Chapter 2.14
ELECTIONS
Sections:
Article I. Date of General Municipal Elections
2.14.010 Date of general municipal elections.
Article II. Election Campaign Contributions
2.14.020 Findings and purpose – Statutory authority.
2.14.030 Definitions.
2.14.040 Anonymous contributions.
2.14.050 Filing of verified campaign expenditures statement.
2.14.060 Electronic filing of campaign statements.
2.14.070 Enforcement.
Article III. District Elections
2.14.080 District-based elections system.
2.14.090 Districts.
2.14.100 Election schedule.
Article IV. Code of Fair Campaign Practices
2.14.310 Findings and purpose.
2.14.320 Voluntary pledge – Candidates.
2.14.330 Voluntary pledge – Local committees.
Article I. Date of General Municipal Elections
2.14.010 Date of general municipal elections.
The general municipal elections of the City shall be held on the first Tuesday after the first Monday in November of each even-numbered year, commencing with the year 2014. All other municipal elections that may be called under the authority by the general laws shall be known as special elections.
Notwithstanding the two-year term set forth in Chapter 2.04 LMC for the office of the mayor, the mayor’s term of office that would have expired in 2013 shall continue until the November 2014 election. Notwithstanding the four-year City Council member term, any Council member whose term of office would have expired as of 2013 shall continue in their offices until the November 2014 election, and any Council member whose term of office would have expired as of 2015 shall continue in their offices until the November 2016 election. (Ord. 2065 § 1(A), 2018; Ord. 2016 § 1(D), 2015; Ord. 1974 § 1, 2012; Ord. 1105A, 1982)
Article II. Election Campaign Contributions
2.14.020 Findings and purpose – Statutory authority.
Pursuant to the authority granted to the City Council in Government Code Section 81013 permitting the imposition of additional local requirements to the Political Reform Act of 1974, the City Council hereby finds that it is in the public interest that candidates, and treasurers of committees aiding such candidates, make a full and fair declaration disclosing the persons making contributions, the amounts of such contributions, as well as the persons to whom or on behalf of whom expenditures are made, and the amounts of such expenditures. (Ord. 2066 § 3 (Exh. A), 2018; Ord. 2065 § 1(A), 2018; Ord. 1219 § 2, 1986)
2.14.030 Definitions.
The following definitions shall apply to this chapter, and supplement and add to the corresponding definitions for those terms as they are codified in the Political Reform Act beginning at Government Code Section 82000 et seq.:
A. “Campaign statement” means an itemized statement prepared in duplicate by each candidate, committee, or the treasurer for each candidate or committee showing, in addition to matters required by law, the following information:
1. The name, complete mailing address, occupation and place of employment, and business address if self-employed, of any person who paid, loaned, contributed or otherwise furnished $25.00 or more, or its equivalent, to the candidate or to the committee as that term is defined in subsection B of this section, for the support or defeat of a candidate or for a committee to directly or indirectly for the support or defeat of a candidate’s election, or for the qualification, passage or defeat of any measure, and the amount, in detail, of such money or its equivalent that was contributed; and
2. All expenditures of $25.00 or more shall be itemized in detail, with the amount and names of persons and/or concerns where the moneys were expended.
The purchase of any tickets cumulatively totaling $25.00, or more, for any fundraising event, regardless of number purchased, value of each ticket, or frequency of purchase, is subject to the provisions of this section. Likewise, the donation of $25.00 or more to any “kitty” at any campaign event is subject to the provisions of this section.
This definition also modifies “Contents of a Campaign Statement,” codified at Government Code Section 84210 with regard to these additional City requirements.
B. “Committee” means:
1. A committee, person, or group of persons organized for the purpose or charged with the duty of conducting or aiding the election campaign, including fundraising events, for the support or defeat of any candidate for municipal office of the City, or for the support or defeat of a measure under consideration in the City;
2. Any committee, person, or group of persons aiding, directly or indirectly, any candidate, measure, or committee, as defined in subsection (B)(1) of this section, whether or not originally organized for election purposes.
