019 of 2005 - **Mayor Vetoed 03/26/2005 - No action taken by City Council** V ied Mijo - V� 3 /Z /O1 Y005-15
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SALT LAKE CITY ORDINANCE
No. 19 of 2005
(Campaign Financing Disclosure)
AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 2.46 OF
THE SALT LAKE CITY CODE, RELATING TO CAMPAIGN FINANCING
DISCLOSURE.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Section 2.46.010 of the Salt Lake City Code, relating to the
Campaign Financing Disclosure, be, and the same hereby is, amended as follows:
2.46.010 Definitions:
For the purpose of this chapter the following words shall have the meanings as defined in
this chapter:
A. "Candidate" means any person who:
1. Files a declaration of candidacy for an elected office of the city;
2. Receives contributions, makes 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
3. Causes, on his or her behalf, any written material or advertisement to be
printed, published, broadcast, distributed or disseminated which indicates his or her
intention to seek such office.
B. "Contribution" means:
1. A gift, subscription, donation, loan, advance, or deposit of money or anything
of value, including nonmonetary contributions such as in-kind contributions and
contributions of tangible things, except a loan of money by a financial institution made in
accordance with the applicable financial institution laws and regulations and in the
ordinary course of business, made for political purposes;
2. A contract, promise or agreement, express or implied, whether or not legally
enforceable, to make a contribution described in subsection B 1 of this definition;
3. A transfer of funds between a political committee and a candidate's personal
campaign committee; and
4. Compensation paid by a person other than the candidate's personal campaign
committee for personal services of another person rendered without charge to the
candidate or such candidate's personal campaign committee; but
5. "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.
C. "Election" means a general, special or primary election conducted by the
city, including elections limited to referendums or bond issues.
D. "Election cycle" means: 1) with respect to a general city election or a city
primary election for an elective position, the four(4) year period that ends on the
February 15 immediately following the next general city election for such elective
position; and 2) with respect to an election to fill an unexpired term of office, the period
that begins on the earlier of: a) the day the vacancy occurs, or b) the day the impending
vacancy is publicly announced, and ends on the February 15 immediately following the
next general city election for such elective position.
E. "Election year" means a calendar year during which a primary or general
election is held or is scheduled to be held.
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F. "Expenditure" means:
1. A purchase, payment, donation, distribution, loan, advance, deposit, or gift of
money or anything of value made for political purposes;
2. A contract,promise or agreement, express or implied, whether or not legally
enforceable, to make an expenditure described in subsection Fl of this definition; or
3. A transfer of funds by a political committee to another political committee or to
a candidate's personal campaign committee.
G. "Independent expenditure" means an expenditure on behalf of, or
opposing the election of, any candidate, when such expenditure is made independently of
the candidate or the candidate's personal campaign committee, and when such
expenditure is made without the prior consent, or the collusion or cooperation of, the
candidate or the candidate's personal campaign committee.
H. "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.
I. "Party committee" means any committee organized by or authorized by
the governing body of a registered political party.
J. "Person" means both natural and legal persons including, but not limited
to, individuals,business organizations, personal campaign committees, political
committees,party committees, labor unions, labor organizations and any other organized
group of individuals.
K. "Personal campaign committee" means the committee appointed by a
particular candidate to act for such candidate as hereinafter provided.
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L. "Political committee" means a 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. "Political committee" does not mean an individual, a
personal campaign committee, individuals who are related and who make contributions
from a joint checking account, an entity that provides goods or services to a candidate or
committee in the regular course of its business at the same price that would be provided
to the general public, or a business entity using its own funds, except a business entity
whose intended purpose is to act as a political committee.
M. "Political purpose" means an act done with intent or in such a way as to
influence or tend to influence, directly or indirectly, the nomination or election of a
candidate or the passage or defeat of any issue on the ballot at a municipal election.
N. "Primary election" means any primary election held pursuant to title 20A,
Utah Code Annotated, or its successor.
