HomeMy WebLinkAbout2994 Voluntary Spending Limits
ORDINANCE NO. d. '1 '1 Y
AN ORDINANCE AMENDING AMC CHAPTER 2.41 CONCERNING
VOLUNTARY CONTRIBUTION AND SPENDING LIMITS FOR CANDIDATES
FOR CITY OFFICES
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold . .L and additions are in bold underline.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all .
legislative powers home rule constitutional provisions reserved to Oregon. Cities. Citv of
Beaverton v. International Ass'n of Firefiahters, Local 1660. Beaverton Shoo. 20 Or.
App. 293, (1975); and
WHEREAS, the City Council requested the City Recorder review the City's voluntary
campaign finance limits and recommend any desirable changes; and
WHEREAS, on the recommendation of the City Recorder, the City of Ashland wishes to
modify City Ordinances relating to Voluntary Contribution and Spending Limits for
Candidates for City Offices to be more consistent with the requirements of state law;
and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS
SECTION 1. The recitals set forth above are true and correct and are incorporated
herein by this reference.
SECTION 2. AMC Chapter 2.41 is hereby amended to read as follows:
Section 2.41.010 Definitions.
The words and phrases used in this chapter shall be construed as defined in ORS
Chapter 260 - Campaian Finance Reaulations.
The following words and phrases whcmever used in this ohapter shall be oonstrues as
defined in this seotion unless from the oontext a different meaning is intended.
t.. "Candidate" means:
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1. t.n individual .....hose name is printed on a ballot, for whom a deolmation of
oandidaoy or nominating petition has been filed, who requested a tally of
write in votes under OR8 249.007 or whose name is expeoted to be or has
been presented '/lith the individual's oonsent, for election to public offioe;
2. .^.n individual who has solicited or reoeived and accepted a oontribution, made
an expenditure, or given oonsent to an individual, organization or politioal
oommittee to solicit or reoeive and aooept a oontribution or make an
expenditure on the individual's behalf to seoure eleotion to any public offioe at
any time, whether or not the offioe who whioh the individual will seek election
is known when the solicitation is made, the oontribution reoeived and retained
or the expenditure is made, and whether or not the name of the individual is
printed on the ballot; or
d. .^. publio offioe holder against '.vhom a reoall petition has been oompleted and
fiIe€h
B. Exoept as provided in section 2.41.020,
1. ~Contribute" or "oontribution" inoludes:
a. The payment, loan, gift, forgiving of indebtedness, or furnishing 'Nithout
equivalent oompensation or oonsideration, of money, servioes other
than personal servioes for whioh no oompensation is asked or given,
supplies, equipment or any other thing of value:
i. For the purpose of influenoing an election for publio office or of
reduoing the debt of a oandidate for eleotion to public offioe or the debt
of a politioal oommittee; or
ii. To or on behalf of a oandidate, politioal oommittee; and (ORD 2794,81
-1W+t
2. Regarding a oontribu,tion made for oompensation or oonsideration of less than
equivalent value, only the excess value of it shall be oonsidered a
oontribution.
C. "Elector" means: an indi'/idual qualified to vote under section 2, /\rtiole II, Oregon
Constitution.
D. Exoept as provided in section 2.41.020, "expend" or "Clcpenditure" inoludes the
payment or furnishing of money or any thing of value or the inourring or
repayment of indebtedness or obligation by or on behalf of a oandidate, politioal
oommittee or person in oonsideration for any servioes, supplies, equipment or
other thing of value performed or furnished for any reason, inoluding in support of
or in opposition to a oandidate, politioal oommittee, or for reduoing the debt of a
oandiElate for eleotion to publio offioe. "Expenditure" also inoludes oontributions
made by a oandidate or politioal oommittee to or behalf of nay other oandidate for
public offioe or politioal oommittee. (ORD 2794, 82 1 (97)
E. "Independent expenditure" means an expenditure by a person for a
communioation expressly advocating the eleotion of a olearly identified oandidate
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that is not made with the oooperation or '.vith the prior oonsent of, or in
oonsultation with, or at the request or suggestion of, a oandidate or any agent or
authorized oommittee of the candidate. As used in this subseotion:
1. "t.gent" means any person 'Nho has:
a. /\otual oral or written authority, either express or implied, to make or to
authorize the making of expenditures on behalf of a oandidate; or
b. Been plaoed in a position within the campaign organization where it would
reasonably appem that in the ordinary oourse of oampaign related
aotivities the person may authorize expenditures.
