001 of 2001 - elections and campaign financing disclosure 0 01-1
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SALT LAKE CITY ORDINANCE
No. 1 of 2001
(Elections and Campaign Financing Disclosure)
AN ORDINANCE AMENDING SECTION 2.68.010 OF THE SALT LAKE CITY
CODE, RELATING TO ELECTIONS, AND 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 I. That Section 2.68.010, Salt Lake City Code, be, and the same hereby is,
amended to read as follows:
2.68.010 Declarations of candidacy--Salt Lake City general elections.
A. A person may become a candidate for mayor if the person is a registered voter
and:
1. The person has resided within Salt Lake City for the twelve consecutive months
immediately before the date of the election; or
2. If the territory in which the person resides was annexed into Salt Lake City, the person
has resided within the annexed territory or Salt Lake City for twelve consecutive months
immediately before the date of the election.
B. Each person seeking to become a candidate for mayor shall file a declaration of
candidacy with the city recorder during office hours and not later than 5:00 p.m. between July 15
and August 15 of any odd numbered year and pay a fee of three hundred fifteen dollars at the
time of filing the declaration. When August 15 is a Saturday or Sunday, the filing time shall be
extended until 5:00 p.m. on the following Monday. In lieu of the fee, the person may submit to
the city recorder, in addition to the declaration of candidacy, a nominating petition signed by
forty-five residents of each council district, for a total of three hundred fifteen residents, who are
at least eighteen years old. Said nominating petition shall be construed as constituting an
alternative to payment of the required fee for persons for whom such fee would create a financial
hardship.
C. The declaration of candidacy for the office of mayor shall substantially comply
with the following form:
I, (print name) , being first sworn, say that I reside at
Street, Salt Lake City, County of Salt Lake, State of Utah, Zip
Code , Telephone Number (if any) ; that as of the date of
the election for mayor on I will have resided within Salt Lake City
for the 12 consecutive months immediately before such election; that I am a
registered voter; and that I am a candidate for the office of mayor. I request that
my name be printed upon the applicable official ballots.
(Signed)
Subscribed and sworn to (or affirmed) before me by on
this day of , 2
(Signed)
(City Recorder or Notary Public)
D. A person may become a candidate for councilmember if the person is a registered
voter and:
1. The person has resided within the council district for which such person seeks office
for the twelve consecutive months immediately before the date of the election; or
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2. If the territory in which the person resides was annexed into Salt Lake City and into the
council district for which such person seeks office, the person has resided within the annexed
territory or the council district for which such person seeks office for the twelve consecutive
months immediately before the date of the election.
E. Each person seeking to become a candidate for councilmember shall file a
declaration of candidacy with the city recorder during office hours and not later than 5:00 p.m.
between July 15 and August 15 of any odd numbered year together with a fee of seventy-five
dollars. When August 15 is a Saturday or Sunday, the filing time shall be extended until 5:00
p.m. on the following Monday. In lieu of the fee, the person may submit to the city recorder, in
addition to the declaration of candidacy, a nominating petition signed by seventy-five residents of
the council district such person seeks to represent who are at least eighteen years old. Said
nominating petition shall be construed as constituting an alternative to payment of the required
fee for persons for whom such fee would create a financial hardship.
F. The declaration of candidacy for the office of councilmember shall substantially
comply with the following form:
I, (print name) , being first sworn, say that I reside at
Street, Salt Lake City, County of Salt Lake, State of Utah, Zip
Code , Telephone Number (if any) ; that as of the date of the
election for councilmember on I will have resided within council
district# in Salt Lake City for the 12 consecutive months immediately
before such election; that I am a registered voter; and that I am a candidate for the
office of councilmember for council district# . I request that my name be
printed upon the applicable official ballots.
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(Signed)
Subscribed and sworn to (or affirmed) before me by on
this day of , 2
(Signed)
(City Recorder or Notary Public)
G. 1. Any registered voter may be nominated for mayor by filing a nomination
petition with the city recorder during office hours but not later than 5:00 p.m. between July 15
and August 15 of any odd numbered year signed by:
a. Twenty-five residents of Salt Lake City who are at least eighteen years old; or
b. Twenty percent of the residents of Salt Lake City who are at least eighteen years old;
and
c. Paying a fee of three hundred fifteen dollars.
