2A Form CTA - Instruction GuideTEXAS ETHICS COMMISSION
CANDIDATE APPOINTMENT OF A CAMPAIGN TREASURER
BY A
FORM CTA - INSTRUCTION GUIDE
Revised July 14, 2010
Texas Ethics Commission, P.O. Box 12070, Austin, Texas 78711
(51 2)463-5800 FAX (512) 463 -5777 TDD 1- 800 - 735 -2989
Visit us at http: / /Www.ethics.state.tx.us on the Internet.
AN EQUAL OPPORTUNITY EMPLOYER
The Texas Ethics Commission does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment or the provision of services.
GENERAL INSTRUCTIONS
Duties ofo Candidate oz Officeholder ............................................................................................. l
Qualifications of Campaign Treasurer ............................................................................................. l
Duties ofa Campaign Treasurer ...................................................................................................... )
Requirement to File Before Beginning a Campaign ------------------------1
Where &a File nCampaign Treasurer Appointment ------------------------.2
Filing With oDifferent Authority ---------------------------------.3
Forming /\ Political Committee ....................................................................................................... 3
Changing a Campaign Trennurer---------------------------------.. 4
Amending u Campaign Treasurer Appointment --------------------------4
Reporting Requirement for Certain Officeholders ------------------------..4
Terminat' o Campaign Treasurer Appointment ------------------------..'4
Filing uFinal Report ---------------------------------------'/4
ElectronicFiling .............................................................................................................................. 5
Guides.............................................................................................................................................. 5
SPECIFIC INSTRUCTIONS
Pagel ............................................................................................................................................... 5
Page2 ............................................................................................................................................... 6
Form CTA— Instruction Guide
APPOINTMENT OF A CAMPAIGN TREASURER
BY A CANDIDATE
GENERAL INSTRUCTIONS
These instructions are for the APPOINTMENT OF CAMPAIGN TREASURER BYA CANDIDATE (Form
CTA). Use Form CTA only for appointing your campaign treasurer. Use the AMENDMENT (Form ACTA)
for changing information previously reported on Form CTA andfor renewingyour choice to report under the
modified schedule. Note: Candidates for most judicial offices use Form .ICTA to file a campaign treasurer
appointment.
DUTIES OF A CANDIDATE OR OFFICEHOLDER. As a candidate or officeholder, you alone,
not the campaign treasurer, are responsible for filing this form and all candidate /officeholder reports
of contributions, expenditures, and loans. Failing to file a report on time or filing an incomplete
report may subject you to criminal or civil penalties.
QUALIFICATIONS OF CAMPAIGN TREASURER. A person is ineligible for appointment as a
campaign treasurer if the person is the campaign treasurer of a political committee that has
outstanding filing obligations (including outstanding penalties). This prohibition does not apply if
the committee in connection with which the ineligibility arose has not accepted more than $5,000 in
political contributions or made more than $5,000 in political expenditures in any semiannual
reporting period. A person who violates this prohibition is liable for a civil penalty not to exceed
three times the amount of political contributions accepted or political expenditures made in violation
of this provision. Note: A candidate may appoint himself or herself as his or her own campaign
treasurer.
DUTIES OF A CAMPAIGN TREASURER. State law does not impose any obligations on a
candidate's campaign treasurer.
REQUIREMENT TO FILE BEFORE BEGINNING A CAMPAIGN. If you plan to run for a
public office in Texas (except for a federal office), you must file this form when you become a
candidate even if you do not intend to accept campaign contributions or make campaign
expenditures. A "candidate" is a person who knowingly and willingly takes affirmative action for
the purpose of gaining nomination or election to public office or for the purpose of satisfying
financial obligations incurred by the person in connection with the campaign for nomination or
election. Examples of affirmative action include:
(A) the filing of a campaign treasurer appointment, except that the filing does not constitute
candidacy or an announcement of candidacy for purposes of the automatic resignation
provisions of Article XVI, Section 65, or Article XI, Section 11, of the Texas
Constitution;
(B) the filing of an application for a place on the ballot;
(C) the filing of an application for nomination by convention;
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Form CTA - Instruction Guide
(D) the filing of a declaration of intent to become an independent candidate or a declaration
of write -in candidacy;
(E) the making of a public announcement of a definite intent to run for public office in a
particular election, regardless of whether the specific office is mentioned in the
announcement;
(F) before a public announcement of intent, the making of a statement of definite intent to
run for public office and the soliciting of support by letter or other mode of
communication;
(G) the soliciting or accepting of a campaign contribution or the making of a campaign .
expenditure; and
(H) the seeking of the nomination of an executive committee of a political party to fill a
vacancy.
