HomeMy WebLinkAbout70 of 1981 - Amending Title 25 by adding thereto a new Chapter 27, Sections 1 through 13, relating to disclosure AN ORDINANCE
AN ORDINANCE AMENDING Title 25 of the Revised Ordinances of
Salt Lake City, Utah, 1965, by adding thereto a new Chapter 27,
Sections 1 through 13, relating to disclosure of campaign financing.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Title 25 of the Revised Ordinances of Salt
Lake City, Utah, 1965, by adding thereto a new Chapter 27, Sections
1 through 13, relating to disclosure of campaign financing, be, and
the same hereby is, amended to read as follows:
CHAPTER 27
CAMPAIGN FINANCING DISCLOSURE
Sections:
25-27-1. Definitions
25-27-2. Campaign committee required.
25-27-3. Campaign committee registration with City
Recorder.
25-27-4. Changes in or withdrawal from a campaign
committee.
25-27-5. Contributions to candidate limitations.
25-27-6. Financial statements; filing dates.
25-27-7. Statements on file with City Recorder; available
for public inspection.
25-27-8. Failure to file statements.
25-27-9. Responsibility for political communications
required.
25-27-10. Contributions in the name of another prohibited.
25-27-11. Penalties.
25-27-12. Special Provisions for 1981.
25-27-13. Severability.
Sec. 25-27-1. Definitions. For the purpose of this
chapter the following words shall have the meaning as herein
defined.
(1) "Political purpose" means an act done with intent
or in such a way as to influence or tend to influence, directly
or indirectly, the election of a candidate or any issue on the
ballot at a municipal election.
(2) "Candidate" means any person who:
(a) Files a declaration of candidacy for an
elected office of Salt Lake City; or
(b) Received contributions or made expenditures
or consents to another person receiving contributions or
making expenditures with a view to bringing about such
person's nomination or election to such office; or
(c) Causes on his behalf, any written material
or advertisement to be printed, published, broadcast,
distributed or disseminated which indicates an intention to
seek such office.
(3) "Issue" means any question other than the
election of a candidate to city office placed upon any municipal
ballot to be affirmed or defeated by popular vote including, but
not limited to, bond issues, and referendums.
(4) "Contributions" shall mean:
(a) A gift, subscription, loan advance or
deposit of money or anything of value except a loan of
money by a national or state bank made in accordance with
the applicable banking laws and regulations and in the
ordinary course of business;
(b) A contract, promise or agreement express or
implied whether or not legally enforceable to make a
contribution for such purposes;
(c) A transfer of funds between political
committees and a candidate's personal campaign committee;
and
(d) A payment for the personal services of
another person by a person other than the candidate's
personal campaign committee for services rendered to the
candidate or such candidate's personal campaign committee;
but
(e) "Contribution" shall not include personal
services provided without compensation by individuals
volunteering their time on behalf of a candidate or such
candidate's personal campaign committee.
(5) "Expenditure" shall mean:
(a) A purchase, payment distribution, loan,
advance, deposit or gift of money or anything of value made
for the purpose of influencing the nomination or election
of any candidate, or the outcome of any issue on any city
ballot;
(b) A contract, promise or agreement express or
implied whether or not legally enforceable to make any
expenditure;
(c) A transfer of funds by a political committee
to another political committee or to a candidate's personal
campaign committee.
(6) "Primary election" means any primary election
held pursuant to Title 20 Utah Code Annotated and/or any
election held prior to the general election as provided by Title
20 Utah Code Annotated.
(7) "Election" means a general, special or primary
election conducted by the city or any of its political
subdivisions including elections limited to referendums or bond
issues.
(8) "Personal campaign committee" means the political
committee appointed by a particular candidate to act for such
candidate as hereinafter provided.
(9) "Political committee" means a person or group of
persons cooperating to aid or promote the success or defeat of a
candidate or issue, including the making of donations to a
personal campaign committee.
