The Small Donor Fund Ordinance can be found here.

09/26/2023
56-O-23
AN ORDINANCE
ADDING TITLE 1, CHAPTER 13, SECTION 5, "SMALL DONOR DEMOCRACY
MATCHING SYSTEMS FOR FAIR ELECTIONS"
WHEREAS, the current campaign finance system available to residents
of the City of Evanston is not adequate; and
WHEREAS, 	the 	current 	campaign 	finance 	system 	discourages 	many
otherwise qualified candidates from running for office because of their need to raise
substantial sums of money to be competitive and able to adequately get their message
out to voters; and
WHEREAS, 	the 	current 	campaign 	finance 	system 	undermines 	public
confidence in the democratic process and in democratic institutions by encouraging
candidates to rely unduly on personal wealth, wealthy individuals, and special interests
to fund their campaigns; and
WHEREAS, the current campaign finance system creates a danger of
corruption or undue influence by encouraging elected officials to take money from
private interests that are directly affected by governmental actions; and
WHEREAS, 	the 	current campaign finance system diminishes elected
officials’ accountability to their constituents by compelling them to be disproportionately
accountable to the relatively small group of contributors who finance their election
campaigns; and
WHEREAS, the current campaign finance system reduces the opportunity
for all citizens to equally and meaningfully participate in the democratic process; and
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WHEREAS, 	the 	current 	campaign 	finance 	system 	disadvantages
challengers because campaign contributors tend to give their money to incumbents,
thus causing elections to be less competitive; and
WHEREAS, the current campaign finance system burdens candidates
with the rigors of fundraising and thus decreases the time they have available to carry
out their public responsibilities; and
WHEREAS, 	the 	current 	campaign 	finance 	system 	necessitates 	the
creation of a Small Donor Democracy Matching System for Fair Elections to address
these concerns.
NOW THEREFORE BE IT ORDAINED by the Evanston City Council that
Title 1, Chapter 13, “Municipal Elections” of the Evanston City Code of 2012, as
amended, is further amended to include as follows:
1-13-5. - SMALL DONOR DEMOCRACY MATCHING SYSTEM FOR FAIR
ELECTIONS.
1-13-5-1. - DEFINITIONS.
The following words, terms, and phrases, when used in this Chapter, shall have the
meaning ascribed to them in this Section except where otherwise specifically indicated:
Candidate. 	Consistent with the State Election Code (10 ILCS 5/9-1.3)
and any regulations issued by the State Board of Elections
(all referred to hereafter as the “State Election Code”), any
person who seeks nomination for election, election to, or
retention in public office. A person seeks nomination for
election, election, or retention if the person (1) takes the
action necessary under the laws of this State to attempt to
qualify for nomination for election, election to, or retention in
public office, or (2) receives Contributions or makes
Expenditures, or gives consent for any other person to
receive Contributions or make Expenditures with a view to
bringing about their nomination for election or election to or
retention in public office.
Consolidated Election. 	Consistent with the State Election Code (10 ILCS 5/2A-
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1.1(b), 5/2A-1.1(a), and 5/2A-1.2(c)), the election for
municipal officers, held in odd-numbered years on the first
Tuesday in April (unless that election day conflicts with the
celebration of Passover, in which case it is postponed to
the first Tuesday in April following the last day of Passover).
Consolidated Primary
Election.
Shall mean, consistent with the State Election Code (10
ILCS 5/2A-1.1(b) and 5/2A-1.2(d)), the primary election
held in odd-numbered years for municipal officers on the
last Tuesday in February.
If and when ranked-choice voting is implemented for
municipal elections, this definition shall cease to be
effective.
Contribution. 	Consistent with and pursuant to the current State Election
Code (10 ILCS 5/9-1.4),
a. 	a gift, subscription, donation, dues, loan,
advance, deposit of money, or anything of
value, knowingly received in connection with
the nomination for election, election, or
retention of any Candidate or person to or in
public office or in connection with any
question of public policy;
b. 	a gift, subscription, donation, dues, loan,
advance, deposit of money, or anything of
value that constitutes an electioneering
communication made in concert or
cooperation with or at the request,
suggestion, or knowledge of a Candidate, a
political committee, or any of their agents;
c. 	the purchase of tickets for fund-raising events,
including but not limited to dinners,
luncheons, cocktail parties, and rallies made
in connection with the nomination for election,
election, or retention of any person in or to
public office, or in connection with any
question of public policy;
d. 	a transfer of funds received by a political
committee from another political committee;
e. 	the services of an employee donated by an
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employer, in which case the Contribution shall
be listed in the name of the employer, except
that any individual services provided
voluntarily and without promise or expectation
of compensation from any source shall not be
deemed a Contribution; and
f. 	an Expenditure by a political committee made
in cooperation, consultation, or concert with
another political committee.
