The URL can be used to link to this page

SR-106-016 (2) ~ '. ,,/ .. e · JO(o;'I!)/fp ?-e.. lEe 1 0 1985 ----- U{.C 1 7 198'5 California CA:RMM:lld060a City Council Meeting 12-17-85 Santa Monica, S:~ JA~ : 8 1986 STAFF REPORT TO: Mayor and city council SUBJECT: city Attorney Ordinance Abolishing Fair Election Practices Commission FROM: INTRODUCTION At its meeting on November 12, 1985, the city Council directed the city Attorney to prepare an ordinance repealing Sections 11203, 11204, 11205, and 11208A and amending Sections 11201 and 11202 of the Santa Monica Municipal Code, thus aboliShing the Fair Election Practices commission. In response to this direction, the accompanying ordinance is now presented for City Council consideration. ANALYSIS OF PROPOSED ORDINANCE This ordinance would repeal the following sections of the Santa Monica Municipal Code: Section 11203. This section sets forth procedures for selection of Commission members, terms of office, and meeting requirements for the Fair Election Practices commission. Section 11204. This section sets forth the powers and duties of the Commission. S-A ;;;/;1 2 8 1986 - 1 - <jf-c DEe 1 0 19B5 DEe 1 7 1;3~. :- .. e e "" Section 11205. This section describes the requirements for removal of a Commission member from office. section 11208A. This section provides for a late filing fee, which is already covered by state law and therefore unnecessary. See California Government Code section 91013. In addition, the ordinance would amend the following sections of the Santa Monica Municipal Code: Section 11201. This section is amended to limit its intent and purpose to findings justifying the limitations on campaign contributions. section Subdivision (H) defining the word 11202. "Commission" has been deleted, and the remaining subdivisions have been relettered as a resul t. In addition, former subdivision (G) (now subdivision (e)) has been amended to provide that the city Clerk, rather than the Fair Election Practices Commission, will determine the voting age population from the best readily available sources of information. other technical changes have also been made to this Section. The full text of the provisions affected by this ordinance is contained in Appendix A. BACKGROUND California's Political Reform Act of 1974 (Government Code Sections 8100 et seg.) establishes a state Fair Political Practices Commission and provides certain basic requirements governing state and local election. It also allows cities and counties to adopt local campaign ordinances which further the - 2 - ~ e e purposes of the Act and do not conflict with any of its provisions. Forty-three cities and counties h~e adopted such ordinances since 1974, with two of those cities later repealing their ordinances. The city of Los Angeles recently approved a charter amendment relating to campaign contributions. Only the City of Berkeley, County of Orange, and the City of Santa Monica have local Fair Campaign Practices commissions. Local ordinances cover a number of different areas. The most common provisions found in local ordinances: 1. Prohibit certain entities from contributing to campaigns. 2. Limit the amount that may be contributed to campaigns by businesses, political action committees, and individuals. 3. Require lower levels of itemization of campaign contributors. 4. Limit extensions of credit to campaigns. 5. Require additional campaign statements to be filed before local elections. 6. Impose separate penalties for violations of local ordinances. 7. Require lists of campaign contributors to be published in newspapers. 8. Provide a voluntary fair campaign practices pledge to be taken by candidates for local election. A summary of the various local ordinances adopted throughout the state is contained in Appendix B. - 3 - e e Local ordinances are interpreted and enforced by each city or county. The Fair Political Practices Commission does not interpret local ordinances. Therefore, once the City Council abolishes the Fair Election Practices Commission, interpretation and enforcement of the City's Election Code will be performed by the city Clerk, City Attorney, and District Attorney. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be introduced for first reading. PREPARED BY: Robert M. Myers, City Attorney Laurie Lieberman, Deputy city Attorney Attachment - 4 - e e CA:RMM:lld060jhpc City council Meeting 12-17-85 Santa Monica, California ORDINANCE NUMBER (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING SECTIONS 11203, 11204, 11205, AND 11208A AND AMENDING SECTIONS 11201 AND 11202 OF THE SANTA MONICA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. sections 11203, 11204, 11205, and 11208A of the Santa Monica Municipal Code are repealed. SECTION 2 . Section 11201 of the Santa Monica Municipal Code is amended to read as follows: SECTION 11201. Intent and Purpose. It is the intent of the city Council of the City of Santa Monica in enacting this ordinance to place realistic and enforceable limits on contributions to political campaigns in municipal elections. The purpose for which this ordinance is being enacted is to prevent the exercise by campaign contributions of potential undue or improper influence over elected officials. - 1 - e e SECTION 3. Section 11202 of the santa Monica Municipal Code is amended to read as follows: SECTION 11202. Definitions. The following words or phrases as used in this Chapter shall have the following meanings: (a) Candidate. An individual who is listed on the ballot or who has qualified to have write-in votes on such person's behalf counted by election officials for the nomination for election to the Santa Monica City Council, Santa Monica Unified School District Board of Education, or Santa Monica Communi ty College Board of Trustees, or who receives a contribution or makes an expenditure or gives consent for any other person to receive a contribution or to make an expenditure with a view to bringing about such person' s nomination or election to such office, whether or not the specific elective office for which such person will seek nomination or election is known at the time the contribution is received or the expenditure is made, and whether or not such person has announced candidacy or filed a declaration of candidacy at such time. nCandidate" also includes any - 2 - e e office holder who is subject of a recall petition. (b) Expenditure. A payment, a forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment unless it is clear from the surrounding circumstances that it is not made for the purpose of promoting, demoting or commenting upon an election item. (c) Committee. Any person or combination of persons who directly or indirectly receives contributions or makes expenditures or contributions for the purpose of influencing or attempting to influence the action of the voters for or against the nomination or election of one or more candidates or in support of or in opposition to a measure. Cd) Election. Any general, special, or recall election held to elect or remove a member of the Santa Monica ci ty Council, the Santa Monica Rent Control Board, the Santa Monica Unified School District Board of Education, or the Board of Trustees of the Santa Monica Community college or to vote on any measure. - 3 - ....... e (e) e Votinq Aqe Population. The population of the City of Santa Monica or the area served by other elected officials aged eighteen (18) years or over as determined by the United States Secretary of Commerce pursuant to Section l04(a)5 of the Federal Election campaign Act of 1971. If, for any reason, no such determination is made, the City Clerk shall, from time to time, determine the voting age population from the best readily available sources of information. ( f) Payment. A payment, distribution transfer, loan, advance, deposit, gift or other rendering of money, property, service or anything else of value, whether tangible or intangible. (g) Contribution. A payment, a forgiveness of loan, a 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 the purpose of promoting, demoting, or commenting on an election item. An expenditure made at the behest of the candidate, committee or - 4 - e e elected officer is a contribution to the candidate, committee, or elected officer unless full and adequate consideration is received for making the expenditure. IIContribution" also includes the purchase of tickets for events such as dinners, luncheon, rallies, and similar fundraising events; the candidate's own money or property used on behalf of his candidacy; the granting of discount or rebate not extended to the public generally or the granting of discounts or rebates by television and radio stations and newspapers not extended on an equal basis to all candidates for the same office; the payment of compensation by any person for the personal services or expenses of any person if such services are rendered or expenses incurred on behalf of the candidate or committee without payment of full and adequate consideration. "contributionll further includes any transfer of anything of value received by a committee from another committee. "Contribution" does not include amounts received pursuant to an enforceable promise to the extent that - 5 - -... --...... .. such amounts have previously been reported as a contribution. However, the fact that such amounts have been received shall be indicated in the appropriate campaign statements. Notwithstanding the foregoing definition, "contribution" does not include volunteer personal services or payments made by any individual for his own travel expenses if such payments are voluntarily made without any understanding or agreement that they shall be directly or indirectly repaid to him. (h) Measure. Any City Charter Amendment I or other proposition or other bond issue which is submitted to a popular vote at an election by action of a legislative body, or which is submitted or is intended to be resubmitted to a popular vote at an election by initiative, referendum, or recall procedure, whether or not it qualifies for the ballot. (i) Proponent of a Measure. A person or group of persons organized for the purpose of circulating a petition for the qualification of a measure on the ballot in a municipal election or for the purpose of obtaining the passage of a - 6 - ,~ , , -e e declared invalid' or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause same to be published once in the official newspaper within 15 days after its adoption. The ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: ~ """- . \- ROBERT M. MYERS city Attorney o ........ - 8 - . , e e APPENDIX A ':II e So< n_ A__od "7 o,~ 'IJe9CCS Ad"",... 6-2641 SIc IHlll AliI... "'0'" elT!ltCS -III" 12 11 74 e S4e l1ZDZ - a~ Ilnl ,.1getS U.,.01I 12 17 1. e SANTA MONICA Mt.::-lICIPAL CODE e 228-B R'I'5 ARTICLE XI - ELECTIONS CODe Chapter 1 - ELECTIONS SECTION 11000 Nomination or C....di. dlltes. "iot earber than the 1 I 3th day nor later . thAA 5-00 p m on the 88th day before a mumcl- pal electIOn, the vot.ers may nommate candl- dates for electlon by signing a nomInation petitIOn If nommaUon papeJ'!l for AAInCumbent officer are not flied by 5 00 P m on the 88th day before the election, the voters shall haw until 500 P m on the 83rd day before the election to nommate candIdates other thlUl the Incumbent for the elective office Each candIdate 5hall be proposed by not less than one hundred ClOD} regiStered voters, but only one C8lIdldate may be named In anyone nommatJon petition Any person regIStered to vote at the election may CIrCulate a nommatJon petition Where there are full terms and short terms to be filed, the term shall be specIfied in the nomination petitIOn SECTION l120t Intent and Purpose. h I~ Ihe Inlenl of Ihe Cay Council of the Cuy of Sama MOnica In enacung thIS ordmance to plaC'e reahsuc and enforceable hmlts on contnbullons to pohllcal campaigns In munICipal electlons as well as hmu the amoun t ..... hlCh a candIdate can expend on a ~ampalgn [0 be ele~ted to mumclpal office The purpose for \\hlCh thiS ordmance IS being enacted IS to prevent the exercise bl' campaign contrIbutIons of potentlal undue or Improper mfluence over elected offICials and to ensure agamst a candidate bemg elected or a measure bemg passed based prlmanh" on the amount expended on a campaign It IS also [he In[ent and purpose of the em CouncIl of the Cn\' of Santa Monica to pro\ Ide a body of unq~estloned tntegrlty to assure enforcement of not only the regulanons on contnbutlons and ex. pendltures but all prOVISIons relating to elc:cllon fair practlces enumerated herem 11 IS also the lntenl and purpose of the Cltv Council of tAe CII'" of Santa MOnica to pro\ Ide for the \\ IdesI possible dlS\emlnatlon of Informanon concerning candldales and measures tn local elections The elI' (ounCII hnds that mUniCIpal elecllom are mUnlclpal affaIrs and ccn- \equentl\ a charter Clt\" IS not preempted by ~eneral ~late la..... from regula ling con- lnbl.ltlons SECTION] 1202 Dennilions. A. Candidate. "Candidate" means an 111 dlVldual who IS listed on the ballot or who has quahfled to }lave wnte.m votes on such person's behalf counted by election offICials for the nomination for election to the Santa Momca CIty CouncIl. Santa MonICa. Umbed School DIstrict Board of EducatIon. or San- ta Montea Community College Board of Trustees. or who receiVes a contnbutIon or makes an expenditure or gives conseot for any otber person to receIve a contnbutlon or to make an expend1ture with a VleW to bnng- mg about such person's nornmatlon or eJec- hon to such offIce, whether or not the specIfIC elective ofhce for which such person will !