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An ordinance of the County of Allegheny, Commonwealth of Pennsylvania, amending and supplementing the Allegheny County Code of Ordinances, Chapter 220, entitled “Campaign Finance Regulations,” in order to clarify the permissible uses of campaign funds by candidates for County elected office.
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Whereas, the right of candidates to campaign necessarily entails the need to finance such campaigns; and
Whereas, while the Allegheny County Code of Ordinances, Chapter 220, as amended, contains substantive regulation of campaign finances, in part based upon Federal Election Commission (FEC) campaign finance limitations; and
Whereas, although the FEC also promulgates regulations governing permissible expenditures of campaign funds, the ability of candidates to utilize such campaign funds to pay for certain childcare expenses incurred in the course of seeking office is not clearly established by the FEC; and
Whereas, it is the desire of Council to establish clear rules regarding permissible campaign fund expenditures, including childcare expenditures, for individuals seeking County elected office;
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1. Incorporation of the Preamble
The provisions of the preamble to this Ordinance are hereby incorporated in their entirety by reference herein.
SECTION 2. Amendment of the Allegheny County Code of Ordinances.
The Allegheny County Code of Ordinances is hereby amended and supplemented by the establishment of a new Chapter 220, entitled “Campaign Finance Regulations,” is hereby amended and supplemented through the creation of a new §220.2.1, entitled “Expenditures” and comprised as follows:
Chapter 220
Campaign Finance Regulations
§220.2.1. Expenditures.
A. Candidates for County Elected Office and Candidate Committees for such Candidates may expend campaign funds for any purpose authorized under rules and/or regulations that are in effect and published by the Federal Election Commission as of the first day of the calendar year in which the funds are expended.
B. In addition to the expenditures permissible under the terms of Subsection A, a Candidate Committee may make use of funds to pay for childcare expenses incurred by a Candidate for County Elected Office or to reimburse a candidate for County Elected Office during an election cycle if said funds are used to pay for reasonable and necessary childcare for the time the candidate is engaging in campaign activity such that the childcare expenses would not otherwise be incurred but for or in absence of a campaign for County Elected Office.
1. The funds eligible for use pursuant to the terms this Subsection shall be those received and held by a candidate committee as contributions authorized by and in line with the regulations and requirements established pursuant to the terms of §220.2.
2. For the purposes of this Subsection, "childcare" shall be considered care provided to a candidate's child or dependent, including, but not limited to, professional or casual baby-sitting services, non-profit or for-profit organizations that provide such services, and any other costs directly related to such services that occur as a result of campaign activity for County Elected Office, but not including pre-primary, primary, or secondary education.
3. Childcare expenses shall not include payments to a member of the candidate's household or family. For the purposes of this Section, "family" shall be considered a candidate's parent, step-parent, child, step-child, sibling, step-sibling, grandparent, grandchild, parent-in-law, sibling-in-law, aunt, uncle, first cousin, or persons otherwise related by consanguinity or affinity.
4. The candidate committee shall disclose and report these expenditures in the same manner as all other expenditures that the candidate committee is required to disclose and report under all applicable law.
SECTION 3. Effective Date and Implementation.
This Chapter shall take effect on November 8, 2023. This shall mark the beginning of a new election cycle for all candidates. No donations received prior to the effective date shall count towards the new contribution limits.
SECTION 4. 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 5. 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.