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87-1040 �Ci rr CLERK FINANCE D&7ARTMENT GITY OF SAINT PAUL Council � ? � l,Q �/� � 9 MAVOR File N . � Ordindnce Ordinance N�. Presented By ` !vU�--- R red To Committee: Date Out of Committee By Date An ordinance amending the Saint Paul Administrative Code by adding a new Chapter 111 , creating an Elections Board. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 . That the Saint Paul Administrative Code be and the same is hereby amended by adding a new Chapter 1101 to read as follows : "CHAPTER 111 . ELECTIONS BOARD. 111.QJ1. Created. There is hereby created a St. Paul Elections Board. The board shall consist of five members , who shall serve without compensation , appointed by the mayor with the consent of the city council. Initially, two members shall be appointed for a term of three years each, two members shall be appointed for a term of two years each and one member shall be appointed for a term of one year. Thereafter, members' terms shall be for three years until their successors are appointed and qualify. COUNCILMFN Requested by Department of: Yeas Nays Drew N��os�e [n Favor — Rettman s�ne�bai Against BY Sonnen Tedesco Wilson Form Approved by City Attorney Adopted by Council: Date �� � /� Certified Passed by Council Secretary BY� l�` i%�•(-�C �:31�� � By Approved by Mayor: Date Approved by Mayor for Submission to Council By By . . � � �_fa �� � � , � . � ,y�� No member of the board dur ing hi s or her term shall : ( 1) hold or campaign for elective office; (2) be an officer of any political party, political committee or personal campaign committee; (3) permit his or her name to be used to or make contributions in support of or opposition to any city candidate or proposition; (4 ) participate in any election campaign. 111.02. Rules. At its first meeting the board shall elect from among its members a chair, vice-chair, and secretary. The secretary shall keep a recorc3 of all proceedings and ac tions by the board . Meetings of the board shall be at the call of the chair or at the call of any three m embers of the board acting together. The affirm ative vote of at least three members of the board shall be required to decide any matter before the board. The rules of parl iamentary practice embraced in Robert's Rules of Order shall govern the board on any question or point of order not contained in this chapter or rules adopted by the board. 111.03. Vacancy. A vacancy on the board shall be filled as soon as possible pursuant to the provisions of Saint Paul Administrative Code Chapter A-14. A successor shall serve for the remaining term of the predecessor. A vacancy shall not im pair the po wers of the remaining members to exercise all of the powers and perform all the duties granted to the board . 111 . 0�4. Powers and Duties. (1) The board shall with the approval of the city council adopt, prom ulgate, am end, and rescind suitable administrative rules and regulations to carry out the policies and purposes of this chapter . 2 � , . . � ��--��-���a . , � . �y.�o,� (2) The board may require that forms be developed and prepared for the complaints required by this chapter. The city clerk shall assist the board in developing and preparing said forms. (3) In cooperation with the city clerk's office, the board shall compile and maintain a current list of all reports and statem ents filed pursuant to chapter 28 of the St. Paul Legislative Code. (4) The board shall investigate whether statements and reports have been filed within the times required by chapter 28 of the St. Paul Legislative Code. (5) The board shall review reports for completeness and internal consistency and independently verify entries on cam paign disclosure reports and other forms on an arithmetically randomly selected basis. (6) The board shall make ongoing reviews of and, where appropriate , recommend to the city council amendments to ordinances relating to election regulations. (7) Pursuant to St. Paul Legislative Code Section 28.013, Subd. 4 (7) , the board shall have the authority to exempt any individual , political parties, political committees, and personal campaign committees from the filing requirements of St. Paul Legislative Code Section 28. 