HomeMy WebLinkAboutElection Campaign Regulations Ordinance 2005 FinalLEGISLATIVE DRAFT
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Chapter 2.40
ELECTION CAMPAIGN REGULATIONS*
Sections:
2.40.010 Title.
2.40.020 Purpose and intent.
2.40.030 Definitions.
2.40.040 Campaign treasurer - Appointment required - Compliance with
provisions required.
2.40.050 Contributions.
2.40.055 Independent expenditures.
2.40.060 Election campaign accounts.
2.40.070 Campaign statements.
2.40.080 Campaign signs.
2.40.090 Responsibilities of City Clerk.
2.40.100 Criminal misdemeanor actions.
2.40.110 Civil actions.
2.40.120 Injunctive relief.
2.40.130 Cost of litigation.
2.40.140 Disqualification.
2.40.150 Construction of provisions.
2.40.160 Council study committee.
2.40.170 Expiration of provisions.
*Prior legislation: Prior code §§ 2800 - 2812, as amended by Ord. 1067 § 1,
1986, Ord. 1191 § 1, 1991, and Ord. 1254 § 1, 1994.
2.40.010 Title.
This chapter may be cited as the Election Campaign Regulations of
the City. (Ord. 1333 § 1 (part), 1998)
2.40.020 Purpose and intent.
A. It is the purpose and intent of this chapter:
1. To promote integrity, honesty and fairness in municipal election
campaigns.
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2. To ensure a level of discussion of public issues adequate for a
viable campaign by providing voters with the information necessary
to make an assessment of each candidate or measure before voting.
3. To require public disclosure of campaign contributions and
expenditures, including but not limited to, those made in support of or
in opposition to candidates or measures in municipal elections.
4. To place realistic and enforceable limits on the amounts persons
may contribute in municipal election campaigns.
5. To ensure that funds contributed to a campaign committee are
used solely for campaign purposes.
6. To allow appropriate use of signage in municipal, regional,
State and federal campaigns.
7. To provide full and fair enforcement of all the provisions of this
chapter.
B. By enacting this chapter, the Council does not intend to deprive or
restrict any citizen of the exercise of rights guaranteed under the United
States Constitution and the California Constitution. (Ord. 1333 § 1 (part),
1998)
2.40.030 Definitions.
The following words or phrases shall have the meanings as indicated
in this section when used in this chapter:
A. “Campaign statement” means a report, made on a form prescribed and
supplied by the City Clerk, which provides the information required by this
chapter of candidates and committees. Each campaign statement shall
reflect all contributions received and expenditures made through the closing
date specified in Section 2.40.070.
B. “Campaign treasurer” means the duly appointed representative
responsible for financial accounting and reporting as required by this
chapter. A committee may have only one campaign treasurer and one
assistant treasurer.
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C. “Candidate” means any individual listed on the ballot for election to
or recall from any City office, or who has otherwise taken action to seek
such election to City office.
D. “Committee” means any person or combination of persons which
directly or indirectly receives contributions or makes expenditures or
contributions for the purpose of expressly advocating the election or defeat
of a clearly identified candidate(s) or for supporting or opposing the passage
of any measure(s) in the City of San Luis Obispo.
E. “Contribution”:
1. The term “contribution” includes the following:
a. A payment, loan, forgiveness of a loan, payment of a
loan by a third party, or an enforceable promise to make a
payment except to the extent that full and adequate
consideration is received, unless it is clear from the surrounding
circumstances that it is not made for campaign purposes. An
expenditure made at the behest of a candidate or committee is a
contribution to the candidate or committee, unless full and
adequate consideration is received for making the expenditure.
b. Money or property contributed by the candidate, as well
as discounts or rebates granted by television and radio stations
and newspapers which are not extended on an equal basis to all
candidates for the same office.
c. The purchase of ticket(s) for events such as dinners,
luncheons, rallies and similar fund-raising events. Contribution
reporting requirements shall apply when the total accumulative
ticket purchases by any one person exceed the limitations set
forth in Section 2.40.050(C)(3).
d. Non-monetary contributions such as art objects,
furniture, and similar items of value, or anything of value
transferred from one committee to another.
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e. The payment of compensation by any person for the
personal services or expenses of any other person, if such
services are rendered, or expenses incurred on behalf of a
candidate or committee without payment of full and adequate
consideration by the candidate or committee.
f. Funds or professional services donated to assist in
election-related litigation.
2. The term “contribution” does not include:
amounts received pursuant to an enforceable promise to
the extent such amounts have been previously reported as a
contribution. However, the fact that such amounts have been
received shall be indicated in the appropriate campaign
statement.
