077 of 1998 - Campaign Finance Disclosure0 98-1
0 98-26
SALT LAKE CITY ORDINANCE
No. 77 of 1998
(Campaign Financing Disclosure)
AN ORDINANCE AMENDING CHAPTER 2.46, SALT LAKE CITY CODE,
RELATING TO CAMPAIGN FINANCING DISCLOSURE.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Chapter 2.46, Salt Lake City Code, be, and the same hereby is,
amended to read as follows:
Chapter 2.46. CAMPAIGN FINANCING DISCLOSURE
2.46.010. Definitions.
2.46.020. Personal campaign committee required.
2.46.030. Registration with city recorder.
2.46.040. Changes in or withdrawal from a personal campaign committee.
2.46.050. Contributions to candidates - Limitations.
2.46.060. Responsibility for political communications required.
2.46.070. Contributions in the name of another prohibited.
2.46.080. Voluntary limitation on contributions and expenditures.
2.46.090. Financial statements - Filing dates.
2.46.100. Statements on file with city recorder - Available for public inspection.
2.46.110. Failure to file financial statements.
2.46.120. Unlawful acts designated - Violation - Penalty.
2.46.130. Form of filings; electronic filing and record storage.
2.46.140 Computation of Time
2.46.010. Definitions.
For the purpose of this chapter the following words shall have the meaning as
defined in this chapter:
A. "Candidate" means any person who:
1. Files a declaration of candidacy for an elective 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 non -monetary contributions such as in -kind contributions
and contributions of tangible things, except a loan of money by a financial institution
made in accordance with 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 paragraph (B)(1) ;
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.
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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: (a) with respect to a general city election or a city
primary election for an elective position, the four year period that ends on the day of the
next general city election for such elective position; and (b) with respect to an election to
fill an unexpired term of office, the period that begins on the earlier of (i) the day the
vacancy occurs or (ii) the day the impending vacancy is publicly announced, and ends on
the day of the election to fill such vacancy.
E. "Election year" means a calendar year during which a primary or general
election is held or is scheduled to be held.
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 paragraph (E)(1); 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.
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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 political committee appointed
by a particular candidate to act for such candidate as hereinafter provided.
L. "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.
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 period" means the period between the closing date of the last
filed financial statement, if any, and the closing date of a financial statement to be filed.
The closing date is the date on which a financial statement is required to be filed. A
reporting period shall not be longer than 365 days.
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2.46.020. Personal campaign committee required.
A candidate shall appoint a personal campaign committee consisting of one or
more persons; or such candidate alone may constitute such a committee. No candidate
shall appoint more than one personal campaign committee and no candidate shall solicit
or receive contributions or authorize expenditures in furtherance of his or her candidacy
except through such candidate's personal campaign committee. Each personal campaign
committee shall appoint a secretary. If the personal campaign committee consists of only
one person, such person is deemed the secretary. If the candidate acts as the personal
campaign committee, the candidate is deemed the secretary.
2.46.030. Registration with city recorder.
Before a personal campaign committee or a political committee solicits or
receives its first contribution, or makes its first expenditure, such committee shall file a
written statement with the city recorder, which filing shall constitute registration with the
city by such candidate or committee:
A. The written statement of a personal campaign committee shall be
personally 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 of such committee and of its
secretary;
B. The written statement of a political committee other than a personal
campaign committee shall be signed by the chairperson of such committee, shall state
that such committee exists, and shall list the name and address of each of its officers.
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2.46.040. Changes in or withdrawal from a personal campaign committee.
A. Any candidate may revoke the selection of any member of such
candidate's personal campaign committee by: (1) revoking that person's appointment in
writing; (2) personally serving the written revocation on the person whose appointment is
revoked; and (3) filing a copy of the written revocation with the city recorder.
B. Any individual may voluntarily withdraw from a personal campaign
committee by filing a written notice of withdrawal with the city recorder. The date of
withdrawal is the date the notice is received by the city recorder.
C. A candidate may select a replacement to fill any vacancy on the
candidate's personal campaign committee. In the case of a vacancy in the office of
secretary of a personal campaign committee, the candidate shall be deemed the secretary
until a replacement secretary is appointed.
D. A candidate may appoint additional persons to the personal campaign
committee. The candidate shall file with the city recorder a written notice containing the
name and address of any additional or replacement members of the personal campaign
committee.
2.46.050. Contributions to candidates - Limitations.
A. No person shall make cash contributions 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, which exceed, in
the aggregate, fifty dollars.
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
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political committee with respect to any election for city office, which, in the aggregate,
exceed the following amounts:
Office Amount
Mayor $7,500
City Council $1,500
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, address and telephone number of such
contributor.
D. The limitations imposed by this section shall not apply to contributions by
a candidate of the candidate's own resources to the candidate's own campaign.
2.46.060. 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
political committee responsible for its broadcast or publication.
2.46.070. Contributions in the name of another prohibited.
No person shall make a contribution in the name of another person or make a
contribution with another person's funds in his or her own name, and no political
committee shall knowingly accept any such contribution.