2. "Clearly identified" means:
a. The name of the candidate involved appears;
b. A photograph or drawing of the oandidate appears; or
o. The identity of the oandidate is appment by unambiguous referenoe.
d. "ExDresslv ad'/ooatina" means any oommunioation oontaining a message
advooating eleotion or def-cat, inoluding but not limited to the name of the
candidate, or expressions suoh as "vote for," "eleot," "support," "oast your
ballot for," or "vote against," "defeat" or "reject."
4. "Made with the oooperation or with the prior consent of, or in consultation
with, or at the request or suggestion of, a oandidate or any agent or
authorized oommittee of the oandidate":
a. Means any arrangement, ooordination or direotion by the oandidate or the
oandidate's agent prior to the publication, distribution, display or broadoast of
the oommunioation. /\n expenditure shall be presumed to be made so when it
is;
i. Based on information about the candidate's plans, projects or needs
pro'/ided to the expending person by the oandidate or by the oandidate's
agent, with a view towmd having an expenditure made; or
ii. Made by or through any person who is, or has been, authorized to
raise or expend funds, .....ho is, or has been, an offioer of a politioal
committee authorized by the oandidate or who is, or has been, reoeiving
any form of compensation or reimbursement from the candidate, the
oandidate's principal oampaign oommittee or agenoy; and
b. Does not include providing to the expending person upon request a oopy of
this ohapter or any rules adopted by the recorder relating to independent
expenditures.
F. "Labor organization" means any organization of any kind, or any agenoy or
employee representation committee or plan, in whioh employees partioipate and
that exists for the purpose, in whole or in part, of dealing with employers
oonoerning grievanoes, labor disputes, wages, rates of pay, hours of employment.
or oonditions of work.
G. "Person" means an individual or a oorporation, assooiation firm, partnership, joint
stook oompany olub, organization or other oombination of individuals having
collecti','e oapaoity.
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H. "Politioal committee" means a oombination of two or more individuals, or a
person other than an individual, that has received a oontribution or made an
expenditure for the purpose of:
1. Supporting or opposing a oandidate; or
2. Making independent expenditures in support of or in opposition to a
candidate. (ORD 29794 84, 19(7)
I.. "Publio offioe" means any oity offioe or position that is filled by the electors.
J. "/Vith respeot to a single election" means, in the oase of a oontribution to a
oandidate for public office:
1. The next eleotion to that public office, after the oontribution is made; or
2. In the caGe of a oontribution made after an eleotion and designated in writing
by the oontributor for the previous eleotion, the election so designated. /I,
oontribution may be designated for a pre'/ious eleotion under this subseotion if
the oontribution does not exoeed the expenditure defioit of the oandidate or
principal campaign committee of the candidate reoeiving the oontribution.
Section 2.41.020 Contribution and Expenditure Exclusions.
Contribution and Expenditure Exclusions shall be as defined and set forth in ORS
Chapter 260 - Campaian Finance Reaulations.