>eek nomination or election IS known at the nIDe the contnbuuon 15 rece1ved or the ex- penditure IS made. a.nd whether or not such person has announced candtdacy Of filed a declaratlOn of canduiacy at such Orne "Candidate" also mcludes any office holder who IS subject of a recall petltlon. B Expenditure. "Expendllure" means a payment. a farglVcness af a loan. a payment of a loan by a thIrd party. or an enforceable promise to make a paymenlllnless It 15 dellr from the surroundmg Circumstances that It IS not made for the purpose of promotmg. demoting or commentIng upon an election Item C Commiuee. "Committee" means any person or comblnatlon of persons who dlrectlv or mdlrectlv receives contnbuttons or makes expendltu'res or contributions for the purpose of mfluenclng or attempting to mfluence the action of the voters for or agamst the nommatmn or election of one (11 or more candIdates or 10 support of or In oppo'illlon to a measure F Election. "Election" means any general spectal. or recall election held 10 elecl or remove a member of Ihe Santa ""'omca CII, Cauncll. the Santa "'tomca Umfted School Dtstrrc[ Board of Educallon or the Board of Trustees of the Sanla Monica Community College or 10 \'otc on any measure G Voting Age Populallon. "Voung Age Populallon' means the populallon cf the C\t\' of Santa MOnica or thl: area <oefved b" other elected offiCials aged elghleen (18) years or over a~ delermtned bv Ihe United St4te~ Secrelary of Commerce pUl"'Ouant 10 Sol ll11Z11 A.... .,M. ., ll11Ct1 MofIN 121171 SIt 'UND 1IIIIr... .,lId. 'UIIICI:S ~. '21nl Sol I12DZE .... ..Old .nllCtS -",... 12 '211 e ... ,. See 11202J Am...od ~! 0,. "'D9CCS .dOOl" 1212 "8 '- e S~....T -\ MO....YC -\ "'L 'liICIP.\L CODE e 228-C R i)c) Section 104(a)5 of the Federal Election Campaign ~ct of 19-1 If for any reason. no such determmanon IS made. the com. miSSIOn shall from l1me TO tIme. determIne the young age populatlOn from the best readllv avaIlable sources of Informatlon H CommissIOn. CommISSion" means the Sama \1onlca Fair Election Pracnces CommIssion I Payment. 'Payment" means a pa~"ment. distributIon transfer. loan. ad. \'ance. deposit. g1ft or other rendenng of money. prope!"1v. sernce or anvthmg else of value. ",hether tangJbie or intangible 1 Contribution. . Contnbuuon" means a pa\ mem a forgiveness of loan a payment of a loan b\' a third party. or an enforceable promise ~o "!lake .l payment except to the extent that full and adequate conSideration IS receIved unless :t 15 clear from the surroundmg cIrcumstances that It IS not 'I1ade for the i'urpose of promonng. demonnll' or comrnennnll' on an election lteTTI ;\n- e,<oendlture mad'e at the behest of t"le candidate. committee or elected oi- flcer IS a contribution to ~he candIdate commmee or elected off.cer unless full and ade~uate conslderallon IS receIved for "!lakmg the e,<pendnure The term contrOutlon" also :nc!udes the purer ase 0 f ~IC kets for eve'lts such as d:nners. luncheon, rallles. and SImIlar fund- ralsmg events. the candIdate's own money or propenv used on behali of hiS candldacv, !he granting of discount or rebate not ex- te'1ded '0 the public generaliv or 'he gran- ~'ng oi dIscounts or rebates not e,<tended '0 'he pubbc generallY or the grantmg of dls\:oums or rebates bv relev1S1on and raolo stations and 'le\\ spapers nOT extended on an equal baSIS to all candIdates for the same ofi'ce 'he pa~mem of compensanon by am person for the personal servIces or e'<penses of any person If such servll:es are rendered or exoenses mcun-ed on behalf of the candi- date or committee WIthout payment of full and adequate consIderatIOn Tl-te te~m 'contnbutlon further ;ncludes an\ -ransier or anythmg of value recel\'ed b~ a cornmH'ee from another comrrJttee T1e 'crm . ~ontrlbutlon does n~t 'nc!ude amounts ~eCel\ ed ;Jursuanr .0 an en- forceaoie ;:Jromlse to the e,<tenr ['tat sOleh amounts :1a~e pre\lous[y been reoorted as a comnbuuon Howe~er. ~he iaet that such amounts 'la,-e bee., receIved 5hall be In- dlcated In ~he aporopnate campaIgn statements Notwlthstandmg the foregOltT g deflrl1l'on of' conmbutlon:' tre term does not mclude volunteer personal services or pa\'menrs made by any lnOlvldual for hIS o\\n tra\"ei expenses If such payments are \'oiuntanlv madE without any understandmg or agreemt'nt thar they shall be directly or 'n- dIrectly repaid to him K Meuure. '\1easure" means any (It v Charter Amer'dmem, or other proposltLon or other bond Issue which IS submitted to a popular vote at an election by actIOn of a le~nslat1ve bod~ or which IS submitted or IS Intended to be submitted '0 a popular vote at an election by Imtlatl\'e. referendum or recall procedure .....hether or not tt quahf'es for the ballot L Proponement of a \1easure. 'ProDonem of a ~1easure' means a nerson or grouo of persons orgamzed for the pur- pose of em:ulaung a petluon for the qualifIcation of a measure on the ballot In a mUfilclpal elecllon or for the purpose oi ob- tammg the passage of a measure that has ~uaidled ror the ballot In a mumc\pai elec- tion \1 Opponent of a Mellliure. 'Oopone'lt of a 'v1easure' means a person or grouo of perso'ls orgamzed for the purpose of 00- posmg the clrculatlOn or a Dent.on for ~he qualifIcation of a measure on the ballot 'n a mumclDal elecllon or for 'he ?ur;)ose of op- pOSing 'he passage of a measure ,hat 'tas been quahhect for the baliot In a mUTIlclpal electIon N Election hem. 'Election Item' shall mean each offIce that Will be Uled by 3n electlon and each measure that "'Ill be ap- proved or dlsappro\"ed b., an electIon SECTION 11203 Fair Election PT3CtlceS CommISSion. There shall be a F air Election PractlCes CommiSSion conslstLn2" of seven (.,.) IT'e-nbers Selection of members of the CommiSSIOn shall be In random man'1er from a list of 'lommees submltled to 'lte ell\' Clerk selected m the foilov.lnil ...,an- ner each "llember of the Cm (.;)uncll each member of the Board oi Education each 'TIember oi ,he Community College Board of Trustees, and each ~rson who was a can- dIdate i"l the last election ror Ihe Ctv Coun cll or 'he Board of Educanon or Communlt, 50< 11 ZIl3 Added '1 a~ f979CCS AdO~" '1'2 1T 7. e SANTA MONICA MUNICIPAL CODE ~ College Board of Trustees who received votes equal to at least ten (1O"T0) percent of the ballot' ~ cast shall name one (l l nommee Each nommee must be a resIdent of Santa MORlca \\ ho has agreed to Sit on the com. mISSIon If selected If the Initial subml~~lon of nommees does not produce suffIcient qualified persons, the mdlvlduals listed above shall each be requested to submit two (2) additional nommees To be ehglble for appomtment nommees shall neither hold pubhc office or employment. nor be a can- didate for any publ",: offtce or pmlllon From the list of nommees selected In the manner descflbed above the seven (7l per- sons to sit on the commiSSion shan be selec- ted at random at a regul,ulv scheduled CItV CouncLl meellng . - The members of the Fair ElectIOn Pmc- lIces Commission shall serve for a term of SIX (6) years and until their ~specu\e suc- cessors are appomted and qualified The terms of such members shall be staggered so that the terms of at least ~o (2) but not more than three (3) thereof shall e>::plre on every other July 1st begmnmg Julv 1 1975 and except on Jul)' 1. 1979. the terms of three [}) members shall e'l(plre The terms of the members ftrst appomted to such com. mISSIOn shall be determmed bv a casnng of lots to determine ",hlch t\l.O (2l of tlie memo bers fust J.ppomted shall sene onlv unul Ju1\ 1 1975 and ",hlch 1\1.0 (2) members shall sen'e onh unul Jul~' 1. 19i7 The remalOmg members of the fIrst commiSSIon shall sen'e unnl Julv 1 1979 Thereafter the term of each member shall run a penod of Sl'( ~6) ~ears 4.ny \acann on the com- miSSion shall be filled lfl the follo\l. mg man- ner each candIdate m the most recent elec- tion for Clh CounCil the Board of Education and the Communlt) College Board of Trustees ",ho recel\ed vOles equal to at least ten (10"-"0) pen.em of the ballots cast shall ha\e the nght to make one (l) nommatlOn From those nomlflaUon~. sub- mitted to Ihe ClI~ Clerk Ihe number of per son~ needed to complete the board shall be selecled at random If the number of nommallon~ IS not suffiCIent to co\er the \ ac..mCle~ e'l(lslmg on the board those people eligIble to submit nommatlons shall be rE:que~led to nommate 1\\0 (2) perwno; ea~h for the \ acancle' before the random ,elc('llon I, made to flll the vacanCIE:O; al a regu).ulv ,..heduled Cm" Council meetm~ ( << " '- ( ~ e .~"'- ~~. .....~- ~::..~- - 228-D R.6Q SECTION J 1204 Fair EIedien Praetlces CommiuiGn - Pe... .... Dades. The FaIr Election Practices CommISsIOn shall have the power and be requared tD (a) RevIew aDd eumLne aU campalgns statements requU'ed to be filed WIth the CIty Oerk and approve those whu:h comply ..,th the City and State Code requirements. - (b) ReceIve complaLnts filed With the CIty Oerk submitted under penalty of pefJury and mformatlon c:ort'Oboratmg such com- plamts from aD)' person who believes that a VIOlation of any portIOn of any ordmance or of any law relaung to elections or election practtces has occurred. On recerpt of such a complalOt the commiSSIOn shall investIgate and sball determine wtthm 30 days whether or not Ihere IS probable cause that a "olatlon has occurred. (e) The CommISSion shall have such In- \e5ugauve po\\en as are necessary for the performance of Its duties under this or- dmance and shall have subpoena powers The commiSSIOn shall. upon request. be fur- nished records of campalgn contnbutlons ano ~xpendltures by the City Clerk and b~ each candldlate. committee or treasurer Prosecutions undertaken as a result of thiS tnvesugauon of alleged comPI.lOts shall be referred to the Dlstnct Attorney or any other prosecutorla! body havmg the po\\er to act thereon The City Attorney of the City of Santa Montca will have no duties or powen relative to the enforcement of thiS ordlRance (d) The Clerk. shall transmu to the com- miSSion all matenals receIved from or on behalf of the cand1dates or committees or copIes thereof for concurrence as reqUIred by the terms of thIS chapter (e) The commISSIOn shall have the pov.er and be ~qulred to formulate rules and regulations for the performance of Its duties and the conduct of Its tnve5ttgatlons and shall bave the power to amend slud rules and regulauoDs from time to time SECTION 11205 Removal From Office of Fair Election Practices CommissiDn Member. No member of the Fair Electlon Pracllces CommISSion shall be removed from hiS term of offtce except by unammous vote of the CIty CounCil on good cause s ho\l. n or as otherwise proVided by law ... -- ~-. - -------------- ",. ~- --- ---- sa. 111M - lor'" nna:s ....... U 17 74 S. llZMI .... lor" 11111I%I ,.... 11012-71 Sa na. ..... ...... 11111I%I ....... nUll I&. 112M! - IlrIlN 1I1111Ct1 ....... UU7I 1a11!M1 0IIIlIIII ..1Inl 1I1D1t:C1 ........ 1z.1~ 11 toe. 11211I .... lor'" ftnt:a ....... 11 17 74 SIc I1lt7 - "IN 11111CCS --- 1111 71 t i i i f 1 , i , i ~ I i " ,- i f .~ i t ~ ) ~ 'I < e SecllZ11 AIIIIoII bfOIll 1t7!ItU ..... 111774 IIICI A.._ DyOnl ,,109CCS MIIIIK 11 1171 !leO 11111U AlIIlIII DyM. " I141CtS 111171 ...... 11209 AJt\t>-t\ded b~ Ord "'1266('("" ....."p,l"d 12HSZ SIt 11210 "'11I"" DyOIll t1 o.l6CCS ".