O2270f:\atty\mun i\laws\mjm\Campaig nContributionsOrd0909082d
City Council Meeting: September 9, 2008 Santa Monica, California
ORDINANCE NUMBER 2270 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING MUNICIPAL CODE PROVISIONS REGULATING
CAMPAIGN CONTRIBUTIONS
WHEREAS, Santa Monica is a relatively small city with a strong sense of
community and robust tradition of resident participation in local government; and
WHEREAS, in recent elections, very wealthy entities and interests have
threatened to dominate local elections through very large, last minute contributions and
expenditures; and
WHEREAS, local law limits. contributions and does not limit expenditures, but
recent court decisions blur the line between the two, particularly with regard to
independent committees; and
WHEREAS, the City is committed to both respecting constitutional rights. of
individuals and minimizing the risk that local elections will be dominated by wealthy
special interests; and
WHEREAS, the City Council wishes to clarify its intent to respect rights of
association and free speech and to regulate contributions to the full extent allowed by
law.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 11.04.030 is hereby
amended to read as follows:
11.04.030 Findings and purpose.
(a) Monetary contributions to political campaigns
are a legitimate form of participation in the American political
process, but the financial strength of certain individuals or
organizations should not permit them to exercise a
disproportionate or controlling influence on the election of
candidates.
(b) The rapidly increasing costs of political
campaigns have forced many candidates to raise larger and
larger percentages of money from interest groups with a
specific financial stake in matters before City governmental
bodies. This has caused the public perception that votes are
being improperly influenced by monetary contributions: This
perception is undermining the credibility and integrity of the
governmental process.
(c) Officeholders are responding to high campaign
costs by raising ever-increasing amounts of money. This
fundraising distracts public officeholders .from important
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public matters and encourages contributions which may
have the appearance of a corrupting influence.
(d) High campaign costs discourage community
members from running for public office because newcomers
to the political process may lack access. to the financial
resources necessary to wage effective campaigns.
(e) Limiting campaign contributions helps ensure
equal opportunities for all candidates, promotes diversity
among candidates and strengthens the community's trust
that their government is representative:
(f) Limiting contributions to candidates and
committees, to the full extent allowed by law, helps promote
participation in government and trust that the democratic
process is not subverted by affluent special interest groups.
(g) Powerful special interests in Santa Monica
have, in past elections, sought to use their wealth to
dominate election results.
(h) .Santa Monica can best preserve its sense of
community, safeguard its local democracy, and effectuate its
commitment to fair public process by limiting all campaign
contributions.
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(i) By enacting this. Chapter, the City Council
seeks: to ensure that individuals and interest groups in our
society have a fair and- equal opportunity to participate in the
elective and governmental processes; to reduce the
influence of large contributors with a specific financial stake
in matters before City governmental bodies; to curtail overall
expenditures in campaigns; to reduce the excessive
fundraising advantage of incumbents and thus encourage
competition for elective office; to improve the disclosure of
contribution sources in reasonable and effective .ways; and
to help restore public trust in governmental and electoral
institutions. (Prior code' § 11201; added by Ord. No.
1630CCS § 1, adopted 6/9/92)
SECTION 2. Santa Monica Municipal Code Section 11.04.050 is hereby
amended to read as follows:
11.04.050 Limitations on contributions from
persons.
(a) No person shall make to any candidate for
office or to the controlled committee of such a candidate or
to any committee which supports or opposes such
candidate, a contribution or contributions totaling more than
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two hundred fifty dollars for each election in which the
candidate was on, is on, or is likely to be on the ballot or in
which the candidate sought or seeks write-in votes.
(b) No candidate for office or the controlled
committee of such a candidate or any committee which
supports or opposes such candidate shall accept from any
person a contribution or contributions totaling more. than two
hundred fifty dollars for each election. (Prior code § 11203;
added by Ord. No. 1630CCS § 1, adopted 6/9/92)
(c) This. section shall not be interpreted or applied
to violate the right of association or the right to express
views through expenditures. Rather, it is intended to be and
shall be applied solely as a limit on campaign contributions
to individuals and committees.
SECTION 3. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such.
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 4. If any .section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such .decision shall not affect the validity of the
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remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
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APPROVED AS TO FORM:
Approved and adopted this 16th day of September, 2008.
o~/~~
' erb Katz, t~layor~ '
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2270 (CCS) had its introduction on July 23~d, 2008, and was
adopted at the Santa Monica City Council meeting held on September 16~h, 2008, by the
following vote:
Ayes: Council members: Genser, Holbrook, McKeown, O'Connor, Shriver
Mayor Katz, Mayor Pro Tem Bloom
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: None
A summary of Ordinance No. 2270 (CCS) was duly published pursuant to California
Government Code Section 40806.
ATTEST:
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Maria Stewart, City erk