03 , Subd . 4. 111.05. Complaint and Hearings. Subdivision 1. Filing. Any resident of the city may file with the board a com plaint, under oath, alleqing a violation of chapter 28 of the St. Paul Legislative Code. 3 . - ` . . � �;_ jr��v � . � /�.��� Upon receipt of such complaint, the board shall conduct a preliminary investigation. Upon completion of that investigation, if the board determines that there are no reasonable grounds to believe that a violation has occurred, it shall dismiss the com plaint; otherwise, the board shall refer the com plaint for a hearing as set forth in this section. Subd. 2. Procedure. The board shall conduct a hearing on each com plaint not previously dismissed and shall rule thereon; provided such hearing shall be held and rulings made within ten days following the date a complaint is referred or within half the time from the date the complaint is referred to it to the date of the election, whichever is less. The chair of the board may obtain subopenas from the district court to compel the attendance of witnesses and the production of documents at any hearinq. Upon com pletion of a hearing the board shall , within 72 hours, issue a written determination stating whether there has been a violation of law and a statement setting forth the facts and provisions of la w upon which the determination is based; provided , however, that where a complaint relates to an election to be held within seven days of the filing of the complaint, the board shall make a written determination within forty-eight hours of the com pletion of the hearing. Upon determination of a violation of chapter 28 of the Legislative Code, the board shall issue along with its findings a disposition which m ay include, but not be limited to: (1) a public admonition or reprimand; (2) A reprimand and assessment of costs , including reasonable attorneys' fees and expenses incurred in conducting an investigation and holding a hearing; (3) referral of the complaint for civil or criminal prosecution to the appropriate authority. 4 WHITE — CITV CLERK P�NK — FINANCE COUIICII '/ CANARV � DE�PARTMENT CITY OF SAINT PAUL File NO• � �_ /� ` � Blb�E � =-MAVOR . . � Ord�nance Ordinance 1�0. /`�� Presented By Referred To Committee: Date Out of Committee By Date Where it makes specific written findings that a complaint has been made in bad faith or is frivolous or is brought for vexatious reasons or substantially for the purpose of harassment, the board may require the complainant to pay all costs and expenses incurred by the board and any other party aggrieved by the filing of the complaint. 111.Q�6. Policy. It is the intent of the council that this chapter be interpreted and applied consistent with Minnesota Statutes Chapter 645." Section 2. This ordinance shall be in force and take effect thirty (3�1) days from and after its passage, approval and publication. COUNCILMFN Requested by Department of: Yeas Nays Drew � _ Nicosia [n Favor Rettman /.� Sc,��� U Against BY -Teee�.� lt1�f1T,9- wilson Adopted by Council: Date �C'T ' `� 19�7 Form Approved by City Attorney Certifie ssed by Council S cretar ByJ�— � ` `���""' "r"'�— � ��/v � B � Approv Mayor: Date C� 2 � Approved by Mayar for Submission to Council By By p�{� 0 C T 2 4 1987 � " �� � , c, �����`" ��: :� �� �� � Zna: � �_ ��-�1 e.-:sr, / � �. _ . � ? . �, . .. , . � � 3i� ,�"- �`�7- � Ad� a --�.---- � ' ,.._,.�, f '.� Nays `�? • Yeas i ` � �G E. �: . D� �, ;�, �,7_�Q .. . � � ' i �� � , jt� NICOSIA �7��� RETTMAI�t SCHEIBEL � SONNEN WILSON GcJ�<�'�-' GO . � t ' . ,. , � __�_._.