C. “Election period” means that period of time commencing on the fifty-eighth day following a general, municipal or special municipal election in which there were municipal candidates or measures, and extending to 12:00 noon of the fifth day (Thursday) before the next general, municipal or special municipal election in which there are municipal candidates or measures. The “election period” for the offices of mayor and Council member is the term related to the specific office involved such that the election period for an office involving the election of municipal candidate shall be from the fifty-eighth day following a general election for that office until the next election at which that specific office is subject to election. (Ord. 2066 § 3 (Exh. A), 2018; Ord. 2065 § 1(A), 2018; Ord. 1731 § 1, 2004; Ord. 1219 § 2, 1986)
2.14.040 Anonymous contributions.
Notwithstanding the provisions of LMC 2.14.030(A), a candidate or committee shall be permitted to accept and retain anonymous contributions up to an aggregate limit of $50.00 per reporting period. The total amount of such contributions shall be stated on the candidate’s or committee’s campaign statement. If the total of anonymous contributions exceeds $50.00 in any one reporting period, the excess shall be paid to the Administrative Services Director of the City within one business day after the next reporting date. (Ord. 2066 § 3 (Exh. A), 2018; Ord. 2065 § 1(A), 2018; Ord. 1895 § 3, 2010; Ord. 1731 § 3, 2004; Ord. 1219 § 2, 1986. Formerly 2.14.050)
2.14.050 Filing of verified campaign expenditures statement.
A. To ensure full disclosure, each candidate, committee, or the treasurer for each candidate or committee, shall disclose all expenditures on behalf of the candidate to the candidate or his or her treasurer not later than one business day after the expenditure.
B. Cumulative preliminary campaign statements shall be filed by the following dates by the candidate and each committee:
1. No later than 40 days prior to the election; this report closes 45 days prior to the election;
2. No later than 12 days prior to the election; this report closes 17 days prior to the election;
3. An additional final contributions disclosure statement shall be filed with the city clerk during regular business hours on the Thursday preceding the election; this report closes at 12:00 noon on the date of filing. This report is in addition to the reports required to be filed under state law in Government Code Section 84200;
4. The final post-election campaign statement will be filed not later than January 31st of the year following the election in accordance with the provisions of the Political Reform Act. In the event that the date of the City election changes, the final post-election report shall be filed on a semi-annual basis in accordance with the provisions of the Political Reform Act;
5. Filing must be received by the city clerk, by 5:00 p.m., and is not accomplished by depositing in the mail;
6. Each committee supporting or opposing a measure shall file its expenditure reports in accordance with the provisions of the Political Reform Act. (Ord. 2066 § 3 (Exh. A), 2018; Ord. 2065 § 1(A), 2018; Ord. 1731 § 4, 2004; Ord. 1219 § 2, 1986. Formerly 2.14.060)
2.14.060 Electronic filing of campaign statements.
A. Any candidate, committee, treasurer for a candidate or committee, or other person required to file statements, reports or other documents described by California Government Code Chapter 4 (Campaign Disclosure) of Title 9 (Political Reform), and that has received contributions of $1,000 or more or made expenditures of $1,000 or more within a calendar year, shall electronically file such statements using procedures established by the city clerk.
B. Once a candidate, committee, treasurer for a candidate or committee, or other person files a statement, report, or other document electronically pursuant to subsection A of this section, all future statements, reports, or other documents on behalf of that filer shall be filed electronically.
C. In any instance in which an original statement, report, or other document must be filed with the California Secretary of State and a copy of that statement, report, or other document is required to be filed with the city clerk, the filer may, but is not required to, file the copy electronically.
D. If the city clerk’s electronic system is not capable of accepting a particular type of statement, report, or other document, a candidate, committee, treasurer for a candidate or committee, or other person required to file statements shall file that document with the city clerk in an alternative format designated by the city clerk.
