SR-SS-1 (5)
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eA:RMM:jld642bjhpcjpc OCT 1 5 1991
City eouncil Meeting 10-15-91 Santa Monica, Cal ifornia
STAFF REPORT
TO: Mayor and eity Council
FROM: City Attorney
SUBJEeT: Campaign Financing Reforms
In recent years, numerous campaign financing schemes have
been attempted at the federal, state, and local levels.
Invariably each has met with resistance and an argument that all
or part of the reform was unconstitutional. As a result, before
analyzing issues to be addressed in any new ordinance, a review
of relevant court decisions will be provided.
A. eampaiqn Financing.
It is clear that no limitations can be placed on the amount
of their personal money candidates can expend on their campaigns.
In Buckley v. Valeo, 424 U.S. 1 (1976) , the supreme Court
considered a broad based attack on the Federal Election Campaign
Act, 2 u.s.e. Sections 431 et seq. The law limited the
expenditures by a candidate "from his personal funds, or the
personal funds of his immediate family, in connection with this
campaign." The court concluded that such a limitation "imposes a
substantial restraint on the ability of persons to engage In
protected First Amendment expression" and invalidated the
provision.
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OCT 1 5 199J
Likewise, for the same reason, the court considered it
unconstitutional to limit the independent expenditures that an
individual could make in support of a candidate. In this regard,
the court distinguished between contribution limitations to
specific candidates, which it deemed constitutional, and
expenditure limitations. To the court, placing a limitation on
the amount of money someone could contribute directly to a
candidate furthered the substantial governmental interest of
reducing the likelihood that a candidate could be "bought.1I
The same considerations were rejected with respect to an
individual's ability to expend money in support of a candidate
but independently of actually contributing to a candidate's
campaign--for instance, placing a newspaper advertisement in
support of a candidate. The court considered such limitations an
unconstitutional restriction on the First Amendment rights of
persons desiring to independently spend their money.
other expenditure limits may be constitutional but only if
"voluntarily" undertaken. As the Buckley court observed,
government "may condition acceptance of pub 1 ic funds on an
agreement by the candidate to abide by specified expenditure
limitations." 424 u.s. at 57 n. 65. Absent such a scheme for
public financing, expenditure limitations are unconstitutional.
The United states Supreme Court has ruled that it is
likewise unconstitutional to limit the independent expenditures
of corporations and unions. In First National Bank of Boston v.
Bellotti, 435 U.S. 765, 777 (1978) , the court concluded that the
"inherent worth of speech in terms of its capacity for informing
the public does not depend upon the identity of its source,
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. .
whether corporation, association, union or individual." See
also, Central Hudson Gas and Electric eo. v. Public Service
eomm. , 447 U.S. 530 (1980) , where the court invalidated a law
limiting a corporation's ability to include flyers in their
billing statements.
Although it is unconstitutional to prevent corporations
from contributing funds to campaigns, the court has concluded
that it is permissible to restrict the source of corporate funds.
eorporations can be prevented from using their general revenues
and instead can be required to set up special accounts which use
only funds voluntarily contributed by employees or stockholders.
FEC v. National Right to Work Committee, 459 U.S. 197 (l982) ;
Austin v. Michigan Chamber of commerce, 494 U.S. lOB L.Ed 2d
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652, 110 s.et. (1990) . However, the restrictions cannot be
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so overbearing as to cause financial hardship or effectively
prevent the corporation from operating. FEe v. Massachusetts
citizens for Life, Inc. , 479 U.S. 238 (1986) .
In citizens Against Rent Control v. Berkeley, 454 U.S. 290
(19B1) , the court ruled that Berkeley's $250 campaign
contribution limitation to committees formed to support or oppose
ballot measures violates the First Amendment rights of speech and
association. Thus, the court foreclosed any contribution
limitation for ballot measures.
The Buckley court also dealt with a challenge to the
disclosure and reporting requirements of federal law which
obligated campaigns to divulge lists of contributors and how the
campaigns spent money. In addition, the court dealt with
reporting requirements placed on political action committees
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which also obligated such committees to report contributors and
expenditures. With respect to all of these reporting
requirements, the court declared the law constitutional. The
requirements advanced the substantial governmental interest of
providing "the electorate with information 'as to where political
campaign money comes from and how it is spent; , II they deterred
actual corruption and the avoidance of the appearance of
corruption by exposing contributions lito the light of publicitYitl
and were necessary to help detect violations of law. 424 U.S. at
66-68.