�_� _ �.._...... -_....�.�... - , �'\ . _ . . � . . .. _ ... � . . � � . n . �� . . . � �. .. �. . . . ' , . . , . ' , . �� � / _ . � • `` _---''' " ._ ��W►NTE - CPTV CLERK ,• PIM'R - FINANCE ` � _ CAN�RV - D&PAR ENT CITY OF SAINT PAUL F1eC1�N0. �7 ��`�� � � B�UE -MAVOR , � , . Ordindnce Ordinance N 0. -- Presented By -��JU1J— �, UZ—'� Referr To Committee: Date Out of ommittee By Date _ . _ An ordinance a ending the Saint Paul Administrative ode by adding a new Chapter 11�, cre ing an Ethical Practices Board. THE COUNCIL OF THE CITY OF SAINT P L DOES 0 IN: Section 1. That the Saint Paul Administrati Code be and the same is hereby amended by adding a new Chapter �1 to read as follows: "EHAPTER 1��: ETH��CAL PRAGT�C BOA D�: ���.�1, Created� 'Fhe is �ere ereated a St. �ati� �t�iiea� ��aetiees Boar- � The boa d s�all consist o� f�:ve �ne�nbers who shall serve withou compensation, to be appoi�ted � the m y°r with the onsent of the cit� eouncil. Initi 1� two me�nb rs sha�l be appointed for a term o three ey ars .each, two members shall be appointed fo a term of two ea s each, and one_ member shall be ointed for a term f one year• 'Fhereafter, members' er�ns shall be for thre ey ars and t�nti� their st�eeess s are appointed and ua �f . COUNCILMEN Requested by Department of: Yeas Nays • Orew Nicosia ln Favor Rettman Scheibel Against BY Sonnen Tedesco Wilson Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary By �G�2- �. ��p-�.l�-- 7'�"��� By Approved by Mayor: Date Approved by Mayor for Submission to Council � By By �� C'L�1lk ?.' .'�•'PJ4'� . '�,_ . . � ' ':. '� ���: . `�'. --�' r -. �� " `� ' ; .. . yx PI ^w�F`�-��NC�E � ` Q e� ._C�W1QClt^:- ^' "j�� • � . BISU£�Y _D�ART ENT, • �G::�'Y'. _� V���J. P�� .F�lE' N'V. .�_J �'T'I`'?��F'rv�},"`•.�,. `..l«tk'YOR� . ,�� . . . . . . . . . . . . . ... .. .. . . . :' � < �� ��rdind�ce ��nc�N�..: }s: :� �� =� k a t . . �^I . f: . . . . . . .. : Y �"''S, Presented By ��; �. `,-�-- , �! � � 5 x s - x *�: ♦4 � . .�� . � � . . � . :._` t�3+r'+�ytr L.'?'t..��E�, ' .. ,.�5 Referr Tb Committee: Dat� ` � , Out of mmittee 8y Date , �,� _ >�, , � �y � i'iZ1��RiRC� ��� L�! �i��t ��Il� r �►ds�aistsatit�+e bj ad�io� a �r ; ��tss 11l, cz ��g aw �t�i�tl . �s��tt�s �aa�d. T#t� E�E#HCI G A� ��E +Ci�'�[ 4�' SA�1��` �+ P�� O Il�� .,,,;-.�-_. � �k��l�� � � �`bst tk+� �aiot �a�et �d�iots�tta� Ce�1e Ih�r aa4 !!ss �s� ia � �e� �d 3� a�Miwg �s �aNr CAap�� ' li to rsa� aus latlo�ea� "��� 1"1.�: �"�,�,..��.. t/Gl��� 8t3 , � 3 �.l2. Cs�ated. '��rs ia b�t� csfat � � S�t. �, �ia2 �+�2 its��i �s �� i�w�►�cais�` _ ��`� ��s ts o s�a a�s�ra •i� . ��t�rs�c o�, � . t� �1t_i b 11t . ���3ia Aa : �s • ��t �l1�r !�l���+4g�.�.�t�i� �� f'rr`�I►-�Ai"�Fi � �A�L1a � E.�O �la� �• � t1i,��R.! - ° s �c�r os, a t+�=■ o �z�s i s sa� t.�.�,o. �� �, `- : ; : s_�: .,,� a iotT�o � tiia��_;�o �a • �,_,�.�t, a,,,�,,, ' �s �'s�s s ,,,,r a�""�+c �s a t��:� � 'sas..,. �s�a�t,�s ��_ �t�s 1 �s�o=�� sa� � ��„t"'�,�,� a��rssQSS � a�`�a�� !t ��,..." Y. 1 . _ . � . . ,�y - . . � �' . . . ., . -. � . . . �� i. .. . . , �Y � � � � � 1 . . . . . � � . ..�rf R . . ':' . . . � : . : . ... . . . - .. ' � �i , . COUNCILMFN Requested by Department oE: Yeas Nays Drew _ -- N;�o�;e In Favor Rettman " s�n.�bei A ainst BY _ Sonnen g Tedesco Wilson " . Form Approved by City Attorney �Adopted by Council: Date �, • Certif�eil=Passed by Council Secretary `. BY ' . By � .:.Approved by Mayor: Date Apprvved by Mayor for Submission to Council _ .�. By By � . , . . . ; . . _..�. :. . _ _ - -:.,. _. . . .� . _ ,.. . _ : <. _ .� . ; �� . . . , , �`:� r�._� �r,lr"/," , � � �.