| (a) A corrected/amended 8-day pre-election report substantially
complies with the applicable law and will not be assessed a late fine
under §18.9 of this title (relating to Corrected/Amended Reports)
if:
(1) The original report was filed in good faith and
the corrected/amended report was filed not later than the 14th business
day after the date the filer learned of the errors or omissions; and
(2) The only corrections/amendments needed were to
correct the following types of errors or omissions:
(A) a technical, clerical, or de
minimis error, including a typographical error, that is not
misleading and does not substantially affect disclosure;
(B) an error in or omission of information that is
solely required for the commission's administrative purposes, including
a report type or filer identification number;
(C) an error that is minor in context and that, upon
correction/amendment, does not result in changed monetary amounts
or activity disclosed, including a descriptive change or a change
to the period covered by the report;
(D) one or more errors in disclosing contributions
that, in total:
(i) do not exceed $3,000; or
(ii) do not exceed the lesser of 10% of the total contributions
on the corrected/amended report or $10,000;
(E) one or more errors in disclosing expenditures that,
in total:
(i) do not exceed $3,000; or
(ii) do not exceed the lesser of 10% of the total expenditures
on the corrected/amended report or $10,000;
(F) one or more errors in disclosing loans that, in
total:
(i) do not exceed $3,000; or
(ii) do not exceed the lesser of 10% of the amount
originally disclosed or $10,000; or
(G) an error in the amount of total contributions maintained
that:
(i) does not exceed $3,000; or
(ii) does not exceed the lesser of 10% of the amount
originally disclosed or $10,000.
(H) The only correction/amendment by a candidate or
officeholder was to add to or delete from the outstanding loans total
an amount of loans made from personal funds;
(I) The only correction/amendment by a political committee
was to add the name of each candidate supported or opposed by the
committee, when each name was originally disclosed on the appropriate
schedule for disclosing political expenditures;
(J) The only correction/amendment was to disclose the
actual amount of a contribution or expenditure, when:
(i) the amount originally disclosed was an overestimation;
(ii) the difference between the originally disclosed
amount and the actual amount did not vary by more than 10%; and
(iii) the original report clearly included an explanation
of the estimated amount disclosed and the filer's intention to file
a correction/amendment as soon as the actual amount was known; or
(K) The only correction/amendment was to delete a duplicate
entry.
(b) The executive director shall determine whether
an 8-day pre-election report as originally filed substantially complies
with applicable law by applying the criteria provided in this section.
(c) In this section, "8-day pre-election report" means
a report due eight days before an election filed in accordance with
the requirements of §§20.213(d), 20.325(e), or 20.425(d)
of this title (relating to a candidate, a specific-purpose committee,
or a general-purpose committee, respectively) and §§254.064(c),
254.124(c), or 254.154(c) of the Election Code (relating to a candidate,
a specific-purpose committee, or a general-purpose committee, respectively).
|
