Chapter 2.24
ELECTIONS
Sections:
Article I. Municipal Elections
2.24.010 Date of elections.
2.24.015 Mail ballot elections.
Article II. Campaign Contributions and Expenditures
2.24.020 Intent and purpose.
2.24.030 Definitions.
2.24.040 Limitations.
2.24.045 Contributions – Limit on aggregate contributions from organizations.
2.24.048 Contributions – Contributions by city contractors.
2.24.050 Contributions – Additional restrictions – Disclosure.
2.24.060 Identification of expenditures by committees.
2.24.065 Notification of large independent expenditures.
2.24.068 Identification of sponsored committees.
2.24.070 Election campaign accounts.
2.24.080 Campaign statements.
2.24.090 Reporting threshold amount.
2.24.100 Media exemptions.
2.24.110 Supplies of goods and services – Disclosure of records required.
2.24.120 Late filing of campaign statement.
2.24.130 Enforcement.
2.24.140 Enforcement – Criminal or civil liability.
2.24.145 Enforcement – Administrative enforcement.
2.24.150 Use of funds deposited with city.
Article I. Municipal Elections1
2.24.010 Date of elections.
Pursuant to Section 36503.5 of the State Government Code, the general election for the city shall be held on the same day as the day of the statewide general election. (Ord. 31 § 2, 1987; 1987 Code § 2.24.010)
2.24.015 Mail ballot elections.
A. The city is authorized to conduct elections wholly by mail ballot as set forth in this section. The city council shall determine whether an election will be conducted by mail at the time the election is called. Actions of the city council pursuant to this section shall be set forth in a resolution approved at a regular or special meeting of the city council.
B. The following items may be the subject of an all-mail ballot election:
1. Any election required or authorized by Article XIII C of the California Constitution.
2. Any election to approve a property-related fee or charge as required or authorized by Article XIII D of the California Constitution.
3. Any assessment ballot proceeding required or authorized by Article XIII D of the California Constitution; provided, however, that such a proceeding shall be denominated an “assessment ballot proceeding” rather than an election, and ballots shall be denominated “assessment ballots.”
C. Elections authorized by this section shall be held on an established mail ballot election date pursuant to Elections Code Section 1500.
D. Elections authorized by this section shall be conducted in accordance with special provisions as may be adopted by resolution of the city council and with the applicable provisions for mail ballot elections set forth in California Elections Code Sections 4100 et seq, as they now exist or may hereafter be amended. (Ord. 394, 2009)
Article II. Campaign Contributions and Expenditures
2.24.020 Intent and purpose.
It is the purpose of this article to place realistic and enforceable limits on the amount individuals may contribute to political campaigns in municipal elections and, further, to supplement the requirements of state law with regard to reporting campaign contributions and expenditures, in order to prevent the exercise by campaign contributors of potential undue or improper influence over elected officials and to inform the public of the sources and objects of campaign contributions and expenditures. The city council finds that municipal elections are municipal affairs and that the regulation of campaign expenditures and contributions in municipal elections is the proper subject of municipal regulation. The council further finds that the regulations imposed by this article do not conflict with state law, are authorized by Section 81013 of the State Government Code, and do not prevent a person from complying with the Political Reform Act. It is the intent of the city council that this article be interpreted in a manner consistent with constitutional requirements and the Political Reform Act. Should any provision hereof be determined to be invalid for any reason, the remainder shall be severed therefrom and shall remain in full force and effect. (Ord. 61 § 1, 1988; 1987 Code § 2.26.010)
2.24.030 Definitions.
A. Unless otherwise defined in this section, the words and phrases used in this article shall have the same meaning as defined in the Political Reform Act of 1974, Title 9 of the Government Code of the state, as the Act now exists or may hereafter be amended.
B. Whenever the following words or phrases are used in this article, they shall have the meaning set forth in this subsection:
1. “Controlled committee” means a committee which is controlled directly or indirectly by a candidate or which acts jointly with or in coordination with a candidate or controlled committee in connection with the making of expenditures. A candidate controls a committee if such candidate, his or her agent, or any other committee such candidate controls, has a significant influence on the actions or decisions of the committee, or if such committee coordinates its expenditures with the expenditures of a candidate or a committee controlled by a candidate, whether or not such candidate is personally aware of such coordination.