(10) "Person" means both natural and legal persons
including, but not limited to, business organizations, personal
campaign committees, party committees, labor unions, labor
organizations and any other organized group of individuals.
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(11) "Reporting period" means the period since the
closing date of the last filed financial statement, if any, and
the closing date of a financial statement to be filed.
Sec. 25-27-2. Campaign committee required. A
candidate shall appoint a personal campaign committee consisting
of one or more persons; or such candidate alone may constitute
such committee. No candidate shall appoint more than one
personal campaign committee and no candidate shall solicit
contributions or authorize expenditures in furtherance of his
candidacy except through his personal campaign committee. If
the personal campaign committee consists of only one person,
such person is deemed the secretary. If the candidate acts as
personal campaign committee, the candidate is deemed the
secretary.
Sec. 25-27-3. Registration with city recorder.
Before a personal campaign committee or a political committee
makes any expenditure for political purposes or incurs any
obligation, express or implied, to make an expenditure such
candidate or committee shall file a written statement with the
City Recorder:
(a) If the committee is a personal campaign
committee, the written statement shall be signed by the
candidate and shall set forth:
(1) That the personal campaign committee is
appointed or elected; and
(2) The name and address of each member and
of its secretary.
(b) If the committee is a political committee,
the written statement shall be signed by chairman and shall
list the name and addresses of its officers.
Sec. 25-27-4. Changes in or withdrawal from a
campaign committee. Any candidate may revoke the selection of
any member of such candidate's personal campaign committee by a
revocation in writing filed with the city recorder. Any
individual may voluntarily withdraw from a committee by filing a
written notice with the city recorder. The date of withdrawal
is the date the notice is received by the city recorder. A
candidate may fill any vacancy. A candidate shall be deemed the
secretary until a replacement is appointed.
Sec. 25-27-5. Contributions to candidates.
Limitations. (1) No person shall make cash contributions during
any one reporting period as set forth herein, to any candidate
or his authorized personal campaign committee, or to any
political committee with respect to any election for city office
which exceeds $50. However, there shall be no limit as to the
amount contributed by a person to a personal campaign committee
or a political committee if that contribution is made in the
form of a personal or certified check or bank draft.
(2) The acceptance of anonymous contributions is
hereby prohibited. Any anonymous contributions received by a
candidate or campaign committee shall be transmitted to the city
treasurer for deposit in the general fund.
Sec. 25-27-6. Financial statements. Filing dates.
(1) Except as otherwise provided in subsections (3) and (4) of
this section, each political committee and personal campaign
committee shall file with the city recorder a verified financial
statement containing the information required herein on the
following dates:
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(a) On the 20th day prior to any election in
which the committee has expended funds;
(b) On the 5th day prior to any election in
which the committee has expended funds;
(c) Within 24 hours after the receipt of any
contribution of $100 or more received from any one person
after the closing date of the last reporting period before
an election. In such instance, the committee shall file a
verified supplemental report listing the name and address
of the contributor.
(d) On the 30th day following any election in
which the committee has expended funds;
(e) On the fifteenth day of January of every
year;
(2) The statement shall contain all expenditures and
contributions within the reporting period. The closing date for
each statement shall be three days prior to the date which the
statement must be filed. Each financial statement shall
contain:
(a) A summary of contributions, expenditures,
loans and debts reported in previously filed financial
statements;
(b) All contributions received, expenditures
made, obligations incurred but not paid during the
reporting period except that contributions of $25 or less
need not be itemized;
(c) The name and address of each contributor
contributing over $25;
(d) The name and address of every person to whom
disbursement was made and the purposes of the expenditure.
Each statement shall be certified by the secretary of
the committee certifying to the effect that all contributions
and expenditures not heretofore reported have been reported and
that there are no bills or obligations outstanding and unpaid
except as set forth in the report.
(3) A statement is not required to be filed by a
personal campaign committee until it has received total
contributions from any one person of $100 or more or has
received total contributions of $500 or more, or has made total
expenditures of $500 or more.
