Doug Lair, et al v. Jonathan Motl, et al
Filing
FILED OPINION (RAYMOND C. FISHER, CARLOS T. BEA and MARY H. MURGUIA) REVERSED. Judge: RCF Authoring, Judge: CTB Dissenting, FILED AND ENTERED JUDGMENT. [10626873]
Case: 16-35424, 10/23/2017, ID: 10626873, DktEntry: 47-2, Page 1 of 22
Commissioner of Political Practices
Policies and Procedures
Amended Office Management Policy 2.4
Reinstating Pre-Lair 2016 Campaign Contribution limits
Adopted: May 17, 2016; First amended on May 18, 2016; Second
amended on May 26, 2016
Introduction
The Federal District Court, in the Matter of Lair v. COPP No. 6:12-cv00012-CCL, issued its Order on May 17, 2016 declaring that the limits
imposed by Montana law on contributions to candidates for Montana
public office are unconstitutional. The Federal Court’s Order has
voided the limits on contributions.
The contribution limits voided by the Federal Court were set by a
November 1994 vote of Montana voters approving Initiative 118. The
new limits set by I-118 amended limits were then set out at §13-37-216
MCA.
2017
8,
ber 1
cto
on O
In response to the Federal Court’s Order ed Commissioner adopts the
the
hiv
4 arc
following amended policy.
3542
. 16-
Policy
in
cited
Lair
v.
, No
Motl
The Commissioner hereby recognizes that Montana law reinstates the
larger contribution limits in place under §13-37-216 MCA before those
limits were amended by the now voided portion of I-118. The
Commissioner notes that the Policy is adopted under the reasoning,
authority and direction set by the Montana Supreme Court in State ex.
rel. Woodahl v. District Court, 162 Mont. 283, 290, 511 P.2d 318, 322
(1972): '[a]n unconstitutional amendment to a law leaves the section
intact as it had been before the attempted amendment." This issue is
further addressed by AG Opinion Vol. 51, No. 2.
I. Individual Contribution Limits
The Court’s Order struck 13-37-216(1) MCA (2011) applying limits to
individuals. The amounts for individual contributions set by §13-37216 MCA before the now voided amendment by I-118 are as follows:
$1,500 limit for Gubernatorial candidates
$750 limit for Other Statewide Office candidates
$400 limit for candidates for PSC, District Court
Judge, and State Senator
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$250 limit for any candidates for any other Montana
public office (including State Representative)
Subsection (4) of §13-37-216 MCA (2011) sets an inflation factor based
on the consumer price index in place in the year of 2002. The inflation
factor was set by the Montana legislature independent of changes made
by I-118. The Commissioner applies the inflation factor for the reason
that it was not challenged by the Lair litigation and appears to be
unaffected by the Court’s Order. Applying a 1.326 Inflation Factor to the
reinstated pre-I-118 limits sets the following limits on individual
contributions to a candidate for election in 2016:
$1,990 limit for Gubernatorial candidates
$990 limit for Other Statewide Office candidates
$530 limit for candidates for PSC, District Court
Judge, and State Senator
$330 limit for any candidates for any other Montana
public office (including State Representative)
It is noted that the limits set by §13-37-216 MCA prior to amendment by
2017
I-118 were single limits covering both the primary and ,general election.
er 18
b
Accordingly, the Commissioner adopts the aboveoas a single limit for
Oct
d on
hive
contributions to a 2016 Montana candidate for public office.
4 arc
II.
542
16-3
No.
tl
Political Committee, Contribution Limits, Other than Political Parties.
. Mo
air v
in L
cited
The Court’s Order struck 13-37-216(1) MCA (2011), the subsection of law
applying limits to political committees other than political party
committees. The amounts for political committee contributions set by
§13-37-216 MCA before the now voided amendment by I-118 are as
follows:
$8,000 limit for Gubernatorial candidates
$2,000 limit for Other Statewide Office candidates
$1,000 limit for candidates for PSC
$600 limit for a candidate for the state senate
$300 limit for any candidates for any other Montana
public office (including State Representative and
District Court Judge)
Applying the inflation factor discussed above, the reinstated limits for
political committees other than political party committees are:
$10,610 limit for Gubernatorial candidates
$2,650 limit for Other Statewide Office candidates
$1,330 limit for candidates for PSC
$800 limit for a candidate for the state senate
Case: 16-35424, 10/23/2017, ID: 10626873, DktEntry: 47-2, Page 3 of 22
$400 limit for any candidates for any other Montana
public office (including State Representative and
District Court Judge)
It is noted that the limits set by §13-37-216 MCA prior to amendment by
I-118 were single limits covering both the primary and general election.
Accordingly, the Commissioner adopts the above as a single limit for
contributions to a 2016 Montana candidate for public office.
