§ 2-2-32. REPORTING OF DIRECT CAMPAIGN EXPENDITURES.

(A)

A person who makes one or more direct campaign expenditures in a City election that in the aggregate meet or exceed $500 shall report:

(1)

the full name and address of the person who makes the expenditure;

(2)

if the person who makes the expenditure is an individual, the individual's occupation and employer;

(3)

the full name and address of the person to whom each expenditure is made;

(4)

the date and amount of each expenditure;

(5)

the purpose and description of each expenditure;

(6)

in the case of an expenditure for express advocacy, the name of each candidate, including the office held and office sought as applicable, whose election or defeat the expenditure advocates, or each ballot measure the passage or defeat of which the expenditure advocates;

(7)

in the case of an expenditure for an electioneering communication, the name of each candidate, including the office held and office sought as applicable, to whom the communication refers or each ballot measure to which the communication refers; and

(8)

except as provided in subsection (A)(8)(c), if the person making the expenditure has accepted a contribution from another person during the current election reporting cycle:

(a)

in the case of an expenditure exclusively paid for by funds contained in a segregated bank account, for each contributor to the account who made contributions in an aggregate amount of $500 or more during the current election reporting cycle that have not previously been reported under this subsection:

(i)

the full name and address of the contributor;

(ii)

if the contributor is an individual, the individual's occupation and employer; and

(iii)

the date and amount of each contribution received; or

(b)

in the case of an expenditure paid for by funds other than funds contained in a segregated bank account, for each contributor who made contributions in an aggregate amount of $500 or more during the current election reporting cycle that have not previously been reported under this subsection:

(i)

the full name and address of the contributor;

(ii)

if the contributor is an individual, the individual's occupation and employer; and

(iii)

the date and amount of each contribution received.

(c)

A person is not required to report a contribution under subsections (A)(8)(a) or (A)(8)(b) if:

(i)

the contributor specified in writing that the contribution was not to be used for political contributions or direct campaign expenditures at the time that the contribution was made to the person making the expenditure, and the person making the expenditure did not use the contribution for political contributions or direct campaign expenditures;

(ii)

the person making the expenditure received the contribution in a commercial transaction in the ordinary course of any trade or business conducted by the person; or

(iii)

the person making the expenditure received the contribution from investments made by the person.

(B)

A person making a report required by subsection (A) shall include in the report a sworn statement that each direct campaign expenditure was made without prior consent, cooperation, strategic communication, consultation, or sharing of material information regarding the communication's content, intended audience, timing, or method of dissemination between an affected candidate, the candidate's campaign staff, the candidate's campaign committee, or an agent or employee of the candidate or the committee, and the person making the expenditure, or that person's agent or employee.

(C)

The report required by subsection (A) shall be made:

(1)

if the expenditure is made before the 60th day before the date of the election, no later than the fifth business day after the date of the expenditure;

(2)

if the expenditure is made on or after the 60th day before the date of the election and before the ninth day before the date of the election, no later than the second business day after the date of the expenditure; or

(3)

if the expenditure is made on or after the ninth day before the date of the election, no later than 5 p.m. on the first business day after the date of the expenditure.

(D)

A person making a report required by subsection (A) shall, in addition to the required report, also provide to the city clerk a structured data file containing the contents of the report. The data file must be provided to the city clerk no later than the date that the associated report must be filed.

(E)

The data file must comply with specifications and be on media determined by the city clerk. A filer who provides a non-compliant data file to the clerk shall resubmit the data in the required format. A data file that must be resubmitted is timely filed if resubmitted no later than the next business day after the date that the clerk notifies the filer that the data file is non-compliant.

(F)

Information reported under this section by a political committee or a person subject to Section 254.261 ( Direct campaign expenditure exceeding $100 ) of the Texas Election Code must also be reported on the political committee's or person's next campaign finance report, if required by state law.

Source: Ord. 20120802-069; Ord. No. 20160407-006, Pt. 14, 4-18-16 ; Ord. No. 20160623-020, Pt. 4, 9-1-16 .

Editor's note

This section is effective September 1, 2016. Part 7 of Ordinance No. 20160623-020 states, "A person who makes one or more expenditures that are reportable under section 2-2-32 (Reporting of Direct Campaign Expenditures) must only report contributions received after August 31, 2016.