A. Electronic filing guarantees the fastest possible access to campaign finance information. In the ultimate electronic filing system, where filers will transmit reports by modem and Internet disclosure will be available, the public should be able to access individual reports very soon after filing. Where reports are filed by disk, the public should still have access to reports within hours of filing, because uploading a properly formatted report to the agency's public disclosure system should also be extremely rapid. The public may have to wait a few days to perhaps a few weeks for disclosure data bases containing complete information on every filer, as data from paper filers' reports will have to be keyed in before databases are made public. Electronic access to individual candidate or committee reports, however, will not be delayed.

Q. Should a jurisdiction with electronic filing continue to require paper reports to be filed?

A. No. In order to have hard copies to fall back on in case of unforeseen problems, a disclosure agency might consider requiring paper in addition to electronic reports the first time it receives reports electronically. Otherwise, paper copies of electronically filed reports should be eliminated. The drawbacks that stem from the filing of paper copies along with electronic reports include the demands on storage space and problems resulting from the variations that inevitably arise between the paper and the electronic reports. Should a user need a paper copy of an electronically filed report, one can easily be printed.

Q. How can the agency be certain that electronically filed reports are secure?

A. New Mexico, which accepts filing by modem, has a built-in security feature in its filing software. David Harrell, Ethics Administrator in New Mexico's Office of Secretary of State, feels confident that the software, which New Mexico was able to acquire free off the Internet, provides adequate security. Filers are able to easily "encrypt" their data prior to filing, and only the agency has the code to decrypt the information upon receipt. Iowa expects to employ a similar encryption process.

In New York City, electronic filings currently are accompanied by paper reports, providing the agency and the filer with a simple mechanism to cross-check the electronic data to confirm that it has not been altered since filing. Because New York hopes to eliminate the paper filings, the Campaign Finance Board is developing a method by which its filing software will prepare a control sheet that generates figures such as total contributions, expenditures, and number of transactions that can be checked against the detailed reporting information for security purposes.

Q. How can the agency get legally recognized filer signatures to certify an electronically filed report?

A.The elimination of paper reports means that agencies must find another method for obtaining the signed verification of campaign finance disclosure reports. There are two options that can be used to satisfy the signature requirement. The most straight forward, used in New Mexico and being considered in New York City, has the candidate or the treasurer sign and file a one-page document attesting to the veracity of the electronic report. The New Mexico Campaign Reporting Act calls for an "independent affidavit" to be signed and "delivered to the secretary of state within forty-eight hours after the report is electronically filed."¹ New York City is considering having its electronic filing software generate a control page that would be certified and submitted with the diskette.

A more technical approach to satisfying signature requirements on electronic reports is being developed in Iowa, where modem filing is planned. The Ethics and Campaign Disclosure Board plans to provide filers with the ability to "sign" their electronic reports using a "digitized signature." When a filer receives her filing software from the Board, she will sign a document authorizing the use of her electronic signature on disclosure reports. She will be provided with a key known only to her which will place the digital signature on the report. The Board will have the key to decode the signature upon receipt of the report. In 1995 the Iowa legislature modified the reporting statute to permit the use of signature codes for electronic filing.

Q. Will providing technical support for electronic filers be a burden to the staff at the disclosure agency?

A. Most agencies that have implemented electronic filing have not experienced a substantial burden giving technical assistance to filers. New York City probably provides the most extensive support of any agency, including a "help line" that filers can call 24 hours a day prior to filing deadlines. Because the majority of the staff can answer filers' questions and the number of candidates is limited, calls can be returned within a few hours. New Mexico has not had to provide technical support to its candidates, although filers are free to call the office with any questions.

Hawaii is using an outside vendor to implement its electronic filing program. The vendor will provide an "800 number" for filers to call with their questions through the 1996 election. After that, candidates will have the option of paying $99 per election for technical support.



1. New Mexico Campaign Reporting Act § 1-19-31(B).