35: Minor Party Exemption
REQUEST FOR EXEMPTION
Any member, contributor or recipient of expenditures involving a minor
party may request an exemption from the disclosure provisions of this
The requestor shall apply, in writing, to the Director.
INFORMAL HEARING FOR EXEMPTION
Within fifteen (15) days following a request for an exemption, the Director
shall conduct an informal hearing.
To obtain an exemption, the requestor shall show, by a reasonable probability,
that the disclosure of the names of the members, contributors, and recipients
of expenditures shall expose the persons to economic reprisals, harassment,
loss of employment or threat of physical coercion from government officials
or private parties.
Evidence of the type of harm alleged, pursuant to §3501.2, shall
include past or present harassment of members, recipients, or contributors,
due to their associational ties, threats, reprisals or public hostility
toward the minor party, its members, supporters, or individuals representing
PROCEDURES FOR INFORMAL HEARING
Notice of an informal hearing shall be issued in writing at least seven
(7) days prior to the hearing.
In the notice, the requester shall be informed of the following:
authority upon which the hearing is based;
and place of the hearing;
The right to be represented by legal counsel; and
requester’s failure to appear may result in a dismissal of the matter.
The Director shall regulate the course of the informal hearing and the
conduct of the parties and their counsel.
The requester, or counsel for the requester, shall present the requester’s
case and evidence to the Director.
The Director may wait a reasonable period of time for the requester to
appear before beginning the informal hearing.
If the requester fails to appear after a reasonable period of time, pursuant
to §3502.5, the Director shall perform the following:
the informal hearing;
notice, pursuant to §3502.2; and
Serve the alleged violator both by certified and regular mail.
If the requester fails to appear after an informal hearing has been rescheduled,
pursuant to §3502.6, the Director may proceed with the informal hearing,
Provided that the requester has received notice.
Following the conduct of each informal hearing, the Director shall issue
a written order with findings of facts and conclusions of law.
DECISION OF THE DIRECTOR
If the Director denies the request, the minor party shall disclose all
necessary information in accordance with this title.
If the Director approves the request, the minor party shall add the following
sentence on all campaign literature:
of the Director of Campaign Finance, pursuant to 3
DCM.R. Chapter 35
(June 1994, as amended) we are exempt from disclosing the names of the
members, contributors and recipients of expenditures to protect our First
Nothing in this chapter shall preclude the Director from conducting an
investigation for violations of this title, other than those disclosure
requirements exempted pursuant to this chapter.
REVIEW BY THE BOARD OF ELECTIONS AND ETHICS
Any party adversely affected by any order of the Director may obtain review
of the order by filing, with the Board of Elections and Ethics, a request
for a hearing de novo.
The request, pursuant to §3504.1, shall be filed in the following
fifteen (15) days from the issuance by the Director of an order; and
accordance with chapter 4 of this title.