3. Notwithstanding the definition of “contribution” as set out in
this subsection, the term does not include volunteer personal services
or payments made by any individual for personal travel expenses, if
such payments are made voluntarily without any understanding or
agreement which shall be, directly or indirectly, repaid to the person.
F. “Election” means any general, special or recall municipal election of
the City of San Luis Obispo.
G. “Expenditure” means a payment, forgiveness of a loan, payment of a
loan by a third party, or an enforceable promise to make payment, unless it
is clear from the surrounding circumstances that it is not made for political
purposes. When expenses are incurred to support election-related litigation,
they are considered expenditures. An expenditure is made on the date the
payment is made or on the date consideration, if any, is received, whichever
is earlier.
H. “Immediate family” means a candidate’s or elected officeholder’s
spouse or domestic partner, and/or dependent children.
I. “Independent expenditure” means an expenditure made by any person
in connection with a communication which expressly advocates the election
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or defeat of a clearly identified candidate(s) or the qualification, passage, or
defeat of a clearly identified measure(s) or, taken as a whole and in context,
unambiguously urges a particular result in an election but which is not made
to or at the behest of the affected candidate or committee. (Government
Code Section 82031)
J. “Measure” means any Charter amendment or other proposition which
is submitted to a popular vote at any municipal election by the City Council,
or which is submitted or is intended to be submitted to a popular vote at a
municipal election by initiative, referendum or recall procedure whether or
not it qualifies for the ballot.
K. “Person” means an individual, proprietorship, firm, partnership, joint
venture, labor union, syndicate, business trust, company, corporation,
association, committee (including both controlled and independent
committees), and any other organization or group of persons acting in
concert. (Ord. 1407 § 1, 2002; Ord. 1333 § 1 (part), 1998)
2.40.040 Campaign treasurer - Appointment required - Compliance with
provisions required.
A. Each candidate and/or each committee shall appoint a campaign
treasurer. A candidate may serve as the campaign treasurer for his/her
campaign or for his/her committee. An assistant treasurer may also be
appointed.
B. Each campaign treasurer shall be responsible for complying with the
requirements of the California Government Code in addition to complying
with the provisions of this chapter. (Ord. 1407 § 2, 2002; Ord. 1333 § 1
(part), 1998)
2.40.050 Contributions.
A. Transmittal to Campaign Treasurer. All persons who receive
contributions on behalf of a candidate or committee shall transmit the
contributions in full to the campaign treasurer promptly, together with a list
showing the name and address of each contributor and the amount of the
contribution, subject to the exceptions provided in this section.
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B. Refusal to Accept. A candidate or a campaign treasurer shall have full
authority to refuse and to return any contribution offered, provided the
contribution is returned within 14 days of receipt.
C. Prohibitions.
1. No person other than a candidate or the candidate’s immediate
family members shall make, and no person or campaign treasurer
shall solicit or accept, any contribution which will cause the total
amount contributed by such person with respect to a single election in
support of, or in opposition to, such candidate, including contributions
to all committees supporting or opposing such candidate, to exceed
$200.
2. The above contribution limitations do not apply to committees
formed primarily to support or oppose the qualification or passage of
a ballot measure. Ballot measure committees may not make
contributions to candidates or to committees which make
contributions to candidates.
3. No person shall make a contribution for any other person under
an assumed name or under the name of any other person.
4. No candidate or committee shall retain any amount greater than
$50 from one person or source without obtaining the name, address,
and occupation of that contributor. Any anonymous contribution
greater than $50 shall be forwarded to the City Clerk and deposited in
the City’s treasury.
5. For the purposes of this section, a contribution shall be deemed
received at the time of actual receipt by the campaign treasurer.
6. No person, candidate or candidate’s committee shall make or
accept any contribution greater than $50- after 5:00 p.m., Monday, 8
days preceding the day of election, except that a candidate and/or a
candidate’s immediate family shall be permitted to make additional
contributions to the candidate or to the candidate’s committee.
7. Any contribution of $1,000 or more from a single source which
is made to or received by a committee primarily formed to support or
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oppose a ballot measure during the 16 days immediately preceding the
election at which the measure is being voted upon must be reported to
the City Clerk within 24 hours of the time it is received or contributed.
Any contribution of $100 or more from a single source which is made
to or received by a committee primarily formed to support or oppose a
ballot measure during the 8 days preceding the election at which the
measure is being voted upon must be reported to the City Clerk within
24 hours. Late contribution reports must be filed by fax, telegram,
mailgram, guaranteed overnight delivery service, or personal delivery
(not by regular mail).
