Amending Various Sections within Chapter 2 Fair Compaign Practices

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ORDINANCE NO.� AN ORDINANCE AMENDING VARIOUS SECTIONS WITHIN CHAPTER 2, ARTICLE 16, COMMONLY KNOWN AS THE FAIR COMPAIGN PRACTICES ACT, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT In 1974, the South Bend Common Council passed the Fair Compaign Practices Act. This law was enacted in the hope of "protecting the rights of the less affluent to run for City office" and to insure "the quality of the voting rights of each citizen by limiting the influence of large contributions on candidates." Two years later, in 1976, the Indiana State Legislature enacted a law specifically regulating "Political Contributions and Expenses ". Both of these laws require detailed reporting of contributions and expenses. Unfortunately, with the existence of both laws as pre- sently written, a situation of unnecessary "red tape" has resulted for all persons wishing to run for public office at the local level. Therefore, in the interest of clarifying these laws, simplifying the needed recording and accounting procedures, and in the interest of better serving the public interest, this bill is introduced. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 2, Article 16, Section 2 -198 of the Municipal Code of the City of South Bend, Indiana, is amended as follows: SEC. 2 -198 Definitions. (a) Candidate means an individual who seeks nomination for election, or election, to city office, whether or not such individual is elected, and, for purposes of this article, an individual shall be deemed to seek nomination for elec- tion, or election, to city office, if he has: (1) Taken the action necessary under State or local laws to qualify himself for nomination for election, or election; or (2) Solicited or received contributions or made expenditures, or has given his consent for any other person to solicit or receive contributions or make expenditures, with a view to bringing about his nomination for election, or election, to such office; or (3) publicly announced or declared that he is a candidate. SECTION II. Chapter 2, Article 16, Section 2 -202 of the Municipal Code of the City of South Bend, Indiana; is amended as follows: SEC. 2 -202. Limitation on contributions and expenditures. (a) For any election no person, other than a candidate, shall make any contributions that will cause the total