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The intent of the Open and Ethical Elections Code is to:
(A) Avoid both actual undue influence of large campaign donors and the appearance of undue influence in Council and Mayoral elections and decision-making;
(B) Diminish the public perception of corruption and strengthen public confidence in the governmental and election process;
(C) Provide well-qualified candidates with adequate funding to mount campaigns to encourage competitive Council and Mayoral elections so that the City’s residents have more choices about the leadership and direction of the City;
(D) Increase the accountability of elected officials to their constituents who elect them, as opposed to the contributors who fund their campaigns; and
(E) Insure that the City’s Council and Mayoral election process is fair, responsible and ethical.
(Am. Ord. 2022-042)
As used in the Open and Ethical Elections Code:
(A) APPLICANT CANDIDATE. A candidate, but not a write-in candidate, running for a Covered Office and who is seeking to be a Participating Candidate.
(B) APPLICABLE SPENDING LIMIT. The total amount a candidate may spend on a campaign as determined by the City Clerk's Office. For a City Councilor, this amount is based on the number of registered voters in the district the candidate is running in. For the Mayor, this amount is determined by the number of registered voters in the City of Albuquerque. For a participating candidate, the applicable spending limit is the amount set for distribution from the Fund. Any seed money collected by an applicant candidate will be subtracted from the distribution from the Fund.
(C) CLERK. The City Clerk.
(D) CONTESTED ELECTION. A regular municipal election in which there is more than one candidate for a City Council or Mayor position.
(E) COORDINATED EXPENDITURE. Any expenditure made with the cooperation, consultation or coordination with, or at the request or suggestion of, a candidate, a candidate's authorized committee or an agent thereof. Any expenditure that is coordinated within the meaning of this paragraph is an In-Kind Contribution to the candidate or candidate's committee with whom or with which it was coordinated and the candidate must report the Coordinated Expenditure as an In-Kind Contribution.
(F) COVERED OFFICE. City Council or Mayor.
(G) ELECTIONEERING COMMUNICATION. Any communication broadcasted by television or radio, printed in a newspaper or on a billboard, directly mailed or delivered by hand to personal residences or otherwise distributed that:
(1) unambiguously refers to any candidate; and
(2) is broadcasted, printed, mailed, delivered or distributed within thirty days before a regular municipal election; and
(3) is broadcasted to, printed in a newspaper distributed to, mailed to, delivered by hand to or otherwise distributed to an audience that includes members of the electorate for a Covered Office.
(4) ELECTIONEERING COMMUNICATION does not include:
(a) any news articles, editorial endorsements, opinion or commentary, writings or letters to the editor printed in a newspaper, magazine or other periodical not owned or controlled by a candidate or political party;
(b) any editorial endorsements or opinions aired by a broadcast facility not owned or controlled by a candidate or political party;
(c) any communication by Persons made in the regular course and scope of their business or any communication made by a membership organization solely to members of such organization and their families; or
(d) paid for by a candidate or candidate’s campaign committee.
(H) EXPENDITURE. The payment or furnishing of money or anything of value or the incurring or repayment of indebtedness or obligation, by or on behalf of any Person, candidate or political committee in consideration for any services, supplies, equipment or other thing of value performed or furnished for any reason, including support of or opposition to a candidate, political committee or measure for or for reducing the debt of a Participating Candidate for nomination or election to a Covered Office.
(I) EXPLORATORY PERIOD.
(1) For Mayoral Applicant Candidates, the exploratory period begins at 246 days before the election, and ends 200 days before the election; and
(2) For Council Applicant Candidates, the exploratory period begins 191 days before the election, and ends 156 days before the election.
(J) EXPRESS ADVOCACY. An Expenditure made by a Person or group, other than a candidate or a candidate’s committee, that advocates the election or defeat of a candidate, including all costs of designing, producing or disseminating a communication that contains phrases such as “vote for”, “re-elect”, “support”, “cast your ballot for”, “[name of candidate] for [name of office]”, “[name of candidate] in [year]”, “vote against”, “defeat”, “reject” or similar phrases.
(K) FUND. The Open and Ethical Elections Fund.