B. Proposition 73.
In 1988, California voters enacted proposition 73 which
established a variety of contribution limitations and imposed a
restriction on public financing of elections. By its terms,
Proposition 73 applies to charter cities and to candidates for
local office. Government Code Sections 82023 and 85300.
Despite the language of Proposition 73, some communities
have attempted to publicly finance elections and in so doing
impose expenditure limits. In eounty of Sacramento v. Fair
Political Practices eomm., 222 eal. App. 3d 687, 271 Cal. Rptr.
802 (1990) , the Court of Appeal declared Sacramento's public
financing plan pre-empted by Proposition 73. The court concluded
that the public financing of elections was a state-wide concern
and consequently subject to state-wide prohibition.
A contrary result was reached in a challenge to the city of
Los Angeles' public financing scheme. In Johnson v. Bradley, 229
Cal. App. 3d 80, 279 Cal. Rptr. 881 (1991) , a different eourt of
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Appeal ruled that municipal elections and ln particular how
cities chose to spend their funds, was a uniquely local concern
and not a proper subject of state-wide regulation. Consequently,
despite the language of Proposition 73, a charter city could
decide to publicly finance elections. In July, 1991, the
ealifornia Supreme eourt agreed to review the Johnson decision.
other challenges to Proposition 73 have also occurred. In
Service Employees International Union (SEIU) v. Fair Political
Practices eommission, 747 F. Supp. 580 (D.e.N.D. Ca. 1990), a
federal district court concluded that some aspects of Proposition
73 were unconstitutional. In particular, the court ruled that
Proposition 73 could not constitutionally limit campaign
contributions based on a fiscal year basis; that candidates could
not be prohibited from transferring contributions among or
between the candidates own committees or be prevented from making
contributions to other candidates.
with regard to the fiscal year contribution limitations,
the court believed that such a plan amounted to little more than
an "incumbent protection plan." Namely, by so narrowly
permitting when a candidate can raise campaign funds, Proposition
73 effectively made it far more difficult for outsiders to be
elected. Incumbents, the court concluded, had access to campaign
contributors far more easily than their challengers did and as a
result, the challengers could barely raise sufficient funds in
the short period permitted by proposition 73.
The court's ruling on the ability of candidates to transfer
funds and to contribute money was somewhat more straightforward.
The court believed that candidates no less than other citizens
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were entitled to the same constitutional protection afforded
others under Buckley. eonsequently, while candidates could be
subject to reasonable restrictions on the amount of contributions
they could make, candidates could not be entirely prohibited from
making political contributions or transferring funds to other
committees.
e. eurrent eity Law
In August, 1990 the city eouncil lowered the campaign
contribution amounts permitted in Santa Monica. Santa Monica
Municipal Code Section 11209(a) now permits maximum contributions
of no more than $500 to any candidate. Prior to this change eity
law would have permitted contributions up to approximately
$1,500.
Although City law limits contributions, no effective
monitoring mechanisms are in place to ensure that the law is
followed. The city elerk ensures that all campaign reports are
filed. However, the eity Clerk does not have sufficient staff to
undertake detailed substantive analysis of the reports to
determine if campaign contribution limits are being followed.
The City depends upon members of the public to bring any
violations to the eity's attention.
A copy of the current City law is continued in Appendix 1.
D. ordinance Proposals
Before any ordinance is prepared, a series of issues need
to be addressed, most of which resolve around campaign
contribution limits.
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1. Should any local ordinance impose campaign contribution
limits that are different than those permitted by Proposition 73?
Proposition 73 permits contributions of up to $1,000. However,
it also allows cities to establish lower limits. Government eode
Section 8510(a).
In 1988 the ealifornia Commission on eampaign Financing
(leCeF") issued a report that evaluated Santa Monica elections.
The cceF strongly recommended that Santa Monica impose lower
contribution limits and suggested that even with the maximum
contribution set at $500 Santa Monica candidates could conduct
"spirited and sophisticated" campaigns. The eity Council needs
to decide what limit on contributions is appropriate. Is the
current $500 limit adequate or should it be lowered or raised?
