HomeMy WebLinkAbout1636 - Campaign Contribution & Expenditure ControlORDINANCE NO. 1636
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING CHAPTER 1.25 TO 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
Campaign Contributions - Limitations.
1.25.030
Anonymous Contributions.
1.25.040
Campaign Expenditures - Limitations.
1.25.050
Campaign Statement.
1.25.060
Declaration in Lieu of Campaign Statement.
1.25.065
Late Contribution.
1.25.070
Infraction - Effect of Violation.
1.25.080
Late Filing of Campaign Statement.
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
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 Council finds
that municipal elections are municipal affairs and conse-
quently a charter city is not preempted by general state
law from regulating expenditures in local elections.
1.25.020 Campaign Contributions - Limitations.
A. CONTRIBUTION BY PERSONS. No person shall make, solicit
or accept any contribution, gift, payment, subscription, loan,
forgiveness of loans, advance, deposit, pledge or promise
of payment of money, 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). Individual cash contributions shall
be limited to Forty -Nine Dollars and Ninety -Nine Cents ($49.99).
Any contribution of Fifty Dollars ($50.00) or more other than an in-
kind contribution shall be made by a written instrument containing
the names of the donor and the payee.
"Person" for the purposes of this Chapter shall include
and mean an individual, corporation, partnership, foundation,
political, religious, or social organization, committee or
association. Person shall not include a candidate. "Cash contri-
bution" for the purposes of this Chapter shall mean ready money,
coin or currency of the United State of America.
B. CONTRIBUTION BY CANDIDATE. No candidate shall make a
• contribution of his own personal funds which will cause the total
amount contributed by him and any other persons to his campaign
with respect to a single election to exceed in the aggregate the
maximum amount permissible under Section 1.25.040 of this Chapter.
1.25.030 Anonymous Contributions. Anonymous contributions
to a candidate are not permitted. All anonymous contributions
in cash will be deposited in the General Fund of the City,
earmarked to be used for the purpose of defraying the costs of
municipal elections.
1.25.040 Campaign Expenditures - Limitations. 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 Fifteen
Cents ($0.15) multiplied by the number of persons residing
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•
is
in the City based on the current Annual Population
Estimate as prepared by the State of California Department
of Finance. No person or candidate shall expend more than
Forty -Nine Dollars and Ninety -Nine Cents ($49.99) in
cash towards a single campaign or election. Any campaign
expenditure of Fifty Dollars ($50.00) or more shall be made
by a written instrument containing the names of the payor
and payee.
1.25.050 Campaign Statement. A. STATEMENTS
REQUIRED. Each candidate for municipal public office
shall file as a public record with the City Clerk three (3)
Cumulative itemized reports showing the total amounts of
contributions received and expenditures made with respect to
such election.
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 contributed any
amount shall be listed by name, amount contributed, city,
state, occupation and employer, if any, or principal place
of business if self - employed.
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 expenditure.
D. TIMES FOR FILING. Campaign statements required under
this section shall be filed at the following times:
1. 40 days prior to the election;
2.
12
days
prior
to
the election;
3.
65
days
after
the
election.
1.25.060 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); however, the candidate shall
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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) has been received or expended on
behalf or in support of his or her candidacy.
• 1.25.065 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 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) 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
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y ,.sue
in the late campaign statement, or Fifty Dollars ($50),
whichever is greater.
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
8th
on the
day of September , 1975, and was adopted
14th day of October , 1975, by the
following vote, to wit:
•
ATTEST:
ty ler
CERTIFIED AS THE ORIGIW4 A;?P
CERTIFIED AS TO PUBLICATION
_P.1 16 1515
CLE K OF THc CITY OF NEW T 6FA4:L{
0
AYES, COUNCILMEN McInnis, Barrett,
Kuehn, Rogers, Ryckoff, Store
NOES, COUNCILMEN: Dostal
ABSENT, COUNCILMEN: None
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