E. Each elected officer, candidate, and committee shall be shall be responsible for notifying all contributors to the respective candidate, committee, or the treasurer for each candidate or committee that their identity shall be reported. (Ord. 2066 § 3 (Exh. A), 2018)
2.14.070 Enforcement.
A violation of any provision of this chapter shall be considered an infraction under the provisions of LMC 1.16.010. To provide additional enforcement of this chapter:
A. The City Attorney is authorized to sue for injunctive relief to enjoin violations or compel compliance with the provisions of this chapter; and
B. The city clerk is authorized to apply the provisions of Government Code Section 91013 to violations of this chapter regarding late filings. (Ord. 2066 § 3 (Exh. A), 2018; Ord. 2065 § 1(A), 2018; Ord. 1219 § 2, 1986)
Article III. District Elections
2.14.080 District-based elections system.
A. Pursuant to California Government Code Sections 34886 and 34871(c), Council members shall be elected on a district-based elections system in four single-member districts. For purposes of this article, the term “district-based elections system” shall mean the election of members of the City Council by the voters of the district alone.
B. Except as provided in subsection C of this section, the Council member elected to represent a district must live in that district and be a registered voter in that district, and any candidate for City Council must live in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued, pursuant to California Government Code Section 34882 and Elections Code Section 10227.
C. A Council member in office at the time this article takes effect shall continue in office until the expiration of the full term to which he or she was elected or appointed and until his or her successor is qualified. If vacancies in Council member offices elected at large occur before expiration of the full term thereof, such vacancies shall be filled according to law from the City at large.
D. Upon expiration of the full term of each Council member elected at large, that Council member’s successor shall be elected on a by-district basis in the districts established in LMC 2.14.090(A) and (B) and as provided in LMC 2.14.100. (Ord. 2133 § 3 (Exh. A), 2022; Ord. 2078 § 2, 2018)
2.14.090 Districts.
A. Subject to LMC 2.14.100, City Council members shall be elected on a by-district basis from the Council districts depicted on the map attached to the ordinance codified in this article, which is Exhibit B to that ordinance and incorporated by this reference. To the extent there is a conflict between the map incorporated herein and the descriptions contained in subsection B of this section, the map shall prevail.
B. The districts are as follows:
1. District 1: All the portion of the City of Livermore contained within this boundary: Beginning at the intersection of the westerly boundary of the City of Livermore and East Stanley Boulevard; thence proceeding easterly along East Stanley Boulevard to Arroyo Mocho; thence proceeding southeasterly along Arroyo Mocho to Holmes Street; thence proceeding northerly along Holmes Street to 4th Street; thence proceeding northeasterly along 4th Street to South Livermore Avenue; thence proceeding southeasterly along South Livermore Avenue to East Avenue; thence proceeding easterly along East Avenue to Maple Street; thence proceeding northwesterly along Maple Street to 5th Street; thence proceeding northeasterly along 5th Street to Church Street; thence proceeding northwesterly along Church Street to 1st Street; thence proceeding southwesterly along 1st Street to Old 1st Street; thence proceeding northerly along Old 1st Street to Junction Avenue; thence proceeding northwesterly along Junction Avenue to Ladd Avenue; thence proceeding northeasterly along Ladd Avenue to Lee Avenue; thence proceeding northerly along Lee Avenue to Portola Avenue; thence proceeding westerly along Portola Avenue to the northerly boundary of the City of Livermore; thence proceeding westerly along the City of Livermore City limits boundary line courses in a counterclockwise direction to East Stanley Boulevard and the point of beginning of this description.
2. District 2: All the portion of the City of Livermore contained within this boundary: Beginning at the intersection of the northerly boundary of the City of Livermore and Portola Avenue; thence proceeding southerly along Portola Avenue to Lee Avenue; thence proceeding southerly along Lee Avenue to Ladd Avenue; thence proceeding southwesterly along Ladd Avenue to Junction Avenue; thence proceeding southeasterly along Junction Avenue to Old 1st Street; thence proceeding southwesterly along Old First Street to 1st Street; thence proceeding northeasterly along 1st Street to railroad, and proceeding easterly along railroad to fork of railroad nearest Arroyo Las Positas; thence proceeding easterly along southernmost fork of railroad to the easterly boundary of the City of Livermore; thence proceeding along the City of Livermore City limits boundary line courses in a counterclockwise direction to Portola Avenue and the point of beginning of this description.