2. “Fundraiser event” means any political event organized for the purpose of raising funds to be used in the support of, or opposition to, any candidate or measure.
3. “Independent committee” means any committee which receives contributions or makes expenditures for the purpose of influencing or attempting to influence a city election which is neither controlled by a candidate or coordinates its expenditures with the expenditures of a candidate or of a committee controlled by a candidate.
4. “Person” means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, and any other organization or group of persons acting in concert.
5. “Primarily formed committee” means a committee, whether controlled or independent, which is formed or exists primarily to support or oppose a single candidate for elective city office, a group of specific candidates being voted upon in the same city election, or one or more measures being voted upon in the same city election.
6. “Sponsored committee” means a committee, other than a controlled committee, that has one or more sponsors. A sponsor of a committee means any person (except a candidate, proponent or other individual) to whom any of the following applies: (a) the committee receives 80 percent or more of its contributions either from the person or from the person’s members, officers, employees or shareholders; (b) the person collects contributions for the committee by use of payroll deductions or dues from its members, officers or employees; (c) the person provides, alone or in combination with other organizations, the policies for soliciting contributions or making expenditures of committee funds; or (d) the person sets, alone or in combination with other organizations, the policies for soliciting contributions or making expenditures of committee funds. (Ord. 341 § 1, 2006; Ord. 61 § 1, 1988; 1987 Code § 2.26.020)
2.24.040 Limitations.
A. Contributions Generally.
1. Except as expressly provided in this section, no person shall make, nor shall any person solicit or knowingly accept, any contribution in support of, or in opposition to, the nomination or election of a candidate which will cause the total amount contributed to the candidate or committee, by the person in a single election, to exceed $100.00.
2. The prohibition of subsection (A)(1) of this section shall not apply to independent committees which are not primarily formed committees.
3. Subsection (A)(1) of this section is not a limitation upon expenditures by any candidate or any committee.
4. Spouses are two separate persons for purposes of the contribution limitation of subsection (A)(1) of this section.
5. a. Joint funding of campaign expenditures by two or more committees shall not be deemed a contribution by any such committee to any candidate provided that each such committee contributes equal amounts to each such expenditure.
b. Any such joint expenditure shall cause any theretofore independent committee participating therein to be deemed a controlled committee of any and all candidates for whose benefit such joint expenditure is made.
c. Any independent committee which becomes a controlled committee by reason of subparagraph (b) above shall be deemed a controlled committee for purposes of the $100.00 limitation on contributions to the committee, effective retroactive to the date upon which the first contribution to such committee was received by such committee.
6. The $100.00 limitation of subsection (A)(1) shall not apply to a candidate in aid of himself or herself, or to any committee which makes expenditures solely for the purposes of advocating the adoption or defeat of a ballot measure.
7. Subject to subsections (A)(5)(b) and (c), the $100.00 limitation of subsection (A)(1) shall not apply to any independent committee composed solely of:
a. One individual; or
b. One other person organized principally for a purpose other than participating in, or influencing, an election or elections.
8. No person shall make a contribution for any other person under an assumed name or under the name of any other person.
9. No committee shall make any expenditures to influence or attempt to influence the voters in a city election if such committee has not complied with the contribution limitations imposed by this article upon such committees’ receipt of funds.
10. If a committee treasurer is offered a contribution which would be in excess of the limitation, the treasurer must refuse the contribution. If, however, a contribution which is in violation of this section is deposited into the campaign trust account, the treasurer shall report in writing to the city clerk within five days of the receipt of the contribution the facts surrounding such payment or contribution. Any such payment or contribution so deposited shall be paid promptly, from available campaign funds, if any, to the city for deposit in the general fund of the city.
11. This section shall not prohibit a committee from conveying to a candidate any monies legally received by said committee as contributions.
B. Time Period for Contributions.
1. No candidate or controlled committee for a candidate seeking elective city office shall solicit or accept contributions prior to the 12 months preceding the primary election for the office sought.
