HomeMy WebLinkAbout84-11 - Amending Chapter 1.25 of The Newport Beach Municipal Code Re Campaign ContributionsORDINANCE NO. 84 -11
• AN ORDINANCE OF CITY OF THE CITY OF NEWPORT BEACH AMENDING
CHAPTER 1.25 OF THE NEWPORT BEACH MUNICIPAL CODE RE
CAMPAIGN CONTRIBUTIONS
Section 1. Chapter 1.25 of the Newport Beach
Municipal Code is amended as follows:
Sections:
1.25.010 Intent and Purpose
1.25.020 Definitions
1.25.030 Campaign Contributions - Limitations
1.25.040 Campaign Statement
1.25.050 Declaration in Lieu of Campaign Statement
1.25.060 Late Contribution
1.25.062 Penalties
1.25.063 Severability
1.25.010 Intent and Purpose.
The purpose of this Chapter is to prevent corruption,
or the appearance of corruption, which results from the real or
imagined influence of large contributions on the conduct or ac-
tions of candidates elected to office.
It is also the intent of the City Council that the
limits on contributions to candidates and controlled committees
imposed by this ordinance will encourage candidates and their
supporters to raise funds from a greater number of persons than
would otherwise involve themselves in the political process.
It is also the intent of the City Council to encourage
persons who would otherwise contribute amounts greater than the
limits imposed by the ordinance to expend such funds on direct
political expression, rather than to reduce the total amount of
money potentially available to promote such expression.
This ordinance is enacted pursuant to Sections 5 and 7
of Article 11 of the Constitution of the State of California,
Article 10 of the City Charter of the City of Newport Beach, and
• Section 22808 of the California Elections Code.
In adopting this ordinance, the City Council finds that
Municipal Elections are municipal affairs and that there is no
State law which preempts Charter cities from regulating contribu-
tions in local elections.
The City Council also finds that this ordinance supple-
ments, and is not inconsistent with, the provisions of the Poli-
tical Reform Act of 1974 as amended.
1.25.020 Definitions.
Unless the contrary is stated, or it clearly appears
from the context, the definitions set forth in this section shall
govern the interpretation of this chapter.
A. "Candidate" means an 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 nomination for or
election to any elective office, or who receives a contribution
or makes an expenditure or gives his or her consent for any other
person to receive a contribution or make an expenditure with a
view to bringing about his or her nomination or election to any
elective office, whether or not the specific elective office for
• which he or she will seek nomination or election is known at the
time the contribution is received or the expenditure is made and
whether or not he or she has announced his or her candidacy or
filed a declaration of candidacy at such time. "Candidate" also
includes any officeholder who is the subject of a recall elec-
tion. "Candidate" does not include any person within the meaning
of Section 301(b) of the Federal Election Campaign Act of 1971.
B. "Committee" means any person or combination of
persons who directly or indirectly:
1. Receives contributions totaling Five Hundred
Dollars ($500.00) or more in a calendar year; or
2. Makes independent expenditures totaling Five
Hundred Dollars ($500.00) or more in a calendar
year; or
• 3. Makes contributions totaling Five Hundred Dollars
($500.00) or more in a calendar year to or at the
behest of candidates or committees.
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C. "Controlled Committee" means a committee which is
• controlled directly or indirectly by a candidate or which acts
jointly with a candidate or controlled committee in connection
with the making of expenditures. A candidate controls a com-
mittee if he, his agent or any other committee he controls has a
significant influence on the actions or decisions of the com-
mittee.
D. "Contribution" means a payment, a forgiveness of a
loan, a loan made without full and adequate security guaranteeing
repayment thereof, payment of a loan by a third party, or an
enforceable promise to make a payment except to the extent that
full and adequate consideration is received unless it is clear
from the surrounding circumstances that it is not made for
political purposes.
The term "contribution" also includes the purchase of
• tickets for events such as dinners, luncheons, rallies and simi-
lar fundraising events; the granting of discounts or rebates not
extended to the public generally or the granting of discounts or
rebates by television and radio stations and newspapers not ex-
tended on an equal basis to all candidates for the same office;
the payment of compensation by any person for the personal
services or expenses of any other person if such services are
rendered or expenses incurred on behalf of a candidate or com-
mittee without payment of full and adequate consideration.
The term "contribution" further includes any transfer
of anything of value received by a committee from another com-
mittee, unless full and adequate consideration is received.
The term "contribution" shall also include expenditures
made by any person in cooperation, consultation or concert with
• or at the request or suggestion of, a candidate, the candidate's
controlled committees or their agents. The term "contribution"
shall also include expenditures made on behalf of a candidate by
a committee that has established a course of communication with
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the candidate, the candidate's controlled committee or the can-
didate's agents. A course of communication shall be presumed to
exist if the candidate, controlled committee or the candidate's
agents and the person or committee making the expenditure
knowingly and wilfully do any of the following:
1. Share polling data or similar information
establishing the preferences of, or the issues of
importance to a substantial number of potential
voters;
2. Share mailing lists containing a significant number
of potential voters;
3. Jointly coordinate fund raising efforts, provided,
however, the presence of a candidate at a fund
raising meeting rally or event sponsored in whole
or in part by any person or committee for the pur-
pose of eliciting the candidate's views on issues
shall not be considered as joint coordination of
fund raising efforts;
4. Use a substantial number of common vendors that
provide services relating to the preparation or
dissemination of campaign literature such as
speechwriters, publicists or professional campaign
managers; or
5. Employ as a political campaign worker, a person, or
persons who are, or who have recently been, employ-
ed by the other during the course of the then cur-
rent political campaign.
The term "contribution" does not include amounts
received pursuant to an enforceable promise to the extent such
• amounts have been previously reported as a contribution. How-
ever, the fact that such amounts have been received shall be
indicated in the appropriate campaign statement.
