9-2 CAMPAIGN CODE.*

9-2.1 Short Title.

Sections 9-2.1 through 9-2.12 SFCC 1987 may be cited as the "1998 Campaign Code." (Ord. #1998-41, §1)

9-2.2 Purpose and Intent.

It is the public policy of the city of Santa Fe:

A. That public confidence in municipal government is essential and must be promoted by all possible means;

B. That political campaign contributions and expenditures be fully disclosed to the public and that secrecy in the sources and application of such contributions be avoided;

C. That the public's right to know how political campaigns are financed far outweighs any right that this matter remain secret and private; and

D. That the public interest is served by encouraging the widest participation of the public in the electoral process by reducing the dependence of candidates on large contributions.

(Ord. #1998-41, §2)

9-2.3 Definitions.

As used in the 1998 Campaign Code:

A. Ballot proposition means any measure, amendment or other question submitted to, or proposed for submission to, a popular vote at an election;

B. Campaign depository means a bank, mutual savings bank, savings and loan association or credit union doing business in this state under which a campaign account or accounts are maintained;

C. Campaign finance statement means a report of all contributions received and expenditures made according to a form prescribed by the city clerk which, when completed and filed, provides the information required in the sections to follow;

D. Campaign materials means any means of communication used for the purposes of soliciting support for or opposition to any candidate or ballot proposition including:

(1) Signs and billboards;

(2) Printed materials including but not limited to newspaper ads, brochures, articles, tabloids, flyers, and letters;

(3) Radio, television, internet or other electronic media publication.

E. Campaign treasurer and deputy campaign treasurer means the individual who is responsible for keeping the financial records of the political committee or candidate (the candidate may be their own campaign treasurer);

F. Campaign period means that period beginning twelve (12) months before a regular municipal or special election to fill any vacancy in any municipal elected office and ending on the date when a campaign is officially closed;

G. Candidate means any individual who seeks election to municipal office. An individual shall be a candidate when they:

(1) Announce publicly;

(2) File for office;

(3) When contributions are accepted or expenditures made; or

(4) Any activity is held to promote an election campaign of an individual if that activity is endorsed or supported by that person or if the benefits of such activity are later accepted by such person.

H. Continuing committee means a political committee which is an organization of continuing existence not established in anticipation of any particular election;

I. Contribution means a loan, loan guarantee, gift, deposit, subscription, forgiveness of indebtedness, advance, pledge, contract, agreement or promise of money or anything of value or other obligation, whether or not legally enforceable, made directly or indirectly in aid of or in opposition to the election of one (1) or more candidates or toward voter approval or disapproval of one (1) or more ballot propositions. The term "contribution" includes:

(1) The transfer of funds or anything of value between political committees;

(2) The transfer of anything of value, including personal and professional services, for less than full consideration;

(3) Interest, dividends or other income derived from the investment of campaign funds;

(4) The payment for the services of an individual serving on behalf of a candidate or political committee, which payments are made by a third party; and

(5) The purchase of tickets for fund-raising events such as dinners, rallies, etc.

The term contribution does not include:

(a) A volunteer's personal services provided without compensation or the travel or personal expenses of such a campaign worker; and

(b) The cost of an event held in honor of or on behalf of a candidate when the total cost of the event amounts to no more than two hundred dollars ($200.).

J. Contributor:

(1) Individual contributor means an individual who makes a contribution from their personal assets which are not those of a business, corporation, partnership, political committee or PAC.