I\s used in this chapter, "oontribute," "oontribution," "expend" or "expenditure" does not
include:
,^,. /\ny written news story, oommentary or editorial dictributed through the faoilities
of any broadoasting station, newspaper, magazine or other periodioal publication,
unless a politioal oommittee owns the faoility;
B. t,n individual's use of the individual's own personal residenoe, inoluding a
oommunity room assooiated with the individual's residenoe, to oonduct a
reoeption for a oandidate, and the oost of invitations, food and beverages
pro'/ided at the reoeption;
C. ^ vendor's sale of food and beverages for use in a candidate's campaign at
oharge loss than the normal compmable charge, if the charge is at loast equal to
the oost of the food or beverages to the vendor;
D. I\ny un reimbursed payment for travel expenses an individual makes on behalf of
a oandidate;
E. Any loan of money made by a state bank, a federally ohartered depository
institution or a depository institution insured by the Federal Deposit Insuranoe
Corporation, Federal Savings and Loan Insurance Corporation or the National
Credit Union Administration, other than any overdraft oharge made with respect
to a oheoking or savings aocount, if the loan bems the usual and oustomary
interest rates for the oategory of loan involved, is made on the basis that assures
repayment, is evidenoed by a written instrument and is subject to a due date or
amortization sohedule. Eaoh endorser or guarantor of the loan, however, shall be
oonsidered to have oontributed that portion of the total amount of the loan for
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whioh the person agreed to be liable in a written agreement, exoept if the
endorser or gumantor is the oandidate's spouse;
F. .^,ny nonpartisan aotivity designed to enoourage individuals to vote or to register
to vote;
G. Any communioation a membership organization or oorporation makes to its
memberG, shmeholders or employees if the membership organization or
oorporation is not organized primarily for the purpose of influenoing an eleotion to
offioe; and
H. The payment of oompensation for legal and aooounting services rendered to a
oandidate if the person paying for the Gervioes is the regular employer of the
individual rendering the servioes and the services are solely for the purpose of
insuring oomplianoe with the provisions of this ohapter.
Section 2.41.040 Expenditure Limit Definitions.
The words and phrases used in this chapter. includina specificallv Expenditure
Limit Definitions. shall be construed as defined in ORS Chapter 260 - CampaiQn
Finance Reaulations.
t.s used in sections 2.41.040 to 2.41.090:
J\. "/\ttributable expenditure" means an expenditure from oontributions, inoluding
any loans reoeived, including aooounts payable, made or authorized:
1. By the oandidate or a person aoting for the candidate;
2. For the treasurer of the oandidate or the oandidate's principal campaign
oommittee;
3. For another person or political oommittee under the direotion or oontrol of the
oandidate or the treasurer of the oandidate or the oandidate's prinoipal
campaign oommittee.
B. "Attributable expenditure" does not inolude an expenditure that is a repayment on
a loan or an independent expenditure.
C. "Reoorder" means the City Reoorder.
D. ''With respeot to the special or primarj' eleotion" means the period beginning on
the date that the name of a treasurer is oertified to the reoorder under ORS
260.035 or 260.037 or the day following the last day of the aooounting period for
a previous statement of oontributions reoeived or expenditures made if the
statement shows an expended balance of oontributions or an oxpenditure deficit,
and ending on the 20th day after the date of the speoial or primary oleotion.
E. ",'Vith respeot to the general election" means the period extending from the date
the namo of a treasurer for the candidate or the prinoipal campaign oommittee of
the oandidate is oertified to the reoorder and ending on Deoember 31.
Section 2.41.050 Expenditure Limits.
A) A. A oandidate fo"r public office may file a declaration of limitation on
expenditures as described in section 2.41.060 with the recorder stating that the
candidate, including the principal campaign committee of the candidate, will not
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make attributable expenditures in excess of $2,500 .246 times the number of
reaistered voters on April 1 of each year for any public office.
B. For purposes of this section, attributable expenditures made prior to the
applicable special, primary or general eleotion reporting period in consideration
for goods to be delivered or services to be rendered solely during the special,
primary or general eleotion reporting period shall be oharged against the
expenditure limits described in subsections A and 8 of this seotion in the
reporting period during whioh the goods or services are delivered.
C. A candidate or politioal committee desoribed in subseotions A and B of this
section who have filed a declaration under this section stating that the candidate
or committee will not make attributable expenditures with respect to the special,
primary and general election in exoess of the limits described in subsections A
and B of this section shall not be bound by the deolaration if any opposing
oandidate or politioal oommittee for the same public office at the same election
has not filed a declaration indicating that the candidate or political committee will
limit expenditures or has filed the statement but has made expenditures
exceeding the applioable limit. (ORD 2794, S7 1997)
D. The recorder is authorized to adjust annually on April 1 st of each year the
expenditure limits imposed by this seotion to account for inflation, based on the
Consumer Price Index - All Urban Consumer Portland Index (cPI-U) December
to December.
Section 2.41.060 Declaration of Limits on Expenditures.
