[Adopted 2-13-2017 by Ord. No. 3073]
It is the purpose and intent of the Board of Commissioners of
the Township of Whitehall, in enacting this Part, to:
A.
Eliminate the possibility of corruption or the appearance of corruption
in local elections arising as a result of disproportionately large
political contributions by adopting limits on the amount of political
contributions that any person may contribute or otherwise cause to
be made available to candidates for positions within Whitehall Township
and those who support or oppose such candidates;
B.
Place realistic and enforceable limits on the amount individuals
may contribute to political campaigns in municipal elections and to
provide full and fair enforcement of all the provisions of this Part;
C.
Ensure that all individuals and interest groups in Whitehall Township
have a fair opportunity to participate in elective and governmental
processes;
D.
Limit contributions to candidates and candidate committees to eliminate
or reduce the appearance or reality that large contributors may exert
undue influence over elected officials; and
E.
Help restore public trust in electoral and governmental institutions.
As used in this Part, the following terms shall have the meanings
indicated:
Any individual who seeks nomination or election to a Township
elected office, whether or not such individual is nominated or elected.
Any person shall be deemed to be seeking nomination or election to
such office if he or she has:
Received a contribution or made an expenditure, or given his
or her consent for any other person or committee to receive a contribution
or make an expenditure, for the purpose of influencing his or her
nomination or election to office, whether or not the individual has
announced the specific office to be sought at the time the contribution
is received or the expenditure is made; or
Filed nomination papers or petitions for a Township elected
office.
The political committee, any money or assets associated with
it, and any associated bank account into which all contributions in
support of a campaign for Township elected office shall be made and
out of which all expenditures for that office shall be made.
Any expenditure made by any person (other than a candidate
or candidate committee) in support of a candidate's campaign that
is made in cooperation, consultation, or in concert with, or at the
direction of a candidate, candidate committee, or agent thereof.
Every primary election, general election, or special election
for a Township elected office.
Begins on the day after a covered election for the Township elected office which the candidate seeks and ends on the day of the next covered election for that same Township elected office. For the purposes of the contribution limits set forth in § 1-334, primary and general elections shall be considered separate elections.
An individual, partnership, corporation, sole proprietorship,
or other form of organization permitted under the laws of the Commonwealth
of Pennsylvania to make political contributions. For the purposes
of this Part, person shall not include a political committee.
Any committee, association, political party, or other group of persons, including a candidate committee as required by § 1-335 of this Part, operating with the purpose of influencing the outcome of an election, including, but not limited to, covered elections.
Money, gifts, forgiveness of debts, loans, or things having
a monetary value incurred or received by a candidate for a Township
elected office or a political committee with which he or she is associated
for use in advocating or influencing the election of the candidate
for Township elected office. For the purposes of this Part, political
contribution shall include all coordinated expenditures.
The offices of Township Mayor, Township Treasurer, and Board
of Commissioners.
A.
No person, except the candidate, shall make political contributions
to a candidate or candidate committee per covered election for the
office that the committee has been established to seek, that exceeds
the following limitations:
|
Candidate
|
Limit
|
|---|---|
|
For Mayor
|
$2,000
|
|
For Treasurer
|
$1,000
|
|
For Board of Commissioners
|
$1,000
|
B.
No political committee shall make political contributions to a candidate
or candidate committee per covered election that exceeds the following
limitations:
|
Candidate
|
Limit
|
|---|---|
|
For Mayor
|
$2,000
|
|
For Treasurer
|
$1,000
|
|
For Board of Commissioners
|
$1,000
|
C.
The limitations imposed by this section shall not apply to volunteer
labor hours.
D.
No candidate for Township elected office and no political committee
shall accept any political contribution which exceeds the contribution
limits set forth in this Part. If a candidate receives a political
contribution in excess of the contribution limits set forth herein,
the candidate must fully refund the portion of the political contribution
in excess of the contribution limit within 15 days of receipt of the
political contribution.
E.
For reporting purposes, the date of a political contribution shall
be the date that the contribution is received by the campaign. The
act of pledging a political contribution or depositing a political
contribution into the bank account associated with a candidate committee,
or expending campaign funds that a political contribution may have
been earmarked or otherwise planned for, shall not be a sufficient
act to indicate the date of a contribution. Similarly, stacking contributions,
whereby a candidate accepts a contribution for the primary election
and the general election at the same time or during the same election
cycle, is prohibited.
A.
A candidate for Township elected office shall have no more than one
candidate committee and one associated bank account for each Township
elected office being sought, into which all political contributions
in support of a campaign for said office shall be made and out of
which all expenditures in support of a campaign for said office shall
be made.
B.
Candidates are prohibited from donating or transferring funds from
one candidate committee or any other political committee to another
candidate committee at an amount above the campaign finance limits
set forth in this Part in any and all circumstances.
C.
Candidates are prohibited from amending an existing candidate committee
and assigning it and the funds associated with it for the use in support
of a different campaign for Township elected office than it was originally
intended.
[Amended 8-13-2018 by Ord. No. 3117]
A.
All Pennsylvania State Ethics Commission statements of financial
interest filed by candidates with the Township shall be time and date
stamped upon receipt and a date-stamped copy shall be returned to
the candidate together with a copy of this Exhibit A to Ordinance
3073[1] as set forth herein or as codified.
B.
Copies of all campaign finance reports and any other reports related
to campaign contributions filed with Lehigh County must also be filed
with the Township of Whitehall. Candidates must file such campaign
finance reports with the Township no later than the deadline for filing
those reports with Lehigh County.
A.
No person serving in a Township elected office may be involved with
any matter before the Township involving a person who has made a political
contribution to such elected official and must recuse him or herself
from any such matter. Whenever a person serving in a Township elected
office is required to recuse him or herself hereunder, such elected
official shall:
A.
The Whitehall Township Board of Ethics shall be empowered to hear
complaints from any person residing in Whitehall Township regarding
violations of this Part and may use all of its powers to investigate
and adjudicate these alleged violations in accordance with its normal
administrative procedures and powers.
B.
If the Whitehall Township Board of Ethics levies a fine on a candidate
for violations of this Part, the fine shall be equal to $1,000 per
instance of a violation of this Part by a candidate for the office
of Board of Commissioners, $1,000 per instance of a violation of this
Part by a candidate for the office of Township Treasurer, and $2,000
per instance of a violation of this Part by a candidate for the office
of Township Mayor. Candidates shall also be required to refund the
entirety of any donations received above the campaign finance limits
set forth in this Part. Each political contribution in violation of
this Part shall be considered a separate violation.
C.
The Whitehall Township Board of Ethics may levy a fine of $10 per day for the late filing of any report required under § 1-336 of this Part.
D.
No person elected to a Township elected office may take office or assume the duties of that Township elected office unless he or she has filed all reports required under § 1-336 of this Part and paid all outstanding fines owed to Whitehall Township related to penalties levied by the Whitehall Township Board of Ethics, and completed all actions required by the Whitehall Township Board of Ethics related to a penalty levied or issued by the Whitehall Township Board of Ethics.
