HomeMy WebLinkAbout2766 Contribution Spending ORDINANCE NO.
AN ORDINANCE ADDING CHAPTER 2.41 TO THE ASHLAND
MUNICIPAL CODE ESTABLISHING CONTRIBUTION AND SPENDING
LIMITS FOR CANDIDATES FOR CITY OFFICES AND FOR CITY
MEASURES.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The following chapter is added to the Ashland Municipal Code:
Chapter 2.41
CONTRIBUTION & SPENDING LIMITS FOR CANDIDATES FOR CITY
OFFICES AND FOR CITY MEASURES
Sections:
2.41.010
2.41.020
2.41.030
2.41.040
2.41.050
2.41.060
2.41.070
2.41.080
2.41.090
2.41.100
2.41.110
2.41.120
2.41.130
Definitions
Contribution and Expenditure Exclusions
Contribution Limits
Expenditure Limit Definitions
Expenditure Limits
Declaration of Limits on Expenditures
Expenditures Not Qualifying as an Independent Expenditure
Procedures and Appeals
Penalties
City Recorder Responsibilities
Publication
Definition of Single Political Committee
Personal and Independent Expenditures
2.41.010 Definitions. The following words and phrases whenever used in this chapter
shall be construed as defined in this section unless from the context a different
meaning is intended.
A. "Candidate" means:
1. An individual whose name is printed on a ballot, for whom a
declaration of candidacy or nominating petition has been filed, who requested a tally of
write-in votes under ORS 249.007 or whose name is expected to be or has been
presented with the individual's consent, for election to public office;
2. An individual who has solicited or received and accepted a
contribution, made an expenditure, or given consent to an individual, organization or
political committee to solicit or receive and accept a contribution or make an
expenditure on the individual's behalf to secure election to any public office at any
time, whether or not the office who which the individual will seek election is known
when the solicitation is made, the contribution received and retained or the
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expenditure is made, and whether or not the name of the individual is printed on the
ballot; or
3. A public office holder against whom a recall petition has been
completed and filed.
B. Except as provided in section 2.41.020,
1. "contribute" or "contribution" includes:
a. The payment, loan, gift, forgiving of indebtedness, or furnishing
without equivalent compensation or consideration, of money, services other than
personal services for which no compensation is asked or given, supplies, equipment
or any other thing of value:
i. For the purpose of influencing an election for public office
or an election on a measure or of reducing the debt of a candidate for election to
public office or the debt of a political committee; or
ii. To or on behalf of a candidate, political committee or
measure; and
b. Any unfulfilled pledge, subscription, agreement or promise,
whether or not legally enforceable, to make a contribution.
2. Regarding a contribution made for compensation or consideration of
less than equivalent value, only the excess value of it shall be considered a
contribution.
C. "Elector" means an individual qualified to vote under section 2, Article II,
Oregon Constitution.
D. Except as provided in section 2.41.020, "expend" or "expenditure" includes
the payment or furnishing of money or any thing of value or the incurring or
repayment of indebtedness or obligation by or on behalf of a candidate, political
committee or person in consideration for any services, supplies, equipment or other
thing of value performed or furnished for any reason, including in support of or in
opposition to a candidate, political committee or measure, or for reducing the debt of
a candidate for election to public office. "Expenditure" also includes contributions made
by a candidate or political committee to or behalf of nay other candidate for public
office or political committee.
E. "Independent expenditure" means an expenditure by a person for a
communication expressly advocating the election of a clearly identified candidate that
is not made with the cooperation or with the prior consent of, or in consultation with,
or at the request or suggestion of, a candidate or any agent or authorized committee
of the candidate. As used in this subsection:
1. "Agent" means any person who has:
a. Actual oral or written authority, either express or implied, to
make or to authorize the making of expenditures on behalf of a candidate; or
b. Been placed in a position within the campaign organization
where it would reasonably appear that in the ordinary course of campaign related
activities the person may authorize expenditures.
2. "Clearly identified" means:
a. The name of the candidate involved appears;
b. A photograph or drawing of the candidate appears; or
c. The identity of the candidate is apparent by unambiguous
reference.
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3. "Expressly advocating" means any communication containing a
message advocating election or defeat, including but not limited to the name of the
candidate, or expressions such as "vote for," "elect," "support," "cast your ballot for," or
"vote against," "defeat" or "reject."
