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CA:RMM:ct447/hpc
city Council Meeting 7-24-90
Santa Monica, California
STAFF REPORT
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TO:
Mayor and city council
FROM:
city Attorney
SUBJECT:
Ordinance Amending Santa Monica Municipal Code
section 11209 Relating to Limitations on
Election contributions
At its meeting on May 29, 1990, the City Council directed
the city Attorney to prepare an ordinance amending the City's
Election Code relating to campaign contributions and disclosure
requirements.
In response to that direction, the accompanying
ordinance has been prepared and is presented to the city Council
for its consideration.
The accompanying ordinance amends Municipal Code section
11209, uLimi tations on Contributions." Currently, this section
provides that no person may contribute nor candidate accept any
contribution to a campaign of a candidate that will cause the
total amount contributed by a person to exceed two (2) cents
multiplied by the voting age population (which works out to just
under $1,500.00). The accompanying ordinance reduces the total
amount which may be contributed to a candidate to Two Hundred
Fifty Dollars ($250.00) per person.
This Section has also been modified to amend the dislosure
requirements for contributors. Prior to
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acceptance of a
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JUl 24 1990
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contribution, the contributor's address, occupation, and name of
employer must be disclosed.
The ordinance also provides that the $250.00 campaign
contribution limit shall apply to all contributions received
after July 1, 1990.
In the event that a candidate received a
contribution in excess of $250.00 after July 1, 1990, then the
candidate is obligated to return the excess amount to the
contributor no later than 15 days after the effective date of
this ordinance.
At a later date, the city Attorney will return to the city
council with a more comprehensive revision to the campaign
finance laws of the city.
The press of other matters made
impossible a total revamping of the law at this time.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, city Attorney
Joseph Lawrence, Assistant City Attorney
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CA:RMM:ct446/hpc
city Council Meeting 7-24-90
Santa Monica, California
ORDINANCE NUMBER
(City Council series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL
CODE SECTION 11209 RELATING TO LIMITATIONS
ON ELECTION CONTRIBUTIONS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1.
Santa Monica Municipal Code section 11209 is
amended to read as follows:
SECTION
11209.
Limitations
on
Contributions.
(a)
No
person
other
than
a
candidate when contributing to his or her
own campaign shall make, and no campaign
treasurer shall solicit or accept, any
contribution
to
the
campaign
of
a
candidate for election which will cause
the total amount contributed by such
person to such candidate to exceed Two
Hundred Fifty Dollars ($250.00). Nothing
in this section or in this Code shall
limit the right of any person to make or
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accept contributions to ballot measure
campaigns.
(b) Except as provided in Section
11210, no contribution shall be permitted
except when the legal name of the person
or organization who offers the
contribution is disclosed alonq with the
contributor's address, occupation, and
employer. Contributions under assumed
names or contributions offered by
individuals who are acting as conduits or
agents for other individuals or interests
are prohibited.
(c) The contribution limit
established by this section shall apply
to all contributions received after July
1, 1990. Any candidate or treasurer of a
candidate who received a campaign
contribution in am amount greater than
Two Hundred Fifty Dollars ($250.00)
between July 1, 1990 and the effective
date of this Section, shall refund to the
contributor the amount of the
contribution in excess of Two Hundred
Fifty Dollars ($250.00) no later than
fifteen (15) days after the effective
date of this Section.
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SECTION 2.
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, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 3.
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 any competent
jurisdiction, such decision shall not affect the validity of the
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 4. 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 after 30 days from its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS U
City Attorney
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