g. 	notwithstanding anything in the foregoing to
the contrary, the following shall not be
deemed a “Contribution”:
i. 	the use of real or personal property
and the costs of invitations, food, and
beverages, voluntarily provided by an
individual in rendering voluntary
personal services on the individual’s
residential premises for Candidate-
related activities; provided the value of
the services so provided does not
exceed an aggregate of $150 in a
reporting period as the Evanston City
Clerk may provide;
ii. 	the sale of any food or beverage by a
vendor for use in a Candidate’s
campaign at a charge less than the
normal comparable charge, if such
charge for use in a Candidate’s
campaign is at least equal to the cost
of such food or beverage to the vendor;
iii. 	communications by a corporation to its
stockholders and executive or
administrative personnel or their
families;
iv. 	communications by an association to
its members and executive or
administrative personnel or their
families;
v. 	voter registration or other campaigns
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encouraging voting that make no
mention of any clearly identified
Candidate, public question, political
party, group, or combination thereof;
vi. 	a loan of money by a national or state
bank or credit union made in
accordance with the applicable banking
laws and regulations and in the
ordinary course of business, but the
loan shall be listed on disclosure
reports required by this Ordinance and
the State Election Code; however, the
use, ownership, or control of any
security for such a loan, if provided by
a person other than the Candidate or
their committee, qualifies as a
Contribution; or
vii. 	an Independent Expenditure that does
not fall under clause (f) of this definition
(an “Independent Expenditure”).
Coordination. 	An Expenditure made in cooperation, consultation, or
concert with or at the request or suggestion of a Candidate,
an authorized committee of a Candidate, a political
committee of a political party, or agents of the Candidate or
committee, or any payment for any communication that
republishes, disseminates or distributes, in whole or in part,
any broadcast or any written, graphic, or other form of
campaign material prepared by the Candidate, their
committee, or their agents.
Debate. 	The moderated reciprocal discussion of issues among
Candidates on the ballot for the same office.
Election Cycle. 	For the purposes of this Ordinance, either of two separate
periods, with (i) one cycle beginning the day after a
Consolidated Election and ending on the day of the
Consolidated Primary Election and (ii) one cycle beginning
the day after the Consolidated Primary Election and ending
on the day of the subsequent Consolidated Election.
a) If and when ranked choice voting is implemented for
municipal elections, “Election Cycle” shall refer to the
cycle beginning on the day after a Consolidated
Election and ending on the day of the subsequent
Consolidated Election.
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Expenditure. 	Consistent with the State Election Code (10 ILCS 5/9-1.5),
a. 	a payment, distribution, purchase, loan,
advance, deposit, gift of money, or anything of
value, in connection with the nomination for
election, election, or retention of any person
to or in public office or in connection with any
question of public policy;
b. 	a payment, distribution, purchase, loan,
advance, deposit, gift of money, or anything of
value that constitutes an electioneering
communication made in concert or
cooperation with or at the request,
suggestion, or knowledge of a Candidate, a
political committee, or any of their agents; or a
transfer of funds by a political committee to
another political committee.
c. 	“Expenditure” does not include:
(a) the use of real or personal
property and the cost of
invitations, food, and beverages,
voluntarily provided by an
individual in rendering voluntary
personal services on the
individual’s residential premises
for Candidate-related activities,
provided the value of the service
provided does not exceed an
aggregate of $150 in a reporting
period as the Evanston City
Clerk may provide; or
(b) the sale of any food or beverage
by a vendor for use in a
Candidate’s campaign at a
charge less than the normal
comparable charge, if such
charge for use in a Candidate’s
campaign is at least equal to the
cost of such food or beverage to
the vendor.
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Fund. 	The Small Donor Democracy Matching Fund created by
Section 5-2 of this Ordinance.
Immediate Family. 	A person’s parents, siblings, spouse, and children.
