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Home My WebLink About1541 - Campaign Contribution & Expenditure ControlORDINANCE NO. 1541 AN ORDINANCE OF THE CITY OF NEWPORT BEACH • AMENDING CHAPTER 1.25, TITLE 1, OF THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED "MUNICIPAL ELECTION CAMPAIGN CONTRIBUTION AND EXPENDITURE CONTROL ORDINANCE" 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 ORDINANCE Sections: 1.25.010 1.25.020 • 1.25.030 1.25.040 1.25.050 1.25.060 1.25.070 1.25.080 Intent and Purpose. Campaign Contributions - Limitations. Anonymous Contributions. Campaign Expenditures - Limitations. Campaign Statement. Declaration in Lieu of Campaign Statement. Infraction. Effect of Violation. 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 exer- cise by campaign contributors of potential undue or im- proper 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 consequently a charter city is not preempted by general state law from regulating expenditures in local elections. -1- 1.25.020 Campaign Contributions - Limitations. A. CONTRIBUTION BY PERSONS. No person other than a • candidate shall make, solicit or accept any contribution, gift, subscription, loan, advance, deposit, pledge, or promise of money or anything of value 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 ex- ceed Two Hundred Dollars ($200). "Person" for the purposes of this Chapter shall include and mean any individual, corporation, partnership, foundation, political, religious, or social organization, committee, or association. B. CONTRIBUTION BY CANDIDATE. No candi- date shall make any contribution which will cause the total amount contributed by him to his campaign with respect to a single election to exceed Five Hundred Dollars ($500). 1.25.030 Anonymous Contributions. Total anonymous contributions to a candidate which exceed in the aggregate Two Hundred Dollars ($200) with respect to a single election shall not be used by the candidate for whom it was intended. The total anonymous contributions exceeding Two Hundred Dollars ($200) 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 Twenty -five • Cents ($0.25) multiplied by the number of registered voters residing in the City at the last general election. 1.25.050 Campaign Statement. A. STATEMENTS REQUIRED. Each candidate for municipal public office shall file as a -2- public record with the City Clerk three 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 contributions received during the period covered by the statement from persons who have given less than $50, and the total amount of contributions received during the period covered by the statement from persons who have given a total of $50 or more; each person who has contributed a total of $50 or more 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 to persons who have received • less than $50, and the total amount of expenditures made during the period covered by the statement to persons who have received a total of $50 or more; each person who has received an expenditure totalling $50 or more shall be listed by name and address together with a brief description of the purpose of the expenditure. D. TIMES FOR FILING. Campaign statements required under this section shall be filed at the following times: 1. Between 25 and 28 days prior to the election, statement to cover period up to the 28th day; 2. Between 7 and 10 days prior to the election, statement to cover period up to 10th day; 3. Between 31 and 38 days after the • election, statement to cover period up to 31st day. 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 -3- Two Hundred Dollars ($200); however, the candidate shall file a written declaration with the City Clerk that to the best of his knowledge not mcr a than Two Hundred Dollars ($200) has been received or expended on behalf or in sup- port of his or her candidacy. 1.25.070 Infraction. Effect of Violation. A. INFRAC- TION. It shall be unlawful for any person to knowlingly 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 elec- tion a candidate is convicted of a violation of any provision 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 $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 in the late cam- paign statement, or $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 am CERTIFIED AS THE ORIGINAL AND CERTIFIED AS TO PUBLICATION Are._ DEC 13__1973 1Y CLERK OF THE CITY OF NEW __ __ Bi BEACH -5- DON dm 11/16/73 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 26th day of November 1973, and was adopted on the 10th day of December 1973, by the following vote, to wit: AYES, COUNCILMEN: McInnis. Croul_ Dostal, Kymla, Store None ABSENT COUNCILMEN: Rogers, Ryckoff Mayor ATTEST: • er c _ y CERTIFIED AS THE ORIGINAL AND CERTIFIED AS TO PUBLICATION Are._ DEC 13__1973 1Y CLERK OF THE CITY OF NEW __ __ Bi BEACH -5- DON dm 11/16/73