Chapter 1.36
VOLUNTARY CODE OF FAIR CAMPAIGN PRACTICES
Sections:
1.36.040 Qualification for compliance – Candidates.
1.36.050 Qualification for compliance – Political action committees.
1.36.010 Findings.
The city council finds as follows:
A. There are basic principles of honesty, fairness, responsibility and respect to which every candidate for public office and every political action committee supporting or opposing such candidates should adhere in order to be worthy of the public office that that candidate seeks.
B. Campaign communications should present only information that is fair, relevant and truthful to the voters for their consideration.
C. Candidates and political action committees that fall short of adhering to such principles alienate the public from the electoral process and erode the public’s trust and confidence in the offices that those candidates seek.
D. Electoral campaigns are subject to unacceptable levels of negativism, attack advertising and other practices that demean representative democracy and undermine elected officials’ ability to serve in the public interest.
E. Negative, attack-oriented campaigns are a major factor in the growing cynicism, alienation and nonparticipation among American voters, striking at the heart of the American system of government.
F. Candidates and political action committees have a responsibility to conduct civil, issue-oriented debates with fellow candidates and provide opponents with a meaningful opportunity to respond to any claims concerning their positions or qualifications to hold office.
G. Candidates for public office and political action committees should have the ability to conduct clean and ethical campaigns. (Ord. 20-04 § 1 (Att. 1); Ord. 20-02 § 1 (Att. 1); Ord. 07-01 § 1).
1.36.020 Purpose.
The city council enacts this chapter to accomplish the following purposes:
A. To promote the principles of honesty, fairness, responsibility and respect in campaigning for public office.
B. To promote campaign communications to the public that are fair, relevant and truthful.
C. To induce candidates and political action committees to adhere to principles which enhance the electoral process and build the public’s trust and confidence.
D. To eliminate unacceptable levels of negativism, attack advertising and other practices that demean representative democracy and undermine an elected official’s ability to serve the public interest.
E. To promote responsible civil conduct and issue-oriented debates.
F. To promote candidates for public office and political action committees to conduct clean and ethical campaigns. (Ord. 20-04 § 1 (Att. 1); Ord. 20-02 § 1 (Att. 1); Ord. 07-01 § 1).
1.36.030 Application.
This chapter shall apply to all election campaigns including campaigns for mayor and city council, citizen initiatives, referenda, recalls and all other city ballot measures. Candidates for mayor and city council as well as political action committees may participate in and elect to adhere to the Voluntary Code of Fair Campaign Practices.
For purposes of this chapter, “political action committee” shall mean any political committee organized for the purpose of raising and spending money to elect and defeat candidates, legislation, or ballot measures and initiatives. Political action committees shall include independent expenditure committees, primarily formed recipient committees, and general purpose recipient committees. Political action committees shall not include controlled committees. (Ord. 20-04 § 1 (Att. 1); Ord. 20-02 § 1 (Att. 1)).
1.36.040 Qualification for compliance – Candidates.
A candidate (or controlled committees of such candidate running for office or a committee formed for the purpose of a recall) qualifies as a participating candidate for an election campaign period if the following requirements are met:
A. The candidate voluntarily endorses, subscribes to, and solemnly pledges to conduct his or her campaign in accordance with the current version of the Benicia Code of Fair Campaign Practices.
B. The candidate will immediately and publicly repudiate those who take actions that either help a candidate’s candidacy or hurt an opponent’s candidacy, which are inconsistent with the Benicia Code of Fair Campaign Practices.
C. At the time an individual files his or her declaration of candidacy, nomination papers, or any other paper evidencing an intention to be a candidate for public office, the elections official shall give the individual a blank form of the Benicia Code of Fair Campaign Practices and a copy of this chapter. The elections official shall inform each candidate for public office that subscription to the code is voluntary.
D. If the candidate agrees to voluntarily endorse, subscribe to, and solemnly pledge to conduct their campaign in accordance with the current version of the Benicia Code of Fair Campaign Practices:
1. The cost for setup and printing of each candidate’s statement will be borne by the city; and
2. The cost of printing the statement of qualifications in English and inspection costs to determine the accuracy and legal form of the nomination papers shall be borne by the city.
E. Candidates for public office who do not voluntarily endorse, subscribe to, and solemnly pledge to conduct their campaign in accordance with the current version of the Benicia Code of Fair Campaign Practices will be responsible for any and all costs for the setup and printing of each candidate’s statement and the printing of the statement of qualifications in English and inspection costs to determine the accuracy and legal form of the nomination papers. (Ord. 20-04 § 1 (Att. 1); Ord. 20-02 § 1 (Att. 1); Ord. 07-01 § 1. Formerly 1.36.030).
1.36.050 Qualification for compliance – Political action committees.
A political action committee qualifies as a participating political action committee for an election campaign period if the following requirements are met:
A. The political action committee voluntarily endorses, subscribes to, and solemnly pledges to support and/or oppose campaigns in accordance with the current version of the Benicia Code of Fair Campaign Practices.
B. If a political action committee agrees to voluntarily endorse, subscribe to, and solemnly pledge to support and/or oppose campaigns in accordance with the current version of the Benicia Code of Fair Campaign Practices, the city shall post on its website a statement that said political action committee has voluntarily subscribed to the Benicia Code of Fair Campaign Practices. (Ord. 20-04 § 1 (Att. 1)).