III. Political Party Contribution Limits
The Court’s Order of May 17, 2016 struck 13-37-216(3) MCA (2011), the
subsection of law applying limits to political party committees. On May
25, 2016 the Court issued its further Order staying the effect of this part
of the Order as to Montana’s 2016 elections. Accordingly, political party
contribution limits for 2016 elections were and are those set by
44.11.227 ARM:
Office
Governor/Lieutenant Governor
Other Statewide offices
PSC
in
cited
L
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otl, N
.M
air v
rch
24 a
354
. 16-
on
ived
Contribution Limit – Per
Election
7
, 201
er 18 $23,850
b
Octo
$8,600
$3,450
State Senate
$1,400
All other Elected Offices
$850
This Policy, with any amendments, is in effect barring further legislative
or judicial action that might affect the contribution limits, including the
completion of litigation in the matter of Lair v. COPP No. 6:12-CV-00012CCL. Failure to adhere to these contribution limits will be treated as a
violation of Montana’s campaign practice laws.
Case: 16-35424, 10/23/2017, ID: 10626873, DktEntry: 47-2, Page 4 of 22
cited
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in La
otl,
v. M
4a
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16No.
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ct
18,
ober
2017
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cited
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in La
otl,
v. M
4a
3542
16No.
ed
rchiv
on O
ct
18,
ober
2017
$2,700/candidate/electiona
parties and organizations
cannot exceed:
$80,000 – statewide
candidate
$8,000 – legislative candidate
16-3
No.
Aggregate tl,
o contributions
v. M
raccepted from all political
ai
in L
$2,700/candidate/electiona
cited
$5,000/statewide or
legislative candidate
hiv
Same as individual limits
Amounts are per election cycle
Regular PACs:
$5,000/statewide or
legislative candidate/year
“Super”
PACs2:$10,000/statewide or
legislative candidate/year
Same as individual limits
Prohibitedd
017
18, 2
ber
Same as individual limits
Prohibitedd
Prohibitedd
Prohibitedd
Union Candidate
Contributions
Unlimited
Corporate Candidate
Contributions
Unlimited
cto
nO
ed o
Contributions from out-ofstate PACs prohibited
$1,000/office/year
Unlimited
PAC Candidate
Contributions
arc
424
5
$100,000/year/gub candidate
$15,000/year/Senate
candidate
$10,000/year/House
candidate
$5,000 municipal
Unlimited
State Party Candidate
Contributions
The Arizona Citizens Clean Elections Commission has filed suit in Maricopa County Superior Court to block the increased limits, claiming that the legislation establishing them (HB 2593, 2013)
violated the Voter Protection Act, which bars the legislature from making changes to any voter-approved laws without a second popular vote or a 3/4ths vote of the legislature. This litigation
could result in an injunction that prevents the new limits from going into effect. Candidates are responsible for accepting only up to the legal maximum pursuant to law and candidates should
check with their election official as to the law’s status. The pre-HB 2593 limits would be $912/statewide candidate and $440/legislative candidate per election cycle.
2 In Arizona, a PAC that has received contributions from 500 or more individuals in amounts of $10 or more in a one-year period may qualify as a “Super PAC.” Qualification is valid for two years.
(Ariz. Rev. Stat. §16-905(I))
1
Arkansas
A.C.A. § 7-6-203
A.R.S. § 16-905 and 16919
Arizonab, e, 1
$500/candidate/year
Alaska
§ 15.13.070 and
15.13.074(f)
Aggregate amounts
candidates may accept from
non-residents:
$20,000/year/gub candidate
$5,000/year/Senate
candidate
$3,000/year/House candidate
Unlimited
Alabama
Ala. Code § 17-5-1 et seq.
Individual Candidate
Contributions
State Limits on Contributions to Candidates
2015-2016 Election Cycle
Case: 16-35424, 10/23/2017, ID: 10626873, DktEntry: 47-2, Page 6 of 22
Effective 3/15/11 - 2015:
$575/statewide candidate
$200/legislative candidate
Amounts are per applicable
election cycle.
Corporate Candidate
Contributions
017
18, 2
ber
Prohibited5
Same as individual limits
“Small Donor” Committees:4cto
O
$6,125/gub & statewide cand
d on
i candidate
$2,425/legis. ve
ch
Limits effective 3/15/11 2015:
Limits double for a candidate
4 ar
who accepts voluntary
3542
spending limits if his/her
Regular PACs and Federal
. 16Note: Contributions by a
opponent has not accepted
PACs:
tl, No
o
the limits and has raised more rcandidate to his/her own
Same as individual limits
v. M
i
than 10% of the limit. in La campaign, and unexpended
contributions carried forward
cited
Amounts per electiona
to a subsequent election
cycle, are treated as
contributions from a political
party and are subject to the
political party limits. Party
limits cannot be doubled for
candidates who accept
voluntary limits.
$615,075/gub. candidate
$123,000/other statewide
candidate
$22,125/Senate candidate
$15,975/House candidate
Effective 3/15/11 - 2015:
Amounts are per electiona
Regular PACs:
Same as individual limits
Amounts are per electiona
For elections held on or after
Jan. 1, 2013:
“Small Contributor” Cmtes3:
$28,200/gubernatorial
candidate
$14,100/statewide candidate
$8,500/legislative candidate
Unlimited
PAC Candidate
Contributions
$28,200/gubernatorial
candidate
$7,000/other statewide
candidate
$4,200/legislative candidate
For elections held on or after
Jan. 1, 2013:
State Party Candidate
Contributions
Can contribute through PAC’s
established by the
organization
Same as individual limits
Union Candidate
Contributions
In California, a “small contributor committee” is a committee which has been in existence for at least six months, receives contributions from 100 or more persons in amounts of not more than
$200 per person, and makes contributions to five or more candidates. (Cal. Govt. Code §85203)
4 In Colorado, a “small donor committee” means any political committee that has accepted contributions only from natural persons who each contributed no more than $50 in the aggregate per
year.
