Campaign Finance Reports
Report 1 (Due July 23, 2013)
Report 2 (Due Aug. 19, 2013)
Report 3 (Due Sept. 19, 2013)
The following is taken from city municipal code related to city elections and campaign procedures.
The purpose of this subchapter is to adopt a policy concerning campaign practices, candidate expenses, contribution reports and campaign ethics. (’87 Code, § 1-3-1) (Ord. 85-150; Am. Ord. 93-021; Am. Ord. 95-014; Am. Ord. 96-027)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CAMPAIGN MATERIAL. Any circular, pamphlet, letter, poster, billboard, placard, handbill, card, bumper sticker, decal or other printed or written matter, or radio or television announcement.
CAMPAIGN REPORT. A report of all contributions received and expenditures made.
CANDIDATE. Any individual listed on the ballot for election to any city office or any person who otherwise has taken affirmative action to seek election to city office.
COMMITTEE. A combination of two or more persons acting jointly in support of, or in opposition to a candidate or to the adoption or defeat of one or more measures.
CONTRIBUTION. A gift, subscription, loan, advance, deposit, pledge, contract, agreement or promise of money, service or anything of value or other obligation, made directly or indirectly to a campaign. Where goods, materials, services, facilities or anything of value other than money is contributed or expended, the monetary value thereof shall be the fair market value.
ELECTION. Any regular or special city election.
EXPENDITURE. A payment, pledge or promise of payment or money for anything of value or other obligation, for goods, materials, services or facilities.
MEASURE. Any proposition or question submitted to a popular vote at an election, or circulated for purposes of submission to a popular vote at any election, whether or not the proposition or question qualifies for the ballot.
PERSON. Any individual acting alone in support of or in opposition to a candidate or to the adoption or defeat of one or more measures.
30.26 Campaign Treasurer
(A) Each candidate, person or committee, shall appoint the Campaign Treasurer. A candidate or person may appoint himself as Campaign Treasurer. (B) The name, address and telephone number of the Campaign Treasurer shall be filed with the City Clerk not later than five days after filing for candidacy or issuance of a proclamation calling for election.
(C) The Campaign Treasurer shall keep a true and full record of all contributions and expenditures, to include:
(1) The name and address of every contributor whose total contribution exceeds $50;
(2) The amount and form of every contribution;
(3) A full record of all disbursements;
(4) Receipts exceeding $15, reflecting the purpose of each expenditure, the date and method of payment; and
(5) All campaign bank records.
(D) Campaign records shall be preserved by the Campaign Treasurer or candidate at least two years after the date of the election for which the accounts are required to be kept.
(A) Each candidate, person or committee shall file a campaign report with the City Clerk, on a form prescribed by the City Clerk. (’87 Code, § 1-3-10) (B)(1) Each campaign report which identifies contributions and expenditures exceeding $250, shall itemize each item of contribution and expenditure including:
(a) The amount of contribution or expenditure or value of goods and services contributed;
(b) The purpose of the contribution or expenditure;
(c) The date of the contribution or expenditure;
(d) The name and address of the person or entity from whom any cumulative contribution exceeding $50 was received; and
(e) The name and address of the person or entity to whom any cumulative expenditure exceeding $50 was made.
(2) Each campaign report shall contain the total of all contributions and expenditures.
(3) An itemized campaign report is not required if neither the total contributions received nor the total expenditures exceed $250. However, the campaign report shall contain a written declaration, under oath, that neither the campaign contributions nor the expenditures exceed $250.
(4) Each campaign report shall contain a declaration that the campaign report has been prepared with all reasonable diligence and that it is true and complete.
(5) Each campaign report shall be subscribed and sworn to by the candidate or Campaign Treasurer.
(’87 Code, § 1-3-11)
(C)(1) Three mandatory campaign reports shall be filed during the following periods:
(a) The first shall be filed not later than 28 days prior to an election. The first campaign report shall contain a total listing of all contributions and expenditures made within 365 days preceding the date of the election.
(b) The second shall be filed not later than 12:00 noon the day preceding the date of the election.
(c) The third shall be filed not later than 30 days after an election.
(2) Additionally, a fourth report shall be filed every six months following the election, as long as any debt remains unpaid by the candidate, person or committee. In the event no debt remains unpaid, a declaration affirming such shall be filed with the City Clerk.
(’87 Code, § 1-3-12)
(3)(a) Any remaining contributions not expended on the campaign shall be disposed of, at the option of the candidate, by one of the following methods:
1. Retained in the campaign bank checking account for a possible runoff election for that office or challenge to the election;
2. Returned to the person who made the contribution;
3. Placed in the City of Rio Rancho’s General Fund; or
4. Given to a registered charity identified by the candidate.
(b) The final campaign financing statement shall reflect the final disposition of such contributions.
(D)(1) If any candidate or Campaign Treasurer files a report of expenditures and contributions after the deadline, or if the candidate or Campaign Treasurer files an incomplete report, the candidate shall pay to the city, at the time of filing, the sum of $10 per day for each regular working day after the time required by this subchapter, until the complete report is filed.
(2) It is unlawful for a candidate or Campaign Treasurer to knowingly and willfully file a false report of expenditures and contributions.
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99
(B) Any person violating §§ 30.20 through 30.27 shall be guilty of a misdemeanor.
10.99 General Penalty
Any person found guilty of violating any of the provisions of this code shall be fined not more than $500 or imprisoned for a period of not more than 90 days, or by both such fine and imprisonment, and each day this code is violated shall constitute a separate offense, provided, however, that if a specific penalty is provided therefor in any particular and individual section of this code, then the specific penalty shall prevail.
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