Ordinance 90-21
To:
Members of Dublin City Council
From: Dana L. McDaniel, City Manager
Date: November 9, 2021
Initiated By: Jennifer D. Readler, Law Director
Re: Ordinance No. 90-21 – Amending Chapter 31 Under Title III of the City of
Dublin Codified Ordinances to Update the Campaign Contribution Limits and
the Campaign Finance Disclosure Regulations
Background and Summary of Prior Action
At the November 1, 2021 Council work session, Council considered whether to pursue updates to
the campaign contribution limits and campaign disclosure filings in the City Code. Council
determined that they would like to pursue both. This Memorandum and the accompanying
legislation reflect the revisions suggested by Council at that meeting.
Background
The City of Dublin created its own set of regulations related to campaign finance for City Council
candidates. The Code regulates the amount of campaign contributions that an individual running for
City Council may receive. These amounts have not been updated for some time. Dublin originally set
its contribution limits in 1999. At that time, the limits were set at $100 for all city council candidates.
In 2009, the contribution limits were raised to their current amounts.
The Code also requires candidates to file campaign disclosure statements with the Clerk of Council.
The current version requires three filings in addition to the Ohio Revised Code disclosures required
to be filed with the County Board of Elections. The City’s filing dates are different from the dates
required by the ORC.
Implementation Plans and Summary of Proposed Ordinance
This draft ordinance would amend two current sections of Chapter 31 to update the campaign
contribution limits and dates for filing campaign finance disclosure statements.
The draft ordinance would update the campaign contribution limits for a ward Council candidate to
$185 and the limits for an at-large Council candidate to $310. Because the contribution limits were
last amended in 2009, the new numbers reflect an average of the Consumer Price Index since the
last amendment. The Finance Department assembled the following table and averaged the numbers
to arrive at the new limits:
Office of the City Manager
5555 Perimeter Drive • Dublin, OH 43017-1090
Phone: 614.410.4400 • Fax: 614.410.4490 Memo
Memo re. Ord 90-21
Amending Chapter 31 Under Title III of the City of Dublin Codified Ordinances
The new limits reflect rounding to the nearest five dollars. The draft ordinance also removes
Council’s review of the contribution limits every four years and instead authorizes the Clerk of
Council to automatically update the limits every four years based on the average of the previous
four years of the Consumer Price Index.
The draft ordinance would also amend the dates on which candidates must file disclosure
statements. The first pre-election disclosure is eliminated in the draft and the new dates align with
two of the dates on which candidates must file statements with the County Board of Elections: the
pre-election filing date 12 days before the election and the post-election filing date 38 days after the
election. It also requires all candidates to file their disclosure statements on the State of Ohio forms
that are submitted to the County Board of Elections regardless of whether the candidate is required
to submit the documentation to the County by State law (under the Ohio Revised Code, some city
candidates are not required to file with the County Board of Elections). The forms submitted to the
Clerk should report the contributions and expenditures from the same timeframes as the forms
submitted to the County Board of Elections.
Campaign Contribution Limitations
Subsection (a), below, provides an overview of the legal considerations for the City with respect to
setting campaign finance contribution limits. Subsections (b) through (e) provide an overview of the
current limits imposed on City Council candidates by the City of Dublin, other Ohio municipalities,
and lastly other municipalities throughout the United States.
a. Legality of Campaign Contribution Limits
As a charter municipality, Dublin can pass regulations governing campaigning. In the case of Frank
v. City of Akron, 290 F.3d 813 (2002), the Sixth Circuit Court of Appeals upheld the constitutionality
of Akron, a charter city’s, campaign contribution limitations and reporting requirements for local
political candidates.
b. City of Dublin Campaign Contribution Limits
Dublin has a population of approximately 49,037 people. The Code indicates that no candidate for a
ward Council seat can receive from an individual, political action committee, separate segregated
fund, political contribution entity, campaign committee, political party, or other organization, a
donation or in-kind contribution totaling more than $150 per calendar year. The Code prohibits a
candidate for an at-large City Council seat from receiving a donation or in-kind contribution from the
Memo re. Ord 90-21
Amending Chapter 31 Under Title III of the City of Dublin Codified Ordinances
same sources outlined above totaling more than $250 per calendar year. These contribution limits
do not apply to: (a) unpaid volunteering services, (b) ordinary home hospitality, (c) personal
expenses of a volunteer that the volunteer pays for, or (d) the candidate's contributions to their own
campaign fund.
