Chapter 4.04
FAIR CAMPAIGN PRACTICES

Sections:

4.04.010    Short title.

4.04.020    Purposes of chapter.

4.04.030    Application and scope of this chapter.

4.04.040    Interpretation of this chapter.

4.04.050    Statement of organization – Filing with City Clerk.

4.04.060    Reports of late contributions.

4.04.070    Reports of prior contributions of $100.00 or more.

4.04.080    Reports of late independent expenditures.

4.04.090    Required notices on reproduced campaign material.

4.04.100    Filing copies of reproduced campaign material.

4.04.105    Use of City seal and other City marks prohibited.

4.04.110    Violations.

4.04.120    Injunctive relief.

4.04.130    Severability.

4.04.010 Short title.

This chapter shall be known and may be cited as the “fair campaign practices ordinance” of the City of Palmdale. (Ord. 849 § 2, 1989)

4.04.020 Purposes of chapter.

The City Council enacts this chapter in order to accomplish the following:

(A) To promote honesty, integrity and fairness in the electoral process by establishing and enforcing reasonable disclosure requirements which will not deprive or restrict any person in the exercise of rights guaranteed by the United States Constitution or the California Constitution.

(B) To ensure that voters will be fully informed and to inhibit improper campaign practices by requiring the full and truthful disclosure in election campaigns of certain contributions and expenditures which are received and made before the date of an election but after the closing date of the last campaign statement required to be filed by a candidate, committee or other person participating in such election.

(C) To provide a means for adequately identifying the source of financing of all mass distributions of reproduced campaign material directed at the voters immediately prior to an election in order to assist them in making their own appraisals of the reason or reasons why, and by whom, a particular candidate is being supported or opposed.

(D) To require identification of the senders and sources of financing of mass distributions of reproduced campaign materials immediately prior to an election so as to facilitate the ability of candidates to refute or rebut allegations, whether truthful or in the nature of smears, which may be asserted.

(E) To ensure that local elections will be the expression of the will of an undeceived, well-informed electorate. (Ord. 849 § 2, 1989)

4.04.030 Application and scope of this chapter.

(A) To the extent that this chapter imposes reporting and filing requirements additional to or different from those set forth in Chapter 4 of Title 9 of the Government Code (Sections 84100 through 84400) for elections held in this City, such additional or different reporting and filing requirements shall apply only to candidates seeking election in this City, their controlled committees, committees formed or existing primarily to support or oppose their candidacies, and to committees formed or existing primarily to support or oppose a candidate who is being voted on only in this City, and to general purpose committees active only in this City.

(B) Nothing in this chapter shall exempt or excuse any person from compliance with all applicable provisions of the laws of this state, including the Political Reform Act of 1974, as amended (Government Code Sections 81000 through 91015). (Ord. 849 § 2, 1989)

4.04.040 Interpretation of this chapter.

(A) Except as otherwise set forth in this section, the words, terms and phrases used herein shall have the same meanings as defined in the Political Reform Act of 1974, as amended, which definitions are contained in Chapter 2 of Title 9 of the Government Code (Section 82000 et seq.)

(B) The definitions set forth below shall be applied in the interpretation and construction of this chapter:

(1) “Clearly identified” means that:

(a) The name of the candidate involved appears;

(b) A photograph or drawing of the candidate; or

(c) The identity of the candidate is apparent by unambiguous reference.

(2) “Committee” includes, without limitation, the following:

(a) “Controlled committee,” as defined in Government Code Section 82016.

(b) “General purpose committee,” as defined in Government Code Section 82027.5.

(c) “Primarily formed committee,” as defined in Government Code Section 82047.5.

(d) “Sponsored committee,” as defined in Government Code Section 82048.7.

(e) “Political committee,” as defined in Government Code Section 85102(c).

(f) “Broad based political committee,” as defined in Government Code Section 85102(d).

As used in this chapter, “committee” also means any person or combination of persons who, directly or indirectly, before the date of an election but after the closing date of the last campaign statement required to be filed before the election, receive contributions or make expenditures totaling $100.00 or more, for the purpose of influencing or attempting to influence the action of voters for or against the election of one or more clearly identified candidates.

