110.01     Definitions

The following definitions shall apply to Chapter 110:

(a) "Campaign finance report" means an itemized report prepared and filed at such times, in such manner and containing such information as determined by ordinance passed by the Council in accordance with Section 110.05.

(b) "Campaign committee" or "committee" means any candidate or combination of two or more persons acting jointly to bring about the nomination or election of one or more candidates for the office of the Mayor or the office of a member of Council.

(c) "Candidate" means any individual listed on a ballot for nomination to or election to the office of the Mayor or the office of a member of Council, or who has organized a campaign committee for the purpose of engaging in a write-in campaign for election to the office of the Mayor or the office of a member of Council, or who files a declaration of intent to be a write-in candidate pursuant to the general laws of the state, or who receives a contribution or makes an expenditure or gives his or her consent for any other person to receive a contribution or make an expenditure with a view toward bringing about his or her candidacy or election to the office of the Mayor or the office of a member of Council.

(d) "Contribution" means a gift, loan, advance, deposit, forgiveness of indebtedness, donation, payment or transfer of money or transfer of anything of value, made directly or indirectly in aid of the nomination or election of one or more candidates for the office of the Mayor or the office of a member of Council. It shall not include services provided without compensation by individuals volunteering a portion or all of their time or ordinary home hospitality or personal expenses of a volunteer paid for by that volunteer.

(e) "CPI" means the National Consumer Price Index for all Urban Consumers, U.S. City Average, as compiled by the United States Department of Labor or, if the United States Department of Labor no longer publishes such a Consumer Price Index, any comparable index published by the other branch or department of the Federal Government.

(f) "Date of adjustment" means the first day of January following a regular municipal election for the choice of elective officers as provided for in the Charter.

(g) "Election" means any primary, regular or special election held in the City for the office of Mayor or the office of member of Council.

(h) "Election campaign period" means either (1) a period of time commencing on January 1 of the year in which a general municipal election for the choice of elective offices provided for in the Charter occurs and ending on December 31 of the same year; or (2) a period of time commencing on the day that a person is selected to fill a vacancy in the office of the Mayor of the office of a member of Council until his or her successor is selected at a special municipal election and ending thirty (30) days after said special election.

(i) "Expenditure" means distribution or use of a contribution for goods, materials, services or facilities in support of the nomination or election of one or more candidates for the office of Mayor or the office of member of Council, by a candidate or campaign committee on behalf of the candidate's own campaign, made at any time within the calendar year during which the candidate is seeking election to the office of Mayor or the office of member of Council, or thereafter if made to satisfy an outstanding debt or debts incurred in the calendar year during which the candidate sought election to the office of the Mayor or the office of a member of Council. It includes any transfer of anything of value from one committee to another committee.

(j) "Fair Campaign Finance Commission" or "commission" means the fair campaign finance commission established pursuant to Section 110.04.

(k) "Independent Expenditure" means an expenditure by a person, political committee, or other entity expressly advocating the election or defeat of any candidate, when such expenditure is made independently of the candidate, and without cooperation or the prior consent of such candidate, his or her campaign committee, or agent.

(l) "Person" shall mean any individual, partnership, corporation, association, firm, committee, club or other organization or group of persons, however organized.

(m) "Political action committee" means a combination of two (2) or more persons the primary or incidental purpose of which is to support or oppose any candidate, political party, or issue, or to influence the result of any election, and that is neither a political party nor a campaign committee.

(n) "Political party" shall have the same meaning as contained in RC Title XXXV, as the same shall be amended from time to time.
(Ord. No. 1632-94. Passed 9-1-94, eff. 9-7-94)
Note: This section enforceable on January 1, 1995 and thereafter (see 110.09).

110.02     Limitations on Campaign Contributions

(a) No person shall make, and no candidate on his or her own behalf or committee on behalf of a candidate shall accept, any contribution which exceeds a total of one thousand dollars ($1,000.00) per individual contributor per calendar year in support of a primary and regular election combined, or a primary and special election combined.

(b) Notwithstanding any other provision in this section, no political action committee shall make, and no candidate for the office of member of Council on his or her own behalf, or committee on behalf of a candidate, shall accept any contribution which exceeds a total of two thousand dollars ($2,000.00) per political action committee per calendar year, in support of a primary and regular election combined, or a primary and special election combined.

(c) Notwithstanding any other provision in this section, no political action committee shall make, and no candidate for the office of the Mayor on his or her own behalf, or committee on behalf of a candidate, shall accept any contribution which exceeds the following limits:

(1) a total of two thousand dollars ($2,000.00) per calendar year from any political action committee having a membership of less than 5,000 persons; and

(2) a total of two thousand dollars ($2,000.00) per calendar year from any political action committee having a membership of 5,000 or more persons, provided however, that the candidate may accept a total contribution of up to five thousand dollars ($5,000) from a political action committee having a membership of 5,000 or more persons during an election campaign period if the amount of any contributions made by such political action committee to the candidate during the prior three calendar years did not exceed a total of two thousand dollars ($2,000) per calendar year and the total amount of any contributions made by such political action committee to the candidate during the election campaign period and the prior three calendar years does not exceed a total amount of eight thousand dollars ($8,000.00).

