§ 117-6. Contribution Limits Apply to Conversion of Campaign Committees  


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  • (a) Definitions.

    "Conversion" means the act of formally changing the designation of the office for which a candidate is running, by changing the designation of "office sought" on the Designation of Treasurer Form (Form 30-D) of a candidate campaign committee.

    Unless otherwise defined in this chapter, a word used in this section has the same meaning as in Section 3517.01 of the Ohio Revised Code.

    (b) Basic Prohibition. Political contributions raised for a county, state or federal candidate campaign, which is then converted into a city council or mayoral campaign, or contributions raised for a city council campaign which is converted to a mayoral campaign, must comply with the limits on contributions as established in Article XIII of the charter of the city of Cincinnati. The burden shall be on the candidate to show that funds raised have been in accordance with the city's contribution limits, and that contributions in excess of the city's contribution limits have been disposed of in accordance with this section and any rules promulgated by the Cincinnati Election Commission.

    If a county, state or federal candidate campaign is converted to a city council or mayoral campaign, or if a city council campaign is converted to a mayoral campaign, the aggregate contribution of funds from each contributing individual or entity to the committee for the entire period since the end of the last general election period for the office under which the committee is, or has been, collecting contributions, up to the submission of a nominating petition for city council or mayor, plus any additional contributions made by the same contributing individual or entity after the campaign is converted to a city council or mayoral campaign, cannot exceed the limits established by Article XIII of the charter of Cincinnati.

    (c) Disposal of Surplus Funds. If an aggregate contribution from an individual contributor or contributing entity surpasses the limits established by Article XIII during the entire period since the end of the last general election period for the office under which the committee is, or has been, collecting contributions, up to the submission of a nominating petition for city council or mayor, then the surplus amount contributed must be disposed of in accordance with O.R.C. § 3517.109(C). A candidate or campaign committee required to dispose of surplus funds pursuant to this ordinance shall file a report with the Cincinnati Election Commission as described in Article XIII of the charter and in accordance with rules and regulations promulgated by the Cincinnati Election Commission.

    (d) Rules and Regulations. In accordance with Article XIII, Section 4 of the charter of the city of Cincinnati and Municipal Code Section 117-5, the Cincinnati Election Commission shall promulgate rules and regulations regarding the applicability of contribution limits for candidates from all previous election periods.

    (e) Penalties. The penalties for a violation of this section shall be the same as those prescribed under Article XIII, Section 2(d) of the charter of the city of Cincinnati.

    (f) Severability. If a court of competent jurisdiction declares a provision of this section invalid, the remainder of the section remains in effect.

(Ordained by Emer. Ord. No. 125-2005, eff. April 6, 2005; a. Ord. No. 370-2012, § 1, eff. Nov. 17, 2012)