5 Corporations are prohibited from donating money from their treasury, but are permitted to establish independent expenditure committees or political committees with the same contribution
limits as PACs
3
Coloradoe
Constitution Art. XXVIII
Californiae
Gov. Code § 85300 et seq.
Individual Candidate
Contributions
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Continued on next page
Delaware
15 Del. Code §8010 to
8013
Connecticutb
Ct.Gen.Stat. § 9-611, 9613 and 9-615
Update July 2013
$5,000/gubernatorial
candidate
$3,000/other statewide
candidate
$1,500/Senate candidate
$750/House candidate
PAC Candidate
Contributions
cited
Same as individual limits
Octo
017
18, 2
ber
Prohibitedd
Corporate Candidate
Contributions
Same as individual limits
Prohibitedd
Union Candidate
Contributions
Source: National Conference of State Legislatures
Last updated October 2015
Oklahoma and Montana updated May 2016
This data is presented for information purposes only and should not be considered legal advice.
o
v. M
airAll amounts per election cycle
in L
All amounts per election cycle
$75,000/gubernatorial
Same as individual limits
candidate
d on
$25,000/other statewide
chive
4 ar
candidate
3542
$5,000/Senate candidate . 16
$3,000/House No
tl, candidate
All amounts are per electiona
$30,000 aggregate/individual
to all candidates and
committees per Ct. Gen. Stat.
§ 9-611(d).
All amounts are per electiona
$1,200/statewide candidate
$600/other candidate
Aggregate limits on
contributions by PACs to
candidates:
$100,000/election by a PAC
established by a business
entity
$50,000/election by a PAC
established by an
organization
All amounts are per electiona
$50,000/gubernatorial
candidate
$35,000/other statewide
candidate
$10,000/Senate candidate
$5,000/House candidate
State Party Candidate
Contributions
$3,500/gubernatorial
candidate
$2,000/other statewide
candidate
$1,000/Senate candidate
$250/House candidate
Individual Candidate
Contributions
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Continued on next page
Hawaii
H.R.S. §2: 11-357, 11-359
Georgiae
O.C.G.A. § 21-5-41 to 43
Florida
Fla. Stat. § 106.08
All amounts are per election
cycle
Contributions from a
candidate's immediate family
are limited to $50,000 in an
election cycle, including loans.
$6,000/statewide candidate
$4,000/Senate candidate
$2,000/House candidate
Amounts are per electiona
Run-off:
cite
$3,700/statewide candidate
$1,300/legislative candidate
d in
otl,
Same as individual limits
PAC Candidate
Contributions
Same as individual limits
d
hive
4 arc
Same as individual limits
on
Same as individual limits
3542
16No.
Same as individual limits
A legislative candidate can
accept up to $50,000 each
from the national or state
executive committee of a
party, or up to $50,000 from
the county executive
committee of a party.
A candidate for statewide
office may not accept
contributions from parties
which in the aggregate
exceed $250,000, and no
more than $125,000 of that
amount may be received
during the 28 days preceding
an election.
State Party Candidate
Contributions
v. M
Lair
Regular primary or general:
$6,300/statewide candidate
$2,500/legislative candidate
Limits last adjusted 12/2010
(Effective 11/1/2013)
Amounts are per electiona
$3,000/statewide candidate
$1,000/legislative
Individual Candidate
Contributions
Same as individual limits
OctoSame as individual limits
017
18, 2
ber
Same as individual limits
Corporate Candidate
Contributions
Same as individual limits
Same as individual limits
Same as individual limits
Union Candidate
Contributions
Case: 16-35424, 10/23/2017, ID: 10626873, DktEntry: 47-2, Page 9 of 22
Illinoise
10 ILCS 5/9-8.5
Idaho
§ 67-6610A
Any candidate whose in L
opponent is self-funded is
cited
exempted from contribution
limits. A self-funded
candidate is an individual who
contributes $250,000 to his or
her own statewide campaign
in an election cycle, or
$100,000 for all other elective
offices. Contributions made to
a candidate by immediate
family members are also
considered “self-funding.”
A candidate and their
immediate family members
(spouse, parent, or child) can
make unlimited contributions
to that candidate’s campaign.
Any candidate who receives
benefit or detriment from
independent expenditures in
excess of the amounts below
is exempted from all
contribution limits:
$250,000/statewide
candidate
$100,000/candidate for any
other office
017
18, 2
ber
$10,800per election cycle
$10,800 per election cycle
Same as individual limits
Union Candidate
Contributions
Source: National Conference of State Legislatures
Last updated October 2015
Oklahoma and Montana updated May 2016
This data is presented for information purposes only and should not be considered legal advice.
hiv
Corporate Candidate
Contributions
Same as individual limits
cto
nO
ed o
Same limit applies to a
contribution from one
candidate committee to
another
$53,900 per election cycle
Same as individual limits
PAC Candidate
Contributions
arc
424
5
16-3
No.
