Chapter 7.02
CAMPAIGN CONTRIBUTION LIMITATIONS AND DISCLOSURE
Sections:
7.02.010 Purpose.
The purpose of this chapter is to advance compelling City interests by limiting large contributions from single sources to candidates for municipal office and by imposing reporting and accounting procedures for local campaigns. The City’s interests are to provide a representative government which is accessible to all citizens, to deter corruption, and to inform the electorate as to the sources and uses of political contributions. This chapter shall not apply to ballot measures. (Ord. 90-4, 2/13/90; Ord. 92-21, 12/8/92)
7.02.020 Definitions.
For the purposes of this chapter, unless the contrary is stated or clearly appears from the context, the definitions set forth in Chapter 2 of Title 9 of the Government Code for the State of California (commencing at Section 82000) shall govern. (Ord. 90-4, 2/13/90)
7.02.030 Contribution Limits.
A. Contributions. No person shall make, and no candidate for elective office or campaign treasurer shall solicit or accept, any contribution which would cause the total amount contributed by that person to that candidate or committees controlled by that candidate to exceed one thousand dollars ($1,000) per election contest.
B. Disclosure of Contributors. Candidates shall report the names and addresses of all persons who contribute one hundred dollars ($100.00) or more to their campaign. Such disclosure shall also include the name and address of the contributor’s employer. If the contributor is self-employed, the candidate shall report the name and address of the contributor’s business.
C. Loans. No person shall make, and no candidate for elective office or campaign treasurer shall solicit or accept, any loan which would cause the total amount contributed to the candidate or committees controlled by the candidate to exceed one thousand dollars ($1,000) per election contest.
D. Anonymous Contributions. No person shall make an anonymous contribution or contributions to a candidate, political committee, broad-based political committee, ballot measure committee or any other person. An anonymous contribution received by a candidate or such a committee shall not be kept by the intended recipient, but instead shall be paid promptly to the Treasurer of the City. No candidate for elective office or campaign treasurer shall solicit or accept anonymous contributions from any sources.
E. Extension of Credit. No person shall extend credit, and no candidate for elective office or campaign treasurer, or political committee, broad-based political committee or ballot measure committee shall solicit or accept any extension of credit which will extend beyond ninety (90) days from the date upon which the debt is incurred by the candidate, or political committee, broad-based political committee, or ballot measure committees.
F. Personal Funds. The provisions of this section shall not apply to a candidate’s contributions of his or her personal funds to his or her own campaign contribution account.
G. Commercial Loans. The provisions of this chapter regarding loans shall not apply to loans made by a commercial lending institution in the lender’s regular course of business on terms available to members of the general public and for which the loan recipient is personally liable. (Ord. 90-4, 2/13/90; Ord. 92-21, 12/8/92; Ord. 03-13 § 1, 10/14/03; Ord. 10-8 § 1, 7/13/10)
7.02.040 Campaign Disclosure.
A. Campaign Bank Account. The notice and filing requirements of Government Code Sections 81000 et seq. regarding the campaign bank account, shall be made to the City Clerk of the City at the same time and in the same manner as reporting is made to the Fair Political Practices Commission for the State of California.
B. Registration. Whenever any elected officer, candidate, or committee is required to file a campaign statement under the Political Reform Act or FPPC regulations with the City Clerk, the elected officer, candidate, or committee shall file the statement in an electronic format prescribed by the City Clerk.
1. Any statement, report, or other document filed electronically or online pursuant to this section will be accepted as an original statement and need not be filed in paper format.
2. To ensure reporting continuity, once a statement, report, form, or other document is filed electronically on behalf of any elected officer, candidate, or committee, all future statements, reports, forms, and other documents filed on behalf of that officer, candidate or committee must be filed electronically.
3. An elected officer, candidate, committee or other person may choose not to use the electronic filing system by filing all original statements, reports, forms, or other documents in paper format with the City Clerk.
4. The date of filing for a statement, report, or other document that is filed online or electronically shall be the day that it is received by the City Clerk, and the electronic system will provide confirmation with a time stamp ensuring that the statement, report, or other document was received.
5. If access to online filings has not been prescribed in a timely manner, the elected City officer, candidate, or committee may file an original statement by paper, at the discretion of the City Clerk.
6. The provisions of this subsection shall apply only to persons or combinations of persons who qualify as a committee under Section 82013 of the Political Reform Act.
7. The City Clerk is authorized to establish such administrative policies and procedures as deemed necessary to implement these requirements.
C. Disclosure of Campaign Material Sponsor. Any campaign material which is published or displayed shall disclose the name, street address, and City of the candidate or campaign committee who sponsored the campaign materials. Such disclosure shall be set in twelve (12) point type for an eight and one-half (8 1/2) inch by eleven (11) inch sheet and proportionately larger for broadsides and posters. It shall be in color and print which contrasts with the background so as to be easily legible and placed in a drawn box or set apart from any other printed matter. (Ord. 90-4, 2/13/90; Ord. 92-21, 12/8/92; Ord. 20-7, 7/14/20)
7.02.050 Violation—Penalty.
Any person violating any of the provisions of this chapter is guilty of a misdemeanor punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment in the County Jail for a period not exceeding six (6) months, or both. (Ord. 90-4, 2/13/90; amend. Ord. 92-21, 12/8/92)
7.02.060 Severability.
If any provision or portion of this chapter is for any reason held invalid or unconstitutional by the decision of any court, such decision shall not affect the remaining portions of this chapter. The City Council hereby declares that it would have passed and adopted this chapter and each and all of the provisions thereof, irrespective of the fact that any one or more of said provisions may be declared invalid. (Ord. 90-4, 2/13/90; Ord. 92-21, 12/8/92)