[NRO 1975, T. 2, §§ 601 to
604 (Secs. 7-56 to 7-59 of the 1985 Code)]
[Amended 10-18-1977 by Ord. No. O-77-199; 4-22-1986 by Ord. No. O-86-19A; 12-26-2007 by Ord. No. O-07-128]
A.
This article is enacted in order to promote open and
fair elections, to safeguard the integrity of the electoral process,
to provide the electorate with information regarding the distribution
of capital affecting candidates or issues in a campaign, and/or to
deter actual or perceived corruption by exposing the source of large
expenditures.
B.
The provisions of this article shall apply to of the
offices of Mayor, Alderman at Large, Ward Alderman, Board of Education,
Fire Commission and Board of Public Works, and to municipal ballot
measures.
[NRO 1975, T. 2, § 602; 10-18-1977 by Ord. No.
O-77-199; 12-26-2007 by Ord. No. O-07-128]
Certain words and phrases, as used in this article,
shall have the meaning given in this section:
Any Charter amendment or question which is submitted or intended
to be submitted to a popular vote at a municipal election.
Any duly nominated person, any person announcing as a write-in
candidate and for whom votes are sought in that election, or any person
who has knowingly and willingly taken affirmative action, including
but not limited to solicitation of funds, for the purpose of seeking
nomination for or election to municipal office.
[Amended 6-9-2015 by Ord.
No. O-15-049]
Includes, but is not limited to, publication in any newspaper
or other periodical or on any Internet site, broadcasting on radio,
television, or over any public address system, transmission by telephone
or facsimile, placement on any billboards, outdoor facilities, window
displays, posters, cards, pamphlets, leaflets, flyers, or other circulars,
or in any direct mailing.
Any special, regular or run-off municipal election.
Any organization of two or more persons formed solely for
the purpose of determining the feasibility of an individual's candidacy
for office. The activities of exploratory committees may include polling,
travel, and telephone calls to determine whether the individual should
become a candidate. Certain activities, however, indicate that an
individual has decided to become a candidate and is not merely determining
the feasibility of candidacy for office, including, but not limited
to: raising funds in excess of amounts reasonably required for exploratory
activity or amassing funds to be used after candidacy is established;
conducting activities over a protracted period of time or shortly
before the election; using public political advertising to publicize
his or her intention to campaign; making or authorizing statements
that refer to him or her as a candidate; or seeking ballot access.
[Added 6-9-2015 by Ord.
No. O-15-049]
Any service or property, real or personal, being of a tangible
nature, except the personal services or labors of volunteers who are
not compensated therefor.
Includes a natural person, corporation, company, partnership,
firm, association, organization, society, labor union, business trust,
trust, financial institution, or any other group, organization or
entity of any nature.
Any organization of two or more persons to influence elections
or ballot measures.
[Added 12-26-2007 by Ord. No. O-07-128]
A political committee shall register with the
City Clerk not later than 24 hours before making or contracting for
any expenditure relative to the municipal election for which the political
committee is organized. The committee shall file with the City Clerk
a statement of the purpose of the political committee and a statement
of the name, address, occupation and principal place of business,
of its chairman, treasurer and other officers.
[Added 6-9-2015 by Ord.
No. O-15-049]
An exploratory committee shall register with the City Clerk
not later than 24 hours after accepting any contributions or making
or contracting for any expenditure relative to the purpose for which
the exploratory committee is organized. The exploratory committee
shall file with the City Clerk a statement of the purpose of the committee
and a statement of the name, address, occupation and principal place
of business, of the individual whose feasibility of candidacy is being
explored, its chairman, treasurer and other officers.
[NRO 1975, T. 2, § 603; 10-18-1977 by Ord. No.
O-77-199; 4-22-1986 by Ord. No. O-86-19A; 12-26-2007 by Ord. No.
O-07-128; 2-24-2009 by Ord. No. O-08-49]
A.
