A political committee that is not participating in an election may file a Statement of Non-Participation in lieu of a Pre-Election Report.

“Not participating” means the committee has not spent more than $500 supporting or opposing (i) a candidate or candidates, (ii) a public question or questions, or (iii) a candidate or candidates and a public question or questions on the ballot. This includes expenditures for any form of communication that mentions the name of a candidate or party 60 days before a general election or 30 days before a primary election.

Committees organized to support or oppose a candidate or question of public policy on the ballot cannot file a Statement of Non-Participation for that election – they must always file a Pre-Election Report, unless the election in question is a General Primary Election.

No Pre-Election Report or Statement of Non-Participation is required in connection with a General Primary Election.

A Statement of Non-Participation must be filed according to the Pre-Election schedule, but does not require the political committee to disclose any financial activity. A political committee would only be required to mark on the form D-2: (a) Non-Participation, indicating the election date; (b) the name and mailing address of the political committee; and, (c) the signature of the treasurer or candidate.

If a Statement of Non-Participation is filed and the committee subsequently makes a contribution or contributions exceeding $500 to a candidate or candidates or to support or oppose a proposition or propositions, a Pre-Election Report must be filed within five days, or within 24 hours in the period five days prior to the election.