2. After the withdrawal, defeat or election of a candidate for elective city office, no contributions shall be accepted by the candidate or controlled committee unless there are outstanding debts or loans, and shall be used only to pay the outstanding debts and loans owed by the candidate or controlled committee. (Ord. 341 §§ 2, 3, 2006; Ord. 61 § 1, 1988; 1987 Code § 2.26.030)
2.24.045 Contributions – Limit on aggregate contributions from organizations.
No candidate or controlled committee for a candidate seeking elective city office shall solicit or accept a contribution from persons other than individuals, which causes the aggregate contributions received by the candidate from persons other than individuals to exceed $5,000 in a single election campaign. For purposes of this section “election campaign” begins at the time a statement of intention to be a candidate is filed, and ends with the withdrawal, defeat or election of the candidate for the office sought. (Ord. 341 § 4, 2006)
2.24.048 Contributions – Contributions by city contractors.
No person(s) who contracts with the city of Solana Beach, either for the rendition of personal services or for the furnishing of any material, supplies, or equipment to the city, or for the sale or lease of any land or building to or from the city, shall make any contribution to a city candidate or controlled committee at any time between the commencement of negotiations for and (1) the completion of performance of such contract or (2) the termination of negotiations for such contract, whichever occurs later. (Ord. 341 § 5, 2006)
2.24.050 Contributions – Additional restrictions – Disclosure.
A. No person shall knowingly accept any contribution or loan in excess of $20.00 without obtaining the name, address, occupation, employer’s name, or if self-employed, the name of the business of the person making the contribution or loan.
B. No person shall make a contribution or loan for any other person under an assumed name or under the name of any person.
C. Contributions or loans, not to exceed a total of $20.00 from any one person or source may be retained by a candidate or any committee including a committee supporting or opposing the passage of a measure, when received from anonymous sources or from persons who do not consent to having their name made known. Any such amount in excess of $20.00 shall be turned over to the city clerk and deposited into the city’s treasury within 10 days of receipt of the contribution.
D. Any candidate or committee that is required to file a campaign statement for a municipal election in Solana Beach pursuant to the Political Reform Act of 1974 or SBMC 2.24.080 shall, in addition to the information otherwise required, list the name, address, occupation, name of employer or, if self-employed, the name of the business, and amount contributed or loaned by each person who has contributed or loaned a cumulative amount in excess of $20.00. (Ord. 61 § 1, 1988; 1987 Code § 2.26.035)
2.24.060 Identification of expenditures by committees.
Independent committees which make expenditures for or against a candidate or measure shall indicate clearly on any material published, displayed or broadcast, the name of the independent committee and the fact that the material was paid for by an independent committee. Every independent committee shall comply with all of the reporting requirements imposed on candidates and committees by this article, including both contributions to and expenditures by such committee. (Ord. 61 § 1, 1988; 1987 Code § 2.26.040)
2.24.065 Notification of large independent expenditures.
Any person who makes independent expenditures of more than $1,000 in support of or opposition to any candidate for city elective office shall notify the city clerk and all candidates for the same office of such expenditure or expenditures by electronic mail, facsimile, telegram, guaranteed overnight mail through the United States Postal Service, private delivery service or personal delivery within 24 hours. Such notification shall be made each time this threshold of $1,000 is met. The notice shall identify the person making the independent expenditure or expenditures, the person receiving the payment, the amount of the expenditure, and a description of the goods or services purchased. The 24-hour notification period shall begin to run at the time the payment is made, or at the time the contracting for the goods or services is completed, whichever occurs first. (Ord. 341 § 6, 2006)
2.24.068 Identification of sponsored committees.
A. A sponsored committee shall include the name of its sponsor in the name of the committee. If the sponsored committee has more than one sponsor and the sponsors are members of an industry or other identifiable group, the name of the committee shall include a term identifying that industry or group.
B. A sponsored committee shall indicate on the committee’s statement of organization the industry, group or affiliation of the sponsor. (Ord. 341 § 7, 2006)
2.24.070 Election campaign accounts.
A. Election Campaign Account. Each candidate’s campaign treasurer and every primarily formed committee, whether composed of a single individual or otherwise, that receives or expends more than $500.00, or if a committee more than $200.00, shall open a checking account at a state or federally chartered bank or savings and loan association. Said account shall be identified as the election campaign account. The account number of each such account shall be provided to the city clerk in writing within 10 days of the opening of such account. Any committee that receives or expends more than $200.00 shall file with the city clerk a statement of organization in substantially the same form required by state law not later than 10 days following the opening of the election campaign account.