(3) “Late contribution” means any contribution, including a loan, as defined in Government Code Section 82015, which totals in the aggregate $100.00 or more that is made to or received by a candidate, a controlled committee, or a committee formed or existing primarily to support or oppose a clearly identified candidate involved in an election before the date of the election but after the closing date of the last campaign statement required to be filed before the election.

(4) “Late independent expenditures” means any independent expenditure, as defined in Government Code Section 82031, which totals in the aggregate $100.00 or more and is made for or against any clearly identified candidate involved in an election before the date of the election but after the closing date of the last campaign statement required to be filed by a candidate or committee participating in such election.

(5) “Mass distribution” means the dissemination of 200 or more substantially similar pieces of reproduced campaign literature by means of the mail, or any other method of distribution, circulation or display, before the date of an election but after the closing date of the last campaign statement required to be filed before the election.

(6) “Reproduced campaign material” means any written communication, including flyers, handbills, leaflets, letters, pamphlets, posters, brochures, circulars, and yard signs, which is (a) reproduced by any mechanical or electrical means including, but not limited to, printing, photocopying, mimeographing or silk screening, and (b) expressly advocates the election or defeat of a clearly identified candidate. “Reproduced campaign material” does not include items such as pins, buttons, matchbooks, pot holders, bumper stickers, pens, pencils and similar campaign materials containing a nominal amount of text and commonly used in election campaigns. (Ord. 849 § 2, 1989)

4.04.050 Statement of organization – Filing with City Clerk.

(A) If, before the date of election in connection with which preelection statements are required to be filed, but after the closing date of the past campaign statement required to be filed before the election pursuant to Section 84200.8 of the Government Code, any person or combination of persons not having previously filed a statement of organization with the Secretary of State qualifies as a committee by receiving contributions or making expenditures totaling $100.00 or more, for the purpose of influencing or attempting to influence the action of voters for or against the election of one or more clearly identified candidates, the committee shall comply with the filing requirements of subsection (B) of this section.

(B) Any person or combination of persons which qualifies as a committee under subsection (A) of this section shall, within 24 hours of qualifying as a committee, file with the City Clerk, by mailgram, telegram, guaranteed overnight mail through the United States Postal Service, or personal delivery, the information required by Government Code Section 84102 to be reported in a statement of organization. (Ord. 849 § 2, 1989)

4.04.060 Reports of late contributions.

(A) Each candidate or committee that makes or receives a late contribution, as defined in PMC 4.04.040(B)(3), shall report the late contribution to the City Clerk.

(B) A late contribution shall be reported by mailgram, telegram, guaranteed overnight mail through the United States Postal Service, or personal delivery within 24 hours of the time it is made in the case of the candidate or committee that makes the contribution, and within 24 hours of the time it is received in case of the recipient. A late contribution shall be reported on subsequent campaign statements without regard to reports filed pursuant to this section.

(C) The candidate or committee that makes the late contribution shall report his, her or its full name and street address and the full name and street address of the person to whom the late contribution has been made, the office sought if the recipient is a candidate, and the date and amount of the late contribution.

(D) The recipient of the late contribution shall report his, her or its full name and street address, and the date and amount of the late contribution. The recipient shall also report the full name of the contributor, his or her street address, occupation, and the name of his or her employer, or, if self-employed, the name of the business.

(E) A late contribution need not be reported, nor shall it be deemed accepted, if it is not cashed, negotiated or deposited and is returned to the contributor within 24 hours of its receipt. (Ord. 849 § 2, 1989)

4.04.070 Reports of prior contributions of $100.00 or more.

If a candidate, committee or other person is required to file a second preelection statement for the reporting period ending 17 days before the election, in accordance with Government Code Section 84200.8, no mass distribution of reproduced campaign material shall be made subsequent to the closing date of this second preelection statement unless and until such statement is filed with the City Clerk or, in the alternative, a report is filed with the City Clerk setting forth the information required by PMC 4.04.060(D) with regard to each contribution of $100.00 or more received during the reporting period covered by the second preelection statement. Any such statement or report shall be in addition to any reports of late contributions received subsequent to the closing date of the last campaign statement required to be filed before the election, as required by PMC 4.04.060. (Ord. 849 § 2, 1989)

4.04.080 Reports of late independent expenditures.

(A) Each candidate or committee that makes a late independent expenditure, as defined in PMC 4.04.040(B)(4), shall report the late independent expenditure to the City Clerk.