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2.46.080. Voluntary limitation on contributions and expenditures.
A. Contract to limit. A candidate may sign a contract with the city pursuant
to which the candidate agrees: (1) not to make contributions during any election cycle to
his or her own personal campaign committee in an amount exceeding $3,000, in the case
of candidates for the city council, and $75,000, in the case of candidates for mayor; and
(2) to limit total campaign expenditures during any election cycle by his or her personal
campaign committee to an amount not exceeding $15,000, in the case of candidates for
the city council, and $375,000, in the case of candidates for mayor. Except as provided in
subsection (B), the city recorder shall require that each candidate either enter into such a
contract or sign a written statement declining to enter into such a contract, on the earliest
of the following: (i) the day the candidate establishes a personal campaign committee
pursuant to Section 2.46.030; or (ii) the day the candidate files a declaration of candidacy
with the city.
B. Existing committees. With respect to any personal campaign committee
which exists prior to the effective date of this ordinance, on February 15, 1999, the city
recorder shall require the candidate for whom such committee exists to either enter into
such a contract or sign a written statement declining to enter into such a contract.
C. Form of contract. The city, with the approval of the city attorney, shall
prepare a form of contract, containing in substance the requirements set forth in
subsection (A), for use by candidates and the city in complying with this section.
D. Reversal of decision.
1. If a candidate for an office has entered into the contract described in
subsection (A), and thereafter another candidate for the same office declines to enter into
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such a contract, the candidate may, within fifteen days after the city recorder provides
public notice of such other candidate's decision not to enter into the contract, void the
contract.
2. If a candidate has entered into the contract described in subsection (A),
and thereafter such candidate determines that a person is making independent
expenditures in opposition to the candidate's candidacy, the candidate may, at any time
after making such determination, by a written document provided to the city recorder,
void the contract.
3. If a candidate for an office has declined to enter into the contract described
in subsection (A), and thereafter another candidate for the same office enters into such a
contract, within fifteen days after the city recorder provides public notice of such other
candidate's contract the candidate may, unless he or she has already exceeded the
contribution or expenditure limit, enter into such a contract.
E. Publicity by city. Within forty-eight hours after any candidate either
enters into a contract or signs a written statement declining to enter into such a contract
pursuant to subsection (A), the city recorder shall make available to the public a report
stating whether or not such candidate entered into such a contract. The city recorder shall
also promptly make available to the public: (i) any reversal of a decision to exceed or not
to exceed the contribution or expenditure limits set forth in subsection (A), other than a
reversal pursuant to subsection (C)(1); and (ii) any violation of a contract entered into
pursuant to this section.
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2.46.090. Financial statements - Filing dates.
A. Each political committee and personal campaign committee shall file with
the city recorder a verified financial statement containing the information required in this
section, on the following dates:
1. On September 1 of any election year;
2. Seven days prior to any general or primary election conducted by the city;
3. Not later than thirty days after the date of the general election; and
4. On February 15 of every year unless a termination report has been filed
with the city recorder as provided by subsection H of this Section 2.46.090 or its
successor.
B. Candidates for elective office who are eliminated at a primary election
shall file with the city recorder a verified financial statement containing the information
required by this section not later than thirty days after the primary election.
C. During the seven-day period before any election, each political committee
and personal campaign committee shall file with the city recorder a verified report of
each contribution over $500, in the case of candidates for the city council, and over
$2,000, in the case of candidates for mayor, within 24 hours after receipt of each such
contribution. Such report shall contain the information required by subparagraphs (D)(2)
and (3).
D. Each financial statement shall contain:
1. A summary of contributions and expenditures reported in previously filed
financial statements;
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2. A list of each contribution in excess of fifty dollars received by the
committee or the candidate during the reporting period, the name and address of the
contributor of each such contribution, the amount of the contribution, and the date on
which each such contribution was received;
3. In the case of any contribution of two hundred fifty dollars or more, in
addition to the information required by subparagraph (D)(2), a statement identifying the
contributor as either an individual, a political committee or a business entity. If the
contributor is a political committee, the statement shall identify the political purpose of
the political committee. If the contributor is a business entity, the statement shall identify
the business purpose of such business entity.
4. An aggregate total of all contributions of fifty dollars or less received by
the committee or the candidate during the reporting period;
5. A list of all expenditures made during the reporting period, the name and
address of every recipient of an expenditure, the amount of each expenditure, the date on
which each expenditure was made, and the purpose of each expenditure made, including
the purpose of making payments to credit card companies and consultants;
E. Each financial statement shall contain a statement by the secretary or by
the chairperson of the committee to the effect that:
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;
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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.
F. In the event the political committee or personal campaign committee had
no contributions or expenditures during the reporting period, the financial statement shall
state that no contributions were received and no expenditures were made during that
reporting period.
G. Within thirty days after distribution of any surplus campaign funds and/or
the payment or compromise of all debts, a political committee or personal campaign
committee shall file a 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 which was paid or compromised and the name and
address of any person to whom any debt was paid or compromised.
