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(a) A person that makes an expenditure for an advertisement or fund-raising solicitation, other than an individual or a natural person, shall include the following disclosures in the advertisement or solicitation:
(1) The words "paid for by", followed by the name of the person making the expenditure for the advertisement or fund-raising solicitation.
(2) Whether the expenditure was authorized by any candidate, followed by the identity of the authorizing candidate, if any.
(b) Any person purchasing literature or advertisements for the purpose of making an independent expenditure must also comply with Article XII of this code.
(c) In addition to the disclosure required by subsection (a) of this section, a political action committee that makes an expenditure for an advertisement shall include a disclosure stating the names of the three (3) political action committees making the largest aggregate contributions to the political action committees making the expenditure and that exceed twenty thousand dollars ($20,000) during the election cycle, as calculated at the time the advertisement was distributed for publication, display, delivery or broadcast.
(d) If a disclosure contains any acronym or nickname that is not commonly known, the disclosure shall also spell out the acronym or provide the full name.
(e) If the advertisement is:
(1) Broadcast on radio, the disclosure shall be clearly spoken at the beginning or end of the advertisement.
(2) Delivered by hand or mail or electronically, the disclosure shall be clearly readable.
(3) Displayed on a sign or billboard, the disclosure shall be displayed in a height that is at least four percent (4%) of the vertical height of the sign or billboard.
(4) Broadcast on television or in a video or film, both of the following requirements apply:
a. The disclosure shall be both written and spoken at the beginning or end of the advertisement, except that if the written disclosure statement is displayed for the greater of at least one-sixth (1/6) of the broadcast duration or four (4) seconds, a spoken disclosure statement is not required.
b. The written disclosure statement shall be printed in letters that are displayed in a height that is at least four percent (4%) of the vertical picture height.
(f) This section does not apply to:
(1) Social media messages, text messages or messages sent by a short message service.
(2) Advertisements that are placed as a paid link on a website, if the message is not more than two hundred (200) characters in length and the link directs the user to another website that complies with this section.
(3) Advertisements that are placed as a graphic or picture link, if the statements required in this section cannot be conveniently printed due to the size of the graphic or picture and the link directs the user to another website that complies with this section.
(4) Bumper stickers, pins, buttons, pens and similar items on which the statements required in this section cannot be conveniently printed.
(5) A solicitation of contributions by a separate segregated fund.
(6) A communication by a tax-exempt organization solely to its members.
(7) A published book or a documentary film or video.
(g) A person who violates this section is subject to the penalties provided for in section 12-96 of this code.
(Ord. No. 11525, § 2, 2-21-18)
(a) A person may make any expenditure not otherwise prohibited by law.
(b) The following are not expenditures:
(1) The value of an individual's volunteer services or expenses that are provided without compensation or reimbursement, including the individual's:
a. Travel expenses.
b. Use of real or personal property.
c. Cost of invitations, food or beverages.
d. Use of e-mail, internet activity or social media messages, only if the individual's use is not paid for by the individual or any other person and if the e-mails, social media messages or other internet activities do not contain or include transmittal of a paid advertisement or paid fund-raising solicitation.
(2) The value of any news story, commentary or editorial by any broadcasting station, cable television operator, programmer or producer, newspaper, magazine, website or other periodical publication that is not owned or operated by a candidate, a candidate's spouse or any committee.
(3) The payment by any person to defray a political party's operating expenses or party-building activities, including:
a. Party staff and personnel.
b. Studies and reports.
c. Voter registration, recruitment, polling and turnout efforts.
d. Party conventions and party meetings.
e. Construction, purchase or lease of party building or facilities.
(4) The value of any of the following to a committee:
a. Interest earned on the committee's deposits or investments.
b. Transfers between committees to reimburse expenses and distribute monies raised through a joint fund-raising effort, except that contributions shall be allocated as described in the fund-raising solicitation and expenses shall be allocated in the same proportion as contributions.
c. Payment of a committee's legal or accounting expenses.
d. An extension of credit for goods and services on a committee's behalf by a creditor if the terms are substantially similar to extensions of credit to nonpolitical debtors that are of similar risk and size of obligation. The creditor must make a commercially reasonable attempt to collect the debt, except that if an extension of credit remains unsatisfied by the committee after six (6) months the committee is deemed to have received a contribution but the creditor is not deemed to have made a contribution.
(5) The value of nonpartisan communications that are intended to encourage voter registration and turnout efforts.
(6) Any payment by a person that is not a committee to the city clerk for arguments in a publicity pamphlet.
(7) Any payment for legal or accounting services that are provided to a committee.
(8) The payment of costs of publishing a book or producing a documentary, if the publication and production are for distribution to the general public through traditional distribution mechanisms or a fee is obtained for the purchase of the publication or viewing of the documentary.
(c) This section does not imply that any transactions that are not specifically listed in subsection (b) of this section are expenditures unless those transactions otherwise meet the definition of expenditure as defined in A.R.S. § 16-901.