(L) IMMEDIATE FAMILY. The candidate's spouse, parent, grandparent, child, grandchild, sister, half-sister, brother, half-brother, stepparent, step- grandparent, stepchild, step-grandchild, stepsister, stepbrother, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, guardian, former guardian, domestic partner, the Immediate Family of the candidate's spouse or domestic partner.
(M) INDEPENDENT EXPENDITURE. Any funds spent on Express Advocacy or Electioneering Communications that are not coordinated with any candidate’s campaign. The Clerk shall adopt regulations to determine whether funds spent on Express Advocacy or Electioneering Communications are coordinated Expenditures. Coordinated Expenditures on Express Advocacy or Electioneering Communications are treated as contributions.
(N) IN-KIND CONTRIBUTION. A good or service, other than money, having monetary value not to exceed more than $2,500.00, but not including an individual who volunteers his own personal service. Professional services, including legal services, accounting services, consulting services and similar services provided directly from the professional to the Applicant Candidate or Participating Candidate are permitted, provided no single In-Kind Contributor exceeds the $2,500.00 limitation herein and provided the total value of all In-Kind Contributions does not exceed 10% of the applicable spending limit per regular or run-off election. Notwithstanding the foregoing, an Applicant Candidate or Participating Candidate may accept unlimited In-Kind Contributions in the following areas: 1) legal services provided directly from attorneys for the purpose of providing legal advice to comply with election laws and public financing laws. 2) professional services provided directly from the professional, including attorneys, experts and consultants, for the sole purpose of participating in a proceeding under the Code of Ethics, the Election Code, the Open and Ethical Elections Code, or the rules and regulations of the Board of Ethics and/or City Clerk, and 3) office space. Such In-Kind Contributions shall be reported as required by Article XIII, Section 4.
(O) NONPARTICIPATING CANDIDATE. A candidate running for a Covered Office who does not choose to participate in the Open and Ethical Elections Code or a candidate running for a Covered Office who declares an intent to participate in the Open and Ethical Elections Code, but who fails to become a Participating Candidate.
(P) OPPOSING FUNDS. Funds spent opposing a Participating Candidate. The amount of Opposing Funds is calculated by determining the opponent of the Participating Candidate who has the highest total of Expenditures and supportive Independent Expenditures; the amount of Opposing Funds is calculated by totaling the Expenditures made by that opponent, the amount spent on Independent Expenditures in support of that opponent and the amount spent on Independent Expenditures in opposition to the Participating Candidate. No Independent Expenditure may be counted as both opposing a Participating Candidate and in support of that candidate’s opponent.
(Q) PARTICIPATING CANDIDATE. A candidate running for a Covered Office who chooses to obtain financing pursuant to the Open and Ethical Elections Code and who is certified to participate as an Open and Ethical Elections Code Candidate.
(R) PERSON.
(1) a City resident;
(2) a labor organization, club, association or organization who have members who are City residents; or
(3) a corporation, limited liability company, firm, partnership, joint stock company or other entity conducting business in the City.
(S) QUALIFYING CONTRIBUTION. A non-refundable donation of $5.00 in the form of cash, check, debit card, credit card or money order payable to the Fund in support of an Applicant Candidate that:
(1) for the Mayoral race is made by a registered City voter and for a Council race is made by a registered City voter residing in the district in which the Applicant Candidate desires to represent;
(2) is made during the designated Qualifying Period and obtained through efforts made with the knowledge and approval of the Applicant Candidate;
(3) is acknowledged by a receipt that identifies the contributor's name; and
(4) identifies which Applicant Candidate the City resident supports.
(T) QUALIFYING PERIOD.
(1) For Mayoral Applicant Candidates the Qualifying Period begins 8:00 a.m. 199 days before the election, and ends 5:00 p.m. 136 days before the election; and
(2) For Council Applicant Candidates, the Qualifying Period begins 8:00 a.m. 155 days before the election, and ends 5:00 p.m. 120 days before the election.
(U) REGULAR LOCAL ELECTION. An election that is held the first Tuesday after the first Monday in November in odd numbered years.
