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Record, Federal Election Commission, Volume 28, No. 1, January 2002 Y 3.EL 2/3:11/V.28/NO.1 PDF

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Preview Record, Federal Election Commission, Volume 28, No. 1, January 2002 Y 3.EL 2/3:11/V.28/NO.1

January 2002 Federal Election Commission Volume 28, Number 1 Table of Contents A Message from the Chairman Compliance Communication is the essence of election campaigns. Communication is 1 Message from the Chairman among the most basic of human functions and the object of some of our most advanced technology. This year, the FEC will strive to improve its internal Commissioners and external communications. More dynamic and informative disclosure of 2 2002 Chairman and Vice campaign finance reports and data is a principal objective of the wholesale Chairman Elected upgrade of our internal computer network to be conducted in 2002. Reports Rather than restricting behavior, many FEC regulations describe when, 2 Reports Due in 2002 how and whether certain statutory legal rules apply. Regulations describing 11 Committees Required to File Tax safe harbors for Internet political activity, defining the dates on which Returns with the IRS independent expenditure reports must be filed and outlining how to report receipts of combined federal and nonfederal contributions are high on the 11 Advisory Opinions Commission’s agenda for 2002. Revisions to our rules for publicly-funded presidential campaigns and conventions must also be completed this year. Court Cases We have a full schedule of seminars and publication revisions which, 12 On Appeal along with other activities of our Information, Disclosure and Reports Analysis Divisions, are designed to better inform candidates, treasurers, Administrative Fines political committees and the public about the requirements of federal cam- 13 Administrative Fine Program Extended paign finance law. We welcome your questions and comments. Please do not hesitate to call 14 Federal Register our 800 number (800/424-9530) for assistance. In addition, you can obtain our publications and other materials 24 hours a day through our Faxline, an Outreach automated fax-on-demand system (202/501-3413). Many of our materials are 14 FEC Conferences in February and also available on our web site at www.fec.gov. March We look forward to improving our communications with you in the 14 Spring Conference Schedule coming year. 15 Roundtable Publications 15 Updated List of Federal PACs 15 Updated Campaign Guide 16 Index Federal Election Commission RECORD January 2002 the staffs of Senator John Warner, notices of upcoming reporting Commissioners Representative Tom Bliley and deadlines. then-House Republican Whip Trent Under the Commission’s manda- Lott. He worked in numerous tory electronic filing regulations, New Chairman and Vice Congressional, Senatorial, Guberna- individuals and organizations1 that Chairman Elected torial and Presidential campaigns, receive contributions or make On December 13, 2001, the and was himself the Republican expenditures in excess of $50,000 in Commission elected David M. nominee for the Virginia House of a calendar year—or expect to do Mason as its Chairman and Karl J. Delegates in the 48th District in so—must file all reports and state- Sandstrom as its Vice Chairman for 1982. ments with the FEC electronically. 2002. Chairman Mason attended Electronic filers who instead file on Chairman Mason, a Republican, Lynchburg College in Virginia and paper or submit an electronic report was nominated to the Commission graduated cum laude from that does not pass the validation test by President Clinton in 1998. Prior Claremont McKenna College in will be considered nonfilers and to his appointment, Mr. Mason California. may be subject to enforcement served as Senior Fellow, Congres- Vice-Chairman Sandstrom was actions (including administrative sional Studies, at the Heritage also nominated to the Commission fines). Foundation. He joined Heritage in by President Clinton in 1998. Prior Committees that file with the 1990 as Director of Executive to his appointment, Vice-Chairman Secretary of the Senate2 are not Branch Liaison. In 1995 he became Sandstrom served as Chairman of subject to the mandatory electronic Vice President, Government Rela- the Administrative Review Board at filing rules, but may file an unoffi- tions, and in 1997 he was designated the Department of Labor. From cial electronic copy of their reports Senior Fellow with a focus on 1988 to 1992, he was Staff Director with the FEC in order to speed research, writing and commentary of the House Subcommittee on disclosure. 