Amending Chapter 2 Fair Campaign Practices

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BILL NO. ORDINANCE NO. 7n�2r- j' AN ORDINANCE AMENDING CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE BY DELETING ARTICLE 16, ENTITLED FAIR CAMPAIGN PRACTICES STATEMENT OF PURPOSE AND INTENT: Indiana Code 36- 1- 3 -8(7) prohibits local units of government from exercising the power to regulate conduct that is regulated by a state agency, except as expressly granted by statute. Indiana Code 3- 1- 3 -4(b) provides, in pertinent part that the Indiana State Election Board has the power to advise, instruct, and exercise supervision over local elections. A statutory method is provided for handling of political contributions and campaign expenses at Indiana Code 3 -4, and the State Election Board has the authority to prescribe rules and regulations consistent with that article. The Indiana Attorney General has determined in Official Opinion No. 83 -7 that "Any attempt by a unit of local government to impose by ordinance a limitation on campaign receipts or expenditures in a mayoralty election is void as an attempt to regulate which is regulated by a state agency," since the Indiana General Assembly "has entrusted the power to regulate the conduct of elections, including political contributions and expenses, to the Indiana State Election Board." NOW, THEREFORE, BE IT ORDAINED BY THE SOUTH BEND COMMON COUNCIL, AS FOLLOWS: SECTION I. Chapter 2, Article 16, of the South Bend Municipal Code, entitled Fair Campaign Practices, is deleted and reserved for future use. SECTION II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor.