Thursday, July 28, 2011

Ogden City Code: 1-8-3: CONTRIBUTIONS TO CANDIDATES

1-8-3: CONTRIBUTIONS TO CANDIDATES:

A. Cash Limitation: No person shall make cash contributions during any one reporting period as set forth in this chapter, to any candidate or his or her authorized personal campaign committee with respect to any election for city office, which exceeds fifty dollars ($50.00); however, except as provided in subsection B of this section, there shall be no limit as to the amount contributed by a person to a personal campaign committee or a political action committee if that contribution is made in the form of a personal or certified check or bank draft, or by means of a money order, debit card, credit card, PayPal or similar electronic financial transaction.

B. Contribution Limitation: No person shall make contributions during any election cycle, as set forth in this chapter, to any candidate or his or her personal campaign committee with respect to any election for city office, that, in the aggregate, exceed the following amounts:

Office
Amount



Mayor
$5,000 .00
City council
1,500 .00

C. Anonymous: The acceptance of anonymous contributions is prohibited. Any anonymous contributions received by a candidate or personal campaign committee shall be transmitted to the city treasurer for deposit in the general fund.

D. Candidate Contributions: The limitations imposed by subsections A through C of this section shall not apply to contributions by a candidate of the candidate's own resources to the candidate's own campaign.

E. In Name Of Another: No person shall make a contribution in the name of another person or make a contribution with another person's funds in his or her own name, and no candidate, member of a personal campaign committee, or political action committee shall knowingly accept a contribution made by one person in the name of another person or made by one person with the funds of another person.

F. Advertisement Disclosures: Every advertisement or communication made for a political purpose by a personal campaign committee which is broadcast or published by means of television, radio, newspaper, commercial billboards, direct mailings, mass e-mails, automatic telephone equipment, paid telephonists, leaflets, websites or fliers, shall contain a disclosure of the name of the personal campaign committee responsible for its broadcast or publication; except, this requirement shall not apply to campaign yard and street signs, bumper stickers and pins.

G. Permitted Uses Of Campaign Funds: The candidate or the candidate's personal campaign committee may use the monies in campaign accounts only as follows:

1. For political purposes;

2. For expenses incurred in connection with duties of the individual as a holder of a city office;

3. For charitable contributions defined in section 170(c) of the internal revenue code of 1986 (26 USCS section 170(c));

4. For transfers to a national, state or local committee of a political party;

5. For donations to federal, state or local candidates; or

6. For any other lawful purpose unless prohibited by subsection H of this section.

H. Personal Use; Prohibition: A contribution shall not be converted by any person to personal use. For purposes of this subsection, a contribution or donation shall be considered to be converted to personal use if the contribution or donation is used in a manner that would cause the candidate or former candidate to recognize the monies as taxable income under federal tax law.

(Ord. 2009-39, 6-9-2009)

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