Independent Expenditure 	Any payment, gift, donation, or expenditure of funds (i) by a
natural person or political committee for the purpose of
making electioneering communications or of expressly
advocating for or against the nomination for election,
election, retention, or defeat of a clearly identifiable public
official or candidate or for or against any question of public
policy to be submitted to the voters and (ii) that is not made
in connection, consultation, or concert with or at the request
or suggestion of the public official or candidate, the public
official's or candidate's designated political committee or
campaign, or the agent or agents of the public official,
candidate, or political committee or campaign.
Initial Qualifying
Contribution.
A Qualified Contribution of not less than five dollars and not
greater than the initial fifty dollars of any Contribution used
for the purpose of determining whether a Candidate has
raised the minimum number of Contributions to participate
in the small donor Matching Funds Program under this
Ordinance.
Matching Funds. 	Funds paid to a Participating Candidate pursuant to the
Matching Funds Program.
Matching Funds
Program.
The small donor democracy matching funds program
created by this Ordinance.
Nomination Period. 	The period specified by state law during which Candidates
must submit nomination papers for Evanston offices.
Non-Participating
Candidate.
Any Candidate who is not a Participating Candidate,
including any Candidate who has not qualified for Matching
Funds under this Ordinance or who has elected not to
participate in the small donor Matching Funds Program
created by this Ordinance.
Participating Candidate. 	A Candidate who qualifies for Matching Funds under this
Ordinance and opts to participate in the small donor
matching system created under this Ordinance.
Qualified Contribution. 	A monetary Contribution not greater than the initial fifty
dollars of any Contribution made by a Qualified Contributor
Qualified Contributor. 	A natural person resident of Evanston who is eligible under
federal law to donate to a political campaign.
Qualifying Period. 	The period beginning on October 1 in the year preceding
the Consolidated Election for the specific office or seat that
a Candidate is seeking and ending 30 days prior to the
election for which the Matching Funds are sought.
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1-13-5-2. - ESTABLISHMENT OF THE MATCHING FUND.
The Evanston City Council shall establish a continuing and non-lapsing “Small Donor
Democracy Matching Fund” (the “Fund”) for the purpose of:
A. Providing public financing for the election campaigns of Participating Candidates;
and
B. Paying for the administrative and enforcement costs of the Evanston City Clerk
related to the Matching Funds Program created by this Section.
1-13-5-3. - APPROPRIATIONS TO THE FUND.
A. Each year the Evanston City Council shall appropriate $68,750, or one-sixtieth of
a percent of Evanston’s annual budget, to the Fund, whichever is greater.
B. Other sources of revenue to be deposited in the Fund shall include:
1) Any funds returned by any Participating Candidate that remain unspent by
a Participating Candidate following the date of the election for which they
were distributed, in accordance with 1-13-5-12(C);
2) Fines levied against the Candidates for violation of election laws;
3) Voluntary donations made directly to the Fund;
4) Other funds appropriated by the Evanston City Council.
C. The Evanston City Council may, by adoption of an ordinance, make an official
declaration of fiscal emergency and suspend or reduce the amount of the annual
appropriation specified in subsection (A) of this Section. Any such ordinance
suspending or reducing the annual appropriation shall be effective for no more
than one year.
1-13-5-4. - OFFICES COVERED.
Candidates for the office of Mayor shall be eligible to participate in the Matching Funds
Program.
1-13-5-5. - ELIGIBILITY FOR MATCHING FUNDS.
A. To be eligible to be certified as a Participating Candidate, a Candidate must:
(1) During the Qualifying Period for the election involved, choose to participate in
the Matching Funds Program by filing with the Evanston City Clerk a written
application for certification as a Participating Candidate in such form as may be
prescribed by the Evanston City Clerk, containing the identity of the Participating
Candidate, the office that the Participating Candidate seeks, and the Participating
Candidate’s signature, under penalty of perjury, certifying that:
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a. The Participating Candidate has, since the last election or the
adoption of this Ordinance, complied with, and will continue to
comply with, the restrictions of this Ordinance during the applicable
Election Cycle; a Candidate who has accepted impermissible
Contributions prior to filing to participate in this program shall return
any such impermissible Contributions prior to filing to participate in
this Matching Funds Program;
b. The Participating Candidate’s campaign committee has filed all
campaign finance reports required by law during the applicable
Election Cycle to date and the reports are complete and accurate;
and
c. The Participating Candidate shall sign a Participating Candidate
contract signifying the Candidate’s prior compliance and continuing
commitment to comply with the requirements of this Ordinance, to
comply with the Expenditure and Contribution limits set forth below
and in that contract, to comply with the requirements to participate in
public forums or Debates set forth below and in that contract, and to
comply with any other requirements set forth in that contract.