2. If lower contribution limits are established on direct
contributions to candidates, what limits, if any, should be
placed on contributions to political action committees that
support or oppose candidates? Frequently, contributions to
political action committees are made in an effort to circumvent
other features of campaign financing laws. eonsequently, it is
usually recommended that contribution limits be established on
the amount of money that can be given to political action
committees that support or oppose candidates.
As with the limit set on direct contributions to
candidates, the city eouncil may want to establish a limit on the
amount that can be contributed to committees that support or
oppose candidates. Having the same contribution limits for both
type of contributions will at least not encourage the channeling
of money to these political action committees.
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3. In addition to these contribution limits, should there
be an overall limit on the amount of money that any person or
business can contribute during any particular election? Even
with the current $500 contribution limit, opportunities exit for
someone to contribute money far in excess of the limit. A person
can give the maximum $500 amount to a candidate and then
contribute the maximum amount many times over by contributing
money to each committee or organization that may support the
candidate.
One solution to this problem is to impose an absolute limit
on the amount of contributions that any person or business can
contribute for any given election. Under such a law, money
contributed directly to candidates and money contributed to
committees that support candidates will be combined and tallied
against the overall limit. Once the limit is reached the person
or business will not be permitted to make any further
contributions. Using City eouncil elections as an example, if
four council seats are up for election, the overall limit for the
election could be $1,500 or whatever amount the city eouncil
deems appropriate. Such a limitation would reduce the impact of
large contributors while helping to prevent the skirting of the
law.
4. Should the city encourage the formation of small donor
political action committees and if so, what rules should apply?
Broad based political action committees made up solely of small
contributors are designed to encourage grass root political
participation. Unlike other political action committees, the
maximum amount that any contributor can provide to this committee
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is relatively small, usually in the range of $50. In addition,
the committee must receive contributions from a minimum number of
donors (e.g. , 100) before it comes under the terms of this
provision.
In exchange for these restrictions the small donor
committee is permitted to contribute a higher amount to
candidates. Thus, instead of complying with the restrictions
placed on contributions from individuals, this type of committee
can contribute an amount that may be anywhere from 5 to 10 times
higher. The theory behind such a contribution discrepancy is to
encourage the pooling of funds from the "average" citizen and to
encourage candidates to seek out funds from these contributors.
Finally, in considering this issue the following
observation from the September, 1991 issue of Western City is
noteworthy:
When Americans talk about who drives
politics today, their views are easy to
discern: A select group of power brokers
is the ultimate decision maker on policy
issues - and not citizens. Included
among this elite club are lobbyists,
political action committees (PACS), and
special interest organizations. The
citizen is rendered obsolete. . . . In
today's political system, citizens
suggest they need not waste their time
applying for membership to this exclusive
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club. They will not be accepted. They
don't meet the qualifications of power
and influence and, above all else, money
- which, from the perspective of
citizens, seems to drive so much in
politics today. Harwood, "eitizens &
Politics - A View From Main street
America, Part In Western eity, Sept. ,
,
1991 at 8-9.
5. Should limits be placed on the total amount of
contributions that candidates can receive from corporations or
other "non-individuals"? As part of the effort to make campaign
fund-raising broad based, the eity council may want to impose an
overall limit on the amount of contributions that can be raised
from corporations and other legal entities. Such a limitation
would tend to even the playing field by eliminating the perceived
advantage enjoyed by candidates with close ties to business
interests. It may also strengthen the notion that it is
citizens, and not financially well off corporations, that
candidates will be responsive to. For example, based on the
conclusion of the ealifornia Commission on eampaign Financing
that $60,000 is the upward limit of what candidates should spend
for election here, if this overall ceil ing was set at $15,000,
the likely result would be that less than half of a candidate's
campaign funds will come from corporate sources.
6. Should the City limit the source of a corporation's
campaign contributions? Corporations and other businesses can
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tap into a variety of sources to make campaign contributions.
Unlike individuals, these entities can factor such contributions
into routine business costs and price their products and services
accordingly.
In response to this problem, the federal government and
some states have attempted to limit the source of a corporation's
campaign contributions. Instead of being able to fund
contributions from general or unrestricted revenues, under these
laws corporations must establish segregated campaign contribution
accounts funded by voluntarily contributions from officers,
employees or stockholders. The eity Council should determine if
it wants such a plan in Santa Monica.