B. Deposit of Contributions. All campaign contributions accepted by a campaign treasurer or committee shall be deposited within five days of receipt into the election campaign account by the campaign treasurer, committee or authorized agent thereof.
C. Expenditures. Campaign expenditures made after a checking account is required to be opened shall be made only by checks drawn against the election campaign account by the campaign treasurer, committee or authorized agent.
1. No campaign treasurer, committee or authorized agent shall draw checks against the election campaign account except for campaign expenses; provided, that checks may be drawn against the election campaign account to establish a petty cash fund. The petty cash fund shall not exceed $150.00 total amount in any one election.
2. Funds in the election campaign account shall not be considered for any purpose to be personal funds of a candidate, campaign treasurer, or any other person. Said funds shall be held in trust.
3. For purposes of this section, any expenditures shall be deemed made by check drawn against the election campaign account if both the maker of the expenditures is reimbursed by such check and the expenditure is reported by the candidate or committee within the time limits required for reporting as provided in SBMC 2.24.080(A).
D. Access to Records by City Clerk. The city clerk, and any special counsel appointed pursuant to SBMC 2.24.130, shall have full access during business hours to the bank’s or saving and loan association’s records concerning all election campaign accounts.
E. Disbursement of Unexpended Campaign Funds. If the final campaign statement for a candidate or any committee discloses an unexpended surplus, the candidate or committee may, after the election, disburse the whole of said surplus. If said fund is disbursed, it shall be disbursed to the city for deferment of election costs, or to charitable organizations of the committee’s or candidate’s choice within the city, or to both the city and a qualified organization or organizations. The candidate or committee, or authorized agent thereof, shall file a statement within 30 days of such disbursement with the city clerk, verifying said closure and listing the donees of all disbursements authorized by this section and the dollar amounts given to each donee.
F. Retention of Records. The candidate, committee, or authorized agent thereof, shall retain all campaign records for a period of four years after the election. (Ord. 341 §§ 8, 9, 2006; Ord. 61 § 1, 1988; 1987 Code § 2.26.050)
2.24.080 Campaign statements.
A. Required. Each candidate and each primarily formed committee shall file a campaign statement with the city clerk by 3:00 p.m. on the Thursday immediately preceding the election, covering the period from the closing date of the last statement filed under state law through the day immediately preceding the Thursday filing date. The required statements may be completed on campaign statement forms required to be filed by state law, so long as such forms are completed in sufficient detail to comply with the requirements of this article. Such statements shall contain a declaration by the candidate or committee chairperson that the candidate or committee has neither accepted nor solicited any campaign contribution in excess of the limitations of, or in contravention of SBMC 2.24.040 and 2.24.050. Statements filed by independent committees shall, in addition to all other requirements, identify each candidate or measure for or against whom each reported expenditure was made. Statements filed by independent committee shall be required to report only those expenditures in connection with communications that expressly advocate the election or defeat or a clearly identified candidate or ballot measure.
B. Contributions. Each campaign statement, whether filed under state law or this article, shall show the total cumulative amount of contributions received during the period covered by the statement from persons who have given $20.00 or less and the total cumulative amount of contributions received during the period covered by the statement from persons who have given a total of more than $20.00. Each person who has contributed more than $20.00 shall be listed by name, address, occupation, employer and amount contributed. The total amount received from anonymous sources and from persons who have not consented to publication shall be listed. In the event that any portion of the contributions was received in connection with a fundraiser event, then the statement shall list the gross receipts, the date and location of each event.
C. Expenditures Generally. Each campaign statement shall show the total amount of expenditures made to persons who have received $20.00 or more during the period covered by the statement. Each person who has received a total of more than $20.00 shall be listed by name and address, together with a brief description of the purpose of the expenditures.