(2) Meet all requirements of applicable law to be listed on the ballot;
(3) Before the close of the Qualifying Period, collect at least 100 Initial Qualifying
Contributions for the office of Mayor, and each such Initial Qualifying Contribution
shall:
a. Have the Qualified Contributor’s signature, or an electronic
equivalent for any donations received online, signifying that the
Qualified Contributor understands that the purpose of the Initial
Qualifying Contribution is to help the Candidate qualify for the
Matching Funds Program and that the Contribution is made without
coercion or reimbursement.
b. Be acknowledged by a written statement, or the electronic
equivalent for any donation received online, to the Qualified
Contributor, with a copy retained by the Candidate. The receipt shall
include the Qualified Contributor’s signature, printed name, home
address, and telephone number, if any, and the name of the
Candidate on whose behalf the Contribution is made.
c. A Contribution for which a Candidate has not obtained a signed
and fully completed receipt, or their electronic equivalents, shall not
be counted as an Initial Qualifying Contribution for the purpose of
satisfying this qualification requirement.
B. To remain eligible to continue to receive Matching Funds under this Ordinance, a
Candidate must:
(1) Submit and maintain such records of all Contributions, receipts, and
Expenditures as required by the Evanston City Clerk, including receipts
containing the same information required for Initial Qualifying Contributions;
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(2) Obtain and furnish to the Evanston City Clerk any information it may
request relating to their campaign Expenditures, Contributions, and Qualified
Contributions and furnish such documentation and other proof of compliance with
this Ordinance as may be requested by the Evanston City Clerk;
(3) Remain in compliance with the requirements set forth in this
Ordinance.
C. At the earliest practicable time after a Candidate files a written application for
certification as a Participating Candidate with the Evanston City Clerk (in no
event exceeding ten business days), the Evanston City Clerk shall certify in
writing that the Candidate is or is not eligible. Eligibility can be revoked if the
Candidate commits a substantial violation of the requirements of this Ordinance,
in which case all Matching Funds granted to the Candidate shall be repaid to the
Fund. Such determination shall be made by the Evanston City Clerk after an
appropriate hearing, affording due process to the aggrieved party, under rules
and regulations to be adopted by the Evanston City Council that further define
what constitutes a “substantial violation” and that set forth the procedures to be
followed in connection with any such hearing.
D. Contributions made prior to the Qualifying Period shall not be counted as
Qualified Contributions.
1-13-6. - MATCHING FUNDS PAYMENTS
A. A Candidate who is certified as a Participating Candidate shall receive payment
of Matching Funds equal to nine times the amount of Qualified Contributions
received by the Participating Candidate during the Election Cycle beginning with
the first day of the Qualifying Period and ending on the day of either the
Consolidated Primary Election or the Consolidated Election with respect to a
single election subject to the aggregate limit on the total amount of Matching
Funds paid to a Participating Candidate specified in 1-13-6B, unless the
Candidate has no opposition on the ballot. Unopposed Candidates shall not be
eligible to receive Matching Funds unless and until they cease to be unopposed.
Opposed Candidates whose opposition drops out during the campaign shall
cease to be qualified for additional Matching Funds once the opposition drops
out.
B. The aggregate amount of Matching Funds payments that may be made to a
Participating Candidate during an Election Cycle may not exceed $45,000 for
Consolidated Primary Election and $45,000 for the Consolidated Election. If and
when ranked choice voting is implemented for municipal elections, the aggregate
amount of Matching Funds payments that may be made to a Participating
Candidate during an Election Cycle may not exceed $81,000.
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C. 	A Participating Candidate’s application for Matching Funds, including an initial
request submitted with an application for certification as a Participating
Candidate, shall be made using a form prescribed by the Evanston City Clerk
and shall be accompanied by Qualified Contribution receipts, which must include
the same information required for Initial Qualifying Contributions; and any other
information the Evanston City Clerk requires by rule or regulation. This
application shall be accompanied by a signed statement from the Participating
Candidate indicating that all information on the Qualified Contribution receipts is
complete and accurate to the best of the Participating Candidate’s knowledge.