8. No person shall deduct or withhold any amount or percentage
from any contribution. Any compensation provided to any person for
solicitation, collection or other service shall be treated as an election
expenditure item.
D. Aggregation of Contributions.
1. For the purposes of this section, contributions received from a
joint checking account shall be attributed to the individual who signs
the check. If two or more individuals sign the check, the contribution
is divided equally between or among the signers, unless there is an
accompanying document signed by each individual whose name is on
the check which clearly indicates a different apportionment.
2. Contributions made by two or more entities must be combined
if the same person, or a majority of the same person, directs or
controls the contributions.
3. Contributions made by entities in a parent-subsidiary
relationship and business entities with the same controlling owner
(more than 50%) must be combined unless the entities act completely
independently in their decisions to make contributions. A parent-
subsidiary relationship exists when one entity owns more than 50% of
another business entity. (Ord. 1407 § 3, 2002; Ord. 1333 § 1 (part),
1998)
2.40.055 Independent expenditures.
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A. Contribution Limitations Pertaining to a Candidate Election. Any
person who makes independent expenditures supporting or opposing a
candidate(s) shall not accept any contribution in excess of the amounts set
forth in Section 2.40.050(C).
B. Reproduction of Materials. Any person who reproduces, broadcasts or
distributes any material which is drafted, printed, prepared or previously
broadcast by a candidate(s) or a committee controlled by such candidate
shall report such an expenditure as a non-monetary contribution to such
candidate or committee.
C. Identification of Expenditures. Any person who makes independent
expenditures for or against a candidate or a ballot measure shall indicate
clearly on any material published, displayed, distributed, or broadcast the
name of the person and the fact that the material was paid for by that person.
D. Every person accepting or making contributions pertaining to
candidate elections shall comply with all of the requirements imposed on
candidates and committees by this chapter. Every person making
expenditures pertaining to candidate elections shall comply with all
reporting requirements of this chapter. (Ord. 1333 § 1 (part), 1998)
2.40.060 Election campaign accounts.
A. Candidate Intention Statement and the Campaign Bank Account.
1. Candidate Intention Statement. Any individual who intends to
be a candidate for a City elective office must file a statement of
intention to run for office prior to soliciting or receiving any
contribution or loan. Form 501 (Candidate Intention) is used to
comply with this requirement, and is filed with the City Clerk.
2. Candidate Campaign Bank Account. In addition to filing the
candidate intention statement, an individual who plans to run for a
City elective office and who plans to accept contributions and make
campaign related expenditures must set up a campaign bank account
at a financial institution with a branch located in the City of San Luis
Obispo.
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3. City ballot measure committees must set up a campaign bank
account at a financial institution with a branch located in the City of
San Luis Obispo.
B. Statement of Organization. For each campaign bank account into
which contributions totaling $1,000 are received (including the candidate’s
personal funds) or within 10 days of receiving contributions of $1,000 or
more, a recipient committee Statement of Organization (Form 410) must be
filed with the Secretary of State. A copy shall also be filed with the City
Clerk. If a recipient committee qualifies during the 16 days prior to an
election, it must file, by telegram, fax or personal delivery within 24 hours
of qualifying as a committee, the information required to be reported in the
Statement of Organization. A copy of this form shall be filed with the City
Clerk.
C. Deposit of Contributions. All campaign contributions accepted by a
campaign treasurer shall be deposited into the election campaign account by
the campaign treasurer or his/her authorized agent.
D. Expenditures. Campaign expenditures shall be made only by checks
drawn against the election campaign account by the campaign treasurer or
authorized agent, except that a candidate or committee may establish one
petty cash account.
1. No more than $100 may be in the petty cash fund at any time,
and no expenditures of more than $25 may be made from a petty cash
account. The petty cash account may be used only for expenses
associated with the candidate’s election to the specific office for
which the petty cash fund was established.
2. Petty cash or funds in the election campaign account shall not
be considered for any purpose to be personal funds of a candidate,
campaign treasurer or any other person.
E. Access to Records by City Clerk. The City Clerk shall have full
access at all reasonable hours to the bank’s records concerning all election
campaign accounts.
F. Disbursement of Unexpended Campaign Funds. If, following the
election, the final campaign statement for any committee discloses an
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unexpended campaign surplus, the campaign treasurer shall disburse the
whole of the surplus to the City and/or a nonprofit charitable organization
(qualified for federal income tax exemption) of the candidate's or campaign
treasurer’s choice. This shall be done no later than 90 days after the
election.
G. Closing of Account. No later than 90 days following the election, the
campaign treasurer shall close the election campaign account and file a State
Form 460 (Recipient Committee Campaign Statement) with the City Clerk.