� � i . No member of the board during his or he term shall : � (1) hold or campaign for elective office; (�) be an officer of a� political art political committee or personal campaign commit ee; (3) �ermit his or her name to be us d to or make contributions in support of or op osition to a� ca�didate or proposition; (4) partieipate in a� eleetion cam ai n. ll �.f�2. Rules. At its firs meetin the board shall elect from amon its member a chair, vice-ch'air, and secretary. The secretary all keep a record of all proceedings and actions � e board. � Meetings of the board s 11 be at the call of the chair or at the call of a� hree members of the�board act ng together . The concurring vote f at least three members of the board shall be re uir d to cieciae an matter before the board. '1'he rules of par iamentary �ractice embraced in Robert's Rules of Or 'er shal l c�overr� the board on a� –r— --- -- – �uestion or point of order not contained in this chapter or rules ad ted � the boarci. � 11�.�J3. Vaca c . A vacancy on the board shall be filled as soon a possible �ursuant to the provisions of Saint �aul dministrative Code Chapter A=14. A successor shal serve for the rei�aining term of the predecessor. vacancy shall not impair the powers of the remain n members to exercise all of the powers and perform all he duties granted to the board. llg. � . Powers and Duties. (1) ;% The board shall with the a proval of the ci� council ado t, promulgate, amend, and rescind suitable administrative rules and regulat o s to carr out the policies and purposes of this chapter. . ' ' � ` � � � , � \.�' �'� ����f'' . .� (2) The board m� require that forms be a velo ec7 and pre�ared for the complaints re ired by this chapter. The ci� clerk sha 1 assist the board in aeveloping and prep ring�said forms. �� —� — �+ {3) In cooperation with the citY cle k's office, the board shall comgile and maintain a current list of all reports an statements £iled ursuant to chapter 28 o the St. Paul Legislat�i e Coc�e. '� — (4) The boarci shall investi ate whether statements and reports have b en filed within the times re uired by chap er 28 of the St. Paul Legislative Code. ~ � (5) The board shall rev ' ew reports for completeness and intern 1 consistency and independently verify e tries on cam aign disclosure reports an other forms on an arithmetically randomi selected basis. � (6) The board shall make ngoing reviews of and, where appro�riate, recommenci to the city council amendments o ordinances relating to ele—c on anc7 ethica coc�e regulations. � ( 7) The board m� iv aavisory opinions. (8) �ursuant to St. aul Legislative Code Section �8.�3, Subd, 4 ) , the board shall hav� the authority to e empt any indivic�ual, political parties, poli ical committees, and personal cam�ai �n c_mmittees from the fi— 1 g requiremen of St. Paul Legislative Gode Secti n 28. 3, Subd. 4. — 11�.�5. Compl int and Hearings. 5ubdivision Filin . A� person of the ci� m� file with e board a complai.nt, under oath, alleging a viol ion of chapters 24 or 25 of the 5aint Paul Administr tive Code and chapters 28 or 29 of the 5t. Paul Legis ative Code. � ~ ~ %' 3 , •. � . .. ; . � � , _��"�. f���-. , . . . ,�i ,��_._� �� U�on recei t of such complaint, the board hall conduct a preliminary investigation. Upon com etion of that inves gat n, if the board determin s that there are no reasonable grounds to believe that a vi lo ation has oceurred, it shall dismiss the c mplaint•, otherwise, the board shall refer the compl int for a hearing as set forth in this section. � 5ubd. 2. Procedure. The board shal conduct a hearing on each com laint not previously ismissed and shall rule thereon; provided such heari.ng sha11 be held and rul ni gs made within ten da�s follow n� the date a complaint is referred or within half th time from the date the complaint is referred to it t the date of the election, whichever is less. ' � ~ The chair of the board m� obt in subopenas from the district court to com�el e attendance of witnesses and the �roduction o documents at a� hearing. Upon completion of a