AN ACT TO AMEND TITLES 15 AND 29 OF THE DELAWARE CODE RELATING TO CAMPAIGN FINANCE.
What changed between versions
Political committees must now submit written documentation for all loans, including lender name, address, signature, repayment schedule, and interest rate. Loan proceeds must be deposited into the committee's designated account within 3 business days and cannot be held in a candidate's personal account.
Record retention period for candidates and political committees increased from 3 years to 5 years, with the longer period taking effect 2 years after the Act's effective date (July 1, 2027).
A mandatory biennial training program on campaign finance laws is required for all candidates and treasurers of political committees. Initial training must be completed within 30 days of filing a statement of organization.
The Division of Civil Rights and Public Trust must submit an annual report to the General Assembly by December 31 listing all prosecutions initiated or ongoing under campaign finance law.
The negative ending balance prohibition (Section 8031A) that was added by House Amendment 1 does not appear in the final bill text and appears to have been dropped from the enacted version.
Candidates are prohibited from charging interest on loans made to their own candidate committee.
The one-time automatic extension for filing tardy reports was expanded from 24 hours to 48 hours after the reporting deadline.
If a citation for a tardy report is not resolved within 30 days, the political committee is prohibited from engaging in any campaign finance activities until the report is filed and all fines are paid.
Enforcement and prosecution authority for campaign finance violations was shifted from the Office of the Attorney General to the Division of Civil Rights and Public Trust within the Department of Justice. The Commissioner must now submit a monthly list of alleged violations to that Division.
The State Election Commissioner is given authority to audit committee reports for compliance and may promulgate regulations regarding audit procedures.
Administrative penalties for tardy reports are set at $50 per day of tardiness, up to a maximum of 100 days (totaling up to $5,000). The Commissioner may waive penalties under $500 if the report has been filed or corrected.
Candidates for state office are now explicitly required to file financial disclosure reports under Title 29, Chapter 58, Subchapter II, connecting campaign finance compliance with broader public official financial disclosure.
