Chapter 1.52
MUNICIPAL ELECTIONS*

Sections:

1.52.010    Short title.

1.52.020    Purposes of chapter.

1.52.030    Application and scope of chapter.

1.52.040    Interpretation of chapter.

1.52.050    Duties of city clerk/elections official.

1.52.060    Campaign contribution limitations.

1.52.070    Required notices on reproduced campaign material.

1.52.080    Disclosure of campaign contributions.

1.52.090    Campaign expenditure limitations.

1.52.100    Violations.

1.52.110    Injunctive relief.

1.52.130    Operative date.

*    Prior ordinance history: Ord. 1224.

1.52.010 Short title.

This chapter shall be known and may be cited as the "city of South Gate election code."

(Ord. 1895 § 2 (part), 12-2-91)

1.52.020 Purposes of chapter.

The city council enacts this chapter in order to accomplish the following:

(1)    To promote honesty, integrity and fairness in the electoral process by establishing and enforcing reasonable disclosure requirements and limitations on campaign contributions and campaign expenditures which will not deprive or restrict any person in the exercise of rights guaranteed by the United States Constitution or the California Constitution;

(2)    To insure that voters will be fully informed and to inhibit improper campaign practices by requiring the full and truthful disclosure in election campaigns of certain contributions which are received by candidates for elective city office;

(3)    To enhance participation in municipal elections by establishing and enforcing reasonable limitations on campaign contributions to and campaign expenditures by, candidates for elective city office;

(4)    To limit overall expenditures in campaigns for elective city office, thereby reducing the pressure on candidates for elective city office to raise large campaign war chests beyond the amount necessary to communicate reasonably with voters;

(5)    To insure that municipal elections will be the expression of the will of a well-informed electorate.

(Ord. 1895 § 2 (part), 12-2-91)

1.52.030 Application and scope of chapter.

(a)    To the extent that this chapter imposes reporting requirements additional to or different from those set forth in Chapter 4 of Title 9 of the Government Code (Sections 84100--84400) for elections held in this city, such additional or different reporting requirements shall apply only to candidates seeking an elective city office, their controlled committees, committees formed or existing primarily to support or oppose their candidacies, and to committees formed or existing primarily to support or oppose a candidate who is being voted on only in this city, and to general purpose committees active only in this city.

(b)    Nothing in this chapter shall exempt or excuse any person from compliance with all applicable provisions of the laws of this state, including the Political Reform Act of 1974, as amended (Government Code Sections 81000--91015).

(Ord. 1895 § 2 (part), 12-2-91)

1.52.040 Interpretation of chapter.

(a)    Except as otherwise set forth in this section, the words, terms and phrases used herein shall have the same meanings as defined in the Political Reform Act of 1974, as amended, which definitions are contained in Chapter 2 of Title 9 of the Government Code Section 82000 et seq.

(b)    The definitions set forth below shall be applied in the interpretation and construction of this chapter:

(1)    "Committee" means and includes, without limitation, the following:

(A)    "Controlled committee," as defined in Government Code Section 82016;

(B)    "General purpose committee," as defined in Government Code Section 82027.5;

(C)    "Primarily formed committee," as defined in Government Code Section 82047.5;

(D)    "Sponsored committee," as defined in Government Code Section 82048.7;

(E)    "Political committee," as defined in Government Code Section 85102(C);

(F)    "Broad based political committee," as defined in Government Code Section 85102(d);

(2)    "Elective city office" means and includes the office of member of the city council, city clerk, and city treasurer.

(3)    "Qualified campaign expenditure" means and includes all of the following:

(A)    Any expenditure made by a candidate for elective city office, or by a committee controlled by such a candidate, for the purpose of influencing or attempting to influence the actions of the voters for or against the election of any candidate for elective city office;

(B)    Any transfer of anything of value made by the candidate’s controlled committee to any other committee;

(C)    A nonmonetary contribution provided at the request of or with the approval of the candidate, or a committee controlled by the candidate;

(D)    That portion of a slate mailing or other campaign literature produced or authorized by more than one candidate for elective city office which is the greater cost actually paid by the committee or controlled committee of the candidate or the proportionate share of the cost for each such candidate. The number of candidates sharing costs and the emphasis on or space devoted to each such candidate shall be considered in determining the cost attributable to each such candidate.