(2) Business contributor means an individual who uses the assets of their business, corporation, partnership, political committee or PAC as a contribution or any business, corporation, partnership, political committee or PAC which makes a contribution;

K. Election means any regular or special city election;

L. Election period means the fifty-six (56) days before a municipal election is held;

M. Expenditure means a payment or transfer of anything of value in exchange for goods, services, property, facilities or anything of value for the purpose of assisting, benefiting or honoring any public official or candidate, or assisting in furthering or opposing any election campaign for a candidate or ballot proposition. This includes contributions, subscriptions, distributions, loans, advances, deposits, or gifts of money or anything of value, and includes a contract, a promise or agreement, whether or not legally enforceable, to make an expenditure. The term "expenditure" also means the transfer of funds or anything of value between political committees;

N. Political action committee or PAC means a political committee representing specific economic or ideological interests; and

0. Political committee means two (2) or more persons selected, appointed, chosen, associated, organized or operating for purposes of election of a candidate or a ballot issue:

(1) Which shall include:

(a) Political action committees and similar organizations composed of employees or members of any corporation, labor organization, trade or professional association;

(b) Any other group that raises, collects, expends or contributes money or any other thing of value for a political purpose; and

(c) A single individual who by their actions represents that they are a political committee;

(2) But which shall not include:

(a) Members of a candidate's immediate family;

(b) Members of a candidate's campaign committee; and

(c) Husbands and wives or domestic partners who make a contribution out of a joint account.

(Ord. #1998-41, §3)

9-2.4 Identification of Campaign Material.

A. No individual, candidate, political committee, PAC or any other entity shall write or cause to be written, printed, posted or distributed any campaign material unless there appears on the campaign material in a conspicuous place, a campaign contact phone number and either:

(l) The name of the candidate and/or the campaign treasurer or deputy campaign treasurer or the names of at least two (2) officers of any other organization issuing such campaign material; or

(2) The name of some individual who is responsible for such campaign material.

B. No individual, candidate, political committee, PAC or any other entity shall cause to be broadcast any campaign material unless within the broadcast there is contained:

(l) The name of the candidate and/or campaign treasurer or deputy campaign treasurer of the political committee issuing such broadcast; or

(2) The name of the individual who is responsible for the broadcast.

(Ord. #1998-41, §4)

9-2.5 Statement of Political Committee Organization.

A. Every political committee shall file a statement of organization with the city clerk within ten (10) days of the earlier of:

(1) Its organization; or

(2) The date on which it receives or has information which causes it to anticipate that it will receive contributions or will make expenditures in any election campaign.

B. The statement of organization shall include but not be limited to:

(1) The name, street address, city, county, state, zip code and telephone number of the committee;

(2) The full name, street address, city, county, state and telephone number of each firm, association, partnership, business trust, corporation, company, committee, PAC and other organization or group of individuals with which the committee is affiliated or connected;

(3) The names, addresses and titles of its officers; or if it has no officers, the names, addresses and titles of its responsible leaders;

(4) The full names, addresses and telephone number (home and business) of its campaign treasurer and campaign depository;

(5) A statement as to whether the committee is a continuing one;

(6) The full name, addresses and telephone number (home and work) of each candidate whom the committee is supporting or opposing;

(7) The ballot proposition concerned, if any, and whether the committee is in favor of or opposed to such proposition;

(8) What distribution of surplus funds will be made upon dissolution;

C. Any material change in information previously submitted to the city clerk shall be reported to the city clerk within ten (10) days of such change.

(Ord. #1998-41, §5)

9-2.6 Appointment of Campaign Treasurer and Designation of Depository by Candidate.

A. Each candidate, within two (2) weeks after becoming a candidate, (see definition of candidate) and each political committee, at the time it is required to file a statement of organization, shall designate and file with the city clerk the names and addresses of:

(1) One (1) legally competent individual, who may be the candidate, to serve as campaign treasurer; and

(2) The campaign depository.

B. A candidate, political committee, or campaign treasurer may appoint as many deputy campaign treasurers as is considered necessary. The candidate or political committee shall file the names and addresses of any deputy campaign treasurers with the city clerk on the next business day after their appointment.

C. A candidate or political committee may at any time remove a campaign treasurer or deputy campaign treasurer or change a designated campaign depository. In the event of the death, resignation, removal, or change of a campaign treasurer, deputy campaign treasurer, or depository, the candidate or political committee shall designate and file with the city clerk within ten (10) days after such designation, the name and address of any successor.