O. "Reporting date"means:
1. Ten (10) days before the election, for a campaign finance statement required to
be filed not later than seven (7) days before a primary or general election conducted by
the city;
2. The day of filing, for a campaign finance statement required to be filed not
later than thirty(30) days after a primary or general election conducted by the city; and
3. Three (3) days before the filing date, for any other campaign finance statement
required to be filed pursuant to this chapter.
SECTION 2. That Section 2.46.050 the Salt Lake City Code, relating to the
Campaign Financing Disclosure, be, and the same hereby is, amended as follows:
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2.46.050 Contributions To Candidates-Limitations:
A. No person shall make contributions in coin or currency during any
election cycle as set forth in this chapter, to any candidate or such candidate's personal
campaign committee, or to any political committee with respect to any election for city
office, that exceed, in the aggregate, fifty dollars ($50.00).
B. No person shall make contributions during any election cycle as set forth
in this chapter, to any candidate or his or her personal campaign committee, or to any
political committee with respect to any election for city office, which, in the aggregate,
exceed the following amounts:
Office Amount
Mayor $10,000.00
City council 2,000.00
C. The acceptance of anonymous contributions is prohibited. Any
anonymous contributions received by a candidate or a personal campaign committee or a
political committee shall be transmitted to the city treasurer for deposit in the general
fund of the city. Each contributor of a contribution shall disclose to the personal
campaign committee or political committee the name and address of such contributor.
D. The limitations imposed by subsections A through C of this section shall
not apply to contributions by a candidate of the candidate's own resources to the
candidate's own campaign.
E. Each candidate or the candidate's personal campaign committee shall
deposit each contribution received in one or more separate campaign accounts in a
financial institution and may not deposit or mingle any contributions received into a
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personal or business account.
F. The candidate or the candidate's personal campaign committee may use the
monies in campaign accounts only as follows:
1. For political purposes.
2. For expenses incurred in connection with duties of the individual as a
holder of a city office;
3. For contributions to an organization described in Section 170(c) of the
Internal Revenue Code of 1986 [26 USCS § 170(c )];
4. For transfers to a national, state, or local committee of a political party;
5. For donations to federal, state, or local candidates; or
6. For any other lawful purpose unless prohibited by subsection G of this
section.
G. A contribution shall not be converted by any person to personal use. For
purposes of this subsection G, a contribution or donation shall be considered to be
converted to personal use if the contribution or donation is used to fulfill any
commitment, obligation, or expense of a person that would exist irrespective of the
candidate's election campaign or the individual's duties as an elected official of the City.
For purposes of this subsection G, it shall not be considered a conversion to personal use
for a candidate or elected official of the City to use a contribution or donation to pay for
the attendance of one guest at a social, entertainment, or other event related to political
purposes or to the duties of the person as an elected official of the City.
SECTION 3. That Section 2.46.090 the Salt Lake City Code, relating to the
Campaign Financing Disclosure, be, and the same hereby is, amended as follows:
2.46.090 Financial Reporting:
A. Personal Campaign Committees.
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1. Each personal campaign committee shall file with the city recorder a
campaign finance statement containing the information required in this section, on the
following dates:
(a) June 1 of any election year;
(b) September 1 of any election year;
(c) Except as provided in subsection B of this section, seven(7) days prior
to any general or primary election conducted by the city;
(d)Not later than thirty(30) days after the date of the general election; and
Notwithstanding the foregoing provisions of this subsection Al, the personal
campaign committee for a candidate shall be required to file a campaign finance
statement on the dates specified in this subsection only during an election year in which
the elective office that such candidate seeks is open for election.
2. The personal campaign committee for each candidate who is eliminated at
a primary election shall file with the city recorder a campaign finance statement not later
than thirty(30) days after the primary election. Personal campaign committees for
candidates who lose at a primary election need not file a campaign finance statement
seven (7) days prior to the general election pursuant to subsection A3 of this section.
3. During the seven (7) day period before any election, each personal
campaign committee shall file with the city recorder a verified report of each contribution
over five hundred dollars ($500.00), in the case of candidates for the city council, and
over two thousand dollars ($2,000.00), in the case of candidates for mayor, within twenty
four(24) hours after receipt of each such contribution. Such report shall contain the
information required by subsection 4(d)of this section.