7. Should there be a restriction on when office holders
can begin to solicit campaign contributions? In SEIU v. FPPC,
the federal district court concluded that Proposition 73 gave
office holders an unfair fund-raising advantage by limiting the
period when candidates could solicit funds. In harmony with this
ruling, the city eouncil may want to limit the period when
officeholders can seek funds while leaving unrestricted the
period when non-officers can solicit funds. Under such a scheme,
challengers would be given a fund raising head start which may
make up for any perceived fund raising advantage that office
holders have.
8. Should the ei ty limit the ability of eity contractors
or consultants from contributing to candidates and if so, what
rules should apply? At present, campaign contributions do not
trigger any applicable conflict of interest law. Nonetheless,
there exists at least the potential for the appearance of a
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conflict of interest whenever someone who does business with the
eity contributes campaign funds to a city officeholder.
Accordingly, the eity eouncil may want to establish limits on
contributions from such sources. Such a scheme could take any
number of forms ranging from a complete bar on contributions from
any eity contractor no matter the amount of the City contract(s)
involved, to a bar which goes into effect only after a particular
contract threshold is crossed, e.g., $50,000. Coupled with this
plan would be rules limiting the participation of office holders
who receive such contributions. Further, if the eouncil does not
wish to completely prohibit these type of contributions it may
nonetheless want to set a lower cap on the amount of such
contributions, e.g., $250.
9. Does the eity eouncil want to establish any provision
for the public financing of campaigns? While sometime during
1992 the ealifornia Supreme eourt will decide the issue of
whether Proposition 73 pre-empts charter cities from publicly
financing campaigns, the city eouncil may want to lay the
groundwork for such a plan in advance of the court's decision.
10. What type of enforcement does the City Council want to
have? Should an audit feature be built into City law and if so,
who should conduct the audit--the eity Clerk, other City staff or
an independent firm? Additionally, should the city Attorney be
authorized to enforce the law or should aggrieved members of the
public be allowed to seek compliance?
Attachment
PREPARED BY: Robert M. Myers, city Attorney
Joseph Lawrence, Assistant eity Attorney
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A P P E N D I X 1
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SANTA :o.toNICA V1DHCIPAL CODE 22S.a
( R ~I
4RTtClE XI- ELECTrONS CODE
Chapter 1 - ELECTIONS
5ooU_ SECTION 11000 Nc....h...UOD ot Candl. II l Committee. .-\m peDon or lombm.J.unn
~ datea. Not earh~r Ulan the 113th day nor IlIter ... pl'l"..un~ who du'euLy or ltu1u't'ltl\ rf'('el\"'"
b!'0ftL than 5-00 p.m. OD tile 88th day before a mwucl- I' 'IIt rtOlluon~ or mAke-; I;!',,~ndj[url'" or r"ntn
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........ pa.I election, the votera may nommate canc1l. bUWII\.. fnr th.. purp"'it' ul lI:l1ut"nUIlI! or
..z...... dates (01" e1ecuon by slgnmg a nomlftlltion .1U,'mplln!l. to ml1uence thl' .1lt/lm "fth~ \ "t"N
petJtlOll. IrnommBl.lon papers (or an II\cumbent l..r,'r .1l;!.1I11..t I hI' Uumm.1[KIl1 ur ..tel tlun 01 ,'n!'
otnc:er an not f1Jed by 5 00 p m. on the 88ti1 day or mor.. l alldlll,lt" \lr In ~upp..r[ of Ilr III
befor~ the eJecuon. the vot~rs shall have until oPJK'..lWlfl '0 a ml;!'a!oure.