D. Estimated Future Expenditures. The campaign statement required to be filed by the candidate or committee upon the Thursday next preceding the election date shall include, in addition to all other information required by this article, a statement of estimated additional expenditures which the candidate or committee chairperson reasonably expects to expend on or before the election date. An estimate which is unintentionally at variance with the amounts actually expended shall not constitute a violation of this article. (Ord. 341 §§ 10, 11, 2006; Ord. 61 § 1, 1988; 1987 Code § 2.26.060)
2.24.090 Reporting threshold amount.
Except statements specifically required by state law, a candidate or committee need not file a campaign statement if neither the cumulative receipts nor the cumulative expenditures exceed $500.00. (Ord. 61 § 1, 1988; 1987 Code § 2.26.070)
2.24.100 Media exemptions.
The provisions of this article shall not apply to any publication or broadcast of any news story, commentary, or editorial published through the facilities of a broadcasting station or a bona fide newspaper, magazine, or other periodical publication. A news story, commentary or editorial is not considered to be published through a bona fide newspaper, magazine, or other periodical publication if:
A. Such publication is primarily for distribution to individuals affiliated by membership or stock ownership with the person (other than an individual) distributing it or causing it to be distributed; or
B. Such publication is not primarily for purchase by the public at newsstands or paid by subscription; or
C. The news story, commentary, or editorial is distributed by a person (other than an individual) who devotes a substantial part of his activities to attempting to influence the outcome of city elections, or to influence public opinion with respect to matters of city policy or concern. (Ord. 61 § 1, 1988; 1987 Code § 2.26.080)
2.24.110 Supplies of goods and services – Disclosure of records required.
No person who supplies goods or services, or both goods or services, to a candidate or committee for use in connection with the campaign of the candidate or for or against a measure, shall refuse to divulge or disclose to the enforcement authority his record of any expenditures made by the candidate or committee in payment for such goods or services, or both. (Ord. 61 § 1, 1988; 1987 Code § 2.26.090)
2.24.120 Late filing of campaign statement.
Any person who fails to file a campaign statement by the deadline imposed by this article shall, in addition to any other penalties or remedies established pursuant to this article, be liable to the city clerk in amounts as set forth by the Political Reform Act of 1974 and the implementing regulations, until the statement is filed. (Ord. 61 § 1, 1988; 1987 Code § 2.26.100)
2.24.130 Enforcement.
A. The city attorney shall not investigate or prosecute any alleged violations of this article, but shall defend the constitutionality and legality of this article in any civil proceedings in which the city or the city council is a party.
B. Review of complaints of violation of this article and criminal prosecution thereof shall be commenced only by special counsel who shall be the district attorney, the Attorney General, or such other qualified and independent special counsel or combination of the foregoing as may be appointed by the city attorney. The appointment of special counsel shall be done in writing, and copies of the written appointment shall be provided to the city manager, city clerk and members of the city council. Such special counsel shall also commence and prosecute civil litigation to compel compliance with this article or to enjoin conduct in violation of this article, and shall commence administrative actions pursuant to SBMC 2.24.145. At least 90 days prior to a city election, a special counsel may be appointed by the city attorney for that election. Should the appointment of additional special counsel become necessary or appropriate, the city attorney may appoint such additional special counsel as may be required. No enforcement or prosecution or action of special counsel shall be subject to the review or control of the city council or the city attorney. The cost of special council may be paid from the city general fund.
C. Any person residing in the city who believes that a violation of this article has occurred may file a written complaint requesting investigation of such violation by the special counsel. If the special counsel determines that there is reason to believe a violation of this article has occurred, it shall conduct an investigation and may commence such administrative, civil, or criminal legal action as it deems necessary for the enforcement of this article.
D. The special counsel shall have such investigative powers as are necessary for the performance of duties described in this article and may demand and be furnished records of campaign contributions and expenditures of any person or committee at any time. In the event that production of such reports is refused, the special counsel may commence civil litigation to compel such production.
E. The special counsel shall be immune from liability for its enforcement of this article.
F. Any action alleging violation of this article must be commenced within two years of the time the alleged violation occurred. (Ord. 341 §§ 12, 13, 2006; Ord. 61 § 1, 1988; 1987 Code § 2.26.110)
2.24.140 Enforcement – Criminal or civil liability.
A. Any knowing or wilful violation of any provision of this article may be prosecuted, either as an infraction or as a misdemeanor, at the discretion of the prosecutor under the provisions of Chapter 1.16 SBMC. In addition to any other penalty provided by law, any wilful or knowing failure to report truthfully any contribution or expenditure shall be punishable by a fine of not less than $500.00. The chairperson and treasurer of any committee shall be both criminally and civilly responsible for any violation of this article by the committee. In addition, the candidate shall be both criminally and civilly responsible for any violation by a committee controlled by the candidate.
