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Home My WebLink About1636 - 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 -2- 8/27/75 10/14/75 • 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 -3- f � 1 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 -4- 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 -5- DDO /bc 8/14/75