INDIVIDUAL AND CORPORATE CONTRIBUTIONS TO CANDIDATES

Individual and corporate contributions to candidates vary widely by state and elective office. Montana’s individual limit of $ 100 to legislative races is the lowest and states such as Illinois and New Mexico have the potential to be among the highest because they do not cap individual or corporate limits. Several states, including Connecticut, prohibit direct corporate contributions and only allow businesses to make contributions through a political action committee (PAC) using a separate, segregated account. Table 1 shows the limits on individual and corporate contributions to candidates by state.

As a general rule, registered lobbyists and contractors are bound by the same limits on campaign contributions as individuals or corporations. Client or principal lobbyists and incorporated contractors are subject to the limit on corporate contributions, while communicator lobbyists and unincorporated contractors are subject to the limits for individuals. Connecticut uses the term “client” while other states use “principal” to refer to lobbyists who employ others (communicators) to lobby for them, while communicator lobbyists do so on behalf of one or more client lobbyists. In Connecticut, both must register once every two years with the Office of State Ethics. Massachusetts appears to be the only state that sets a contribution limit for lobbyists that differs from that of other individuals.

Many states, including Connecticut, ban lobbyists’ contributions to legislative and sometimes statewide candidates when the legislature is in session. With some exceptions, four states, Alaska, California, Kentucky, and South Carolina ban lobbyists contributions at any time. Table 2 shows the the states that ban lobbyists’ contributions.

At least five states, Kentucky, New Jersey, Ohio, South Carolina, and West Virginia, ban or restrict contractor contributions. These anti “pay to play” provisions are also gaining popularity in municipalities. Table 3 shows the states that ban contractor contributions.

States

Individuals to Candidates

Corporations to Candidates

Colorado

Constitution Art. XXVIII

$ 500/gubernatorial candidate

$ 500/other statewide candidate

$ 200/legislative candidate

Amounts per election^a

Prohibited^c

Connecticut

§ 9-333m to v

$ 2,500/gubernatorial candidate

$ 500/senate candidate

$ 250/house candidate

$ 15,000 aggregate/individual to all candidates and committees

All amounts are per election^a

Equal to twice the individual amounts per candidate^c

$ 100,000 aggregate limit

All amounts per election^a

Delaware

§ 15-8010 to 8013

$ 1,200/statewide candidate

$ 600/other candidate

All amounts per election cycle

Same as individual limits

Florida

§ 106. 08

$ 500/candidate/per election^a

Same as individual limits

Georgia

§ 21-5-41 to 43

Statewide candidates:

$ 5,000/primary election

$ 3,000/primary run-off

$ 5,000/general election

$ 3,000/general run-off

Legislative candidates:

$ 2,000/primary election

$ 1,000/primary run-off

$ 2,000/general election

$ 1,000/general run-off

All amounts per election cycle

Same as individual limits

Hawaii

§ 11-200 to 207

$ 6,000/statewide candidate

$ 4,000/senate candidate

$ 2,000/house candidate

All amounts are per election cycle

Same as individual limits

Idaho

§ 67-6610A

$ 5,000/statewide candidate

$ 1,000/legislative candidate

Amounts are per election^a

Same as individual limits

Illinois

10 ILCS 5/9-1 et seq.

Unlimited

Indiana

§ 3-9-1-1 et seq.

Unlimited

$ 5,000/statewide candidate

$ 2,000/senate candidate

$ 2,000/house candidate

All amounts are per year

Iowa

§ 56. 2 et seq.

Unlimited

Prohibited^c

States

Individuals to Candidates

Corporations to Candidates

Kansas

§ 25-4153

$ 2,000/statewide candidate

$ 1,000/senate candidate

$ 500/house candidate

Amounts are per election cycle

Same as individual limits

Kentucky

§ 121. 150

$ 1,000/candidate/per election^a

Prohibited

Louisiana

§ 18: 1481 to 1532

$ 5,000/statewide candidate

$ 2,500/legislative candidate

Both amounts are per election^a

Same as individual limits

Maine^b

Tit. 21-A, § 1001 to 1128

$ 500/gubernatorial candidate/per election^a

$ 250/other candidate/per election^a

Individuals limited to $ 25,000 aggregate contributions to all campaign finance entities per calendar year.