The Code indicates that the contribution limits outlined above may be reviewed by City Council
every four years, starting in 2012. The Code indicates that Council may consider basing any increase
or decrease to these limitations on the yearly average of the previous four years of the Consumer
Price Index for All Urban Consumers, as determined by the United States Department of Labor or a
successor entity.
c. Campaign Contribution Limits for Other Ohio Municipalities
i. The City of Akron
Akron has a population of approximately 197,597 people. The Akron City Code limits monetary or
in-kind contributions and loans of candidates running for at-large city council seats to $750 from an
individual, campaign committee, political party, or political action committee per election. The Code
limits monetary or in-kind contributions and loans for candidates running for a council ward position
to $500 from the same entities mentioned above, per election. Contributions from the candidates
themselves or labor of volunteers are exempt from these limitations. Further, for individuals running
for any city council position, there is a limitation on cash contributions of $25 per election.
Akron last updated their campaign contribution limits in 2014. Just two years prior, in 2012, the
limits were raised to $650 for at-large council candidates and $400 for ward council candidates. In
2011, the limits were amended to $450 for at-large council candidates and $200 for ward council
candidates. In 2003, the limits were amended to $300 for at-large council candidates and $100 for
ward council candidates. In 2000, Akron originally set their contribution limits at $1,000 for at-large
council candidates and $700 for ward council candidates, per election. The City again considered
raising their campaign contribution limits in 2016 and 2019, although the amendments did not pass.
ii. The City of Cincinnati
Cincinnati as a population of approximately 303,940 people. The Cincinnati City Code limits
members of council to receiving between elections not more than $1,100 from an individual, $2,700
from a political action committee, or $10,500 from a legislative campaign fund or political party. The
personal contributions of the candidate or their spouse do not count toward these limits and neither
do unexpended permissible contributions raised in one period and carried over to the next.
Generally, any donation from a political action committee will be attributed to all affiliated groups
such as any entity financed by the same corporation or both the local and national levels of the
committee.
iii. The City of Cleveland
The City of Cleveland has a population of approximately 381,009 people. The City of Cleveland Code
limits contributions to individuals running for city council to $1,500 from an individual per calendar
year. No candidate for council can accept a contribution of more than $3,000 from any political
action committee per calendar year. Lastly, no corporation is permitted to make a contribution to a
candidate for city council. These limitations do not apply to a candidate’s own contributions to their
campaign. Moreover, if the donor is an employee of the City of Cleveland, the candidate for city
council cannot accept a donation of more than $100 per calendar year.
Memo re. Ord 90-21
Amending Chapter 31 Under Title III of the City of Dublin Codified Ordinances
iv. The City of Columbus
Columbus has a population of approximately 898,553 people. The City of Columbus Code limits the
contributions of an individual to $13,704.41 for any candidate for city council per calendar year. No
political action committee, political contributing entity, campaign committee (that is not a municipal
committee), or federal political committee can contribute more than $13,704.41 within a calendar
year to a city council candidate. No municipal campaign committee can contribute more than
$13,704.41 within a calendar year to a city council candidate. Contributions from City of Columbus
employees are prohibited as to an office that is or will be their appointing authority.
The City of Columbus Code regarding campaign finance contributions was amended in 2019 and
again in 2021. The contribution limits are adjusted by the city clerk in each odd numbered year to
be equivalent with the state-wide candidate contribution limits in R.C. 3517.104.
v. The City of Upper Arlington
Upper Arlington has a population of approximately 35,366 people. The Upper Arlington Code limits
contributions to a member of, or candidate for, city council to $250 per calendar year to be used as
campaign funds. Individuals, corporations, and organizations are prohibited from making cash
contributions to a member of, or candidate for, city council of more than $100 to be used as
campaign funds in each primary, special, or general election or in a non-election calendar year. City
of Upper Arlington employees are prohibited from making any contribution toward the nomination
or election of any candidate for city council.