Amounts are,per election
otl
v.
rcycle.M
ai
Amounts are per electiona
Amounts are per electiona
Unlimited if candidate is not
seeking nomination in a
primary election.
For candidates running in a
primary:
$215,800/statewide
candidate
$134,900/Senate candidate
134,900
$80,900/House candidate
Unlimited from a political
party during General or
Consolidated Election
Unlimited during Primary
Election Cycle when
candidate is not seeking
nomination
$10,000/statewide candidate
$2,000/legislative candidate
$5,000/statewide candidate
$1,000/leg candidate
$5,400/candidate/election
cycle
State Party Candidate
Contributions
Individual Candidate
Contributions
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Continued on next page
in
Unlimited
$1,000/candidate/electiona
cited
Unlimited in uncontested
primaries and general
elections
Amounts are per electiona
Kentucky
K.R.S. § 121.025, 121.035,
and 121.150
For a contested primary
election, same as individual
limits.
$2,000/statewide candidate
$1,000/Senate candidate
$500/House candidate
Kansas
K.S.A. § 25-4153
Prohibitedd
Same as individual limits
Same as individual limits
Unlimited
Same as corporate limits
Union Candidate
Contributions
Source: National Conference of State Legislatures
Last updated October 2015
Oklahoma and Montana updated May 2016
This data is presented for information purposes only and should not be considered legal advice.
Aggregate Limits:
No candidate can retain PAC
contributions which in the
aggregate exceed 50% of total
contributions or $10,000
(whichever is greater) in an
election cycle. 121.150(23)(a)
Same as chiv
r individual limits
017
18, 2
ber
Same as individual limits
Prohibitedd
All amounts are per year
$5,000 in the aggregate to
statewide candidates
$2,000 in the aggregate to
Senate candidates
$2,000 in the aggregate to
House candidates
Corporate Candidate
Contributions
cto
nO
ed o
Same as individual limits
Unlimited
Unlimited
PAC Candidate
Contributions
a
5424
Aggregate Limits: . 16-3
No candidate cano
tl, N retain party
. Mo which in the
contributions
v
Lairaggregate exceed 50% of total
contributions or $10,000
(whichever is greater) in an
election cycle.
Unlimited
Unlimited
Iowa
Iowa Code § 68A.503
Unlimited
Unlimited
State Party Candidate
Contributions
Indiana
Ind. Code § 3-9-2-4 et seq.
Individual Candidate
Contributions
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hiv
Source: National Conference of State Legislatures
Last updated October 2015
Oklahoma and Montana updated May 2016
This data is presented for information purposes only and should not be considered legal advice.
In Maine, candidates who are enrolled in a political party may contributions of up to $375 from an individual. Individual contributions to unenrolled candidates are unlimited for primary elections.
Same as individual limits
Same as individual limits
Union Candidate
Contributions
7
16-3
arc
424
5
,2
er 18
b
Same as individual limits
017
Same as individual limits
Corporate Candidate
Contributions
cto
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Same as individual limits
Candidates subject to
following aggregate limits on
all PAC contributions
accepted for the primary and
general elections combined:
$80,000/statewide candidate
$60,000/legislative candidate
“Big” PACs6:
Double the amount of
individual limits
Regular PACs:
Same as individual limits
PAC Candidate
Contributions
In Louisiana, a “Big PAC” is a PAC with over 250 members who contributed over $50 to the PAC during the preceding calendar year and has been certified as meeting that membership
requirement.
Individuals limited to $25,000
aggregate contributions to all
campaign finance entities per
calendar year. This limitation
does not apply to
contributions in support of a
candidate by that candidate
or that candidate’s spouse or
domestic partner.
cite
v. M
o.
otl, N
Same as individual limits
Unlimited
Individual contribution limits
do not apply to contributions
in support of a candidate by
that candidate, or that
candidate’s spouse or
air
domestic partner. d in L
$1,575/gubernatorial
candidate
$375/legislative candidate7
Amounts are per electiona
$5,000/statewide candidate
$2,500/legislative candidate
State Party Candidate
Contributions
6
Maineb,e
21-A M.R.S.A. §1015
Louisiana
La. R.S. § 18:1505.2
Individual Candidate
Contributions
Case: 16-35424, 10/23/2017, ID: 10626873, DktEntry: 47-2, Page 12 of 22
8
ci
o.
tl, N
. Mo
ir v
n La
ted i
Amounts are per calendar
year.
Registered lobbyists may only
contribute up to
$200/candidate
No limit on in-kind
contributions
$12,500/individual aggregate
limit on contributions to all
candidates
Regular PAC or People's
Committee:8
$500/candidate
$6,000/candidate/4-year
election cycle
PAC Candidate
Contributions
Amounts per calendar year.