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4. Each campaign finance statement shall:
(a) Contain a summary of contributions and expenditures reported in
previously filed campaign finance statements during the calendar year in
which the statement is due;
(b) Except as provided in subsection 4(c):
(1) report all of the committee's or candidate's itemized and total:
(A) contributions during the election cycle as of the
reporting date; and
(B) expenditures during the election cycle as of the
reporting date; and
(2) identify:
(A) for each contribution in excess of fifty dollars ($50),
the amount of the contribution, the name and address of the
donor, and the date the contribution was made;
(B) the aggregate total of all contributions that individually
do not exceed fifty dollars ($50); and
(C) for each expenditure, the amount of the expenditure,
the name of the recipient of the expenditure, the date the
expenditure was made, and the purpose of the expenditure;
or
(c) Report the total amount of all contributions and expenditures if the
committee or candidate receives five hundred dollars ($500) or less in
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contributions and spends five hundred dollars (S500) or less on the
candidate's campaign.
5. Each campaign finance statement shall contain a statement by the
secretary or by the chairperson of the committee to the effect that:
(a) All contributions and expenditures not theretofore reported have been
reported;
(b) There are no bills or obligations outstanding and unpaid except as set
forth in the campaign finance statement;
(c) The campaign finance statement represents a good faith effort by the
committee to comply with the provisions of this chapter; and
(d) The information contained in the campaign finance statement is, to the
best knowledge of the committee, true, accurate and complete.
6. In the event the personal campaign committee had no contributions or
expenditures during the calendar year, the campaign finance statement shall state that no
contributions were received and no expenditures were made during that calendar year .
7. Within thirty(30) days after distribution of any surplus campaign funds
and/or the payment or compromise of all debts, a personal campaign committee shall file
a campaign finance statement with the city recorder. The campaign finance statement
shall state the amount of such surplus and the name and address of any recipient of such
surplus, and shall identify any debt which was paid or compromised and the name and
address of any person to whom any debt was paid or compromised.
8. In the event a personal campaign committee has permanently ceased
operations, the secretary or chairperson of the committee shall file a termination report
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with the city recorder certifying that the personal campaign committee has permanently
ceased operations.
9. The requirements of this chapter shall not be construed to abrogate the
necessity of making any other reports or disclosure required by law.
10. With respect to contributions received and expenditures made prior to the
effective date hereof, the first campaign finance statement filed pursuant to this section
need only contain the information required by this section to the extent such information
is known by the personal campaign committee that files such campaign finance
statement.
B. Political Committees.
1. Each political committee that has received contributions or made expenditures
that total at least seven hundred fifty dollars ($750) during a calendar year shall file a
verified financial statement with the city recorder on:
(a) June 1;
(b) September 1;
(c) seven (7) days before any primary or general election conducted by the
city; and
(d) January 31, reporting contributions and
expenditures as of December 31 of the previous year.
2. The political committee shall report:
(a) a detailed listing of all contributions received and expenditures made
since the filing of the last financial statement; and
(b) for financial statements filed on September 1 and before the general
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election, all contributions and expenditures as of three days before the
required filing date of the financial statement.
3. If the political committee had no contributions or expenditures since the filing
of the last financial statement, the financial statement shall state that no contributions
were received and no expenditures were made since the filing of the last financial
statement.