In 1993, the contribution limit for any council member or candidate was set at $200. In 2006, the
limits were updated to their current amount.
d. Contributions Under the Ohio Revised Code
Individuals running for city council positions are not limited in the amount of campaign contributions
that they are able to receive under the Ohio Revised Code, other than those received in cash, which
has a $100 limit. These campaigns are governed by municipal and county charters.
e. Contribution Limits Nationally
A review of municipalities throughout the United States shows that campaign finance contributions
are regulated in several ways. For example, some municipalities set their own campaign contribution
limits while others choose to simply enforce, or allow the state to enforce, state mandated limits for
local candidates. Municipalities often have their own set of exemptions and additions with respect to
contribution limits as well. Below is an overview of some cities throughout the United States.
i. The City of Dallas, Texas
For comparison, Dallas has a population of just over 1.3 million people. The City of Dallas has its
own campaign finance contribution limits. Candidates for city council are limited to accepting
donations of $1,000 from individuals per election cycle. Political action committees are permitted to
donate up to $2,500 per election for a city council candidate.
ii. The City of Aurora, Colorado
Aurora has a population of approximately 379,289 people. The City of Aurora sets its own
contribution limits. A candidate cannot accept a donation of more than $400 for a ward council
campaign or $1,000 for an at-large council campaign from an individual or political committee, other
Memo re. Ord 90-21
Amending Chapter 31 Under Title III of the City of Dublin Codified Ordinances
than a small donor committee. Non-municipal political organizations can make contributions of the
same limits outlined above as long as the funds do not come from a prohibited source. Small donor
committees cannot make contributions in excess of ten times the limits established above
depending on whether they are contributing to a ward or at-large council race.
Campaign Finance Disclosure
Individuals running for local government positions are required to file campaign finance disclosure
statements with the County Board of Elections. Municipalities are also able to set their own
requirements for the filing of campaign disclosure statements. The specific requirements of the
Franklin County Board of Elections and the City of Dublin are outlined below.
a. Financial Disclosures required by the Franklin County Board of Elections
Under the Ohio Revised Code, candidates must file campaign finance disclosures four times per
year. For local candidates, including city council members, there are the following potential filings
that must be submitted to the County Board of Elections by 4:00 p.m. on the following days: (a) the
annual filing – the last day of business of January to disclose activity from the last filing through
December 31st, (b) the semiannual filing – the last business day of July to disclose activity from the
last filing through June 30th, (c) the pre-general filing – the 12th day before the election to disclose
activity from the last filing through the 20th day before the election, and (d) the post-general filing –
the 38th day after the election to disclose activity from the last filing through the 7th day before the
filing is due. The Ohio Revised Code has various exceptions to such filing requirements.
b. Financial Disclosures required by the City of Dublin Code
Currently, the Dublin City Code requires filings at similar, yet different, intervals from those required
under the Ohio Revised Code. Under the City Code, a candidate must file disclosure statements by
4:00 p.m. on the following days: (a) on the Friday 32 days before the date of the election to
disclose all contributions, in-kind contributions, and expenditures as of the date of the filing, (b) on
the Friday 11 days before the election to disclose each contribution, in-kind contribution, and
expenditure, and (c) on the Friday 38 days after the election to disclose each contribution, in-kind
contribution, and expenditure as of the date of the filing.
Recommendation
Staff recommends approval of Ordinance 90-21 at the December 6, 2021 Council Meeting.
CHAPTER 31: CITY OFFICIALS
§ 31.07 CAMPAIGN CONTRIBUTION LIMITS.
(A) (A) Contribution limitation. No person, political action committee, separate
segregated fund, political contribution entity, campaign committee, political party
or other organization, as such terms are defined in R.C. Chapter 3517, shall
make and no candidate for ward Council member shall accept a contribution or
in-kind contribution combined from the same source of more than $185 per
calendar year and no candidate for at-large Council member shall accept a
contribution or in-kind contribution combined from the same source of more than
$310 per calendar year. Campaign contribution limits shall be automatically
adjusted every four years, beginning in 2025, by the Clerk of Council to reflect
the yearly average of the previous four years of the Consumer Price Index for All
Urban Consumers, as determined by the United States Department of Labor or
successor entity. In February of each year that there is to be an adjustment, the
City Clerk will calculate the new limits. Adjustments made pursuant to this section
shall be rounded to the nearest $5. The updated limits must be completed and
published on the City website by March 1st of the year that they are updated. The
adjustments shall be effective upon publication, and shall apply to any election
occurring after the effective date.
(B) Application.
(1) This section shall apply to all candidates for all elected city offices and political
action committees, separate segregated funds, political contributing entities, political
parties, and any other organization making an expenditure, as such term is defined in
R.C. Chapter 3517 in support of or in opposition to candidates for city elected offices.
