The purpose of this chapter is to enact, as authorized by California
Government Code Section 85702.5, an ordinance imposing limits on contributions
to candidates for elective city offices that differ from the limits
set forth in California
Government Code Section 85301(d). High costs
and large campaign contributions associated with campaigns for local
elective office can undermine the public’s trust and confidence
in the electoral process and lead to unfair competition between candidates.
It is the intent of this chapter to promote the small town atmosphere
of local elections consistent with community values and to end the
fundraising “arms race” by lowering campaign costs and
slowing the increase in campaign spending by implementing comprehensive
campaign finance reforms including mandatory contribution limits and
an effective enforcement mechanism.
(Ord. 1642 § 1, 1982; Ord. 3487 § 1, 2000; Ord. 3599 § 1, 2000; Ord. 6183 § 1, 2020)
This chapter is intended to supplement the Political Reform Act of 1974. Unless otherwise provided herein, words and phrases used in this chapter including reporting periods and thresholds, shall have the same meaning as defined in the Political Reform Act of 1974, Title
9 of the
Government Code of the State of California, as said Act now exists or may hereafter be amended.
(Ord. 1642 § 1, 1982; Ord. 3599 § 1, 2000)
Whenever in this chapter the following words or phrases are
used, they shall mean as follows:
“Candidate”
means any individual who is listed on the ballot or who has
begun to circulate nominating petitions or authorized others to circulate
petitions in his or her behalf, for nomination for or election to
any elective city office, or who receives a contribution or makes
an expenditure or gives his or her consent for any other person to
receive a contribution with a view to bringing about his or her nomination
or election to any city 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 holder of any elective city office who is the subject of a recall
election.
“Campaign”
means the effort associated with seeking election to any
elective city office.
“Campaign period,”
for general election, means the period from a point nine months prior to the general election for any elective city office, until the December 31st immediately following such general election. “Campaign period” for a special election means the period from the date the city council calls for special election until two months after the special election. In the case of a recall election, the “campaign period” shall commence on the date a notice of intent to circulate a recall petition is served on the city clerk until two months after the recall election. Except as provided in Section
2.60.065(E) below, no candidate shall retain or expend any contribution received outside of the campaign period for any election in which he or she is a candidate.
“Contribution”
means a payment, a forgiveness of a loan, a 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. An expenditure made at the behest of
a candidate, committee or elected officer is a contribution to the
candidate, committee or elected officer unless full and adequate consideration
is received for making the expenditure.
1.
Contribution includes the purchase of tickets for events such
as dinners, luncheons, rallies and similar fundraising events; the
granting of credit other than in the normal course of business; 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 extended on an equal basis to all candidates for
the same office; and 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 committee
without payment of full and adequate consideration.
2.
Contribution shall further include any payment received by a
committee from another committee.
3.
Contribution shall not include amounts received pursuant to
an enforceable promise to the extent such amounts have been previously
reported as a contribution.
4.
Contributions shall not include the cost of an event held in
honor or on behalf of a candidate or committee when the total cost
of the event amounts to no more than $475.00 and when the event is
not held for the purpose of obtaining contributions to the candidate
or committee.
5.
Notwithstanding the foregoing definition, contribution shall
not include volunteer personal services or payments made by an 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 indirectly, repaid to him or her. Further, contribution shall not
include an independent expenditure.
6.
A candidate’s own money or property used on behalf of
his or her candidacy shall not be considered a contribution.
“Contribution period”
means any calendar year in which the candidate is the defendant
or respondent in a bona fide legal action, either civil, administrative,
or criminal, arising from the candidate’s status as a candidate
or incumbent officeholder. Each calendar year shall be a separate
contribution period.
“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 committee if he or she, his or her agent or any other committee
he or she controls has a significant influence on the actions or decisions
of the committee.
“Election”
means any general or special election held in the City of
Roseville, including any recall election.
“Expenditure”
means a payment, a forgiveness of a loan, a payment of a
loan by a third party, or an enforceable promise to make a payment,
unless it is clear from the surrounding circumstances that it is not
made for political purposes. An expenditure is made on the date payment
is made or on the date consideration is received, whichever is earlier.
