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(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)
(a) If a committee fails to timely file a complete report as prescribed by this code, the city clerk shall send a written notice by e-mail to the committee within five (5) days after the filing deadline that identifies the late report, describes how fines accrue and identifies methods of payment.
(b) A committee that fails to timely file a report shall pay the city clerk a penalty of ten dollars ($10) for each day that the filing is late during the first fifteen (15) days after the filing deadline and twenty-five dollars ($25) for each subsequent day that the filing is late. Penalties accrue until the late report is filed. The city clerk shall not accept the late report until all penalties accrued pursuant to this section have been paid.
(c) If a committee fails to file a complete report within thirty (30) days after the filing deadline and being provided notice pursuant to subsection (a) of this section, the city clerk may notify the city attorney who may proceed pursuant to section 12-96 of this code.
(d) For any political action committee or political party that fails to file three (3) consecutive complete reports, the city clerk shall send by e-mail to the committee a notice of temporary suspension and the following apply:
(1) On receipt, the committee's authority to operate in the city is temporarily suspended.
(2) The notice shall state that failure to comply with all filing and payment requirements within thirty (30) days after the date of the notice shall result in permanent suspension of the committee's authority to operate in the city.
(e) After compliance with subsection (d) of this section, the city clerk may permanently suspend the committee and shall notify the committee by e-mail and is not required to provide any further notice. Permanent or temporary suspension does not eliminate a committee's continuing obligation to file reports and pay any outstanding and accruing penalties provided by law.
(Ord. No. 11525, § 2, 2-21-18)
(a) Notwithstanding the provisions of A.R.S. § 16-1021, on receipt of a complaint from a third party, the city clerk is the sole public officer who is authorized to initiate an investigation into alleged violations of this chapter, including the alleged failure to register as a committee. The city clerk shall limit an investigation to violations that are within the city clerk's jurisdiction.
(b) The secretary of state will establish guidelines in the instructions and procedures manual adopted pursuant to A.R.S. § 16-452 that outline the procedures, timelines and other processes that apply to investigations by all filing officers in this state. Until the secretary of state establishes such guidelines the city clerk shall promulgate necessary interim guidelines.
(c) If after providing the subject of an investigation a reasonable opportunity to respond, the city clerk has reasonable cause to believe a person violated this chapter, the city clerk shall refer the matter to the city attorney.
(d) Before a reasonable cause determination is made as prescribed in subsection (c) of this section, the city clerk, the city attorney and any other public officer or employee may not order a person to register as a committee and does not have audit or subpoena powers to compel the production of evidence or the attendance of witnesses concerning a potential campaign finance violation. The city clerk may request the voluntary production of evidence or attendance of witnesses in making a reasonable cause determination. Public funding candidates must also comply with the requirements of the campaign finance administration rules and regulations.
(e) Only after receiving a referral from the city clerk, the city attorney may:
(1) Conduct an investigation using the city attorney's subpoena powers, except that the city attorney shall not compel a person to file campaign finance reports unless the city attorney has determined that the person is a committee.
(2) Serve the alleged violator with a notice of violation. The notice shall state with reasonable particularity the nature of the violation, shall specify the fine or penalty imposed and shall require compliance within twenty (20) days after the date of issuance of the notice. The city attorney shall impose a presumptive civil penalty equal to the value of amount of money that has been received, spent or promised in violation of this chapter, except that after a finding of special circumstances, the city attorney may impose a penalty of up to three (3) times the amount of the presumptive civil penalty, based on the severity, extent or willful nature of the alleged violation. If the notice of violation requires a person to file campaign finance reports, the reports are not required to be filed until the city attorney's notice of violation has been upheld after any timely appeal.
(3) Keep any nonpublic information gathered by the city attorney in the course of the committee status investigation confidential until the final disposition of any appeal of the enforcement order.
(f) The city attorney has the sole and exclusive authority to initiate any applicable administrative or judicial proceedings to enforce an alleged violation of this article and of this chapter that have been referred by the city clerk.