Same as individual limits

Maryland

Election Law § 13-226

$ 4,000/candidate

$ 10,000 aggregate to all candidates

Both amounts are per four-year election cycle

Same as individual limits

Massachusetts^d

Ch. 55, §§ 7A to 8

$ 500/candidate

$ 12,500/individual aggregate limit on contributions to all candidates

Registered lobbyists may only contribute up to $ 200/candidate

All amounts are per calendar year

Prohibited

Michigan

§ 169. 252

$ 3,400/statewide candidate

$ 1,000/senate candidate

$ 500/house candidate

All amounts are per election cycle

Prohibited^c

Minnesota

§ 10A. 27

Election year limits:

$ 2,000/gubernatorial candidate

$ 500/legislative candidate

Non-election year limits:

$ 500/gubernatorial candidate

$ 100/legislative candidate

All amounts are per calendar year

Prohibited

*States*	*Individuals to Candidates*	*Corporations to Candidates*
Mississippi § 23-15-801 et seq. §79-13-15	Unlimited	$ 1,000/candidate/calendar year
Missouri § 130. 032	$ 1,175/statewide candidate $ 775/senate candidate $ 300/house candidate All amounts are per election^a	Same as individual limits
Montana § 13-37-216	$ 400/gubernatorial slate $ 100/legislative candidate Amounts are per election^a	Prohibited^c
Nebraska § 32-1608	Unlimited	Same as party contribution limits^c
Nevada § 294A. 100	$ 5,000/candidate/per election^a	Same as individual limits
New Hampshire § 664: 4	To candidates not agreeing to abide by spending limits: $ 1,000/per election^a To candidates agreeing to abide by spending limits: $ 5,000/per election^a	Prohibited
New Jersey § 19: 44A-11. 3	$ 2,600/gubernatorial candidate $ 2,200/legislative candidate Both amounts are per election^a	Same as individual limits
New Mexico § 1-19-25 to 36	Unlimited	Unlimited
New York Election Law, § 14-114	Gubernatorial Candidates: Primary – Product of number of enrolled voters in candidate’s party in state x $ . 005, but not less than $ 5,400 or more than $ 16,200 General – $ 33,900 Legislative Candidates: Primary – $ 5,400/senate candidate $ 3,400/house candidate General – $ 8,500/senate candidate $ 3,400/house candidate All amounts per calendar year Maximum contributions by individual cannot exceed $ 150,000 in any one year	Same as individual limits, but limited to an aggregate of $ 5,000 per year in aggregate political contributions and expenditures

*States*	*Individuals to Candidates*	*Corporations to Candidates*
North Carolina § 163-278. 6 et seq.	$ 4,000/candidate/per election^a	Prohibited^c
North Dakota § 16. 1-08. 1	Unlimited	Prohibited^c
Ohio §§ 3517. 102 and 3599. 03	$ 2,500/candidate/per election^a	Prohibited^c
Oklahoma 21 OS § 187. 1 et seq. and Ethics Commission Rules §257: 1-1-1 et seq. and §257: 10-1-2 et seq.	$ 5,000/candidate/campaign *This limit applies to an entire family, defined as an individual, his spouse, and all children under 18 living in the same household.	Prohibited^c
Oregon § 260. 160 to 174	Unlimited	Unlimited
Pennsylvania 25 Pa. Stat. §§ 3241 to 3260a	Unlimited	Prohibited^c
Rhode Island § 17-25-10. 1	$ 1,000/candidate or $ 2,000/candidate if candidate qualifies for public funding and agrees to abide by spending limits Both amounts are per calendar year Individuals limited to $ 10,000 in aggregate contributions to candidates, PACs and party committees per year	Prohibited
South Carolina §§ 8-13-1314 to 1316	$ 3,500/statewide candidate $ 1,000/legislative candidate Both amounts are per election^a	Same as individual limits
South Dakota § 12-25-1. 1	$ 1,000/gubernatorial candidate $ 250/legislative candidate Both amounts are per calendar year	Prohibited
Tennessee § 2-10-302	$ 2,500/statewide candidate $ 1,000/legislative candidate Both amounts are per election^a	Prohibited
Texas Election Code, § 253	Unlimited	Prohibited^c
Utah § 20A-11-101	Unlimited	Unlimited
Vermont^e 17 VSA ch. 59	$ 400/gubernatorial candidate $ 300/senate candidate $ 200/house candidate All amounts are per two-year election cycle	Same as individual limits

*States*	*Individuals to Candidates*	*Corporations to Candidates*
Virginia § 24. 2-900 et seq.	Unlimited	Unlimited
Washington RCW § 42. 17. 610 et seq. WAC § 390-05-400	$ 1,250/gubernatorial candidate $ 625/legislative candidate Both amounts are per election^a During the 21 days before the general election, no candidate for legislative office may contribute to his or her own campaign more than $ 5,000 in the aggregate, and no candidate for state executive office may contribute to his or her own campaign more than $ 50,000 in the aggregate.	Prohibited for out-of-state corporations. Same as individual limits for Washington corporations.
West Virginia § 3-8-8 to 12	$ 1,000/candidate/per election^a	Prohibited^c
Wisconsin § 11. 01 et seq.	$ 10,000/statewide candidate $ 1,000/senate candidate $ 500/house candidate Above amounts are per election campaign An individual may not contribute more than $ 10,000 in a calendar year to any combination of Wisconsin candidates or political committees.	Prohibited
Wyoming § 22-25-102	$ 1,000/candidate/per election^a No individual may make more than $ 25,000 in total contributions during a two-year election cycle.	Prohibited

(b) Candidates participating in “Clean Elections” public financing program may not accept contributions after qualifying for public funds. Limits listed are for candidates not participating in public financing program.

