§ 4.44.100. Reporting deadlines—Failure to file.

A.

A person may not become a candidate for public or party office in any election in the City, a certificate of candidacy may not be accepted on a person's behalf, and a person may not become a treasurer for a candidate or committee unless the person has filed or had filed on the person's behalf all reports or statements required by Section 4.44.080 and Subsection C of this section to be filed by that person, as a candidate, chair or treasurer, during the five calendar years preceding the election in which the person seeks to become a candidate or treasurer.

B.

A late filing fee shall be assessed for forms not filed pursuant to Section 4.44.080 of this Code.

1.

For pre-election reports and affidavits not timely filed, a fee of twenty dollars shall be assessed each day for the first six days and ten dollars each day thereafter.

2.

For post-election reports not timely filed, a fee of ten dollars shall be assessed each day.

3.

The maximum assessable fee shall be two hundred fifty dollars per report and shall be computed from the day immediately following the due date and include the day of filing.

4.

Fees assessed under this subsection shall not be paid directly or indirectly from campaign funds and shall constitute a personal liability of the candidate and treasurer if the campaign finance entity is a personal treasurer or chairman and treasurer for all other campaign finance entities.

C.

For the purposes of this section, the failure to provide all of the information called for on the forms prescribed pursuant to Section 4.44.090, to the extent applicable, is a failure to file under Section 4.44.100B of this Code if the board has notified the candidate and treasurer, or chairman and treasurer, in writing, of the particular deficiencies and a properly corrected report has not been filed within thirty days of service of notice. After the thirtieth day, and in the absence of a filed corrected report, all sanctions provided for in this section and in Section 4.48.210 shall be applicable without the necessity of further notice to the candidate, chair or treasurer under this subsection or Subsection B. of this section.

D.

A person may not be deemed elected to any public or party office in this City, or enter upon the duties of the office or receive any salary or emoluments from the office, until all of the reports and statement of contributions and expenditures required to be filed by the person pursuant to Section 4.44.080 of this Code have been filed and assessed fees paid. A candidate may not be sworn in until the board certifies that all the reports and statements required by those sections have been filed and assessed fees paid.

E.

The provisions of this section, and the provisions of Section 4.44.080 with respect to the filing of reports or statements, are mandatory and not directory. However, a candidate may not be disqualified for failure to file a report or statement if the failure is found by a court of competent jurisdiction to be for just cause.

(Prior code § 7A-131)

(Ord. No. O-24-11 Amended, § I, 2-13-2012; Ord. No. O-27-16, § I, 7-25-2016)