D. No contribution and no expenditure shall be accepted or made by or on behalf of a candidate or political committee unless there is a depository and either a campaign treasurer or deputy campaign treasurer in office. A candidate is deemed to be their own campaign treasurer until or unless they appoint another person to that office. No expenditure shall be made by or on behalf of a candidate or political committee without the authorization of the treasurer or deputy campaign treasurer.

(Ord. #1998-41, §6)

9-2.7 Campaign Treasurer; Duties.

A. The campaign treasurer shall keep a true and full record of contributions and expenditures. The record of contributions and expenditures required to be kept under the terms of the 1998 Campaign Code shall include but not be limited to:

(1) The full name and complete mailing address of every individual contributor of an amount of twenty-five dollars ($25.00) or more or an aggregate of contributions of a single contributor totaling twenty-five dollars ($25.00) or more for the period of time beginning with the acceptance of the first contribution;

(2) The full name and complete mailing address of every business and political committee which contributes twenty-five dollars ($25.00) or more or an aggregate of contributions from a business and political committee totaling twenty-five dollars ($25.00) or more for the period of time beginning with the acceptance of the first contribution;

(3) The amount and form of every contribution;

(4) The aggregate donated by each such contributor in the campaign period. Contributions of less than twenty-five dollars ($25.00) from any individual or from any business or political committee in any campaign shall be reported as a lump sum without identifying the contributor by name.

(5) An itemized record of all disbursements, including the name and address of every recipient thereof, receipts reflecting the purpose of each expenditure and the day and method of payment;

(6) All campaign bank records, including deposit slips and canceled checks.

B. The campaign treasurer shall not accept anonymous donations over twenty-five dollars ($25.00).

C. Records required to be kept by the campaign treasurer under the terms of paragraph A of this subsection, shall be filed with the city clerk as part of the public record and may be inspected by the public during usual business hours, Monday through Friday, excluding legal holidays.

D. Records kept by the campaign treasurer or deputy campaign treasurer shall be made current not more than seven (7) days after the date of a contribution or of an expenditure. During the eight (8) days immediately preceding the date of any election for which the political committee has received any contributions or made any expenditures, the books of the account shall be kept current within one (1) business day.

E. The campaign treasurer or deputy campaign treasurer shall preserve books of accounts, bills, receipts and all other financial records of the campaign or political committee for two (2) calendar years following the year in which the transaction occurred.

F. The campaign treasurer or deputy campaign treasurer shall deposit within five (5) business days after receipt all monetary contributions received by a candidate, political committee, campaign treasurer or deputy campaign treasurer in the campaign depository designated for that purpose.

G. All contributions received shall be under the custody of the campaign treasurer or deputy campaign treasurer and shall be segregated from, and not be commingled with, the personal funds of an individual, group or committee.

H. A campaign treasurer, deputy campaign treasurer or political committee may invest funds deposited in the campaign account in an account of indebtedness of a financial institution up to the amount of federal deposit insurance; United States bonds or certificates of indebtedness or those of a federal agency; and/or bonds or warrants of the state or any municipal corporation of the state. All interest, dividends, and/or other income derived from the investment and the principal when repaid shall be deposited in the campaign account.

(Ord. #1998-41, §7)

9-2.8 Campaign Finance Statement Required.

A. In addition to any statement of organization required pursuant to subsection 9-2.6 A SFCC 1987, each candidate or committee and their respective treasurer shall file a campaign finance statement of all contributions received and expenditures made to date which report shall be current as of the day immediately preceding the reporting date. The report shall be submitted on a form prescribed by the city clerk, and shall be filed during the following periods:

(1) By 5:00 p.m. on the twenty-fifth day preceding an election in which the candidate is seeking election to an office or in connection with which the committee has received contributions or made expenditures;

(2) By 5:00 p.m. on the Tuesday preceding such election;

(3) Within two (2) weeks following such election;

(4) Every six (6) months following such election, so long as a candidate or committee:

(a) Has outstanding unpaid obligations, whether legally enforceable or not;

(b) The balance of funds remaining is more than one hundred dollars ($100.); or

(c) Contributions are received during this period.

