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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, providing for reform of campaign finance in Allegheny County.
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WHEREAS, the Allegheny County Council recognizes that the public's participation in the electoral system, through voter participation, has been declining in recent years, and that public confidence in the electoral process has been questioned by unlimited campaign contributions; and
WHEREAS, Allegheny County Council recognizes that if reasonable, practical and sensible limits on campaign contributions are made, the public's confidence in their voice in the electoral process may be restored; and
WHEREAS, it is the intent of the Allegheny County Council that campaign contribution reforms be enacted for candidates for political office in Allegheny County.
The Council of the County of Allegheny hereby enacts as follows:
Section 1. DEFINITIONS.
AUTHORITY OF OFFICE OR EMPLOYMENT -- The actual power provided by law, the exercise of which is necessary to the performance of duties and responsibilities unique to a particular public office or position of public employment.
BUSINESS -- Any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock company, receivership, trust or any legal entity organized for profit.
BUSINESS WITH WHICH HE/SHE IS ASSOCIATED -- Any business in which the person or a member of the person's immediate family is a director, officer, owner, employee or has a financial interest.
CANDIDATE -- Any individual who seeks nomination or election to public office, other than a judge of elections or inspector of elections, whether or not such individual is nominated or elected. An individual shall be deemed to be seeking nomination or election to such office if he has received a contribution or made an expenditure or has given his consent for any other person or committee to receive a contribution or make an expenditure, for the purpose of influencing his nomination or election to such office, whether or not the individual has made known the specific office for which he or she will seek nomination or election at the time the contribution is received or the expenditure is made; or taken the action necessary under the laws of the commonwealth to qualify himself for nomination or election to such office. Any person seeking an elected public office, who has filed the required nominating petitions with the appropriate Board of Elections, or in the case of a special election, has received the nomination of his or her respective political party.
COUNTY -- The County of Allegheny, Pennsylvania, a Home Rule County and a political subdivision of the Commonwealth of Pennsylvania.
COUNTY COUNCIL -- The County Council of the County of Allegheny County, Pennsylvania.
COUNTY MANAGER -- The individual appointed by the Chief Executive with the consent of the County Council who is charged with the powers and duties set forth in Article VI, § 2, of the Charter.
COUNTY OFFICERS -- The Chief Executive and the members of County Council.
COUNTY OFFICIALS -- The independently elected officers having powers, duties and responsibilities over a separately constituted County Office. The term "County Officials" shall be synonymous with the term "Row Offices" or "Independently Elected County Officials."
COUNTY OFFICE -- The office held by the Chief Executive and the members of County Council.
COVERED ELECTION -- Every primary, general or special election for Chief Executive, member of Allegheny County Council, or an independently elected county official.
ELECTED POLITICAL OFFICE -- Any federal, commonwealth, county or municipal position that is elected.
ELECTION CYCLE - Covered elections that encompass the four-year period that begins on January 1st of the year following the last general election and ends on December 31st of the year of the general election for the office the candidate is seeking.
GIFT -- Anything that is received without consideration of equal or greater value. The term shall not include a political contribution otherwise reported as required by law or a commercially reasonable loan made in the ordinary course of business.
GOVERNING BODY -- The Chief Executive and County Council acting pursuant to their powers under the Charter.
INDEPENDENT COUNTY OFFICE -- Each office headed by an Independently Elected County Official.
INDEPENDENTLY ELECTED COUNTY OFFICIAL -- Includes the elected Clerk of Courts, Controller, Coroner, District Attorney, Jury Commissioner, Prothonotary, Recorder of Deeds, Register of Wills, Sheriff and Treasurer.
PERSON -- Any individual, partnership, association or corporation, including those acting in a fiduciary or representative capacity whether appointed by a court or otherwise.
POLITICAL BODY -- An independent group of electors that is not a political party but has filed proper nomination papers as required by law.
POLITICAL COMMITTEE -- Any committee, club, association or other group of persons which receives contributions or makes expenditures for the purpose of influencing an election for an office in Allegheny County government.
POLITICAL CONTRIBUTION -- Any advance, conveyance, deposit, distribution, transfer of funds, loan, payment, pledge, purchase of a ticket to a testimonial or similar fund-raising affair, or subscription of money or anything of value, except volunteer services, in connection with a political campaign or for any partisan political purpose, and any contract, agreement, promise or other obligations, whether or not legally enforceable, to make a political contribution.
POLITICAL PARTY -- Any political party or group of electors that has met the requirements set forth by law to be recognized as a political party.
ROW OFFICES -- The offices headed by County Officials.
SEATED MEMBERS -- Members holding County Council seats that are not vacant.