(Ord. 1895 § 2 (part), 12-2-91)

1.52.050 Duties of city clerk/elections official.

A.    The city council shall, by resolution appoint an elections official of its choice to render specified services in a regular or special municipal election held in the city.

B.    The elections official may, but need not be the city clerk. The city council may choose to appoint a consultant or another employee to conduct such municipal elections.

C.    The elections official shall be any person or entity who is charged with the duty of conducting an election.

D.    The elections official shall supervise all regular or special municipal elections in the city and may prescribe rules and regulations for the conduct of such elections that are not in conflict with the provisions of this chapter or the constitution and general laws of the state.

E.    Upon the filing of nomination papers by a candidate for elective city office, the elections official shall receive and shall cause to be deposited in the general fund, a filing fee in an amount established by resolution of the city council.

F.    In addition to the other duties required of the elections official in connection with municipal elections, the elections official shall administer the provisions of this chapter. The elections official shall:

1.    Supply appropriate forms and manuals prescribed by the California Fair Political Practices Commission. These forms and manuals shall be furnished to all candidates and committees, and to all other persons required to file reports;

2.    Determine whether required documents have been filed and, if so, whether they conform on their face with the requirements of state law;

3.    Notify promptly all persons and known committees who have failed to file a document in the form and at the time required by state law;

4.    Report apparent violations of this chapter and applicable state law to the city attorney;

5.    Compile and maintain a current list of all statements or parts of statements filed with the elections official pertaining to each candidate for elective city office;

6.    Assist the franchise tax board and the fair political practices commission in conducting audits and investigations of reports and statements filed by candidates and committees supporting or opposing candidates for elective city office at such times and in such manner as may be required under the Political Reform Act of 1974, as amended.

(Ord. 2092 § 1, 1-22-02: Ord. 1895 § 2 (part), 12-2-91)

1.52.060 Campaign contribution limitations.

(a)    No person other than a candidate shall make, and no person or candidate shall solicit or accept, any contributions (including loans) which will cause the aggregate amount contributed by such person with respect to a single election for member of the city council, city clerk, or city treasurer, in support of or opposition to a candidate for any such office, including contributions to all committees supporting or opposing such candidate, to exceed one thousand dollars. As used in this section, the term "contribution" includes in-kind contributions of property, services or anything else of value, whether tangible or intangible.

(b)    A candidate for elective city office shall not be limited by subsection (a) of this section in the amount of personal funds he or she may contribute or expend in connection with his or her own campaign, nor shall a candidate be prohibited from obtaining a personal loan of any amount from a duly licensed financial lending institution in the regular course of business.

(c)    Any contributions solicited or accepted pursuant to his section shall be expended only in connection with the candidacy for the elective city office specified in the candidate’s nomination papers. Contributions solicited or accepted pursuant to this section for one individual shall not be expended for the candidacy of any other individual or in support of or opposition to any city ballot measure.

(d)    No person shall make, and no candidate or committee shall solicit or accept, any cash contributions in excess of twenty-five dollars.

(e)    No contribution shall be made, directly or indirectly, by any person or combination of persons acting jointly in a name other than the name by which they are identified for legal purposes, nor in the name of another person or combination of persons. No person shall make a contribution in his, her, or its name of anything belonging to another person or received from another person on the condition that it be used as a contribution. If it is discovered by a candidate or committee treasurer that a contribution has been received in violation of this subsection, the candidate or treasurer shall, within ten days after receipt, return the amount received to the contributor or pay the amount received to the city treasurer for deposit in the general fund of the city.