B. If a candidate is convicted of a violation of SBMC 2.24.040 or 2.24.045, the election to office of such candidate shall be void and such office shall immediately become vacant. In such event, the vacancy shall be filled in accordance with the procedures as set forth in the Government Code. (Ord. 341 §§ 14, 15, 2006; Ord. 61 § 1, 1988; 1987 Code § 2.26.120)
2.24.145 Enforcement – Administrative enforcement.
A. This section provides for administrative remedies for violations of this article, which are in addition to all other legal remedies, criminal or civil, which may be pursued by the city to address any violation of this article.
B. Whenever the special counsel appointed pursuant to SBMC 2.24.130 determines that there is probable cause that a violation of one or more provisions of this article has occurred or exists, a written notice and order may be issued to the alleged violator.
C. The notice and order shall refer to the code section violated and describe how the sections are or have been violated, and the dates of all violations. The notice and order shall also set a date, time and place for a hearing, which shall be held no fewer than 10 days following the service of the notice.
D. The notice and order shall be served upon the alleged violator by personal service, or certified mail with postage prepaid and return receipt requested.
E. The city manager shall designate a hearing officer, who shall not be a city employee. The compensation of the hearing officer, if any, shall be paid by the city. The employment, evaluation, and compensation, if any, of the hearing officer shall not be directly or indirectly conditioned upon the outcome of the hearing.
F. At the hearing, the hearing officer shall consider whether a preponderance of evidence demonstrates the existence of the violation. The alleged violator or any other interested persons may present testimony or evidence concerning the existence of the violations, and the alleged violator may cross examine witnesses.
G. Hearings shall be conducted in an expeditious manner to enable all interested parties to present relevant evidence. Formal rules of evidence shall not be required. Time limits for presenting evidence, order of testimony, handling of exhibits, and similar matters shall be at the discretion of the hearing officer. The hearing officer may continue the hearing to obtain additional evidence, or for other good cause.
H. Failure of the alleged violator to attend the hearing shall constitute an admission of the violation by the alleged violator and a failure to exhaust administrative remedies that may bar judicial review.
I. After considering all the testimony and evidence submitted at the hearing, the hearing officer shall issue a written order, including findings regarding the existence of each violation, the reasons for the decision, and notice of the right to judicial review. The written decision shall be issued within 30 days of the hearing, and served on the alleged violator within 10 days of its issuance. The order shall be final upon service on the alleged violator, subject only to judicial review as allowed by law.
J. If the hearing officer finds that the alleged violator committed the violation by a preponderance of evidence, the hearing officer shall impose a penalty and a date the penalty and any administrative costs shall be due and payable.
K. An administrative penalty for a violation of this article shall be set at a maximum of $5,000 per violation, and a minimum of $500.00 per violation, and the maximum total penalty shall not exceed $50,000. In determining the amount of penalty to be imposed, the hearing officer shall consider the following factors: duration of the violation, frequency of recurrence of the violation, seriousness of the violation, history of violations, good faith effort of the violator to correct the violation, economic impact of the violation on the violator, impact of the violation on the community and the city, and any other relevant factors that justice may require.
L. Upon the failure of any person to pay the assessed administrative penalty by the date specified in the hearing officer’s decision, the unpaid amount shall constitute a personal obligation of the violator. The city manager shall collect the obligation by use of all appropriate legal means. If unable to collect the obligation, the city manager shall refer the obligation to the city attorney to file a court action to recover these costs.
M. Any person subject to a decision of the hearing officer may obtain judicial review of the decision in the superior court pursuant to the provisions of California Government Code Section 53069.4, as amended. (Ord. 341 § 16, 2006)
2.24.150 Use of funds deposited with city.
Any funds paid to or deposited with the city by operation of, or pursuant to, the provisions of this article shall be placed in the city’s general fund and designated for use in defraying the costs of municipal elections including the administration or enforcement of this article. (Ord. 61 § 1, 1988; 1987 Code § 2.26.120)
Prior legislation: Ord. 27.