The following definitions shall apply to Chapter 110:
(a) “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.
(b) “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.
(c) “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.
(d) “Election” means any primary, regular or special election held in the City for the office of Mayor or the office of member of Council.
(e) “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.
(f) “Person” shall mean any individual, partnership, corporation, association, firm, committee, club or other organization or group of persons, however organized.
(g) “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.
(h) “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. 1736-08. Passed 4-13-09, eff. 4-20-09)
(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)
(a) Any person who violates Sections 110.02 shall be given written notice of the violation by the Director of Law. There shall be no penalty for any prohibited activity set forth in Section 110.02 which is remedied within fifteen (15) days of notice of the violation.
(b) Any person who is cited pursuant to division (a) shall have thirty (30) days in which to appeal the finding of the Director of Law to the Board of Zoning Appeals. In the event that written notice of intent to appeal is received by the Board of Zoning Appeals within the thirty (30) day period, the Board 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. The Board shall render a decision within five (5) days after taking all arguments and testimony and completion of the public hearing which decision shall be final.
(c) Any person, candidate, or campaign committee violating any prohibition in Section 110.02 shall be fined up to five hundred dollars ($500.00). A second or subsequent violation of any prohibition in Section 110.02 shall incur a fine up to one thousand dollars ($1,000.00).
(Ord. No. 1736-08. Passed 4-13-09, eff. 4-20-09)