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HomeMy WebLinkAbout1991-09-11 91-342 ORDINANCEDate .,9.11-91 V Item No. 91-342 Item/Sub lace Amending Chapter I of the Ordinances of the City of BangoY — Registration of Political Action Committees Responsible Department: Legal Commentary: This item has been paepared at the request of Council Matter Jeff SOsnaud. It is intended to impose registrationand reporting requirements on local political action committees participating in City elections, similar to those imposed by the State on political action committees participating in State elections. The proposal is not intended to affect the City election currently scheduled for Novemher 5th. Deper(rnem Head Manager's Comments: ' CirY Mannyer Associated Information: Budget Approval: lino ee Dirc Legal Approval: p ./ Acting !oJ<IycsCacdm. o Introduced For - 0Passage Q First Readingn Page — of ©Referral, 91-362 Assigned to Councilor Soenaud, September Il, 1991 CITY OF BANGOR (TITLE.) (fEa6TMUP, Amending...Chapter--I-.of_ the. ordinancea_.of.abe_._..__ City of Bangor -- Registration of Political Action. Committees1 Cieit erdaismiby W City CiuneSsfW atmo£Baygor, a%a .' WHEREAS, Title 21-A, Nein Revised Statutes Annotated, Chapter 13 (55 1001-1062) currently establishes campaign registration and reporting requirements for candidates and political action committees participating in State elections; and WHEREAS, Title 30-A, Maine Revised Statutes Annotated, 5 2502 requires candidates for municipal cipal office i certain Main cities, including Bangor, to complywith. the campaign registration and reporting requirements established for State candidates under Title 21-A, Chapter 13; and WHEREAS, Political action committees participating in Main municipal elections are not currently required to comply with the campaign registration and reporting requirements established .under Title 21-A Chapter 13; and WHEREAS, a system of campaign registration and reporting by local political action committees is desirable to assure that Bangor. municipal elections are conducted in a free and open manner, NOW, THEREFORE, by the City Council of the City of Bangor be it ORDAINED, THAT Chapter I of the Laws and Ordinances of the City of Bangor is hereby amended by the addition of a new Article 5A, as follows: 91-342 CHAPTER I ARTICLE SA - CAMPAIGN REGISTRATION AND REPORTING REQUIREMENTS Sec. 1 National Elections. All candidates for election to national office, and all political action committees or campaign committees participating in such elections, shall comply with the applicable campaign regis- tration and reporting requirements established by Federal or State law. Sec. 2 State Elections. All candidates for election to State office, and all political action committees or campaign committees participating in such elections, shall comply with the applicable campaign registration and report- ing requirements established under Title 21-A Maine Revised Statutes Annotated Chapter 13 (21-A M.R.S.A. SS 1001-1062) or other applicable law, as the same may from time to time be amended. Sec. 3 Municipal Elections. 3.1 Candidates for munacin l office. All candidates for unicipal office within the City of Ranges, and their authorized campaign committees, shall comply with the campaign registration and reporting requirements established under 21-A M.R.S.A. SS 1011-1020 or other applicable law, as the same may from time to time be amended. All reports required to be filed by a candidate or his authorized campaign committee under this Section shall be filed with the Bangor City Clerk. 3.2 Political Action Committees. The term "political action committee" shall have the same meaning as defined in Title 21-A Maine Revised Statutes Annotated, and shall include: 3.2.1 any separate or segregated fund established by any corporation, membership organization, cooperative, or labor organization whose purpose is to influence the outcome of a municipal election, including the election of a candidate for office or a public vote on a referred or initiative item, bond issue, r City Charter amendment. 3.2.2 any person who serves as a funding and transfer mechanism and spends money to initiate, advance, promote, defeat o influence in any way a candidate, campaign, political party, referendum or initiative item, bend issue, or City Charter amendment in the City of Bangor; and 3.2.3 any person who makes expenditures other than by direct contribution to a candidate's -election committee or a political action committee for the Purpose of initiating, promoting or defeating any candidate or question. "Political action committee" does not include a candidate's treasurer or authorized campaign committee; an authorized committee of a political party; or any individual or group whose expenditures in behalf of a particular candidate or question do not exceed $50.00 in any single election campaign or calendar year. 3.3 Annual Reoistration Reauired. Every political action committee that accepts contributions, incurs obligations or makes expenditures in the aggregate inexcess of $50.00 in any single election campaign or any calendar year to initiate, support, defeat or influence in any way a campaign, referendum, initiated petition, candidate, political committee or another political action committee must register with -the City Clerk. within seven (7) calendar days from the date such contributions, obligations or expenditures first exceed $50.00. The City Clerk will provide forms for this purpose. Such forms must contain the information listed below. Failure of the City Clerk to provide the necessary forms shall not excuse a political action committee from the requirement to provide the information indicated. Following its initial registration, every continuing political action committee shall file an annual registration statement containing the following information on a date not more than 120 nor less than 60 days prior to the scheduled date of the City of Bangor's regular municipal election for that calendar year. (a) Identification of committee. The names and mailing addressee of the committee, its treasurer, its principal officers and the