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)