(d) Notwithstanding the provisions in division (a) of this section, no candidate on his or her own behalf or committee on behalf of a candidate, shall accept, from any City of Cleveland employee a contribution that exceeds a total of one hundred dollars ($100.00) per individual employee per calendar year in support of a primary and regular election combined, or a primary and special election combined.

(e) The limitations set forth in divisions (a), (b), (c) and (d) of this section apply to aggregate gifts during any given calendar year. A contributor may make a contribution up to the applicable limit in each of any three (3) non-election years as well as the year of the election.

(f) In the case of an appointment to fill a vacancy in the office of member of Council, or the office of Mayor, the contribution limits provided for in this section, shall apply to the election campaign period for such office.

(g) Notwithstanding the provisions of this section, there is no limitation on the amount of personal funds that a candidate may make to his or her own campaign.

(h) This section shall apply to any contributions made to a candidate or committee, whether used by the candidate or committee to finance a current campaign, to pay deficits incurred in a prior campaign, or otherwise.
(Ord. No. 1632-94. Passed 9-1-94, eff. 9-7-94)
Note: This section enforceable on January 1, 1995 and thereafter (see 110.09).

110.03     Expenditure Limitations

(a) Within five (5) days of the date of the filing of a candidate's written acceptance of nomination pursuant to Section 9 of the Charter or, upon the filing of a statement of intent to be a write-in candidate pursuant to the general laws of the State, the Commission shall inquire of the candidate in writing whether he or she agrees to comply with the expenditure limitations set forth in division (c) of this section. The candidate shall respond in writing to the Board on or before the last day upon which he or she may remove his or her name from the election ballot. Moreover, a candidate may, without penalty, revoke his or her agreement to comply with the expenditure limitations set forth in division (c) of this section on or before the last day upon which he or she may remove his or her name from the election ballot. After the last day upon which a candidate may remove his or her name from the election ballot, the Commission shall compile and maintain a list of all candidates who agree to the expenditure limitations. The Commission shall make the list available to the public and shall print the names of the candidates who agree to the expenditure limitations in the City Record.

(b) If a candidate agrees to the expenditure limitations set forth in division (c) of this section, he or she shall sign an affidavit which shall state that the candidate knows of the total expenditure limitations set forth in division (c) of this section, and that the candidate agrees to limit his or her total expenditures to such amounts.

(c) Total expenditures by a candidate who agrees to limit expenditures shall be not more than the following:

(1) For the office of the Mayor: $625,000.00

(2) For the office of a member of Council: $30,000.00

(d) On the date of adjustment, the expenditure limitation for the office of Mayor fixed pursuant to division (c) of this section shall be increased in an amount equal to six hundred twenty five thousand dollars ($625,000.00) multiplied by a percentage of increase, if any, between the CPI in effect on the date of adjustment and the CPI in effect on January 1, 1995.

(e) On the date of adjustment, the expenditure limitation for the office of member of Council fixed pursuant to division (c) of this section shall be increased in an amount equal to thirty thousand dollars ($30,000.00) multiplied by a percentage which is equal to the percentage of increase, if any, between the CPI in effect on the date of adjustment and the CPI in effect on January 1, 1995.

(f) For purposes of this section, "total expenditures" shall mean the sum of all expenditures, as defined in division (i) of Section 110.01 made to influence either a primary and general election combined, or primary and special election combined, made by a candidate for the office of the Mayor or the office of a member of Council on behalf of his or her campaign, and those made on the candidate's behalf by his or her committee or committees.

(g) Providing a response in writing to the inquiry made by the Commission pursuant to division (a) of this section shall constitute a qualification for candidacy for the office of Mayor or member of Council. Any person who fails to respond to said inquiry shall no longer be eligible to be a candidate for the office of Mayor or member of Council for that election.
(Ord. No. 1632-94. Passed 9-1-94, eff. 9-7-94)
Note: This section enforceable on January 1, 1995 and thereafter (see 110.09).

110.04     Fair Campaign Finance Commission

(a) There is hereby established a Fair Campaign Finance Commission (hereinafter Commission) consisting of three (3) members. One member of the Commission shall be appointed by the Mayor; one member shall be appointed by the Council; and one member shall be appointed by the Mayor with the approval of Council. The members shall first be appointed to serve as follows:

(1) the member appointed by the Mayor, for a term of forty-two (42) months;

(2) the member appointed by the Council, for a term of forty-two (42) months; and

(3) the member appointed by the Mayor with the approval of Council, for a term of fifty-four (54) months.