017
18, 2
Prohibitedd
Same as individual limits
Corporate Candidate
Contributions
Candidates cannot accept
aggregate contributions from
r
regular PACs that exceed thectobe
O
following amounts (People’s
d on
Committees ive
ch are exempt from
4 ar
the aggregate limits):
3542
$150,000/gubernatorial
16candidate
$18,750/Senate candidate
$7,500/House candidate
$3,000/candidate/year
In-Kind Contributions:
Limited to an amount equal
to $1 for every two registered
voters in the state, regardless
of political affiliation, to a
single candidate. Limit is per
4-year election cycle.
Transfer limit:
$6,000/4-year election cycle
$1000/candidate
Amounts are per 4-year
election cycle
Effective Jan. 1, 2015
$6,000/candidate
$24,000 aggregate to all
candidates
State Party Candidate
Contributions
Same as PAC limits
Same as individual limits
Union Candidate
Contributions
Source: National Conference of State Legislatures
Last updated October 2015
Oklahoma and Montana updated May 2016
This data is presented for information purposes only and should not be considered legal advice.
In Massachusetts, a "People's Committee” is a PAC that has been in existence for six months, has received contributions from individuals of $156 (adjusted biennially; this amount is for 2013-2014) or less per year, and
has contributed to five candidates.
Continued on next page
Massachusetts
G.L. Ch. 55, § 6, 6A, 7A
and 8
Maryland
Md. Code § 13-226 and
13-227
Amounts are per electiona
Individual Candidate
Contributions
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9
cited
v. M
o.
otl, N
hiv
Prohibitedd
Prohibitedd
017
18, 2
ber
Union Candidate
Contributions
Corporate Candidate
Contributions
cto
nO
ed o
All amounts are per election
cycle
Independent PACs9:
$68,000/statewide candidate
$20,000/Senate candidate
$10,000/House candidate
Political Committees:
Same as individual limits.
arc
424
5
16-3
All amounts are per election
cycle
ir
in La
All amounts are per election
cycle
$750,000/governor or
lieutenant governor slate with
public funding
$136,000/governor or
lieutenant governor slate
without public funding
$136,000/other statewide
candidate
$20,000/Senate candidate
$10,000/House candidate
$6,800/statewide candidate
$2,000/Senate candidate
$1,000/House candidate
PAC Candidate
Contributions
Source: National Conference of State Legislatures
Last updated October 2015
Oklahoma and Montana updated May 2016
This data is presented for information purposes only and should not be considered legal advice.
In Michigan, an “independent committee” must have filed a statement of organization at least 6 months before the election in which the committee wishes to make contributions; must have
supported or opposed 3 or more candidates for nomination or election; and must have received contributions from at least 25 persons.
Continued on next page
Michigan
M.C.L. § 169.246, 169.252
and 169.254
State Party Candidate
Contributions
Individual Candidate
Contributions
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Unlimited
Missouri
Mo. Rev. Stat. § 130.031
Continued on next page
Unlimited
Unlimited
16-3
Unlimited
Unlimited
Unlimited
$1,000/candidate/year
Unlimited
Unlimited
Same as individual limits
Union Candidate
Contributions
Source: National Conference of State Legislatures
Last updated October 2015
Oklahoma and Montana updated May 2016
This data is presented for information purposes only and should not be considered legal advice.
Minnesota’s SF 991 (2013) divided election cycles into two-year periods, and made limits applicable to a two-year period rather than a single year. The limit is higher for the two-year period
during which an election is held for the office, and lower during a non-election two-year period for candidates that serve a four- or six-year term.
Unlimited
10
cited
Amounts are per 2-year
election segment.
v. M
o.
otl, N
hiv
nO
ed o
017
18, 2
ber
Prohibitedd
Corporate Candidate
Contributions
cto
Aggregate contributions from
political committees or
political funds, lobbyists, and
individuals who contribute or
loan more than ½ the yearly
contribution limit cannot
exceed the following
amounts:
$700,000/governorlieutenant governor slate
$120,000/Attorney General
candidate
$80,000/Secretary of State or
Auditor candidate
$6,000/Senate candidate
$12,000/House candidate
Same as individual limits
PAC Candidate
Contributions
arc
424
5
Candidates are subject to the
following aggregate limits on
contributions received in the
2013-14 election cycle from
party committees and
terminating principal
campaign committees:
$40,000/governor-lieutenant
governor slate
$25,000/Attorney General
candidate
$20,000/Secretary of State or
Auditor candidate
$10,000/legislative candidate
Party committees may
contribute up to 10 times the
limits imposed on individuals
State Party Candidate
Contributions
Candidates who have signed a
public subsidy agreement are
also subject to a limit (equal
to five times the election
segment limits above) on the
amount of personal funds
they can contribute to their
ir
own campaign.
in La
Non-election segment limits:
$2,000/governor-lieutenant
governor slate
$1,500/Attorney General
candidate
$1,000/Secretary of State or
Auditor candidate
$1,000/Senate candidate
n/a for House candidates
Election segment limits:10
$4,000/governor – lieutenant
governor slate
$2,500/AG candidate
$2,000/SOS or auditor
candidate
$1,000/legislative candidate
Mississippi
Miss. Code § 97-13-15
Minnesota
Minn. Stat. § 10A.27 and
211B.15
Individual Candidate
Contributions
Case: 16-35424, 10/23/2017, ID: 10626873, DktEntry: 47-2, Page 15 of 22
$23,850/gubernatorial slate
$8,600/other statewide cand.