4. "Made with the cooperation or with the prior consent of, or in
consultation with, or at the request or suggestion of, a candidate or any agent or
authorized committee of the candidate":
a. Means any arrangement, coordination or direction by the
candidate or the candidate's agent prior to the publication, distribution, display or
broadcast of the communication. An expenditure shall be presumed to be made so
when it is:
i. Based on information about the candidate's plans,
projects or needs provided to the expending person by the candidate or by the
candidate's agent, with a view toward having an expenditure made; or
ii. Made by or through any person who is, or has been,
authorized to raise or expend funds, who is, or has been, an officer of a political
committee authorized by the candidate or who is, or has been, receiving any form of
compensation or reimbursement from the candidate, the candidate's principal
campaign committee or agency; and
b. Does not include providing to the expending person upon
request a copy of this chapter or any rules adopted by the recorder relating to
independent expenditures.
F. "Labor organization" means any organization of any kind, or any agency or
employee representation committee or plan, in which employees participate and that
exists for the purpose, in whole or in part, of dealing with employers concerning
grievances, labor disputes, wages, rates of pay, hours of employment or conditions of
work.
G. "Measure" includes any of the following submitted to the people for their
approval or rejection at an election:
1. An amendment to the City Charter;
2. A proposed city ordinance;
3. A referendum regarding a city ordinance;
4. A proposition or question.
H. "Person" means an individual or a corporation, association firm, partnership,
joint stock company club, organization or other combination of individuals having
collective capacity.
I. "Political committee" means a combination of two or more individuals, or a
person other than an individual, that has received a contribution or made an
expenditure for the purpose of:
1. Supporting or opposing a candidate or measure; or
2. Making independent expenditures in support of or in opposition to a
candidate or measure.
J. "Public office" means any city office or position that is filled by the electors.
K. "With respect to a single election" means, in the case of a contribution to a
candidate for public office:
1. The next election to that public office, after the contribution is made; or
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2. In the case of a contribution made after an election and designated in
writing by the contributor for the previous election, the election so designated. A
contribution may be designated for a previous election under this subsection if the
contribution does not exceed the expenditure deficit of the candidate or principal
campaign committee of the candidate receiving the contribution.
2.41.020 Contribution and Expenditure Exclusions. As used in this chapter,
"contribute," "contribution," "expend" or "expenditure" does not include:
A. Any written news story, commentary or editorial distributed through the
facilities of any broadcasting station, newspaper, magazine or other periodical
publication, unless a political committee owns the facility;
B. An individual's use of the individual's own personal residence, including a
community room associated with the individual's residence, to conduct a reception for
a candidate, and the cost of invitations, food and beverages provided at the reception;
C. A vendor's sale of food and beverages for use in a candidate's campaign at
charge less than the normal comparable charge, if the charge is at least equal to the
cost of the food or beverages to the vendor;
D. Any unreimbursed payment for travel expenses an individual makes on
behalf of a candidate;
E. Any loan of money made by a state bank, a federally chartered depository
institution or a depository institution insured by the Federal Deposit Insurance
Corporation, Federal Savings and Loan Insurance Corporation or the National Credit
Union Administration, other than any overdraft charge made with respect to a
checking or savings account, if the loan bears the usual and customary interest rates
for the category of loan involved, is made on the basis that assures repayment, is
evidenced by a written instrument and is subject to a due date or amortization
schedule. Each endorser or guarantor of the loan, however, shall be considered to
have contributed that portion of the total amount of the loan for which the person
agreed to be liable in a written agreement, except if the endorser or guarantor is the
candidate's spouse;
F. Any nonpartisan activity designed to encourage individuals to vote or to
register to vote;
G. Any communication a membership organization or corporation makes to its
members, shareholders or employees if the membership organization or corporation is
not organized primarily for the purpose of influencing an election to office; and
H. The payment of compensation for legal and accounting services rendered to
a candidate if the person paying for the services is the regular employer of the
individual rendering the services and the services are solely for the purpose of insuring
compliance with the provisions of this chapter.
2.41.030 Contribution Limits. With respect to a single election:
A. A person or political committee shall not contribute an aggregate amount
exceeding:
1. For a person, $50 to a candidate or principal campaign committee of a
candidate for election to the office of mayor, city councilor, park commissioner,
municipal judge or recorder or to any political committee organized exclusively to
support or to oppose any measure.