(2) This section shall not apply to services provided without compensation by
persons volunteering a portion or all of their time on behalf of a person, ordinary home
hospitality, or the personal expenses of a volunteer paid for by that volunteer campaign
worker.
(C) Contribution definition. Contribution means any money, loan, gift, deposit,
forgiveness of indebtedness, donation, advance, payment, or transfer of funds or
anything of value, including a transfer of funds from an inter vivos or testamentary trust
or decedent's estate, which contribution is received for the purpose of influencing the
results of an election. The date of a contribution is the date that it is received, not the
date of deposit or the date on a check.
(D) In-kind contribution definition. In-kind contribution means anything of value other
than money that is used to influence the results of an election or is transferred to or
used in support of or in opposition to a candidate, campaign committee and that is
made with the consent of, in coordination, cooperation, or consultation with, or at the
request or suggestion of the benefitted candidate or campaign committee. When
disclosing in-kind contributions pursuant to § 31.08 a candidate or campaign committee
shall give a fair market value to the in-kind contribution.
(E) Candidate resources. The limitations imposed by this section shall not apply to
contributions of a candidate's own resources to the candidate's own campaign.
(F) Independent expenditures. The limitations imposed by this section shall not
apply to independent expenditures. Independent expenditures shall mean expenditures
Deleted: 150
Deleted: 250
Deleted: The contribution limitations may be
reviewed by Council every four years beginning in
2012 to determine whether a decrease or increase is
warranted. Council may consider basing its increase
or decrease rationale on the yearly average of the
previous four years of the Consumer Price Index for
All Urban Consumers, as determined by the United
States Department of Labor or successor entity.
Formatted: Superscript
Formatted: Font: (Default) Arial, 12 pt, Font color:Custom Color(RGB(33,37,41))
by a person, political action committee, separate segregated fund, political contributing
entity, unaffiliated campaign committee, political party, or other organization advocating
the election or defeat of an identified candidate or candidates, that is not made with the
consent of, in coordination, cooperation, or consultation with, or at the request or
suggestion of any candidate or candidates or of the campaign committee or agent of the
candidate or candidates.
(Ord. 50-99, passed 5-17-99; Am. Ord. 04-09, passed 5-4-09)
§ 31.08 CAMPAIGN FINANCE DISCLOSURE.
(A) Definitions.
(1) Unless stated otherwise in this section, for the purposes of this section, the
words and phrases used herein shall have the meanings set forth in R.C. Title
35. Contribution and in-kind contribution shall have the same meaning as in
§ 31.07. Expenditure means the disbursement or use of a contribution for the purpose
of influencing the results of an election.
(2) Expenditures shall be disclosed by candidates for city elective office as of the
date they are paid. The date listed for each expense should be the date that a check or
other payment instrument is mailed, handed over or transmitted.
(B) Application. This section shall apply to all candidates for all elected city offices.
(C) Computation of time. Notwithstanding any other provision in the City Codified
Ordinances, any reporting dates set forth below shall be computed using calendar days
counting each day.
(D) Candidate disclosure statements. In addition to the registration and reporting
requirements contained in R.C. Chapter 3517, all candidates for elected city offices
shall file with the Clerk of Council, at the times specified in subsections (E)(1) and
(E)(2), a copy of the disclosure forms provided by the Secretary of State regardless of
whether they are required by law to file such forms with the County Board of Elections.
(E) Deadlines for candidate disclosure statements.
(1) Pre-election Statement. All candidates who shall appear on the ballot at the
immediately forthcoming election shall file a statement by 4:00 p.m., 12 days before the
date of the election.
(2) Post-election Statement. All candidates who appeared on the ballot at the
immediately preceding election shall file a statement by 4:00 p.m., 38 days after the
date of the election.
(3) The statements required under subsections (E)(1) and (E)(2) shall be filed in
addition to any other provisions of state law and notwithstanding any provisions of state
election law that exempt from reporting requirements contributions under a minimum
amount.
(F) Contents of pre-election disclosure statements. The statement required by
subsection (E)(1) shall include: a list of each contribution received, all in-kind
contributions, and the name and address of each donor, an aggregate total of all
contributions and in-kind contributions received. The statement shall also include a list
of each expenditure of contributions made during the campaign period, and the recipient
of each expenditure. This statement shall include all such activity during the campaign
period through the 20th day before the election.