11 CFR 104.18. on Congress and national politics. Elections, during which time he also The Commission’s electronic Before joining the Heritage served as the Staff Director of the filing software, FECFile 4, can be Foundation, Chairman Mason Speaker of the House’s Task Force downloaded from the FEC’s web served as Deputy Assistant Secre- on Electoral Reform. From 1979 to site at www.fec.gov (click on the tary of Defense and also served on 1988, Vice-Chairman Sandstrom Electronic Filing icon). Filers may served as the Deputy Chief Counsel also use commercial or privately- to the House Administration Com- developed software as long as the Federal Election Commission mittee of the House of Representa- software meets the Commission’s 999 E Street, NW Washington, DC 20463 tives. format specifications, which are Vice-Chairman Sandstrom available on the Commission’s web 800/424-9530 received a B.A. degree from the site. 202/694-1100 University of Washington, a J.D. Most paper forms are available at 202/501-3413 (FEC Faxline) from George Washington University the FEC’s web site (http:// 202/219-3336 (TDD for the hearing impaired) and a Masters of the Law of Taxa- www.fec.gov/reporting.html) and tion from Georgetown University from FEC Faxline, the agency’s David M. Mason, Chairman Law Center.F automated fax system (202/501- Karl J. Sandstrom, Vice Chairman —Amy Kort 3413). The 2002 Reporting Sched- Danny L. McDonald, ule is also available on the FEC’s Commissioner web site (http://www.fec.gov/pages/ Bradley Smith, Commissioner Reports report.htm). For more information Scott E. Thomas, Commissioner on reporting, call the FEC at 800/ Darryl R. Wold, Commissioner 424-9530 (press 1, then 3) or 202/ James A. Pehrkon, Staff Director Reports Due in 2002 694-1100. Lawrence H. Norton, General (continued on page 4) This article on filing require- Counsel ments for 2002 is supplemented by Published by the Information the reporting tables on the following 1 The regulation covers individuals and Division pages. organizations required to file reports Greg J. Scott, Acting Assistant with the Commission, including any It is the responsibility of the Staff Director person making an independent expendi- committee treasurer to file required Amy Kort, Editor ture. reports on time. To assist treasurers, http://www.fec.gov the Commission sends committees 2 See “Where to File” on page 10. 2 January 2002 Federal Election Commission RECORD Guide to 2002 Reporting All committees must also file a 2001 Year-End Report, due January 31, 2002. Required Reports Pre- Pre- Post- Type of Filer Semiannual Quarterly Monthly Primary1 General General 3 3 3 3 House and Senate Campaigns of 2002 Candidates required if candidate runs in election, even if unopposed 3 Other House and Senate Campaigns2 3 3 Presidential Campaigns3 or 3 3 3 PACs and Party Committees Filing Monthly filed in lieu of November and December monthly reports 3 3 3 3 PACs and Party Committees Filing Quarterly4 required only if committee required makes contributions or regardless expenditures in connection of activity with a federal election during the reporting period5 1Category also includes pre-convention and pre-runoff reports. For pre-election reporting dates, see the table on pages 5-8. 2Special election candidates must file additional reports pertaining to their special elections. See periodic Record announce- ments. 3Presidential committees that wish to change their filing frequency during 2002 should notify the Commission in writing. 4PACs and party committees that filed on a semiannual basis in 2001 file on a quarterly basis in 2002. To avoid the need to file pre-primary and pre-runoff reports, these committees may change to monthly filing if they first notify the Commission in writing. Committees may change filing frequency only once a year. 11CFR 104.5(c). 5A reporting period begins with the close of books for the last report filed and ends with the closing date for the applicable report. 3 Federal Election Commission RECORD January 2002 Reports Table 1 (continued from page 2) 2001 Year-End Report Year-End Reports Covering 2001 Note: All committees file this report. Activity All committees must file a 2001 Report Period Covered Filing Date1 year-end report due January 31, 2002. Year-End Closing date January 31, 2002 The coverage and reporting dates are of last report found in Table 1. through 12/31/01 Reports Covering 2002 Activity To find out which reports your committee must file in 2002, check 2002 Monthly Reports the Guide to 2002 Reporting on Report Period Covered Filing Date1 page 3. Then check the tables on the following pages for reporting dates. February January 1-31 February 20 Please note that committees active March February 1-28 March 20 in special elections in 2002 may April March 1-31 April 202 have to file additional special May April 1-30 May 20 election reports, as explained on June May 1-31 June 20 page 10. July June 1-30 July 202 Authorized Committees August July 1-31 August 20 of Candidates September August 1-31 September 20 2002 House and Senate Candi- October September 