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Amending Chapter 2 Fair Campaign Practices
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Amending Chapter 2 Fair Campaign Practices
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Last modified
3/26/2013 3:48:18 PM
Creation date
3/26/2013 3:40:41 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
1/28/1985
Ord-Res Number
7425-85
Bill Number
138-84
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RICHARD L. HILL <br />CITY ATTORNEY <br />THOMAS L.BODNAR <br />CHIEF DEPUTY <br />DAVID C. CHAPLEAU <br />GREGORY D. LOUGHRIDGE <br />JOHN M. MARNOCHA <br />CAROLYN V. PFOTENHAUER <br />ROBERT C. ROSENFELD <br />EUGENIA S. SCHWARTZ <br />CITY ®f SOUTH BEND <br />ROGER O. PARENT, Mayor <br />COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 <br />South Bend Common Council <br />4th Floor County -City Bldg. <br />South Bend, IN 46601 <br />November 14, 1984 <br />RE: Deletion of Fair Campaign Practices Act <br />Dear Council Members: <br />219/284.9241 <br />The enclosed proposed ordinance deletes Chapter 2, Article 16 of the <br />South Bend Municipal Code which covers fair campaign practices. This <br />deletion is necessary since the matters dealt with in that article <br />have been entrusted by the Indiana General Assembly to the Indiana <br />Election Board. State statute prohibits the City from enacting <br />ordinances which regulate conduct which a state agency regulates, <br />"except as expressly granted by statute." <br />In response to a request from the Indiana State Election Board, the <br />Indiana Attorney General issued Opinion Number 83 -70, which <br />determined that all election ordinances enacted by cities have no <br />statutory authority and are therefore void, since such authority is <br />solely within the State Election Board's domain with certain <br />delegated administrative duties performed by the County Election <br />Board. <br />As counsel to the Fair Campaign Practices Commission, I have <br />carefully reviewed the Attorney General's Opinion and agree that <br />absent an amendment to the existing statutory provisions, the City of <br />South Bend cannot regulate campaign contributions or expenditures. <br />Thus, the Fair Campaign Practices Act, codified as Chapter 2, Article <br />
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