(G) Contents of post-election disclosure statements. The statement required by
subsection (E)(2) shall include all activity since the latest date of activity included in the
Deleted: no candidate for city elective office shall fail
to file a signed campaign financial statement with the
Clerk of Council pursuant to the deadlines as set forth
in §
Deleted: 31.08(E)(1) through (E)(3).
Deleted: ¶
(1) By 4:00 p.m. on the Friday, 32 days before the
date of the election, reporting each contribution and all
in-kind contributions and each expenditure as of the
date and time of the filing;
Deleted: 2
Deleted: By 4:00 p.m. on the Friday, 11 days before
the date of the election, reporting each contribution and
all in-kind contributions and each expenditure as of the
date and time of the filing; and
Deleted: 3
Deleted: By
Deleted: on the Friday
Deleted: reporting each contribution and all in-kind
contributions and each expenditure as of the date and
time of the filing.
Deleted:
Deleted: this
Deleted: s filed on the Friday, 32 and on the Friday, 11
days before the general election by candidates for
elective city offices
Deleted: ,
Deleted: and
Deleted: s filed on the Friday, 38 days after the general
election by candidates for elected city offices
pre-election filing through the 31st day after the election including: a list of each
contribution and in-kind contribution received by the candidate of campaign that was not
included in the pre-election filing, and the name and address of each donor, an
aggregate total of all contributions and in-kind contributions that was not included in the
pre-election filing, and a list of each expenditure of contributions made after the pre-
election filing, and the recipient of each expenditure.
(H) Publication. The Clerk of Council shall publish the candidate disclosure
statements discussed in divisions (F) and (G) of this section on the city's web site or
other generally accepted medium, as designated by Council.
(I) Review. The Director of Accounting and Auditing shall review all candidate
disclosure statements filed under the provisions of this section for compliance and shall
refer to the Director of Law any matter which appears to possibly conflict with or violate
any of the provisions of this section.
(J) Ohio law. The provisions of the laws of the State of Ohio pertaining to elections
that are not inconsistent with the provisions of this section shall remain in full force and
effect and shall apply in addition to the requirements of this section. In the event of a
conflict between the provisions of the laws of the State of Ohio and the provisions of this
section, the provisions of this section shall control.
(Ord. 51-99, passed 5-17-99; Am. Ord. 80-03, passed 7-21-03; Am. Ord. 04-09, passed
5-4-09; Am. Ord. 03-12, passed 2-13-12)
§ 31.09 CAMPAIGN FINANCE ENFORCEMENT.
(A) Contribution limit penalties. Any candidate or person who knowingly refuses or
fails to comply with the requirements of § 31.07(A) is guilty of a third degree
misdemeanor and shall be fined not more than three times the amount accepted. A
political action committee, separate segregated fund, political contributing entity,
campaign committee, political party, or other organization violating § 31.07(A) shall be
fined not more than three times the amount contributed.
(B) Return of contribution. In the event that a candidate returns to its source any
contribution or contributions received from that source in excess of the amounts
permitted under the provisions of this chapter within five business days of the receipt of
such excess contribution, such excess contribution shall not be considered to have
been solicited or accepted by such candidate and the candidate, person, political action
committee, separate segregated fund, political contributing entity, political party, or other
organization will not be liable under the provisions of this section.
(C) Candidate disclosure statement penalties. Any candidate who fails to file any
disclosure statement required under § 31.08, knowingly files inaccurate information, or
fails to provide information required in any such report is guilty of a fourth degree
misdemeanor.
(D) Reporting. Any person with personal knowledge of a violation of
§§ 31.07 or 31.08 may report such information on a sworn affidavit to the Director of
Law. The Director of Law shall transmit sworn affidavits to the City Manager, who shall
consult with the Director of Law to hire Special Counsel who shall investigate the
allegations and prosecute violations. The Director of Law shall also transmit to the City
Manager matters referred from the Director of Accounting and Auditing under § 31.08(I),
and the City Manager shall consult with the Director of Law in the same manner to hire
Special Counsel. If Special Counsel determines that there is probable cause to
Deleted: after the date for the statements filed 11 days
before the election,
Deleted: received after the date for the statements
filed 11 days before the election,
Deleted: the date for the statements filed 11 days
before the election,
4843-3725-8495v6
prosecute, Special Counsel shall prosecute the matter in the Franklin County Municipal
Court.