1-30 October 202 dates. Campaigns that raise or spend Pre-General3 October 1-16 October 24 more that $5,000 for the 2002 Post-General Oct. 17-Nov. 25 December 5 election cycle (and thus trigger Year-End Nov. 26-Dec. 31 January 31, 2003 registration and reporting require- ments) must file quarterly reports throughout 2002, even if the candi- 2002 Quarterly Reports date plans to retire, withdraws from Report Close of Books Filing Date1 the race prior to the primary elec- tion, loses the primary or drops out 1st Quarter March 31 April 15 of the race prior to the general 2nd Quarter June 30 July 15 election. Committees must continue 3rd Quarter September 30 October 15 to file reports until the Commission Year-End December 31 January 31, 2003 notifies them in writing that their termination report has been ac- cepted. Pre- and Post-Election Reports Authorized committees of 2002 for November 5 General Election House and Senate candidates file the following reports: Report Close of Books Filing Date1 •Quarterly reports; Pre-General3 October 16 October 24 •A pre-primary report; Post-General November 25 December 5 •Pre- and post-general election reports (if the candidate partici- pates in the general election); • A year-end report; and 1Reports sent by registered or certified mail must be postmarked by the filing date •48-hour notices on contributions of (except in the case of the pre-general election report). Reports sent by other means— $1,000 or more received less than including first class mail—must be received by the filing date. 11CFR 104.5(e). 20 days, but more than 48 hours, 2 Notice that this deadline falls on a Saturday or Sunday. Filing dates are not extended before the day of each election in for weekends or holidays. Reports filed on paper or diskette should be received by the which the candidate participates. appropriate filing office the Friday before the filing date. 3 If sent by registered or certified mail, the pre-general must be postmarked by (continued on page 9) October 21. 4 January 2002 Federal Election Commission RECORD Pre-Election Reporting Dates: 2002 Primary and Runoff Elections Registered/Certified State or Territory Election Day Close of Books† Mailing Date‡ Filing Date‡ *Alabama June 4 May 15 May 20 May 23 Runoff: June 25 June 5 June 10 June 13 * Alaska August 27 August 7 August 12 August 15 American Samoa November 5 October 16 October 21 October 24 Runoff: November 19 October 30 November 71 November 7 Arizona September 10 August 21 August 26 August 29 * Arkansas May 21 May 1 May 6 May 9 Runoff: June 11 May 22 May 272 May 30 California March 5 February 13 February 182 February 21 * Colorado August 13 July 24 July 29 August 1 Connecticut September 10 August 21 August 26 August 29 *Delaware September 7 August 18 August 23 August 26 District of Columbia September 10 August 21 August 26 August 29 Florida September 10 August 21 August 26 August 29 †This date indicates the end of the reporting period. A reporting period always begins the day after the closing date of the last report filed. If the committee is new and has not previously filed a report, the first report must cover all activity that occurred before the committee registered and, if applicable, before the individual became a candidate. ‡Reports sent by registered or certified mail must be postmarked by the mailing date. Otherwise, they must be received by the filing date. * States holding 2002 Senate elections. 1 The mailing date is the same as the filing date because the computed mailing date would fall one day before the primary is held. 2 Notice that the registered/certified mailing date falls on a federal holiday. The report should be postmarked before that date. 5 Federal Election Commission RECORD January 2002 Registered/Certified State or Territory Election Day Close of Books† Mailing Date‡ Filing Date‡ *Georgia August 20 July 31 August 5 August 8 Runoff: September 10 August 21 August 26 August 29 Guam September 7 August 18 August 23 August 26 Hawaii September 21 September 1 September 6 September 9 * Idaho May 28 May 8 May 13 May 16 * Illinois March 19 February 27 March 4 March 7 Indiana May 7 April 17 April 22 April 25 *Iowa June 4 May 15 May 20 May 23 *Kansas August 6 July 17 July 22 July 25 *Kentucky May 28 May 8 May 13 May 16 *Louisiana August 233 August 3 August 8 August 114 *Maine June 11 May 22 May 272 May 30 Maryland September 10 August 21 August 26 August 29 *Massachusetts September 17 August 28 September 2 2 September 5 *Michigan August 6 July 17 July 22 July 25 *Minnesota September 10 August 21 August 26 August 29 †This date indicates the end of the reporting period. A reporting period always begins the day after the closing date of the last report filed. If the committee is new and has not previously filed a report, the first report must cover all activity that occurred before the committee registered and, if applicable, before the individual became a candidate. ‡Reports sent by registered or certified mail must be postmarked by the mailing date. Otherwise, they must be received by the filing date. * States holding 2002 Senate elections. 