administrative penalty of $50 for each day that the report is tardy in delivery to the
100 Commissioner, up to a maximum of 100 days.
101 2. An order requiring the completion of training on the Department’s electronic campaign finance
102 reporting system.
103 b. The penalty under this paragraph (a)(4) is in addition to any other sanction provided by this chapter.
104 (5) a. A reporting party named in a citation is responsible for the administrative penalty assessed under
105 paragraph (a)(4)a.1. of this section.
106 b. Notwithstanding paragraph (a)(5)a. of this section, the administrative penalty may be paid by a
107 political committee or political action committee for which a reporting party named in a citation is responsible for
108 filing a report required under this chapter.
109 (6) The Commissioner may do the following:
110 a. If a reporting party has filed or corrected the tardy report, permit the reporting party to enter a payment
111 plan to pay an administrative penalty assessed against the reporting party.
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112 b. If an administrative penalty assessed against a reporting party totals less than $500 and the reporting
113 party has filed or corrected the tardy report, waive the administrative penalty assessed against the reporting party,
114 in whole or part.
115 c. If a reporting party has filed or corrected the tardy report, negotiate with the reporting party to reach a
116 settlement as to the total administrative penalty due.
117 (7) Once a citation is issued under this subsection, the reporting party has 30 days in which to file and correct
118 the tardy report and pay all fines. After this time, the political committee, for which the reporting party is responsible
119 for, is prohibited from engaging in any campaign finance activities until the tardy report is correctly filed and all fines
120 have been paid.
121 (b) (1) If the Commissioner issues a citation under subsection (a) of this section, the citation must include all of the
122 following:
123 a. The name and address of the reporting party charged.
124 b. A statement explaining why the Commissioner has determined the report to be tardy.
125 c. A statement that a penalty for a tardy report is an administrative penalty under paragraph (a)(4) of this
126 section and that the penalty is being assessed for each late day that the report is tardy.
127 d. Information on how to complete the training required under paragraph (a)(4)a.2. of this section.
128 e. A statement that the reporting party receiving the citation may appeal the Commissioner’s
129 determination to the Reports Appeals Subcommittee of the State Board of Elections under § 220 of this title
130 (“Subcommittee”) within the time prescribed under subsection (c) of this section.
131 f. The consequences of failing to do 1 of the following:
132 1. File the tardy report, pay the penalty due, and complete training on the Department’s electronic
133 campaign finance reporting system.
134 2. Demand an appeal in the time prescribed under subsection (c) of this section.
135 (2) The Commissioner shall serve a citation on a reporting party by 1 of the following:
136 a. Personal service on the reporting party.
137 b. Certified mail, return receipt requested, to the reporting party’s last known address and by electronic
138 means to the reporting party’s last known e-mail address.
139 (c) On receipt of a citation under subsection (b) of this section, a reporting party has 30 days to appeal the citation
140 in writing to the Subcommittee.
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141 (d) (1) When an appeal is timely filed under subsection (c) of this section, the Subcommittee shall do all of the
142 following:
143 a. Meet and conduct an appeal hearing not later than 45 days after the filing of the appeal. The
144 Subcommittee Chair shall schedule the meeting and give notice of the meeting to the members and the reporting
145 party that filed the appeal.
146 b. Take testimony.
147 c. Keep records of all evidence taken at a hearing under this section, including a recording of the hearing
148 by electronic or any other means standard to recording judicial or quasi-judicial hearings.
149 d. Make and put into writing factual findings and conclusions regarding the appeal.
150 e. Notify the reporting party of the Subcommittee’s factual findings and conclusions regarding the appeal
151 by mail to the reporting party’s last known address and by electronic means to the reporting party’s last known e-
152 mail addressnot address not later than 10 business days after the hearing on the appeal. The notice must include a
153 statement on the consequences of failing to file the tardy report, pay the penalty due, and complete training on the
154 Department’s electronic campaign finance reporting system.
155 (2) The accrual and payment of the administrative penalty due and mandatory training required under
156 paragraph (a)(4) of this section is stayed pending a validly filed appeal.