(Ord. 04-09, passed 5-4-09)
Deleted: 4843-3725-84954891-0370-7906
Deleted: v5v1
CHAPTER 31: CITY OFFICIALS
§ 31.07 CAMPAIGN CONTRIBUTION LIMITS.
(A) Contribution limitation. No person, political action committee, separate
segregated fund, political contribution entity, campaign committee, political party or
other organization, as such terms are defined in R.C. Chapter 3517, shall make and no
candidate for ward Council member shall accept a contribution or in-kind contribution
combined from the same source of more than $185 per calendar year and no candidate
for at-large Council member shall accept a contribution or in-kind contribution combined
from the same source of more than $310 per calendar year. Campaign contribution
limits shall be automatically adjusted every four years, beginning in 2025, by the Clerk
of Council to reflect the yearly average of the previous four years of the Consumer Price
Index for All Urban Consumers, as determined by the United States Department of
Labor or successor entity. In February of each year that there is to be an adjustment,
the City Clerk will calculate the new limits. Adjustments made pursuant to this section
shall be rounded to the nearest $5. The updated limits must be completed and
published on the City website by March 1st of the year that they are updated. The
adjustments shall be effective upon publication, and shall apply to any election
occurring after the effective date.
(B) Application.
(1) This section shall apply to all candidates for all elected city offices and political
action committees, separate segregated funds, political contributing entities, political
parties, and any other organization making an expenditure, as such term is defined in
R.C. Chapter 3517 in support of or in opposition to candidates for city elected offices.
(2) This section shall not apply to services provided without compensation by
persons volunteering a portion or all of their time on behalf of a person, ordinary home
hospitality, or the personal expenses of a volunteer paid for by that volunteer campaign
worker.
(C) Contribution definition. Contribution means any money, loan, gift, deposit,
forgiveness of indebtedness, donation, advance, payment, or transfer of funds or
anything of value, including a transfer of funds from an inter vivos or testamentary trust
or decedent's estate, which contribution is received for the purpose of influencing the
results of an election. The date of a contribution is the date that it is received, not the
date of deposit or the date on a check.
(D) In-kind contribution definition. In-kind contribution means anything of value other
than money that is used to influence the results of an election or is transferred to or
used in support of or in opposition to a candidate, campaign committee and that is
made with the consent of, in coordination, cooperation, or consultation with, or at the
request or suggestion of the benefitted candidate or campaign committee. When
disclosing in-kind contributions pursuant to § 31.08 a candidate or campaign committee
shall give a fair market value to the in-kind contribution.
(E) Candidate resources. The limitations imposed by this section shall not apply to
contributions of a candidate's own resources to the candidate's own campaign.
(F) Independent expenditures. The limitations imposed by this section shall not
apply to independent expenditures. Independent expenditures shall mean expenditures
by a person, political action committee, separate segregated fund, political contributing
entity, unaffiliated campaign committee, political party, or other organization advocating
the election or defeat of an identified candidate or candidates, that is not made with the
consent of, in coordination, cooperation, or consultation with, or at the request or
suggestion of any candidate or candidates or of the campaign committee or agent of the
candidate or candidates.
(Ord. 50-99, passed 5-17-99; Am. Ord. 04-09, passed 5-4-09)
§ 31.08 CAMPAIGN FINANCE DISCLOSURE.
(A) Definitions.
(1) Unless stated otherwise in this section, for the purposes of this section, the
words and phrases used herein shall have the meanings set forth in R.C. Title
35. Contribution and in-kind contribution shall have the same meaning as in
§ 31.07. Expenditure means the disbursement or use of a contribution for the purpose
of influencing the results of an election.
(2) Expenditures shall be disclosed by candidates for city elective office as of the
date they are paid. The date listed for each expense should be the date that a check or
other payment instrument is mailed, handed over or transmitted.
(B) Application. This section shall apply to all candidates for all elected city offices.
(C) Computation of time. Notwithstanding any other provision in the City Codified
Ordinances, any reporting dates set forth below shall be computed using calendar days
counting each day.