500 p.m. no the 83n1 day before the ~n to (,II Elecuon. ~n... ~..n('ral. ..pt'(.I.J.J ..r n'L.111
nomlnau: candldues other than the II\Clunbl!'nt ,.It't unn hl'ld tu ell;!'L t or remo\ e a m..mb..r..1 I h"
for the etectlVl! o.mc~ Each candidate shall be ',lIltol \1unllll. tltV I uunul tht' ....1nu. \1"IUlA
Proposed by not less than one hundred (100) Iknl l (JIltl't.[ n"oIr<.! th~ ~l;I.flt.1 \lunll 01 [ IlIfl...t
( l'egl3tered V()t~rs. but only I)n~ candidate may ..... h""J D...lrllf B<>iud <If t:dulolllun Ilr rlu
be named 1ZI anyone nomUlatlOn petlUon Any li.....rd Hf rr u:.tee~ "I the ~.1n[ol \1unll..1 C..m-
person regLSte1'ed to vote at the ~lec:tJon may mUIIII\ l',II~.. Ilr tu lllte un "'1\\ mt',c,urt'
CIrCulate a nQmmUlOn petitIOn Where rhere [,,) \o{}tm~ ....ge Populanon. The j)HpUJ...[ 1<111
are full terms and short t~rm.s to be rued the "II h~' ( 1(\ Il. ~d.nr.J. \1"IlILd. onh.. .1r....l...."'ett h\
term shall b~ speclfi~d In the nommatlon ..[her elL'tI"u !>!TII loll!! <it:~ llt:hte..n ll~ I \"..lr-
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SANTA MONICA MUNICIPAL CODE 228-C
R-99
l-onfrJoutlon" d()e~ not mdude dmOUIll~ SECTION 11209 LbDilauOD8 011 CODtn- s... 1120'
fl'l ~lved pu,<;uant It) ~I\ \'I\fo,u~abll' prt)ml"~ to buboDIl A..'lD.i!:nded.
the eXlent that ~ulh dmount~ have prevlllu!>ly lal No person other than a candJdate when b,. Ord.
_153'CCS
l:wen reported a..~ a u)ntnbutIoll However, the oontnbutmg to lull or her own camptugn shall AlIol'ud
f,l{ I that .,uch amount~hdve been received .,hdll make, and no CIUllplUgI1 treasurer shall sohelt 1-7.90
bE' mdKated m the appropnate cdmpdllo:n or accept, any contnbutlon to the CBlllpwgn of
.,tatement!> a candIdate for election wluch will cause the
l\iotwlth!>tandmg the foregomg definitIOn, total amount contnbuted by such pel'llon to
"( ontnbullon" doe!> not mdude \'olunteer per- such candldate to exceed Flve Hundred
~"nal ~erVlC"" or payments made by dny m- Dollars ($500 00) NotJung m thIS Section or
dl\ldual for hi!> o~n travel expense!> If .,u(h In thlS Code shall hmtt the nght of any
payment!> are voluntanly mdde Without any person to make or accept contnbutIoDs to
und<'r~tandmg or agreement that they shall b... ballot measure campaigns
dlret tly or mdlreL tly repllId [0 hIm (b) Except as proVided in Sectlon 11210,
(hI Measure Any City Charter Amendment, nO contnbutl(lD shall be permItted except
or ot her proposJUon or other bond Issue whl{ h when the legal name of the person or ol'gam-
1., ,ubmilled to a popular vote at an election by
dl tlon of a leglslau\'e body, or which IS !>ubmltted zatlOn who offers the contrlbutlon 1& dlll-
or I~ mtended to be rt'!>ubmluNl to a popular closed 1ll'equlIed by state law, along wlth the
vote at an ele<tlOn by mltldtlVe. referendum, or contnbutor's address, occupation, and
recall procedure, whether or not It qUl1hfie..'or employer Contnbuhons under assumed
t he- ballot names or contnbutlons offered by mdwid-
(I) Proponent of a Measure A per.,on or uals who are actmg as condUIts or agents for
v:roup of per!>ons organLv.>d for the purpose ()f other mdlvlduals or mterests are prohlbIted
(lfCuldtm!! d petlllOn for the quahficallon of a (c) The campalgn contnbutlon hmlts
med.,ure on [he ballot 111 a mUIlIClpa] eleetmn or establahed by thll~ Bectlon shall apply to
for the purpose of obl,llnmg t.he pB.l>..,age of a contnbubons receIved and made by broad
med..,ure that hll!> qUdhfied for t.he ballol m a based pobtlcal COmmlttees and general pur-
munlclpa] election pose reCIpIent Comnllttee!l (as defined by
(1) Opponent of a Measure A per"OI1 or state law) that IiUPPOrts or opposes any candI-
!!roup 01 per!>op~ HI ganl.led for the purpo-.e of date In a CIty election
oppo~mg the Clr( ulatlOn of a petition for I h(> (d) The contrlbuhon bmlt estabhshed by
Quahfkatlon of a mea!>ure on the ballot In cl thiS Sectlon shan apply to all contributions
mUnlupal election or for the pUrpo~e of received after July 24, 1990 Any candIdate
oppnsmg the pass.tge of a meo.>oure that lid}, or treasurer of a candidate who recelved a
been qualified for the ballot In a mUnlllpal campaIgn co ntrl bu tlon In an amount
(>le( lion
(k) Electlon It.em ":a( h office thdl Will be greater than FIVe Hundred Dollars ($50000)
11I1ed by an deulon dnd eat h mea!>ure [hdt .....111 between July 24, 1990, and the efTectlve date
bl dpproved or dl~dpprovl'd by an election of thiS Sectlon, shall refund to the contnbutoT
the amount of the contnbutIon m excess of
FlVe Hundred Dollars ($500 00) no later
Semons 11203, 11204 and 11205 Repealed than fifteen (15) days after the effectIve date
by Ord # 1357CCS Adopted 2..11.86 of thu; Section.