H. In the event a political committee or personal campaign committee has
permanently ceased operations, the secretary or chairperson of the committee shall file a
termination report with the city recorder certifying that the personal campaign committee
or political committee has permanently ceased operations.
I. The requirements of this chapter shall not be construed to abrogate the
necessity of making any other reports or disclosure required by law.
J. With respect to contributions received and expenditures made prior to the
effective date of this ordinance, the first financial statement filed pursuant to this section
need only contain the information required by this section to the extent such information
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is known by the personal campaign committee or political committee which files such
financial statement.
2.46.100. Statements on file with city recorder - Available for public inspection.
A. Forms for all statements required by this chapter shall be prepared by the
city recorder and copies thereof, together with a copy of this chapter, shall be furnished
by the city recorder to the secretary of every political committee or personal campaign
committee, to every candidate and to all others who make a request therefor.
B. All statements and reports required by this chapter shall be open to public
inspection and copying at the office of the city recorder during normal business hours.
All such statements and reports 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.
C. The city recorder shall inspect all financial statements and reports within
two days after the same are filed. In addition, the city recorder shall inspect any filed
financial statement or report within two days after receiving a complaint from a candidate
or a voter that such 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 financial statement or report required by this chapter, or that a 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.
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2.46.110. Failure to file financial statements.
A. Upon the failure of any political committee or personal campaign
committee to file or correct a financial statement within five days after receiving notice
under Section 2.46.100(C) of this chapter, or its successor, or if, in the exercise of
reasonable discretion, the city recorder questions the accuracy or completeness of a
financial statement or report, the city recorder, by telephone or other means of
communication, shall request of the secretary of such committee an examination of all
books and records of such committee. The secretary of such committee shall provide such
books and records to the city recorder, at the office of the city recorder, for inspection
within one day after receiving such request for examination.
B. If a political committee or personal campaign committee or person fails to
file or correct a financial statement within five days after receiving notice under Section
2.46.100(C) 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 to the city attorney copies of all papers and other information in the city
recorder's possession relating thereto. The city attorney, upon receipt of such complaint
or the complaint of any other person, shall enter forthwith the same in a docket kept for
that purpose in his or her office and within ten days thereafter shall examine such
complaint. If the city attorney deems evidence to be sufficient, he or she shall institute
such civil or criminal proceedings as the city attorney may deem appropriate, to enforce
the provisions of this chapter.
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2.46.120. Unlawful acts designated - Violation - Penalty.
A. The name of a candidate shall not be printed on, or if already printed shall
be removed from, the official ballot for the ensuing election unless all financial
statements relating to the candidate have been filed by the candidate or the candidate's
personal campaign committee as required by this chapter, or its successor.
B. It is unlawful to administer the oath of office or to issue a certificate of
election to any candidate for the offices of mayor or councilmember until the candidate's
personal campaign committee has filed financial statements and reports as required by
this chapter, or its successor, which financial statements and reports shall be complete
upon their face and show compliance to the provisions of this chapter. No person shall
perform the duties of the office to which he or she was elected until such person's
personal campaign committee has filed the required financial statements and reports, nor
shall such person receive any salary or fees prior to the filing of such financial statements
and reports.
C. It shall be a misdemeanor, punishable as provided by Chapter 1.12 of this
code, or its successor, for any person to fail to file any statement specified in this chapter
or to knowingly or willfully falsify or omit any information required by any of the
provisions of this chapter, or its successor.
D. It shall be an infraction, punishable by a $500 fine for each violation, for
any candidate, either personally or through a personal campaign committee, to receive a
contribution in violation of the limits set forth in Section 2.46.050(A) of this chapter, or
its successor.
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E. 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.
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 done in written form on paper. The city recorder is directed to
implement, no later than June 1, 1999, an electronic filing and record storage system for
filings provided for by this chapter. After the implementation of such a system by the
city recorder, filings made pursuant to this chapter may be made either in written form on
paper or by electronic media consistent with such system.
2.46.140 Computation of time.
In computing any period of time prescribed or allowed by this chapter, the day of
the act, event, or default from which the designated period of time begins to run shall not
be included. The last day of the period so computed shall be included, unless it is a
Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the
next day which is not a Saturday, a Sunday, or a legal holiday. When the period of time
prescribed or allowed is less than ten days, intermediate Saturdays, Sundays, and legal
holidays shall be excluded from the computation.
SECTION 2. EFFECTIVE DATE. This ordinance shall take effect on the date of
first publication.
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Passed by the City Council of Salt Lake City, Utah, this 20
October
ATTEST:
,1998
CHIEF r EPUTY CIT ' COER
Transmitted to the Mayor on October 28, 1998
Mayor's Action: xx Approved. Vetoed.
ATTEST:
HIEF I EPL TY CIT
(SEAL)
Bill No. 77 of 19,f9f3
Published: November 5, 1998
0rdina98\Campaign finance reform 10-15-98 clean doc
MAYOR
day of
APPHOVLD A I U f-CHM
Salt Lake City Attorneys Office
Date /C% PZv — 7Y
By
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