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The term "contribution" does not include a payment made
• by an occupant of a home or office for costs related to any meet-
ing or fundraising event held in the occupant's home or office if
the costs for the meeting or fundraising event are Five Hundred
Dollars ($500.00) or less.
Notwithstanding the foregoing definition of
"contribution," the term does not include volunteer personal
services or payments made by any individual for his or her own
travel expenses if such payments are made voluntarily without any
understanding or agreement that they shall be, directly or in-
directly, repaid to him or her.
E. "Elective Office" means the office of City Council
of the City of Newport Beach.
F. "Late Contribution" means any contribution of
$50.00 or more that is made to or received by a candidate, a
• controlled committee, or a committee before the date of the elec-
tion at which a candidate or measure is to be voted on but after
the closing date of the last campaign statement required to be
filed before the election.
G. "Person" means an individual, except a candidate,
proprietorship, firm, partnership, joint venture, syndicate,
business trust, company, corporation, association, committee,
controlled committee, or any other organization or group of per-
sons acting in concert.
1.25.030 Campaign Contributions - Limitations.
A. CONTRIBUTIONS BY PERSONS TO CANDIDATES OR CONTROL
COMMITTEES. No person shall make any contribution to a candidate
and /or the candidate's controlled committees, with respect to any
single election, which would cause the total amount contributed
• by such person to the candidate and the candidate's controlled
committees, when combined, to exceed Two Hundred Dollars
($200.00).
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B. ACCEPTANCE OR SOLICITATION BY CANDIDATES OR
• CONTROLLED COMMITTEES. No candidate or controlled committee
shall solicit or accept any contribution from any person which
would cause the total amount contributed by such person with
respect to any single election, to the candidate and the can-
didate's controlled committees, when combined, to exceed the sum
of Two Hundred Dollars. ($200.00).
C. CONTRIBUTIONS TO COMMITTEES. Contributions made to
any person or a committee, and not to a candidate or controlled
committee, shall not be considered as contributions to the can-
didate or controlled committee notwithstanding the fact that such
person or committee supports the candidate or uses the contribu-
tion with a view to bringing about the nomination or election of
the candidate.
D. ANONYMOUS CONTRIBUTIONS.
• No person shall make an anonymous contribution, or
contributions, to a candidate, controlled committee, committee or
any other person. Except as otherwise provided by State law, in
the event an anonymous contribution is made in violation of this
section, the contribution shall be promptly paid to the City of
Newport Beach for deposit into the General Fund of the City, the
monies to be used to defray the costs of Municipal elections.
•
1.25.040 Campaign Statement
• All candidates, committees, controlled committees, and
persons shall file campaign statements in accordance with the
provisions of the Political Reform Act of 1974, as amended. In
addition to the disclosure requirements imposed by State law,
candidates, controlled committees and committees shall, on
disclosure statements, file, pursuant this section, and provide
the following information:
A. If the cumulative amount of the contributions
received frmo any person is less than $50.00 the
contributor's full name and street address shall be
provided in the disclosure statement;
B. If the cumulative amount of the contributions
received from any person is in excess of $50.00 the
campaign statement shall disclose the contributor's
• full name, street address, occupation, the name of
the contributor's employer, the date and amount of
each contribution made during the period covered by
the campaign statement, and the cumulative amount
of contributions.
1.25.050 Declaration in Lieu of Campaign Statement
A candidate need not file a campaign statement if such
a statement would not be required under the provisions of the
Political Reform Act of 1974, as amended.
1.25.060 Late Contribution
Any late contribution of $50.00 or more shall be
reported by the filing, with the City Clerk within 48 hours of
its receipt, the full name, street address, occupation, name of
employer, if any, or the principal place of business if self
• employed, of the contributor. Filing of a report of late contri-
butions may be by any written means of communication, including
but not limited to, telegram or letter. Late contributions shall
be reported on subsequent campaign statements as required by the
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Political Reform Act of 1974, as amended and without regard to
• reports filed pursuant to this section.
1.25.062 Penalties
A. Any person who knowingly and wilfully violates the
provisions of Section 1.25.030 is guilty of a misdemeanor and may
be punished by a fine of Five Hundred Dollars ($500.00) or six
months in jail, or both.
B. In addition to the penalties provided in subpara-
graph A if, after a candidate is elected, the candidate is con-
victed of a violation of the provisions of Section 1.25.030, the
election to office of such candidate shall be void and the office
shall become vacant as of the date of conviction or on the date
upon which the candidate would otherwise take office whichever
occurs later. In such event, the vacancy shall be filled in
accordance with the provisions of 403 of the City Charter. If a
• candidate is convicted of a violation of Section 1.25.030 at any
time prior to the election of the candidate, the candidacy shall
be terminated immediately and the candidate shall no longer be
eligible for election.
1.25.063 Severability
If any provision of this ordinance, or the application
of such provision to any person or circumstances, shall be held
invalid, the remainder of this ordinance to the extent it can be
given effect, or the application of such provision to persons or
circumstances other than those to which it is held invalid, shall
not be affected thereby, and to this end the provisions of this
ordinance are severable.
Section 2. Sections 1.25.065, 066, 067, 068, 069,
070, 075, 080 and 090 are hereby repealed.
N
This Ordinance was introduced at a regular meeting of
• the City Council of the City of Newport Beach held on
the 14th day of May , 1984, and was adopted on
the 29th day of May , 1984 by the following vote,
to wit:
AYES, COUNCILMEMBERS Hart, Maurer, Cox,
Heather, Agee, Strauss, Plummer
NOES, COUNCILMEMBERS None
ABSENT COUNCILMEMBERS None
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RHB /pr
ORP /Election
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