“Independent expenditure”
means an expenditure made by any person in connection with
a communication which expressly advocates the election or defeat of
a clearly identified candidate, or taken as a whole and in context,
unambiguously urges a particular result in an election but which is
not made to or at the behest of the affected candidate or committee.
“Person”
means an individual, proprietorship, firm, partnership, joint
venture, syndicate, business trust, company, corporation, association,
committee, labor union, and any other organization or group of persons
acting in concert.
(Ord. 1642 § 1, 1982; Ord. 3487 § 1, 2000; Ord. 3557 § 1, 2000; Ord. 3599 § 1, 2000; Ord.
5287 § 1, 2014; Ord. 5878 § 1, 2017)
A filing fee in the amount of $25.00 shall be paid by the candidate
at the time of filing nomination papers. (California
Elections Code
§10228).
(Ord. 4637 § 1, 2008)
A. Following
the end of the campaign period, any candidate or controlled committee
may retain campaign funds in an amount not to exceed $5,000.00 in
an account established pursuant to California
Government Code Section
85201, subject to the provisions of this title.
B. All
funds so retained shall be expended solely for legal or accounting
expenses, charitable events, donations to any bona fide charitable,
educational, civic, religious, or similar tax-exempt, nonprofit organization
and expenditures associated with holding office, where no substantial
part of the proceeds will have a material financial effect on the
former candidate or elected officer, any member of his or her immediate
family, or his or her campaign treasurer.
C.
1. The candidate shall not be allowed to accept contributions to replenish the account authorized in subsection
A of this section. At no time shall the account exceed $5,000.00.
2. Any candidate or incumbent officeholder who has been subject to the contribution limits of Section
2.60.065 shall be subject to the same contribution limits for each contribution period.
D. No funds
from the campaign or officeholder accounts shall be used to pay any
fine or penalty arising from a criminal conviction. In no event shall
any funds from the campaign or officeholder accounts be used to institute
or prosecute litigation against the City of Roseville, including,
but not limited to, claims for defense or indemnification.
E. Upon
leaving office, any funds remaining in the officeholder account may
be used solely for donations to any bona fide charitable, educational,
civic, religious, or similar taxexempt, nonprofit organization, where
no substantial part of the proceeds will have a material financial
effect on the former elected official, any member of his or her immediate
family, or his or her campaign treasurer.
(Ord. 3599 § 1, 2000; Ord. 3717 § 1, 2001; Ord. 3981 § 1, 2003; Ord. 6183 § 2, 2020)
A. The
total anonymous contributions received by any candidate or controlled
committee shall not exceed $100.00.
B. To the
extent that total anonymous contributions are received in excess of
that permitted by this section, the excess shall be paid by the candidate
or controlled committee to the city for deposit in the general fund
of the city.
(Ord. 1642 § 1, 1982; Ord. 2043 § 1, 1987; Ord. 3599 § 1, 2000)
No contribution shall be made, directly or indirectly, by any
person or combination of persons acting jointly in a name other than
the name by which they are identified for legal purposes, nor in the
name of another person or combination of persons. No person shall
make a contribution in his or her or its name of anything belonging
to another person or received from another person on the condition
that it be used as a contribution. When it is discovered by a candidate
or controlled committee that a contribution has been received in violation
of this section, the candidate or controlled committee shall pay promptly
the amount received in violation of this section to the city for deposit
in the general fund of the city.
(Ord. 1642 § 1, 1982; Ord. 3599 § 1, 2000)
A. A person shall not make to a candidate for elective city office, and a candidate for elective city office shall not accept from a person, a contribution totaling more than $500.00 per election, as that amount is adjusted by the city clerk pursuant to subsection
E of this section.
B. Each
candidate and controlled committee shall, before accepting any contributions,
file with the city clerk, on a form provided by the clerk, a statement
acknowledging the contribution limits established by this section.