(c) Use of treasury funds, dues prohibited. May only make political contributions through a PAC, using funds from a separate, segregated account. Subject to the same limits as any other PAC.

(e) In Massachusetts, candidates who agree to participate in “Clean Elections” public financing may accept private contributions up to an aggregate total not exceeding $ 450,000 for gubernatorial candidates, $ 20,800 for senate candidates, and $ 6,900 for house candidates.

(f) Full public financing is available to qualifying candidates for governor and lieutenant governor. A candidate who wishes to receive public funding may not solicit or accept any private contributions except qualifying contributions.

(g) Any public utility regulated by the Public Service Commission is prohibited from making political contributions.

*States*	*Prohibition*
*Alaska* AS § 15. 13. 074(g)	A registered lobbyist cannot contribute to a legislative candidate while registered and for up to one year thereafter, except he may contribute to the legislative candidate from his district.
*California* Government Code § 85702	A lobbyist cannot contribute to an elected state officer or candidate for elected state office if the lobbyist is registered to lobby the candidate’s or officeholder’s agency.
*Kentucky* KRS §§ 6. 811 and 6. 611	A legislative agent cannot make a campaign contribution to a legislator, a candidate, or his campaign committee. “Legislative agents” are people whose official responsibilities include lobbying or who lobby as a legislative liaison for an association, coalition, or public interest entity formed to promote or otherwise influence legislation.
*South Carolina* SC Code § 2-17-80	A lobbyist cannot offer, solicit, facilitate, or provide contributions on behalf of a legislator, any statewide constitutional officer, or any state agency public official or employee.

States

Prohibition

Kentucky

§ 121. 056

No person or any entity in which they have a substantial interest can be awarded a state contract if (1) the person contributes more than the maximum legal contribution in any one election to candidates for Governor and Lieutenant Governor and (2) the candidates win the election. The ban applies during the term of office following the campaign in which the contributions were made. The ban does not apply to contracts awarded by competitive bidding if the person or entity has the lowest and best bid.

A person has a “substantial interest” if he, a member of his immediate family, or both owns or controls 10% or more of an entity. “Immediate family” means a person’s spouse, parent, or child.

*States*	*Prohibition*
*New Jersey* Executive Orders 134 and 18	Prohibits New Jersey state departments, agencies, and authorities from entering into a contract that exceeds $ 17,500 with an individual or entity that made a political contribution to the governor’s candidate committee or election fund or to any state or county political party committee. The ban does not apply to transportation contracts funded, in whole or in part, by the federal Highway Administration.
*Ohio* § 3517. 13	No state or municipal agency or department can award a contract valued at over $ 500, other than by competitive bidding, to an individual or business if the individual, his spouse, or any business partner, shareholder, administrator, executor, or trustee or his spouse made a contribution of over $ 1,000, in the aggregate, to the awarding authority or his campaign committee within the past two calendar years. The owner of more than 20% of a corporation or business trust cannot be awarded a state or municipal contract valued at over $ 500 if he or his spouse made an individual contribution of the same amount during the same period. The prohibitions do not apply to contracts awarded collectively by a number of statutorily named agencies.
*South Carolina* § 8-13-1342	No person awarded a contract with the state, a county, a municipality, or a political subdivision thereof, other than contracts awarded through competitive bidding practices, may make a contribution after the awarding of the contract or invest in a financial venture in which a public official has an interest if that official was in a position to act on the contract’s award. No public official or public employee may solicit campaign contributions or investments in exchange for the prior award of a contract or the promise of a contract with the state, a county, a municipality, or a political subdivision.
*West Virginia* § 3-8-12	Generally prohibits anyone who bids on or has a public contract at the state or local level from contributing to any political party, committee, or candidate for public office or to anyone for political purposes or use. The ban applies during the period of contract negotiation and performance.


August 2, 2005		2005-R-0605
INDIVIDUAL AND CORPORATE CONTRIBUTIONS TO CANDIDATES

By: Sandra Norman-Eady, Chief Attorney