REPORT TO THE CITY COUNCIL
March 1, 2018
FROM: DOUGLAS T. SLOAN, City Attorney
City Attorney’s Office
SUBJECT
Title
BILL - (For introduction) - Amending Section 2-1104 of the Municipal Code relating to campaign contributions.
Body
RECOMMENDATION
It is recommended Council approve the ordinance amending Section 2-1104 of the Municipal Code relating to campaign contributions.
EXECUTIVE SUMMARY
Charter Section 309 limits campaign contributions to a time window from the election filing date through the end of that calendar year. A recent court of appeals decision found such time restrictions to be unconstitutional. This ordinance provides the City will no longer enforce Charter Section 309 and effectively removes timing restrictions for fundraising for city offices.
BACKGROUND
The U.S. Fifth Circuit Court of Appeals decision of Zimmerman v. City of Austin, Texas, No. 16-51366, 2018 WL 652854 (5th Cir. Feb. 1, 2018) recently held fundraising time limits violate the First Amendment absent specific findings that the time limits prevent actual or perceived corruption beyond contribution dollar limits. In light of the Zimmerman case, this ordinance amends Municipal Code Section 2-1104 to state Charter Section 309 will no longer be enforced.
ENVIRONMENTAL FINDINGS
Not applicable.
LOCAL PREFERENCE
Not applicable.
FISCAL IMPACT
None.
Attachment: Ordinance Amending Section 2-1104