Concord |
Code of Ordinances |
Title I. GENERAL CODE |
Chapter 1. GOVERNMENT ORGANIZATION |
Article 1-3. MISCELLANEOUS REGULATIONS |
§ 1-3-6. Reporting of Campaign Contributions and Expenses.
(1)
All contributions to and expenditures by a candidate, whether direct or indirect, and known by the candidate made for the purpose of influencing the election of any candidate for the office of Mayor, Councilor-at-large, Ward Councilor, or any person or committee for the purpose of influencing the passage of any ballot or referendum question, shall be reported by each such candidate or political committee pursuant to this section.
All contributions to and independent expenditures by a political committee, whether direct or indirect, and known by the political committee made for the purpose of influencing the election of any candidate for the office of Mayor, Councilor-at-large, Ward Councilor, or any person or committee for the purpose of influencing the passage of any ballot or referendum question, shall be reported by each political committee pursuant to this section.
(2)
Definitions.
(a)
Election means any general municipal or special municipal election.
(b)
Candidate means any person publicly declared as such and for whom votes are sought in an election.
(c)
Political Committee means any organization of two or more persons to influence elections or measures, including the political committee of a political party.
(d)
Political advertising means any communication, including buttons or printed material attached to motor vehicles, which expressly or implicitly advocates the success or defeat of any candidate or measure at any municipal election.
(e)
Communication shall include, but not be 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.
(f)
Contribution shall mean a payment, gift, subscription, assessment, contract, payment for services, dues advance, forbearance, or loan to a candidate or political committee made for the purpose of influencing the election of any candidate. "Contributions" shall include the use of any thing of value but shall not include the services of volunteers who receive no pay therefore or the use of personal resources by a candidate on behalf of his candidacy.
(g)
Expenditure shall mean the disbursement of money or thing of value or the making of a legally binding commitment to make such a disbursement in the future for the purpose of influencing the election of any candidate. It does not include the candidate's filing fee or his or her expenses for personal travel and subsistence.
(h)
Measure shall mean any city charter amendment or question that is submitted or intended to be submitted to a popular vote at any municipal election.
(i)
Independent expenditures means expenditures by a person, political committee, or other entity expressly advocating the election or defeat of a clearly identified candidate which are made without cooperation or consultation with any candidate, or any authorized committee or agent of such candidate, and which are not made in concert with, or at the request or suggestion of, any candidate, or any authorized committee or agent of such candidate. As used in this paragraph, "clearly identified" means that the name of the candidate involved appears; a photograph or drawing of the candidate appears; or the identity of the candidate is apparent by unambiguous reference.
(3)
(a)
The report required by this Section shall include the following information:
1.
Name and physical address of each contributor making a contribution with a fair market value of twenty-five dollars ($25.00) or more in money, services, or any other thing of value, including fliers, advertising, handouts, fundraising expenses, paid workers, campaign signs, but not including the personal services of unpaid volunteers.
2.
Aggregate total of contributions of less than twenty-five dollars ($25.00).
3.
Date contribution was received.
4.
Aggregate total of all contributions.
5.
Itemization of all expenditures made or contracted for in accordance with such election or ballot or referendum question.
6.
Signature of the candidate or duly authorized representative of the political committee, under oath.
(b)
A report shall be filed with the City Clerk on the Tuesday four (4) weeks prior to the election and shall reflect activity for the period of time since the last municipal election; again on the Tuesday one week prior to the election, reflecting activity since the previous filing date; and finally on the Tuesday two (2) weeks following the election, reflecting activity since the final filing of the last municipal election.
(c)
Compliance with this Section shall be a qualification for the office of Mayor or Councilor. A candidate elected to the office of Mayor or Councilor shall not assume his or her office until such report has been duly filed.
(4)
Surplus campaign contributions may be used after a general or special election for fundraising activities and any 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.
(5)
(a)
All political communications shall identify the name of the candidate or political committee.
(b)
All political advertising or communications shall identify the name of the candidate who pays for the advertisement or communication or whose advertisement or communication is paid for by a political committee, whether said advertisement or communication is either for, or against, the candidate.
(c)
This section does not apply to buttons or any printed or written political advertising which is attached to or displayed on any motor vehicle.
(6)
Failure to comply with these provisions shall subject the person to the penalties listed in Section 1-5-2.
(Ord. No. 2053, § 1, 7-12-93; Ord. No. 2138, § 1, 1-9-95; Ord. No. 2762, §§ I, II, 8-10-09)