(4) Other than the annual report required by
subsection 25-27-6(1) (e) of this section, no committee is
required to file the financial statement specified in subsection
(1) of this section if it made no expenditures during the
calendar year ending December 31.
(5) Within thirty days after distribution of any
surplus and/or the payment or compromise of all debts, a
political committee or personal campaign committee shall file a
termination report with the city recorder. The termination
report shall state the name and address of any person who
received surplus, the name and address of any person to whom any
debt was paid or compromised and a certification by the
secretary that the committee has permanently ceased operations.
(6) The requirements of this chapter shall not be
construed to abrogate the necessity of complying with any other
reporting or disclosure required by law.
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Sec. 25-27-7. Statements on file with city recorder;
available for public inspection. (1) Forms for all statements
required by this ordinance shall be prepared by the city
recorder and copies thereof, together with a copy of this
ordinance shall be furnished by the city recorder to the
secretary of every committee, to every candidate and to all
others who make a request.
(2) All statements required by this ordinance shall
be open to public inspection and copying at the office of the
city recorder during normal business hours and all such
statements be preserved by the city recorder for a period of
five years from January 1 of the year following the election for
which they are filed.
(3) The city recorder shall inspect all financial
statements within two days after the same are filed and if it
appears that any political committee or person has failed to
file a statement as required by law or if it appears that the
statement does not conform to law or upon complaint in writing
by a candidate or by a voter that a statement filed does not
conform to law, the city recorder shall notify the delinquent
political committee or person, in writing, requesting compliance
with this act.
Sec. 25-27-8. Failure to file statements. (1) Upon
the failure of any political committee or person to file a
statement within five days after receiving notice under section
25-27-7(3) or, if in the exercise of reasonable discretion, the
city recorder questions the accuracy or completeness of such
statement, the city recorder shall request an examination of all
books and records of such committee or person. Such books and
records shall be produced for inspection within one day after
request for examination is received.
(2) If a political committee or person fails to file
a statement within five days after receiving notice under
section 25-27-7(3) or if any statement filed discloses a
violation of this ordinance, the city recorder shall notify the
city attorney and shall furnish him copies of all papers in his
possession relating thereto and the city attorney, on such
complaint or the complaint of any other person, shall enter
forthwith the same in a docket kept for that purpose in his
office and within ten days thereafter shall examine every case.
If the evidence is deemed sufficient by the city attorney, he
shall institute such civil or criminal proceedings as may be
appropriate.
Sec. 25-27-9. Responsibility for political
communications required. Every advertisement or communication
made for a political purpose which is broadcast or published by
means of television, radio, newspaper, billboards, direct
mailings, automatic telephone equipment, paid telephonists,
leaflets, fliers, posters, bumper stickers, or other printed
matter shall contain a disclosure of the name of the committee
responsible for its broadcast or publication.
Sec. 25-27-10. Contributions in the name of another
prohibited. No person shall (a) make a contribution in the name
of another person or (b) make a contribution with another
person's funds in his own name and no committee shall knowingly
accept a contribution (a) made by one person in the name of
another person or (b) made by one person with the funds of
another person.
Sec. 25-27-11. Penalties. It shall be a misdemeanor
punishable by a fine of not more than $299 and six months in
jail for any person to fail to file any report specified in this
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ordinance or to knowingly or willfully falsify or omit any
information required by any of the provisions of this ordinance.
Sec. 25-27-12. Special Provisions for 1981.
Notwithstanding any other provision of this ordinance the
following provisions shall apply to candidates who have filed a
declaration of candidacy for an office to be filled in the
general election of November 1981:
(1) On September 16, 1981 any committee subject to
this ordinance shall file a report listing only total
contributions and expenditures as of the date of this ordinance
together with the names and addresses of those contributing more
than $99.00.
