Ohio will hold a special primary election to fill the vacancy on the November 8, 2016, general election ballot that was created by the withdrawal of Democratic nominee Corey Foister. The Special Primary will be held September 13, 2016.
Candidate committees involved in this election must follow the reporting schedule posted at https://transition.fec.gov/pages/report_notices/2016/oh08_dem.shtml.
That schedule also applies to PACs and party committees that file on a quarterly basis in 2016 and participate in this election. PACs and party committees that file monthly should continue to file according to their regular filing schedule. Please note that the FEC does not have authority to extend filing deadlines, even when they fall on weekends.
Reports filed electronically must be received and validated by the Commission by 11:59 p.m. Eastern Time on the applicable filing deadline. Electronic filers who instead file on paper or submit an electronic report that does not pass the Commission’s validation program by the filing deadline will be considered nonfilers and may be subject to enforcement actions, including administrative fines.
Timely Filing for Paper Filers
Registered and Certified Mail. Reports sent by registered or certified mail are considered to be filed on the date of their postmark. See 52 U.S.C. § 30104(a)(2)(A)(i), (a)(4)(A)(i) and (a)(5); 11 CFR 104.5(e). Accordingly, pre-election reports sent by registered or certified mail must be postmarked on or before the mailing deadline to be considered timely filed; other reports must be postmarked by the filing deadline. 11 CFR 100.19(b). A committee sending its reports by certified or registered mail should keep its mailing receipt with the U.S. Postal Service (USPS) postmark as proof of mailing because the USPS does not keep complete records of items sent by certified or registered mail. 11 CFR 104.5(i).
Overnight Mail. Reports filed via overnight mail [FN1] will be considered timely filed if the report is received by the delivery service on or before the mailing/filing deadline. A committee sending its reports by Priority Mail or Priority Express Mail, or by an overnight delivery service, should keep its proof of mailing or other means of transmittal of its reports. 52 U.S.C. § 30104(a)(5) and 11 CFR 100.19 and 104.5(e).
Other Means of Filing. Reports sent by other means—including first class mail and courier—must be received by the FEC before the Commission’s close of business on the filing deadline. 11 CFR 100.19 and 104.5(e). (If the deadline falls on a weekend or federal holiday, such filers should plan accordingly and file reports by the close of business on the last business day before the filing deadline.)
48-Hour Contribution Notices
A participating candidate’s principal campaign committee must file a 48-hour notice each time it receives a contribution of $1,000 or more from August 25 through September 10, 2016, for the Special Primary Election.
24- and 48-Hour Reports of Independent Expenditures
Political committees and other persons must file 24-hour reports of independent expenditures that aggregate $1,000 or more from August 25 through September 11, 2016, for the Special Primary. This requirement is in addition to that of filing 48-hour reports of independent expenditures that aggregate $10,000 or more up to and including the 20th day before an election. The 48-hour reporting requirement applies to independent expenditures that aggregate at or above $10,000 prior to August 25, 2016, for the Special Primary.
The 30-day electioneering communications period in connection with the Special Primary Election runs from August 14 through September 13, 2016.
Disclosure of Lobbyist Bundling Activity
Campaign committees, party committees and leadership PACs that are otherwise required to file reports in connection with the special elections must simultaneously file FEC Form 3L if they receive two or more bundled contributions from any lobbyist/registrant or lobbyist/registrant PAC that aggregate in excess of $17,600 during the special election reporting periods. 11 CFR 104.22(a)(5)(v) and (b).
1 “Overnight mail” includes Priority or Express Mail having a delivery confirmation, or an overnight service with which the report is scheduled for next business day delivery and is recorded in the service’s online tracking system.