~ 1112 75 e e SA"''TA MONICA MLNIClPAL CODE SECTroN 11208 Filing of Statements. Each candidate and each committee sup- pamng or opposUlg a candldlate OT can- dIdates or measure or measures and each membe" of the Cltv Council of the Cltv of Santa MOnica. Cndled School Dlstnct Board of Educal10n or Santa MOnica Cltv College Board of Trustees shall hIe wlth th~ City Clerk each statement reqUired under Chapter 4 of Title 9 of the Government Code (Pollncal Reform Act of 1974) SECTION 11208A Late FiUnl Fee. Any filing requIred to be made pursuant to Chapter 2 of Arncle 11 of the MUniCipal Code ....h:ch tS not made on or hefore the date required shall be subject to a late hhng fee m the sum of Ten ($10) Dollars per day for each day that said hling IS not made. .... hleh fee shall be assessed bv the F atr Elec- non Pracnces Commission and collected bv the t:lt)' Clerk. prOVided. however that an)' such late flltng fee should not exceed One Hundred ($ 100) DOllars SECTION 11209 Ll.D1itatJon8 OD Contrl- butlOI1ll (a) No person other than a candIdate when contnbutmg to h1s or her own campaJgll shall mJlk.,. and no camplUgI1 treasurer shall Sohclt or accept, any contnbutJon to the campll1gl1 of a cand1date for election wmch will cause the total amount contnbuted by such person to such cand1date to esceed two (2) cents multlphed by the votmg' age population Nothmg m tms llIectJon or ill this Code IlIhall hm.1t the nght of any penlon to make or accept contnbutJons to ballot measure campl1.lgIls (hI ElLcept BB prOVided m SectIon 11210, no contnbutlOn shall be penmtted except when the legal name of the perllon or orgaIuZ8.tJOn who offera the contnbutJon 18 dac1O!led Contnbutions under assumed name!! or contnbutJon!l offered by m<hV1duals who are actmg as condUJ.t!l or agents for other mdn'lduals or Interests are prohibited SECTION 11210 Anonymous Con- nibul1ons, The total anonymous con- tnbutlons to a candidate or committee whIch IS to exceed In the aggregate $100 wnh respect to a smgle election shall not be e 228-E R 70 used by the candidate or committee for whom It was mtended To the extent that the total anonymous contrlbuttons exceed that amount the excess shall be forfened Im- medlatelv to the CltV Treasurer Where con- tnbutlon's are recel~ed at a group event. the treasurer or representanve of the candidate or commlttee at said event msofar as IS practIcable shall lISt the names and ad- dresses of those persons who contnbute at said event and shall cendy as to the ac- curacv of saId Itst and shall lIst the total contnbutions receiVed at each such event SECTION 11211 Printed Literature. All lt~rature that IS pnnted by or on behalf of a candIdate or a committee, Includmg. but not limited to. small cards and billboards. shalt be IdentIfied with the names and ad- dresses of the pnnter or chaIrman and secretary, or at least two officers of the polItical group OT organIZatIOn on whose behalf or order the same 1S pnnted Such Idennflca110n of sald penom shan be prm- ted legtblv and shall be appropnate to the Size and type of the lIterature but m no event shall such pnnnng be less than m SIX (6J pOint type SECTION 11212 Candidate's Statement of Qualifications. Each candidate for Cltv CaUDell Soard of Educat1\}!1. of the Santa \1omca Umfled School District. or the Commumty College Board District. or Commumty College Board of Trustees may prepare a statement of qualification on an appropnate form prOVIded b~' the Cm' Clerk Such statement mal' mclude the name. age and occupanon of the cllndldate and a bnef descrlpnon of no more than t\\O hundred (200) .....ords of the cand1date's educa!lon and quallf1catlons expressed bv the candIdate Such statement shall be hied In the office of the Cm Clerk", hen the car-- dldate s nommanon papers are returned {{II' filing It mal' be \\.llhdra"n out not changed durmg the perlod ior hhng nommanon papers and until 5 00 P m of SIC I1nl .... IIylllll ,,~ -.. " 17 l' S.. 1U12 Addof '~Olll "no:s ~ 17 1114 ~ -- $Ie Hl1J MRd ~'O.. llnees ......... U 17 74 e SANTA MONICA MUNICIPAL CODE the ne-,;t workmg day after the close of the nommatlon penod The C It V Cler).: shall send to each voter together WIth a sample ballot. a voter's pamphlet which contains the written statemen ts of each candldate's qualifications that IS prepared pursuant to thiS section The statement of each can- didate shall be prmted m type of umform size and darkness and With undorm spacing The CIt). Clerk shall provide for or cerhf)' a Spanish translation to those can- didates wl10 Wish to have one, and shall select a person where needed to proVide such translahon from the hst of approved Spal1lsh language translators and m- terpreters of the Supenor Court or from an mstltuhon accredited by the Western ASSOCIation of Schools and Colleges The costs of prmtlng. handlmg and tran- slatmg of any statement submitted pursuant to thiS section shall be paId by the City The City Clerk shall reject any statement ",hleh contains an.. ohscer.e. ,>ulgar profane scandalous. hbelous or defamatory matter or any language whIch In an} way incites counsels. promotes or advocates hatred abuse. Violence or hostlhtv toward or "hleh lends [0 cast ruilcule or shame upon any persons by reason of race. color religIon or manner of "'orshlp. or an) language or matter the cm:ulallon of whtch through tne mati IS prohibited by Congress Nothing In thiS section shall be deemed to make any such statement or the authors Ihereof f;ee or exempt from any Cll'll or crlmmal aCl\on or penalty bel;au~e of an~ false or hbelous statemenrs offered for prm- ling or contained m the voter s pamphlet SECTION 12] 13 Distribution of Sewslt'uer Prohibited During Campaign. No ne.... sleller or Similar matter shall be cir- culated b\' mass malhng or SImIlar method h\' the CIlV CouncIl. Board of EducatIOn of the Santa-MOnica Unified School DlstrlCl Communll~' College Board of Truslees or theIr admlnl!>tratwe offtcers "'!thin slxty- e1ghl (68) day~ pnor to any elechon to selecl members of said bodys or to approve or dl~arpro\C an\< ballot meamre e 228- F R-61 SEC'l10N 11214 Ballot Order. In any elec- ~. tron for Ctty Counal. Schoo] Bo&rd of the ..,. On! Santa Monica Umfied School IhBtnct or Board ftl14CCS of Trustees of the CommUJl.1ty College. the ~ order m wluch the name shall appelll" on the I 23- 9 ballot, shall be detern:uned by a eastmg of lots The ballot order of all candIdates, propoSltlOns and ballot measures shall be the same as the order whICh 18 drawn from S8.1d lots SECf]ON 11215. DlstnbutlOn of in- formation for CandIdates and Committees [n order to Insure that each candtdate and proponent or opponent of a measure has full opportumty to understand and fulfill the requarements of the state and Mumclpal Code. the latest revlslOn of the State of Cahfomla [nformanon Manual on Cam- paIgn DIsclosure ProvlS10ns of the Pohttcal Reform Act and a schedule outhmng re- qUired hltngs of campaign statements In addltJon, candidates are to receIve a list outhmng basiC mumclpal candIdacy re- qUirements $Ie nf1S ... ~ranl f11111Cl:S ..... 121111 e e APPENDIX B "'---- ~ , , e .. AdIll,n,.rat.OfI .. Enclltive/letal .. hl_nl .. 5tatellllIftll of EconOlll'C Intwal (9161 322-5662 322-5660 322-$901 322-6441 322~ SUMMARY OF LOCAL CAMPAIGN DISCLOSURE AND CONTRIBUTION LIMITATION ORDINANCES ISSUED MARCH 1985 Commissioners: Dan Stanford, Chalrman Llrn P. Lee H. Douglas Lemons Mlchael B. ,~ontgomery Stanley M. Roden ~ ~ It e TABLE OF CONTENTS Page Introduction iii Summary of Provisions of Local Ordinances by SubJect Matter Additional Pre-Election Campaign Statements 1 Advertising Rates 1 Anonymous Contribut~ons 1 Aud~ ts of Campaign Statements 2 Bank Account Requ1red 2 Cash Contributions 2 Comrn1ttee - Definition 2 Contribution D1sclosure 2 Contr1but1on Exclusions 3 Contribution Lim1 tations 4 Contribut~ons - Time Lirn1t for Receipt 5 Controlled Committee - One per Candidate 5 Disqua11f1cation from Voting on Matters Which Affect Campa~gn Contributors 5 Endorsement on Campaign Mater1al 5 Expenditure Disclosure 5 Expenditures Estimated Prior to Election 6 Expenditures Not Controlled by Candidate 6 Extens10ns of Credit 6 Fa11ure to File Campaign Statements 6 Fa1r Campaign Pract1ces Commission 7 Fair Campaign Practices Pledge 7 Late Contr1but1ons 7 Mass Mail~ng Identificat10n 7 Mass Ma1lings Sent to Local Agency 7 Pa1d Circulators of Pet1t~ons prohlbited 8 PenaJties - May Not Assume off1ce if Convicted 8 Proh1b1t1on on Contr1but1ons by Cable Television LobbY1ng Ent1tles 8 Proh1bit1on on Contrlbutlons by City Contractors 8 Prohibltlon on Contrlbut1ons from Clty Llcensees 8 Prohlbltlon on Contrlbut1ons by Non-Individuals 8 Publlcatlon of Carnpalgn Contrlbut~ons 9 Statement of Organlzatlon Filed Wlth Local ~gency 9 Surplus Funds 9 1 ~ ...... e TABLE OF CONTENTS {cant} C2ties and counties Wh2Ch Have Adopted Campaign Ordlnances Adelanto Berkeley Chico Concord Contra Costa County Coronado Culver C~ty DaV1S Del Mar Dublln Escondida Fountain Valley Fremont Fresno Fresno County Gardena Gl.lroy Grand Terrace Huntington Beach Irvl.ne Llvermore Los Angeles (proposed) Newport Beach Orange County Palo Alto Pasadena poway Rosevl11e Sacramento San Dlego San Diego County San Francl.sco San Jose San Juan Caplstrano San LU1S OblSpO San Mateo County Santa Cruz Santa Cruz County Santa Monlca Sonoma County South San FranC1SCO Westmlnster li ... - Page 10 11 14 15 16 18 19 20 22 23 24 25 26 27 28 29 30 31 32 33 34 36 39 40 43 44 45 48 49 51 53 55 57 59 60 62 63 66 69 70 71 72 - e INTRODUCTION Californ1a.s Political Reform Act of 1974 allows citles and counties to adopt local campa1gn ordinances wh1ch further the purposes of the Act and do not conflict with any of 1ts provis10ns. Forty-three cities and counties have adopted such ord1nances. However, the clties of Cypress and San Rafael repealed the1r local campaign ordinances which were adopted in 1978 and 1983, respectively. The Los Angeles Clty Council recently approved a charter amendment relat1ng to campalgn contrl- but10ns WhlCh w~ll become effective only 1f approved by the voters on Apr11 9, 1985. Provis1ons of the amendment are summarized under the C1ty.S 11sting 1n the second part of thlS report. This report provides an alphabet1cal list1ng of each city or county with a summary of the ordinance that has been adopted. An index, beginning on page 1, llsts major prov~sions of the local ord1nances by subject matter and the clties or count1es WhlCh have adopted such provisions. Many local ordinances: Q Prohiblt certain entities from contributing to campaigns; o Llmit the amount that may be contrlbuted to campaigns by businesses, political action committees and indlvlduals; o Reou1re lower levels of ltemlzatlon of campalgn contributors: o Lim1t extenSlons of credit to campaigns; o Requlre additlonal campalgn statements to be filed before local elections: o Impose separate penalties for vlolations of local ordinances; o Require l~sts of campaign contributors to be publlshed ln newspapers. Local ord1nances are ~nterpreted and enforced by each c~ty or county. The FalX Pol~t~cal Practices Commisslon does not lnterpret local ordinances. Coples of a local ordinance may be obtalned from the Clty or County Clerk or from the Falr Pol~tical Practlces Commisslon. lil ~,~ - ~ - . SUMMARY OF LOCAL ORDINANCES BY SUBJECT MATTER Add~tional Pre-Election Campaign Statements Contra Costa County - Fr~day noon before election DaV1S - Fr~day before election Dublin - 5 days before election . Irvine - Friday noon before election Livermore - 5 days before electlon poway - Friday before election Roseville - Wednesday before elect~on San Jose - 5 days before elect~on San Luis Obispo (city) - Wednesday before election Santa Cruz (city) - Friday before election Santa Cruz (county) - Friday before election Advertis1ng Rates - Must Be Lowest Rate Offered San Diego (c~ty) San Diego (county) Santa Cruz (county) ) Anonymous Contribut~ons . ~ Adelanto - may not be received 2n an aggregate amount of more than $.15 per reg2stered voter Berkeley - may not be made or rece1ved if $50 or more Davis - may not be made or received if over $10 Escondido - may not be received in an aggregate amount of more than $200 per election Gardena - $50 per person; $500 in the aggregate for each campa1gn Livermore - may be received up to an aggregate amount of $50 per report2ng period Newport Beach - prohibited completely Palo Alto - may not be made or received ~f $50 or more in a calendar year poway - may not exceed $10 Rosev~lle may not be rece1ved in an aggregate amount of more than $75 per elect20n San Diego (Clty) - may not be rece1ved in an aggregate amount of more than $200 per election San Diego (county) - may not be received in an aggr~ga~e amount of more than $200 