THE LEAGUE OF WOMEN VOTERS OF NEBRASKA

 

 

 

EXPLANATION OF THE

CAMPAIGN FINANCE LIMITATION ACT

 

32-1602.  Legislative findings.

(1)        The Legislature finds that the cost of running for statewide offices and legislative seats has risen greatly and that many qualified candidates are excluded from the democratic system as a result of such rising cost.

The Legislature further finds that the United States Supreme Court has indicated that any limitation of campaign expenditures must be entered into voluntarily and that the utilization of public financing of campaigns is a constitutionally permissible way in which to encourage candidates to adopt voluntary campaign spending limits.

The Legislature further finds that using pubic funds to assist in the financing of campaigns for certain statewide offices and legislative seats, in conjunction with voluntary campaign spending limitations, will increase the number of qualified candidates to run for office.

 

(2)        The Legislature finds that there is a compelling state interest in preserving the integrity of the electoral process in state elections by ensuring that the elections are free from corruption and the appearance of corruption and that this end can only be achieved if (a) reasonable limits are placed on the amount of campaign contributions from certain sources and (b) the sources of funding and the use of that funding in campaigns are fully disclosed.

 

OFFICES COVERED

Elective offices covered and voluntary limits of spending for both Primary and General Elections. Primary Election spending is not to exceed 50 % of the limits.

  • Legislature: $73,000.
  • Governor:   $1,650,000
  • State Treasure:   $150,000.
  • Secretary of State:  $150,000.
  • Attorney General: $150,000.
  • Auditor of Public Accounts:  $150,000.
  • Public Service Commission:  $50,000.
  • Board of Regents of the University of Nebraska: $50,000.
  • State Board of Education: $50,000.

 

FUNDING SOURCES FOR THE CAMPAING FINANCE LIMITATION CASH FUND

The fund was established in 1992 with a $50,000 appropriation from the Legislature. Since then it has been funded by late fees and civil penalties assessed on candidates, lobbyists, and others pertaining to campaign ethical and lobbying violations.

 

Taxpayer dollars do not go into the Cash Fund now. The exception is for voluntary individual taxpayer contributions from a check off on the Nebraska State Income Tax forms.

 

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REQUIREMENTS OF CANDIDATES:

            A candidate for a covered elective office must file an affidavit stating that he/she will abide by the voluntary spending limits or not abide by the limits. A non-abiding candidate must file an estimate of his or her expenditures for the election.

 

            A candidate who has not raised, received or spent more than $5,000 in a calendar year is not required to file.

 

            A candidate in a given election period may qualify for public funds to be used for the election period if he/she agrees to abide by the voluntary spending limits and meets certain other requirements. To qualify for public funds the candidate’s opponent must be a non-abiding opponent.

 

            It is a violation of the Campaign Finance Limitation Act for a candidate to exceed the spending limits if he/she has agreed to abide.

 

            Candidates for covered elective offices are limited in the amount of contributions they may accept from entities other than individuals.

 

 Candidates agreeing to the spending limits.

  • Files an affidavit with the Nebraska Accountability and Disclosure Commission (NADC) of his/her intent to voluntarily agree to abide by the spending limitations.
  • Raises 25% of the spending limitation from Nebraska residents (65% from individuals) from the first day of the election period. (Monies raised before that aren’t included.)

Candidates not agreeing to the spending limits.

  • Files an affidavit with the NADC of his/her intent not to abide by the spending limits.
  • Files a reasonable estimate of his/her maximum expenditures for the election period. This can be amended, 30 days prior the primary and 60 days prior the general.
  • Files another affidavit with the NADC when the candidate spends 40% of his/her maximum estimated amount in the election period, no later than 5 days after the 40% has been expended.

 

 

PROCESS TO QUALIFY FOR PUBLIC FUNDS

No public funds will be disbursed for the elected office if both candidates agree to the campaign finance spending limitations, or a candidate not agreeing sets his/her maximum estimate at the same as the amount of the limitation

 

If one candidate agrees to the spending limitations, but the other candidate or candidates do not, the candidate agreeing to the limitations will receive the difference between the spending limitation and the highest estimated maximum expenditure filed by any of the opponents.

 

The candidate receiving public funds must have filed an affidavit with NADC that he/she has spent 25% of the spending limitation for the election period and requesting public funds.

 

The opponent must have filed an affidavit with the NADC that he/she has spent 40% of his/her maximum estimated amount. 

 

The NADC will disburse the funds to the qualifying candidate not later than two weeks after the last date to amend the affidavit for campaign spending.

 

Any public funds not used by the receiving candidate will be repaid to the NADC. A candidate may request an amount of public funding which is less than the amount he/she is entitled to receive.

 

If the candidate who receives the public funds exceeds the spending limits of the maximum estimated amount, the amount that is exceeded shall be repaid, with interest if the amount is 5% or greater than the estimated amount. Willful violation of this is a misdemeanor: filing false information is a felony..