The campaign treasurer shall also file a State Form 410 (Statement of
Organization – Termination).with the Secretary of State, with a copy to the
City Clerk. However, should litigation arise as a result of the conduct of
the campaign, either during the campaign period or after the conclusion of
the campaign, the account may be kept open until such litigation is finally
concluded. Within 45 days of such conclusion, a final campaign statement
shall be filed with the City Clerk.
H. Retention of Records. The campaign treasurer shall retain all
campaign statements and all other records required by this chapter for a
period of 4 years after the election. (Ord. 1407 §§ 4, 5, 6, 2002; Ord. 1333 §
1 (part), 1998)
2.40.070 Campaign statements.
A. Required Filing Schedule. Every campaign treasurer, upon receiving
or expending $100 or more, shall file with the City Clerk campaign
statements according to the following schedule:
1. State campaign statements shall be filed as required by the
provisions of the Government Code.
2. A supplemental City campaign statement shall be filed no later
than 12:00 noon, Tuesday, one week before the election. The closing
date of this statement shall be 5:00 p.m., Monday, 8 days before the
election.
B. Contents.
1. Each State campaign statement filed shall contain the
information required under the provisions of the Government Code.
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2. The supplemental City campaign statement shall consist of:
a. The name, address, occupation, and amount of the
contribution for each person who contributes greater than $50. In
addition, the name of the employer shall be provided for contributions
of $100 or greater .
b. The total amount received from all persons who each
contribute $50 or less.
c. The total expenditures made by each
committee.
C. Filing. Each document required to be filed in this chapter shall be
filed with the City Clerk during business hours, and elsewhere as may be
required by the Government Code.
D. Filing Fees. Filing fees, if any, shall be established by Council
resolution.
E. Publication. On the Saturday preceding the election, the City Clerk
shall publish in a newspaper of general circulation in the City of San Luis
Obispo within the City the following information for each committee:
1. Total receipts.
2. Total expenditures.
3. Contributions; the name of each person contributing greater
than $50
4. The notice shall report of any candidate and/or committee that
has failed to comply by the required deadline with the campaign
statement requirements pursuant to this section. (Ord. 1407 § 7, 2002;
Ord. 1333 § 1 (part), 1998)
2.40.080 Campaign signs.
A. Severability. This section is a separate and severable provision of the
election campaign regulations.
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B. Campaign Signs. Campaign signs shall not exceed three square feet
per sign in residential zones and 10 square feet per sign in nonresidential
zones, and shall be removed no later than 10 days following the election.
C. Definition. “Campaign sign” means a sign intended to draw attention
to or communicate a position on any issue, candidate, or measure in any
national, state, local, college or university campus election; the placement of
which is in conformity with Section 15.40.300 (Prohibited Signs); and which
otherwise is not subject to regulation under Chapter 15.40 (Sign
Regulations.)
D. Violation. Violation of this section shall be an infraction. (Ord. 1407 §
14, 2002)
E. Enforcement. Enforcement of this section shall be pursuant to either
Chapter 1.12 (General Penalty) or Chapter 1.24 (Administrative Code
Enforcement Procedures) of the Municipal Code.
2.40.090 Responsibilities of City Clerk.
A. Duties. In addition to any other duties required of the City Clerk under
this chapter, the City Clerk shall:
1. Prescribe and furnish, without charge, appropriate forms for all
campaign statements, documents and reports required to be filed by
this chapter.
2. Determine whether required statements and declarations have
been filed and, if so, whether they conform on their face with the
requirements of this chapter.
3. Promptly notify all persons who have failed to file a statement
in the form and at the time required by this chapter.
4. Report, in writing, apparent violations of this chapter to the
City Attorney.
5. Place a timely advertisement(s) in a newspaper of general
circulation in the City of San Luis Obispo advising the public that a
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person(s) supporting or opposing a candidate(s) or a measure(s)
through newspaper or other advertisements may be subject to City
reporting requirements.
6. Compile and maintain a current log of all filed statements
pertaining to each reporting committee.
7. Provide an appropriate form, and prescribe a date for
submission, which allows any candidate to file a 200-word ballot
statement of qualifications and/or description of his/her stand on
issues. Such statement shall be on a form provided by the City Clerk
in accordance with any other provision as set forth by Elections Code
Section 13307 et seq.