The members of the Commission shall designate one member to serve as chairperson. Each term shall commence on January 1, 1995. Thereafter, each member shall be appointed for a term of four (4) years by the Mayor or the Council, according to the original manner of appointment. In case of a vacancy in the office of a member, a member shall be appointed to serve for the remainder of the unexpired term by the Mayor or the Council, according to the original manner of appointment. Each member shall be an elector of the City. No member shall serve as an officer of a political party or be a candidate or participate in any capacity in a campaign for a candidate during his or her term of office. Officers and employees of the City shall not be eligible to be members of the Commission.

(b) In addition to those duties set forth in Section 110.03, the Commission shall perform the following duties:

(1) Furnish an affidavit to any candidate who agrees to expenditure limitations pursuant to Section 110.03;

(2) Within five (5) days of notification of the filing of a candidate's written acceptance of nomination pursuant to Section 9 of the Charter, or within five (5) days of notification of the filing of a declaration of intent to be a write-in candidate pursuant to the general laws of the State, furnish written instructions explaining the duties of candidates and committees under the provisions of Section 110.01 through 110.08, including required filing dates for all campaign finance reports as determined by further ordinance passed by the Council pursuant to Section 110.05;

(3) Examine all campaign finance reports filed with the Commission and check for irregularities that do not meet the requirements of Sections 110.01 through 110.08, or any further ordinance passed by the Council. Acceptance of any report by the Commission shall not constitute approval of said report;

(4) Perform such actions as are necessary and proper and shall have access to records maintained by any department so as to carry out the purposes of Section 110.01 through 110.08 of this Chapter; and

(5) Employ necessary staff, and make necessary expenditures, subject to appropriation made by the Council.

(c) In addition to the duties to be performed pursuant to division (b) of this section, the Commission shall perform such other duties as determined by further ordinances passed by the Council which are not inconsistent with the provisions of Section 110.01 through 110.08.
(Ord. No. 1632-94. Passed 9-1-94, eff. 9-7-94)
Note: This section enforceable on January 1, 1995 and thereafter (see 110.09).

110.05     Campaign Finance Reports

(a) Each candidate or campaign committee shall prepare and file campaign finance reports in such form and providing such information on such dates as required by further ordinance of Council.

(b) Persons who make independent expenditures for or against a candidate shall prepare and file independent expenditure reports in such form and containing such information on such dates as required by further ordinance of Council.
(Ord. No. 1632-94. Passed 9-1-94, eff. 9-7-94)
Note: This section enforceable on January 1, 1995 and thereafter (see 110.09).

110.06     Prohibited Activities

(a) No person, candidate or campaign committee shall fail to timely file any report required pursuant to Section 110.05.

(b) No person, candidate or campaign committee shall make a false statement in any report required pursuant to Section 110.05.

(c) No candidate who files an affidavit pursuant to Section 110.03 shall exceed the total expenditure limit contained in that section.
(Ord. No. 1632-94. Passed 9-1-94, eff. 9-7-94)
Note: This section enforceable on January 1, 1995 and thereafter (see 110.09).

110.07     Penalties

(a) Any person who is cited by the Commission for violating Sections 110.02 or 110.06 shall be given written notice of the violation. There shall be no penalty for any prohibited activity set forth in Sections 110.02 and 110.06 which is remedied within fifteen (15) days of notice of the violation by the Commission.

(b) Any person, candidate, or campaign committee violating any prohibition in Section 110.02 or Section 110.06 shall be fined up to five hundred dollars ($500.00). A second or subsequent violation of any prohibition in Section 110.02 or Section 110.06 shall incur a fine up to one thousand dollars ($1,000.00).

(c) Notwithstanding the provisions of division (b) of this section, any candidate violating division (c) of Section 110.06 shall either be fined in accordance with the provisions contained in division (b) of this section or be fined in an amount equal to five dollars ($5.00) for every one dollar ($1.00) spent in excess of the expenditure limit. In the event that the latter penalty is imposed, the candidate shall make the required payment into the City of Cleveland's general fund.
(Ord. No. 1632-94. Passed 9-1-94, eff. 9-7-94)
Note: This section enforceable on January 1, 1995 and thereafter (see 110.09).

110.08     Appeals

Any person who is cited pursuant to division (a) of Section 110.07 shall have thirty (30) days in which to appeal the finding of the Commission. In the event that written notice of intent to appeal is received by the Commission within said thirty (30) day period, the Commission shall schedule a public hearing of the matter, setting forth a date, time and place and giving written notice to the appellant. Any person so cited will be entitled to representation, to present evidence on his or her behalf and to cross examine any witness of the Commission. The Commission shall render a decision within five (5) days after the public hearing which decision shall be final.
(Ord. No. 1632-94. Passed 9-1-94, eff. 9-7-94)
Note: This section enforceable on January 1, 1995 and thereafter (see 110.09).

110.09     Effective Date

Sections 110.01 through 110.08 shall be effective for every primary, general and special election for the office of the Mayor or the office of a member of Council held after January 1, 1995.
(Ord. No. 1632-94. Passed 9-1-94, eff. 9-7-94)