4. The verified financial statement shall include:
(a) the name and address of any individual that makes a contribution to the
reporting political committee, and the amount of the contribution;
(b) the identification of any publicly identified class of individuals that
makes a contribution to the reporting political committee, and the amount
of the contribution;
(c) the name and address of any political committee, group, or entity that makes a
contribution to the reporting political committee, and the amount of the
contribution;
(d) the name and address of each candidate, personal campaign committee, party
committee, or political committee that received an expenditure from the reporting
political committee, and the amount of each expenditure;
(e) the total amount of contributions received and expenditures disbursed by the
reporting political committee;
(f) a statement by the political committee's secretary or chairperson to the effect
that:
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(1) All contributions and expenditures not theretofore reported
have been reported;
(2) There are no bills or obligations outstanding and unpaid except
as set forth in the financial statement;
(3) The financial statement represents a good faith effort by the
committee to comply with the provisions of this chapter; and
(4) The information contained in the financial statement is, to the
best knowledge of the committee, true, accurate and complete; and
(g) a summary page in the form required by the city recorder that
identifies:
(1) beginning balance;
(2) total contributions during the period since the last financial statement;
(3) total contributions to date;
(4) total expenditures during the period since the last financial statement;
and
(5) total expenditures to date.
5. Contributions received by a political committee that have a value of fifty
dollars ($50) or less need not be reported individually, but shall be listed in the financial
as an aggregate total.
6. Two or more contributions from the same source that have an aggregate total
of more than fifty dollars ($50) may not be reported in the aggregate, but shall be
reported separately.
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7. Within thirty(30) days after distribution of any surplus campaign funds and/or
the payment or compromise of all debts, a political committee shall file a verified
financial statement with the city recorder. The financial statement shall state the amount
of such surplus and the name and address of any recipient of such surplus, and shall
identify any debt that was paid or compromised and the name and address of any person
to whom any debt was paid or compromised.
8. In the event a political committee has permanently ceased operations, the
secretary or chairperson of the committee shall file a termination report with the city
recorder certifying that the political committee has permanently ceased operations.
9. The requirements of this chapter shall not be construed to abrogate the
necessity of making any other reports or disclosure required by law.
10. With respect to contributions received and expenditures made prior to the
effective date hereof, the first financial statement filed pursuant to this section need only
contain the information required by this section to the extent such information is known
by the personal campaign committee or political committee that files such financial
statement.
C. Filing Time. A campaign finance statement or other report required under his
chapter shall be considered filed if it is received by the city recorder or the recorder's
office by 5 p.m. on the date it is due.
SECTION 4. That Section 2.46.100 of the Salt Lake City Code, relating to the
Campaign Financing Disclosure,be, and the same hereby is, amended as follows:
2.46.100 Forms of Statements On File With City Recorder-Notice from City
Recorder-Available For Public Inspection:
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A. The city recorder shall prepare forms for all campaign finance and
financial statements required by this chapter and shall furnish copies thereof; together
with a copy of this chapter, to the secretary of every political committee or personal
campaign committee, to every candidate, and to all others who make a request therefor.
B. 1. At the time a candidate files a declaration of candidacy and again
fourteen (14) days before each election, the city recorder shall inform the candidate in
writing or, if requested by the reporting entity, by electronic mail:
(a) of the provision of this chapter governing the disclosure of campaign
contributions and expenditures; and
(b) the dates when the candidate's campaign finance statements are
required to be filed.
(c) that if the campaign finance statement due seven(7) days before the
general election is not received in the city recorder's office by 5 p.m. on
the due date due, if practicable the candidate's name will be removed from
the ballot by blocking out the candidate's name before the ballots are
delivered to the voters, or, if removing the candidate's name is not
practicable, the voters will be informed that the candidate has been
disqualified and that any votes cast for the candidate will not be counted.
(d) that if any campaign finance statement or verified financial statement
is not filed when due, the entity or candidate may be guilty of an
infraction.
C. All statements and reports required by this chapter shall be available for
public inspection and copying at the office of the city recorder during normal business
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hours and no later than one (1)business day after the statement or report is filed. D.
The city recorder shall inspect all campaign finance statements, verified financial
statements, and reports within one day after the same are filed. In addition, the city
recorder shall inspect any filed campaign finance statement, verified financial statement,
or report within one day after receiving a complaint from a candidate or a voter that such
campaign finance statement, verified financial statement, or report does not comply with
this chapter. If it appears to the city recorder that any political committee or personal
campaign committee has failed to file a campaign finance statement, verified financial
statement, or report required by this chapter, or that a campaign finance statement,
verified filed financial statement, or report does not comply with this chapter, the city
recorder shall notify in writing the delinquent political committee or personal campaign
committee, requesting compliance with this chapter. Such notification may be given by
United States mail, hand delivery, facsimile transmission, or overnight delivery service.