2 Notice that the registered/certified mailing date falls on a federal holiday. The report should be postmarked before that date. 3 In AO 2000-29, the Commission determined that the last day to qualify for a position on the general election ballot in Louisi- ana—in this case August 23, 2002—must be considered the primary election date for Louisiana candidates. See 11 CFR 100.2(c)(4)(i). Additionally, under state law if no candidate in the November 5 general election receives over 50 percent of the vote, a runoff election will be held on December 7, 2002. If the runoff is held, a pre-runoff report will be due on November 25, 2002. The close of books for the pre-runoff report will be November 17, and the mailing date for reports sent by registered or certified mail will be November 22. 4 Notice that this deadline falls on a weekend or federal holiday. Filing dates are not extended for weekends or holidays. Reports filed on paper or diskette must be received by the appropriate filing office(s) the Friday before the filing date. 6 January 2002 Federal Election Commission RECORD Registered/Certified State or Territory Election Day Close of Books† Mailing Date‡ Filing Date‡ *Mississippi June 4 May 15 May 20 May 23 Runoff: June 25 June 5 June 10 June 13 *Missouri August 6 July 17 July 22 July 25 *Montana June 4 May 15 May 20 May 23 *Nebraska May 14 April 24 April 29 May 2 Nevada September 3 August 14 August 19 August 22 *New Hampshire September 10 August 21 August 26 August 29 *New Jersey June 4 May 15 May 20 May 23 *New Mexico June 4 May 15 May 20 May 23 New York September 10 August 21 August 26 August 29 *North Carolina May 7 April 17 April 22 April 25 Runoff: June 4 May 15 May 20 May 23 North Dakota June 11 May 22 May 272 May 30 Ohio May 7 April 17 April 22 April 25 *Oklahoma August 27 August 7 August 12 August 15 Runoff: September 17 August 28 September 22 September 5 *Oregon May 21 May 1 May 6 May 9 Pennsylvania May 21 May 1 May 6 May 9 *Rhode Island September 10 August 21 August 26 August 29 *South Carolina June 11 May 22 May 27 2 May 30 Runoff: June 25 June 5 June 10 June 13 †This date indicates the end of the reporting period. A reporting period always begins the day after the closing date of the last report filed. If the committee is new and has not previously filed a report, the first report must cover all activity that occurred before the committee registered and, if applicable, before the individual became a candidate. ‡Reports sent by registered or certified mail must be postmarked by the mailing date. Otherwise, they must be received by the filing date. * States holding 2002 Senate elections. 2 Notice that the registered/certified mailing date falls on a federal holiday. The report should be postmarked before that date. 7 Federal Election Commission RECORD January 2002 Registered/Certified State or Territory Election Day Close of Books† Mailing Date‡ Filing Date‡ *South Dakota June 4 May 15 May 20 May 23 Runoff: June 18 May 29 June 3 June 6 *Tennessee August 1 July 12 July 17 July 20 4 *Texas March 12 February 20 February 25 February 28 Runoff: April 9 March 20 March 25 March 28 Utah June 25 June 5 June 10 June 13 Vermont September 10 August 21 August 26 August 29 Virgin Islands September 14 August 25 August 30 September 2 4 *Virginia June 11 May 22 May 272 May 30 Washington September 17 August 28 September 22 September 5 *West Virginia May 14 April 24 April 29 May 2 Wisconsin September 10 August 21 August 26 August 29 *Wyoming August 20 July 31 August 5 August 8 †This date indicates the end of the reporting period. A reporting period always begins the day after the closing date of the last report filed. If the committee is new and has not previously filed a report, the first report must cover all activity that occurred before the committee registered and, if applicable, before the individual became a candidate. ‡Reports sent by registered or certified mail must be postmarked by the mailing date. Otherwise, they must be received by the filing date. * States holding 2002 Senate elections. 2 Notice that the registered/certified mailing date falls on a federal holiday. The report should be postmarked before that date. 4 Notice that this deadline falls on a weekend or federal holiday. Filing dates are not extended for weekends or holidays. Reports filed on paper or diskette must be received by the appropriate filing office(s) the Friday before the filing date. 8 January 2002 Federal Election Commission RECORD Reports change its filing schedule should general election reports in lieu of the (continued from page 4) notify the Commission in writing. November and December monthly These notices are due within 48 11CFR 104.5(b)(2). reports. Monthly filers must also file hours of the committee’s receipt of a year-end report. 