(V) SEED MONEY. A contribution in support of an Applicant Candidate of no more than $250.00 per Person, except for the Applicant Candidate who can contribute up to $2,500.00, raised for the primary purpose of enabling Applicant Candidates to collect Qualifying Contributions and petition signatures the aggregate amount of which may not exceed 20% of the applicable spending limit. Seed Money may only be accepted during the Exploratory Period and the Qualifying Period. Seed Money contributed by the candidate to their own campaign may be donated prior to the exploratory period, or during the exploratory or qualifying period.
(W) ELECTION CYCLE. The period beginning on the day after the regular or run-off election for any municipal office and ending on the day of the next regular election for that office.
(X) CANDIDATE. "Candidate" has the same definition that is provided in Article XIII, Section 2 of the Election Code, with the addition that "Candidate" also includes any individual who has filed a declaration of intent to seek public financing.
(Amended at Regular Municipal Election, November 5, 2019.) (Amended by Ordinance No. 2019-019; Am. Ord. 2020-028; Am. Ord. 2022-042)
(A) An Applicant Candidate, choosing to obtain financing pursuant to the Open and Ethical Elections Code, shall file a declaration of intent with the Clerk to participate as an Applicant Candidate for a Covered Office. The declaration of intent shall be filed with the Clerk prior to or during the Qualifying Period according to forms and procedures developed by the Clerk.
(B) An Applicant Candidate shall submit a declaration of intent prior to collecting any Qualifying Contributions and make explicit in the declaration of intent that the Applicant Candidate has complied with and will continue to comply with the Open and Ethical Code’s contribution and Expenditure limits and all other requirements set forth in the Open and Ethical Elections Code.
(C) The declaration of intent shall specify that the Applicant Candidate agrees that any money received from the Fund shall not be used to retire a prior campaign debt from a previous election period.
The declaration of intent shall specify that the Applicant Candidate has not, within one year prior to the declaration, raised or expended any monies in excess of the pre- and post-Exploratory Period contribution limitations with the intent or effect of campaigning for any elected office. Any Applicant Candidate who has, within one year before filing the declaration, raised or expended any monies in excess of the pre- and post- Exploratory Period contribution limitations with the purpose or effect of campaigning for elected office, shall be disqualified from receiving funds under this Code.
(Amended at Regular Municipal Election, November 5, 2019.) (Am. Ord. 2022-042)
(A) An Applicant Candidate for Mayor shall obtain Qualifying Contributions from a minimum of 1% of registered City voters.
(B) An Applicant Candidate for Council shall obtain Qualifying Contributions from a minimum of 1% of the City voters registered in the district that the Applicant Candidate desires to represent.
(C) No payment, gift or anything of value shall be given in exchange for a Qualifying Contribution.
(D) Audit.
(1) The Office of Internal Audit shall conduct audits on a percentage of qualifying contributions submitted to the City Clerk's Office throughout the qualifying period.
(2) Prior to the start of the exploratory period, the City Auditor shall develop an audit plan for the conduct of the audit for the election cycle. The City Auditor shall confer with the City Clerk's Office in regards to resources that may be required of that office.
(3) At the completion of every audit, written reports shall be submitted to the Board and the City Clerk's Office and shall be made available for public inspection.
(Am. Ord. 2022-042)
(A) An Applicant Candidate may accept Seed Money not to exceed $250.00 per Person.
(B) An Applicant Candidate may contribute up to $2,500.00 from the Applicant Candidate’s personal funds for Seed Money.
(C) Seed Money shall be deducted from the revenues distributed to the Participating Candidate from the Fund.
(D) The aggregate amount of Seed Money received and spent by an Applicant Candidate shall not exceed an amount equal to 20% of the distribution from the Fund, or the Applicable Spending Limit to a Participating Candidate.
(E) An Applicant Candidate or Participating Candidate may accept In-Kind Contributions from the beginning of the Exploratory Period up to the regular municipal election, or, in the event that a Participating Candidate is in a run-off, up to the run-off election. The value of any In-Kind Contribution shall not count against the applicable limit on Seed Money contributions. The aggregate amount of In-Kind Contributions received by an Applicant Candidate shall not exceed an amount equal to 10% of the applicable spending limit.
