Explanation
Background:
Seeking to impact public policy is a right of all citizens. At the same time, citizens have a right to know the identity of persons seeking to influence public policy and elections because they will be governed by the decisions that are made and the officials who are elected.
The City of Columbus finds that such disclosure is vital to an informed electorate and informed citizenry and preserving a democratic form of government. Such disclosure serves to prevent the appearance of impropriety in the public policy decision making process at the legislative and executive levels. Council further finds that such communications influence the result of elections on candidates and ballot issues even in the absence of words of express advocacy.
The City of Columbus affirms that the Election Period Communication Disclosure statements required by division (C) of this section are in the public interest of the citizens of the City of Columbus. Citizens have a right to know the identity of persons seeking to influence public policy and elections because they will be governed by the decisions that are made and the officials who are elected. Additional disclosure requirements are vital to an informed citizenry and preserving a democratic form of government.
A workgroup shall be appointed consisting of four members determined by the Board of Elections and one member each from the Mayor's Office, City Council, City Attorney and City Auditor to explore the best ways to facilitate and fund electronic campaign disclosure.
Fiscal Impact:
The fiscal impact is minimal. The City will work with the Franklin County Board of Elections on implementation, monitoring and coordination as it relates to these new campaign finance filing requirements to ensure that the costs associated with this ordinance remain minimal.
Title
To enact a new Section 2321.53 in the Columbus City Code where additional campaign finance disclosure requirements related to municipal elections are adopted above and beyond the State of Ohio standards.
Body
WHEREAS, this legislation will ensure that additional disclosure requirements are followed for current office holders, candidates for office, issue advocacy campaigns, political action committees, and organizations who are attempting to influence the outcome of an election; and
WHEREAS, a workgroup shall be appointed consisting of four members determined by the Board of Elections and one member each from the Mayor's Office, City Council, City Attorney and City Auditor to explore the best ways to facilitate and fund electronic campaign disclosure.
WHEREAS, this requirement will ensure that the public can obtain accurate information regarding campaign contributions and expenditures in a timely manner; Now, Therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Columbus City Codes, 1959, shall be supplemented by the enactment of new Section 2321.53, which shall read as follows:
2321.53 Campaign Finance
(A) Definitions
(1) "Election period communication" means any communication to the public, whether by printed, electronic or telephonic means, that refers to a municipal candidate by the candidate's name, title or office, or contains the candidate's image, likeness or voice or refers to the subject matter of a municipal ballot issue at any time beginning sixty days prior to the election through the day of the election at which the candidate or ballot issue appears on the ballot and that does not expressly advocate the nomination, election or defeat of the a municipal candidate or the passage, approval or defeat of the a municipal ballot issue.
(2) "Municipal candidate" means any candidate at an election for nomination or election to office for Mayor, City Council, City Auditor, and or City Attorney.
(3) "Municipal ballot issue" means any ballot issue submitted solely to the electors of the City of Columbus.
(4) The definitions set forth in Section 3517.01 of the Ohio Revised Code shall apply to this section except to the extent modified in this section.
(B) Disclosure of Employers of Contributors
Campaign committees, political action committees, political contributing entities and political parties that make a contribution to or an expenditure for in support of or opposition to a municipal candidate or municipal ballot issue shall include on the statements required to be filed under section 3517.10 of the Ohio Revised Code, the name of the primary employer and occupation of each contributor to the committee, entity or party that is required to be itemized on such statements. If a contributor is self-employed, this fact the name of the contributor's business and the individual's contributor's occupation shall be included on the statements. If a contributor is not employed, this fact shall be noted by use of the phrase "not applicable." The name of a contributor's employer and occupation is not required by this division for contributions to the committee, entity or party which are not used to make contributions to or expenditures in support of or opposition to for municipal candidates or municipal ballot issues and are not commingled with contributions that are used for such purpose.
(C) Election Period Communications
(1) Any individual or entity of any kind that issues an election period communication shall file an Election Period Communication Disclosure statement with the Franklin County Board of Elections on forms prescribed by the City of Columbus. The disclosure statement shall include the following:
a. The name and full street address of the individual or entity that is required to file the statement.
b. If a statement is filed by an entity, the name and title of an officer of the entity and a full street address where such officer is physically located.
c. The name, and full street address, and employer of each individual or entity that provided monetary funds and/or in-kind items and or services of aggregating one hundred dollars or more for the development, production, reproduction and/or dissemination of the election period communication and the amount or value of the funds or in-kind items or services and the date they were provided. In the case of in-kind items or services, a description of the same shall also be included. In the case of an individual, the individual's primary employer and occupation shall also be included. If a contributor is self-employed, this fact and the individual's occupation shall be included on the statement. If the individual is not employed, this fact shall be noted by use of the phrase "not applicable".
