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HomeMy WebLinkAboutAmending Chapter 2 Fair Campaign PracticesORDINANCE No 7425 -85 Passed by the Common Council of the City of South Bend, Indiana January 28, 85 - - 19 — City Clerk IRENE K. GAMMON r Attest:_ Presented by me to the Mayor of the City of South Bend, Ind'ana January 29, Approved and signed by of Common Council r85 g City Clerk IRENE K. GAMMON 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. RICHARD L. HILL CITY ATTORNEY THOMAS L.BODNAR CHIEF DEPUTY DAVID C. CHAPLEAU GREGORY D. LOUGHRIDGE JOHN M. MARNOCHA CAROLYN V. PFOTENHAUER ROBERT C. ROSENFELD EUGENIA S. SCHWARTZ CITY ®f SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 South Bend Common Council 4th Floor County -City Bldg. South Bend, IN 46601 November 14, 1984 RE: Deletion of Fair Campaign Practices Act Dear Council Members: 219/284.9241 The enclosed proposed ordinance deletes Chapter 2, Article 16 of the South Bend Municipal Code which covers fair campaign practices. This deletion is necessary since the matters dealt with in that article have been entrusted by the Indiana General Assembly to the Indiana Election Board. State statute prohibits the City from enacting ordinances which regulate conduct which a state agency regulates, "except as expressly granted by statute." In response to a request from the Indiana State Election Board, the Indiana Attorney General issued Opinion Number 83 -70, which determined that all election ordinances enacted by cities have no statutory authority and are therefore void, since such authority is solely within the State Election Board's domain with certain delegated administrative duties performed by the County Election Board. As counsel to the Fair Campaign Practices Commission, I have carefully reviewed the Attorney General's Opinion and agree that absent an amendment to the existing statutory provisions, the City of South Bend cannot regulate campaign contributions or expenditures. Thus, the Fair Campaign Practices Act, codified as Chapter 2, Article South Bend Common Council November 14, 1984 Page 2 16, of the South Bend Municipal Code, should be deleted, since it is void, unenforceable, and superceded by state statutory provisions. If you have any questions about this matter, please don't hesitate to contact me. Very truly yours, Richard L. Hill RLH /clt /30 CC: Mrs. Barbara Powers, Chairman Fair Campaign Practices Commission Mr. Rober Parker Mr. Joseph Baldoni Ms. Norma Jean Ganaway Tommtffrr Airport & #4t Mammon Oonndl of t4f Tull of 00144 Ernk: Your Committee OF THE WHOLE to whom was referred 138 -84 A BILL AMENDING CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE BY DELETING ARTICLE 16, ENTITLED FAIR CAMPAIGN PRACTICES. Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLE. Joseph T. Serge Chairman FREE PRESS PUBLISHING CO.