B. The candidate or committee and their respective treasurer shall file a final report when campaign activities have ceased and there are no outstanding debts or obligations and all remaining funds have been expended. Upon submitting a final report there shall be no obligation to make any further reports.

C. If a candidate fails to file any required report pursuant to subsection 9-2.8 SFCC 1987 the city clerk shall provide written notice, return receipt requested, stating that the candidate must file the report. If the candidate does not file the report within fifteen (15) days of mailing of the notice, a penalty shall be assessed pursuant to subsection 9-2.13 C SFCC 1987.

D. If a reporting day falls on a weekend, the campaign finance statement shall be filed with the city clerk on the first working day immediately following the weekend.

E. Campaign finance statements shall be filed with the city clerk during regular business hours.

F. If there is a challenge or evidence of noncompliance with the code by a candidate or a candidate's political committee, the candidate or the political committee has seventy-two (72) hours to correct the error and file an amended statement with the city clerk.

G. Any candidate who withdraws from an election shall be required to file a report at the time of withdrawal.

(Ord. #1998-41, §8)

9-2.9 Campaign Finance Statement; Contents.

A. Each campaign finance statement filed in accordance with subsection 9-2.8 SFCC 1987 shall disclose for the period beginning at the end of the period for the last report, or in the case of the initial report, at the time of the first contribution or expenditures, and shall contain the following information:

(1) The funds on hand at the beginning of the period. This shall include the cumulative total amount of all contributions and expenditures with respect to each election held during the campaign period in which the statement is required to be filed. This includes, but is not limited to, contributions and expenditures in aid of, or in opposition to, candidates or ballot propositions before they qualify for the ballot and contributions and expenditures following the election;

(2) The full name and complete mailing address of each individual contributor from whom a contribution or contributions of twenty-five dollars ($25.00) or more has been received and the amount received from that individual;

(3) The full name and complete mailing address of each business or political committee from whom a contribution of twenty-five dollars ($25.00) or more has been received and the amount received from that business or political committee;

(4) The full name and complete mailing address of each individual or business to whom an expenditure has been made. This report shall be itemized with the total amount paid to each individual or business for the goods, services or facilities provided;

(5) The full name of the candidate or political committee and the full name and complete address of the treasurer.

B. Where goods, materials, services, facilities or anything of value other than money is contributed or expended, the monetary value thereof shall be reported at the fair market value.

C. Loans of money, property or other things made to a candidate or political committee during the period covered by the campaign statement shall be reported separately in the statement, with the following information:

(1) The total value of all loans received during the period covered by the campaign statement;

(2) The full name and address of each lender, the date of the loan, the interest rate and the amount of the loan remaining unpaid;

(3) The cumulative total value of all loans received; and

(4) The total amount of loans remaining unpaid.

D. If a loan has been forgiven or paid by a third person, it shall be reported pursuant to this section.

E. Investments made with campaign funds under subsection 9-2.7 SFCC 1987 and interest, dividends and/or other income received shall be reported separately in the statement.

(Ord. #1998-41, §10)

9-2.10 Campaign Statement; Signing.

Each campaign statement shall be signed under oath and acknowledged by both the campaign treasurer or deputy campaign treasurer and the candidate and shall contain a statement that the campaign statement has been prepared with all reasonable diligence and that it is true and complete. (Ord. #1998-41, §11)

9-2.11 Campaign Statement; Filing.

A. A candidate or political committee is not required to file a campaign statement if neither the contributions received nor the expenditures made on behalf of the campaign exceeds five hundred dollars ($500.).

B. However, at each of the intervals in which a campaign statement is required to be filed, such a candidate or political committee shall file with the city clerk a written declaration under oath to the effect that neither the campaign contributions nor the expenditures of the candidate or political committee have exceeded five hundred dollars ($500.).