(Ord. No. 11525, § 2, 2-21-18)
(a) A person is prohibited from attempting to influence the outcome of an election by delivering or mailing any document that:
(1) Purports to be authorized, approved, required, sent or reviewed by the state government, a county, city, or town, or any other political subdivision, or
(2) Falsely simulates a document from any of these governmental entities.
(b) The penalty for deceptive mailings (civil penalty) is equal to twice the total cost of the mailing, or five hundred dollars ($500), whichever amount is greater.
(Ord. No. 11525, § 2, 2-21-18)
(a) A corporation, limited liability company or labor organization shall not make contributions to a candidate committee.
(b) A corporation, limited liability company or labor organization may make unlimited contributions to persons other than candidate committees.
(c) A corporation, limited liability company or labor organization may sponsor a separate segregated fund. Employees, members, executives, stockholders and retirees and the families of a corporation, limited liability company or labor organization and any subsidiary or affiliate of a corporation, limited liability company or labor organization may make contributions to the separate segregated fund provided that the separate segregated fund has registered as a political action committee subject to the provisions of A.R.S. § 16-916 (c).
(d) A partnership may not contribute to a candidate for mayor or council member more than the contribution limits of section 12-86 of this code.
(e) A partnership may make unlimited contributions to persons other than candidate committees.
(f) Partnership contributions are subject to the following:
(1) Partnership contributions shall be attributed to each contributing partner as designated by the partnership. The partnership shall provide the recipient committee written notice identifying the contributing partners and the amount attributed to each.
(2) Partnership contributions shall count against both the partnership's and the individual partners' contribution limits to a recipient. The portion attributed to each partner shall be aggregated with the individual partner's non-partnership contributions to that recipient and shall not exceed the individual partner's contribution limit.
(3) The partnership shall not attribute any contribution to a partner that is a corporation, limited liability company or labor organization.
(4) Partnership contributions need not be accompanied by the signature of each contributing partner.
(g) A partnership may establish a separate segregated fund and register it as a political action committee.
(h) A contributor shall not give and a committee shall not accept a contribution that has been earmarked for a candidate.
(i) If an anonymous contribution is accepted because it is received in a non-returnable form, it must be segregated from other funds and must be disposed of pursuant to section 12-97 of this code.
(j) A contribution by an individual or a political committee to two (2) or more candidates in connection with a joint fund-raising effort shall be divided among the candidates in direct proportion to each candidate campaign committee's share of the expenses for the fund-raising effort.
(Ord. No. 11525, § 2, 2-21-18)
(a) It is unlawful for a corporation, limited liability company or labor organization to make a contribution to a candidate committee. A corporation, limited liability company or labor organization that violates this subsection is guilty of a class 2 misdemeanor. The individual through whom the violation is effected is guilty of a class 6 felony. This subsection does not apply to a committee that is incorporated or organized for a limitation of liability.
(b) It is unlawful for any person to make a contribution in the name of another person, knowingly permit a person's name to be used to effect a contribution in the name of another person or knowingly accept a contribution made by a person in the name of another person. A person who violates this subsection is guilty of a class 6 felony.
(c) It is unlawful for any person to make a contribution or expenditure using money or anything of value secured by physical force, job discrimination or financial reprisal including threats of any force, discrimination or reprisal. A person who violates this subsection is guilty of class 6 felony.
(d) It is unlawful for any person to make a contribution or expenditure using dues, fees or other monies required as a condition of membership in a labor organization or as a condition of employment. A person who violates this subsection is guilty of a class 6 felony.
(Ord. No. 11525, § 2, 2-21-18)
(a) A committee shall file campaign finance reports with the city clerk. Public funding candidates must comply with the requirements of the Tucson Charter and the campaign finance administration rules and regulations. For other committees, the secretary of state's instructions and procedures manual adopted pursuant to A.R.S. § 16-452 shall prescribe the format for all reports and statements.
(b) A campaign finance report shall set forth:
(1) The amount of cash on hand at the beginning of the reporting period.
(2) Total receipts during the reporting period, including:
(a) An itemized list of receipts in the following categories, including the source, amount and date of receipt, together with the total of all receipts in each category:
(i) Contributions from individuals whose contributions exceed fifty dollars ($50) for that election cycle, including identification of the contributor's occupation and employer.
(ii) Contributions from candidate committees.
(iii) Contributions from political action committees.
(iv) Contributions from political parties.
(v) Contributions from partnerships.
(vi) For a political action committee or political party, contributions from corporations and limited liability companies, including identification of the corporation's or limited liability company's file number issued by the corporation commission.
(vii) For a political action committee or political party, contributions from labor organizations, including identification of the labor organization's file number issued by the corporation commission.
(viii) For a candidate committee, a candidate's contribution of personal monies.
(ix) All loans, including identification of any endorser or guarantor other than a candidate's spouse, and the contribution amount endorsed or guaranteed by each.
