Becoming a Candidate for State,
County, or Municipal Office
The Fair Campaign Practices Act
(FCPA) defines a candidate as a person who has:
1. Qualified to be
listed on an election ballot by filing qualification forms with a
political party or by submitting a petition to run as an independent or
third-party candidate; or
2. Received
contributions or made expenditures for an election campaign equal to the
following thresholds:
- $25,000 or more for statewide office
- $5,000 or more for circuit or district office
- $10,000 or more for State Senate
- $5,000 or more for State House of Representatives
- $1,000 or more for municipal or county office
Appointing a Principal Campaign
Committee
Within five (5) calendar days of
becoming a candidate, one must file a Principal Campaign Committee Form
with the secretary of state, if seeking election to a statewide,
circuit, or district office, or with the local probate judge, if seeking
election to a municipal or county office.
This form establishes the
candidate's finance committee. A candidate may either serve as his/her
own committee or may appoint a committee of two to five persons. This
committee must report until dissolved.
Filing Reports
After exceeding the threshold
amount in either contributions or expenditures, a candidate is required
to file reports at specific times. Failure to comply with FCPA reporting
requirements can have a serious impact on a person's election, and may
result in a criminal conviction.
Annual Report
An Annual Report is required during both
election and non-election years. This report may be filed after January
1 and must be filed no later than January 31. On the summary page, the
report should include the amount of cash on hand at the beginning of the
calendar year, a total of all contributions and expenditures made during
the calendar year, and the ending balance. Contributions and
expenditures over $100 that have not been previously reported should be
itemized on the contribution/expenditure pages of the report.
Pre-election Reports
During an election year,
pre-election reports are required before any election in which the
candidate's name is on the ballot. These reports must be filed at the
following times:
-
Primary
50-45 days before the primary
10-5 days before the primary
-
Primary Run-off
10-5 days before the primary run-off
-
General
50-45 days before the general
10-5 days before the general
On the summary page, the
report should include the amount of cash on hand at the beginning of the
reporting period, a total of all contributions and expenditures made
during the reporting period, and the ending balance. Contributions and
expenditures over $100 that have been received or expended during the
reporting period should be itemized on the following pages of the
report.
Raising Money
Candidates can begin fund
raising 12 months prior to the election. They may continue fund raising
for 120 days after the election to pay off campaign debts, but only to
the extent of any campaign debt and only for debts that are directly
related to lawful campaign expenditures.
However, state candidates
cannot solicit or receive contributions any time the Alabama Legislature
is in session, unless within 120 days of an election. The law does
provide for one exception: state candidates involved in a special
election called by the governor may accept contributions, even when the
legislature is in session. Note that only state candidates are affected
by this prohibition. Both county and municipal candidates may continue
to raise campaign funds.
Candidates and elected
officials should note, however, that under a 1999 amendment to the
campaign finance law, these prohibitions do not apply to loans they make
to their own campaign committee.
Dissolving a Principal Campaign
Committee
The chairman or treasurer of the
campaign committee should submit a Statement of Dissolution Form to the
secretary of state or local probate judge to dissolve a committee. The
Statement of Dissolution must be accompanied by a final report detailing
contributions and expenditures not previously reported and stating how
excess funds will be distributed. |
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Statement of Economic Interests
All candidates are required by
the state ethics law (ยง36-25-14, Code of Alabama, 1975) to file a
Statement of Economic Interests with the appropriate election official
at the same time they become a candidate. For more information on this
requirement, contact the State Ethics Commission, P.O. Box 4840,
Montgomery, AL 36130-4840, (334) 242-2997. Or, you can visit the Ethics
Commission's web site at
http://www.ethics.alalinc.net/.
You can download the Statement of Economic Interests form by clicking here.
Federal Candidates
Candidates for federal office
must comply with federal laws administered by the
Federal Elections Commission, which can
be reached by calling 1-800-424-9530 or by clicking
here.
Judicial Candidates
Judicial candidates are required
by Canon 6C of the Canons of Judicial Ethics to make some additional
filings with the clerk of the Alabama Supreme Court.
Have Questions or Need Forms?
Contact the Elections Division:
Elections Division
P.O. Box 5616 Montgomery, AL 36103-5616
Telephone:
1-800-274-VOTE
1-800-274-8683
1-334-242-7210
The Elections Division is
located in the State Capitol at 600 Dexter Avenue in Montgomery,
Alabama.
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