per election San Jose - prohibited completely San Juan Capistrano - may not exceed $200 in an aggregate amount per elect~on -1- . ~ Anonymous Contribut1ons (cont) San Luis Ob~spo (city) - may not exceed $25 Santa Mon1ca - total rece~ved by cand1date or committee may not exceed $100 in the aggregate Sonoma County - prohibited completely Westminster - may not be received in an aggregate amount of more than $2500 per election Aud~ts of Campa1gn Statements Berkeley Bank Account Required Berkeley poway San Diego (city) San Dlego (county) San Francisco San Luis Obispo (c~ty) Santa Cruz (C1ty) Santa Cruz (county) Cash Contribut1ons Berkeley - lim1ted to under $50 Commlttee - Definition Berkeley - person who has ra1sed $250 or more Contr1but1on Disclosure Adelanto - $25 or more Berkeley - $50 or more for first $1500; after raising $1500 all contr1butors must be listed Contra Costa County - $25 or more Coronado - $5 or more Culver Clty - over $50 Davis - $10 or more -2- ~ . contr~bution Disclosure (con~ Fresno (county) - $25 or more Livermore - over $10 Newport Beach - all contr~but~ons Palo Alto - $50 or more Poway - $25 or more; any contributor who is a non-indiv~dual shall disclose persons owning more than a 10% proprietary or vot~ng interest in the ent1ty Rosev~lle - $75 or more San Luis Ob~spo (city) - over $25 Santa Cruz (city) - $75 or more contribut~on - Additional Exclusions from Definition Berkeley - food and beverage of not more than $50 and use of real or personal property of not more than $50 Del Mar - the first $15 spent for refreshments at a private h~e Roseville - f~rst $200 spent on event for candidate/committee where no contribut~ons are raised San D~ego (c~ty) - event where the cost 15 $200 or less and no contributlons are raised San Diego (county) - event where the cost is $200 or less and no contributlons are raised San Mateo (county) - use of real or personal property and the cost of invitat10ns, food and beverage; sale of food or beverage by vendor If vendor charges at least cost Santa Cruz (city) - excludes payment by occupant of home or office for costs related to meeting or fundralsing event held 1n occupant's home or offlce lf the cost of the event is $200 or less Santa Cruz (county) - excludes cost of event where cost is no more than $200: candidate's own money or property -3- . . Contr1but~on Limitat10ns for Contr1butors Berkeley - $250 per candidate per elect10n Chico - $1,000 cumulat1ve figure covering preceding IS-month period Contra Costa county - $500 per candidate per elect10n cycle for non PACs; $15,000 per candidate per election cycle from PACs; $10,000 per candidate per election cycle for in-kind contr1but1ons of office space/ equipment (see list1ng under county) Davis - $50 per cand1date per election Dublin - $100 per candldate per election Del Mar - $20 per candidate per elect10n Dublin - $100 per cand1date per election Escondida - $250 per cand1date per election Fountaln Valley - $500 per candidate per election Fremont - $250 per candidate per election Fresno (city) - $375 per candidate per election Gardena - $500 per cand~date per election Gilroy - $200 per candidate per election Grand Terrace - $250 per candidate per calendar year Huntlngton Beach - $300 per candidate from non PACs; $1500 per candidate from PACs IrV1ne - $250 per candidate per election cycle (th~s figure is adjusted annually per the cost of living) Livermore - $50 per cand1date per election Newport Beach - $200 per candidate per single election Orange county - County Influence Brokers may not contr1bute more than $766 a year to members of the Board Poway - $100 per cand1date per election Sacramento - Council races: S500 per candidate from non PACs; $1500 per cand1date from PACs; $250 in add1t1on to above, for runoff election. Mayoral races: $1000 per candidate from non PACs; $3,000 per cand1date from PACS; $500 1n add~tion to above, for runoff election. NOTE: Limitations do not apply unt11 candidate has rece1ved $10,000 1n contr1hutions. See listing under city re exceptlon for use of personal funds. San D~ego (Clty) - $250 per cand1date per election San D~ego (county) - $250 per candidate per election San Franc1sco (city and county) - $1000 per election, $250 ln addition to $1000, per runoff. San Jose - $250 per council cand1date per elect1on; $500 per mayoral candidate per e1ect1on; $500 per ~ndependent committee San Juan Caplstrano - $100 per candldate per electlon; $100 per ballot measure campalgn San LU1s Obispo (Clty) - $100 per cand1date per election San Mateo (county) - $500 per candidate per elect10n -4- - e Qontr1bution Limitations (con~ Santa Cruz (city) - $75 per candidate per election; $75 to any business or labor committee Santa Cruz (county) - $200 per candidate per election by individual or general committee; $600 per candidate per election by business or labor union committee Santa Monica - $.02 times the voting age population per candidate or measure Sonoma (county) - $1000 per candidate per election Westminster - $250 per candidate per election Contributions - Time Limit for Receipt Dublin - may only be received between 58 days after the election and 5 days before the next election Livermore - may only be received between 58 days after the election and 5 days before the next election San Francisco - may not accept contributions until declaration of intent is filed Controlled Committee - One per Candidate San Jose San Luis Obispo (city) Disqualification from Voting on Matters Which Affect Carnpai9n Contrlbutors Orange County Endorsement on Cam~ai~n ~~terial Must Have Consent of Person Orange County Expend~ture Disclosure Berkeley - $50 or more Coronado - $5 or more Dav1s - $25 or more Dub11n - over $25 L~vermore - over $10 Newport Beach - all vendors must be disclosed Poway - over $25 Santa Cruz (C1ty) - over $75 -5- - . Expenditures Estimated Pr~or to Electlon Dav~s Santa Cruz (Clty) Santa Cruz (county) Expendltures Not Controlled by Candidate Contra Costa County - independent expendlture committees located outside the county must flle with the county clerk Gardena - must include a statement that expenditures were not authorized by candidate poway - must include a statement that expenditures were not authorized by candidate San Diego (Clty) - must include a statement that expenditures were not authorized by candidate San Diego (county) - must include a statement that expendltures were not author1zed by candldate San Francisco - must include a statement that expenditures were not authorized by candidate; independent expenditure of $75 or more triggers fi11ng requlrement Santa Cruz - independent expend1ture of $75 or more trlggers filing requirement Extensions of credlt Del Mar - extendlng credlt for more than 30 days or $25 ~s prohibited Escondldo - extending credlt for more than 60 days or $250 is prohibited San Dlego (Clty) - extending credit for more than 30 days or $250 is prohiblted San Dlego (county) - extending credit for more than 30 days or $250 lS prohlblted Fallure to File Campalgn Statements - Candldates May Not Assume Offlce Until FlIed Coronado Dublln Livermore San Dlego (county) San FranC1SCO San Luis Obispo (city) - officlal may not be pald for the perlod in which campalgn statements are not flled -6- e Fa~r Campalgn Practices Commission Berkeley Orange County Santa Monica Falr Campaign Practices Pledge Contra Costa County (voluntary) Pasadena (voluntary) Sacramento (voluntary) Late Contributions Berkeley - $100 or more Hunt1ngton Beach - $200 or more Newport Beach - $50 or more San Jose - $250 or more San LU1S OblSpO - over $10 Mass Malling Identification Santa Mon1ca Mass Maillngs Sent to Local Agency Berkeley Orange County - all l1terature -7- . - . Pa1d C~rculators of Pet1tlons Proh1b1ted Berkeley Penalt~es - May Not Assume or Hold Office if Conv~cted Adelanto Berkeley Chico Davis Escondldo Fremont Gllroy Newport Beach poway Rosevll1e Sacramento San Diego (c~ty) San Francisco San Jose - upon second violatlon San Luis Obispo (city) Wes tnl1ns ter Proh~bition on Contributlons by Cable Televislon Lobbying Entities Palo Alto - contribut~ons to city council candidates may not be made 1n last 30 days before electlon Prohib~tion on Contr~butions by C1ty Contractors Gardena poway Proh1b1t1on on Contr~butions from C1ty LicenseeS South San Francisco Proh1bltlon on Contrlbutlons by Non-Indlvlduals Berkeley - prohlbitlon limlted to corporatlons, buslnesses and labor unions San D1.ego (city) San Dlego (county) Santa Cruz (county) - prohibitlon lim1.ted to corporat1.ons, businesses and labor unions -8- e e Publ~catlon of Campaign Contrlbutions Berkeley - 7 days before election Palo Alto - Friday before election Rosevl11e - within 7 days of receiving information San Jose - 2 days before electlon San Lu~s Obispo (city) - Saturday before election Statement of Organlzation FlIed With Local A~ency Berkeley Concord Del Mar Orange County Pasadena Santa Cruz (Clty) Santa Cruz (county) Survlus Funds poway - must be given to the Clty or a non-profit organlzation San FranC1SCO - must be returned to contributor, donated to a charitable organizat~on or transferred to another committee of the candidate San LU1S OblSpO (city) - must be glven to the city or a non-proflt organizatlon -9- . . . . ADELANTO Adopted November 26, 1974 Requirements Beyond Those in the Political Reform Act Contrlbutlon Dlsclosure For a contrlbution of $25 or more, the name and address of the contrlbutor must be dlsclo5ed. Anonymous Contributions A campalgn may not receive anonymous contributlons totallng $.15 per reglstered voter ($90). Any anonymous contrlbution recelved In excess of thlS amount must be pald to the City for use In the electlon. Any anonymous contrlbution of $25 or more must be Ilsted on the campalgn statement. Penalt1es If a candldate 1S convicted of a violat1on of the ordinance, h1S or her candidacy 15 termlnated 1mIDedlately. If the candldate ~s elected and then convicted, the offlce becomes vacant lmmedlately. -10- e e BERKELEY Adopted June 4, 1974, amended November 5, 1974, November 2, 1976 and April 19, 1977 Requirements Beyond Those In the Political Reform Act Cash Contributions All monetary contrIbutIons of $50 or more must be made by written Instrument. Contrlbutlon Llmitations $250 per candidate per single electlon. Late Contribut1ons - $100 or more Late contrIbutIons are those contributions of $100 or more receIved after the last c1os1ng date before the election. Late contrlbutlons must be reported 1n the manner required by the Pol1tical Reform Act. Contribution Olsclosure A contrlbutlon totaling $50 or more must be disclosed as required by the Polit1cal Reform Act. Each cand1date and comm1ttee 1S allowed up to $1,500 of undisclosed contributIons of $50 or less for each election period. Once the $1,500 threshold has been reached, all contributlons, regardless of the1r amount, must be disclosed. Expend1ture DIsclosure For expendItures total1ng $50 or more, disclosure as required by the PolItical Reform Act. The classification of expenditures must Include a brief description of the goods and serVlces In lIeu of, or in addltion to, the codes provided on the State forms. Anonymous Contrlbut~ons Anonymous contrlbutlons of $50 or more per person in a calendar year are prohIbited. -11- e . BERKELEY (cont) Prohibition on Contributions by Corporations, Businesses and Labor Un10ns No contributions to candidates may be made or received by or from a bus1ness trust, corporation or labor union. Definition of Comm1ttee A comm~ttee 1S defined as any person who has raised or expended $250 or more in a calendar year, not $500 as required by the Pol~t~cal Reform Act. Statement of Organizat1on Filed with Local Agency Each comm~ttee must file a Statement of Organization with the Clty Clerk. Contr~bution - Exclus~ons from Definit10n Excludes from "contribution" food and beverages of not more than $50 and use of real or personal property of not more than $50. Bank Account Requlred Each cand1date and comm~ttee must establish a checking account at a bank located in the County of Alameda. Several enforcing authorit1es must be given full access to the bank records of this account. Payment of Bllls Expendltures may only be made from the campa1gn account and may only be pald after recelpt of a bill or voucher from the vendor. All payments of $50 or more must be paid by check from the account. Closlng the Bank Account The account must be closed wlth1n 90 days of the election provided that all bills have been paid and there are no outstand1ng debts. -12- . . BERKELEY (cont) Aud1ts