$1,400/senate candidate
$850/house candidate
To candidates not agreeing to
abide by spending limits:
$1,000/electiona
New Hampshire
R.S.A. § 664:4
12
11
Amounts are per electiona
$3,800/gubernatorial
candidate
$2,600/legislative candidate
National party committee:
$8,200/electiona
No limit on contributions by
state, county, municipal and
legislative leadership
committees
o
v. M
airUnlimited to candidates who
To candidates agreeing ito L
d n
abide by spendinge
agree to expenditure limits
cit limits:
$5,000/electiona
hive
4 arc
d on
Same as individual limits
Same as individual limits
Same as individual limits12
ber
Octo
$8,200/candidate/electiona
017
Same as individual limits
18, 2
Unlimited
Prohibited
Corporate Candidate
Contributions
Same as individual limits
Prohibitedd
Same as individual limits
Unlimited
Prohibited
Union Candidate
Contributions
Source: National Conference of State Legislatures
Last updated October 2015
Oklahoma and Montana updated May 2016
This data is presented for information purposes only and should not be considered legal advice.
Montana’s contribution limits have been the subject of ongoing litigation over the last several years. See the Montana Commissioner of Political Practices webpage for latest information.
Corporations are no longer prohibited from making political contributions under New Hampshire law despite the language of NH RSA 664:4. That ban was declared unconstitutional by a federal
district court in 1999. A June 6, 2000 letter from Deputy Attorney General Steven M. Houran indicates that the limits on individual contributions now apply to corporate contributions as well.
New Jerseye
N.J.S.A. § 19:44A-11.3
Same as individual limits
$5,000/candidate/electiona
Nevada
§ 294A.100 and Const.
Art. 2 §10
Unlimited
Amounts are per election
cycle
Candidates limited to total
contributions from all PACs:
$2,800 senate candidates
$1,700 house candidates
$10,610/gubernatorial slate
$2,650/other statewide cand.
$800/senate candidate
$400/house candidate
PAC Candidate
Contributions
To candidates not agreeing to 42
Same as party limits
6 5
abide by spending limits: -3
.1
$1,000/electiona o
tl, N
Unlimited
Amounts are per election
cycle
Unlimited
Amounts are per election
$1,990/gubernatorial slate
$990/other statewide cand.
$530/senate candidate
$330/house candidate
State Party Candidate
Contributions
Nebraska
N.R.S.§ 32-1604 and 321608
Montana e, 11
M.C.A. §13-35-227 and
§13-37-216
Individual Candidate
Contributions
Case: 16-35424, 10/23/2017, ID: 10626873, DktEntry: 47-2, Page 16 of 22
Maximum contributions by an
individual limited to $150,000 in
the aggregate per calendar year.
Amounts are per election cycle.
otl,
v. M
PAC Candidate
Contributions
d on
hive
4 arc
Same as individual limits
Same as party limits
3542
16No.
Unlimited in general election
Prohibited in primary election
$5,400/electiona
Family Limits, General:
$278,609/statewide candidate
$30,079-$57,304/Senate
ir
candidate
in La
$12,500-$24,871/Assembly
cited
Regular Limits, General:
$41,100/statewide candidate
$10,300/Senate candidate
$4,100/Assembly candidate
Family Limits, Primary14:
$523-$137,978/statewide
$20,000-$41,577/Senate
candidate
$12,500-$17,061/Assembly
Regular Limits, Primary:
$6,500-$19,700/statewide13
$6,500/Senate candidate
$4,100/Assembly candidate
Amounts are per electiona
$5,400/statewide candidate
$2,500/non-statewide candidate
State Party Candidate
Contributions
Candidates may accept
corporate contributions of up
to $5,000 annually during
7
, 1
each year of an0
18the2 election cycle,
soer as
total
b long
Octocontributions from the
corporation do not exceed
the election cycle’s regular
limits on individual
contributions, and the
corporation does not exceed
its aggregate limit of $5,000/
year to all candidates and
committees.
Corporations are limited to
$5,000 per year in aggregate
contributions to NY state
candidates and committees.
Same as individual limits, with
exceptions (see below)
Same as individual limits
Corporate Candidate
Contributions
Same as individual limits
Same as individual limits
Union Candidate
Contributions
14
Source: National Conference of State Legislatures
Last updated October 2015
Oklahoma and Montana updated May 2016
This data is presented for information purposes only and should not be considered legal advice.
Limit is based on a formula: product of number of enrolled voters in candidate’s party in state (excluding voters on inactive status) x $.005, but not less than $6,500 or more than $19,700
Separate limits apply for contributions from all family members in the aggregate. Limit is based on a formula: total # of enrolled voters on active status in candidate’s party in the state/district x
$0.025. “Family” is defined as a child, parent, grandparent, brother, sister, and the spouses of those persons. Contributions from the candidate and the candidate’s spouse are not limited.