(B) A late independent expenditure shall be reported by mailgram, telegram, guaranteed overnight mail through the United States Postal Service, or personal delivery within 24 hours of the time it is made. A late independent expenditure shall be reported on subsequent campaign statements without regard to reports filed pursuant to this section.

(C) A candidate or committee that makes a late independent expenditure shall report its full name and street address, as well as the name and office sought of the candidate or candidates supported or opposed, and the amount and the date as well as a description of goods or services for which the late independent expenditure was made. (Ord. 849 § 2, 1989)

4.04.090 Required notices on reproduced campaign material.

(A) Reproduced campaign material which is disseminated by any mass distribution before the date of an election, but after the closing date of the last campaign statement required to be filed before the election, shall have affixed the following notices, as applicable:

(1) A “notice to voters,” in substantially the following form:

NOTICE TO VOTERS

(Required by Palmdale Municipal Code)

The names and addresses of all contributors of $100 or more to this [candidate/committee] as of the distribution date hereof are on file with the Palmdale City Clerk and available for public inspection.

(2) If the sender of the reproduced campaign material is a person or committee which is not controlled, directly or indirectly, by a candidate, and which does not act jointly with a candidate or a controlled committee in connection with the making of expenditures, the following supplemental notice shall be affixed, either separately or in combination with the notice required in subsection (A)(1) of this section:

NOTICE TO VOTERS

(Required by Palmdale Municipal Code)

This campaign material is not authorized or approved by any candidate or local election official. It is paid for by ________.
    (Name)

________________________________
Address    City State

(B) Any notice required under the provisions of subsection (A) of this section shall appear on the reproduced campaign material in at least 10-point type, not subject to the half-tone or screening process, and in a printed or drawn box set apart from any other printed matter.

(C) If the reproduced campaign material is a mass mailing, as defined in Government Code Section 82041.5, and if the sender is a candidate, a committee or a controlled committee, the information required by Government Code Section 84305 shall also be set forth. (Ord. 849 § 2, 1989)

4.04.100 Filing copies of reproduced campaign material.

The candidate, committee or other campaign responsible for a mass distribution of reproduced campaign material before the date of an election, but after the closing date of the last campaign statement required to be filed before the election, shall file or cause to be filed with the City Clerk a copy of each such item. The copy shall be filed with the City Clerk within 24 hours after all or any portion of such reproduced campaign material is first disseminated to the public. Copies filed with the City Clerk shall be a public record and available for public inspection. (Ord. 849 § 2, 1989)

4.04.105 Use of City seal and other City marks prohibited.

No candidate, committee or campaign responsible for a mass distribution of reproduced campaign material shall include any image of the City seal or any emblem, symbol, slogan, logotype, or other distinctive mark of the City, in whole or in part, in its reproduced campaign material. (Ord. 1341 § 2, 2008)

4.04.110 Violations.

(A) Any person who knowingly or wilfully violates any provision of this chapter is guilty of a misdemeanor and upon conviction is punishable by a fine not exceeding $1,000 or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment.

(B) Whether a violation is inadvertent, negligent or deliberate, and the presence or absence of good faith, shall be considered in applying the remedies and sanctions of this section. (Ord. 849 § 2, 1989)

4.04.120 Injunctive relief.

Any person residing in the City may sue for injunctive relief to enjoin violations or to compel compliance with the provisions of this chapter. (Ord. 849 § 2, 1989)

4.04.130 Severability.

If any provisions of this chapter, or the application thereof to any person or circumstances is held invalid, the remainder of this chapter, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those as to which it was held invalid, shall not be affected thereby, and, to this end, the provisions of this chapter are severable. (Ord. 849 § 2, 1989)