Campaign Finance Reform Bills Pass General Assembly

The General Assembly passed two bill last month that will modernize Delaware’s campaign finance rules by increasing fundraising transparency, adjusting minimum reporting thresholds for inflation, and enhancing the penalties for candidates who fail to file reports in a timely fashion. 

Senate Bill 176 would provide the Delaware Elections Commissioner with additional penalties to hand down when a candidate or their campaign fails to turn in campaign finance documents and other reports on time. 

Senator Colin Bonini was the only member of the General Assembly to vote no, as he often does.

SENATE BILL 176 SPONSORS	YES VOTES	NO VOTES
Paradee, Gay, Hansen	Senate Passes 20-1. Brown Ennis Gay Hansen Lockman Mantzavinos Paradee Pinkney Poore S.McBride Sokola Sturgeon Townsend Walsh Hocker Lawson Lopez Pettyjohn Richardson Wilson	Bonini
Lynn, Brady	House Passed 41-0. Baumbach Bennett Bentz Bolden Brady Bush Carson Chukwuocha Cooke Dorsey-Walker Griffith Heffernan K.Johnson K.Williams Kowalko Lambert Longhurst Lynn Matthews Minor-Brown Mitchell Morrison Osienski S.Moore Schwartzkopf Wilson-Anton Briggs King Collins D.Short Dukes Gray Hensley M.Smith Morris Postles Ramone Shupe Smyk Spiegelman Vanderwende Yearick	None
CURRENT STATUS –	Sent to the Governor

In addition to the $50-per-day fine currently allowed by law, the legislation would allow the Elections Commissioner to require a reporting party to complete mandatory training on how to use the Department’s electronic campaign finance system. 

The Commissioner also would be required to publish the names of all candidates who failed to file or correct a report on the Department of Elections website once an appeals board has determined their campaign’s negligence lacked any reasonable cause. 

The measure also seeks to strike a fair balance for candidates and their campaign workers – often volunteers with little previous experience – by updating the existing appeal process, capping fines at $5,000 and allowing the Commissioner to waive administrative penalties less than $500 if the reporting party files or corrects a tardy report. 

“This bill provides additional flexibility to address a number of situations that occur, particularly for those new or unfamiliar with the campaign finance reporting procedures and provides additional tools to help to educate these individuals regarding the requirements for accurate and complete reporting,” State Election Commissioner Anthony Albence said. 

Meanwhile, Senate Bill 177 would allow a prospective candidate to raise up to $5,000 before being required to officially declare their candidacy and submit campaign finance reports with the Department of Elections. The current threshold of $2,000 has not been adjusted for inflation in 30 years for most political contests.

It passed the Senate unanimously and only Representative Bryan Shupe voted against it in the House.

SENATE BILL 177 SPONSORS	YES VOTES	NO VOTES
Paradee, Gay, Hansen	Senate Passed 21-0. Brown Ennis Gay Hansen Lockman Mantzavinos Paradee Pinkney Poore S.McBride Sokola Sturgeon Townsend Walsh Bonini Hocker Lawson Lopez Pettyjohn Richardson Wilson	None
Lynn	House Passed 39-1-1. Bennett Bentz Bolden Brady Bush Carson Chukwuocha Cooke Dorsey-Walker Griffith Heffernan K.Johnson K.Williams Kowalko Lambert Longhurst Lynn Matthews Minor-Brown Mitchell Morrison Osienski S.Moore Schwartzkopf Wilson-Anton Briggs King Collins D.Short Dukes Gray Hensley M.Smith Morris Postles Ramone Smyk Spiegelman Vanderwende Yearick	Baumbach (not voting), Shupe
CURRENT STATUS –	Sent to the Governor