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2. For a political committee, $100 to a candidate or principal campaign
committee of a candidate for election to the office of mayor, city councilor, park
commissioner, municipal judge or recorder or to any political committee organized
exclusively to support or to oppose one or more measures.
B. For candidates and political committees who adopt the expenditure limits as
defined in section 2.41.040, a person or political committee shall not contribute an
aggregate amount exceeding:
1. For a person, $100 to a candidate or principal campaign committee of
a candidate for election to the office of mayor, city councilor, park commissioner,
municipal judge or recorder or to any political committee organized exclusively to
support or to oppose any measure.
2. For a political committee, $200 to a candidate or principal campaign
committee of a candidate for election to the office of mayor, city councilor, park
commissioner, municipal judge or recorder or to any political committee organized
exclusively to support or to oppose one or more measures.
C. With respect to a single election, an individual under 18 years of age shall
not contribute an aggregate amount exceeding $25 to any single candidate.
D. A candidate, principal campaign committee or other political committee shall
not accept a contribution in excess of the limits contained in this section.
E. Nothing in this section shall limit the amount a candidate may contribute from
the candidate's personal funds to the candidate or the candidate's principal campaign
committee. Subject to section 2.41.050, a candidate may make unlimited expenditures
from personal funds.
2.41.040 Expenditure Limit Definitions. As used in sections 2.41.040 to 2.41.090:
A. "Attributable expenditure" means an expenditure from contributions, including
any loans received, including accounts payable, made or authorized:
1. By the candidate or a person acting for the candidate;
2. For the treasurer of the candidate or the candidate's principal
campaign committee;
3. For another person or political committee under the direction or
control of the candidate or the treasurer of the candidate or the candidate's principal
campaign committee.
B. "Attributable expenditure" does not include an expenditure that is a
repayment on a loan or an independent expenditure. C. "Recorder" means the City Recorder.
D. "With respect to the special or primary election" means the period beginning
on the date that the name of a treasurer is certified to the recorder under ORS
260.035 or 260.037 or the day following the last day of the accounting period for a
previous statement of contributions received or expenditures made if the statement
shows an expended balance of contributions or an expenditure deficit, and ending on
the 20th day after the date of the special or primary election.
E. "With respect to the general election" means the period extending from the
date the name of a treasurer for the candidate or the principal campaign committee of
the candidate is certified to the recorder and ending on December 31.
PAGE 5 - ORDINANCE Ip:ord\campaign.912)
2.41.050 Expenditure Limits. A. A candidate for 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 make attributable expenditures in excess of $2,500 for any public office.
B. The treasurer of a political committee organized exclusively to support or to
oppose one or more measures may file a declaration of limitation on expenditures as
described in section 2.41.060 with the recorder stating that the political committee will
not make attributable expenditures in excess of $5,000 for any measure.
C. For purposes of this section, attributable expenditures made prior to the
applicable special, primary or general election reporting period in consideration for
goods to be delivered or services to be rendered solely during the special, primary or
general election reporting period shall be charged against the expenditure limits
described in subsections A and B of this section in the reporting period during which
the goods or services are delivered.
D. A candidate or political committee described in subsections 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 excess of the limits described in subsections A and B of this
section shall not be bound by the declaration if any opposing candidate or political
committee for the same public office or measure 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 applicable limit.
E. The recorder is authorized to adjust annually on April 1st of each year the
expenditure limits imposed by this section to account for inflation, based on the
Consumer Price Index - All Urban Consumer Portland Index (CPI-U) December to
December.
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 campaign committee of the
candidate 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 prescribe forms for the filing of the information required by
this section. The forms shall also include:
1. The name of:
a. The candidate by which the candidate is commonly known and
by which the candidate transacts important private or official business; or
b. The treasurer and the committee name for any political
committee formed exclusively for the support of or the opposition to one or more
measures.
2. The mailing address of:
a. The residence of the candidate; or
b. The treasurer of the political committee.
3. The signature of:
a. The candidate; or
b. The treasurer of the political committee.
C. The declaration shall be filed with the recorder:
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1. For a candidate, not later than the date the candidate files the name of
the candidate's campaign treasurer; and
2. For a political committee, not later than the date that the name of a
treasurer is certified to the recorder under ORS 260.035 or 260.037.
2.41.070 Expenditures Not Qualifying as an Independent Expenditure. A. An
expenditure not qualifying as an independent expenditure shall be considered an
in-kind contribution to the candidate or the principal campaign committee of the
candidate or political committee and an expenditure by the candidate or the principal
campaign committee of the candidate or political committee.
