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Candidates for public office in Wichita would not be able to accept donations from corporations or limited liability companies if the Wichita City Council moves forward with a proposed ban Tuesday.
Proposed amendments to the city’s campaign finance rules would prohibit city candidates and their political committees from receiving funds from in-state or out-of-state corporations or LLCs, and would instead allow them to receive contributions from individuals, political action committees and other groups. only.
Under Kansas law, any individual, business, organization, or other entity may contribute up to $500 to a candidate each election cycle.
This rule prohibits those behind LLCs and corporations from making donations as individuals and in the name of their companies — contributions amounting to thousands of dollars — to candidates’ campaigns that some may consider unfair. This does not preclude giving benefits.
mayor of wichita Brandon Whipple The request for declaration states that the ordinance was approved by the City Council on Tuesday “to ensure that candidates in future elections have the necessary guidance to properly fund their campaigns in Wichita.” They requested that a state of public emergency be declared in order for the ordinance to be adopted when it is introduced. of an emergency.
Tuesday’s meeting will be Whipple’s last as mayor since he lost his seat to former television reporter Lily Wu in the November general election. Wu, who raised a record $440,000 in donations during his mayoral campaign, including about $115,000 from businesses, is scheduled to take office on Jan. 8, according to the city’s website.
Companies contributed $5,200 to Mr. Whipple’s campaign, according to an Eagle analysis of campaign finance reports.
If passed, the new rules would apply to Wichita mayoral and city council campaigns.
Asked for comment on the proposal Friday, Wu sent an emailed statement.
“Individuals and businesses are essential to our communities and should be able to participate in campaigns. The state already mandates a donation limit of $500 per person or organization, and attempts to manipulate this can have different consequences. “It’s sexual,” she wrote.
She noted that she had raised a record amount of donations “from a diverse group of Wichitans,” adding, “At the end of the day, it’s not money that wins elections, it’s voters who make the effort to vote for candidates.” .
Bans on the types of organizations that can donate to Wichita elections are not new. The city previously prohibited political committees, corporations, partnerships, trusts, unions, business groups and other organizations from donating to candidates.
However, the City Council changed the ordinance in December 2015 to bring it more in line with state law and to comply with the U.S. Supreme Court’s landmark Citizens Act, which prohibits the government from restricting independent spending on political campaigns by corporations and others. Based on the United decision, it allowed the United States Constitution to avoid First Amendment challenges. group.
At Friday’s public meeting, where city councilors will consider Tuesday’s agenda, outgoing City Councilman Brian Frye asked whether a public emergency really exists and why the City Council was trying to make changes until now. questioned.
“There’s a lot of talk on social media about how they should be allowed to consider this issue because it could affect the next council. By rushing forward, they don’t have that opportunity. I can’t give it to you,” Frye said.
“When you think of a public emergency, you think of public health and public safety. In my opinion, this does not fit that definition.”
Councilman Mike Hoheisel said Frye’s taking up the ordinance rather than waiting for it “has more to do with getting the job done by this council than letting the next council carry out the ordinance.” Ta.
Whipple told Frye that a state of emergency exists because some people have already announced activities for the next election cycle. Waiting to take action gives these candidates the opportunity to “put together a check and put it in their own account,” and other candidates who may not understand the intricacies of campaign finance law. He said that would put them at a disadvantage in the election campaign.
“Every year there’s new financial timing, which means everything gets reset every year,” Whipple said.
Frye argued that rushing to pass the ordinance and enforcing it without public workshops or the involvement of the city’s Neighborhood Advisory Committee “feels like a lack of transparency.” He noted that there were “multiple opportunities for public engagement” before the City Council approved the latest police contract, and also sought input from the District Advisory Committee on Tuesday on the proposed retaliatory eviction ordinance being considered. Ta.
“I’m not defending the practice of bundling checks. I’m just wondering why we’re in such a hurry when we should be discussing this more publicly,” Fry said. Ta.
Whipple said such an opinion is not needed because the campaign finance ordinance only applies to candidates. He said public debate should target people who participate in public programs and events.
“DAB (District Advisory Board) has landlords. DAB has no candidates running for office,” Whipple said. “If we actually want to make sure that the next (election) cycle is fair, that’s natural, and that’s what we’re going to do.”
Frye also pointed out that banning donations from LLCs and corporations could have legal ramifications, including free speech issues, given the Citizens United decision.
Hoheisel said the city’s legal department was reviewing multiple drafts of the ordinance, which is part of the reason it wasn’t brought to council sooner.
Check bundling could also be done with PAC donations, but Hoheisel said the proposed ordinance would not prohibit it due to legal concerns.
“This is something we thought we could pass by the end of the year, and it’s written so that if there’s an objection and a part of it is struck down, the part that was struck down will be removed,” Hoheisel said. Told. .
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