d. The name and full street address of each individual or entity that paid for or incurred any expense for the development, production, reproduction or dissemination of the election period communication, whether paid or incurred by the individual or entity filing the statement or by another individual or entity. The statement shall also include the date and amount of each payment or expense incurred and the item or service paid for or for which the expense was incurred. If a contributor is self-employed, this fact and the individual's occupation shall be included on the statements. If a contributor is not employed, this fact shall be noted by use of the phrase "not applicable".
e. The name and full street address of any individual or entity to whom payment is owed by the individual or entity filing the statement or by another individual or entity for the development, production, reproduction or dissemination of the election period communication. The date that the expense was incurred, the amount incurred, and the item or service for which the expense was incurred shall also be included. This subsection applies whether or not an invoice has been issued for the expense incurred.
f. The statement shall be signed under penalty of election falsification by the individual filing it or, in the case of a statement filed by an entity, the owner, chairperson, president, or chief operating officer of the entity.
(2) The statement required by this division shall be filed on the dates and for the periods prescribed by Ohio Revised Code section 3517.10(A)(1) and (2) and by division (D) of this section. In addition, if monetary funds or an in-kind item or service is provided or a payment is made with respect to the election period communication after the period prescribed by Ohio Revised Code section 3517.10(A)(2), a statement shall be filed within thirty days after the funds or in-kind item is provided or the payment is made. All Election Period Communication Disclosure statements shall be filed by five four o'clock P.M.
(3) This division shall not apply to the following:
a. Communications issued by printed, non-electronic means by an individual acting alone and not in cooperation or consultation with any other individual and entity.
b. Communications by an organization solely to its members.
c. Communications that are limited to communicating messages statements submitted by all candidates for nomination or election to the public office that involves the election period communication provided that all candidates are afforded an equal opportunity to submit such statements.
d. Communications that are limited to explaining municipal ballot issues that involve the election period communication provided that a good faith effort is made to represent fairly positions in favor of and in opposition to the municipal ballot issues, and that are not issued by a proponent or opponent of the ballot issue.
d.e. Communications issued by government entities.
e.f. Communications issued by bona fide news media.
(4) Every election period communication shall contain the phrase "issued by" followed by the name and street address of the individual or entity that issued the communication, except that this requirement shall not apply to election period communications issued by printed, non-electronic means by an individual acting alone and not in cooperation or consultation with any other individual or entity.
(D) Additional Pre-Election Report
Individuals, committees, political parties and other entities to whom division (B) or (C) applies, shall, in addition to other statements required by this section or state law, file a statement with the Franklin County Board of Elections no later than five four o'clock P.M. on the fifth day before the election to reflect contributions and expenditures from the nineteenth day before the election through the sixth day before the election. Such statements shall be filed on the same forms as other statements are required to be filed by this section or state law.
(E) Electronic Filing
The statements required to be filed by a municipal candidate or the campaign committee of a municipal candidate under Ohio Revised Code section 3517.10 and the Election Period Communication Disclosure statements required to be filed under divisions (C) and (D) of this section shall be filed with the Franklin County Board of Elections by electronic means in accordance with instructions issued by the Board if either total contributions or total expenditures for the reporting period equal or exceed Ten Thousand Dollars.
(F) Penalties
(1) No person shall knowingly fail to file the information required under division (E) this section or to file a statement by electronic means under division (F) of this section. A violation of this subsection is a misdemeanor of the fourth degree.
(2) No person shall knowingly fail to file or file a false statement required under divisions (C), (D) and (E) of this section. A violation of this subsection is a misdemeanor of the first degree.
Section 2. The requirements set forth herein are in addition to, and expressly not in lieu of, those requirements set forth in Ohio Revised Code Chapter 3517.
Section 3. The provisions of this Code are considered to be severable; and if a court of competent jurisdiction holds a provision or part of a provision unlawful, that decision will not automatically invalidate the remainder of a provision or any other provision or part thereof.
Section 4. That a workgroup shall be appointed consisting of four members determined by the Board of Elections and one member each from the Mayor's Office, City Council, City Attorney and City Auditor to explore the best ways to facilitate and fund electronic campaign disclosure.
Section 5. That this new Section 2321.53 of the Columbus City Code, 1959, shall become effective January 1, 2005.
Section 6. This ordinance shall take effect and be in force from and after the earliest period allowed by law, except that division (E) shall take effect sixty days after notification to the City law director by the Franklin County Board of Elections that it is prepared to receive statements by electronic means in accordance with such division.