O2360F:\atty\m u n i\laws\mj m\Lim itatio nsOnContri butions0 rd 0524112d
City Council Meeting: 5/24/2011 Santa Monica, California
ORDINANCE NUMBER 2360 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SECTIONS 11.04.050 AND 11.04.070 OF THE SANTA
MONICA MUNICIPAL CODE RELATING TO CONTRIBUTIONS TO CANDIDATES
FOR OFFICE
WHEREAS, the City of Santa Monica is known for its highly participatory local
democracy; and
WHEREAS, the City Council has adopted various laws and policies intended to
encourage broad participation in the local political process; .and
WHEREAS, among these laws is a contribution limit established in 1992 in the
amount of $250; and
WHEREAS, the law adopted in 1992 applies this limit to individuals, committees
controlled by candidates, and uncontrolled committees; and
WHEREAS, this limit has not been changed since 1992; and
WHEREAS, the City Council has preserved the 1992 limit in order to curtail the
influence of money and special interests upon the democratic process in Santa Monica;
and
WHEREAS, in recent years decisions of the United States Supreme Court and
lower courts have invalidated campaign finance restrictions like Santa Monica's on First
Amendment grounds; and
WHEREAS, based on this development in the case law, the City Council has
determined that Santa Monica's contribution limit must be revised, in order to maintain
its constitutionality.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 11.04.050 is hereby
amended to read as follows:
11.04.050 Limitations on contributions from persons.
(a) No person shall make to any candidate for
office or to the controlled committee of such a candidate, a
contribution or contributions totaling more than two hundred
fifty dollars for each election in which the candidate was on,
is on, or is likely to be on the ballot or in which the candidate
sought or seeks write-in votes.
(b) No candidate for office or the controlled
committee of such a candidate shall accept from any person
a contribution or contributions totaling more than two
hundred fifty dollars for each election.
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(c) This section shall not be interpreted or applied
to violate the right of association or the right to express
views through expenditures. Rather, it is intended to be and
shall be applied solely as a limit on campaign contributions
to individuals and committees. (Prior code § 11203; added
by Ord. No. 1630CCS § 1, adopted 6/9/92, amended by Ord.
No. 2270CCS § 2, adopted 9/16/08)
SECTION 2. Santa Monica Municipal Code Section 11.04.070 is hereby
amended to read as follows:
11.04.070 Aggregation of payments.
(a) All contributions made by a person or small
contributor political action committee whose contributions or
expenditure activity is financed, directed or controlled by any
corporation, partnership, committee, labor organization,
association, political party or any other person or committee,
including any parent, subsidiary, branch, division,
department or local unit of the corporation, labor
organization, partnership, committee, association, political
party or any other person, or by any group of such persons,
shall be considered to be made by the person, organization
or entity financing, directing or controlling the contribution as
well as the person, small contributor or political action
committee making the contribution.
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(b) -Two or more entities shall be regarded as the
same person or small contributor political action committee
when any of the following apply:
(1) The entities share the majority of
members of their boards of directors;
(2) The entities share two or more officers;
(3) The entities are owned or controlled by
the same majority shareholder or shareholders;
(4) The entities are in aparent-subsidiary
relationship.
(c) An individual and any general partnership in
which the individual is a partner, or an individual and any
corporation in which the individual owns a controlling
interest, shall be regarded as the same person.
(d) No committee which supports or opposes a
candidate for office shall have as officers individuals who
serve as officers on any other committee which supports or
opposes the same candidate. No such committee shall act in
concert with, or solicit or make contributions on behalf of,
any other committee. This subsection shall not apply to
treasurers of committees if these treasurers do not.
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participate in or control in any way a decision on whether the
candidate or candidates receive contributions. (Prior code §
11205; added by Ord. No. 1630CCS § 1, adopted 6/9!92)
SECTION 3. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance: The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
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M RSH ~ NES OUTRIE
C yAtt r ey
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Approved and adopted this 24t" day of May, 2011.
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Richdrd Bloom, Mayor
State of California )
County of Los Angeles ) ss.
.City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Ordinance No. 2360 (CCS) had its introduction on May 10, 2011,
and was adopted at the Santa Monica City Council meeting held on May 24,
2011, by the following vote:
Ayes: Council members: Holbrook, McKeown, O'Connor, Shriver
Mayor Pro Tem Davis, Mayor Bloom
Noes: Council members: None
Absent: Council members: O'Day
A summary of Ordinance No. 2360 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
Maria M. Stewart, City Clerk