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Home My WebLink About1790 - Campaign Contribution & Expenditure ControlORDINANCE NO. 1790 •AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 1.25 OF TITLE 1 OF THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED "MUNICIPAL ELECTION CAMPAIGN CONTRIBUTION AND EXPENDITURE CONTROL" The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Chapter 1.25 of the Newport Beach Municipal Code is amended to read: "Chapter 1.25 MUNICIPAL ELECTION CAMPAIGN CONTRIBUTION AND EXPENDITURE CONTROL Sections: 1.25.010 Intent and Purpose. 1.25.020 Definitions. 1.25.030 Campaign Contributions - Limitations. 1.25.040 Campgian Statement. 1.25.050 Declaration in Lieu of Campaign Statement. 1.25.060 Late Contribution. 1.25.070 Infraction - Effect of Violation. 1.25.080 Late Filing of Campaign Statement. 1.25.090 Consent Required for Endorsement. 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 campaigns for municipal office or to influence the electorate to vote for or against a ballot proposition. The purpose of this Chapter is to prevent corruption or the appearance of corruption in the political process and to equalize the rela- tive financial ability of persons to influence the outcome • of municipal elections. The City Council finds that municipal elections are municipal affairs and, consequently, a charter city is not preempted by general state law from regulating contributions in local elections. 1.25.020 Definitions. (A) PERSON shall mean _ an individual, corporation, partnership, joint venture, foundation, business trust, company., association, political, religious, or social organization, or group of persons acting in concert. Person for the purpose of this Chapter shall not include a candidate or a committee which receives contribu- tions of Five Hundred Dollars ($500.00) or more in a calendar year for the purpose of supporting or opposing the passage or defeat of any.ballot proposition. (B) CASH CONTRIBUTION shall mean ready money, coin, currency, or legal tender of the United States of America. (C) COMMITTEE shall mean any person or combination of persons who directly or indirectly-receive contributions or make expenditures of Five Hundred Dollars ($500.00) or more for the purpose of influencing the action of voters for or it against a ballot proposition. 1.25.030 Campaign Contributions - Limitations., (A) CONTRIBUTION BY PERSONS TO CANDIDATES. No person shall make, solicit, or accept any contribution, gift, payment, subsecription, loan, forgiveness of loans, advance, deposit, pledge or promise of payment, or anything of material value other than personal professional or non - professional services rendered, performed, or offered by an individual on a purely voluntary basis 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 ($200.00) . (B) CONTRIBUTION BY PERSONS SUPPORTING OR OPPOSING • BALLOT PROPOSITIONS. No persons shall make, solicit, or accept any contribution, gift, payment, subscription, loan, forgiveness of loans, advance, deposit, pledge or promise of payment, or anything of material value.other than personal professional or non - professional services rendered, performed, -2- 2/12/79 or offered by an individual on a purely voluntary basis _ in aid of the passage or" defeat of a ballot proposition •which will cause the total amount contributed by such person with respect to -a single election in support of or in opposition to such ballot proposition to exceed Two Hundred Dollars ($200.00). (C) ANONYMOUS CONTRIBUTIONS. Anonymous contributions to a candidate or committee supporting or opposing a ballot proposition are not permitted. All anonymous contributions in cash shall be deposited in the General Fund of the City earmarked to be used for the purpose of defraying the costs of municipal elections. (D) CASH CONTRIBUTIONS. Individual cash contributions to a candidate or committee supporting or opposing a ballot proposition shall be limited to Thirty -Five Dollars ($.35.00). Any contributions of Thirty -Six Dollars ($36.00) or more other than an in -kind contribution shall be made by a written instrument containing the names of the donor and the payee. 1.25.040 Campaign Statement. REQUIRED. Each candidate for municipal each committee supporting or opposing a shall file as a public record with the cumulative itemized reports showing the contributions received and expenditures to such election. (A) STATEMENTS public office and ballot proposition "-ity Clerk four (4) total amounts of made with respect (B) CONTRIBUTIONS. Each campaign statement shall show the total amount of all contributions received during the period covered by the statement; each person who has contri- buted any amount shall be listed by name, amount contributed, city, state, occupation and employer, if any, or principal place of business if self - employed. -3- 2/12/79 1... (C) EXPENDITURES. Each campaign statement shall show the total amount of expenditures made during the period •covered by the statement. Each person who has received an expenditure shall be listed by name and address together with a brief description of the amount and purpose of the expendi- ture. (D) TIMES FOR FILING. Campaign statements required under this section shall be filed in accordance with Sections 84200 and 84201 of the California Government Code. 1.25.050 Declaration in Lieu of Campaign Statement. A candidate need not file a campaign statement if the lawful receipts or expenditures of his or her campaign do not exceed Two Hundred Dollars ($200.00); however, the candidate shall file a written declaration under penalty of perjury with the City Clerk that to the best of his knowledge not more than Two Hundred Dollars ($200.0,0) has been received or expended on behalf or in support of his or her candidacy. 1.25.060 Late Contribution. Any contribution received after the closing date of the last campaign statement required to be filed prior to an election must be reported within forty -eight (48) hours after receipt, as well as on subsequent campaign reports. 1.25.070 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 -4- 2/12/79 I. 6 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 provisions of this Chapter, the election to office of such candidate shall be void and such office shall become vacant immediately 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. 1.25.080 Late Filing of Campaign Statement. If any person files a campaign statement after any deadline imposed by this Chapter, he may in addition to any other penalties or remedies established by this Chapter be liable to the City Clerk in the amount of Ten Dollars ($10.00) per day after the deadline until the statement is filed. The City Clerk shall deposit any funds received under this section into the General Fund of the City. No liability under this section shall exceed the cumulative total amount of receipts stated in the late campaign statement, or Fifty Dollars ($50.00), whichever is greater. 1.25.090 Consent Required for Endorsement. A ballot argument or any campaign literature or advertisement which includes in its text the name of a person other than the author of the argument, literature, or advertisement, who is represented as being for or against a candidate or measure or whose name is used to influence the outcome of the election shall be accompanied by a signed consent of such person aid filed with the City Clerk prior to publication or distribution.." -5- T . i • 0. 0 SECTION 2. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective thirty (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 12th day of February , 1979, and was adopted on the 26th day of February , 1979, by the following vote, to wit: ATTEST: ,&� L, — City Clerk AYES, COUNCILMEN . Hart, Heather, HLmmiel, McInnis, Ryckoff, Strauss, Williams NOES, COUNCILMEN None ABSENT COUNCILMEN None Mayor CERTlFIFD AS Tic C''Pr,;NIAL AND CF —I' SD ;i5 i J r'ustICATION FEB 2 7 1978 DDO /kb D,ATE 1/30/79 CITY CLEP.Y. OR THi C:T / OF P:c1YPti@T 2ACH