The Evanston City Clerk shall verify that a Participating Candidate’s Qualified
Contributions meet all of the requirements and limitations of this Ordinance prior
to the disbursement of Matching Funds to the Participating Candidate.
D. The Evanston City Clerk shall make an initial payment of Matching Funds within
four business days of the Clerk’s certification of a Participating Candidate’s
eligibility in accordance with the provisions of this Ordinance, or as soon
thereafter as is practicable.
E. The Evanston City Clerk shall establish a schedule for the submission of
Matching Funds payment requests, permitting a Participating Candidate to
submit a Matching Funds payment request at least once per week, in accordance
with a schedule established by the Clerk.
F. In the event that 90% of the existing Fund has been distributed, the Evanston
City Clerk shall give notice within 24 hours to all Candidates that only 10% of the
Fund remains. Thereafter, the Clerk shall make no further Matching Funds
payments until after election day and it shall only pay any requests submitted
after notice has been distributed under this subsection proportionally, spread
over all Candidates and requests equally, in a manner to be determined in
greater detail pursuant to rules adopted by the Clerk.
1-13-5-7.- LIMITS ON CONTRIBUTIONS.
Participating Candidates shall adhere to the following limitations in accepting
Contributions to their campaigns:
No Candidate shall accept, directly or indirectly, any Contribution (or combination
of Contributions) from the same person, corporation, partnership, political party,
political action committee or other legal entity in excess of the following amounts
in any Election Cycle:
1) For Mayor 	$150
A. No Participating Candidate shall accept any Contribution (or combination of
Contributions) from any person, corporation, partnership or other legal entity who
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does business or plans to do business exceeding $5,000 with Evanston, or seeks
or plans to seek zoning variances from Evanston for non-residential properties.
Nor shall any Participating Candidate encourage, support, cooperate, or
coordinate with any Independent Expenditure committee or any individual
engaging in Independent Expenditures, whether in support of the Candidate or in
opposition to the Candidate’s opponent. The Evanston City Council may adopt
additional rules and regulations defining who is deemed to be “doing business” or
planning to do business with the municipality, and who is deemed to be “seeking
or planning to seek non-residential” zoning variances, within the meaning of this
Ordinance.
No Participating Candidate shall make Expenditures from or use their own
personal funds or the personal funds or property held jointly with their spouse,
domestic partner, or unemancipated children in connection with their nomination
for election or election except as a contribution to their political committee in an
amount that does not exceed three times the maximum Contribution applicable
under subsection A of this Section. Such Candidate shall not make Expenditures
from or use other personal funds or property of their spouse, domestic partner, or
unemancipated children in furtherance of their own campaign.
1-13-5-8. - LIMITS ON OVERALL CAMPAIGN EXPENDITURES.
During an Election Cycle, each Participating Candidate agrees to limit their campaign
Expenditures to no more than the following sums:
A. For Mayor: $100,000 for the Consolidated Primary Election and $100,000 for the
Consolidated Election. If and when ranked choice voting is implemented for
municipal elections and the Consolidated Primary Election is eliminated, each
Participating Candidate agrees to limit their campaign Expenditures to no more
than $160,000 for the Consolidated Election.
1-13-5-9.- ADJUSTING PROVISIONS.
A. The Evanston City Council shall review the amounts and numbers of required
Initial Qualifying Contributions, the ratio of Matching Funds, the additional limits
on Contributions, and the limits on overall Contributions and Expenditures in the
six-month period following each Consolidated Election to determine whether they
shall stay the same (after any adjustment for inflation) or be increased for the
next Election Cycle.
B. If the Evanston City Council determines that any of the figures specified in
Section 5-8(A) should change, then any proposed change (other than an
adjustment for inflation) shall be adopted for the next Consolidated Election by a
majority vote of the Evanston City Council.
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C. The Evanston City Clerk shall revise the limits on Contributions, on overall
Contributions, and on overall Expenditures at least one year prior to the next
Consolidated Primary Election, to adjust them by an amount equal to the change
in the federal Consumer Product Index for inflation. Amounts shall be rounded to
the nearest ten-dollar figure. The revised overall limits shall be published no later
than one year prior to the date of the next Consolidated Primary Election.
