Establishing Fair Campaign Practices within the City of South Bend

Home Browse Search

CITY OF SOUTH BEND South Bend, Indiana 48807 Jerry J. Miller Mayor Members of South Bend Common Council City of South Bend South Bend, Indiana 46601 Dear Members of the Common Council: In the sincere hope of restoring a confidence in the integrity of the since there is a definite need for legislation in this area, I hereby Campaign Practices Act ". However, serious reservations. October 24, 1974 ad strengthening public Political process, and effective and comprehensive sign into law the "Fair I do so with several The City Attorney has recommended to veto this act due to the inclusion of Section VII, "Limitations on Contributions and Expenditures ". The City Attorney's office has consistently maintained that such a section is illegal due to the pre- emption doctrine. Since the Indiana Corrupt Practices Act has effectively legislated into this area, the City is there- fore without any power or authority to so legislate, Mr, David Kryder of the Attorney General's Office in the State of Indiana, who is the attorney to the State Election Board has agreed with the City Attorney's opinion that "Indiana State law pre -empts the City from enacting any legislation into the area of contribution and expenditure limitations ". Therefore, based on these legal opinions from the Attorney General's Office and our own City Attorney's office, I recommend that the Common Council amend the "Fair Campaign Practices Act" in the following particulars: (1) Delete Section VII "Limitations on Contributions and Expenditures" (pages 3 -4) and in substitution thereto add as Section VII, Section V "Personal Disclosure (page 3) of the Administration's Act submitted September 16. The inclusion of this section would require all candidates to file a complete report of assets, incomes, and liabilities