11CFR PACs and Party Committees the contribution. 11CFR 104.5(a) 104.5(c)(3). PACs (separate segregated funds (1) and (f).3 Changing the Filing Schedule. and nonconnected committees) and PACs and party committees filing Note: Committees are required to party committees that filed on a on a quarterly schedule may change file election reports and 48-hour semiannual basis during 2001 now to a monthly schedule in order to notices even if the candidate is file on a quarterly basis. Monthly avoid having to file pre-convention, unopposed in the election. Moreover, filers continue on the monthly pre-primary and pre-runoff reports. these reporting requirements still schedule. PACs and party committees Committees changing from a apply even if a primary or general may, however, change their filing quarterly to a monthly schedule, or election is not held because the schedule, as explained later in this from a monthly to a quarterly candidate is unopposed or received section. schedule, must first notify the a majority of votes in the previous Note that all PACs, whichever Commission in writing. The notifi- election. However, no report is schedule they follow, are subject to cation must accompany a report required for a primary election that the 24-hour filing requirement for filed under the committee’s current is not held because the candidate last-minute independent expendi- reporting schedule. A committee was nominated by a caucus or tures (also explained later). may change its filing frequency only convention,4 for which a pre- Quarterly Filers. A PAC or party once a year. 11CFR 104.5(c). election report was filed. See committee that files on a quarterly 24-Hour Reports on Independent 11CFR 110.1(j). Also, a candidate basis must file a post-general Expenditures. Any PAC (including who withdraws from the election election report and a year-end a monthly filer) that makes indepen- before participating in the primary report. 11CFR 104.5(c)(1)(i) and dent expenditures in connection would not have to file a pre-primary (iii). with any federal election (conven- report or other pre-election reports Additionally, quarterly filers may tion, primary, runoff, general) may unless the candidate’s name re- have to file pre-convention, pre- have to file a 24-hour report. This mained on the ballot. primary,pre-runoff and pre-general report is required when a committee Other House and Senate Candi- election reports (see the table on makes independent expenditures dates. Committees authorized by pages 5-8). The requirement to file a aggregating $1,000 or more less House and Senate candidates who pre-election report is triggered if the than 20 days, but more than 24 ran or intend to run in a year other committee makes a contribution or hours, before the day of the election. than 2002 file on a semiannual expenditure in connection with a The report must be received within basis. 11CFR 104.5(a)(2). federal election during the appli- 24 hours after the expenditure is Presidential Candidates. All cable reporting period. 11CFR made. For more information on the committees authorized by Presiden- 104.5(c) (1)(ii). A reporting period 24-hour reporting requirement, see tial candidates must file on either a begins the day after the close of 11CFR 104.4(b) and (c) and monthly or a quarterly schedule. A books for the last report filed and 104.5(g). See also “Where to File” Presidential committee wishing to continues through the close of books (below) for special filing require- for the pre-election report. ments. Note that, although the FEC sends committees notices of upcom- Waiver of State Filing 3 Since 48-hour notices do not have to ing reporting deadlines for quarterly Under the Commission’s State be signed by the treasurer, paper filers reports and general election reports, Filing Waiver program, qualified may submit them by fax—other reports the agency does not send PACs or states are relieved of the require- and statements may not be faxed. AO 1988-32. Committees, other than party committees pre-election ment to make paper copies of FEC Senate committees, may also file their reporting notices for Congressional reports available to the public. As a 48-hour notices online. For more conventions, primaries or runoffs. result, political committees no information concerning online filing, Monthly Filers. Unlike quarterly longer have to file copies of their visit the FEC web site at www.fec.gov filers, PACs and party committees and click on the Electronic Filing logo. filing on a monthly basis do not file (continued on page 10) pre-election reports for conventions, 4 A pre-convention report is required primaries or runoff elections. They only if the convention has authority to must, however, file pre- and post- nominate. See 11 CFR 100.2(e). 