The Berkeley Fair Campaign Practices Commission may aud1t at any time prior to the filing of or within 60 days after the filing of the final report. Publicat10n of Campaign Contribut1ons The CIty Clerk must publl~h at least seven days before the election a list of contribut~ons of over $50. Fair Campa1sn Pract1ces Commission A local commlssion 1S establlshed with very similar powers and responsib1l1ties as the State commission except that it may not levy fines. Mass Mallinss Sent to Local Agency A copy of every mass malllng (200 or more ldentlcal pIeces of mall) must be sent to the Berkeley Comm~sslon. Prohibition on Paid Circulators of Petitions No person may receive compensation for circulating ballot measure petlt1ons. PenaltIes If a candIdate 1S convIcted of a v1olation of the ordinance, his or her candIdacy 15 termInated ImmedIately. If the candIdate 15 elected and then convIcted, the offIce becomes vacant lmmedlately. -13- e CHICO Adopted December 7, 1982 Requirements Beyond Those in the Political Reform Act Contr~but~on Limitat~ons $1,000 (cumulative figure covering precedlng IB month period). Cand~date Statement Each cand~date is responsible for the payment of his or her pro rata share of the total cost of printing, handling and translat~ng such statement. Penalty Violation is a m~sdemeanor. A counciLmember or Councilmember-elect who is convicted forfeits office. -14- ~ . CONTRA COSTA (COUNTY) (cant) Contr1butlon D15closure Candldates must disclose total contributions that equal. twenty-five {$25} dollars or more and the total of contrroutions of less than that amount. For a contribution ~f $25-$100, the amount, date, and the name of contributor must be listed and also whether the contributlon is monet~ry or non-monetary. If non-monetary, the fair market value must be listed. For contrlbutions of $100 or more the dlsclosures are the same as those in Government Code Section 84211(f). Additional Pre-Electlon Campaign Statement An additional pre-election campaign statement must be filed by noon on the Frlday before the electlon with the Thursday before the elect10n as the clOSing date. Independent Expend1tures Commlttees domiciled outslde the county which make lndependent expendltures for or agalnst a candidate for county office must file a report with the County Clerk. Penalty D1strict Attorney may enforce by flling legal act1on. -17- . e CULVER CITY Adopted December 19, 1983 ~equirements Beyond Those In the Political Reform Act Contribut~on Disclosure Candldate must dlsclose total amount of contributions recelved durlng the reporting per~od from persons who have given (a) a cumulatlve amount of over $50; and (b) a cumulative amount of $50 or less. For contributlons recelved from persons who have cumulatively contributed over $50, the following must be disclosed: Full name, street address, occupation, employer, name of business if self-employed, date and amount of contributlon, interest rate lf contrlbution is a loan, and the cumulative amount of contrlbutions. -19- . e DAVIS Adopted April 2, 1975, amended January 19, 1977, August 23, 1978, December 9, 1981, February 10, 1982 and May 18, 1983. Requirements Beyond Those In the Polit1cal Reform Act Contr1but1on Disclosure For contributions totaling $10 during the period, the name of the contributor and the amount of the contribution must be llsted. Expend1ture D1sclosure For an expendlture of $25 or more, the payee's name and address as well as a description of the expenditure must be disclosed. Contributlon L1mltatlons $50 per individual contributor per election. Anonymous Contr1butlons No person may make or receive an anonymous contribution of more than $10. Addltlonal Pre-Elect1on CampaIgn Statement A fourth campaign statement must be filed no later than the Frlday before the electlon, w~th the Thursday before the elect10n as the closing date. Expendltures Estlmated Pr10r to Electlon The campa1gn statement flIed the Friday before the election must l1st ant1c1pated addltlonal expend1tures which the filer expects to be made before the election. Statement of No Act1V1ty If a candidate spends $200 or less, the candidate may file a Statement of No ACt1vlty (State law allows such a statement 1f a cand1date spends less than $500) . -20- e e DAVIS (cont) Penalty If a candidate is convicted of a vlolation of the ordinance, hlS or her cand1dacy is term1nated immediately. If the candidate is elected and then convicted, the offlce becomes vacant immedlately. -21- e e DEL MAR Adopted December 21, 1975, amended January 15, 1976 and December 10, 1977 Requirements Bevond Those in the Polltlca1~Reform Act Contribut~on Llmitations $20 per candidate per electlon. Extenslon of Credit Extendlng credit for more than 30 days is prohibited. Ex- tendlng credlt for more than $25 is prohibited. Contribution - Exclusion from Deflnltion Excludes from "contribution" the first 515 spent in a gathering at a prlvate home for the purpose of provlding refreshments. Statement of Organlzation F~led with Local Agency Each committee lnvolved in the election must file a Stateroent of Organlzatlon wlth the Clty. -22- e e DUBLIN Adopted January 9, 1984, amended January 23, 1984 Requlrements Beyond Those in the Polltical Reform Act Contribution Limitat~ons $100 per cand1date per electlon. Contribution - Time Limlt for Receipt Contributlons may be made and accepted only during the fol- 10w1ng perlod: Between 58 days after the election and five days before the next election. No contributions may be accepted after the report is flIed five ddYS before the electlon. Expenditure D1sclosure For an expenditure over $25, the payee and amount must be disclosed. Additional Pre-Election Campalgn Statement A third pre-election statement lS due f1ve days before the election with the closlng on the date of filing. Fallure to File Campai9n Statements If a candldate or the candidatels treasurer fails to file the last pre-election statement, the candloate is disqualified from being elected. However, this provision wl1l not apply to a candidate who flIes on the next worklng day If the candidate also pays a $100 flne. The failure of a successful candidate to file the final post- electlon campalgn statement before taking office wlll result ln loss of the seat. -23- e e ESCONDIDa Adopted October 14, 1983 Requ~rements Beyond Those in the Polltical Reform Act Contrlbutlon Limitations $250 per candidate per electlon. Extens10ns of Credlt Extensions of credit for more than $250 and/or 60 days are prohlblted unless such extenslons are made under terms and condltions avallable to the general public. Anonymous Contributions $200 aggregate per cand1date per election. Any anonymous contrlbutions received ~n excess of the $200 total shall be turned over to the City. Penalt1es A vlolation of the ordinance constitutes a misdemeanor. If a candidate 1S convicted of violating this ordinance, the cand1dacy shall be terminated lrnmediately. If the conviction occurs after the candldate has taken offlce, the election shall be vOld and the office vacated lmmediately. Any person convlcted of a violat~on of this ordlnance shall be ineliglble to hold any City offlce, whether electlve or appoint1ve, for a perlod of five (5) years for each such conviction. -24- e e FOUNTAIN VALLEY Adopted June 27, 1982, amended February 5, 1980 and February 9, 1982 Requirements Beyond Those In the Political Reform Act Contr~bution Limitations $500 per candidate per elect1on. -25- e e FREMONT Adopted August 12, 1975, amended January 8, 1980 and February 16, 1982 Requ~rements Beyond Those ~n the Po1~t~cal Reform Act Contr~bution LLmitations $250 per cand~date. Pena1t~es A person conv~cted of a vio1at~on of the lirn~tat~on sect~on ~s guilty of a misdemeanor and is d~squalif~ed from holdlng office and is lne11gible to be a candidate for City Councll for four years follow~ng date of conv1ction. In additlon to other penaltles, a flne of up to three tlmes the amount the person falled to report properly, or unlawfully recelved as a contrlbutlon or gift, may be imposed upon conv~ction for each violation. -26- e e FRESNO (CITY) Adopted November 29, 1973, amended December 6, 1973, Apr~1 8, 1976, December 9, 1976 and July 6, 19B4 Requ~rements Beyond Those In the Pol1tical Reform Act ContrIbutIon Limitations $375 per candidate per election. -27- e e FRESNO (COUNTY) Adopted March 23, 1976, amended May 19, 1981 Requ1rements Beyond Those In the Po11tica1 Reform Act Contributlon Dlsclosure For a monetary contribution of $25 or more, the name and address of the contrlbutor, as well as the date and amount of the contrlbutlon must be reported. -28- e e GARDENA Adopted March 9, 1976, amended October 20, 1977 and March 29, 1979 Requ~rements Beyond Those in the Pol~tical Reform Act Contrlbution Limltations $500 per cand~date per electlon. Anonymous Contributions No person may make or receive an anonymous contribut~on which will cause the total amount of anonymous contributions from one person to be $50 or more. A campa~gn may not receive more than $500 total 1n anonymous contribut1ons. P~ohibltion on Contrlbutions by C1ty Contractors Such contributlons may not be made or received during the period between the commencement of negotlations and either the termlnat10n of negot1ations or completion of the performance, whichever 15 later. Fundraislng Events The gross receipts must be reported. Expendltures Not Controlled by Candidate If such expendlture5 are made for prlnted or publlshed materlal, a statement must be clearly made that it was not authorlzed by the candldate. -29- e - GILROY Adopted March 21, 1983 Requirements Beyond Those In the Political Reform Act Contribution Limitatlons $200 per candidate per election. Penalties A v~olation of the ordinance constitutes an infraction. If a candidate is convicted of violating this ordinance, the cand~dacy shall be terminated immediately. If the conviction occurs after the candidate has taken office, the election shall be void and the office vacated immediately. -30- e e GRAND TERRACE Adopted June 28, 1984 Requirements Beyond Those in the Polltlca1 Reform Act Contributlon Limitations $250 per candidate per calendar year. Penalty Vlolatlon constitutes an infraction and violators are penallzed ~n accordance with Government Code Section 36900(b). -31- e e HUNTINGTON BEACH Adopted January 1974, amended June 1974, March 8, 1978 and October 5, 1981 ~equ~rements Beyond Th~se 1n the Polltica1 Reform Act Contributlon Llm~tations $300 per candldate from contributors other than polltlca1 actlon committees. $1,500 per candidate from political action committees. Late Contrlbut1ons Late contributions over $200 must be reported to the city clerk wlthln 48 hours. -32- - e IRVINE Adopted December 13, 1977, amended March 13, 1979 and November 27, 1981 Requirements Beyond Those 1n the Polit1cal Reform Act Contribut1on L1mitations $250 per candidate per elect~on cycle. This amount is adJusted annually according to the cost of 11v1ng. Contribution lim1ts apply to all contributions received in f1scal year of elect10n as well as the subsequent fiscal year. Add1tional Pre-Election Statement A th~rd pre-election campa1gn statement must be f11ed by noon on the Friday before the election, with a closing date of m1dnight on Wednesday. -33- . e LIVERMORE Adopted December 10, 1979, amended January 25, 1982 Requ1rements Beyond Those 1n the Po11tical Reform Act Contr1but1on Disclosure For a contr1but1on over $10, the name, mailing address, occupat1on, and place of employment, or business address 1f self-employed, of each contr1butor plus the amount of contr1- but10n must be reported. Expend1ture D1sclosure For an expend1ture of over $10, the payee and the amount must be d1sclosed. Anonymous Contr1hut1ons May be rece1ved up to an aggregate amount of $50 per report1ng per1od. Contr1but1on L1m1tat1ons $50 per cand1date per elect1on. Contr1but1on - T1me L1m1t for Rece1pt Contr1but1ons may be made and accepted only dur1ng the follow1ng per1od: Between 58 days after the elect10n and f1ve days before the next elect1on. No contr1butions may be accepted after the report 15 f1led f1ve days before the elect1on. Add1t1onal Pre-Elect1on Campa19n Statement A th1rd pre-elect1on statement 15 due f1ve days before the elect10n w1th the clos1ng date on the date of f111ng. -34- . e LIVERMORE (cant) Elected Cand1dates - Post-Election Statement Must f~le the post-election statement no later than the day before assUffi1ng off1ce. Fa1lure to F11e Campa19n Statements If a cand1date or the cand1date's treasurer fa1ls to file the last