Sot Jl~7 SECTfO~ 11208 Filing of Statements SECTION 11210. Anonymous Con. lie 11210
Deltttd
br Ood Each caJ1dldate and each commIttee supportIng tribudons. The tota.l anonymous COIl- .....oodICl
~JlO9CCS or opposmg a candidate or candidates or tnbuuons to a candidate or committee by Dill
AdDpI" t1\ldCCS
11 n71 measure or measures and each member of the WhlCh IS to exceed In the aggregate SlOO AMlIlM
Sama \{olllca City Councll. Santa MOllica Rent with respect to a smgle election shall not be nt271
!>.< 11 ]61 Control Board, Santa Momca Umfied School
A.n.tndef:l DI!>tnct Board of Education, or Santa MOnica used by the candIdate or committee for
by Ord
I1:l38CCS Commumty College Board of Trustees shall file whom It was Intended To the extent tha1
AdGplOlf .....Ith the Clt~' Clerk each statement required the total anonymous con01bunons exceed
9-2H6 under Ch.apter 4 of Title 9 of the Government that amount the eltcess shall be fOTfened lm-
Code (Pohtleal Reform Act of 1974) mediately to the City Treasurer Wbere con-
See 1I208A Repealed by Ont. #1357CCS InbutlOns are rece1'Ved at a group event. the
trea~urer or representattve of the candidate
Adopted 2-11-86 (IT comnuttee at said event. lDsofar as 15
practicable shall list the names and ad.
. ,
SA...lI.l"TA MONICA MUNICIPAL CODE 228-C-l
R-99
i
dresses of those persons who contrtbute at
said e~ent and shall cernfv as to Ihe ac-
curac\' of said hst and shall h~t the total
contrIbutIOns receIved at each such event
SIIl'1U11 SECTION 11211 Printed Llteratun. All
...- h~rature that is pnnled by or on behalf of a
., 01'11
" (lUl:CS candidate or a committee. IDcludmg, but
AHffeI not limited to, small cards and billboards.
11 'iT' shall be identifIed With the names and ad.
dresses of the pnnter, or dUlrman and
secret ar} or at least two officers of the
polttlcal group or orgamzatlon on whose
behalf or order the same IS pnnted Such
ldentlhcahon of said person~ shall be pnn-
led leglb]~ and shall be appropnate to the
size and type of the hterature. but In no
e\'ent shall such pnntlng be less than an SIX
(6, pomt tYpe
..
-,
, ~ SA....,.A MO~ICA MUNICIPAL CODE
228 D
R-85
. _ 1I11l SECTlO... 11212 Candidate'" St&teml!nt Nothing In Ihls secllon shall be deemed 10
I "....ndrd of Quall1'l.abolUl. Eaclt candidate for Santa make an~ sut"h slalement or the aulhors
1110rd MOnica CIt)' Council, Sant;!. MOnica Rent Con thereor free or exempt from any cutl or
nmccs
Adopl.d lrol Board, Santa MonIca UnJ1jed School Dls cTlmmal aCllon or penall\ because of am
,~u lnct Board' of Education, or Santa Monaca false or hbelous slalemenls oUered ror pnn-
Community College Board of Trustees may
prl'pare a :.tatemem of qualification on an ling or con lamed In lhe 'oter s pamphlet
appropnate form pro\ Ided by the City Cler\' StcrlO'.; 11213
Such statement may II1clude the name, age, Distribution or Ne.....slet. s.. IIlI!
