(1) The Agency shall enter or cause to be entered information from required disclosure reports into a campaign finance database.

COMMENT: Because the disclosure database is crucial for public access and enforcement, its creation should be made mandatory by legislation. Additionally, sufficient funds should be provided to the agency so that it is able to fulfill this mandate. A disclosure database should be complete within days after the disclosure reports are filed if the information is downloaded from electronically filed reports. Even if data is entered by hand, the agency should be given the necessary resources to enter the data quickly in-house or using an outside vendor.

§ 200 REPORT AND FILING REQUIREMENTS

(1) Reports shall be filed on a format specified by the Agency.

(2) By January 1, 19XX, reports, except for those submitted under subdivision (3), must be filed via computer diskette, modem, or other means of electronic transfer, using either software designated by the agency or software that meets agency specifications for a standard file format.

(3) Committees that receive less than [§X,XXX] in contributions or make less than [§X,XXX] in expenditures may file reports with the agency that are:

(A) Filed via computer diskette, modem or other means of electronic transfer, using either software designated by the agency or software that meets agency specifications for a standard file format;

(B) Typed or printed in black ink on forms supplied by the Agency, or on legible direct reproductions of the forms.

(C) Reports generated on computer must be submitted in an electronic format, as provided in subdivision (2).

COMMENT: The date by which candidates will be required to file electronically should be established by taking into account that the disclosure agency will need the time to develop a comprehensive electronic filing system. Prior to the implementation of mandatory electronic filing, committees should be encouraged to voluntarily file electronically, to prepare the agency and the filers for the mandatory system. Additionally, the threshold for electronic filing will vary from state to state, but it should be set so as to require the majority of filers to file electronically without burdening small committees. Finally, any committee that uses a computer to generate its disclosure report must submit that report electronically, even if it does not meet the threshold for financial activity.

§ 300 PUBLIC ACCESS TO REPORTS

(1) A report filed on paper or electronically must be made available for public inspection and copying at the office of the Agency no later than two (2) business days after receipt.

(2) The Agency shall not require the viewer to provide any information or identification as a condition of viewing a report or reports.

(3) The Agency shall ensure that the reports are available for paper or electronic copying at a reasonable cost.

(4) The Agency shall keep the reports for a period of 10 years from the date of receipt.

(5) The Agency shall:

(A) Compile and maintain separate cumulative indices of candidate and noncandidate reports filed under this Act, which shall be published at regular intervals and made available for purchase directly or by mail;

(B) Produce and distribute at no charge a general index explaining the types and location of records that are available for public use.

(6) The Agency shall prepare and publish periodically lists of authorized committees which fail to file reports as required by this Act.

(7) The Agency shall, at a reasonable cost, make campaign finance information from reports filed with the agency available to the public by electronic means, including:

(A) providing access to a computer terminal in the agency;

(B) providing the data on a floppy disk, available for purchase at a reasonable cost; and

(C) providing modem access to the data.

(8) The agency shall produce and publish summary reports on an annual basis.

COMMENT: The provisions above foster increased public access to campaign finance information by expanding public access guarantees. Subsections (7) and (8) particularly, place an affirmative duty on the agency to put the campaign finance information in a user-friendly format, ensuring that if computerized data is available to the agency, it is also available to the public.