A. Failure To File: If a candidate or the candidate's personal campaign committee fails to file a campaign finance statement due seven (7) days before the general election, the city recorder shall inform the appropriate election official who:
1. Shall:
a. If practicable, remove the candidate's name from the ballot by blacking out the candidate's name before the ballots are delivered to voters; or
b. If removing the candidate's name from the ballot is not practicable, inform the voters by any practicable method that the candidate has been disqualified and that votes cast for the candidate will not be counted; and
2. May not count any votes for that candidate.
B. Inadvertent And Insignificant Errors: Notwithstanding subsection A of this section, a candidate who files a campaign finance statement seven (7) days before a general election is not disqualified if:
1. The statement details accurately and completely the information required under section 1-8-4 of this chapter, except for inadvertent omissions or insignificant errors or inaccuracies; and
2. The omissions, errors, or inaccuracies are corrected in an amended report or in the next scheduled report.
C. Inspection; Written Notice: The city recorder shall inspect all financial statements within one day after the same are filed. If it appears that any candidate or personal campaign committee has failed to file a statement as required by law or if it appears that the statement does not conform to law, or upon complaint in writing by a candidate or by a voter demonstrating that a statement filed does not conform to law, the city recorder shall notify the delinquent personal campaign committee or candidate, in writing, requesting compliance with this chapter. Written notice as required herein may be given in the following manner:
1. Delivery, in person, to the candidate or the secretary of the personal campaign committee;
2. Delivery to a person of suitable age and discretion at the address of the candidate or the address of the secretary of the personal campaign committee, as indicated in the registration form for the personal campaign committee as required under subsection 1-8-2D of this chapter; or
3. By certified mail, mailed to the candidate or the secretary of the personal campaign committee at the address as indicated in the registration form for the personal campaign committee as required under subsection 1-8-2D of this chapter.
D. Examination Of Books And Records: Upon the failure of any personal campaign committee or candidate to file a statement, within two (2) days after first receiving written notice under subsection C of this section, or, if in the exercise of reasonable discretion, the city recorder questions the accuracy or completeness of such statement, the city recorder may request an examination of all books and records of such committee or person. Such books and records shall be produced by the candidate or personal campaign committee for inspection by the city recorder within one day after request for examination is received.
E. Violation; Notification To City Attorney: If a personal campaign committee or candidate fails to file or correct a statement within two (2) days after receiving notice under subsection C of this section, or, if any statement filed discloses a violation of this chapter, or, if the inspection of records 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.
F. Filing Corrected Financial Statement: The filing of a corrected financial statement by a candidate or personal campaign committee within two (2) days after receiving notice pursuant to subsection C of this section shall be deemed to cure any inadvertent or insignificant omission, error or inaccuracy in a previously filed statement that is so corrected, but shall not be deemed to cure a wilful or knowing falsification or omission.
(Ord. 2009-39, 6-9-2009)