4 Neb. Admin. Code, ch. 10, § 006

Current through September 17, 2024

Section 4-10-006 - Record Keeping Requirements, All Committees

Each committee shall designate one account in a financial institution in Nebraska as the official depository for the purpose of depositing all contributions which it receives in the form of or which are converted to money, checks, or other negotiable instruments and for the purpose of making all expenditures. No expenditure shall be made by a committee without the authorization of the treasurer or the assistant treasurer. The contributions received or expenditures made by a candidate or an agent of a candidate shall be considered received or made by the candidate committee. (Ref. § 49-1446 )

The treasurer of each committee shall maintain detailed records of all contributions or other receipts and all expenditures, including all bank statements, deposit slips, cancelled checks, receipts, bills, invoices, and other written records to document the following:

01. The name and address of each contributor, the amount of each contribution, the date of receipt of each contribution, and the cumulative amount contributed by each contributor for the election period or annual reporting period. Contributions received from a political committee must include the full name of the committee's treasurer.

01A. Cash contributions of fifty dollars ($50) or less received as the result of a fund raising event pursuant to the provisions of § 49-1472(2) need not include the name and address of the contributor.

01B. Contributions received by an individual acting in behalf of the committee shall be reported promptly to the committee's treasurer not later than five (5) days before the closing date of any Campaign Statement required to be filed by the committee. (§ 49-1446(5) )

01Bi. If the contribution is received less than five (5) days before the closing date, the contribution shall be reported to the committee treasurer immediately. (§ 49-1446(5) )

01Bii. A contribution shall be considered received by a committee when the contribution is received by the committee treasurer or a designated agent of the committee treasurer notwithstanding the fact that the contribution is not deposited in the official depository by the reporting deadline. (§ 49-1446(6) )

01Biii. Contributions received by a committee shall not be commingled with any funds of an agent of the committee or any other person except for funds received or disbursed by a separate segregated political fund for the purpose of supporting or opposing candidates and committees in elections in states other than Nebraska and candidates for federal office as provided in § 49-1469.06. (§ 49-1446(7) )

01C. Contributions which are in-kind must include the value and a description of the thing of value provided.

01D. Earmarked contributions received pursuant to the provisions of § 49-1479.01 must include the full name and address of the actual contributor of the funds and of the intermediary or agent.

01E. Pledges must include and the name and address of the person making the pledge, the date the pledge was made, the amount of the pledge, and the date the pledge is expected to be paid.

02. The name and address of each person making a loan to the committee, the date and the amount of the loan, and the name and address of any guarantor of the loan.

02A. Records shall be maintained by the treasurer as to the repayment of the loan, including the amount and date of each payment on the loan.

02B. The treasurer shall maintain a copy of the check, money order or other written instrument by which any loan repayment is made.

03. The full name and street address of each payee, the date of each expenditure, and a description of the goods or services for which the expenditure was made.

03A. If the person providing the consideration for which any expenditure is made is other than the payee, the full name and street address of that person shall also be recorded.

03B. If expenditures are made to an agent or independent contractor and the agent or contractor makes expenditures on behalf of the committee, a detailed record of such expenditures shall be obtained and kept with other committee records.

03C. Records maintained of expenditures shall include all bank statements issued by the financial institution in which the account is located and all cancelled checks.

03Ci. In the event that the financial institution normally provides only photocopies of cancelled checks, the photocopies of the cancelled checks shall be maintained by the treasurer.

03Cii. In the event that the financial institution does not normally provide either cancelled checks or photocopies of cancelled checks except on request and/or for a charge, the treasurer need not maintain copies of the checks, but shall secure copies of the checks at the committee's own expense if so requested by the Commission.

03Ciii. A check register, log, or ledger of the checks issued on the official depository shall be maintained by the treasurer.

03Civ. A ledger or other record of the name and address of each payee from the official depository, including the amount paid, the date paid, and a description of the goods or services provided, shall be maintained by the treasurer.

03Cv. Invoices, bills and cash register receipts shall be maintained by the treasurer for all expenditures.

04. All candidate committee and ballot question committee records shall be kept for a period of five (5) years after dissolution of the committee. All committee records, except those of candidate committees and ballot question committees, shall be kept for a period of ten (10) years after the date the record was created or for a period of five (5) years after the dissolution of the committee, whichever is sooner.

4 Neb. Admin. Code, ch. 10, § 006

Amended effective 12/9/2015.