Loading...
HomeMy WebLinkAbout1515 - Campaign Contribution & Expenditure ControlORDINANCE NO. 1515 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 1.25 to TITLE 1 OF THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED "MUNICIPAL ELECTION CAMPAIGN CONTRIBUTION AND EXPENDITURE CONTROL ORDINANCE" The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Chapter 1.25 is added to the Newport Beach Municipal Code to read: "CHAPTER 1.25 MUNICIPAL ELECTION CAMPAIGN CONTRIBUTION AND EXPENDITURE CONTROL ORDINANCE exercise by campaign contributors of potential undue or improper influence over elected officials and to insure against a candidate being elected to office based primarily . on the amount he expended on his campaign. The City Coun- cil finds that municipal elections are municipal affairs and consequently a charter city is not preempted by -1- Sections: 1.25.010 Intent and Purpose. 1.25.015 Campaign Contributions - Limitations. • 1.25.020 Anonymous Contributions. 1.25.025 Campaign Expenditures - Limitations. 1.25.030 Campaign Statement. 1.25.035 Expenditures Statement. 1.25.040 Infraction, Effect of Violation. 1.25.010 Intent and Purpose. It is the intent of the City Council of the City of Newport Beach in enacting this Chapter to place realistic and enforceable limits on the amount individuals may contribute to political cam- paigns in municipal elections as well as limit the amount which a candidate can expend on his campaign to be elected to municipal office for the purpose of preventing the exercise by campaign contributors of potential undue or improper influence over elected officials and to insure against a candidate being elected to office based primarily . on the amount he expended on his campaign. The City Coun- cil finds that municipal elections are municipal affairs and consequently a charter city is not preempted by -1- f„ general state law from regulating expenditures in local elections. 1.25.015 Campaign Contributions - Limitations. • A. Contribution by Persons. No person other than a candidate shall make, solicit or accept any contribu- tion, gift, subscription, loan, advance, deposit, pledge, or promise of money or anything of value in aid of the nomination or election of a candidate which will cause the total amount contributed by such person with respect to a single election in support of such candidate to exceed Two Hundred Dollars ($200). "Person" for the purposes of this subsection shall include and mean any individual, corporation, partnership, foundation, poli- tical, religious, or social organization, committee, or association. B. Contribution by Candidate. No candidate shall make any contribution which will cause the total amount • contributed by him to his campaign with respect to a single election to exceed Five Hundred Dollars ($500). 1.25.020 Anonymous Contributions. Total anonymous contributions to a candidate which exceed in the aggregate Two Hundred Dollars ($200) with respect to a single election shall not be used by the candidate for whom it was intended. The total anonymous contribu- tions exceeding Two Hundred Dollars ($200) will be placed in the General Fund of the City, earmarked to be used for the purpose of defraying the costs of municipal elections. 1.25.025 Campaign Expenditures - Limitation. No candidate shall incur aggregate campaign expenses to further the election or nomination of such a candidate, including expenses incurred by persons or organizations • subject to the immediate control of and working directly for the election or nomination of such a candidate, in excess of Twenty -five Cents ($0.25) multiplied by the -2- number of registered voters residing in the City at the last general election. 1.25.030 Campaign Statement. A. Statements Re- quired. Each candidate for municipal public office shall file as a public record with the City Clerk two cumulative verified statements naming each person, as that term is defined in Section 1.25.015, from whom a contribution or contributions have been received that total Fifty Dollars ($50) or more, and that have been or may be expended on behalf of his campaign, together with the specific amounts contributed by each person. Any anonymous contributions in excess of Fifty Dollars ($50) shall also be listed. In addition, each candidate shall list any amount over Fifty Dollars ($50) of his own money personally contributed by him to his campaign. B. Campaign Statement - Contents. Each campaign statement shall contain the full name and complete mailing • address, of any person from whom a contribution or con- tributions totaling Fifty Dollars ($50) or more have been received, together with the total amount contributed by each such person. C. Times for Filing. Statements required under Section 1.25.030 shall be filed at the following times: (a) Between 10 and 15 days prior to the election. (b) Between 20 and 25 days after the election. 1.25.035 Expenditures Statement. Elected candi- dates to municipal public office shall file with the City Clerk a written declaration of his total campaign expen- ditures within 25 days after the election, or not later than the day preceding the day upon which the candidate • takes office, whichever occurs first. An elected can- didate for municipal public office need not file an ex- penditure statement if the lawful receipts and expenses of -3- his campaign do not exceed Two Hundred Dollars ($200). • However, elected candidates shall file a written declara- tion with the City Clerk to that effect if their campaign receipts and expenses do not exceed Two Hundred Dollars ($200). 1.25.040 Infraction. Effect of Violation. A. Infraction. It shall be unlawful for any person to knowingly violate any provision or to knowingly fail to comply with any of the requirements of this Chapter. Any person who knowingly violates any of the provisions or who knowingly fails to comply with any of the requirements of this Chapter shall be guilty of an infraction. B. Effect of Violation. If after his election a candidate is convicted of a violation of any provision of this Chapter, the election to office of such candidate shall be void and such office shall become vacant imme- diately thereupon. In such event, the vacancy shall be filled in accordance with the procedures as set forth in the City Charter. If a candidate is convicted of a violation of any of the provisions of this Chapter at any time prior to his election, his candidacy shall be terminated immediately and he shall no longer be eligible for election." SECTION 2. This ordinance shall be published once in the official newspaper of the City, and the same shall be ef- fective 30 days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 9th day of October 1973,, and was adopted on the 29th day of October 1973, by the following vote, to wit: -4- 10/12/73 • ATTEST: Ci y Clerk CERTIFIED AS THE ORIGINAL AND CERTIFIED AS TO PUBLICATION DATE 8l C�F THE Citt OF NEW T BEACH • • -5- AYES, COUNCILMEN: McInnis, Rogers, Croul, Dostal, Kymla, Ryckoff, Store NOES, COUNCILMEN: None ABSENT COUNCILMEN: None � / , DON dm 10/1/73