(2) For the period beginning the day after the
primary election the reports shall be filed in accordance with
section 25-27-6 provided that no report required therein shall
be required sooner than ten days after the effective date of
this ordinance.
Sec. 25-27-13. Severability. The provisions of this
chapter are to be liberally construed, to the end that the
public interest be fully protected. If any provision of this
chapter or the application thereof to any person or circumstance
is held invalid for any reason, such invalidity shall not affect
any other provisions or applications of this act which can be
effected without the invalid provision or application, and to
this end the provisions of this act are severable.
SECTION 2. This ordinance shall take effect upon
publication.
Passed by the City Council of Salt Lake City, Utah, this
1st day of September , 1981.
CHAIRiMAN
ATTEST:
_
TY V)lat
RECORDER
Transmitted to Mayor on September 1, 1981
Mayor's Action:
1.
1-&—'
MAYOR
ATTEST:
"CIT RECORDER
(S E A L)
BILL 70 of 1981 —6—
Published September 15, 1981
nog 35A
Affidavit of Publication
STATE OF UTAH,
ss.
County of Salt Lake
Shana D. Conaty
Being first duly sworn,deposes and says that he is legal
advertising clerk of the DESERET NEWS, a daily
legal Notices I Legal Notices (except Sunday) newspaper printed in the English
of alamOnitlpal election.
` language with general circulation in Utah, and
(2)(a)Files"Candidae"meansanf erson v°ioraneleledmnte published in Salt Lake City, Salt Lake County, in the
of Salt fake City;or State of Utah.
lb Received contributions or made expenditures or
consents to another p receiving contributions ormaking
expenditures with a eview t bringing about such person's
nomination
°min(c1 Cause's de°his°behaffa'ny`wnnten,material oradver- That the legal notice of which a copy is attached hereto
glesTi nl fe tav 'need,pest lnhint tinto•see,distributed or
d,ss(3)"Issue"mintlicate questienMbar
fpit ek suchecion
(3)"Issue"means any question orner:rnan me election or Pub notice to amend an ordinance relating to
a didate fo city pitied lacetl uopn aa Y--municipal ballot to
limited b Or issues,and by ere duets.!including,but not
limited to,ntri usuns,and shall
meandums.
14( ) A gift,
suhdshah mean:
(aJ a gain sof vallpel ex, loanefyn advance or dy by a}of
rioralyo or anything
bank madeu inn ccnwtmoney
the applicable disclosure of campaign financing
bankingr laws and regulations accordance and In the ordinary course of
t bUSine(b)A contract,promise or agreement express orirn-
plied whether or not legally.enforceable to make a cOetrIbu-
o Lion for such purposes;
(c)A transfer of funds between political committees and
candidate's personal campaign committee,and
si ° (d)A payment tee the prsonal s of another per-
on by a person other than the candidate's)personal campaign
committee tor servicesrendered to the candidate or such
candidate's perso aign committee;but
(e)"Contribution"shall not include personal services
< provided without compensation by individuals volunteering
their time on behalf of a candidate or such candidate's person
e al campaign committee.'Expenditure"cnase,5ne°n ental5vguflon,loan,advance, was published in said newspaper on. Sept ],5 1981
deposit or gih of money or anything Of value made for the � r
d purpose
or the outcomeof any issue oriian or ny city ballot;on d any candi-
date,(b)A contract,promise'gr agreement ex
ss or
, oiled whether or not legally enforceable to make ny expendl�
. tute: ' '
)A transfer of funds qy l committee to moth• )
r omldical committee Or-to,1 candidate's personal campaign
•
committee. °
e° (6)"Primary election" cans any primary election held Legal Advertising'Clerk
tit to Title 2 Utah Code Annotat e'any leciin
heldu for to the general election as provided by Tie Sc Utah
Code Annotated.
(7)"Election"means a general,special or primary elec.
lion conducted by the city or any of Its political subdivisions
including electins limited to referendums or bond issues.