When August 15 is a Saturday or Sunday, the filing time shall be extended until 5:00 p.m.
on the following Monday. In lieu of the fee, the nominating petition may be signed by an
additional forty-five residents of each council district, for a total of three hundred fifteen
additional residents, who are at least eighteen years old. Said additional signatures on the
nominating petition shall be construed as constituting an alternative to payment of the required
fee for persons when such fee would create a financial hardship.
2. a. The petition for mayor shall substantially conform to the following form:
NOMINATION PETITION
The undersigned residents of Salt Lake City being 18 years old or older
nominate (name of nominee) to the office of mayor.
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b. The remainder of the petition shall contain lines and columns for the signatures of
persons signing the petition and their addresses and telephone numbers.
H. 1. Any registered voter may be nominated for councilmember by filing a
nomination petition with the city recorder during office hours but not later than 5:00 p.m.
between July 15 and August 15 of any odd numbered year signed by:
a. Twenty-five residents of the council district which the candidate seeks to represent who
are at least eighteen years old; or
b. Twenty percent of the residents of the council district which the candidates seeks to
represent who are at least eighteen years old; and
c. Paying a fee of seventy-five dollars.
When August 15 is a Saturday or Sunday, the filing time shall be extended until 5:00 p.m.
on the following Monday. In lieu of the fee, the nominating petition may be signed by an
additional seventy-five residents of the said council district who are at least eighteen years old.
Said additional signatures on the nominating petition shall be construed as constituting an
alternative to payment of the required fee when such fee would create a financial hardship.
2. a. The petition shall substantially conform to the following form:
NOMINATION PETITION
The undersigned residents of Salt Lake City being 18 years old or older
nominate (name of nominee) to the office of councilmember.
b. The remainder of the petition shall contain lines and columns for the signatures of
persons signing the petition and their addresses and telephone numbers.
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I. 1. A declaration of candidacy or nomination petition filed under this Section is
valid unless a written objection is filed with the city recorder within five (5) days after the last
day for filing.
2. If an objection is made,the city recorder shall:
a. Mail or personally deliver notice of the objection to the affected candidate
immediately; and
b. Decide any objection within forty eight (48)hours after it is filed.
3. If the city recorder sustains the objection, the candidate may correct the problem by
amending the declaration or petition within three (3) days after the objection is sustained or by
filing a new declaration within three (3) days after the objection is sustained.
4. a. The city recorder's decision upon objections to form is final.
b. The city recorder's decision upon substantive matters is reviewable by a district court if
prompt application is made to the district court.
c. The decision of the district court is final unless the Supreme Court, in the exercise of
its discretion, agrees to review the lower court decision.
J. Any person who filed a declaration of candidacy and was nominated, and any
person who was nominated by a nomination petition, may, any time up to twenty three (23) days
before the election, withdraw the nomination by filing a written affidavit with the city recorder.
SECTION 2. That the following sections of Chapter 2.46, Salt Lake City Code, be, and
the same hereby are, amended to read as follows:
2.46.010 Definitions:
For the purpose of this Chapter the following words shall have the meanings as defined in this
Chapter:
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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 .
* *
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.
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; and
2. The name and address of each member of such committee and of its secretary.
* * *
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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, which exceed, in the
aggregate, fifty dollars ($50.00).
* * *
2.46.080 Voluntary Limitation On Contributions And Expenditures:
A. Declaration To Limit: A candidate may sign a written declaration pursuant to
which the candidate agrees: I) not to make contributions during the current election cycle to his
or her own personal campaign committee in an amount exceeding, in the aggregate, three
thousand dollars ($3,000.00), in the case of candidates for the City Council, and seventy five
thousand dollars ($75,000.00), in the case of candidates for Mayor; and 2) to limit total campaign
expenditures during the current election cycle by his or her personal campaign committee to an
amount not exceeding, in the aggregate, fifteen thousand dollars ($15,000.00), in the case of
candidates for the City Council, and three hundred seventy five thousand dollars ($375,000.00),
in the case of candidates for Mayor. Except as provided in subsection B of this Section, the City
Recorder shall require that each candidate either make such a declaration or sign a written
statement declining to make such declaration, on the earliest of the following: 1) the day the
candidate establishes a personal campaign committee pursuant to Section 2.46.030 of this
Chapter; or 2) the day the candidate files a declaration of candidacy with the City. Except as
provided in the next sentence, declarations by candidates shall be deemed terminated on the
February 15 next following the general election. If, before the effective date of this amendment,
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a candidate entered into a contract with the City to limit campaign contributions and
expenditures, such contract shall be deemed terminated on the effective date of this amendment.
