110A.01     Definitions

(a) For purposes of this chapter, all words, phrases and terms shall have the same meaning as contained in Section 110.01 of the Codified Ordinances.

(b) For purposes of this chapter, "Commission" means the Fair Campaign Finance Commission established pursuant to Section 110.04.
(Ord. No. 625-95. Passed 5-15-95, eff. 5-24-95)

110A.02     Campaign Finance Reports

(a) Preliminary Election Reports. Each candidate or campaign committee shall file a campaign finance report with the Commission no later than 4:00 p.m. on the twelfth calendar day prior to any election. If the twelfth day falls upon a weekend or a holiday, then the report shall be filed no later than 4:00 p.m. on the next business day following that weekend or holiday. The report shall be a copy of the campaign finance report required to be filed with the Board of Elections under the general laws of the state on the twelfth calendar day prior to the election.

(b) Supplemental Election Report. Each candidate or campaign committee shall file a supplemental campaign finance report with the Commission no later than 4:00 p.m. on the thirty-eighth calendar day after any election. If the thirty-eighth day falls on a weekend or holiday, then the report shall be filed no later than 4:00 p.m. on the next business day following that weekend or holiday. The report shall be a copy of the campaign finance report required to be filed with the Board of Elections under the general laws of the state on the thirty-eighth calendar day after the election.

(c) Yearly reports. Each candidate or campaign committee shall file a copy of the campaign finance report required to be filed with the Board of Elections under the general laws of the state on the last business day of January of every year. The report shall include contributions received and expenditures incurred from the close of business on the last day reflected in the previously filed report, if any, to the close of business on the last day of December of the previous year, and shall be filed with the Commission on the same date as filed with the Board of Elections.

(d) Reports on Independent Expenditures. Persons who made independent expenditures for or against a candidate shall file a report indicating all independent expenditures made, the amount and date of such independent expenditures and which candidate or candidates such independent expenditures supported or opposed. Further, such person shall indicate clearly on any material published, displayed or broadcast that the independent expenditure was not authorized by a candidate or committee. The report shall be filed no later than 4:00 p.m. on the Friday immediately preceding any election for which campaign the independent expenditure is made.

(e) Immediate Reporting Requirement. Notwithstanding any other provision of this section, each candidate or campaign committee shall notify the Commission in writing of any contribution which equals or exceeds the limitation on campaign contributions fixed pursuant to Section 110.02 and is received after the twentieth day prior to the election and prior to date of the election. For any such contribution which is received after the twentieth day prior to the election and the date that the preliminary election report is filed pursuant to division (a) of this section, the notification to the Commission shall be made within twenty-four (24) hours of the filing of the preliminary election report. For any such contribution which is received after the filing of the preliminary election report and prior to the date of the election, the notification to the Commission shall be made within twenty-four (24) hours of the receipt of the contribution. If the day for reporting pursuant to this division falls on a weekend or holiday, then the report shall be filed no later than 4:00 p.m. on the next business day following that weekend or holiday. The notification to the Commission shall contain the information as set forth in division (a)(1)-(4) above.
(Ord. No. 625-95. Passed 5-15-95, eff. 5-24-95)

110A.03     Duties of the Commission

In addition to those duties set forth in Chapter 110 of the Codified Ordinances, the Commission shall have the following duties:

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

(b) Supply appropriate forms for campaign finance reports as required by Section 110.05 to all candidates and other persons required to file such campaign finance reports;

(c) Furnish written instructions explaining the duties of candidates and committees under the provisions of these sections, including required filing dates for all campaign finance reports;

(d) Examine all campaign finance reports filed with the Commission and check for irregularities that do not meet the requirements of that section. Acceptance of the report by the Commission shall not constitute approval of said report;

(e) Preserve each campaign finance report for at least five years from the date upon which it was required to be filed, or for the period of time as required by law;

(f) Make available for public review within twenty-four (24) hours of receipt any notices received pursuant to division (e) of Section 110A.02. If the day for reporting pursuant to this division falls on a weekend or holiday, then the notice shall be made available no later than 4:00 p.m. on the next business day following that weekend or holiday; and

(g) Promulgate such rules and regulations necessary to implement the provisions of Chapters 110 and 110A and to organize the operations of the Commission which are not in conflict with the provisions of the Charter and Codified Ordinances.
(Ord. No. 625-95. Passed 5-15-95, eff. 5-24-95)

110A.04     Prohibitions

(a) No person, candidate or campaign committee shall fail to timely file any report which is required to be filed by any provision in this chapter.

(b) No person, candidate or campaign committee shall deliberately make a false statement in any report which is required to be filed by any provision in this chapter.

(c) No candidate who files an affidavit pursuant to Section 110.03 shall exceed the total expenditure limit contained in that section.
(Ord. No. 625-95. Passed 5-15-95, eff. 5-24-95)

110A.05     Penalties

(a) Any person who is cited by the Commission for violating Section 110A.04 shall be given written notice of the violation. There shall be no penalty for any prohibited activity set forth in Section 110A.04 which is remedied within fifteen (15) working days of notice of the violation by the Commission.

(b) Any person, candidate or campaign committee violating any prohibition in Section 110A.04 as a first offense shall be fined up to $500.00. A second or subsequent violation of any prohibition in Section 110A.04 shall incur a fine of up to $1,000.00.

(c) Notwithstanding the provisions of division (b) of this section, any candidate violating division (c) of Section 110A.04 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. 625-95. Passed 5-15-95, eff. 5-24-95)

110A.06     Appeals

Any person who is cited pursuant to division (a) of Section 110A.05 shall have thirty days to appeal the finding to the Commission. In the event that written notice of the 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 the 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 tender a decision within five (5) days after the public hearing which decision shall be final.
(Ord. No. 625-95. Passed 5-15-95, eff. 5-24-95)