13
Continued on next page
New Yorke
Election Law, § 14-114
and 14-116
New Mexicoe
N.M.S.A. § 1-19-34.7
Individual Candidate
Contributions
Case: 16-35424, 10/23/2017, ID: 10626873, DktEntry: 47-2, Page 17 of 22
$12,532.52/candidate/
electiona
$2,700/candidate/election
Ohioe
O.R.C. § 3517.102,
3517.104 and 3599.03
Oklahomae
21 OS § 187.1 et seq. and
Ethics Commission Rules
§2.23, §2.31, §2.33, §2.37,
$1,000/candidate/ year
Rhode Island
R.I.G.L. § 17-25-10.1
Continued on next page
Unlimited
Pennsylvania
25 Pa. Stat. §3253
Individuals limited to $10,000
in aggregate contributions to
candidates, PACs and party
committees per year
Unlimited
Oregon
O.R.S. § 260.160 to 174
cited
Unlimited
North Dakota
§ 16.1-08.1
$25,000/candidate/year
In-kind contributions
unlimited
Unlimited
Prohibitedd
Unlimited
2017
Prohibited
Prohibitedd
Prohibited
Prohibitedd
Unlimited
Source: National Conference of State Legislatures
Last updated October 2015
Oklahoma and Montana updated May 2016
This data is presented for information purposes only and should not be considered legal advice.
Annual aggregate limit of
$25,000 to all recipients
$1,000/candidate/ year
Unlimited
Unlimited
Prohibitedd,
18
Prohibitedd
Prohibitedd
Prohibitedd
Prohibitedd
Prohibitedd
Union Candidate
Contributions
Prohibitedd
Corporate Candidate
Contributions
ber
Octo
$5,000/candidate/election
Same as individual limits
Unlimited
Same as individual limits
PAC Candidate
Contributions
A PAC that has been on
d
registered hive than a year
c for less
ara primary OR has
prior
Amounts are prior to general 424 to
6-35 fewer than 25 contributors:
election
.1
$2,500 per election
tl, No
$25,000/statewide candidate
$10,000/other state elective
office
$706,823.95/statewide
candidate
$140,988.82/Senate
candidate
$70,181.10/House candidate
In-kind contributions
unlimited
All amounts are per electiona
Unlimited
Unlimited
State Party Candidate
Contributions
o
v. M
airUnlimited
in L
$5,000/candidate/electiona
North Carolinae
N.C.G.S. § 163-278.13,
163-278.15 and 163278.19
Individual Candidate
Contributions
Case: 16-35424, 10/23/2017, ID: 10626873, DktEntry: 47-2, Page 18 of 22
Utah
Utah Code § 20A-11-101
Continued on next page
Texas
Election Code, § 253
Tennesseee
Tenn. Code § 2-10-302
South Dakota
S.D.C.L. § 12-27-7
South Carolina
S.C. Code § 8-13-1300(10),
8-13-1314 and 8-13-1316
Amounts are per electiona
subject to the same
exceptions described at left.
Amounts are per electiona in
each primary, runoff, or
special election in which a
candidate has opposition and
for each general election; if a
candidate remains unopposed
during an election cycle, one
contribution limit shall apply.
Unlimited
Unlimited
cited
in
$3,800/statewide candidate
$1,500/legislative candidate
Both amounts are per
electiona
Unlimited
$11,500/statewide candidate
$7,600/legislative candidate
PAC Candidate
Contributions
Prohibitedd
017
Same as individual limits
Corporate Candidate
Contributions
Unlimited
Unlimited
Unlimited
Prohibitedd
Unlimited
Prohibitedd
A union must register as a
PAC before making
contributions to candidates.
Same as PAC limits
Prohibitedd
Same as individual limits
Union Candidate
Contributions
Source: National Conference of State Legislatures
Last updated October 2015
Oklahoma and Montana updated May 2016
This data is presented for information purposes only and should not be considered legal advice.
Unlimited
Unlimited
All amounts are per electiona
Candidates limited to
$11,200/statewide candidate
Same as PAC 2
r 18, limits
$11,200/Senate candidate ctobe
aggregate amount from all
$7,400/other candidates O
political party committees:
If a corporation gives more
d on
than $250 in the aggregate to
$374,300/statewide
chive
4 ar
candidate
candidates, it must register as
No more than 50% of a
42
a PAC and make all further
$59,900/Senate candidate 3
6- 5 statewide candidate’s or
.1
$30,000/House candidate
contributions through the
$112,300 of a legislative
tl, No
o
v. M
rAll amounts are per electiona candidate’s total come from PAC. It may transfer unlimited
Lai
contributions may
amounts from its corporate
PACs
treasury to the PAC.
Unlimited
$50,000/statewide candidate
$5,000/other candidate
$3,500/statewide candidate
$1,000/legislative candidate
$4,000/statewide candidate
$1,000/legislative candidate
Amounts are per calendar
year
State Party Candidate
Contributions
Individual Candidate
Contributions
Case: 16-35424, 10/23/2017, ID: 10626873, DktEntry: 47-2, Page 19 of 22
$1,900/gubernatorial
candidate
$950/legislative candidate
Washingtone
RCW § 42.17.610 et seq.
