4 Neb. Admin. Code, ch. 4, § 005 - ADMINISTRATIVE DISSOLUTION

.01 The Commission, on its own initiative, or upon the request of the committee itself, may commence an administrative dissolution process against a political committee if it finds any one of the following:

.01A The committee's Campaign Statement for the last reporting period for which a statement was filed discloses that neither contributions nor expenditures exceeded $2,000;

.01B The committee's last Campaign Statement disclosed no receipt of contributions for the last reporting period;

.01C The committee's last Campaign Statement disclosed minimal expenditures;

.01D The committee's primary purpose for filing Campaign Statements has been to disclose outstanding debts and obligations;

.01E The committee has not filed a Campaign Statement for the last reporting period;

.01F The committee's last Campaign Statement disclosed that the committee does not have substantial outstanding accounts receivable;

.01G The committee's outstanding debts and obligations exceed the total of its cash on hand;

.01H The committee has never raised, received, no expended more than $2,000 in any calendar year period as provided in§ 49-1413 or as such section may be amended from time to time by the Legislature.

.02 The Commission may commence an administrative dissolution process against a candidate committee if the candidate is deceased. In such a case the Commission is not bound by the factors set forth in sections 005.01 and 005.03.

.03 The Commission shall send a notification by certified mail, return receipt requested, to the committee treasurer, or in the case of a candidate committee, to its candidate or treasurer of its intent to administratively dissolve such committee and may require the treasurer, and the candidate in the case of a candidate committee, to submit information, including a Campaign Statement as provided in section 003.02, with regard to the factors set forth in subsection .01 of section 005 hereof. The Commission may require the committee to provide information on the outstanding debts of the committee, the unexpended funds of the committee, and the physical assets of the committee. The treasurer and the candidate, in the case of a candidate committee shall respond, in writing, within 30 days of receipt of the commission's notice or request and if the committee objects to such dissolution, the committee's response shall so state.

.04 In the event that the Commission is unable to serve notice by certified mail as required by subsection .03, the Commission shall make a reasonable search to determine the whereabouts of the parties to be notified. If, after a reasonable search, the Commission is unable to determine the whereabouts of the parties to be notified, the person searching on behalf of the Commission shall execute an affidavit. The affidavit shall state that the searcher has made a reasonable search to determine the whereabouts of the parties to be notified and has been unable to do so. The affidavit shall further state generally what steps the searcher took to determine the whereabouts of the parties to be notified. Upon the filing of such an affidavit, the Commission may proceed with the administrative dissolution process.

.05 The Commission may administratively dissolve a committee if such committee fails to object to the commission's actions and the commission determines any one of the following to be true:

.05A The committee or its candidate has obtained credit to cover its unpaid debts and obligations;

.05B There has been a forgiveness of any loan(s) owed by the committee or its candidate;

.05C It appears that the collection of any outstanding loan(s) or accounts payable are barred by the statute of limitations as provided in§§ 25-205 and 25-206;

.05D It appears that the creditors of the committee consider the candidate to be an absent or absconding debtor as provided in§ 25-214;

.05E It does not appear from evidence available that the committee or its candidate has violated the Act or the Rules and Regulations promulgated thereunder;

.05F It appears from the evidence available that prosecution of the candidate, treasurer or committee for any violation of the Act is barred by the statute of limitations;

.05G It does not appear from the evidence available that the committee has ever raised, received, or expended more than $2,000 in any calendar year period as provided in§ 49-1413 as the same may be amended from time to time by the Legislature; or

.05H In the case of a candidate committee of an incumbent eligible for re-election to the same office, such person has filed a verified declaration that he or she has not filed and will not file for re-election to the same office or has withdrawn such filing.

Notes

4 Neb. Admin. Code, ch. 4, § 005