Contents:
II. Qualifications to be a Candidate
III. Alabama Ethics Commission Requirements
IV. IRS Financial Requirements
V. Alabama Secretary of State Requirements
VI. Alabama Democratic Party Requirements
Qualifying for the Special Election in House District 30 is currently open! Qualifying will close at 5pm, August 24, 2012.
You can search our list and check on who has qualified at the local level here.
To qualify for elected office in Alabama, candidates must file documents with several entities: the Alabama Democratic Party or local County Chair, the Alabama Ethics Commission, the Alabama Secretary of State or Probate Judge, and the IRS.
Candidates for state office cannot solicit or receive contributions any time the Alabama Legislature is in session, unless the legislature is in session within 120 days of an election. The only exception is state candidates involved in a special session called by the Governor. County and municipal candidates may continue to accept funds. For more information, please visit the Secretary of State website.
The full 2012 Democratic Qualifying Packet is now available for download. File is a PDF and includes a qualifying form, copy of the Statement of Economic Interests Form, Appointment of Principal Campaign Committee form, and a quick guide to the qualifying process. For state qualifying fees, please see the State Democratic Party Requirements section below. For local fees, please contact your local County Chair or Probate Judge.
A full packet of FCPA forms is also available for download. This packet will include the Waiver of Report, Monthly/Weekly, Daily, and Annual Report forms, and a Dissolution of Committee form to be used at the end of the cycle should you choose to dissolve your campaign committee. Please follow the Secretary of State’s 2012 FCPA calender deadlines.
The Secretary of State’s office has also provided this year’s Candidate Filing Guide in PDF format.
Federal candidates should consult the House and Senate links in the Alabama Ethics Commission Requirements section.
BE SURE TO SEND ALL MAILINGS TO EACH ENTITY CERTIFIED.
II. Qualifications to be a Candidate
Minimum Requirements for Public Office
III. Alabama Ethics Commission Requirements
WARNING: It is imperative that you immediately file the Statement of Economic Interests form with the Ethics Commission. Failure to timely do so may result in your disqualification as a candidate.
NOTICE TO FEDERAL CANDIDATES:
Click here to visit the U.S. House of Representatives Committee on Standards of Official Conduct website for information related to filing disclosures as a candidate for Congress.
Click here to visit the U.S. Senate Select Committee on Ethics website for information related to filings as a candidate for U.S. Senate. You will look for the “Public Financial Disclosure Report” section.
NOTICE TO ALL OTHER CANDIDATES:
If you choose to print the Statement of Economic Interests form, make enough copies to:
1. File the original with the Alabama Democratic Party
2. Keep a copy for your files
3. File a copy within 5 days of the date you become a candidate (you become a candidate when you file your Appointment of Principal Campaign Committee form with the Secretary of State) with the Alabama Ethics Commission, RSA Union, 100 N. Union St., Suite 104, Montgomery, AL 36104, or mail to P.O. Box 302300, Montgomery, AL 36130-2300. (Incumbents should have this form on file already.)
4. JUDICIAL CANDIDATES ONLY: FILE A COPY WITH THE CLERK OF THE SUPREME COURT WITHIN 10 DAYS OF QUALIFYING AS A CANDIDATE, 300 Dexter Avenue, Montgomery, AL 36104. The Supreme Court also requires a financial disclosure form. Please direct all questions regarding Supreme Court filings to the Clerk of the Supreme Court.
Canons of Judicial Ethics, Canon 6, Subsection C. A judge, at the time he or she takes the oath of office, or a candidate for judicial office, within 10 days after qualifying, shall file as a public document with the clerk of the supreme court a “statement of economic interests” on the form prepared and prescribed by the state ethics commission ……. (please click link above and carefully read entire subsection.)
IV. IRS Financial Requirements
The IRS requires that all candidate bank accounts have an Employer Identification Number (also known as a Federal Tax ID number). There are three easy ways to apply for this number below. It is recommended that you obtain professional advise concerning any additional IRS requirements.
1. The IRS encourages you to obtain your campaign’s EIN by calling the Business & Specialty Tax Line at (800) 829-4933.
2. You can apply online for an EIN number here (choose Political Organization).
3. You can also fill out and print the SS-4 Application for an EIN here (pdf format).
Fax to (859) 669-5760 or Mail to Attn: EIN Operation, Philadelphia, PA 19255
Instructions for this form can be found by clicking here.
More information concerning IRS requirements can be found here and/or here.
V. Alabama Secretary of State Requirements
If you have not done so already, fill out the Appointment of Principle Campaign Committee form. This form must be filed with the State Party or County Chair simultaneously upon qualifying or must be filed within 5 calender days of reaching the fundraising/expenditure threshold for your office, whichever occurs first.
To file directly with the Secretary of State, send all forms to Office of the Secretary of State, State Capitol, Room E-204, Montgomery, AL 36103 or mail to them certified at P. O. Box 5616, Montgomery, AL 36103.
