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Sec. 24.32. Accepting and Qualifying For Matching Funds.
 
   (a)   Statement of Acceptance or Rejection of Matching Funds.
 
   (1)   Each candidate for elected City office must file with the Ethics Commission a Statement of Acceptance or Rejection of Matching Funds, as required by Municipal Code Section 49.7.22.
 
   (A)   The statement may not be filed earlier than the date the candidate files a Declaration of Intent to Solicit and Receive Contributions under Charter Section 470(c)(1) and may not be filed later than the final date to file a Declaration of Intention to Become a Candidate under City Election Code Section 301.
 
   (B)   A candidate who fails to file a Statement of Acceptance or Rejection of Matching Funds within the permitted time period may not be a participating candidate.
 
   (C)   A candidate who initially agrees to participate in the program may subsequently decline to participate if another candidate in the same race is a non-participating candidate.
 
   (i)   To subsequently decline to participate, the candidate must notify the Ethics Commission in writing no later than 5:00 p.m. on the fifth business day after the final date to file the Declaration of Intention to Become a Candidate. A candidate may not subsequently decline to participate after that date.
 
   (ii)   A candidate who subsequently declines to participate in the program is a non-participating candidate who is ineligible to receive matching funds for that election cycle and must return to the City all matching funds received for that election cycle.
 
   (2)   The following must be provided in every Statement of Acceptance or Rejection of Matching Funds:
 
   (A)   The candidate's name and an address and telephone number at which the candidate can be reached during regular business hours;
 
   (B)   The elected City office the candidate is seeking;
 
   (C)   The election for which the statement is filed;
 
   (D)   Whether or not the candidate elects to accept public matching funds;
 
   (E)   A statement that the candidate understands that the acceptance or rejection of matching funds is effective for both the primary election and the general election;
 
   (F)   The candidate's certification under penalty of perjury; and
 
   (G)   The candidate's signature.
 
   (3)   Participating candidates must also certify the following on the Statement of Acceptance or Rejection of Matching Funds:
 
   (A)   The candidate understands the requirements in the City's Campaign Finance Ordinance (Municipal Code Sections 49.7.1 et seq.) and that those requirements must be satisfied before the candidate may receive public funds;
 
   (B)   The candidate understands that the candidate must participate in a debate with one or more opponents or, if no opponent agrees to debate, conduct a town hall meeting;
 
   (C)   The candidate has not made and will not make expenditures in excess of the expenditure ceilings in Municipal Code Section 49.7.24, unless those limits have been lifted under Municipal Code Section 49.7.25;
 
   (D)   The candidate has not used and will not use personal funds for the election in excess of the limits in Municipal Code Section 49.7.23(C)(5);
 
   (E)   The candidate has not used and will not use matching funds in violation of federal, state, or City law or to pay fines, penalties, or inauguration expenses;
 
   (F)   The candidate understands that the candidate and the candidate's treasurer must attend the training required by Municipal Code Section 49.7.12 before receiving any matching funds;
 
   (G)   The candidate understands that the acceptance of matching funds is effective for both the primary and general elections;
 
   (H)   The candidate understands that if another candidate for the same office is a non-participating candidate, the candidate may withdraw from the program up to five business days after the final filing date for filing a Declaration of Intention to Become a Candidate; and
 
   (I)   The candidate understands that not abiding by the terms of the program will result in disqualification from the program and may require the candidate to return all matching funds received for that election.
 
   (b)   Determination of Qualification.
 
   (1)   A participating candidate must meet all qualification requirements in this Chapter and Municipal Code Sections 49.7.1 et seq. in order to receive matching funds.
 
   (2)   A participating candidate must file a request for qualification with the Ethics Commission.
 
   (A)   The request must include the following information:
 
   (i)   The date of the request;
 
   (ii)   The information in Section 24.34(a)(1)-(7);
 
   (iii)   The information in Section 24.34(a)(8)(B)(i)-(iv) for each qualified contribution used to comply with Municipal Code Section 49.7.23(C)(1)(a) and 49.7.23(C)(2). Contributions must be listed alphabetically by the last names of the contributors;
 
   (iv)   The documentation required by Sections 24.34(a)(5), 24.34(a)(8)(B)(ii), and 24.34(a)(9); and
 
   (v)   The certification required by Section 24.34(a)(10).
 
   (B)   The request must be filed with the Ethics Commission prior to the date of the primary election. For candidates who do not qualify to receive matching funds in the primary election and proceed to the general election, the request must be filed prior to the date of the general election.
 
   (C)   The request must identify at least 100 contributions that comply with the requirements in Municipal Code Section 49.7.23(C)(2). The participating candidate and treasurer must certify under penalty of perjury that, to the best of their knowledge and belief, the identified contributions comply with the requirements.
 
   (D)   The request and the first matching funds claim may be the same document, as long as all required information is provided.
 
   (3)   Ethics Commission staff must determine whether a participating candidate has met all qualification requirements within four business days after receiving all information necessary to process a request, including certification from the City Clerk that the participating candidate's name will appear on the ballot for the election.
 
   (A)   When reviewing whether the participating candidate has met the qualification thresholds in Municipal Code Sections 49.7.23(C)(1)(a) and 49.7.23(C)(2), Ethics Commission staff need not review more qualified contributions than are necessary for a determination that the participating candidate has met the thresholds.
 
   (B)   Ethics Commission staff will notify the participating candidate of the determination in writing, and the notice must be signed by the Executive Officer or the Executive Officer's designee.
 
   (4)   If Ethics Commission staff determines that a participating candidate is not qualified to receive matching funds, the participating candidate may do either of the following:
 
   (A)   Resubmit a request for qualification; or
 
   (B)   Submit a written request for review to the Executive Officer.
 
   The request must be submitted within ten business days after the date of the notice of the determination but may not be submitted after the election. The request must specify the reasons the participating candidate believes that the qualification requirements have been met. The Executive Officer will conduct a review and issue a determination within five business days of receiving the request and may extend that response time for good cause.
 
   (c)   Qualification For Ballot.
 
   (1)   A participating candidate who fails to qualify to appear on the ballot may not receive matching funds.
 
   (2)   A participating candidate who initially qualifies for the ballot but is later disqualified from the ballot will be suspended from the program at the time of the disqualification.
 
   (A)   The candidate will be ineligible to receive additional public funds until the qualification is restored.
 
   (B)   Any public funds in the candidate's possession may not be spent for any purpose other than to pay for campaign expenditures incurred before the date of the disqualification. All public funds in excess of such expenditures must be repaid to the Ethics Commission within 10 days of the date of the disqualification.
 
SECTION HISTORY
 
Added by Ord. No. 182,265, Eff. 10-29-12.
Amended by: Ord. No. 183,237, Eff. 10-30-14; Subsecs. (a)(3)(B), (b)(2)(A) and (b)(2)(C), Ord. No. 185,799, Eff. 12-2-18; Subsec. (a)(3)(B), Ord. No. 186,083, Eff. 6-8-19.