Additionally, the law provides that you must file this form before you may accept a campaign
contribution or make or authorize a campaign expenditure, including an expenditure from your
personal funds. A filing fee paid to a filing authority to qualify for a place on a ballot is a campaign
expenditure that may not be made before filing a campaign treasurer appointment form with the
proper filing authority.
If you are an officeholder, you may make officeholder expenditures and accept officeholder
contributions without having a campaign treasurer appointment on file. If you do not have a
campaign treasurer appointment on file and you wish to accept campaign contributions or make
campaign expenditures in connection with your office or for a different office, you must file this
form before doing so. In such a case, a sworn report of contributions, expenditures, and loans will
be due no later than the 15th day after filing this form.
WHERE TO FILE A CAMPAIGN TREASURER APPOINTMENT. The appropriate filing
authority depends on the office sought or held.
a. Texas Ethics Commission. The Texas Ethics Commission is the appropriate filing authority
for the Secretary of State and for candidates for or holders of the following offices:
• Governor, Lieutenant Governor, Attorney General, Comptroller, Treasurer, Land
Commissioner, Agriculture Commissioner, Railroad Commissioner.
• State Senator or State Representative.
• Supreme Court Justice, Court of Criminal. Appeals Judge, and Court of Appeals
Judge. *
• State Board of Education.
• A multi - county district judge* or multi- county district attorney.
• A single- county district judge.*
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Form CTA— Instruction Guide
• An office of a political subdivision other than a county if the political subdivision
includes areas in more than one county and if the governing body of the political
subdivision has not been formed.
• A chair of the state executive committee of a political party with a nominee on the
ballot in the most recent gubernatorial election.
• A county chair of a political party with a nominee on the ballot in the most recent
gubernatorial election if the county has a population of 350,000 or more.
* Judicial candidates use FORM JCTA to appoint a campaign treasurer.
b. County Clerk. The county clerk (or the county elections administrator or tax assessor, as
applicable) is the appropriate local filing authority for a candidate for:
• A county office.
• A precinct office.
• A district office (except for multi- county district offices).
• An office of a political subdivision other than a county if the political subdivision is
within the boundaries of a single county and if the governing body of the political
subdivision has not been formed.
c. Local Filing Authority. If a candidate is seeking an office of a political subdivision other
than a county, the appropriate filing authority is the clerk or secretary of the governing body
of the political subdivision. If the political subdivision has no clerk or secretary, the
appropriate filing authority is the governing body's presiding officer. Basically, any political
subdivision that is authorized by the laws of this state to hold an election is considered a local
filing authority. Examples are cities, school districts, and municipal utility districts.
FILING WITH A DIFFERENT AUTHORITY. If you have a campaign treasurer appointment on
file with one authority, and you wish to accept campaign contributions or make or authorize
campaign expenditures in connection with another office that would require filing with a different
authority, you must file a new campaign treasurer appointment and a copy of your old campaign
treasurer appointment (certified by the old authority) with the new filing authority before beginning
your campaign. You should also provide written notice to the original filing authority that your
future reports will be filed with another authority.
FORMING A POLITICAL COMMITTEE. As a candidate, you must file an APPOINTMENT OF A
CAMPAIGN TREASURER BY A CANDIDATE (FORM CTA). You may also form a specific - purpose
committee to support your candidacy. Remember that filing a campaign treasurer appointment for a
political committee does not eliminate the requirement that a candidate file his or her own campaign
treasurer appointment (FORM CTA) and the related reports.
NOTE: See the Campaign Finance Guide for Political Committees for further information about
specific purpose committees.
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CHANGING A CAMPAIGN TREASURER. If you wish to change your campaign treasurer,
simply file an amended campaign treasurer appointment (FORM ACTA). This will automatically
terminate the outgoing campaign treasurer appointment.