3. District 3: All the portion of the City of Livermore contained within this boundary: Beginning at the intersection of the southerly boundary of the City of Livermore and Robertson Park Road; thence proceeding westerly along Robertson Park Road to Arroyo Road; thence proceeding northerly along Arroyo Road to Arroyo Mocho; thence proceeding westerly along Arroyo Mocho to Holmes Street; thence proceeding northerly along Holmes Street to 4th Street; thence proceeding northeasterly along 4th Street to South Livermore Avenue; thence proceeding southeasterly along South Livermore Avenue to East Avenue; thence proceeding easterly along East Avenue to Maple Street; thence proceeding northwesterly along Maple Street to 5th Street; thence proceeding northeasterly along 5th Street to Church Street; thence proceeding northwesterly along Church Street to 1st Street; thence proceeding northeasterly along 1st Street to railroad; thence proceeding easterly along railroad to fork of railroad nearest Arroyo Las Positas; thence proceeding easterly along southernmost fork of railroad to the easterly boundary of the City of Livermore; thence proceeding along the City of Livermore City limits boundary line courses in a clockwise direction to Robertson Park Road and the point of beginning of this description.
4. District 4: All the portion of the City of Livermore contained within this boundary: Beginning at the intersection of the southerly boundary of the City of Livermore and Robertson Park Road; thence proceeding westerly along Robertson Park Road to Arroyo Road; thence proceeding northerly along Arroyo Road to Arroyo Mocho; thence proceeding westerly along Arroyo Mocho to East Stanley Boulevard; thence proceeding westerly along East Stanley Boulevard to the westerly boundary of the City of Livermore; thence proceeding along the City of Livermore City limits boundary line courses in a clockwise direction to Robertson Park Road and the point of beginning of this description.
C. The Council districts specified in subsections A and B of this section shall continue in effect until they are amended or repealed in accordance with law. (Ord. 2133 § 3 (Exh. A), 2022; Ord. 2078 § 2, 2018)
2.14.100 Election schedule.
Except as otherwise required by California Government Code Section 36512, Council members shall be elected in Council districts 3 and 4 beginning at the general municipal election in November 2020, and continue every four years thereafter. Council members shall be elected in Council districts 1 and 2 beginning at the general municipal election in November 2022, and continue every four years thereafter. The election schedule for the mayor is not affected by this section. (Ord. 2133 § 3 (Exh. A), 2022; Ord. 2078 § 2, 2018)
Article IV. Code of Fair Campaign Practices
2.14.310 Findings and purpose.
The City Council hereby finds that it is in the public interest to encourage candidates and local committees to follow the basic principles of decency, honesty, and fair play so that the citizens may exercise their right to vote free from dishonest and unethical practices that tend to prevent voters from fully and freely expressing their will. (Ord. 2084 § 3 (Exh. A), 2019)
2.14.320 Voluntary pledge – Candidates.
At the time an individual is issued his or her declaration of candidacy, nomination papers, or any other paper evidencing an intention to be a candidate for Mayor or City Council, the City Clerk shall give the individual a blank form of the Code of Professional Conduct set forth in California Elections Code Section 20440, as it is amended from time to time, along with a copy of Division 20, Chapter 5, of the California Elections Code. The City Clerk shall inform each candidate that a pledge to subscribe to the code is voluntary. (Ord. 2084 § 3 (Exh. A), 2019)
2.14.330 Voluntary pledge – Local committees.
At the time a local committee making an independent expenditure files an initial campaign statement with the City Clerk on behalf of the committee in accordance with Title 9 (commencing with Section 81000) of the Government Code, and 90 days prior to any election for any active local committees, the City Clerk shall provide the treasurer, chairpersons, or other person that filed the initial campaign statement for the local committee a blank form of the Code of Professional Conduct set forth in California Elections Code Section 20440, as it is amended from time to time, along with a copy of Division 20, Chapter 5, of the California Elections Code. The City Clerk shall inform each local committee that a pledge to subscribe to the code is voluntary. (Ord. 2084 § 3 (Exh. A), 2019)