B. Additional Help or Services. The City Clerk is authorized and directed
to hire part-time help, contract for services, and purchase supplies as the
City Clerk deems necessary to carry out the additional duties imposed on the
City Clerk’s office by this chapter. Within 90 days after each election, the
City Clerk shall provide the Council with a detailed report of the total direct
and indirect labor, materials and other costs incurred by the City Clerk’s
office in performing such additional duties. (Ord. 1407 § 8, 2002; Ord. 1333
§ 1 (part), 1998)
2.40.100 Criminal misdemeanor actions.
Any person who violates any provision of this chapter is guilty of a
misdemeanor. Any person who causes any other person to violate any
provision of this chapter, or who aids and abets any other person in the
violation of any provision of this chapter, shall be liable under the provisions
of this section. (Ord. 1333 § 1 (part), 1998)
2.40.110 Civil actions.
A. Any person who intentionally or negligently violates any provision of
this chapter shall be liable in a civil action brought by the City Attorney or
by a person residing within the City for an amount not more than three times
the amount of the unlawful contribution or expenditure.
B. If any person files an original City campaign statement after any
deadline imposed by this chapter, he or she shall pay, in addition to any
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other penalties provided for under this chapter, the sum of $100 per day after
the deadline until the statement or report is filed. Liability may not be
enforced if, on an impartial basis, the City Clerk determines that the late
filing was not willful and that enforcement of the liability will not further the
purposes of this chapter. Liability shall not be waived if the supplemental
City campaign statement is not filed within 5 days, of the deadline after the
City Clerk has sent specific written notice of the filing requirement. In
addition, the City Clerk may assess any applicable fines in accordance with
State law.
C. If two or more persons are responsible for any violation, they shall be
jointly and severally liable.
D. Any person, before filing a civil action pursuant to this section, shall
first file with the City Attorney a written request for the City Attorney to
commence the action. The request shall contain a statement of the grounds
for believing a cause of action exists. The City Attorney shall respond within
10 days after receipt of the request indicating whether he or she intends to
file a civil action. If the City Attorney indicates in the affirmative and files a
suit within 30 days thereafter, no other action may be brought unless the
action by the City Attorney is dismissed without prejudice.
E. In determining the amount of liability, the court may take into account
the seriousness of the violation and the degree of culpability of the
defendant. If a judgment is entered against the defendant or defendants in an
action, the plaintiff shall receive 50% of the amount recovered. The
remaining 50% shall be deposited into the City treasury. In an action brought
by the City Attorney, the entire amount shall be paid to the City treasury.
F. No civil action alleging a violation of any provision of this chapter
shall be filed more than 4 years after the date the violation occurred. (Ord.
1407 § 9, 2002; Ord. 1333 § 1 (part), 1998)
2.40.120 Injunctive relief.
The City Attorney or any person residing in the City may sue for
injunctive relief to enjoin violations or to compel compliance with the
provisions of this chapter. (Ord. 1333 § 1 (part), 1998)
2.40.130 Cost of litigation.
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The court may award to a plaintiff or defendant who prevails in any
action authorized by this chapter his or her costs of litigation, including
reasonable attorneys’ fees; provided, however, no costs of litigation or
attorneys’ fees shall be awarded against the City. (Ord. 1333 § 1 (part),
1998)
2.40.140 Disqualification.
In addition to any other penalties prescribed by law, if an official
receives a contribution in violation of this chapter, the official shall not be
permitted to make, participate in making or in any way attempt to use his or
her official position to influence a governmental decision in which the
contributor has a financial interest. The provisions of Government Code
Section 87100 et seq. and the regulations of the Fair Political Practices
Commission shall apply to interpretations of this section. (Ord. 1333 § 1
(part), 1998)
2.40.150 Construction of provisions.
A. This chapter shall be in addition to all other City and State laws
applicable to municipal elections. Unless the contrary is stated or clearly
appears from the context, the definitions and terms set forth in the
Government Code shall govern the interpretations of terms used in this
chapter. This chapter shall be construed liberally in order to effectuate its
purposes.
B. If any provision of this chapter, or the application thereof to any
person or circumstance, is held invalid, the validity of the remainder of the
chapter and the applicability of such provision to other persons and
circumstances shall not be affected thereby. (Ord. 1333 § 1 (part), 1998)
2.40.160 Council study committee.
A. Appointment. At least 9 months prior to the expiration of this chapter,
the Council shall appoint a committee of at least 5 citizens to study the
efficacy of this chapter. The committee shall complete its deliberations and
report its findings to the City Council on or before January 31, 2010. (Ord.
1407 § 10, 2002: Ord. 1333 § 1 (part), 1998)
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2.40.170 Expiration of provisions.
Unless readopted, this chapter shall expire on June 30, 2010. (Ord.
1407 § 11, 2002: Ord. 1333 § 1 (part), 1998)
(Moved to subsection 2.40.080.)