identity of any candidate for any City office or who to registered under the State election law (21-A M.R.S.A. g$ 1001 at seg.) who is involved in decision making for the committee; (b) tat s. A statement whether the political action committee is a continuing one; (c) Assets. The total assets of the committee mailable to influence elections in this State at the time of registration to be itemized and to include deposits in financial institutions, real property, personal property, vestments, cash and any other form of wealth available to the committee; (d) Statement of support or opposition. A statement indicating the positions of the committee, support or opposition, with respect to a candidate, political committee, referendum, initiated petition or campaign, if known at the time of registration. If a committee has no position on a candidate, campaign or issue at the time of registration, the committee must inform the City Clerk as soon as the committee knows this Information; and (e) Contributions to committee. The names and mailing addressee of contributors who donate in excess of $50.00 each year to the committee with amount or value of each contribution at the time of registration. Any person who makes contributions on an installment basis, the total of which exceeds $50.00 in the calendar year, is considered a contributor to be identified under this subsection. Any registra- tion report required to be filed under this section shall contain a complete list of all such contributors and contributions made to the committee during the calendar year next proceeding the report's filing date. 3.4 Election Reports Reunited. In addition to the registration report required under Section 3.3 above, every political action committee shall file the following reports with the City Clerk at the times indicated,' (a) Pre-election Report. Not later than x (6) days prior to the scheduled date of any Bangor municipal election in which a committee has participated by accepting contributions, incurring obligations or making expenditures, that political action committee shall fila a written report with the City Clerk listing every individual contribution, obligation or expenditure received, incurred o made by the committee with respect to that particular election. The report shall include the names of all contributors to the committee of any amount in excess of $50.00. The report shall be complete with respect to the committee's activities through and including the 12th day prior to the scheduled election date. The City Clerk may prescribe forms for this purpose. All pre-election, post-election or supplemental reports filed under this section must include any current changes to the information provided in the political action committee's last -filed initial or annual registration report. Such updated information shall specifically include a current statement of support or opposition in accordance with Subsection 3.3(d) above. (b) Post-election ReMxt. Not later than 42 days after the date of any Bangor municipal election in which a committee has participated by accepting contributions, incurring obligations or making expenditures, that political action committee shall file a written report with the City Clerk listing Pry individual contribution, obligation o expenditure received, incurred or made by the committee with respect to that particular election. The report shall include the names of all contributors to the committee of any amount in excess of $50.00. The report shall be complete with respect to the committee's activities through and including the 35th day after the date on which the election was held. The City Clerk may prescribe forms for this purpose. (c) Supplemental Reports. Any political action committee required to file a pre- or post-election report under this Section shall file such supplemental written report as may be necessary to fully report its activities with respect to the election concerned. In the case of a political action committee which was not previously required to register with the City Clerk under Section 3.3 above, a pre-election report required under this Section shall serve as the committee's initial registration. All reports required under this Section shall be filed by a principal officer of the ommittee who shall make affidavit that they are true, correct and complete to the best of the officer's knowledge, information and belief. 3.5 Penalties for Non-compliance. Any political action committee that fails to comply with the requirements of this Article shall he assessed a fine, as follows: Failure to register or late registration $ 10.00 per day late Failure to file timely pre- election report or filing materially incomplete o incorrect pre-election report $250.00 Failure to file post-election report or late filing $ 10.00 per day late Filing inaccurate or incomplete registration or post-slection report $ 10.00 per day until corrected Fines prescribed by this Section shall be assessed by the City Clerk. The failure of a committee to pay in full any such fine within thirty (30) days of the date so assessed shall constitute a civil violation which may be prosecuted upon complaint against the committee or any principal officer thereof. The penalty for such violation upon conviction shall be twice the amount of the fine so assessed. Fines recovered under this Section or upon civil complaint shall be paid into the City's General Fund. 3.6 Effective pate. This ordinance shall take effect on January 1, 1992. In City Council. September 11, 1991 First Reading ,, City C1 h 91-342 OPDINANCE ( TITLE,) Amending Chapter I of the Crdinences of the City of Bangor Registration of Poliv . G Aedp:ed to IN CITY COUNCIL \ October 16, 1991 tkvvxitwnt Tab Z:ad to octobFi28th meeting - failed to pans by rho folloving yea and no votes. Councilor voting yea: Bragg, Stone and Sullivan.Councilors voting no: Baldacci, Frankel, Berl and Sosnaud. Councilor absent: Cohen and Sawyer. Ordinance failed passage by the following yea and novotes. Councilor voting yea. Badgered, Frankel. Sall and Sosnaud. Councilors voting no: Bragg. Stone and Sullivan. Councilors absent: Cohen and Sawyer. -