9 Federal Election Commission RECORD January 2002 Reports Senate Candidate Committees. basis, rather than on a calendar-year (continued from page 9) Principal campaign committees of basis. 11 CFR 104.3. Senate candidates file with the federal reports at the state level in Late Filing Secretary of the Senate. 11 CFR the states that have received the The Federal Election Campaign 105.2. The principal campaign waiver.5 Committees in states not Act does not permit the Commission committee must simultaneously file certified for the waiver must con- to grant extensions of filing dead- a copy of each report and statement tinue to file copies of their reports lines under any circumstances. with the Secretary of State (or with the appropriate state election Filing late reports can result in equivalent officer) of the state in office. The addresses for the federal enforcement action by the Commis- which the candidate seeks (or offices (FEC and Secretary of the sion. sought) election only if that state has Senate) appear in the instructions The agency pursues compliance not been certified for a waiver. 2 for the Summary Page of FEC actions against late-filers and U.S.C. §439(a)(2)(B). See footnote Forms 3 and 3X. A list of state nonfilers under the Administrative 5. filing offices is available from the Fine program and on a case-by-case Presidential Committees. Princi- Commission. basis. For more information on the pal campaign committees of Presi- Administrative Fine program, visit Where to File dential candidates file with the FEC. the FEC web site at www.fec.gov Committee treasurers must file 11 CFR 105.3. The principal and click on the Administrative Fine FEC reports with the appropriate campaign committee must simulta- icon. federal and state filing offices. neously file a copy of each report House Candidate Committees. and statement with the Secretary of Committees Active in Special Principal campaign committees of State (or equivalent officer) of each Elections House candidates file with the FEC. state in which the committee makes Committees authorized by 11 CFR 105.1. The principal expenditures only if that state has candidates running in any 2002 campaign committee must simulta- not been certified for a waiver. special election must file pre- and neously file a copy of each report 11CFR 108.2. See footnote 5. post-election reports in addition to and statement with the Secretary of Candidate Committees with More regularly-scheduled reports. 11 CFR State (or equivalent officer) of the Than One Authorized Committee. If 104.5(h). They are also required to state in which the candidate seeks a campaign includes more than one comply with the 48-hour notice (or sought) election only if that state authorized committee, the principal requirement for contributions of has not been certified for a waiver. 2 campaign committee files, with its $1,000 or more (including loans) U.S.C. §439(a)(2)(B). See footnote own report, the reports prepared by received shortly before an election. 5. the other authorized committees as See 11 CFR 104.5(f). well as a consolidated report (FEC PACs and party committees Form 3Z). 11 CFR 104.3(f). supporting candidates running in PACs and Party Committees. special elections may also have to Generally, PACs and party commit- file pre- and post-election reports— 5 The Commission has certified that the tees file with the FEC. 11 CFR unless they file on a monthly basis. following states and territories qualify 105.4. However, committees 11 CFR 104.5(c)(3) and 104.5(h). for filing waivers: Alabama, American supporting only Senate candidates, All PACs are subject to 24-hour Samoa, Arizona, Arkansas, California, and the national Democratic and reporting of independent expendi- Colorado, Connecticut, Delaware, Republican senatorial committees, tures made shortly before an elec- Florida, Georgia, Hawaii, Idaho, file with the Secretary of the Senate. Illinois, Indiana, Kansas, Kentucky, tion. See 11CFR 104.4(b) and (c) 11CFR 105. PACs and party Louisiana, Maine, Maryland, Michigan, and 104.5(g). committees that support candidates Minnesota, Mississippi, Missouri, When timing permits, the Record running in states not certified for the Nebraska, Nevada, New Hampshire, will alert committees to special waiver must simultaneously file New Jersey, New Mexico, New York, election reporting dates. F copies of reports and statements North Carolina, North Dakota, Ohio, —Amy Kort Oklahoma, Oregon, Pennsylvania, with the Secretary of State or Rhode Island, South Carolina, South equivalent officer. See footnote 5. Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Virgin Islands, Election Cycle Reporting Washington, West Virginia, Wisconsin Authorized candidate committees and Wyoming. must aggregate receipts and dis- bursements on an election-cycle 10

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