157 (3) The prohibition on campaign finance activities under paragraph (a)(7) of this section is stayed pending a
158 validly filed appeal.
159 (e) The reporting party has the opportunity and burden of proof to show the Subcommittee, by a preponderance of
160 the evidence, that the reporting party’s tardiness in filing a report required under this chapter is due to reasonable cause and
161 not wilful neglect.
162 (f) (1) If the Subcommittee determines that a reporting party’s tardiness in filing a report required under this
163 chapter is not due to reasonable cause, or the reporting party fails to timely file an appeal, the administrative penalty under
164 paragraph (a)(4) of this section constitutes a debt due and owing the State, assessable by the Commissioner and recoverable
165 against the reporting party.
166 (2) If the Subcommittee determines that a reporting party’s tardiness in filing a report required under this
167 chapter is not due to reasonable cause, the stay on the accrual and payment of the administrative penalty due under
168 paragraph (a)(4) of this section is immediately lifted and penalty continues to accrue until the tardy report is filed or the
169 maximum period under paragraph (a)(4)a.1. of this section is met.
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170 (3) If the Subcommittee determines that a reporting party’s tardiness in filing a report required under this
171 chapter is not due to reasonable cause, the stay on the prohibition on campaign finance activities under paragraph
172 (d)(3) of this section is lifted and all campaign finance activities by the committee are prohibited until all reports are
173 correctly filed and all penalties are paid.
174 (g) The Subcommittee Commissioner shall notify the Office of the Attorney General Division of Civil Rights and
175 Public Trust that the reporting party has failed to file a report if a tardy report is not filed or corrected not later than 30 days
176 after 1 of the following:
177 (1) A determination by the Subcommittee that the tardiness is not due to reasonable cause.
178 (2) The expiration of the appeal period set forth in subsection (c) of this section.
179 (h) On receipt of the notice under subsection (g) of this section, the Attorney General Division of Civil Rights and
180 Public Trust may file charges based on the reporting party’s failure to file the report that is the subject of the citation.
181 Section 7. Amend § 2553, Title 29 of the Delaware Code by making deletions as shown by strike through and
182 insertions as shown by underline as follows:
183 § 2553. Division of Civil Rights and Public Trust; powers and duties.
184 (a) The Division of Civil Rights and Public Trust shall do all of the following:
185 (5) a. Investigate and prosecute violations of Chapter 80 of Title 15.
186 b. Submit an annual report to the General Assembly with a list of all prosecutions that are initiated or
187 ongoing under paragraph (a)(5)a. of this section. The annual report must be submitted to the Governor, The
188 Secretary of the Senate, the Chief Clerk of the House of Representatives, and the Director and Librarian of the
189 Division of Legislative Services no later than December 31 of each year. The Division of Civil Rights and Public
190 Trust is not required to submit any confidential information that would interfere with an ongoing investigation or
191 prosecution.
192 Section 8. This Act takes effect on July 1, 2027.
SYNOPSIS
This Act clarifies and streamlines the disclosure and enforcement provisions of Delaware’s campaign finance
laws. Among other things, this Act does the following:
(1) Requires a political committee to submit written documentation of all loans provided to the committee and
requires that proceeds of a loan are deposited into the committee’s account within 3 business days.
(2) Prohibits candidates from charging interest on personal loans to a candidate committee.
(3) Requires political committees to retain records for 5 years, rather than 3 years.
(4) Requires the State Election Commissioner to provide the Division of Civil Rights and Public Trust (within the
DOJ) with a monthly list of alleged violations of campaign finance laws and further clarifies that the Division must
investigate and prosecute violations of campaign finance laws.
(5) Expands the 1-time extension permitted for filing tardy reports from 24 hours to 48 hours after the reporting
deadline.
(6) Requires the Division of Civil Rights and Public Trust to submit an annual report of its activity to the Governor
and the General Assembly.
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(7) Authorizes the Commissioner to create regulations relating to political committee audits.
(8) Requires the Commissioner to create a mandatory biennial training program for candidates and treasurers.
(9) Prohibits political committees from engaging in campaign finance activities 30 days after the issuance of a
citation if the citation has not been resolved in that time.
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