AMENDING A CAMPAIGN TREASURER APPOINTMENT. If any of the information
reported on the campaign treasurer appointment (FORM CTA) changes, file an AMENDMENT:
APPOINTMENT OF A CAMPAIGN TREASURER BY A CANDIDATE (FORM ACTA) to report the change.
REPORTING REQUIREMENT FOR CERTAIN OFFICEHOLDERS. If you are an
officeholder who appoints a campaign treasurer after a period of not having one, you must file a
report of contributions, expenditures, and loans no later than the 15th day after your appointment is
effective. This requirement is not applicable if you are a candidate or an officeholder who is merely
changing campaign treasurers.
TERMINATING A CAMPAIGN TREASURER APPOINTMENT. You may terminate your
campaign treasurer appointment at any time by:
1) filing a campaign treasurer appointment for a successor campaign treasurer, or
2) filing a final report.
Remember that you may not accept any campaign contributions or make or authorize any campaign
expenditures without a campaign treasurer appointment on file. You may, however, accept
officeholder contributions and make or authorize officeholder expenditures.
If your campaign treasurer quits, he or she must give written notice to both you and your filing
authority. The termination will be effective on the date you receive the notice or on the date your
filing authority receives the notice, whichever is later.
FILING A FINAL REPORT. For filing purposes, you are a "candidate" as long as you have an
appointment of campaign treasurer on file. If you do not expect to accept any further campaign
contributions or to make any further campaign expenditures, you may file a final report of
contributions and expenditures. A final report terminates your appointment of campaign treasurer
and relieves you of the obligation of filing further reports as a candidate. If you have surplus funds,
or if you retain assets purchased with political funds, you will be required to file annual reports. (See
instructions for Fort C /OIL- UC.) If you are an officeholder at the time of filing a final report,
you may be required to file semiannual reports of contributions, expenditures, and loans as an
officeholder.
If you do not have an appointment of campaign treasurer on file, you may not accept campaign
contributions or make campaign expenditures. A payment on a campaign debt is a campaign
expenditure. An officeholder who does not have an appointment of campaign treasurer on file may
accept of contributions and make of expenditures.
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Form CTA— Instruction Guide
To file a final report, you must complete the CANDIDATE /OFFICEHOLDER CAMPAIGN FINANCE
REPORT (FORM C /OH), check the "final" box on Page 1, Section 9, and complete and attach the
DESIGNATION OF FINAL REPORT (FORM C /OH -FR).
ELECTRONIC FILING. All persons filing campaign finance reports with the Texas Ethics
Commission are required to file those reports electronically unless the person is entitled to claim an
exemption. Please check the Ethics Commission's website at http: / /www. ethics. state. tx. us for
information about exemptions from the electronic filing requirements.
GUIDES. All candidates should review the applicable Ethics Commission's campaign finance
guide. Guides are available on the Ethics Commission's website at http: / /www. ethics. state. tx.us.
SPECIFIC INSTRUCTIONS
Each numbered item in these instructions corresponds to the same numbered item on the form.
PAGE 1
1. TOTAL PAGES FILED: After you have completed the form, enter the total number of pages
of this form and any additional pages. A "page" is one side of a two -sided form. If you are not
using a two -sided form, a "page" is a single sheet.
2. CANDIDATE NAME: Enter your full name, including nicknames and suffixes (e.g., Sr., Jr.,
III), if applicable. Enter your name in the same way on Page 2, Section 11, of this form.
3. CANDIDATE MAILING ADDRESS: Enter your complete mailing address, including zip
code. This information will allow your filing authority to correspond with you. If this
information changes, please notify your filing authority immediately.
4. CANDIDATE PHONE: Enter your phone number, including the area code and extension, if
applicable.
5. OFFICE HELD: If you are an officeholder, please enter the office you currently hold. Include
the district, precinct, or other designation for the office, if applicable.
6. OFFICE SOUGHT: If you are a candidate, please enter the office you seek, if known. Include
the district, precinct, or other designation for the office, if applicable.
7. CAMPAIGN TREASURER NAME: Enter the full name of your campaign treasurer,
including nicknames and suffixes (e.g., Sr., Jr., III), if applicable.