B. For purposes of section 2.41.050, the amount of an expenditure not
qualifying as an independent expenditure shall count against the expenditure limits of
the candidate or political committee for whose benefit the expenditure was made.
C. For purposes of the contribution limitations established by section 2.41.030,
the amount of an expenditure not qualifying as an independent expenditure shall count
against the contribution limits of the person or political committee making the
expenditure.
D. No person, including a candidate or political committee, shall report an
expenditure as an independent expenditure if the expenditure does not qualify as an
independent expenditure under section 2.41.010. E.
2.41.080 Procedures and Appeals. A. With respect to any election, the recorder shall
examine each contribution and expenditure statement of each candidate and political
committee who filed a declaration of limitation on expenditures under section 2.41.050
to determine whether any candidate or political committee exceeded the applicable
expenditure limit. If the recorder determines after any filing that a candidate or political
committee has exceeded the applicable expenditure limit, the recorder shall send a
notice of the recorder's determination to the candidate or the treasurer of the political
committee. If the recorder determines that the recorder or any candidate for election to
an office for which the recorder is also a candidate for election has exceeded the
applicable expenditure limit, the information shall be sent to the city attorney, who shall
be substituted for the recorder in any enforcement proceeding 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.
B. A hearing to contest the determination that a candidate or political committee
has violated the declaration of limitation on expenditures as described in subsection A
of this section and to consider circumstances in mitigation shall be held before a
hearings officer appointed by the city administrator:
1. Upon request of the candidate or political committee, if the request is
made not later than the seventh day after the candidate received the notice sent under
subsection A of this section; or
2. Upon the recorder's or city attorney's own motion if the motion is filed
not later than the seventh day after the candidate received the notice sent under
subsection A of this section.
C. All parties shall be afforded an opportunity for hearing after reasonable
notice, served personally or by registered or certified mail.
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1. The notice shall include:
i. A statement of the party's right to hearing, or a statement of the
time and place of the hearing;
ii. A statement of the authority and jurisdiction under which the
hearing is to be held;
iii. A reference to the particular sections of this chapter involved;
and
iv. A short and plain statement of the matters asserted or charged.
2. Parties may elect to be represented by counsel and to respond and
present evidence and argument on all issues involved.
3. Informal disposition may be made of any case by stipulation, agreed
settlement, consent order or default.
4. At the commencement of the hearing, 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 received.
6. The hearings officer shall place on the record a statement of the
substance of any written or oral ex parte communications on a fact in issue made to
the officer during the pendency of the proceeding and notify the parties of the
communication and of their right to rebut such communications.
7. The hearings officer shall insure that the record developed at the
hearing shows a full and fair inquiry into the facts necessary for consideration of all
issues properly before the presiding officer in the case.
8. A verbatim oral, written or mechanical record shall be made of all
motions, rulings and testimony. The record need not be transcribed unless requested
for purposes of rehearing or court review. The city may charge the party requesting
transcription the cost of a copy of transcription.
D. The candidate or the treasurer of the political committee need not appear in
person at a hearing held under this section, but instead may submit written testimony
and other evidence, subject to the penalty for false swearing, to the recorder for entry
in the hearing record. Such documents must be received by the recorder not later
than five business days before the day of the hearing.
2.41.090 Penalties. A. If the recorder or city attorney finds under section 2.41.080 that
a candidate or political committee filing a declaration of limitation on expenditures
under section 2.41.050 has exceeded the applicable expenditure limit, the recorder or
the city attorney may impose a civil penalty in the manner provided in subsection G of
this section.
B. The recorder or the city attorney may impose a civil penalty not to exceed
$500 for any violation of section 2.41.070.D. The civil penalty shall be imposed in the
manner provided in subsection G of this section.
C. The recorder or city attorney shall exempt any candidate or political
committee from the imposition of civil penalties under subsections A and B of this
section if the recorder or the city attorney finds the candidate or political committee
has exceeded the applicable expenditure limit by a minimal amount. The recorder shall
adopt by rule standards and procedures for exempting any candidate or political
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committee from the imposition of civil penalties under subsections A and B of this
section. The rule shall apply in the same fashion to all candidates and political
committees for the same office or measure.
D. Except as provided in subsection E of this section, the recorder or the city
attorney shall impose a civil penalty in the manner provided in subsection G of this
section for each violation of any provision of section 2.41.030.
