Loading...
(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)
Applicant Candidates shall file financial disclosures in accordance with Article XIII, Section 4 of this Charter.
(Am. Ord. 2022-042)
(A) There is created in the City Treasury the "Open and Ethical Elections Fund" solely for the purposes of:
(1) financing the election campaigns of Participating Candidates for Covered Offices;
(2) paying administrative and enforcement costs of the Open and Ethical Elections Code; and
(3) carrying out all other specified provisions of the Open and Ethical Elections Code.
(B) The City Treasurer shall invest the Fund as other City funds are invested and pursuant to Section 4-1-10 ROA 1994, and all income derived from the Fund shall be credited directly to the Fund. Within 30 days after the end of each fiscal year, the City Treasurer shall furnish the Mayor and Council a report of all investment activity of the past year in connection with the administration of the Fund. Remaining balances at the end of a fiscal year shall remain in the Fund and shall not revert to the general Fund.
(C) Money received from the following sources shall be deposited directly into the Fund:
(1) Qualifying Contributions that have been submitted to the Clerk;
(2) any recurring balance of unspent Fund money distributed to a Participating Candidate who does not remain a Participating Candidate through the municipal election period for which the money was distributed;
(3) money that remains unspent or unencumbered by a Participating Candidate following the date of the regular municipal election;
(4) Seed Money that exceeds 10% of the applicable spending limit; and
(5) additional money appropriated by the Council based on recommendations received by the Clerk and the City Attorney.
(D) One-tenth of 1% of the approved General Fund (Fund 110) appropriation shall be reserved in the Fund to fund Participating Candidates for the 2007 regular municipal election and subsequent regular municipal elections as provided in the Open and Ethical Elections Code.
(E) The Fund shall also be funded by voluntary contributions from members of the public. Money in the Fund is appropriated to the Clerk to carry out the purposes of the Open and Ethical Elections Code.
(Am. Ord. 2022-042)
(A) Once the Open and Ethical Elections Code is enacted, the Clerk shall prepare and provide to the Mayor and Council an annual report documenting, evaluating and making recommendations relating to the administration, implementation and enforcement of the Open and Ethical Elections Code.
(B) In the report, the Clerk shall set out the revenues received to date, the expected costs to the Fund for the next election cycle and the amount of any annual appropriation from the Council that will be required to meet this need.
(Am. Ord. 2022-042)
(A) The Clerk shall distribute money from the Fund to Participating Candidates. The Clerk shall distribute revenue within three business days of certification. In the event that a Candidate's certification for public financing or qualification by the County Clerk as a Candidate has been challenged, the Clerk shall distribute funds to the Participating Candidate within three business days of receiving notice that the certification and/or qualification by the County Clerk as a Candidate has been upheld.
(B) The Clerk shall distribute $2.00 per registered City voter to Mayoral Participating Candidates and $1.25 per registered City voter residing in the district in which the Participating Council Candidate desires to represent. Notwithstanding the foregoing, in Council districts containing fewer than 40,000 registered voters, the Clerk shall distribute $40,000 to each Participating Council Candidate, in lieu of $1.25 per registered City voter residing in the district.
(1) Beginning January 15, 2027, and every two years thereafter, the Clerk shall adjust the distribution amount per registered City voter based on the change in the Consumer Price Index for All Urban Consumers (CPI-U) as published by the United States Bureau of Labor Statistics. The adjustment shall reflect the percentage change in the CPI-U from January 1, 2024, to December 31 of the year preceding the adjustment.
(C) The amount of revenue to be distributed to a Participating Candidate shall be reduced by an amount equal to the aggregate amount of Seed Money contributions received by the Participating Candidate during the Exploratory and Qualifying Periods.
(D) A Participating Candidate may withdraw as a Participating Candidate by filing a written statement of withdrawal with the Clerk.
(E) If the withdrawn Participating Candidate continues to participate in the election as a Non-Participating Candidate then:
(1) at the time the statement of withdrawal is filed, the candidate shall deliver to the Clerk an amount of money equal to all monies distributed to the candidate from the Fund after the candidate was certified as a Participating Candidate plus interest of the total amount of monies received at a rate of 12% per annum.
(F) If a Participating Candidate is not certified as a candidate, in accordance with applicable state and other City law, then the candidate shall deliver to the Clerk an amount of money equal to all monies distributed to the candidate from the Fund after the candidate was certified as a Participating Candidate plus interest of the total amount of monies received at a rate of 12% per annum.
(G) If a Participating Candidate entirely withdraws from a race for a Covered Office then he shall immediately return any amount to the Fund that is unspent or unencumbered at the time he ceases to be a Participating Candidate before a regular municipal election.
(H) If a Participating Candidate becomes unopposed following the distribution of funds, the Participating Candidate shall be promptly given notice by the City Clerk and shall be given three (3) business days after being notified to return any unspent or unencumbered funds. Following the return of funds, the Participating Candidate becomes a privately financed candidate and is no longer subject to the contribution and expenditure requirements of the Open and Ethical Election Code.
(Amended at Regular Municipal Election, November 5, 2019.) (Amended by Ordinance No. 2019-019; Am. Ord. 2022-042; Am. Ord. 2024-036)
(A) Once the certification of participation for Participating Candidates for a regular local election has been completed, the Clerk shall calculate the total amount of money to be distributed in the election cycle, based on the number of Participating Candidates and the allocations specified in Section 12 of the Open and Ethical Elections Code and shall then distribute the Fund revenue within three business days.
(B) If the allocation specified in Subsection A of this section is greater than the total amount available for distribution, then the amounts to be distributed to individual Participating Candidates shall each be reduced by the same percentage as the reduction by which the total amount needed has been reduced relative to the total amount available.
(Am. Ord. 2022-042)
(A) On the Friday after a regular local election when the election results are certified, the Clerk shall issue Fund revenue to each Participating Candidate involved in a runoff election in the following amounts:
(1) for Mayoral candidates$1.00 per registered City voter; and
(2) for Council candidates$.50 per registered City voter residing in a Council district.
(B) Notwithstanding the foregoing, in Council districts containing fewer than 40,000 registered voters, the Clerk shall distribute$20,000 to each Participating Council Candidate, in lieu of$.50 per registered City voter residing in the district.
(Amended at Regular Municipal Election, November 5, 2019.) (Am. Ord. 2022-042)
Once a candidate is certified as a Participating Candidate, the Clerk shall publish the Participating Candidate's Certification on the City Clerk's website along with the terms and conditions of the Open and Ethical Election Code the Candidate has agreed to abide by.
(Am. Ord. 2020-019; Am. Ord. 2022-042)
The City Attorney and the Clerk shall review the dollar amounts specified in the Open and Ethical Elections Code periodically. The City Attorney and Clerk shall recommend any necessary adjustments to reflect inflation or population change to the Council and Mayor to consider amendments to the Code.
(Am. Ord. 2020-019; Am. Ord. 2022-042)
Loading...