8. CAMPAIGN TREASURER STREET ADDRESS: Enter the complete street address of your
campaign treasurer, including the zip code. You may enter either the treasurer's business or
residential street address. If you are your own treasurer, you may enter either your business or
residential street address. Please do not enter a P.O. Box.
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Form CTA - Instruction Guide
9. CAMPAIGN TREASURER PHONE: Enter the phone number of your campaign treasurer,
including the area code and extension, if applicable.
10. CANDIDATE SIGNATURE: Enter your signature after reading the summary. Your signature
here indicates that you have read the following summary of the nepotism law; that you are aware
of your responsibility to file timely reports; and that you are aware of the restrictions on
contributions from corporations and labor organizations.
• The Texas nepotism law (Government Code, chapter 573) imposes certain restrictions
on both officeholders and candidates. You should consult the statute in regard to the
restrictions applicable to officeholders.
• A candidate may not take an affirmative action to influence an employee of the office
to which the candidate seeks election in regard to the appointment, confirmation,
employment or employment conditions of an individual who is related to the
candidate within a prohibited degree.
• A candidate for a multi- member governmental body may not take an affirmative
action to influence an officer or employee of the governmental body to which the
candidate seeks election in regard to the appointment, confirmation, or employment of
an individual related to the candidate in a prohibited degree.
• Two people are related within a prohibited degree if they are related within the third
degree by consanguinity (blood) or the second degree by affinity (marriage). The
degree of consanguinity is determined by the number of generations that separate
them. If neither is descended from the other, the degree of consanguinity is
determined by adding the number of generations that each is separated from a
common ancestor. Examples: (1) first degree - parent to child; (2) second degree -
grandparent to grandchild; or brother to sister; (3) third degree - great - grandparent to
great- grandchild; or aunt to niece who is child of individual's brother or sister. A
husband and wife are related in the first degree by affinity. A wife has the same
degree of relationship by affinity to her husband's relatives as her husband has by
consanguinity. For example, a wife is related to her husband's grandmother in the
second degree by affinity.
PAGE 2
11. CANDIDATE NAME: Enter your name as you did on Page 1.
12. MODIFIED REPORTING DECLARATION: Sign this option if you wish to report under the
modified reporting schedule.
The modified reporting option is not available for candidates for the office of state chair of a
political party.
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Form CTA— Instruction Guide
To the left of your signature, enter the year of the election or election cycle to which your selection
of modified reporting applies.
Your selection of modified reporting is valid for an entire election cycle. For example, if you choose
modified reporting before a primary election, your selection remains in effect for any runoff and for
the general election and any related runoff. You must make this selection at least 30 days before the
first election to which your selection applies.
An opposed candidate in an election is eligible to report under the modified reporting schedule if he
or she does not intend to accept more than $500 in political contributions or make more than $500 in
political expenditures in connection with an election. The amount of a filing fee paid to qualify for a
place on the ballot does not count against the $500 expenditure limit. An opposed candidate who
reports under the modified schedule is not required to file pre - election reports (due 30 days and 8
days before an election) or runoff reports (due 8 days before a runoff). (Note: An unopposed
candidate is not required to file pre - election reports in the first place.) The obligations to file
semiannual reports, special pre - election reports (formerly known as telegram reports), or special
session reports, if applicable, are not affected by selecting the modified schedule.
The $500 maximums apply to each election within the cycle. In other words, you are limited to
$500 in contributions and expenditures in connection with the primary, an additional $500 in
contributions and expenditures in connection with the general election, and an additional $500 in
contributions and expenditures in connection with a runoff.
EXCEEDING $500 IN CONTRIBUTIONS OR EXPENDITURES. If you exceed $500 in
contributions or expenditures in connection with an election, you must file according to the regular
filing schedule. In other words, you must file pre - election reports and a runoff report, if you are in a
runoff.
If you exceed either of the $500 limits after the 30th day before the election, you must file a sworn
report of contributions and expenditures within 48 hours after exceeding the limit. After that, you
must file any pre- election reports or runoff reports that are due under the regular filing schedule.
Your selection is not valid for other elections or election cycles. Use the amendment form (ACTA)
to renew your option to file under the modified schedule for a different election year or election
cycle.
For more information, see the Ethics Commission's campaign finance guide that applies to you.
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