Attorney General Darrell McGraw issued a statement suggesting a special primary election be held in November to begin the process of filling U.S. Sen. Robert Byrd’s seat despite the fact current law does not allow for it. Byrd, who served in the Senate for more than 50 years, passed away on June 28, 2010. The initial ruling from Secretary of State Natalie Tennant says the election may not be held until November, 2012 because the filing deadline to be a candidate has passed. McGraw says Tennant’s ruling does not give enough weight to the Seventeenth Amendment of the Constitution, which provides for popular election of Senators and only temporary appointments. Under McGraw’s plan, the legislature would actually change the state election code to allow for an election this year under these circumstances. Governor Joe Manchin has indicated he will speak with legislative leadership about changing the election code at the special session scheduled to convene on July 19, 2010.

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Q. My employer makes corporate contributions in California. We have not yet exceeded $10,000 in calendar year 2010. The primary election and special elections are taking place, along with the general election in the fall. If we decide to make contributions, when do we have a late contribution report due?

A. The California “Late Contribution Report” [Form 497], sometimes referred to as the “24-hour report” is due during the 16-day period preceding any election if all of the following criteria are met:

• The contribution is $1,000 or more. This includes non-monetary and in-kind contributions.
• The corporation making the contribution must have already qualified as a major donor, or the contribution made during the 16-day period before the election puts them over the $10,000 threshold and they become a major donor.
• The recipient candidate or ballot committee must appear on the ballot at the election for which the 16-day period applies.
• Contributions to political parties made during the 16-day period are also included.

The filing requirements for Form 497 are:

• The report is due within 24 hours of making the contribution.
• No signature is required.
• The report must be filed electronically with the California Secretary of State, Political Reform Division, and then followed up by paper filing via facsimile to the following:

• California Secretary of State, Political Reform Division
• Los Angeles County Registrar/Recorder
• San Francisco City and County Registrar

If the contribution is non-monetary or in-kind, the contributor must notify the recipient of the value of the contribution within 24 hours of making the contribution. The notice of value does not need to be filed with the state or any of the other filing offices listed above.

There is no standardized form. The notice should be sent to the recipient by personal delivery, fax, or guaranteed overnight delivery.

As a reminder, the late contribution must still be reported on the next major donor report that is due. In 2010, major donor reports are due July 31, 2010, for the period covering January 1 to June 30; and January 31, 2011, for the period covering July 1 to December 31.