(Ord. 1895 § 2 (part), 12-2-91)

1.52.070 Required notices on reproduced campaign material.

A.    As used in this section, the term "reproduced campaign material" means any written communication, including flyers, handbills, leaflets, letters, pamphlets, posters, brochures, circulars, and yard signs, which is (1) reproduced by any mechanical or electrical means including, but not limited to, printing, photocopying, mimeo-graphing or silkscreening, and (2) expressly advocates the election or defeat of a clearly identified candidate for elective city office. The term "reproduced campaign material" does not include items such as pins, buttons, matchbooks, potholders, bumper stickers, pens, pencils and similar campaign materials containing a nominal amount of text and commonly used in election campaigns.

B.    If the sender of reproduced campaign material is a person or committee which is not controlled, directly or indirectly, by a candidate, and which does not act jointly with a candidate or a controlled committee in connection with the making of expenditures, the following notice shall be affixed to the reproduced campaign material:

NOTICE TO VOTERS

(Required by South Gate Municipal Code)

This campaign material is not authorized or approved by any candidate or local election official. It is paid for by __________________________ (name)

_______________________________________________

Address    City State

C.    Any notice required under the provisions of subsection B of this section shall appear on the reproduced campaign material in at least 10-point type, not subject to the halftone or screening process, and in a printed or drawn box set apart from any other printed matter.

D.    If the reproduced campaign material is a mass mailing, as defined in Government Code Section 82041.5, and if the sender is a candidate, a committee or a controlled committee, the information required by Government Code Section 84305 shall be set forth.

(Ord. 1895 § 2 (part), 12-2-91)

1.52.080 Disclosure of campaign contributions.

A.    During each and every reporting period relating to a municipal election in which elective city offices are to be filled, campaign statements or reports filed with the election official by a candidate, or by a committee supporting or opposing such candidate, shall disclose the total amount of contributions received during each such reporting period from each person who has contributed a cumulative amount of one hundred dollars or more.

B.    For contributions received from any person who has contributed a cumulative amount of one hundred dollars or more, the following information shall be disclosed on the campaign statement or report:

1.    The contributor’s full name, street address, and occupation;

2.    The name of the contributor’s employer, or, if self-employed, the name of the contributor’s business;

3.    The date and amount of the contribution;

4.    The cumulative amount of contributions received from the contributor;

5.    If the contribution was a loan, the interest rate for the loan;

C.    For contributions received in connection with a fundraising event conducted by a candidate, or by a committee supporting or opposing such candidate, the campaign statement or report shall disclose the following information:

1.    The date and location of the fundraising event;

2.    The number of people in attendance;

3.    The gross receipts of the fundraising event.

(Ord. 2092 § 2, 1-22-02; Ord. 1895 § 2 (part), 12-2-91)

1.52.090 Campaign expenditure limitations.

No candidate for elective city office and no controlled committee of such a candidate shall make qualified campaign expenditures in excess of the aggregate sum of thirty thousand dollars in any general, special, or special runoff election.

(Ord. 1895 § 2 (part), 12-2-91)

1.52.100 Violations.

A.    Any person who knowingly or wilfully violates any provision of this chapter is guilty of a misdemeanor and upon conviction is punishable by a fine not exceeding one thousand dollars or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.

B.    To the extent permitted by law, each campaign expenditure which is made, and each contribution which is made or received, in violation of the provisions of this chapter shall be deemed to constitute a separate and distinct offense.

C.    Whether a violation is inadvertent, negligent or deliberate, and the presence or absence of good faith, shall be considered in applying the remedies and sanctions of this section.

(Ord. 1895 § 2 (part), 12-2-91)

1.52.110 Injunctive relief.

Any person residing in the city may sue for injunctive relief to enjoin violations or to compel compliance with the provisions of this chapter. The court may award a plaintiff or defendant who prevails his or her costs of litigation, including reasonable attorneys’ fees; provided, however, that no such award may be granted against the city of South Gate.

(Ord. 1895 § 2 (part), 12-2-91)

1.52.130 Operative date.

This chapter shall become operative on and shall apply to all contributions received on and after January 1, 1992.

(Ord. 1895 § 2 (part), 12-2-91)