A. The declaration of limits on expenditures filed under section 2.41.050 shall certify
that with respect to the special, primary or general election, the candidate or the
principal oampaign committee of the oandidate or political committee will not incur
attributable expenditures in excess of the applicable expenditure limit described in
section 2.41.050.
B. The recorder shall presoribe forms for the filing of the information required by this
seotion. The forms shall also include the name of the candidate by which the
candidate is commonly known and by which the candidate transacts important
private or official business. (ORD 2794, sa 1997)
C. The declaration shall be filed with the recorder:
1. For a candidate, not later than the date the candidate files the name of the
candidate's campaign treasurer; and
2. For a politioal committee, not later than the date that the name of a treasurer is
certified to the recorder under ORS 260.035 or 260.037.
Section 2.41.070 Expenditures Not Qualifying as an Independent Expenditure.
Expenditures Not Qualifyina as an Independent Expenditure shall be as defined
and set forth in ORS Chapter 260 - Campaian Finance ReQulations.
,^,. /\n expenditure not qualifying as an independent expenditure shall be oonsidered an
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in kind oontribution to the oandidate or the prinoipal oampaign oommittee of the
oandidate or politioal oommittee and an expenditure by the oandidate or the prinoipal
oampaign oommittee of the candidate or politioal oommittee.
B. For purposes of section 2.41.050, the amount of an expenditure not qualifying as an
independent expenditure shall oount against the expenditure limits of the oandidate
or politioal oommittee for whose benefit the expenditure was made.
C. For purposes of the oontribution limitations established by seotion 2.41.030, the
amount of an expenditure not qualifying as an independent expenditure shall oount
against the oontribution limits of the person or political oommittee making the
expenditure.
D. ~lo person, inoluding a oandidate or politioal oommittee, shall report an expenditure
as an independent expenditure if the expenditure does not qualify as an independent
expenditure under seotion 2.41.01 O.E.
Section 2.41.080 Procedures and Appeals.
A. With respect to any election, the recorder shall examine eaoh contribution and
expenditure statement of each candidate and political oommittee who filed a
declaration of limitation on expenditures under section 2.41.050 to determine
whether any candidate or political oommittee exceeded the applicable expenditure
limit. If the reoorder determines after any filing that a candidate or political committee
has exceeded the applioable expenditure limit, the reoorder shall send a notioe of
the recorder's determination to the candidate or the treasurer of the political
committee. Notice shall be sent by certified mail. return receipt reauested.. If
the reoorder determines that the recorder or any candidate for election to an office
for which the recorder is also a oandidate for election has exceeded the applioable
expenditure limit, the information shall be sent to the city attorney, who shall be
substituted for the recorder in any enforcement prooeeding under this section and
section 2.41.090. The notice also shall state that the candidate may appeal the
recorder's or the city attorney's determination as provided in this section.
S. An Appeal of the City Recorder or City Attorney's determination under
subsection A shall be processed in accordance with the Uniform
Administrative Appeals Ordinance AMC 2.30.. except that the appeal shall be
filed and processed in the office of the City Administrator and the Hearina
Officer will be selected by City Council. The appeal must be filed within ten
(10) calendar days of the date of mailina of the notice of determination. A
hearing to contest the determination that a oandidate or politioal oommittee has
violated the deolmation of limitation on expenditures as desoribed in subseotion /\ of
this section and to oonGider oiroumstanoes in mitigation shall be held bofore a
hearings officer appointed by the oity administrator:
1. Upon request of the oandidate or politioal oommittee, if the request is made not
later than the seventh day after the candidate reoeived the notioe sent under
subsection.^. of this seotion; or
2. Upon the reoorder's or oity attorney's ovm motion if the motion is filed not later
than the seventh day after the oandidate reoeived the notioe sent under
subseotion ,II, of this section.
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C. /\11 parties shall be afforded an opportunity for hearing after reasonable notice,
zerved personally or by registered or oertified mail.
1. The notioe shall inolude:
i. A statement of the party's right to hearing, or a statement of the time and
plaoe of the hearing;
ii. /I, statement of the authority and jurisdiotion under which the hearing is to be
AeJ4,.
III. /I, reference to the partioulm sections of this ohapter involved; and
i'I. 1\ short and plain statement of the matters asserted or ohmged.