(F) Volunteer work-hours are non-reportable and shall not count as In-Kind Contributions or against the applicable limit on Seed Money. An individual may volunteer personal services to an Applicant Candidate as long as the volunteer is not compensated. If an individual volunteers during working hours, paid by a third-party employer or the Applicant Candidate, then that employer makes an In-Kind Contribution to the Applicant Candidate.
(G) If a Participating Candidate is defeated or is elected, any unspent Seed Money shall be forfeited to the Fund.
(H) Mayoral Applicant Candidates may accept Seed Money from 246 days before the election through 136 days before the election. Council Candidates may accept Seed Money from 191 days before the election through 120 days before the election.
(1) In the event that a Candidate's certification for public financing or qualification by the County Clerk as a Candidate has been challenged, the Candidate may continue to accept seed money until the City Clerk provides the Candidate with notice that the certification or qualification by the County Clerk as a Candidate has been upheld.
(Amended at Regular Municipal Election, November 5, 2019.) (Amended by Ordinance No. 2019-019; Am. Ord. 2020-019; Am. Ord. 2020-028; Am. Ord. 2022-042; Am. Ord. 2024-036)
(A) Within twenty days of a final submittal of Qualifying Contributions by an Applicant Candidate, the Clerk shall determine whether the Applicant Candidate has:
(1) signed and filed a declaration of intent to obtain fund revenue;
(2) submitted the appropriate number of Qualifying Contributions;
(3) qualified as a candidate pursuant to other applicable City and State election law;
(4) complied with Seed Money contribution and Expenditure restrictions;
(5) otherwise met the requirements for obtaining financing pursuant to the Open and Ethical Elections Code;
(6) otherwise met any additional criteria for certification set forth in rules by the Clerk;
(7) been qualified as a Candidate by the County Clerk; and
(8) there are not pending challenges to the County Clerk's qualification of the Candidate.
(B) The Clerk shall certify Applicant Candidates running for Mayor and Council, complying with the requirements of this section, as Participating Candidates twenty days after the last day of the Qualifying Period.
(C) A Participating Candidate shall comply with all requirements of the Open and Ethical Elections Code and applicable City and state election law after certification as a Participating Candidate and throughout the election cycle.
(Amended by Ordinance No. 2019-019; Am. Ord. 2022-042)
(A) All money distributed to a Participating Candidate shall be used for that Participating Candidate's campaign-related purposes in the election year in which the money was distributed.
(B) A Participating Candidate shall limit total campaign Expenditures and debts to the amount of money distributed to that Participating Candidate from the Fund. A Participating Candidate shall not accept contributions or loans from any other source.
(C) Within two weeks after the regular municipal election, a Participating Candidate shall return to the Clerk for direct deposit into the Fund any amount that is unspent or unencumbered by the date of the regular local election.
(D) A Participating Candidate shall not use revenues from the Fund for personal use including:
(1) salary or payment to an individual unless that individual is providing bona fide services to the campaign and is compensated at fair market value;
(2) admission to a sporting event, concert, theater or other form of entertainment unless part of a specific campaign activity;
(3) dues, fees, parking or gratuities at a country club, health club or other recreational facility unless the costs are part of a specific fundraising event;
(4) mortgage, rent or household utility payments for any part of a personal residence;
(5) purchases of household food items or supplies; or
(6) purchase of clothing, other than items of de minimus value used in the campaign.
(E) A Participating Candidate shall not use revenues distributed from the Fund to:
(1) contribute to any other candidate, political committee or measure;
(2) support or oppose any candidate, political committee or measure not in their race;
(3) use to repay any loans, debts or penalties;
(4) use to pay for consulting services to an individual unless the individual is providing bona fide services to the campaign and is compensated at fair market value;
(5) use for out-of- state travel;
(6) the purchase of "alcoholic beverages" as that term is defined at § 13-2-2 ROA 1994; or
(7) Any payment to a registered voter in exchange for that voter agreeing to vote in an election.
(F) Additional guidance and clarification regarding permissible and prohibited uses of the distribution, only as those are identified and provided for in the City Charter and Code, may be provided in the City Clerk's rules and regulations.
(Amended at Regular Municipal Election, November 5, 2019.) (Am. Ord. 2022-042)
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