HomeMy WebLinkAbout1790 - 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