(g) If the alleged violator:
(1) Takes corrective action within twenty (20) days after the date of the issuance of the notice of violation by the city attorney, the alleged violator is not subject to any penalty.
(2) Does not take corrective action within twenty (20) days after the date of issuance of the notice of violation by the city attorney, the city attorney shall impose the penalty set forth in the notice and shall provide formal notice that the imposition of the penalty is an appealable agency action pursuant to A.R.S. §§ 41-1092.03 and 41-1092.04.
(3) If due to the nature of the violation, no corrective action is possible, the city attorney shall issue an order of compliance and may impose a penalty of up to three (3) times the amount of the presumptive civil penalty, based on the severity, extent or willful nature of the alleged violation.
(h) Within thirty (30) days after receiving from the city attorney the notice of violation or an order of compliance with penalty under subsection (g)(3) of this section, the alleged violator may request a hearing pursuant to A.R.S. Title 41, Chapter 6, Article 10.
(i) After the conclusion of the administrative appeal process prescribed in A.R.S. Title 41, Chapter 6, Article 10, the alleged violator may appeal to the superior court pursuant to A.R.S. Title 12, Chapter 7, Article 6 for judicial review of the final administrative decision.
(Ord. No. 11525, § 2, 2-21-18)
(a) A committee that intends to terminate shall dispose of surplus monies as follows:
(1) Donate surplus monies to the City of Tucson election campaign account established pursuant to section 12-99 of this code.
(2) Donate surplus monies to a nonprofit organization that has tax exempt status under section 501(c)(3) of the internal revenue code.
(3) Return surplus monies to the contributor.
(4) In the case of a candidate committee, contribute surplus monies to a candidate committee for another candidate under the following conditions:
a. The candidate committee makes the contribution after the time period for filing a nomination paper pursuant to section 12-69(b) of this code.
b. The candidate associated with the candidate committee that makes the contribution did not file a nomination paper to run for election in the current election cycle.
(5) For public funding candidates, if following the election wherein the candidate is elected or defeated, the candidate has unexpended campaign contributions, any surplus shall be returned to the election campaign account until the full amount of public matching funds disbursed has been returned. Any remaining unexpended campaign contributions shall be returned to the election campaign account, contributors, or to a non-profit charitable organization. All unexpended campaign contributions must be disbursed no later than the first Monday in December following the election.
(b) Surplus monies shall not be used for or converted to personal use.
(c) This section does not preclude the repayment of a loan to a committee.
(d) Contributions of surplus monies shall be made pursuant to section 12-86 of this code.
(Ord. No. 11525, § 2, 2-21-18)
(a) A committee may terminate only when the committee treasurer files a termination statement with the city clerk.
(b) In the termination statement, the committee treasurer shall certify under penalty of perjury that all of the following apply:
(1) The committee will no longer receive any contributions or make any disbursements.
(2) The committee either:
a. Has no outstanding debts or obligations.
b. Has outstanding debts or obligations, or both, that are all more than five (5) years old, and that the committee's creditors have agreed to discharge the debts and obligations and have agreed to the termination of the committee.
(3) Any surplus monies have been disposed of and that the committee has no cash on hand.
(4) All contributions and expenditures have been reported, including any disposal of surplus monies.
(c) The city clerk may reject the termination statement if it appears that the requirements in subsection (b) of this section have not been satisfied.
(d) After a termination statement is filed, a committee:
(1) Is not required to file any subsequent campaign finance reports.
(2) Shall have no further receipts or disbursements without filing a new statement of organization.
(e) A standing committee may terminate its activities in the City and remain active in other reporting jurisdictions, by filing a statement of that intent with the city clerk.
(Ord. No. 11525, § 2, 2-21-18)
Pursuant to Tucson Charter Chapter XVI subchapter (b) section 6, the mayor and council shall establish an election campaign account in the general fund into which shall be deposited such sums as may be appropriated from time to time in the annual budget, gifts and donations made to the city for the support of public election campaign financing, and such sums as may otherwise be appropriated to said account. Money in said account shall be restricted, and expended for the purpose of assisting the financing of the public matching funds program.
(Ord. No. 11525, § 2, 2-21-18)
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