(Amended by Ord. No. 183,236, Eff. 10/30/14.)
A. A person shall notify the Ethics Commission of an independent expenditure communication when either of the following occurs:
1. The person makes or incurs expenditures with an actual or fair market value of $1,000 or more for one or more communications; or
2. The person makes or incurs expenditures with an actual or fair market value of $100 or more for one or more communications and distributes the communications to the following number of persons:
a. 200 or more persons, if the distributor is a person who qualifies as a committee under the Political Reform Act.
b. 1,000 or more persons, if the distributor is not a person who qualifies as a committee under the Political Reform Act.
Once a notification threshold is met, every subsequent $100 in expenditures made or incurred regarding that measure or candidate shall also be disclosed as required by Subsections B. and C.
B. The notification shall be submitted to the Ethics Commission within the following time frames:
1. From the first date an individual may file a Declaration of Intention to Become a Candidate with the City Clerk through the date of the associated general election, or during the 90 days prior to an election if no City candidates will be on the ballot, within 24 hours after making or incurring the expenditures. (Amended by Ord. No. 182,362, Eff. 1/30/13.)
2. At all other times, within five business days after making or incurring the expenditures provided, however, in no event later than the first date an individual may file a Declaration of Intention to Become a Candidate.
C. The notification shall include the following:
1. A declaration under penalty of perjury signed by the person and, if applicable, the committee treasurer, specifying the following:
a. Each candidate or measure supported or opposed by the communication;
b. The dates and amounts of the expenditure and the amount spent to support or oppose each candidate or measure;
c. For disclosure under Subsection A.2., the number of distributions;
d. Whether each candidate or measure was supported or opposed;
e. That the communication was not behested by any of the candidates who benefited from it;
f. The dates the communication was distributed or displayed, if applicable;
g. A description of the type of communication;
h. The name and address of the person making, or incurring the expenditures or causing the communication to be distributed or displayed;
i. The name and address of the payee, if applicable, and any vendor or subvendor that provided service for the communication;
j. For committees, contributions of $100 or more received by the committee since the later of the day after the close of the filing period for the last campaign or independent expenditure statement filed by the committee or the first day of the current calendar year. This disclosure requirement does not apply to contributions that are earmarked for a non-City candidate or ballot measure; and
k. Contributions of $100 of more that the person made in the current calendar year to City candidates, City controlled committee, City ballot measure committees, City recall committees, committees primarily formed to support or oppose City candidates or measures, and City general purpose recipient committees.
2. A copy of the communication.
a. If the communication is a telephone call or similar communication, a copy of the script and, if the communication is recorded, the recording shall be provided.
b. If the communication is audio or video, a copy of the script and an audio or video file shall be provided.
D. If an independent expenditure communication supports or opposes a City candidate, the Ethics Commission staff will notify all candidates in the affected race within one business day after receiving the required notice. The notification will indicate the candidates supported or opposed by the independent expenditure communication, as indicated on the signed declaration, and will include a copy of the independent expenditure communication that has been filed with the Ethics Commission.
E. The Ethics Commission shall post on its website, without alteration, all copies of independent expenditure communications filed with the Ethics Commission. The Ethics Commission may not judge, comment upon, or edit the contents of an independent expenditure communication.
F. This section shall not apply to a news story, commentary, or editorial by a newspaper, radio station, television station, or other recognized news medium, unless the disclaimer is required for a payment or promise of a payment under Section 49.7.34.