(e)"Personal campaign m dine"means me laical core me this 29th day of
c.°ntlldaie°asnn Blna ref pit tl dinar candidate 10 ant for such 3
an(9) "Political committee"m r group of
aena°aiaarrirtg ommittee,menlmakin4 a Vart oe:roof A.D. 19 8.1..,
p campaign committee,er5(10) 'Person"m s both natural and legal persons in-
cluding,but not limited to,business organizations,personal
campaign r, committees,party committees.labor unions,labor
organizations and any other organized group Of Individuals.
(Il)"Reporting period"means the,rod since the clos-
ing date of the closing date of a if iinanclia0 statement t babe f lends it any,and the tt_/� �o, /-',,, ... �k c -- L -a
sSec.25-27-2.Campaign committee required.A candidate
s r
shall appoint a personal ca poi c hide consisting f h Notary Public
one or
committee.ers°NSor or didatcandidate
antl date aline may constitute
such
cpaign committee a d no appoint
shall solicit n
contributions o authorize expenditures In furtherance of his Ue
candidacy excep through his personal campaign committee.
I the personal campaign committee consists 1 my per-
son,such person is deemed the secretary. If the candidate
acts as
the personal
campaign committee, the candidate is
dSec.25 27.3,Registration with city recorder.before a per. the
sonal campaign committee or a political committee makes n
any expenditure for political purposes or i Curs any Oblige. in.
hen,express or imp/l ,to make an expenditure such candi-
date or committee shall file a written statement with the City ellli tl
Recorder:
the written If statement I shahs be°signndl caby the lcann didateitt d Ica
shall set forth: s 1st
(l)That the personal campaign committee is appoint.
or elected;anname a Its
(2l The and address of each member and of its MAN
CcretarY-
1 fen Is the be de is a fai mat nmmall list
thename
written
and addresses
shall be signedffi by cnalfman and Shall list the name
I and Sec.25.2s4.Csaeaes m,
Sec 2521-d.Changes in or withdrawal from a campaignof
moc'ifee. uch ce didate may re eke the selection tt any Nilson
rti in
caning filed with the camnelo r er.Any ii nv 1y0R
_vrevocation of writing filed with the city recorder.Any ng a
ictual may volwitar th withdraw from a cO date of by filing a
cheep net the with the received
retarder.The date rf r.A condi.
d the Jaye thefillnoel vacancy.
Is cy.vein by the eI shall bedee.A d the
sece may any va e Is candidate be deemed the
secretary until a Cure bunion oPcandida
No
pSer. 02 shall Contributions cashhns to candidates.Ionst ddu Limitations.rt)
roingson ioail make hereicontrn,
t a v cad any 0
autho i period a set myth necom to e, candidate it gas
aut
horized personal ect an committee,f or it any Powiicl
misf 050,However,
respect to anyshall eel ion mr a othca mount
oeribsfod y a pees, a s he no lima as 10 the itt,or
p contributed by a Of to that personal campaign ein the form
m
political committee if contribution dr s made in the form
of a personal or certified check ror ybank draft.
prohiibiited The
anonymous contributions rreceivted contributions
a hereby
date or campaign committee shall be transmitted to the city
_treasurer for depo5il'm the general fund.
Sec.25-27-6.Financial statements.Filing dates.(I)Except
as otheprwoise provided in subsections(3)and(41 of this section,
shall fileilwith committee
he city recorder pa verified finavciial committee
dontaining the information required herein on the following
ates.
(a)On the 23th day prior to any election in which tee
m cO mittee has expended funds,
(bl On the 5th day prior to any election In which the
—committee
has x24 hours afted ur Zs Within the receipt of any contribution
of 5100 or more received from ra one person after the closing
nslar r,hire Commi'try slit file °fver ttle[I c a.ii.rental
inert Ilsring ire come and address Of too COntribolor.
rot on me 3orn day eouowina any elecrlon Id which the
° tvll°f)n flip ftifeenih day of lanuare of ever ear, ,