(D) Candidate disclosure statements. In addition to the registration and reporting
requirements contained in R.C. Chapter 3517, all candidates for elected city offices
shall file with the Clerk of Council, at the times specified in subsections (E)(1) and
(E)(2), a copy of the disclosure forms provided by the Secretary of State regardless of
whether they are required by law to file such forms with the County Board of Elections.
(E) Deadlines for candidate disclosure statements.
(1) Pre-election Statement. All candidates who shall appear on the ballot at the
immediately forthcoming election shall file a statement by 4:00 p.m., 12 days before the
date of the election.
(2) Post-election Statement. All candidates who appeared on the ballot at the
immediately preceding election shall file a statement by 4:00 p.m., 38 days after the
date of the election.
(3) The statements required under subsections (E)(1) and (E)(2) shall be filed in
addition to any other provisions of state law and notwithstanding any provisions of state
election law that exempt from reporting requirements contributions under a minimum
amount.
(F) Contents of pre-election disclosure statements. The statement required by
subsection (E)(1) shall include: a list of each contribution received, all in-kind
contributions, and the name and address of each donor, an aggregate total of all
contributions and in-kind contributions received. The statement shall also include a list
of each expenditure of contributions made during the campaign period, and the recipient
of each expenditure. This statement shall include all such activity during the campaign
period through the 20th day before the election.
(G) Contents of post-election disclosure statements. The statement required by
subsection (E)(2) shall include all activity since the latest date of activity included in the
pre-election filing through the 31st day after the election including: a list of each
contribution and in-kind contribution received by the candidate of campaign that was not
included in the pre-election filing, and the name and address of each donor, an
aggregate total of all contributions and in-kind contributions that was not included in the
pre-election filing, and a list of each expenditure of contributions made after the pre-
election filing, and the recipient of each expenditure.
(H) Publication. The Clerk of Council shall publish the candidate disclosure
statements discussed in divisions (F) and (G) of this section on the city's web site or
other generally accepted medium, as designated by Council.
(I) Review. The Director of Accounting and Auditing shall review all candidate
disclosure statements filed under the provisions of this section for compliance and shall
refer to the Director of Law any matter which appears to possibly conflict with or violate
any of the provisions of this section.
(J) Ohio law. The provisions of the laws of the State of Ohio pertaining to elections
that are not inconsistent with the provisions of this section shall remain in full force and
effect and shall apply in addition to the requirements of this section. In the event of a
conflict between the provisions of the laws of the State of Ohio and the provisions of this
section, the provisions of this section shall control.
(Ord. 51-99, passed 5-17-99; Am. Ord. 80-03, passed 7-21-03; Am. Ord. 04-09, passed
5-4-09; Am. Ord. 03-12, passed 2-13-12)
§ 31.09 CAMPAIGN FINANCE ENFORCEMENT.
(A) Contribution limit penalties. Any candidate or person who knowingly refuses or
fails to comply with the requirements of § 31.07(A) is guilty of a third degree
misdemeanor and shall be fined not more than three times the amount accepted. A
political action committee, separate segregated fund, political contributing entity,
campaign committee, political party, or other organization violating § 31.07(A) shall be
fined not more than three times the amount contributed.
(B) Return of contribution. In the event that a candidate returns to its source any
contribution or contributions received from that source in excess of the amounts
permitted under the provisions of this chapter within five business days of the receipt of
such excess contribution, such excess contribution shall not be considered to have
been solicited or accepted by such candidate and the candidate, person, political action
committee, separate segregated fund, political contributing entity, political party, or other
organization will not be liable under the provisions of this section.
(C) Candidate disclosure statement penalties. Any candidate who fails to file any
disclosure statement required under § 31.08, knowingly files inaccurate information, or
fails to provide information required in any such report is guilty of a fourth degree
misdemeanor.
(D) Reporting. Any person with personal knowledge of a violation of
§§ 31.07 or 31.08 may report such information on a sworn affidavit to the Director of
Law. The Director of Law shall transmit sworn affidavits to the City Manager, who shall
consult with the Director of Law to hire Special Counsel who shall investigate the
allegations and prosecute violations. The Director of Law shall also transmit to the City
Manager matters referred from the Director of Accounting and Auditing under § 31.08(I),
and the City Manager shall consult with the Director of Law in the same manner to hire
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Special Counsel. If Special Counsel determines that there is probable cause to
prosecute, Special Counsel shall prosecute the matter in the Franklin County Municipal
Court.
(Ord. 04-09, passed 5-4-09)