C. If contributions received or expenditures made thereafter exceed a sum total of five hundred dollars ($500.), including contributions received or expenditures made prior to the twentieth day before the election, the candidate or political committee shall file campaign statements as required by subsection 9-2.8 SFCC 1987 of the 1998 Campaign Code.

(Ord. #1998-41, §12)

9-2.12 Spending Limitations.

A. A candidate may volunteer, during the campaign period, to limit their expenditures to one dollar ($1.00) per registered voter in the city for the mayoral or municipal judgeship or one dollar ($1.00) per registered voter in the applicable district for the city council election.

B. A candidate may volunteer to make no contributions to their own campaign or political committee of their own personal assets that in aggregate exceeds ten percent (10%) of the applicable expenditure limits in any campaign period for the mayoral or municipal judgeship position. A candidate may volunteer to make no contributions to their own campaign or political committee of their own personal assets that in aggregate exceeds twenty-five percent (25%) of the applicable expenditure limits in any campaign period for the city council position.

(Ord. #1998-41, §13)

9-2.13 Violation and Enforcement.

A. It is a violation of the 1998 Campaign Code for any candidate or political committee knowingly, willfully or intentionally to conceal or fail to disclose any financial requirement called for by the 1998 Campaign Code or to violate any of the provisions herein.

B. Any individual who violates the 1998 Campaign Code shall be subject to the penalties set forth in subsection 1-3.1 SFCC 1987.

C. Violations of the requirements of subsection 9-2.8B shall be punishable by a late filing fee of fifty dollars ($50.00) per day up to a maximum of five thousand dollars ($5,000). Enforcement of this subsection shall be performed by the city manager or the city manager's designee. No enforcement action shall be taken until the city clerk has provided the written notice required by subsection 9-2.8C SFCC 1987 and the fifteen (15) day grace period has elapsed.

(Ord. #1998-41, §14)

9-2.14 Effective Date.

The effective date of this section shall be ten (10) days after passage and shall only be applied prospectively. (Ord. #1998-41, §15)

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*Editor's Note: Sections 4 and 5 of Ordinance No. 2002-7, codified herein, were originally adopted as subsections 9-1.6 and 9-1.7. They were renumbered as subsection 9-1.4.1, at the direction of the city, for codification to avoid duplication of numbers.

*Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 1976-1, 1981-29, 1987-11, 1987-46, 1989-42, 1995-7.

1-3 GENERAL PENALTY.

1-3.1 General Penalty; Continuing Violations; Suspension; Probation.

A. Any violation of the Santa Fe City Code of 1987, not specifically provided for in any ordinance, resolution, rule, regulation or order to the contrary, is punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the county jail for a term of not more than ninety (90) days, or by both such fine and imprisonment. Every day that any such violation continues constitutes a separate offense, except where otherwise provided.

B. The municipal court may, upon entry of a plea of guilty or judgment of conviction:

(1) Suspend in whole or part the execution of sentence; or

(2) Place the defendant on probation for a period not exceeding one (1) year on terms and conditions the court deems best; or both.

C. The municipal court may, as a condition of probation, require the defendant to serve a period of time in volunteer labor to be known as community service. The type of labor and period of service shall be at the sole discretion of the court; provided that any person receiving community service shall be immune from any civil liability other than gross negligence arising out of the community service, and any person who performs community service pursuant to court order or any criminal diversion program shall not be entitled to any wages, shall not be considered an employee for any purpose and shall not be entitled to workmen's compensation, unemployment benefits or any other benefits otherwise provided by law. As used in this paragraph, "community service" means any labor that benefits the public at large or any public, charitable or educational entity or institution.

D. Suspension of execution of the sentence or probation, or both, shall be granted only when the municipal judge is satisfied it will serve the ends of justice and of the public, and that the defendant's liability for any fine or other punishment imposed is fully discharged upon successful completion of the terms and conditions of probation.

(Code 1953, §1-6; Code 1973, §1-6; SFCC 1981, §1-1-6; Ord. #1987-28, §1; Ord. #199010, §1)

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