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HomeMy WebLinkAbout90-34 - Establishing Chapter 1.30 Pertaining to Campaign DocumentsNO. 90- 34 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING CHAPTER 1.30 PERTAINING TO CAMPAIGN DOCUMENTS. The City Council of the City of Newport Beach does hereby • ordain as follows: Sections: 1.30.010 1.30.020 1.30.030 1.30.040 1.30.050 1.30.060 Findings & Purpose Definitions Filing Public Record Application Penalties 1.30.010 Findings and Purpose. The City Council finds and declares as follows: A. Recent municipal elections have been characterized by the dissemination of campaign literature known as "hit pieces." • These documents are sent to voters in the later stages of a campaign, typically contain personal attacks on candidates or the proponents /opponents of measures and frequently misrepresent a candidate's position on issues or the true impact of a measure. B. Prompt public disclosure of the contents of last minute campaign documents will promote the discussion of important issues and the conduct of fair elections by: (1) offering the candidate attacked an opportunity to accurately represent his or her position on issues; (2) offering opponents or proponents the opportunity to respond to statements about a measure that are untrue or believed to be untrue; and (3) providing an opportunity for a candidate, proponent or opponent to disavow the contents of any campaign document that he or she believes represents an unfair, untrue or improper attack on any person. C. The requirement for prompt disclosure of last minute campaign mailers is content neutral, serves compelling municipal interests in fair elections and full discussion of relevant issues, and is the least intrusive method available to further these 1 interests. 1.30.020 Definitions. For the purposes of this Chapter, the following terms shall have the meaning specified in this Section: A. "Campaign document" means any writing or document • which supports, opposes or relates to any candidate or measure. B. "Person" includes any individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, association, committee, and any other organization or group of persons acting in concert. C. "Candidate" means any, individual who is listed on the ballot or who has qualified to have write -in votes on his or her behalf counted by election officials for the office of City Council. D. "Measure" means any initiative, referendum, charter amendment or other proposition which is listed on the ballot for any general or special municipal election and which is being voted • on only in the City of Newport Beach. E. "Proponent" shall mean any person who has signed a notice of intention to circulate a petition to qualify a measure and any person who has publicly declared his or her support for a F. "Opponent" means any person who has publicly disclosed his or her opposition to a measure. G. "Distributing" or "Distribution" shall mean mailing, sending, passing out or otherwise disseminating any campaign document to any person. 1.30.030 Filing. Any person distributing two hundred, or more, substantially similar campaign documents within fourteen (14) • days of any general or special municipal election shall, within two hours of first distribution, file ten (10) copies of the campaign document with the City Clerk for the City of Newport Beach. Fa 1.30.040 Public Record. Campaign documents filed with the City Clerk shall be a matter of public record. The City Clerk shall, on the day of filing or the next business day if filing occurs after 3 p.m., mail copies of campaign documents to all candidates, proponents and opponents who have provided self- addressed, stamped envelopes in sufficient number to accommodate all filings. The Clerk shall make available, upon the request of any person appearing at the office of the Clerk during normal business hours, one copy of campaign documents filed with the Clerk. 1.30.050 Aoolication. The provisions of this Chapter shall apply to any person distributing new campaign literature mailed or sent from any location inside or outside of the corporate limits of the City of Newport Beach. 1.30.060 Penalties. • A. Any person who knowingly and willfully violates the provisions of Section 1.30.030 is guilty of a misdemeanor and may be punished by a fine of $500 or six months in jail or both. B. Any candidate who violates the provisions of Section 1.30.030 in the course of any municipal election which results in the election of that candidate to the office of City Council shall, upon his /her conviction for violating Section 1.30.030, forfeit their office and the vacancy shall be filled as provided in Section 403 of the Newport Beach City Charter. SECTION 2: Severability. The City Council of the City of Newport Beach hereby declares that should any section, paragraph, sentence or word of this Ordinance be declared, for any reason, to • be invalid, it is the intent of the Council that it would have passed all other portions of this Ordinance independent of the portion declared invalid. 3 • • • SECTION 3: Savings Clause. Neither the adoption of this Ordinance nor the repeal of any other ordinance of the City shall, in any manner, affect the prosecution for violations of ordinances committed prior to the effective date of the adoption or repeal, nor be construed as a waiver of any of the penalty or penal provisions applicable to such violation. The provisions of this ordinance, to the extent they are substantially the same as ordinances previously adopted by the City and relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 4: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 23rd day of July , 1990, and adopted on the 13th day of August , 1990, by the following vote, to -wit: J. AYES, COUNCILMEMBERS TURNER, WATT, SANSONE, PLUMMER, HART, STRAUSS, COX NOES, COUNCILMEMBERS NONE ABSENT NONE N