Title
An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, amending and supplementing the Allegheny County Code of Ordinances, Division 2, entitled "County Government Operations," by the addition of a new Chapter 219 entitled "Campaign Finance Regulation."
Body
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1. Definitions.
BOARD-Allegheny County Board of Elections.
CANDIDATE-
(A) Any individual who files nomination papers or petitions for County Elected Office or Countywide Elected Office;
(B) Any individual who publicly announces his or her candidacy for County Elected Office or Countywide Elected Office.
COUNTY ELECTED OFFICE-The Office of County Council.
COUNTYWIDE ELECTED OFFICE-The Office of the County Executive, and the Independently Elected Officials as defined in Article 601 of the Allegheny County Administrative Code.
COVERED ELECTION -- Every primary, general or special election for County Elected Office or Countywide Elected Office.
ELECTION CYCLE-Begins on the day after the general election for the office or seat which the candidate seeks and ends on the day of the next general election for that seat or office.
PERSON - An individual, partnership, corporation, sole proprietorship, or other form of business organization permitted under the laws of the Commonwealth to make political contributions.
POLITICAL COMMITTEE - Any committee, association, political party, or other group of persons, including the candidate political committee as required by Section 3 of this ordinance, for the purpose of influencing the outcome of a covered election.
POLITICAL CONTRIBUTION - Money, gifts, forgiveness of debts, loans, or things having a monetary value incurred or received by a candidate for County Elected Office or Countywide Elected Office, or any designation agent of a candidate for County Elected Office of Countywide Elected Office, for use in advocating or influencing the election of the candidate for County Elected Office or Countywide Elected Office.
SECTION 2. Contribution Limitation.
1. No person shall make political contributions to a candidate per covered election that exceeds the following limitation:
Candidates for County Elected Office: $1,000
Candidates for Countywide Elected Office: $2,000
2. No political committee shall make political contributions to a candidate per covered election, that exceed the following limitations:
Candidates for County Elected Office: $2,000
Candidates for Countywide Elected Office: $4,000
3. The limitations on personal and political committee political contributions shall be automatically adjusted to the rates promulgated by the federal government via the Federal Election Campaign Act (FECA).
4. The limitations imposed by this Section shall not apply to volunteer labor hours.
5. No candidate for County Elected Office or Countywide Elected Office, and no political committee, shall accept any contribution which exceeds the contribution limits set forth in this Chapter.
6. The limitations imposed in this Chapter shall not apply to political contributions from a candidate's personal resources to his or her own candidate political committee. Candidates for County Elected Office or Countywide Elected Office shall declare their intention to contribute personal resources in an amount that exceeds $50,000 per election cycle upon filing the necessary paperwork declaring them a candidate for a covered election.
A. If a candidate for County Elected Office or Countywide Elected Office declares their intention to contribute personal resources in excess of $50,000 during the election cycle, the limitations imposed by this Chapter shall be doubled for any candidate for that specific County Elected Office or Countywide Elected Office in that specific covered election, and all campaign finance in that specific County Elected Office or Countywide Elected Office in that specific covered election shall be governed by State Law.
B. If a candidate for County Elected Office or Countywide Elected Office does not declare their intention to contribute personal resources in excess $50,000 during the election cycle, but actually does, at any time during the election cycle, contribute personal resources in excess of $50,000, the limitations imposed by this Chapter shall not apply to any candidate for that specific County Elected Office or Countywide Elected Office in that specific covered election, and all campaign finance in that specific County Elected Office or Countywide Elected in that specific covered election shall be governed by State Law.
SECTION 3. Campaign Accounts.
1. A candidate for County Elected Office or Countywide Elected Office shall have no more than one political committee and one checking account for the County Elected Office or Countywide Elected Office being sought, into which all contributions for such office shall be made, and out of which all expenditures for that office shall be made. If the candidate for office maintains other political or non-political accounts for which contributions are solicited, such funds collected in these accounts shall not be used for the purpose of influencing the outcome of a covered election in excess of the limits imposed on other Political Committees.
SECTION 4. Required Notice of Contribution Limits.
1. The Allegheny County Division of Elections shall annually arrange for the publication of a notice setting forth the contribution limits set forth in this Chapter, together with a plain English explanation of the provisions of this Chapter and the penalties and remedies for violations. Such notice shall also appear at all times on the County's official website.
SECTION 5. Injunctive Relief
1. Any person residing in the County of Allegheny, including the County Solicitor may bring an action for injunctive relief in any Court of competent jurisdiction to enjoin any violations of, or to compel compliance with, the provisions of this Chapter. The Court may award to a prevailing plaintiff in any such action his or her costs of litigation, including reasonable attorney's fees.
SECTION 6. Complaints; Investigations; Penalties
1. The Allegheny County Board of Elections shall receive written complaints alleging violations of this Chapter. All such complaints shall be filed in a manner prescribed by the Board.
2. The existing members of the Board of Election shall recuse themselves upon receipt of a complaint. The President Judge of the Court of Common Pleas shall appoint three (3) Judges to sit in place of the existing board for the purpose of investigating allegations of violation of this Chapter.
3. The Board shall have the power to conduct an investigation of any matter related to the Board's responsibilities under this Chapter.
4. In addition to the penalties as presently provided by law, any person found by the Board in violation of this Chapter shall be subject to a civil penalty of two thousand dollars ($2,000) for each violation committed. Additionally, if a violation is determined by the Board, any person in violation of this Chapter may be subject to further penalties as determined by the Board.
SECTION 7. Effective Date
This bill shall take effect on January 1, 2010.
Section 8. Repealer. Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.
Summary
This Ordinance would amend the Allegheny County Code of Ordinance by the addition of a new Chapter entitled "Campaign Finance Regulation". This Chapter would impose contribution limits on candidates for County Elected Office, provides for the filing of complaints, undertaking investigations and the levying of penalties.