Each political
committee that receives contributions or makes expenditures for the
purpose of influencing the election of any candidate, and each person
or political committee that receives contributions or makes expenditures
for the purpose of influencing any ballot measure or referendum question
shall file statements with the City Clerk detailing each receipt and
expenditure, covering both the amount and source thereof, including
dates, names and addresses of contributors. In cases where receipts
from any one person total $10 or less, the receipt will be entered
by amount only.
[Amended 5-26-2009 by Ord. No. O-09-60]
B.
Each candidate
shall file statements with the City Clerk detailing each receipt and
expenditure, covering both the amount and source thereof, including
dates, names and addresses of contributors. In cases where receipts
from any one person total $10 or less, the receipt will be entered
by amount only. In cases where there are no receipts or expenditures,
the filing shall state that fact.
C.
Statements
of receipts and expenditures relative to a municipal election shall
cover the period expiring two days prior to the filing of the statements,
which shall be filed 20 days prior to the election, and again on October
1 following a mayoral primary election held on the second Tuesday
of September under Charter Section 5a; on December 1 following a municipal
election held on the first Tuesday following the first Monday in November;
or 30 days following a special municipal election.
[Amended 3-22-2011 by Ord. No. O-11-59]
D.
Funds received and spent by exploratory committees are considered to be receipts and expenditures and will be reportable when the candidate files his or her first report required under this section and in the manner required by this section. On June 1 and December 1 of each calendar year, an individual for whom an exploratory committee was formed who has not included all receipts and expenditures on a report required under Subsection B, herein, shall file an informational report on behalf of the exploratory committee. In the event an individual, for whom an exploratory committee was formed, chooses not to become a candidate for office, the surplus contributions may be used or disposed of in accordance with § 23-18.1, and the semiannual information report required of exploratory committees shall continue to be filed until such time as all outstanding surplus has been deleted and reported.
[Added 6-9-2015 by Ord.
No. O-15-049[1]]
E.
Any office holder who during the year shall have received any item of value, not a campaign receipt, shall file a statement with the City Clerk detailing each such receipt, including the value, date, and name and address of the contributor thereof, in accordance with Chapter 23, Article VI, Gifts, Testimonials, Honorariums.
[Amended 3-22-2011 by Ord. No. O-11-59]
F.
Filings
shall be in a form determined by the City Clerk. Filings may be submitted
electronically, including by electronic mail, facsimile transmission
or any other method approved by the City Clerk. However, electronic
filers are responsible for ensuring that the City Clerk has received
such reports within the time required.
G.
Statements shall become public information immediately upon filing. Copies may be furnished on request, and upon payment of reproduction costs to the City Clerk. The City Clerk shall post a copy of the statements required under Subsections A through D on the Internet within three business days of the filing deadline, for a period of no less than four years.
[Amended 6-9-2015 by Ord.
No. O-15-049]
[Added 12-26-2007 by Ord. No. O-07-128]
Surplus campaign contributions may be used after
a general or special election for fund raising activities and for
other politically related activity sponsored by the candidate, or
for donations to charitable organizations. Such surplus campaign contributions,
however, shall not be used for personal purposes.
[Added 3-22-2011 by Ord. No. O-11-59]
Any political committee or candidate which has any outstanding debt, obligation, or surplus following the second campaign receipt and expenditure report for a municipal election shall file reports by June 1 and December 1 of each year following said election in the same form as in § 23-18E until the obligation or indebtedness is entirely satisfied or surplus deleted, at which time a final report shall be filed; provided, however, that a political committee or candidate may amend, update, or submit a final report at additional times other than those required under this section.
[NRO 1975, T. 2, § 604; 10-18-1977 by Ord. No.
O-77-199; 12-26-2007 by Ord. No. O-07-128]
A.
It shall be unlawful for any candidate, person, or
political committee to try to circumvent the filing of an item of
value larger than $10 by any means. Any candidate, person, or political
committee having been found guilty of such a circumvention shall be
guilty of failing to comply.
B.
Any candidate, person, or political committee failing
to comply with the provisions of this article shall, upon conviction,
be guilty of a violation, and fined not more than $100 for each day
that lack of compliance exists. Each day that lack of compliance exists
shall constitute a separate offense.