TERM -- A term of office. In the case of a County Officer appointed or elected to fill an unexpired term of two years or less, the unexpired portion of the term shall not be considered a term for any term limits as provided for in Article III of this Charter. In the case of a County Officer appointed or elected to fill an unexpired term of more than two years, the unexpired portion of the term shall be considered a term for any term limits as provided for in Article III of this Charter.
VOTER -- A person who is lawfully registered to vote.
WHOEVER -- Any "person" as herein defined. Whenever used in any clause prescribing or imposing a penalty, the term "whoever" shall include any person who causes an act to be done, whether directly performed by himself or otherwise or who aids, abets, counsels, commands, induces or procures its commission.
Section 2. CAMPAIGN CONTRIBUTIONS.
1. No person shall make total political contributions per covered election, per year, including in-kind contributions and contributions made to or through one or more political committees that exceed the following limitations:
Candidates for the Office of County Council Member, At-Large - Two Thousand Dollars ($2,000.00);
Candidates for the Offices of an Independently Elected County Office - Two Thousand Dollars ($2,000.00);
Candidates for the Office of Chief Executive - Five Thousand Dollars ($5,000.00);
All Other Candidates for Office - Two Thousand Dollars ($2,000.00).
2. No political committee or political party shall make total contributions per covered election, per year, including in-kind contributions, of more than Five Thousand Dollars ($5,000.00) to a candidate. The term “in-kind contribution” shall include any direct mailing or other expenditure on behalf of the candidate which is paid for by the political committee or political party.
3. In the calendar year in which a covered election is not occurring, candidates shall be limited in received political committee contributions to campaigns for such offices as follows:
a. Candidates for Chief Executive may receive political committee contributions, including in-kind contributions, totaling no more than One Hundred Thousand Dollars ($100,000.00) per year;
b. Candidates for County Council and Independently Elected County Official may receive political committee contributions, including in-kind contributions, totaling no more than Fifty Thousand Dollars ($50,000.00) per year.
4. The limitations imposed by this Article shall not apply to contributions from a candidate's personal resources to the candidate's own campaign.
5. The limitations imposed by this sub-section shall not apply to uncompensated volunteer labor.
6. No person shall be permitted make contributions which exceed $10,000 per calendar year in the aggregate to candidates for public office in Allegheny County government.
Section 3. CAMPAIGN EXPENDITURES.
1. Campaign Contract
(a) A candidate seeking election to any of said county office may sign a contract with the Elections Board to abide by the campaign expenditure limitations set forth in subparagraph 2 herein.
(b) The campaign contract may be signed by a candidate no later than the last date upon which such candidate may withdraw as an official candidate in said election.
2. Expenditure Limitations
A candidate who signs a campaign contract in accordance with this section shall not make expenditures per covered election in excess of the following amounts:
- Candidates for Chief Executive no more than Two Million Dollars ($2,000,000.00);
- Candidates for County Council and Independently Elected County Official no more than Fifty Thousand Dollars ($50,000.00).
Section 43. CAMPAIGN ACCOUNTS.
1. A candidate shall have no more than one campaign committee and one checking account for the office being sought, into which all contributions for such office shall be made, and out of which all campaign expenditures for that office shall be made. If a candidate for office in Allegheny County maintains other political or non-political accounts for which contributions are solicited, such funds collected in these accounts shall not be used for any campaign for other office. The transfer of funds from other political or non-political accounts to a campaign account covered by this ordinance shall not exceed five thousand dollars ($5,000) annually.
Section 54. ENFORCEMENT.
1. The Allegheny County Elections Board shall institute a process for complaints and procedures used to determine violations of this ordinance.
2. The Allegheny County Solicitor, or any person residing in Allegheny County, 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 Ordinance.
3. If it is determined that a person makes, or a candidate accepts a political contribution in violation of the limits set forth in section 2 of this Ordinance, and is found by the Court to have violated this ordinance, the Court may award treble damages, a penalty equal to three times the amount over the limits set forth in section 2. If the person or candidate establishes by a preponderance of the evidence that the violation was not willful, the penalty shall be the amount over the limits set forth in section 2, plus interest.
4. If it is determined that a person makes, or a candidate accepts a political contribution in violation of the limits set forth in section 2 of this Ordinance, and is found by the Court to have violated this ordinance, the Court may award to prevailing plaintiff in any such action, his or her costs of litigation, including reasonable attorney fees.
Section 5. EFFECTIVE DATE.
This bill will take effect January 1, 2006.
Section 6. SEVERABILITY.
If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall be in full force and effect.
Section 7. CONFLICTING PROVISIONS.
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.