and occupation of the candidate and a bTlef ler Prohibited During Camp&lgJI No news- A..r......
descnptlon of no more than two hundred leuer or sImilar matter shall be cJf(~ulated by ::~~cs
(200) words of the candidate's education and mass malhng or sunllar method by the Santa Ad....t...
qualifications e~pressed by the candidate MonIca CIty Council, Santa Monaca Rent Con- J-1J.J6
Such statement shall be filed In the office ofthe tro! Board. Santa MOnica Unified School DIS-
City Clerk when the candidate's nomanatlon tnct Board of Educallon. Santa Momca Com-
papers are returned (or mlllg It may be \l.lth. mUnlty College Board of Trustf!e5 or their
drawn but not changed, durll1g the period for admlnLStratlve officers as follows
-, , filmg nornlnallon papers and unul5 00 p m of (a) W\thlf\ elghty-e\ght (88) daY5 prior to
I the nut working day after the close of the any mUniCipal election to approve or dlSap-
nornmatlOIl period prove any ballot measure
The CIl) Clerk shall send to each voter (b) \\.Ithm eighty-eIght (88) days pTlor to
togelher ""lIh a sample ballot a "ot~r s an election to select any member of Its govern-
pamphlet ...hlch cOnlalnS the 'Hilum ang body
slatements of each candidate's (c) After an) member of Its governing body
has filed a nomination pelltlon pursuant to
quahrlc:lllons that IS prepared pursuant to M unJclpal Code Section 11000
th15 sectlon The statement of each can.
dldate shall be pnnted an t)1'e or Uniform SECTIO'\ 11214 Ballot Order In any s.. 11214
size and darkness and "'\th unlfonn ele<::tlon for the Santa MOnica CIty Council "arnd'"
spacing The CJf~" Clerk shalI pro\lde for or Santa \1onlca Rent Control Board. Sant~ :rJ~~CS
Cfrtlf~ a Spamsh translatlon to those can. l'rlomca L'mfied School DIStrict Board of Edu ".oplrd
dldates ...ho ""Ish 10 ha~e one and shall cation, or Santa MOnica CommunIty College 9-1).16
select a penon '!'here nceded to proHde Board ofTrusrees the order In v.hlch the name
shall appea.r on the ballot shall be determmed
such Iransl3t1on from the list of approved by a casting of lots The ballot order of all
Span1sl-t language translatorS and m- cand,dates propOSItiOns and ballot measures
lerpreters of the Supenor Court or from an shall be the same as the order which IS dra~ n
anS\ltutlon accredited by the Western from said lots
ASSocl:J,1l0n of Schools and Colleges SECTtON 11215 Dlunbutton of rn ... ""5
The ;;osts of prmtmg handltng and tran- formation ror Candld:ltes and COlT'mmees '""
s]:I11ng of an\ statement s;Jbmllted pursuant ..O'll
hJ lhlS section shall be paid b\ the CIty In order to Insure that eacn ca.ndlaate and "lalCCl
The Cll: Clerk shall reject an] statement proponent or opponent of a measure has AlIo".d
~ hleh cor.l:lmS an~ obscer.e \'ulg:lr full opportuntty to understand and fulhU 1Z 1Z 71
pr.JfJ1f SC:lndJ.!ous hbe10us or defamalOr) the requirements of the Slate and ""funlclpal
matte~ or an\ lang~age ....hlch In an, ,.,a\ Code the lates~ rC\lSlOn of the State of
inCites counsels promotes or ad\OCaleS Cai/fornla Informatton Manual on Cam-
hatred :Iruse \ 101en.:e or hosulm to'" ard palg"l Dlsdosure PrOVISIOns of the Polmcal
or ,.,hleh lends to cas I T1rilCu]e or shame Reform o\ct and a sc'ledule outltmng re~
upon an\ persons b~ reason of race color qUlred flhngs of camp;l.lgn statements In
rel:glon or m:lnner of ,.,orshlP or am addition candIdates are to recel\e a hSI
langu:J~e or maIler the ,;'rcul:lllun of... hlch outhnmg baSIC muniCipal ca.ndldac~ re-
througit the m.ullS prohibited b] Congress qUlrements
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