B. Existing Committees: With respect to any personal campaign committee which
exists prior to the effective date of this amendment, on February 15, 2001, the City Recorder
shall require the candidate for whom such committee exists to either make the declaration
described in subsection A of this Section or sign a written statement declining to make such a
declaration.
C. Declaration Following Election. On the February 15 following any general
election conducted by the City, any candidate for elective office at such general election or at the
primary election preceding such general election, whose personal campaign committee has not
been terminated before such date, shall notify the City Recorder in writing whether or not such
committee shall remain in existence after that date. Any candidate whose personal campaign
committee shall remain in existence after that date shall, on such February 15, either make the
written declaration described in subsection A of this Section, or sign a written statement
declining to make such a declaration.
D. Form Of Declaration: The City, with the approval of the City Attorney, shall
prepare a form of declaration, containing in substance the requirements set forth in subsection A
of this Section, for use by candidates and the City in complying with this Section.
E. Reversal Of Decision:
1. If a candidate for an office has made the declaration described in subsection A of this
Section, and thereafter another candidate for the same office declines to make such a declaration,
the candidate may, within fifteen (15) days after the City Recorder provides public notice of such
other candidate's decision not to make a declaration, void his or her declaration.
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2. If a candidate has made the declaration described in subsection A of this Section, 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 his or her declaration.
3. If a candidate for an office has declined to make the declaration described in
subsection A of this Section, and thereafter another candidate for the same office makes such a
declaration, within fifteen (15) days after the City Recorder provides public notice of such other
candidate's declaration the candidate may, unless he or she has already exceeded the contribution
or expenditure limit, make such a declaration.
F. Publicity By City: Within forty eight (48) hours after any candidate either makes
a declaration or signs a written statement declining to make such a declaration pursuant to
subsection A of this Section, the City Recorder shall make available to the public a report stating
whether or not such candidate made such a declaration. The City Recorder shall also promptly
make available to the public: 1) any reversal of a declaration to exceed or not to exceed the
contribution or expenditure limits set forth in subsection A of this Section, other than a reversal
pursuant to subsection El of this Section; and 2) any violation of a declaration entered into
pursuant to subsection A of this Section.
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 June 1 of any election year;
2. On September 1 of any election year;
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3. Except as provided in Section 2.46.090(B), seven (7) days prior to any general or
primary election conducted by the City;
4. Not later than thirty (30) days after the date of the general election; and
5. 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 or its successor.
Notwithstanding the foregoing provisions of this subsection (A), the personal campaign
committee for a candidate shall be required to file a verified financial statement on the dates
specified in (1) through (4) of this subsection only during an election year in which the elective
office that such candidate seeks is open for election.
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 (30) days after the primary election. Personal campaign committees
for candidates for elective office who lose at a primary election need not file a verified financial
statement seven days prior to the general election pursuant to Subparagraph(A)(2).
2.46.100 Statements On File With City Recorder- Available For Public Inspection:
* * *
C. The City Recorder shall inspect all financial statements and reports within one (1)
day after the same are filed. In addition, the City Recorder shall inspect any filed financial
statement or report within one (1) day 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
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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.
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 two (2)days after receiving notice under subsection
2.46.100C 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 two (2) days after receiving notice under subsection
2.46.100C 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. 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 (10) 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 required financial statements
and reports 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 Council member 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 required financial statement or report specified
in this Chapter or to knowingly or wilfully 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 five hundred dollar($500.00) 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 subsections 2.46.050A and 2.46.050B
of this Chapter, or its successor.
*
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SECTION 3. EFFECTIVE DATE. That this Ordinance shall take effect on the date of
its first publication.
Passed by the City Council of Salt Lake City, Utah, this °' day of
2001.
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CHAIRPERSON /
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CHIEF DEPUTY CITY RE RDER Date— -
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Transmitted to the Mayor on January 10, 2001
Mayor's Action: t7Approved. Vetoed.
YOR
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IIEF EPUTY TY R ORDER s,,"T ''+,r
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Bill No. 1 of 2001 %, " 4 �°7
Published: January 22,2001 �trt ',�s"'! '
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