hea in the board shall, within 72 hours, issue a writt n determination stating whether there has been a violation of 1aw and a statement setting forth the f cts and provisions of law upon which the determina ion is based; provided, however, that where a comp int relates to an election to be held within seven da�s of the filing of the com laint, the board shal make a written determination thin fort r�-eig th hou s of the completion of the hearing. � �- — -- Upon c7eterminatio of a violation of chapter �4 or 25 of the Administra ive Code or chapter �8 or �9 of the Legislative Code the board shallissue along with its findi�gs a disp sition which may in�de, but not be limited tos y + (1) a ublic admonition or reprimand; ( 2) A rep imand and assessment of costs , - --- ----- --- i.nclu in� reasonable attorneys'- fees anc7 expe ses incurred in-conduct g an inve ti ation and holding a hearing; r ( 3) referral of the complaint for civil or criminal prosecution to the appropriate authority. 4 � t . . l. . . ,� . +iHITE - f�ITY CLERK �INK - FINANCE ' GITY OF SAINT PAUL Council � CANARV - DEPARTMENT Flle NO. ��_/D�O SIUE -MAVOR , . . Ordin�nce Ordinance N�. Presented By Referred To Committee: Date Out of Committee By Date Where it make specific written fin n s that a com laint has been de in bad faith or is rivolous or is brought for vexat ous reasons or subs antiall for the purpose of harass ent, the board m require the complainant to �a� all costs and ex e es incurred � the board and a�other art a riev d � the filing of the complaint. 110.�6. Policy• It i the in ent of the council that this chapter be inter r ted a d applied consistent with Minnesota Statutes Chap er 45." Section This ordinance shall take eff ct and be in force thirty (30) days from and af ter its passag e, pro al and publication. COUNCILMEN Requested by Department of: Yeas Nays Drew Nicosia ln Favor — Rettman Scheibel Against BY Sonnen '�'sd�est.�e[f/�1�� Wilson ; Adopted by Council: Date Form Approved by City Attorney B `.�G.LtsZ. �� `��� 7- /'—�'7 Certified Passed by Council Secretary Y By Approved by Mayor: Date Approved by Mayor for Submission to Council By By CITY OF SAINT �AUL Council File N 0. �7 �f D�� Ordindnce Ordinance r10. .��cea By ..,�..`,� R f red To Committee: Date Out of Committee By Date An ordinance amending Chapter 28 of the St. Paul Legislative Code, pertaining to election campaign contributions and reporting THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 . That Section 28.01 of the St. Paul Leg islative Code be and the same hereby is amended to read as follows: "28. �1 . Definitions. Subdivision l . Terms. For the purposes of this chapter , the terms defined in this section shall have the meanings ascribed to them: 5���: �T ='6a�d��a�e'-' �ea�s a�� }�d}����ta� w�e seel�s e�ee�}e� �e a�� g����e e�€�eeT as �e�e�� de���e�T A� }�d��}��a� s�ia�� �e dee�e� �e seel� e�ee�}e� }� ��a� }�d��r}dt�a� �as �e�e a�� e� ��e �e��ew���+ {�} �al�e� ��e ae��e� �eeessa�y t���e� ��e �aws e� ��e s�a�e e� P4}��ese�a a�d ��e e��� e� Sa��� ga�� �e ��a���� �e� e�ee�}e� �a g���}e e���eefi ��} g���}e�� dee�a�ed a� ���e�� e� �es��e �e seel� e�ee��e� �e s�e� g���}e e�€�ee} e� COUNCILMEN Yeas Nays Requested by Department of: Drew Nicosia [n Favor — Rettman s�ne�bei A ainst BY Sonnen g Tedesco Wilson / Form Approved by City Attorney Adopted by Council: Date — �, ��t',�c�./� �-3/-�7 Certified Passed by Council Secretary BY �f,�'u'e- By Approved by Mayor: Date Appro by Mayor for Sub i i n to Counci! By , . � � � e'�-Ia�/ . � � o r�da�, _ _ . _ _ _ _ _ _ _ _ _ �3} �eee��*ed ee���}����e�s e� $�� e� �ae�e: �xade e�ge�d����es e� $��� e� �e�er e� �ias ���*e� ee�se��r }x����e}� e� e����e��T �e� a�� e��ie� _ _ _ �e�se� �e �eee}$e ee���}���}e�s e� $�g e� �ae�e e� _ x�al�e e��e�d����es e� $�f�� e� x�e�eT w��� a �*�ew �e ��}����� a�et�� ��s e�ee��e� �e a �����e e��}ee: Subd. 2. "Candidate" means � individual for whom it is contemplated or desired that votes may be cast at any prima� or election, and who either tacitly or expressly consents to be so considered. An individual shall be deemed to seek nomination for election if he or she has taken the action necessary to c�ualify himself or herself for nomination of election, has received contri— b ons or made expenditures in excess of $100 , or has iven his or her implicit or explicit consent for any other erson to receive contributions or make expenditures in excess of $1P1(�, for the purpose of bringing about his or her nomination or election. Subd. 3. "Contribution" means a transfer of funds or a donation in kind. ��} a g���T st��se�}�a��e�T �a��e��T ��edger �ea�T ad�aa�eeT ��a�s�e�T ee��*e�a�ee e� deges�� e� a�� _ ��e�e���T se��a}eesT �e�e� e� e��e� ��i��� e� �aa��eT ��e��d��� ��el�e�s �e ���d �a�s��� e�e��sT �aade �e _ _ a ea����a�eT ea�d�ea�e!s �e��ese��a���e e� age��T �e�se� e� ge����ea� eex�x����ee �e� ��e ����ese e� _ _ ��€��e�e��Q e� ass}s���� ��e e�ee��e� e� a ea�d}da�e �e g����e e���ee e� �e� ��e ���gese e� ����ae�e� �� e� ass}s�}�g a ge�}�}e� �e� _ }���}a���aeT �e�e�e�d�� e� �eea��� e� _ . . _ . ��} a ee���ae� s� a��ee�e��T e���ess e� �x����edr w�e��e� e� �e� �ega��y e��e�eea��e� �e �a�e a ee��������e� €e� s�e�i g�t��eses} e� �3} a ��a�s�e� e€ ���ds �e a �e����ea� ee�x�}��ee ��ex� a�e��ie� �e���}ea� eex��x���ee e� e��ie� se��eefi e� �4} ��e �a��e�� e� ee�i�e�sa��e� �e� ��e �e�se�a� se���ees e� a�e��e� �e�se� w��e� a�e �e��e�e� �e a ea�d��a�e s� ge����ea� ee�x����ee �e }���t�e�ee ��ie e�ee��e� e� a ea�d�da�e �e g����e e���ee �� a�� ge�se� e��e� ��a� ��a� ea�d��a�e e� ge����ea� ee�����eet ��� 2 � � • � �'� _ /�%-�� . ' � y � l?'.�r`o� {y} �ees �e� ��e��de se��r}ees �a�e�r}�e� w���s�� ee�a�e�sa��e� �� ��d���dt�a�s �e����ee���g ��e�� ��x�e e� �e�a�� e€ a ea����a�e e� ge����ea� ee��}��eeT e� ee�ae�aQe ��e�*�ded �� ��e �ews �e�}a w���e ae���g }� ��e e�d}�a�� ee��se e�' ��ie ��s}�ess e� �tt���s���g e� ��eadeas���g �ews ��e�sr ed}�e��a�s e� e��e� ee�xae��sT Contribution includes � loan or advance of credit to a political commit eee, party comm�ttee or personal campaign committee, which loan or advance of credit is (a) forgiven, or (b) paid � an ent ty other than the � olitical committee , � e � � � �ea � � t� � � r or g���e�ga�personal campaign committee to which the loan or advance of credit is made. If an advance of credit or a loan is forgiven or paid as provided in this subdivision, it is a contribution in the year in which the loan or advance of credit is made. A contribution made for the purpose of defeating a candidate is considered made for the purpose of --------- -- ---------- .---- --- ------- -- influencin� the nomination or election of that candidate or � opponent of that candidate. Contribution does not include services provided without compensation by an individual volunteerin� g his time on behalf of a candidate, ballot �uestion, pol tical com mittee, personal campai�n committee or the publishing or broadcasting of news items or editorial comments by the news media. Subd.3a. "Donation in kind" means anything of value other than money or negotiable i struments given by an individual or association to a political com mittee, �e���}ea� €���T e� g���e��aa�or personal campa�gn committee for the up rpose of influencing the nomination or election of a candidate or for the purpose of promoting or defeating a ballot question. Donat n n kind includes an approved expenditure. Subd. 4. "Depository" means any bank, savings and loan association or credit union, organized under federal or state law and transacting business within Minnesota . Subd. 5. "Election" means (1) a general , special , primary or runoff election; or (2) a convention or caucus of a political party held to nominate a candidate . 3