E. Notwithstanding subsection G of this section, the recorder or city attorney
shall impose a civil penalty not to exceed the greater of $100 or two times the amount
of any:
1. Contribution made or received in violation of section 2.41.040; or
2. Contribution that exceeds the limit specified in section 2.41.030.
F. If a candidate or the principal campaign of a candidate violates any provision
of section 2.41.030, the candidate shall be personally liable for the amount to be paid
under this section. If a political committee, other than a principal campaign committee,
violates any provision of section 2.41.030, the directors shall be jointly and severally
liable for any amount to be paid under this section.
G. Civil penalties under this chapter may only be imposed as provided in this
subsection.
1. A civil penalty shall become due and payable 10 days after the order
imposing the civil penalty becomes final by operation of law or on appeal. A person
against whom a civil penalty is to be imposed shall be served with a notice in the form
and manner provided in 2.41.080.
2. The person to whom the notice is addressed shall have 20 days from
the date of service of the notice to make written application for a hearing. If no
application for a hearing is made within the time allowed, the city may make a final
order imposing the penalty. A final order entered under this paragraph need not be
delivered or mailed to the person against whom the civil penalty is imposed.
3. Any person who makes application for a hearing as provided for in
paragraph 2 of this subsection G shall be entitled to a hearing.
4. When an order assessing a civil penalty under this subsection
becomes final by operation of law or on appeal, and the amount of penalty is not paid
within 10 days after the order becomes final, the order may be recorded with the
county clerk in any county of this state. The clerk shall thereupon record the name of
the person incurring the penalty and the amount of the penalty in the County Clerk
Lien Record.
5. Informal disposition of proceedings under this section, whether by
stipulation, agreed settlement, consent order or default, may be made at any time.
6. Upon the recording of an order in the manner provided by subsection
4 of this section, an agency may initiate proceedings to enforce the order by filing in
the circuit court for the county where the order is recorded a certified copy of the civil
penalty order and a certified copy of the recording made in the County Clerk Lien
Record. Subject to any other requirements that may apply to the enforcement
proceedings sought by the city, the court shall then proceed as with judgments issued
by the court.
7. Enforcement proceedings available to the city after the filing provided
for in paragraph 4 of this subsection include:
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(i) Writ of execution proceedings under ORS 23.030 to 23.105 and
ORS 23.410 to 23.600;
(ii) Supplementary proceedings under ORS 23.710 to 23.730;
(iii) Garnishee proceedings under ORS 29.285 to 29.335; and
(iv) Renewal of judgment under ORS 18.360.
2.41.100 Recorder Responsibilities. The recorder shall:
A. Adopt rules as necessary to carry out the provisions of sections 2.41.040 to
2.41.090.
B. Prescribe forms for declarations required by section 2.41.050, and furnish the
forms to persons required to file.
C. Investigate when appropriate under the provisions of sections 2.41.040 to
2.41.090.
2.41.110 Publication. A. The recorder shall:
1. For each candidate and political committee described in section
2.41.050, publish a statement in a newspaper of general circulation and published in
the City, and any other medium the recorder shall deem appropriate, indicating
whether or not the candidate has agreed to limit expenditures under section 2.41.050.
2. Include the statement described in subsection 1 on the nominating
petitions of all prospective candidates for public office.
B. If a candidate or political committee described in section 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 or measure at the same election has not agreed to limit expenditures or has
exceeded the applicable expenditure limit, the published statement described in
subsection 2.41.110.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
committee for the same office or measure at the same election has not agreed to limit
expenditures or has exceeded the applicable spending limit.
C. If the recorder or the city attorney finds under section 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 candidate for election to public 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.
2.41.120 Definition of Single Political Committee. For the purposes of the contribution
limitations established by section 2.41.030:
A. Contributions shall be considered to be made by a single political committee
if made by more than one political committee established, financed, maintained or
controlled by the same person or persons, including any parent, subsidiary, branch,
division, department or local unit of the person or by a group of those persons.
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B. Under subsection A of this section:
1. All political committees established by a single corporation or its
subsidiaries are treated as a single political committee;
2. All political committees established by a labor organization are treated
as a single political committee unless the political committee is established by a local
unit of a labor organization that has the authority to endorse candidates subject to
section 2.41.030 independently of the labor organization's state or national
organization and if the local unit contributes only funds raised from its own members;
and
3. All political committees established by substantially the same group of
persons are treated as a single political committee.