pre-election statement, the cand1date is disqualif1ed from being elected. However, th1S prov1s1on w111 not apply to a cand1date who flIes a day late If the cand1date also pays a $100 f1ne. Penalt1es M1sdemeanor penalt1es apply to Vlo1at1ons of the ordinance. W11lful fa1lure to f1le the post-elect1on report will result in the loss of the seat by a successful candidate. -35- . e LOS ANGELES The Los Angeles C~ty Counc~l has approved a charter amendment which w~ll become effect~ve only ~f approved by the voters at an elect~on to be held on Apr~l 9, 1985. Prov~sions of the proposed amendment are sumrnar~zed below. ~equirements Beyond Those in the Pol1tical Reform Act Contr~but~on Limitat~ons $500 per candidate for off~ce of City Counc~l $1000 per cand~date for off~ce of Mayor, City Attorney or Controller $500 to committees not controlled by candidates for office of Mayor, C1ty Attorney or Controller $500 1n an aggregate amount to all independent expenditure comm~ttees In add~t~on, no person may make a contr~but~on ~n connect~on w~th a single election for an elect~ve City office which would cause the aggregate amount of such contrlbut~ons by that person to exceed a sum equal to $500 multipl~ed by the number of City Council off~cers appear~ng on the ballot at that election plus $1000 multlpl1ed by the number of citywlde offlces appearlng on the ballot at that elect1on, but in no case less than SlOOO in connect1on with all candidates in that electlon seeklng elect10n to all e1ect~ve C1ty offlees. Use of Candldate's Personal Funds No cand1date shall expend or contr~bute more than $30,000 ~n personal funds to his or her carnpa1gn for elect~ve C1ty office unt~l the followlng conditions are met: 1) Notlce of lntent must be provlded to all opponents anc the City Clerk at least 30 days in advance of the electlon, speclfYlng the amount intended to be expended or contrlbuted; 2) All personal funds to be expended by the candldate in excess of $30,000 shall flrst be deposlted In the candldate's campaign contrlbution checklng account at least 30 days before the elect1on. Each opponent of any cand~date who has complied wlth the above cond~tlons shall be perm~tted to SOllClt and recelve contr~butlons In excess of the l~mlts e5tabl~shed untll such opponent has ralsed contrlbutlonS ln amounts above such 11mlts equal to the amount of personal funds deposlted by the candldate 1n hlS or her campalgn contrlbutlon checklng account. -36- . . , - e . LOS ANGELES (cont) T~me L~mlt for Rece~pt of Contrlbutlons No funds can be ralsed until a candldate has f1led a "declaratlon of lntent to SOllClt and receive contrlbutlons" speclfYlng the offlce sought, Loans For Clty Councll races, loans for more than 30 days or more than $500 are prohlb1ted. For ~ayoral, Clty Attorney or Controller races, loans for more than 30 days or more than $1000 are prohlblted. A candldate 1S not prohlb1ted from obtalnlng a personal loan of any amount from a duly llcensed flnanclal lnstltut10n ln the regular course of buslness, unless the loan 1S made for pOll tlcal purposes. Transfers Prohlblts transfers of contrlbut~ons to other candldates or ballot measure campalgns. Cash Contr1but1ons Prohlblts cash contrlbutlons over $25. Anonymous Contrlbutlons Anonymous contrlbutlons In an aggregate amount of over $200 are prohlblted. Bank Account Requlred A bank account must be establ1shed wlthln the Clty of Los Angeles. Petty Cash Fund Prohlb1ts dlsbursements over $50 per week to be used for petty cash purposes by the candldate or cornmlttee. Surplus Funds Any unexpended funds In excess of $5000 remalnlnq lD the Cam?algn checklng account of the candldate or commlttee after the date of the electlon shall elther be returned to contrlbutors on a nro rata baslS or be turned over to the Clty Treasurer or be donated to a charltable organlzatlon. -37- . e LOS ANGELES (cont) Penalt1es A v1olat1on 15 a m15demeanor. If a cand1date 15 conv1cted of a v1olat1on, the cand1dacy 15 terminated 1mmed1ately. If the cand1date 15 elected and then convicted, the offlce becomes vacant 1rnrnedlately. Any person convlcted of a v1olat1on 15 1ne11g1ble to hold any elect1ve Clty office for a per10d of f~ve years after the date of such convlction. -38- . - NEWPORT BEACH Adopted December 10, 1973, amended October 14, 1975. completely revlsed February 26, 1979, amended February 11, 1980 and May 29, 1984 Requirements Beyond Those ln the Polltical Reform Act Contrlbut1on Llmltat10ns $200 per candldate per s~nqle electlon. Contr1butlon Dlsclosure For contrlbutlons Which cumulatlvely total $50 or less, the contr1butor's full name and street address must be disclosed. For contributlons WhlCh cumulatlve1y total over $50, the followlng must be dlsclosed: contrlbutor's full name, street address, occupation, employer, date and amount of contrlbutlon. Expendlture Dlsclosure Eac~ vendor must be 1dent1~led no matter how small the expendlture. Anonymous Contribut1ons Prohlblted No anonymous contrlbutlons may be accepted. Late Contr1butions A contr1butlon of $50 or more rece1ved after the clos1ng date of the last pre-electlon statement is considered to be a late contrlbutlon and must be reported wlthln 48 hours. Penalt1es If a candldate lS conv1cted of a vlo1atlon of the ord1nance, the candldacy lS termlnated l~medlately. If the candldate 15 elected and then convlcted, the offlce becomes vacant lrnmedlately. Any person convlcted of a vlolatlon 1S not elig~ble for electlon. -39- e - ORANGE COUNTY Campalgn Reform Ordlnance - adopted June 20, 1978, amended August 28, 1984 FaIr CampaIgn Practlces Ordlnance - adopted February 6, 1979, amended May 22, 1979 Requ~rements Beyond Those In the PolItIcal Reform Act CAMPAIGN REFORM ORDINANCE DIsqual1flcatlon A member of the Board of SupervIsors IS prohIbIted from making, partIcIpating or In any way attemptIng to use his or her offlCIal posltlon to lnfluence a governmental declsIon in WhICh he or she has a fInancIal interest. A superVIsor has a "finanCIal Interest" when the deCIsion wlll have an effect dlstlnguishable from the public generally on a "maJor campaIgn contrIbutor" who has contr1buted more than $1,534 ln the past four years. If an offIcer or d1rector of a corporation has contributed more than $11534, the corporatIon is deemed to be a maJor campaIgn contrIbutor unless the offIcer or dIrector flIes an affIdavit stat~ng that the contrIbution was entIrely unrelated to the lnterest of the corporatIon. If a partner contrIbutes more than $1,534, the partnershlp lS deemed to be a maJor campaIgn contrIbutor unless the partner flIes an affIdaVIt that the contrlbutlon was entlrely unrelated to the bUSIness or interest on the partnershIp. If the owner of a bUSIness entIty (a person who owns more than 50% of the ownershIp ~nterest) contrIbutes more than $1,534, the bUSIness entIty lS deemed to be a maJor campaIgn contrIbutor unless the owner flIes an affIdaVIt statIng that the contrIbution was entlrely unrelated to the lnterest of the corporation. IndIVIdual contrIbutIons by dlrectors and offIcers of a corporatlon or partners of a partnershIp are not comblned unless the contrlbutlons are made pursuant to an agreement to avold the prohlbltIon. -40- e . ORANGE COUNTY (cant) Every maJor campaign contributor must fIle wlth the County Clerk a list of all hIS or her corporatIons and partnerships. The Clerk must post these lIsts and dIstribute them to the members of the Board of SupervIsors. County Influence Brokers County Influence Broker IS deflned as a person who has contrIbuted more than $382 In the past 12 months to members of the board and IS paid to cornmunlcate with members of the board or members of the PlannIng CommIssion. RegIstratIon A County Influence Broker must register wIth the County Clerk and flle monthly reports ShOWIng gifts made to the members of the board, plannIng commISSIoners, and all county employees. LimitatIon on ContributIons A County Influence Broker may not contribute more than $766 In any twelve (12) month period to members of the board or candIdates for the board, and may not make gIfts of more than $15 a month per person to any member of the board, the PlannIng CommISSIon or any county employee. FAIR CAMPAIGN PRACTICES ORDINANCE FaIr CampaIgn PractIces CommISSIon ReVIews the conduct of campaIgns In Orange County. ReVIews campaIgn statements. ReVIews campaIgn llterature for false and mlsleading statements. CampaIgn Endorsements Any person whose name 15 used In any campaIgn literature or campaIgn broadcast must glve hIS or her wrItten consent prior to the publIcatIon or broadcast. Campaign Literature Must be Sent to RegIstrar of Voters -41- e . ORANGE COUNTY (cont) Penaltles Vlolatlons are mlsdemeanors. A vote of a board member In vlolation of the ordlnance is void. -42- e . PALO ALTO Adopted May 4, 1980, amended August 23, 1983 Requlrements Bey~nd Those In the Polltlcal Reform Act Contrlbut~on Dlsclosure For a contrlbutlon of $50 or more, dlsclosure of the contrlbutor as requlred by the Politlcal Reform Act. Anonymous contributlons No person shall make anonymous contrlbutlons totallng $50 or more ln a calendar year. Such anonymous contributlons between $50 and $100 shall not be kept by the recipient but must be pald to the Clty Clerk for deposit in the General Fund of the Clty of Palo Alto. Publlcatlon of Campalgn Contrlbutlons On the Frlday before an election, the City Clerk must publlSh In a newspaper the name of each person and commlttee who has made a contrlbutlon of $50 or more, the amount of the contrl- butlon, and the reclplent of the contrlbution, for all such contributlons WhlCh appear on the carnpalgn statements flIed w~thln the SlX (6) months prlor to the election. Prohlbltlon on Contrlbutlons by Cable Televlslon LobbYln~ Entlties No cable televlslon lobbYlst or lobbYlst employer may make any campalgn contrlbutlons to Clty Councl1 candldates In the last 30 days prlor to the electlon. Addltlonal Dlsclosure Statements by Cable TeleVls10n Entltles A cable teleV1Slon lobbY1St or lobbYlst employer must file a campalgn statement flfteen (15) days prlor to the electlon, llsting all contrlbutlons made to Clty Counell candldates. -43- e . PASADENA Adopted August 7, 1984 Requ~rements Beyond Those In the Po1~tlcal Reform Act Statement of Organlzatlon FlIed wIth Local Agency Must be filed with Clty Clerk within ten (10) days after qualIfYIng as a commlttee under Government Code Sectlon 82013. Voluntary Falr Campalgn Practlces Agreement Appllcable to any IndIVIdual (1) listed on a ballot for election or re-electlon; (2) C lrculatlng nominatlon papers; (3) who receIves a contrIbution or makes an expenditure. A candldate 1n a prlmary election w1shing to sign the Agreement must Slgn and f1le 1t WIth the Clty Clerk when filIng nomInation papers. A candIdate In a general or special electIon must submlt the slgned Agreement to the CIty Clerk no later than one (1) worklng day after be1ng certIfled as a candidate for the electIon. Strlcter D1sclosure ReqUIrements for CommIttees Except for those comrn~ttees spec~f1ed In Government Code subsectIon 84200(d), all commIttees (Includlng polItical actIon commIttees) must fIle campalgn statements w1th the CIty Clerk at the tImes speCIfied In Government Code SectIon 84200 for candIdates, theIr controlled committees, and commIttees formed or eXIstIng pr~marIly to support or oppose candIdates or ballot measures at election. -44- e - PQWAY Adopted December 8, 1981 Re~U1rements Beyond Those 1n the Po1~tical Reform Act Contr1butlon Disclosure For a contrlbutlon of $25 or more, d1sclosure of the contrl- butlon as requ~red by the Pol~tlcal Reform Act. For each contrlbution under $25, dlsclosure If the contrlbutor has glven perm1ss1on. Expend1ture Dlsclosure For an expend1ture of more than $25, d1sclosure of the name and address of the vendor plus a descrlption of the expendlture. Contrlbutlon Llmltatlons $100 per candldate per elect1on, Anonymous Contrlbut1ons A candldate or COIDmlttee cannot accept an anonymous contribution of more than $10. Those 1n excess of the lLmlt must be turned over to the Clty Clerk. Record Keeplng Contrlbutors who make contrlbutions of more than $10 must disclose to the candldate or commlttee the1r names, addresses, and occupatlons. Prohlbltlon on Contrlbutlons by C1ty Contractors Such contrlbutlons may not be made or recelved durlng the period between the commencement of negotlatlons and elther the completlon of the performance or the termlnatlon of the negotlatlons, whlchever occurs later. -45- e - POWAY (cont) Bus1ness Contr1butions Any contr1butor who 