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Duchesne City Municipal Code

Section 1.7.2

PRIMARY ELECTION; WHEN REQUIRED:

This section provides for the candidates for mayor and council members to be nominated at a primary election, if required. A primary election will be held only when the number of candidates filing for an office exceeds twice the number to be elected. The candidates nominated at the primary election, plus candidates that were not required to run in the primary, are to be placed on the November ballot. (Ord. 95-1, 3-14-1995)

ARTICLE A. CAMPAIGN FINANCE DISCLOSURE

1-7A-1: COMPLIANCE REQUIRED:

All candidates for elective municipal office shall comply with the campaign disclosure requirements set forth in this article. (Ord. 8-2001, 8-14-2001)

1-7A-2: DEFINITIONS:

The following definitions shall be applicable to this article:

CANDIDATE: Any person who files a declaration of candidacy for an elective office of the city; or is nominated by a committee, party or petition; or received contributions or made expenditures or consents to another person receiving contributions or making expenditures with a view to bringing about such person's nomination or election to such office; or causes on his/her behalf, any written material or advertisement to be printed, published, broadcast, distributed or disseminated which indicates an intention to seek such office.

CONTRIBUTION: Monetary and nonmonetary contributions such as in-kind contributions and contributions of tangible things, but shall not include personal services provided without compensation by individuals volunteering their time on behalf of a candidate.

ELECTION: Both primary and final elections.

EXPENDITURE: A purchase, payment, distribution, loan, advance, deposit or gift of money or anything of value made for the purpose of influencing the nomination or election of any candidate. (Ord. 8-2001, 8-14-2001)

1-7A-3: FILING OF DISCLOSURE REPORTS:

Each candidate for elective office who either receives more than seven hundred fifty dollars ($750.00) in campaign contributions or spends more than seven hundred fifty dollars ($750.00) in campaign expenses shall file with the city recorder dated and signed financial reports which comply with this article. Forms shall be made available by the city. Other forms in substantially the same format are also acceptable. (Ord. 8-2001, 8-14-2001)

1-7A-4: TIME OF FILING:

The reports required by this chapter shall be filed at least seven (7) days before both the primary and general elections and at least once within thirty (30) days following the final election. A candidate losing in the primary election shall file the final report within thirty (30) days of the date of the primary election. (Ord. 8-2001, 8-14-2001)

1-7A-5: CONTENTS OF STATEMENT:

The statement filed seven (7) days before the election shall include:

A list of each contribution of more than fifty dollars ($50.00) received by the candidate, and the name of the donor;

An aggregate total of all contributions of fifty dollars ($50.00) or less received by the candidate; and (Ord. 8-2001, 8-14-2001)

A list of each expenditure for political purposes made during the campaign period and the recipient of each expense. (Ord. 8-2001, 8-14-2001; amd. 2004 Code)

The statement filed thirty (30) days after the elections shall include:

A list of each contribution of more than fifty dollars ($50.00) received after the cutoff date for the statement filed seven (7) days before the election, and the name of the donor;

A total of all contributions of fifty dollars ($50.00) or less received by the candidate after the cutoff date for the statement filed seven (7) days before the election;

A list of all expenditures for political purposes made by the candidate after the cutoff date for the statement filed seven (7) days before the election, and the recipient of each expense.

All contributions and expenditures related to the candidate's candidacy should be accounted for between the preelection and post election statement. (Ord. 8-2001, 8-14-2001)

1-7A-6: PUBLIC INFORMATION:

The statements required by this article shall be public documents and shall be available for public inspection and copying during regular business hours. Appropriate costs may be assessed pursuant to the provisions of the government records access and management act. (Ord. 8-2001, 8-14-2001)

1-7A-7: PENALTY:

Any candidate who fails to comply with the provisions of this article is guilty of a violation and, upon conviction, subject to penalty as provided in section 1-4-1 of this code. (Ord. 8-2001, 8-14-2001; amd. 2004 Code; Ord. 10-4, 10-9-2010)