SECTION 5. That Section 2.46.110 of the Salt Lake City Code, relating to the
Campaign Financing Disclosure,be, and the same hereby is, amended as follows:
2.46.110 Failure To File Financial Statements:
A. If a candidate or the candidate's personal campaign committee fails to file
a campaign finance statement due seven (7) days before the general election, the city
recorder shall inform the appropriate election official who:
1. shall:
(a) if practicable, remove the candidate's name from the ballot by blacking out
the candidate's name before the ballots are delivered to voters; or
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(b) if removing the candidate's name from the ballot is not practicable, inform the
voters by any practicable method that the candidate has been disqualified and that votes
cast for the candidate will not be counted; and
2. may not count any votes for that candidate.
B. Notwithstanding subsection(A), a candidate who files a campaign finance
statement seven (7) days before a general election is not disqualified if:
1. the statement details accurately and completely the information required under
section 2.46.090(A)(4), except for inadvertent omissions or insignificant errors or
inaccuracies; and
2. the omissions, errors, or inaccuracies are corrected in an amended report or in
the next scheduled report.
C. If a political committee or personal campaign committee or person fails to
file or correct a financial statement within two (2) days after receiving notice under
subsection 2.46.100D of this chapter, or its successor, or if any filed financial statement
or report discloses a violation of this chapter, the city recorder shall notify the city
attorney and shall furnish the city attorney copies of all papers and other information in
the city recorder's possession relating thereto. SECTION 6. That Section 2.46.120 of the
Salt Lake City Code, relating to the Campaign Financing Disclosure, be, and the same
hereby is, amended as follows:
2.46.120 Unlawful Acts Designated-Violation-Penalty:
A. It shall be an infraction, punishable as provided by chapter 1.12 of this
code, or its successor, (1) for any person to fail to file when due any required campaign
finance statement, verified financial statement, or report specified in this chapter or to
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knowingly or willfully falsify or omit any information required by any of the provisions
of this chapter, or(2) for any candidate, either personally or through a personal campaign
committee, to receive a contribution in violation of the limits set forth in subsections
2.46.050A and B of this chapter.
B. The city recorder shall monitor compliance with this chapter, or its
successor, and shall report any violations thereof to the mayor, the city council, and the
city attorney.
C. A private party in interest may bring a civil action in district court to
enforce the provisions of this chapter. In accordance with Section 10-3-208, Utah Code
Annotated, in such a civil action, the court may award costs and attorney's fees as to the
prevailing party.
SECTION 7. That Section 2.46.130 of the Salt Lake City Code, relating to the
Campaign Financing Disclosure, be, and the same hereby is, amended as follows:
2.46.130 Form Of Filings; Electronic Filing And Record Storage:
Any filing of statements, reports or other information with the city pursuant to this
chapter may be made either in written form on paper or by electronic media consistent
with the city's electronic filing system. The city shall retain any filed statements, reports
or other information pursuant to this chapter in accordance with its adopted retention
schedule.
SECTION 8. That this ordinance shall take effect immediately upon the date of
its first publication, except that the portion of Section 2 amending Salt Lake City Code
Section 2.46.050(B) shall take effect on January 1, 2006.
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•
Passed by the City Council of Salt Lake City, Utah this 1 1 day of
, 2005.
CHAIRPE ON
ATTEST:
044:1ArlA .40
CHIEF DEPUTY C Y RE ORDER APPROVED AS TO FORM
Sait Lake City Attorneys Office
bate - 19-v
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Transmitted to Mayor on I 20)
Mayor's Action: Approved. Y Vetoed.
/`lam-r .02-6f
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CH F DEPUTY CIT RECO ER
(SEAL)
Bill No. 11 of 2005. _
Published: . '
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