1S a non-1nd1vidual shall d1sclose persons owning more than a ten (IO) percent propr1etary or voting interest 1n the ent1ty. Add1t1onal Pre-Elect10n Statement A th1rd pre-elect1on campa1gn statement 1S due the Fr1day before the election. Statement of No ACt1V1ty If cand1date or comm1ttee spends $200 or less, the cand1date or comm1ttee cha1rman may f11e declaration of no activity. ~xpend1tures Not Controlled by Cand1date When such expend1tures are made, the 11terature or publication must 1nd1cate that 1t was not author~zed by the cand1date. Bank Account Required Each comrn1ttee that receives or expends $200 or more must open a check~ng account ~n the City of poway. All contr1butlons must be deposited ~n the account and all expenditures must be made from the account. The Clerk must have access to the records of the account. Surplus Carnpa~9n Funds If there 15 a surplus after the post-electlon campa1gn statement 1S flIed, the surplus may only be glven to the City of poway or to a nonprof1t organizat1on located w1thln the C1ty. Suppl1ers of Goods and Servic~s Must dlsclose records to enforcement author1tles. -46- e - PQWAY (cont) Pena!ty If a cand1date 15 convicted of a vlo1atlon of the ord1nance hlS or her candidacy 15 termlnated lmmedlately. If the cand1date 15 elected and then conv~cted, the off1ce becomes vacant 1mmedlately. Enforcement by Pr1vate Clt1zens Any c1tizen of Poway can f11e a C1Vl1 act10n after not1ce to the City Attorney. -47- e e ROSEVILLE Adopted June 16, 1982 Requ~rements Beyond Those in the Political Reform Act Contr~but~on Disclosure Each contr~butor of $75 or more must be d~sclosed the Wednesday before the elect1on, the 30th day after the electlon, and January 30 and August 30 of every year fallowing an electIon. The report must contaIn the name of the contr1butor and the amount of the contr~butlon. Anonymous ContrIbut1ons The total anonymous contrIbutIons receIved may not exceed $75. PublIcatIon of CampaIgn Contributions The CIty Clerk must publish the names of contributors of $75 or more along WIth the amounts w1thIn a week of receIv1ng the lnformation except that the reports filed the Wednesday before the elect10n must be publ1shed the follOWIng Fr1day. ContrIbutIon - ExclUSIon from Defin1tIon Excludes from the defInIt10n of "contr1butlon" the first $200 spent on an event for a candIdate or comm1ttee provIded that the event is not held for the purpose of rais1ng contr1- but10ns for the candIdate or commlttee. Penalty If a candIdate 1S conv1cted of a vIolat1on of the ordInance, the candIdacy is termInated ImmedIately. If the candIdate 18 elected and then convIcted, the offIce becomes vacant Immed1ately. Any person convIcted of a vIolat1on cannot hold city electIve offIce for a perIod of three years after the conVIctIon. -48- e e ~~CRAMENTO (CITY) Adopted March 22, 1983 Requirements Beyond Those In the Pol~tical Reform Act ContrIbution LImItations Councllmembers $500 per candIdate from contrIbutors other than politIcal actIon commIttees. $1,500 per candIdate from POlItical action commIttees. $250 In addItion to the above, for runoff. Mayor $1,000 per candIdate fro~ contributors other than polItical actIon commIttees. $3,000 per candIdate from polItIcal actIon comrn~ttees. $500 In addItIon to the above, for runoff. Above contrIbutIon limItatIons do not apply untIl the candIdate, or hIs/her committee or agent, has receIved $10,000 In contrIbutIons (IncludIng contrIbutions from the candldatels own funds or resources and campaign contributions carrIed over from a preVIOUS electIon) . ExceptIon - Use of Personal Funds If a candIdate or spouse contributes to hIS or her own candidacy In excess of the above lImIts. any opponent may receIve from one or more persons, IrrespectIve of the above lImItations, equal to that amount by WhICh the candidate exceeded the limIts. Written notIce of such contrIbutIon by the candidate or hIS/her spouse shall be gIven to the CIty Clerk and each opponent withIn 48 hours of makIng the contrIbutIon. ExclUSIon Defln~tlon of "ImmedIate family" does not include the spouse of the candIdate. -49- e e SACRAMENTO (CITY) (cant) Fair Campalgn Practlces Code ProvIdes for a vOluntary FaIr Campalgn Pledge, the sIgners and non-signers of WhICh are named on the sample and officIal ballots. No penalty lS provIded for violatIon. PenaltIes VIolatIon of the ordInance constltutes a mIsdemeanor and may be punlshable by a fine of $500 or six months ln jaIlor both. If a candIdate IS convIcted of a vIolatIon of the ordinance, his/her candidacy is termInated ImmedIately. If the candidate IS elected and then convIcted, the offIce becomes vacant immedIately. Any person convicted of a violation of the ordInance shall be Ineligible to hold City office for a perIod of fIve (5) years from the date of convIction. -50- e e SAN DIEGO (CITY) Adopted AprIl 10, 1973, aMended May 17, 1973, June 6, 1975, June 29, 1977, September l4, 1981 and AprIl 12, 1982 Regulrernents Beyond Those ln the POll tIcal Reform Act ContrIbutIon LIIDltat10ns $250 per candldate per election. ExtensIons of Cred1t Cred1t may not be given for more than 30 days. ExtensIons of cred1t for More than $250 are prohibited, although a candidate may personally borrow an un11mited amount. Such funds are conSIdered a contrlbutlon by the candidate and must be fully dIsclosed. ProhIb1tIon on Contr1butIons by Non-Indlviduals ContrIbutIons may only be made by Individuals except that contrIbut1ons for or agaInst ballot measure campaign may be made by any person. Anonymous Contrlbutlons Anonymous contrIbut1ons may not be recelved ln an aggregate amount of more than $200 per election. Contrlbutlon - Exclusion from DefInltlon Does not lnclude an event held ln honor or on behalf of a candldate or commIttee when the cost of the event lS $200 or less and the event is not held for the purpose of obtalnlng contrIbutIons. Independent ExpendItures If such expendItures are made for prInted matter or for a broadcast WhICh supports or op90ses a candIdate or commIttee, a statement must be clearly made that the expend1ture was not author1zed by the candIdate or commIttee. -51- e e SAN DIEGO (CITY) (cant) Advertlslng Ra~es Charges by newspapers, magazInes or broadcast stations to a candldate or comrn1ttee may not exceed the charges normally made for comparable use of such space or time by other users. Bank Accounts Every cand1date and committee must establish a checklng account in the CIty of San Dlego. All contr1butIons must be depOSIted In this checklng account wlthln three busIness days. Except for petty cash, funds must be dIsbursed only from th15 checkIng account. PublIC offlcers who enforce thIS act have full access to the checkIng account. SupplIers of Goods and SerVIces Must disclose to the enforcement authority records of expendltures made by cand1dates or commIttees. Penaltles If a candIdate IS convIcted of a vlolatlon of the ordInance, the candIdacy 15 termInated lmmed1ately. If the candldate lS elected and then convlctedl the offIce becomes vacant immedIately. Any person convlcted of a violatlon of thIS law cannot run for offIce for a per10d of flve years after the convlct1on. -52- e e SAN DIEGO (COUNTY) Adopted February 28, 1974, amended August 9, 1977, April 8, 1982 and December 2, 1982 Requ1rements Beyond Those In the Po11t1cal Reform Act Contr1butIon L1mItatIons $250 per candIdate per elect10n. Extens10ns of Cred1t CredIt may not be g1ven for more than 30 days. ExtenSIons of credIt for more than $250 are prohibited, although a candIdate may borrow unlImIted funds so long as they are reported. ProhIb1tlon on Contribut1ons by Non-IndIvIduals Contributions may only be made by Individuals except that contrlbutlons for or aga1nst ballot measure campalgns may be made by any person. Anonymous ContrIbutIons May not be receIved In an aggregate amount of more than $200 per electIon. Contr1butIon - ExclUSIon from DefInltIon Does not lnclude an event held 1n honor or on behalf of a candldate or commlttee when the cost of the event 15 $200 or less and the event 1S not held for the purpose of obtaIning contrlbutlons. Campalgn ExpendItures Not Controlled by Candldates or CommIttees If such expendltures are made for prInted mater1al or for a broadcast WhICh supports or opposes a candIdate or commIttee, a statement must be clearly made that the expend1ture was not authorIzed by the candldate or commIttee. -53- e e SAN DIEGO (COUNTY) (cont) Advert~s~n9 Rates Charges by newspapers, magaz~nes, or broadcast statIons to a cand1date or comm1ttee may not exceed the charges normally made for comparable use of such space or time by other users. Bank Accounts Every cand1date and commIttee must establ~sh a checking account 1n the County of San Diego. All contr1butions must be deposited 1n this checking account w1thln three business days. Except for petty cash, funds must be dlsbursed only from thlS checkIng account. PubllC off1cers who enforce thlS act have full access to the checkIng account. SupplIers of Goods and ServIces Must dlsclose to the enforcement authorIty records of expendltures made by cand1dates or committees. Penaltles Any person who knowlngly or wIllfully vIolates any provlslons of thlS chapter ~s gUIlty of a misdemeanor. In addltlon to any other penalty provlded by law, any wlllful or knowIng fa~lure to report contrlbutlons, done wlth Intent to mlslead or decelve, shall be punIshable by a flne of not less than fIve hundred dollars ($500). The Reglstrar of Voters shall not Issue any certifIcate of nomlnatlon or election to any candIdate untIl that candidate's campaIgn statements requIred In Sect10n 32.922, or, If no campaIgn statement IS requlred, the wrltten declaration permItted under Sectlon 84212 of the Government Code, have been fIled In the form and at the place requ1red by the Polltlcal Reform Act of 1974. The Board of SuperVIsors shall not adopt a resolutIon declarIng any candldate to be nomInated or elected untll such statements or declaratIon have been flIed In the form and at the place requlred of the candIdate In thlS chapter. -54- e e SAN FRANCISCO (CITY AND COUNTY) Adopted March 22, 1976, amended July 6, 1976, May 9, 1977, July 16, 1979, May 2, 1980, June 14, 1982 and February 18, 1983 ~equlrements Beyond Those In the Pol1tlcal Reform Act Contr~bution Llm~tat1ons $l,OOO per cand1date per single electlon. $250, 1n addlt~on to the above $1,000. for runoff. Independent Expend~tures Persons who make lndependent expenditures of $250 or more must f~le campa1gn statements. Sucn persons must ~ndicate they are not authorized by a candidate. Contr1butlons - Tlme LImIt for Recelpt May not accept contrIbut~ons unt~l Declarat~on of Intention 1S f~led. Sur?lus Funds of Cand1date All contributions received by a candIdate must be spent on behalf of the cand~date and no one else. All surplus funds must be returned to the contributors on a pro rata bas1s, donated to a char1table organization, or transferred to another commIttee of the candidate. Bank Account Each treasurer must establ1sh a campaign contrlbut1on trust account at a bank located In San FrancIsco. The name and locat~on of the account must be flled w~th the RegIstrar. Penalties VIolatIon of any of the prOVIsions of the ordlnance IS a misdemeanor. Conv~ctlon results in termlnatlon of a candidacy or vOidIng of the electlon and forfeIture of offlce. -55- e e SAN FRANCISCO (CITY AND COUNTY) (cont) FaIlure to FIle CampaIgn Statements Any person who is nominated or elected to offIce but who has falled to flle campalgn statements WIll not recelve a certIfIcate of nomInatIon or election. -56- e e SAN JOSE Adopted May 27, 1980, amended February 23, 1982, February 21, 1984, and October 9, 1984 Requirements Beyond Those 1n the PolItical Reform Act Contr1but1on LImitations $250 per CIty Counc~l candidate per elect1on. $500 per ~ayoral candIdate per elect1on. $500 per Independent commIttee. Anonymous Contr1butions Anonymous contrlbut1ons of any amount are proh1b1ted and must be deposlted 1n the General Fund of the Clty. Addlt10nal Pre-election Campa1gn Statement An addIt10nal pre-electlon statement 1S requIred to be flIed fIve days pr10r to the election. Late Contrlbutlons A contr1but1on of $250 or more rece1ved after the closIng date of the last pre-electIon statement IS considered to be a late contrlbut1on and must be reported wIthln 48 hours. Publlcatlon of CampaIgn Contrlbutlons Two days prlor to the electIon, the total contribut1ons and expendltures for each cand1date and each Independent comm1ttee must be publlshed 1n the newspaper by the C1ty Clerk. -57- e