Candidate Qualifying
Information on How to Qualify
Contents:
I. Introduction
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
VII. Qualifying FAQs
VIII. Candidate Resources
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Campaign check list |
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• Start campaigning today. • Raise money! • File Statement of Economic Interests form with Alabama Ethics Commission. • File SS-4 application for a Federal tax identification number with the IRS. • Set up a bank account. • Raise more money! • File Appointment of Principal Campaign Committee form with Alabama Secretary of State when thresholds are reached. • File Qualifying Form and submit fee to the Alabama Democratic Party before 5pm on the Qualifying Deadline date. |
In order to qualify for any "state" elected office [that is Congressional, Constitutional, Judicial, or Legislative office] a candidate must fill out documents for these several entities: the Alabama Democratic Party, the Alabama Ethics Commission, the Alabama Secretary of State, and the IRS.
Please note that in some years political fundraising is prohibited while the Legislature is in session. You should consult the Secretary of State for up to date and accurate information regarding this issue.
Candidates for "local" office, such as County Commissioner, County School Board, Probate Judge, and Sheriff to name a few, will file documents with their County Chair and/or Judge of Probate, not with the state party.
Qualifying with the state party for the 2010 election cycle will be from January 16-April 2 at 5pm.
•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
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.
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
There is a blackout period for raising money in 2010. Candidates cannot raise funds between January 12 and January 31! Click below of the 2010 FCPA filing calendar.
FCPA Filing Calendar (pdf format)
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.
For all other candidates, if you have not done so already, fill out the Appointment of Principle Campaign Committee form and file a copy with the Alabama Democratic Party, and most importantly, file with the 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, within 5 calendar days of: reaching the contribution or expenditure threshold for the office you are seeking or from the date your Qualifying form is notarized. (Remember: county candidates will file with their County Chair and the Probate Judge.)
Other SOS forms or info you'll need as a candidate
Keep other Pre-Election Report forms on file; fill out as described in the Candidate Filing Guide, and file with the Office of the Secretary of State on time according to the FCPA Deadlines. In addition, familiarize yourself with the Candidate Filing Guidelines, and Campaign Advertising Disclaimer Guidelines.
FCPA Filing Calendar (pdf format)
Candidates must file a disclosure form according to this calendar
Pre-Election Report Forms Version A (pdf format)
Version A forms are designed for printing and filling out by hand or by typewriter
Pre-Election Report Forms Version B (pdf format)
Version B forms are designed for filling out on your computer, then printing and signing
Waiver of Report Form (pdf format)
File this when there has been no activity in the campaign or PAC account for the upcoming election or the appropriate filing threshold has not been reached by the candidate.
Statement of Dissolution (pdf format)
File this when dissolving your committee.
Candidate Filing Guide (pdf format)
Click here for detailed info concerning filling out and filing financial report forms.
Candidate Filing Guidelines
Click here if you need more info concerning financial reporting.
Campaign Advertising Disclaimer Guidelines
Print and broadcast media and campaign literature must be clearly identified with an advertising disclaimer.
Fair Campaign Practices Act
If you have questions about the law, refer to this link containing the Alabama Code regarding the FCPA.
VI. Alabama Democratic Party Requirements
The state party requires candidates (including persons running for State and County Democratic Executive Committee) to file a qualifying fee and the following Declaration of Candidacy form.
Qualifying forms and fees must be received in our office prior to the qualifying deadline. Forms received after, regardless if postmarks are on or prior to the date and time of the deadline, do not count! When sending forms close to the deadline, one should not rely on the post office or shipping companies for timely delivery.
State House & State Senate Candidates must also file the following form.
Democratic Caucus Pledge.pdf
2010 Qualifying Fees
| Office | Qualifying Fee |
| Governor | $ 2,257.90 |
| Lt. Governor | $ 1,300.00 |
| United States Senator | $ 3,480.00 |
| United States Representative | $ 3,480.00 |
| Attorney General | $ 3,274.87 |
| State Senator | $ 1,000.00 |
| State Representative | $ 1,000.00 |
| Supreme Court Justice | $ 3,200.05 |
| Court of Civil Appeals Judge | $ 3,180.05 |
| Court of Criminal Appeals Judge | $ 3,180.05 |
| Secretary of State | $ 1,591.59 |
| State Treasurer | $ 1,591.59 |
| State Auditor | $ 1,591.59 |
| Commissioner of Agriculture and Industries | $ 1,580.52 |
| Public Service Commission Place I & II | $ 1,931.82 |
| State Board of Education | $ 500.00 |
| Circuit Court Judge | $ 2,396.97 |
| District Attorney | $ 2,779.34 |
| District Court Judge | $ 2,378.97 |
| State Democratic Executive Committee | $ 50.00 |
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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:
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Q. Do I need to file a copy of my Statement of Economic Interests (Ethics) form with the ADP when qualifying?
A. Yes, you will file your ethics form, if you have not done so already, simultaneously when qualifying with the Party. No, if you have already filed it, or have one on file with the Alabma Ethics Commission as a current municpal, county or state employee or elected official.
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. There is a Party bylaw, which predated the Fair Campaign Practices Act (FCPA), that says candidates must file a list of contributors of $100 or more with the state chair. However, with the adoption of the FCPA, candidates are now mandated by law to file public disclosure reports on a set schedule with the Secretary of State.
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, in fact you can run for County and State Committee, and for one public office, the reason being that committee positions are non-renumeral or non-paid party 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 elective office or for party office, unless that employee resigns. One should research the Hatch Act for more information or for clarification.
There are many resources available to candidates. For starters, a candidates manual is a good place to begin. Click here to view just one of many candidate manuals available. This one happens to be online, but their are others available from bookstores. We will update this page with more suggested reading in the future.
VOTER FILES: By far the most beneficial and cost effective resource for a candidate is the voter registration database (aka the voter file). How can a candidate run an effective campaign when he or she doesn't know the audience to which they are speaking? The state party has been maintaining an up to date list of registered voters in the state for decades, and the sophistication of this list has grown exponentially. Contact the state party's voter file manager here for more information about list rental and access. We cannot stress enough how important this resource is to your victory.
