Title 5 ELECTIONS
Chapter 5.12 FAIR ELECTION PRACTICES
5.12.010 Political matter published or distributed.
5.12.020 Campaign reports.
5.12.030 Surplus campaign funds.
5.12.010 Political matter published or distributed.
A. No person, candidate or political committee shall print, publish,
distribute or broadcast or cause to be printed, published, distributed or
broadcast any political matter unless such political matter includes the name of
the person responsible for the publication or distribution of the
same.
B. No person, candidate or political committee shall expend any money
for printing, publication or broadcasting of any political matter unless such
matter states that it is a paid political advertisement and is printed,
published or broadcast by the authority of the person, candidate, political
committee or an authorized representative for a candidate or political
committee.
C. A violation of this section is a Class B offense. (Prior code
§ 4D-6)
5.12.020 Campaign reports.
A. Each candidate and political committee shall appoint an authorized
representative.
B. Each candidate or his or her authorized representative
and each authorized representative of any political committee shall file a
report with the City Clerk disclosing the names and addresses of all persons,
other than the candidate or members of his or her immediate family, who
contribute anything of value, other than volunteer services, of $25.01 or more
in an election. All campaign reports filed shall be available for public review
during the normal office hours of the City Clerk.
1. An initial report
listing contributions received since the date of the last preceding election to
fill the office for which the candidate is running shall be filed with the City
Clerk no later than noon of the 10th calendar day preceding the
election.
2. A final report of campaign contributions not previously
reported shall be filed with the City Clerk no later than 4:00 p.m. of the
Monday following the election.
3. Even if no contributions have been
received since the end of the period for which the last preceding report was
filed or due, a statement to that effect must be filed with the City
Clerk.
C. All campaign reports shall be made on the forms designated by the
City Clerk. The campaign reports shall contain a certification by the person
responsible for filing the report that the contents of the report are true and
complete to the best of their knowledge, information and belief.
D. There is
a late filing fee for each campaign report which is not filed within the time
prescribed in this section. The fee is $10.00 for each day or part of a day,
excluding Saturdays, Sundays and holidays, that a report is overdue. The maximum
late fee payable with respect to any single report is $250.00.
1. The City
Clerk shall receive an overdue campaign report even if any late filing fee has
not been paid. but the report shall not be considered officially filed until all
fees have been paid.
2. Upon receipt by the City Clerk of an overdue
campaign report, no further late filing fees shall be incurred, notwithstanding
the fact that the report is not considered officially filed.
3. It is the
personal responsibility of the candidate, if it is the report of a candidate,
and of the authorized representative of a political committee to file all
reports in complete and accurate detail and to pay all late filing fees. A late
filing fee may not be paid, directly or indirectly, from contributions to the
candidate or political committee.
E. For purposes of this section, the
failure to provide complete and accurate information on the campaign report
forms is a failure to file, provided that the City Clerk has notified the
candidate and his or her authorized representative or the authorized
representative of a political committee, in writing, of the deficiency and a
properly corrected report has not been filed within 2 weeks of the date of the
written notice. After 2 weeks, and in the absence of a filed corrected report,
daily late filing fees are thereafter payable.
F. A person may not receive
any salary or benefits from the office of the Mayor or Councilmember until all
required campaign reports have been filed and all late filing fees have been
paid.
G. A violation of this section is a Class B offense. (Prior code
§ 4D-7)
5.12.030 Surplus campaign funds.
A. Surplus campaign funds may be used at the discretion of the candidate
for any community or political purpose, except:
1. The personal use of the
candidate, the treasurer or any member of the candidate’s campaign staff,
or the family members of those individuals (however, use of surplus funds to
hold a party for campaign supporters shall be considered a permitted political
purpose); or
2. A transfer to a registered political action committee or a
candidate other than the individual for whom the funds were raised.
B. A
violation of this section is a Class B offense. (Prior code §
4D-8)
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