e SAN JOSE (cont) Offlceholders' and FrIends' Commlttee Contr1but1on L1m1tatIons $250 per Councllmember per term. $500 per Mayor per term. -One offIceholders' commIttee In eXIstence at a tlme. -No contrIbut1on to pOll tIcal campaIgns. -No solIcitatIon or expenditure durlng year of electIon of offIceholder. Penalties If a candldate has a flrst or lnIt1al judgment entered agalnst hIm for vlolatlon of the provISIons of the ordinance, the candIdate must pay to the Clty $5,000, or the value of any contrlbutlon(s) gIven In VIolation of the ordlnance~ whIchever IS greater, as the penalty for the fIrst vlolatlon. If a candldate IS adJudged to have vlolated the ordlnance a second tlme durIng any subsequent elect10n to offlce, the electIon to offIce IS deemed void and the offlce vacated. Any other person adJudged In a clvil actIon to have VIolated the ordlnance must pay a penalty of $5,000, or the value of any contribution(s) rendered ln vlolat1on of the ord1nance, whIchever 15 greater. -58- e e SAN JUAN CAPISTRANO Adopted November 16, 1977 Requirements Beyond Those In the Pol~t~cal Reform Act ContrIbutIon L~mItatIons $lOO per cand~date or measure per election. Anonymous Contrlbutions Total anonymous contrIbutions to candidates or ballot measures may not exceed $200. Excess anonymous contributions must be depos~ted In a speCIal fund of the Clty to defray the cost of prlnting and handlIng candIdates' statements or defray the cost of munICIpal electIons. -59- ---- e e SAN LUIS OBISPO (CITY) Adopted January 1977, amended September l, 1981 Requ~rements Beyond Those In the Pol~tlca1 Reform Act ContrIbutlon Llmltatlons $100 per candIdate per e1ectlon. Contr~but~on DIsclosure For a contr~butlon greater than $25, the name and address of contrlbutor and amount of contribut~on must be llsted. For a contrIbutIon less than $25, the name and address of each person who has consented to pub11cat1on must be lIsted. Anonymous Contr1butIons May not exceed $25. Late Contrlbutlons No contr~butlon of over $lQ may be accepted after 5:00 p.m. on the Tuesday before the e1ectlon (candldates and lmmedlate famllles are excluded from the prohlbltlon). Bank Accounts Any cornmlttee that receives or expends more than $200 must open a checkIng account at a bank In the CIty of San LU1S ObISpO. The Clty Clerk has full access to the bank records of the electlon campaIgn accounts. CandIdate's Controlled CommIttee There may be only one controlled cornmlttee per candldate. Personal Use of ContrIbutIons Prohlblted -60- e e SAN LUIS OBISPO (CITY) (cont) Surplus Funds Must be gIven to clty or nonprofIt organlzation wlthln 70 days after the elect~on. Publlcatlon of CampaIgn Statements CIty Clerk publIshes the followIng lnformatlon In all news- papers of general cIrculatIon on the Saturday before the electIon: l. Total receIpts; 2. Total expenditures; 3. Names of contrlbutors of $50 or more, wlth the amount of the contrIbutIon; 4. Names of contrIbutors who gave less than $50 and those who gave $25 or less who consent to publlcatlon. Effect of Convlct~on A person convlcted of vlolatlng provlslons of local ordlnances must vacate offIce. If stlll a candIdate, the person's candldacy IS termInated. FaIlure to Flle A publIc offIcIal who falls to flle a requlred campaIgn statement may not be paId for the perIod In WhIch the statement IS not flIed. Terffilnatlon of Ordlnance ThlS ordInance terrnlnates on June 30, 1986. -6l- e e SAN MATEO (COUNTY) Adopted November 8, 1977 Requ~rements Beyond Those In the Polltlcal Reform Act Contrlbut10ns Llmitatlons $500 per candldate per electIon. Contr1butlon - Excluslon from Definltlon Does not lnclude: (I) Use of real or personal property and the cost of lnvltatlons, food, and beverages provided In the Indlvldual's resldence; and (2) The sale of food or beverage by a vendor for use ln a candldate's campaIgn for less than the normal charge, provIded that the charge IS at least equal to the vendor's cost. -62- e e SANTA CRUZ (CITY) Adopted March 16, 1982 Requlrements Beyond Those 1n the Po11tical Reform Act ContrIbution L1m1tatIons $75 per candIdate. *Does not apply to a candIdate using own money or property. Cand1date or commIttee may not util1ze any contrIbut10n from any person wlthout f1rst determ1n1ng that acceptance of such contrIbutIon WIll not cause the contributor to vlolate contr1butlon lImItatIons. Contrlbution - ExclUSIon from DefinItion Does not Include a payment made by an occupant of a home or offIce for costs related to any meetIng or fundraislng event held 1n the occupant's home or offIce If the cost for the meetIng or fundralslng event is $200 or less. Contr1butlons to BUSIness or Labor CommIttee No person may contribute more than $75 to any business or labor comm1ttee. Bank Account Before accept1ng 1n1t1al contrIbut1ons totalIng $75 or more, an account must be establIShed at an Independent recognIzed fInancIal 1nstltutlon. All expendItures must be made by check or other wrItten Instrument. Absence of Treasurer No contrIbutIon may be accepted nor expendIture made by or on behalf of a commIttee at a tIme when there IS a vacancy In the offIce of campaIgn treasurer. -63- e e SANTA CRUZ (CITY) (cant) Statement of Or9an~zat~on FlIed w~th Local Agency Every commlttee WhlCh lntends to seek to lnfluence the outcome of any election must flle an organizatlonal statement with the City Clerk. Annual Statement An annual campaIgn statement must be flIed wlth the CIty Clerk for every year durIng whlch any contrlbutlon was receIved or expendlture made. The statement must be fIled by January 31 covering the preceding calendar year. Addltlonal Pre-Electlon Campalgn Statement A fourth campalgn statement must be flIed no later than the FrIday before the electlon, with the Thursday before the electIon as the clOSIng date. ExpendItures Estlmated PrIor to Electlon The campaIgn statement flled the Friday before the electlon must lIst antlc~pated addltlonal expendltures wh~ch the filer expects through the date of the electlon. ContrIbutlon Dlsclosure For contrlbutions totalIng $75 or more, the full name and street address of contrlbutor must be Ilsted. A lIst of all contrlbutlons from each contrIbutor who has contrlbuted a cumulatlve total of less than $75 shall be malntalned for one year for use only by the Enforcement AuthorIty. Expendlture DIsclosure For expendItures over $75, the full name and street address of the payee must be lIsted as well as the date, amount and purpose of each expendlture. Independent ExpendItures Any person who spends $75 or more on Independent expendItures Incurs flllng responsIbIlItIes as prOVIded. -64- e e SANTA CRUZ (CITY) (cont) PenaltIes Anyone who vIolates the ordinance 1S guilty of an 1nfraction Wh1ch 15 pun15hable by a f1ne of up to $500. -65- . e e SANTA CRUZ (COUNTY) Adopted August 10, 1976, amended Aprl1 5, 1977, March 13, 1979, April 4, 1979, November 1981, June 8, 1982 and August 21, 1984 Requirements Beyond Those ln the Polltlcal Reform Act Contrlbut~on Llffiltatlons $200 per candIdate per election by indlvldual or general commlttee. $600 per candldate per electIon by busIness or labor unlon comm~ttees formed for the sole purpose of uSlng the voluntary donatlons of Its indIvldual members for political purposes. Prohlbltlon on Contrlbutlons by Corporatlons, BUSInesses and Labor Unlons No contrlbutlons may be made by a corporatlon, partnershIp, labor unIon, or other buslness or labor organlzatlon. Contrlbutlon - ExclusIon from Deflnitlon Contrlbutlon does not Include: gIft of serVlce or labor volunte~red by lndlvldual performlng same: cost of event not exceedlng $200: bona flde loan by recognIzed fInanCIal Instltutlon: candIdate's own money or property; or expendIture of flnancial resources to express personal polltical Vlew Independent of any candldate or commIttee. Advertislng Rates Charges by newspapers, magazlnes, teleVlslon or radIo may not exceed the charges normally made for comparable use of such space or tIme by other users. Bank Account Every candIdate and commlttee must establlsh a checkIng account before receIVlno contrlbutlons totalIng $25 or more. All contrlcutlons and expendltures must be made through thIS account. -66- e e SANTA CRUZ (COUNTY) (cont) Statement of OrganlzatIon Each committee must file a Statement of OrganizatIon with the County Clerk. This Statement of Organization must list the name and address of the fInanclal instItution where the commIttee has establIshed lts checking account. Add1t1onal Pre-ElectIon Campaign Statement A thIrd pre-elect1on statement 1S due the FrIday before the election w1th a closing date of Thursday. ContrIbutions received durIng the period must be dIsclosed along with an estimate of expendltures, debts, loans, and contrIbutIons through the date of election. ExpendItures, Loans, Debts, and ContributIons EstImated Prior to Elect10n The campalgn statement fIled Frlday before the electIon must est1mate expenditures, debts, loans, and contributions through the date of electron. ~~9all QualIf1catlon CommIttees supportlng or opposing the qualificatIon of a recall must flle dlsclosure statements 35 days after the f1rst day of cIrculatlon, 15 days prior to the last day for submlssion of the petltion, as well as 35 days after notification that the recall has quallfled or failed to qualify. AddltIonal Disclosure On all campaign statements, other than the July 3l statement flIed 1n a non-election year, the comm1ttee must disclose the followlng addItIonal lnformatlon: l. The name and address of the fInancial Institutlon in whlch the checkIng account is maintained along with the account number; 2. The balance 1n the account at the beginning and end of the perlod; and 3. A llst of all transactIons through the account by date, check number, and amount. -67- e e SANTA CRUZ {COUNTY} {cont} CandIdate Fll~n9 Every candIdate, commIttee, or other person who accepts any campaIgn contrIbutIon, or who makes any expenditure in aId of or in opposition to one or more candidates shall file an annual campaIgn statement. -68- ~ e e SANTA MONICA Adopted December 17, 1974, amended November 12, 1976, October 24, 1978, December 12, 1978, January 23, 1979 and December 14, 1982 Requ~rements Bevond Those ln the Polltlcal Reform Act Contrlbutlon Llffiltatlons $.02 times the votlnq age populatIon ner candIdate. (Is not appllcable to candldate uSIng own money.) Anonymous contributIons The total anonymous contrIbutIons receIved by a candIdate or commIttee may not exceed $lOO in the aggregate. Anonymous contrlbut10ns receIved In excess of the limit must be forfeIted to the City Treasurer. When contributions are received at a group event, the commlttee must list the persons who contributed at the event and lIst the total contrlbutlons receIved at the event. Mass ~al11ng IdentIficatIon Must be ldentlfled by lIstlng the printer, the chalrman and secretary or at least two offlcers of the group or organlzatlon on whose behalf lt was prlnted. -69- . e e SONOMA COUNTY Adopted October 23, 1984 RequIrements Beyond Those In the Pol~tlcal Reform Act Contributlon Llmltat~ons $lOOO per candldate per electlon. Anonymous ContrIbutIons Anonymous contrlbutlons are prohiblted. Any anonymous contr~butlon receIved must be turned over to the Sonoma County Treasurer-Tax Collector to help defray the costs of electIons. Penaltles VIolatlons are a mIsdemeanor. Vlolators may be subJect to a $500 flne and/or 6 months ln ]all. -70- . e e SOUTH SAN FRANCISCO Adopted AprIL 1971 Requlrements Beyond Those ln the Pollt~cal Reform Act Prohlbltlon on ContrIbutions from Llcensees prohlblts the sollcltation or receipt of contrlbutlons by a candldate for Clty Councll from any franchise licensee whose rate for serVIces to the publ1C is regulated by the Clty Counc11. -71- . . . , . e . WESTMINSTER Adopted February 14, 1984 RequIrements Beyond Those In the PolItIcal Reform Act ContrIbutIon LimItatIons $250 per candIdate per electIon. Anonymous Contr1but1ons $2,500 aggregate per candIdate per election. Anonymous contrIbutIons received In excess of the $2,500 total shall be turned over to the CIty. PenaltIes A vIolatIon of the ordInance constitutes an infraction. If a candIdate is convIcted of vIolating thIS ordinance, the candIdacy shall be termInated Immediately. If the convictIon occurs after the candidate has taken offIce the election shall be VOId and the offIce vacated Immediately. Any person convIcted of a violatIon of thIS ordInance shall be Ineligible to hold any CIty offIce, whether electIve or appointIve, for a perIod of five (5) years for each such conVIctIon. -72-