(x) Rebates and refunds.
(xi) Interest on committee monies.
(xii) The fair market value of in-kind contributions received.
(xiii) Extensions of credit that remain outstanding, including identification of the creditor and the purpose of the extension.
(b) The aggregate amount of contributions from all individuals whose contributions do not exceed fifty dollars ($50) for the election cycle.
(3) An itemized list of all disbursements in excess of two hundred fifty dollars ($250) during the reporting period in the following categories, including the recipient, the recipient's address, a description of the disbursement and the amount and date of the disbursement, together with the total of all disbursements in each category:
(a) Disbursements for operating expenses.
(b) Contributions to candidate committees.
(c) Contributions to political action committees.
(d) Contributions to political parties.
(e) Contributions to partnerships.
(f) For a political action committee or political party, contributions to corporations and limited liability companies, including identification of the corporation's or limited liability company's file number issued by the corporation commission.
(g) For a political action committee or political party, contributions to labor organizations, including identification of the labor organization's file number issued by the corporation commission.
(h) Repayment of loans.
(i) Refunds of contributions.
(j) Loans made.
(k) The value of in-kind contributions provided.
(l) Independent expenditures that are made to advocate the election or defeat of a candidate, including identification of the candidate, office sought by the candidate, election date, mode of advertising and distribution or publication date.
(m) Expenditures to advocate the passage or defeat of a ballot measure, including identification of the ballot measure, ballot measure serial number, election date, mode of advertising and distribution or publication date.
(n) Expenditures to advocate for or against the issuance of a recall election order or for the election or defeat of a candidate in a recall election, including identification of the officer to be recalled or candidate supported or opposed, mode of advertising and distribution or publication date.
(o) Any other disbursements or expenditures.
(4) The total sum of all receipts and disbursements for the reporting period.
(5) A certification by the committee treasurer, issued under penalty of perjury, that the contents of the report are true and correct.
(c) For the purposes of reporting under subsection (b) of this section:
(1) A contribution is deemed to be received either on the date the committee knowingly takes possession of the contribution or the date of the check or credit card payment. For an in-kind contribution of services, the contribution is deemed made either on the date the services are performed or the date the committee receives the services.
(2) An expenditure or disbursement is deemed made either on the date the committee authorized the monies to be spent or the date the monies are withdrawn from the committee's account. For a transaction by check, the expenditure or disbursement is deemed made on the date the committee signs the check. For a credit card transaction on paper, the expenditure or disbursement is deemed made on the date the committee signs the authorization to charge the credit card. For an electronic transaction, an expenditure or disbursement is deemed made on the date the committee electronically authorizes the charge. For an agreement to purchase goods or services, the expenditure or disbursement is deemed made either on the date the parties enter into the agreement or the date the purchase order is issued.
(3) A committee may record its transactions using any of the methods authorized by this subsection but for each type of contribution, expenditure or disbursement made or received, the committee shall use a consistent method of recording transactions throughout the election cycle.
(d) The amount of an in-kind contribution of services shall be equal to the usual and normal charges for the services on the date performed.
(e) If any receipt or disbursement is earmarked, the committee shall report the identity of the person to whom the receipt or disbursement is earmarked.
(f) Candidate committee reports shall be cumulative for the election cycle to which they relate. Political action committee and political party reports shall be cumulative for a two (2) year election cycle ending in the year of a statewide general election. If there has been no change during the reporting period in an item listed in the immediately preceding report, only the amount need be carried forward.
(g) For a political action committee that receives individual contributions through a payroll deduction plan, that committee is not required to separately itemize each contribution received from the contributor during the reporting period. In lieu of itemization, the committee may report all of the following:
(1) The aggregate amount of contributions received from the contributor through the payroll deduction plan during the reporting period.
(2) The individual's identity.
(3) The amount deducted per pay period.
(Ord. No. 11525, § 2, 2-21-18)
(a) Candidate committees, political action committees and political parties shall file a campaign finance report covering each reporting period as follows:
(1) For a calendar quarter without an election, the political action committee or political party shall file a quarterly report. The quarterly report shall be:
(a) Filed not later than the fifteenth (15th) day after the calendar quarter.
(b) Complete through the last day of the calendar quarter.
(2) For a calendar quarter with an election, the political action committee or political party shall file a preelection and postelection report as follows:
(a) A preelection report shall be:
(i) Filed not later than ten (10) days before the election.
(ii) Complete from the first (1st) day of the applicable calendar quarter through the seventeenth (17th) day before the election.
(b) A postelection report shall be:
(i) Filed not later than the fifteenth (15th) day after the applicable calendar quarter.
(ii) Complete from the sixteenth (16th) day before the election through the last day of the applicable calendar quarter.
(b) A committee shall file campaign finance reports until terminated.
(c) Public funding candidates must also comply with the requirements of the Tucson Charter and the campaign finance administration rules and regulations.
(Ord. No. 11525, § 2, 2-21-18)
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