C. Contributions shall be considered to be made by a single person if made by
any parent, subsidiary, branch, division, department or local unit of the same person.
D. The recorder shall investigate any alleged violation of this section only upon
receiving a complaint filed under ORS 260.345.
2.41.130 Personal and Independent Expenditures. A. With respect to a single election
at which a candidate subject to section 2.41.030 seeks election, if a candidate
contributes the candidate's own personal funds, makes a loan from the candidate's
own personal funds to the candidate's campaign or receives contributions from
members of the candidate's immediate family in an aggregate amount exceeding the
amount specified in subsection C of this section, any other candidate for the same
office and any contributions to that other candidate shall, pursuant to subsection D of
this section, be exempt from the contribution limits applicable under section 2.41.030.
B. Any person or political committee making an independent expenditure in
excess of the amount specified in subsection C on behalf of or in opposition to a
candidate subject to section 2.41.030, shall deliver notice as provided in subsection E
of this section. The applicable expenditure limit, pursuant to subsection E of this
section, shall no longer be binding on any candidate seeking election to the same
office, and any candidate running for the same office who accepted expenditure limits
shall be permitted to continue to receive contributions at the amount set for such
candidates in section 2.41.030.
C. This section applies if:
1. A candidate for election to an office specified in section 2.41.030
contributes the candidate's own personal funds, makes a loan from the candidate's
own personal funds to the candidate's campaign or receives contributions from
members of the candidate's immediate family in an aggregate amount exceeding 50%
of the applicable expenditure limits; or
2. A person or political committee makes an independent expenditure on
behalf of or in opposition to a candidate specified in section 2.41.030 in an amount
exceeding 25% of the applicable expenditure limit.
D. Within 24 hours after the contribution or loan is made, any candidate who
contributes or loans personal funds to the candidate's campaign or receives from
members of the candidate's immediate family in an aggregate amount exceeding the
applicable amount specified in subsection C of this section shall give written notice of
the fact to the recorder and to all other candidates for the same office at the same
election for whom a nominating petition or principal campaign committee has been
PAGE 11 - ORDINANCE
filed. The candidate shall also supply written proof to the recorder that all other
candidates for the same office were given notice. The notice shall be given by
registered or certified mail or by some other method that provides written proof that
the notice was given. From the time the notice is received under this subsection, any
other candidate for the same office at the same election, and any contributions made
to that candidate are not subject to any contribution limits otherwise applicable under
section 2.41.030 until such time as the candidate contributes to the candidate's own
campaign an amount exceeding the applicable amount specified in subsection C of
this section.
E. Within 24 hours after funds for an independent expenditure are obligated,
any person or political committee making an independent expenditure in an aggregate
amount exceeding the applicable amount specified in subsection C of this section shall
give written notice of the fact to the recorder and to all other candidates for the same
office at the same election for whom a nominating petition or principal campaign
committee has been filed. The person or political committee shall also supply written
proof to the recorder that all other candidates for the same office were given notice.
The notice shall be given by registered or certified mail or by some other method that
provides written proof that the notice was given. The notice shall describe the amount
and use of the expenditure. An expenditure is obligated when an expenditure is made
or an agreement to make an expenditure is made. The notice shall specifically state
the name of the candidate the independent expenditure is intended to support or
oppose. Each new expenditure shall require the delivery of an additional new notice.
From the time the notice is received under this subsection, any other candidate for the
same office at the same election and any expenditures made by those candidates are
not subject to any expenditure limits otherwise applicable under section 2.41.050 until
such time as an independent expenditure is made in support of or opposition to all
other candidates in an amount exceeding the applicable amount specified in
subsection C of this section.
F. As used in this section, the "candidate's immediate family" means a
candidate's spouse and any child, parent, grandparent, brother, half-brother, sister or
half-sister of the candidate and the spouses of such persons.
The foregoing ordinance was first read by title only in accorCanpe with Article X,
Section 2(C) of the City Charter on the /;,¢ day of .~;~4.~¢'~ , 1995, and
duly P,,ASSED and ADOPTED this ._~ day of ~_~~ ,1995.
Barbara Christensen, City Recorder
SIGNED and APPROVED this ~
Paul Nolte, City Attorney
day of
Catherine M. Golden, Mayor
PAGE 12 - ORDINANCE