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      TEXAS ETHICS COMMISSION

CANDIDATE/OFFICEHOLDER REPORT OF UNEXPENDED CONTRIBUTIONS

FORM C/OH-UC – INSTRUCTION GUIDE

Revised June 30, 2006


GENERAL INSTRUCTIONS

These instructions are for candidates and officeholders using FORM C/OH-UC: CANDIDATE/OFFICEHOLDER REPORT OF UNEXPENDED CONTRIBUTIONS. Use Form C/OH-UC for filing either an annual report of unexpended contributions or a report of the final disposition of unexpended contributions.

ANNUAL REPORT OF UNEXPENDED CONTRIBUTIONS. You must file this report if one of the following descriptions applies to you:

(1) You filed a final report as a candidate at a time when you were not an officeholder and you had unexpended political contributions, interest, assets, or other money earned from political contributions at the time you filed the final report; or

(2) You ceased to be an officeholder at a time when you did not have a campaign treasurer on file, and you had unexpended political contributions, interest, assets, or other money earned from political contributions at the time you ceased to be an officeholder.

You must file an Annual Report not earlier than January 1 and not later than January 15 of the year after each year in which you maintained unexpended contributions or assets. You must complete Form C/OH-UC and designate the report as an Annual Report by checking the "Annual" box.

You must continue to file Annual Reports until you have disposed of all your unexpended contributions or assets. Once you have disposed of all your contributions or assets, you will file a Final Disposition of Unexpended Contributions Report.

You may not retain unexpended contributions or assets longer than six years after the date you filed your final report or ceased being an officeholder, as applicable. If you still maintain unexpended assets at the end of the six-year period, you must dispose of the assets in one of the following ways:

(1) You may give them to the political party with which you were affiliated when your name was last on the ballot.

(2) You may give them to a candidate or a political committee. If you do so, however, you must file a report on Form SPAC as described below under "Extra Reporting for a Contribution to a Candidate or Committee."

(3) You may give them to the comptroller for deposit in the state treasury to be used to finance primary elections.

(4) You may give them to one or more persons from whom you received political contributions, but the total returned to any person may not exceed the aggregate amount accepted from that person during the last two years during which you were accepting political contributions.

(5) You may give them to a recognized charitable organization formed for educational, religious, or scientific purposes that is exempt from taxation under Section 501(c)(3), Internal Revenue Code of 1986, and its subsequent amendments.

(6) You may give them to a public or private post-secondary educational institution or an institution of higher education as defined by Section 61.003(8), Education Code, for the purpose of assisting or creating a scholarship program.

You may dispose of unexpended contributions or assets in this manner at any time during the six-year period.

EXTRA REPORTING FOR CONTRIBUTION TO CANDIDATE OR COMMITTEE. If you contribute unexpended contributions or assets to another candidate or committee, you must report the contribution twice. You must include the contribution on your Annual Report. You must also report the contribution on a SPECIFIC-PURPOSE COMMITTEE REPORT OF CONTRIBUTIONS, EXPENDITURES, AND LOANS (Form SPAC). You must file the SPAC report with the filing authority with whom the candidate or political committee files reports by the date by which the candidate or political committee receiving the contribution must report the receipt of the contribution.

FINAL DISPOSITION OF UNEXPENDED CONTRIBUTIONS REPORT. You must file a report of the final disposition of your unexpended contributions or assets. Complete Form C/OH-UC and designate the report as the Final Disposition of Unexpended Contributions Report by checking the "Final Disposition" box. The report is due no later than the 30th day after the end of the six-year period.


SPECIFIC INSTRUCTIONS

Each numbered item in these instructions corresponds to the same numbered item on the form.

PAGE 1

1. ACCOUNT #: If you are filing with the Ethics Commission, you were assigned a filer account number when you filed your initial campaign treasurer appointment. You should have received a letter acknowledging receipt of the form and informing you of your account number. Enter this number wherever you see "ACCOUNT #." If you do not file with the Ethics Commission, you are not required to enter an account number.

2. CANDIDATE/OFFICEHOLDER NAME: Enter your full name, including nicknames and suffixes (e.g., Sr., Jr., III), if applicable. Your entry here should be the same as in your APPOINTMENT OF CAMPAIGN TREASURER BY A CANDIDATE (CTA). Enter your name in the same way wherever you see "C/OH NAME".

3. CANDIDATE/OFFICEHOLDER ADDRESS: Enter your complete mailing address. Include your street address or P.O. Box, city, state, and ZIP Code. Your entry here should be the same as the address in your APPOINTMENT OF CAMPAIGN TREASURER BY A CANDIDATE (CTA).

4. REPORT TYPE: Check the appropriate box.

"Annual" Box: Check this box if you are filing an Annual Report of Unexpended Contributions.

 

"Final Disposition" Box: Check this box if you are filing a Final Disposition of Unexpended Contributions Report at the end of the six-year period.

5. PERIOD COVERED:

Annual Reports. For your first Annual Report, the beginning date is the day after the day you filed your CANDIDATE/OFFICEHOLDER CAMPAIGN FINANCE REPORT (Form C/OH) designated as a "final report." The beginning date for all other Annual Reports is January 1. The ending date for all Annual Reports is December 31.

 

Final Disposition Reports. For a Final Disposition Of Unexpended Contributions Report, the beginning date is the day after the period covered by your most recent Annual Report. The ending date is the date you file the report.

6. TOTALS: Complete this section only if you are filing an Annual Report. If you are not filing an Annual Report, go to section 7.

Line 1. Enter the total dollar value of unexpended political contributions and assets that you maintained during the previous year ending December 31.

 

Line 2. Enter the total dollar value of interest and other income earned on unexpended political contributions and assets during the previous year ending December 31.

7. AFFIDAVIT: Complete this section only after you have completed all other appropriate sections and schedules. You must always sign a report that you file. You must complete this section even if you have no schedules to attach. ONLY THE CANDIDATE OR OFFICEHOLDER FILING THE REPORT MAY SIGN THE AFFIDAVIT.

PAGE 2

8. C/OH (CANDIDATE/OFFICEHOLDER) NAME: Enter your full name as you did on Form C/OH-UC, Page 1.

9. ACCOUNT #: If you are filing with the Ethics Commission, enter your account number. If you do not file with the Ethics Commission, you are not required to enter an account number.

10. DATE: Enter the date the expenditure was made.

11. PAYEE NAME: Enter the full name of the person to whom the expenditure was made.

12. PAYEE ADDRESS: Enter the complete address of the person to whom the expenditure was made. Include the street address or P.O. Box, city, state, and ZIP Code.

13. AMOUNT: Enter the exact amount of the expenditure.

14. PURPOSE OF EXPENDITURE: If, for example, your expenditure was to purchase or lease goods or services, enter a description of the goods or services so that a person reviewing your report could know what goods or services were purchased or leased.

Reporting Travel Outside of Texas: The law requires detailed information regarding in-kind contributions and political expenditures for travel outside of Texas. This information should be reported on Schedule T and attached to this form. Schedule T can be found on the Texas Ethics Commission's web site at http://www.ethics.state.tx.us/whatsnew/travel_outside_Texas.htm.

15. IS THE EXPENDITURE A CONTRIBUTION?: If the expenditure was a contribution to a candidate, officeholder, or political committee, check the "YES" box. The purpose of this box is to allow you to see that you must file an additional report for this expenditure on Form SPAC. See the "Extra Reporting For Contribution To Candidate Or Committee" section in the General Instructions for this form.

If the expenditure was not a contribution to a candidate, officeholder, or political committee, check the "NO" box.

 

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