§ 2-2-31. DEFINITIONS.

In this article:

(A)

DIRECT CAMPAIGN EXPENDITURE means an expenditure for an electioneering communication or for express advocacy, as those terms are defined in this Article, that is made:

(1)

independently of any candidate and any candidate's campaign committee;

(2)

without prior consent, cooperation, strategic communication, or consultation between:

(a)

any candidate, any candidate's campaign staff, any candidate's campaign committee, or an agent or employee of any candidate or candidate's campaign committee; and

(b)

the person or entity making the expenditure, or that person's agent or employee; and

(3)

without prior sharing of material information regarding the communication's content, intended audience, timing, or method of dissemination between:

(a)

any candidate, any candidate's campaign staff, any candidate's campaign committee, or an agent or employee of any candidate or any candidate's campaign committee; and

(b)

the person or entity making the expenditure, or that person's agent or employee.

(B)

ELECTIONEERING COMMUNICATION means a communication that:

(1)

costs, or is part of a series of communications that in the aggregate cost, $500 or more;

(2)

refers to:

(a)

a clearly identified candidate by:

(i)

containing the candidate's name, nickname, or image; or

(ii)

making an unambiguous reference to the candidate or to the candidate's status as a candidate, challenger, or incumbent; or

(b)

a clearly identified ballot measure, by containing:

(i)

the measure's number;

(ii)

a description of the measure; or

(iii)

an unambiguous reference to the measure;

(3)

is disseminated by publication, broadcast, Internet, a mass mailing, a telephone bank, or a billboard;

(4)

is made later than the 61st day before the date of an election in which the candidate or the ballot measure appears on the ballot; and

(5)

is capable of reaching at least:

(a)

5,000 people eligible to vote in the election; or

(b)

two percent of the number of registered voters eligible to vote in the election.

(C)

ELECTION REPORTING CYCLE means the two-year period beginning on the date following the most recent City general election.

(D)

EXPRESS ADVOCACY means a communication, activity, goods, services, or any other thing of value that refers to a clearly identified candidate or ballot measure that:

(1)

expressly advocates the election or defeat of the candidate, or passage or defeat of the ballot measure, including using such language as "Vote for," "Re-elect," "Cast your ballot against," "Cast your ballot for," "Defeat," "Vote Down," or "No More Funds for X;" or

(2)

is susceptible to no reasonable interpretation other than as an appeal to vote for or against a specific candidate or ballot measure.

(E)

SEGREGATED BANK ACCOUNT means a bank account maintained by a person who makes one or more direct campaign expenditures or covered transfers, consisting of funds that were paid directly to such account by persons other than the person that controls the account, used by that person to make direct campaign expenditures or covered transfers. A person who pays for direct campaign expenditures or covered transfers exclusively from a segregated bank account must only report information regarding contributions made to that account under Sections 2-2-32 ( Reporting of Direct Campaign Expenditures ), 2-2-33 ( Disclosure Statement Required ), and 2-2-34 ( Reporting of Covered Transfers ).

Source: Ord. 20120802-069; Ord. No. 20160407-006, Pt. 13, 4-18-16 ; Ord. No. 201660623-020, Pt. 3, 7-3-16.