2. Parties may elect to be represented by oounsel and to respond and present
evidenoe and argument on all issues involved.
3. Informal disposition may be made of any oase by stipulation, agreed settlement,
consent order or default.
4. At the oommencement of the heming, the hearings officer shall explain the
issues involved in the hearing and the matters that the parties must either prove
or disprove.
5. Testimony shall be taken upon oath or affirmation of the witness from whom
reoeived.
6. The hearings officer shall plaoe on the reoord a statement of the substanoe of
any written or oral ex parte oommunications on a fact in issue made to the offioer
durin'g the pendenoy of the proceeding and notify the parties of the
oommunioation and of their right to rebut suoh.oommunications.
7. The hearings offioer shall insure that the reoord developed at the hearing shows
a full and fair inquiry into the facts neoessmy for oonsideration of all issues
properly before the presiding officer in the oase.
3. ,II. verbatim oral, '.vritten or meohanical reoord shall be made of all motions,
rulings and testimony. The reoord need not be transcribed unless requested for
purposes of rehearing or oourt reviC'o.... The oity may oharge the party requesting
transoription the cost of a oopY of transoription.
D. The oandidate or the treasurer of the politioal oommittee need not appem in person
at a hearing held under this seotion, but instead may submit written testimony and
other evidenoe, subject to the penalty for false swearing, to the reoorder for entry in
the heming reoord. Suoh doouments must be reoeived by the reoorder not later than
fi'/e business days before the day of the hearing.
Section 2.41.100 Recorder Responsibilities.
The recorder shall:
A. Adopt rules as neGessary to Garry out the provisions of seGtions 2.41.040 to
2.41.090.
B. Prescribe forms for deolarations required by section 2.41.050, and furnish the
forms to persons required to file.
B.G. . Investigate when appropriate under the provisions of sections 2.41.040 to
2.41.090.
Section 2.41.110 Publication.
A. The recorder shall:
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1. For eaoh candidate and political committee described in section 2.41.050,
publish a statement in a newspaper of general oiroulation and published in the
City, and any other medium the reoorder shall deem appropriate, indioating
whether or not the oandidate has agreed to limit expenditures underseotion
2.41.050.
2. Inolude the statement described in subsection 1 on the nominating petitions of all
prospeotive oandidates for public office.
B. If a candidate or political oommittee described in seotion 2.41.050 has agreed to limit
expenditures, but is not bound by the agreement because an opponent or opposing
political committee of the candidate or political committee for the same office at the
same election has not agreed to limit expenditures or has exceeded the applicable
expenditure limit, the published statement described in subsection 2.41.11 0.A.1 shall
indicate that the candidate or political committee has agreed to limit expenditures
and that the candidate or political committee is not bound by the agreement because
an opponent of the candidate or opposing political oommittee for the same office at
the same election has not agreed to limit expenditures or has exceeded the
applicable spending limit. (ORD 2794,8101997)
C. If the recorder or the city attorney finds under seotion 2.41.080 that a candidate
described in section 2.41.050 filing a declaration of limitation on expenditures under
section 2.41.050 has exceeded the applicable expenditure limit, at the next election
at which the candidate is a oandidate for election to publio office, the recorder shall
publish a statement, in a newspaper of general circulation and published in the City,
indicating that the candidate violated a previous declaration of limitation on
expenditures under section 2.41.050. The statement required by this subsection
shall identify the date of the election at which the candidate exceeded the applicable
expenditure limit.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this
ordinanoe are severable. The invalidity of one seotion, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subseotions, paragraphs and
clauses.
SECTION 4. Codification. Provisions of this Ordinanoe shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section", or
another word, and the seotions of this Ordinanoe may be renumbered, or re-Iettered,
provided however that any Whereas clauses and boilerplate provisions (Le. Sections 1,
3-4) need not be codified and the City Recorder is authorized to correct any cross-
referenoes and any typographioal errors..
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The foregoing ordinance was first read by title only in a$ with Article X,
Section 2(c) of the City Charter on the ?-z.. day of ~ w'- , 2009
and duly PASSED and ADOPTED this (, day of , 2009.
~j/(~
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this 7 day of ~2009
~~
ReRj']CJ
Richard Appicell61 City Attorney
V.
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