(1) If and when ranked choice voting is implemented for municipal elections,
any revisions made by the Evanston City Clerk shall be made at least one
year prior to the next Consolidated Election. The revised overall limits
shall be published no later than one year prior to the date of the next
Consolidated Election.
1-13-5-10. - CAMPAIGN ACCOUNTS FOR PARTICIPATING CANDIDATES.
During an Election Cycle, each Participating Candidate shall conduct all campaign
financial activities through a single candidate committee, consistent with the State
Election Code (10 ILCS 5/9-2(b)), and shall comply with any additional recordkeeping
requirements imposed under this Ordinance by the Evanston City Clerk.
1-13-5-11. - EXPENDITURE OF MATCHING FUNDS.
A. A Participating Candidate shall use Matching Funds only for direct campaign
purposes.
B. A Participating Candidate (or anyone acting on their behalf) shall not use
Matching Funds for:
1) Costs of legal defense in any campaign law enforcement proceeding;
2) Indirect campaign purposes, including but not limited to:
a. 	The Participating Candidate’s personal support or compensation to
the Participating Candidate or the Participating Candidate’s
Immediate Family;
b. 	Clothing, haircuts, and other items related to the Participating
Candidate’s personal appearance;
c. 	A Contribution or loan to the campaign committee of another
Candidate, a party committee, or other political committee;
d. 	An Independent Expenditure;
e. 	Automobile purchases or tuition payments;
f. 	Dues, fees, or gratuities at a country club, health club, recreational
facility, or other nonpolitical organization unless part of a specific
fundraising event that takes place on the organization’s premises;
g. 	Admission to a sporting event, theater, concert, or other
entertainment event not part of a specific campaign activity;
h. 	Gifts, except for brochures, buttons, signs, and other campaign
materials and token gifts valued at not more than fifty dollars that
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are for the purpose of expressing gratitude, condolences, or
congratulations.
i. 	Interest on loans from the Candidate to their campaign committee.
Participating Candidates are prohibited from charging interest on
personal loans to their committees.
1-13-5-12. - DISCLOSURE REQUIREMENTS AND PROCEDURES; RETURN OF
FUNDS.
A. Each Participating Candidate shall file reports of Contribution receipts and of
Expenditures of Matching Funds and other campaign funds at such times and in
such manners as the Evanston City Clerk may prescribe, including but not limited
to reports containing information necessary to verify that the Qualified
Contributions received by Participating Candidates and the Matching Funds
spent by Participating Candidates comply with the restrictions and requirements
of this Ordinance.
B. No more than 90 days after the Consolidated Election, every Candidate for one
of the offices covered by this Ordinance (whether or not they received Matching
Funds under this Ordinance) who received campaign Contributions or made
campaign Expenditures in excess of $5,000 shall file a copy of their most recent
quarterly report to the Illinois State Board of Elections with the Evanston City
Clerk. The Evanston City Clerk shall adopt such procedures for auditing such
reports and issuing a public report summarizing the election results, the
campaign Expenditures made in connection with offices covered by this
Ordinance, and the level and amount of Matching Funds provided to each
campaign.
C. No more than 90 days after the Consolidated Election, every Participating
Candidate who received Matching Funds under this Ordinance shall repay the
Fund any unused Matching Funds, calculated as follows: any unused campaign
funds shall be multiplied by a ratio consisting of the total amount of Matching
Funds received by the campaign in the numerator and the total amount of
campaign funds raised by the campaign in the denominator. The amount of any
such repayment is not to exceed the total amount of Matching Funds paid to the
campaign.
1-13-15-13. - APPLICATION OF CONTRIBUTION AND EXPENDITURE LIMITATION
TO CERTAIN POLITICAL ACTIVITIES.
Nothing in this Ordinance shall be construed to restrict Candidates or their agents from
making appearances at events sponsored or paid for by persons, political committees,
or other entities that are not in any way affiliated with such Candidate or any agent of
such Candidate. The costs of such events shall not be considered Contributions to or
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Expenditures by such a Candidate for purposes of this Ordinance simply because the
Candidate or agent appears at such an event. However, this provision does not apply to
events at which Contributions are solicited on behalf of the Candidate.
1-13-5-14. - OTHER REQUIREMENTS OF PARTICIPATING CANDIDATES.