WAC § 390-05-400
West Virginia
§ 3-8-8 to 12
Continued on next page
Unlimited
Virginia
Va. Code § 24.2-945
$1,000/candidate/electiona
State Party Candidate
Contributions
Same as individual limits
Prohibitedd
017
18, 2
ber
Same as individual limits for
Washington corporations.
Prohibited for corporations
not doing business in
Washington state.
Unlimited
Same as individual limits
Same as individual limits for
Washington unions.
Prohibited for unions that
have fewer than 10 members
who reside in Washington.
Unlimited
Same as individual limits
Union Candidate
Contributions
Source: National Conference of State Legislatures
Last updated October 2015
Oklahoma and Montana updated May 2016
This data is presented for information purposes only and should not be considered legal advice.
16-3
Same as individual limits
v. M
o.
otl, N
hiv
nO
ed o
Corporate Candidate
Contributions
Same as individual limits
cto
A PAC that has not received
contributions of $10 or more
from 10 or more WA
registered voters during the
past 180 days is prohibited
from making contributions.
Same as individual limits
Unlimited
Same as individual limits
PAC Candidate
Contributions
arc
424
5
Aggregate contributions from
a state party central
committee to a statewide or
legislative candidate may not
exceed $.80 x number of
registered voters in
candidate’s district. This limit
applies to the entire election
cycle.
Unlimited
Unlimited
During the 21 days before the
general election, no
contributor may donate more
than $50,000 in the aggregate
to a statewide candidate or
$5,000 in the aggregate to
any other candidate or a
political committee, including
political party committees.
This includes a candidate's
ir
personal contributions to La
in
d
his/her campaign.e state
cit The
committees of political
parties are exempted from
this limit.
Amounts are per electiona
$4,000/statewide candidate
$1,500/State Senate
$1,000/State House
Vermontb
17 VSA §2805
Individual Candidate
Contributions
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No individual may make more
than $25,000 (increases to
$50,000 eff. Jan. 1, 2015) in
total contributions during a
two-year election cycle.
o.
otl, N
M
Unlimited
ir v.
Effective Jan. 1, 2015: in La
d
$2,500/statewide e
cit candidate
$1,500/other candidate
Amounts are per electiona
Effective 2013-2014:
$1,000/candidate/electiona
Effective Jan. 1, 2015:
$7,500/statewide candidate
$3,000/other candidate
Amounts are per electiona
Effective 2013-2014:
Unlimited
hiv
Corporate Candidate
Contributions
Prohibitedd
017
18, 2
ber
Prohibited
cto
nO
ed o
Amounts are per election
cycle
$485,190/gub. candidate
$15,525/Senate candidate
$7,763/House candidate
Aggregate limit on amount
candidates may accept from
PACs and candidate
committees (grants from the
Wisconsin Election Campaign
Fund also count against this
limit):
$43,128/gub. candidate
$1,000/Senate candidate
$500/Assembly candidate
PAC Candidate
Contributions
arc
424
5
16-3
Amounts are per election
cycle
Additionally, the maximum
amount a legislative campaign
committee can give without
reducing committee
contributions is:
$6,900/Senate candidate
$3,450/Assembly candidate
$700,830/gub. candidate
$22,425/Senate candidate
$11,213/House candidate
An individual may not
contribute more than $10,000
in a calendar year to any
combination of Wisconsin
candidates or political
committees.
Amounts are per election
cycle
Aggregate limit on amount
candidates may accept from
all political party committees,
including legislative campaign
committees, in an election
campaign :
$10,000/statewide candidate
$1,000/Senate candidate
$500/Assembly candidate
State Party Candidate
Contributions
Prohibitedd
Prohibited
Union Candidate
Contributions
Source: National Conference of State Legislatures
Last updated October 2015
Oklahoma and Montana updated May 2016
This data is presented for information purposes only and should not be considered legal advice.
(a) Primary and general are considered separate elections; stated amount may be contributed in each election.
(b) Candidates participating in the public financing may not accept contributions after qualifying for public funds. Limits listed are for candidates not participating in public financing program.
(d) Direct corporate and/or union contributions are prohibited and/or use of treasury funds and/or dues is prohibited. In these states, the law specifically says that nothing prevents the
employees or officers of a corporation from making political contributions through a PAC, using funds from an account that is separate and segregated from corporate accounts. Such contributions
are subject to the same limitations placed on other PACs.
Wyoming
Wyo. Stat. § 22-25-102
Wisconsin
§ 11.01 et seq.
Individual Candidate
Contributions
Case: 16-35424, 10/23/2017, ID: 10626873, DktEntry: 47-2, Page 21 of 22
cited
ir
in La
v. M
o.
otl, N
017
18, 2
ber
Source: National Conference of State Legislatures
Last updated October 2015
Oklahoma and Montana updated May 2016
This data is presented for information purposes only and should not be considered legal advice.
cto
nO
ed o
hiv
arc
424
5
16-3
(e) Contribution limits are adjusted for inflation at the beginning of each campaign cycle.
Case: 16-35424, 10/23/2017, ID: 10626873, DktEntry: 47-2, Page 22 of 22
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