NOTICE TO FEDERAL CANDIDATES [for U.S. House or U.S. Senate]:
Click here to visit the Federal Election Commission (FEC) website for financial reporting forms and procedures.
FCPA Forms and Filing Calender
Our new ethics legislation require candidates file monthly reports each month following the filing of their Appointment of Principal Campaign committee form. Additional weekly and daily deadlines have also been added in lieu of the old 10 and 45 Day reports.
Use the Candidate Filing Guide linked to below as a reference for filing your FCPA reports and file with the Office of the Secretary of State on time according to the FCPA deadlines. When in doubt — FILE, even if it is only the waiver. In addition, familiarize yourself with the Candidate Filing Guidelines, and Campaign Advertising Disclaimer Guidelines.
- FCPA Filing Calendar: Please follow all deadlines set forth in this calender. File these forms directly with the Secretary of State or Probate Judge.
- Campaign Finance Report Form: This is the new monthly and weekly reporting form for candidates and elected officials.
- Waiver of Report Form: File this when there has been no activity in the campaign account for the upcoming election or if the appropriate filing threshold has not yet been reached by the candidate.
- Statement of Dissolution: File this when dissolving your candidate campaign committee.
- Candidate Filing Guide (pdf format)Click here for detailed information concerning filling out and filing financial report forms.
- Candidate Filing Guidelines: PDF document with further FCPA guidelines from the Secretary of State.
- Campaign Advertising Disclaimer Guidelines: Print and broadcast media and campaign literature must be clearly identified with an advertising disclaimer.
- Fair Campaign Practices Act (FCPA): Refer to this link to view the FCPA law in detail.
VI. Alabama Democratic Party Requirements
The state party requires candidates to file a qualifying fee and the following Declaration of Candidacy form.
WARNING: Qualifying forms and fees must be received in our office prior to the qualifying deadline regardless of postmark. We must have the forms in hand by 5:00 PM at the end of qualifying in order to certify the nominees by our deadline.
Declaration of Candidacy [PDF Document]
Presidential Candidate Petition Signature Form [PDF Document]
2012 Qualifying Fees
Qualifying fees are based on 2% of the base salary for each office. The following calculations are subject to change if found to be incorrect.
| Type | Office | Qualifying Fee |
|---|---|---|
| Federal | Delegate to National Convention | $50.00 |
| Federal | President | $2,500.00 |
| Federal | United States Representative | $3,480.00 |
| Judicial | Circuit Clerk | $1,381.97 |
| Judicial | Circuit Court Judge | $2,398.97 |
| Judicial | Court of Civil Appeals Judge | $3,180.05 |
| Judicial | Court of Criminal Appeals Judge | $3,180.05 |
| Judicial | District Court Judge | $2,378.97 |
| Judicial | Supreme Court Chief Justice | $3,220.05 |
| Judicial | Supreme Court Justice | $3,200.05 |
| State | Public Service Commission President | $2,069.80 |
| State | House or Representatives | $1,100.92 |
File the following with the Alabama Democratic Party state headquarters, 501 Adams Ave., Montgomery, AL 36104, or mail certified to P.O. Box 950, Montgomery, AL 36101:
- Statement of Economic Interests (if necessary)
- Appointment of Principal Campaign Committee Form (if necessary)
- Completed and notarized Declaration of Candidacy
- Qualifying fee by check or money order
Q. Do I need to file a copy of my Statement of Economic Interests (Ethics) form with the ADP when qualifying?
A. If you are an incumbent elected official, state, county, or municipal employee, or other person required to file annual Statement of Economic Interests forms, and you have already filed your report prior to qualifying, you are not required to submit a second report. If you do not have a current report on file, you must file a new Statement of Economic Interests form with the ADP simultaneously with your qualifying form.
Q. Do I need to file my FCPA Pre-election report with the Party?
A. If you have not done so already, you should file the Appointment of Principal Campaign Committee, which sets up your campaign committee, when qualifying only. Additional FCPA disclosures, including the new monthly and weekly reports or annual reports, must be filed according to the FCPA calender directly with the Secretary of State (state offices) or Probate Judge (local offices).
Q. Can I pay my qualifying fee after filing my Declaration of Candidacy (qualifying form)?
A. No, you must file your fee at the same time you file your qualifying form.
Q. Do I have to obtain a Tax ID (EIN) in order to qualify.
A. No, but it is advised, and possibly required by the bank, that you obtain an EIN for you campaign’s bank account.
Q. Can you run for State Democratic Executive Committee and for public office at the same time?
A. Yes, unless you are a federal employee. State Democratic Executive Committee, County Executive Committee, and Delegate are non-paid positions.
Q. Can I run for County or State Committee, or and elective office, if I am a federal employee.
A. No, the Hatch Act forbids federal employees from running for paid elective office or for unpaid Party office, unless that employee resigns. One should research the Hatch Act for more information or for clarification.
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