Participating Candidates shall also be required to participate in at least two Debates or
public forums with the other Candidates for the office in question, including any other
Participating Candidates for the office and any willing Non-Participating Candidates for
the office. For the purpose of satisfying this provision, the forum or Debate must be held
at least two days prior to the Election and must last at least 50 minutes. Such forums or
Debates shall be run by a nonpartisan, non-endorsing organization under reasonable
rules adopted by such organizations and made final in consultation with the Evanston
City Clerk. A copy of the rules governing any such forum or Debate shall be submitted
to the Evanston City Clerk.
1-13-5-15. - RESPONSIBILITIES OF THE EVANSTON CITY CLERK.
A. The Evanston City Clerk’s office may employ additional people, including but not
limited to attorneys and accountants, to carry out its duties. The total budget for
the Clerk’s operations shall not exceed $50,000 per Election Cycle without prior
express approval from the Evanston City Council.
B. The Clerk shall have the authority to promulgate such rules and regulations and
provide such forms as it deems necessary to administer the Matching Funds
system created by this Ordinance. The Clerk shall promulgate regulations
concerning the form in which Contributions and Expenditures are to be reported,
the periods during which such reports must be filed, the measures for auditing
and reporting on campaign Contributions and Expenditures, and the verification
required.
C. The City’s Administrative Hearing Officer shall have the power to investigate all
matters relating to the performance of its functions and any other matter relating
to the proper administration of this Ordinance. It shall have the power to require
the attendance of witnesses; to examine and take testimony under oath of such
persons as it shall deem necessary; and to require the production of books,
accounts, papers, and any other relevant evidence relative to such investigation.
D. The Clerk shall develop a program for informing Candidates and the public about
the small donor Matching Funds system created by this Ordinance. The Clerk
may prepare and make available educational materials, including compliance
manuals and summaries of the relevant provisions of this program. The Clerk
shall prepare and make available materials including, to the extent feasible,
computer software, to facilitate the task of compliance with the disclosure and
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record-keeping requirements under this Ordinance.
E. The Clerk shall have the power to render advisory opinions with respect to
questions arising under this Ordinance. Such opinions may be requested in
writing by any Candidate, political committee, or member of the general public.
The Clerk shall promulgate rules regarding submissions and responses to such
requests, including response times. The Clerk shall make public its response to
any such requests, as well as to any other formal rulings or interpretations it
makes, including by posting them on its website, if practicable.
F. The Clerk may take such other actions as are necessary and proper to carry out
its functions and the purposes of adoption of a small donor Matching Funds
system. The specific grants of power under this Section do not constitute and
shall not be construed as limitations on the other proper and necessary powers
of the Clerk.
1-13-5-16. - PUBLIC CAMPAIGN FINANCING PROGRAM PENALTIES.
A. It is a violation of the law for Participating Candidates to accept more Matching
Funds than those to which they are entitled or to misuse such Matching Funds.
1) If a Participating Candidate knowingly or willingly accepts or spends
Matching Funds in violation of this Ordinance, the Candidate shall repay to
the Fund an amount equal to twice the value of the Matching Funds
unlawfully accepted or spent.
2) The Evanston City Council shall have the authority to make willful violation
of this Ordinance a misdemeanor and to impose appropriate penalties
after affording appropriate due process.
B. Any member of the public, as well as the Clerk on its own initiative, shall have
standing to file a complaint alleging a violation of this Ordinance. In the event that
a complaint is filed by an opposing Candidate, or in coordination with an
opposing Candidate’s campaign, the City’s Administrative Hearing Officer shall
have the option of awarding costs and attorney fees in the event that the
complaint is found to have been lacking in a reasonable basis.
C. The City’s Administrative Hearing Officer shall adopt appropriate rules
guaranteeing notice and due process to anyone accused of violating this
Ordinance and setting forth the process the City will follow in investigating and
adjudicating any such complaint.
SECTION 2: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
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SECTION 3: If any provision of this Ordinance or application thereof to
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this Ordinance that can be given effect
without 	the 	invalid 	application 	or 	provision, 	and 	each 	invalid 	provision 	or 	invalid
application of this Ordinance is severable.
SECTION 4: The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
SECTION 5: This Ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
Introduced: _________________, 2023
Adopted: ___________________, 2023
Approved: ___________________, 2023
_______________________________
Daniel Biss, Mayor
Attest:
_______________________________
Stephanie Mendoza, City Clerk
Approved as to form:
______________________________
Alexandra B. Ruggie, Interim Corporation Counsel
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