C. Candidates
or controlled committees may retain no more than $500.00, as adjusted,
in cumulative contributions per campaign period from any single contributor.
Any amount in excess of $500.00, as adjusted, received from any single
contributor shall be returned to the contributor within 15 business
days of the candidate’s or controlled committee’s receipt
of the excess contribution.
D. Contributions
to a candidate and contributions to a candidate’s controlled
committee shall be cumulated for the purposes of the mandatory contribution
limits of this chapter.
E. The
city clerk shall adjust the contribution limits in January of every
odd-numbered year to reflect any increase or decrease in the Consumer
Price Index. Those adjustments shall be rounded to the nearest $10.00.
F. For
purposes of this chapter, contributions by a dependent child shall
be treated as contributions by their legal parent(s) and/or legal
guardian(s). “Dependent child” means any person under
the age of 18 years old for whom a legal parent(s) or legal guardian(s)
is/are responsible for their day to day care and support. If there
is joint custody of the dependent child, one-half of the contribution
shall be attributed to each legal parent and/or legal guardian, and
if there is a single custodial parent and/or legal guardian, the entire
contribution shall be attributed to that parent and/or legal guardian.
(Ord. 3487 § 2, 2000; Ord. 3557 § 1, 2000; Ord. 3599 § 1, 2000; Ord. 3717 § 1, 2001; Ord.
5878 § 2, 2017; Ord. 6183 § 3, 2020; Ord. 6409 §
1, 2021)
A. The Political Reform Act of 1974, and the California
Government Code,
provide for various campaign reports to be filed on dates determined
by the Fair Political Practices Commission (FPPC).
All candidates appearing on the ballot, their controlled committees, and committees primarily formed to support or oppose an elected official, candidate, or a measure shall file the applicable pre-election and post-election reports specified in Section 84200 et seq., of the California
Government Code and file reports required by the City of Roseville as prescribed in subsection
(B)(1) of this section. Reports shall be filed with the city clerk as follows:
1. A report of all contributors who have made a contribution or contributions
to the candidate or controlled committee in the cumulative amount
of $100.00 or more since the last report. The list shall include the
name, address, occupation, and employer of each contributor, and the
dollar amount of each contribution or contributions.
2. A report of all expenditures made by the candidate or controlled
committee to each person who received the cumulative amount of $100.00
or more since the last report. The report shall include the name and
street address of each recipient, as well as the amount of each expenditure
and a brief description of the consideration for which each expenditure
was made.
B. Reporting Deadlines.
1. For general elections, pre-election and post-election reports shall
be filed as follows:
a.
July 31 for the period of January 1 to June 30 (semi-annual).
b.
For the period ending 45 days before the election and filed
no later than 40 days before the election covering period July 1 to
deadline (first pre-election).
c.
For the period ending 17 days before the election and filed
no later than 12 days before the election from the last deadline (second
pre-election). This report must be filed by personal delivery, guaranteed
overnight service or online.
d.
January 31 for the period from second pre-election deadline
to December 31 (semi-annual).
e.
Reports shall be filed with the city clerk by 5:00 p.m. on the
deadline dates.
2. For special or recall elections, pre-election and post-election reports
shall be filed as follows:
a.
July 31 for the period of January 1 to June 30 (semi-annual).
b.
For the period ending 45 days before the election and filed
no later than 40 days before the election (first pre-election).
c.
For the period ending 17 days before the election and filed
no later than 12 days before the election from the last deadline (second
pre-election). This report must be filed by personal delivery, guaranteed
overnight service or on-line.
d.
60th day after the special election.
e.
January 31 for the period from second pre-election deadline
to December 31 (semi-annual).
f.
Reports shall be filed with the city clerk by 5:00 p.m. on the
deadline dates.
C. The period covered by any report begins on the day after the closing
date of the last report filed. Dates for the first pre-election and
second pre-election reports will vary depending on the yearly election
date.
D. In addition to the campaign reports required by Sections 84200 and
84200.5 of the California
Government Code, all candidates and committees
shall file the following special reports (if applicable):
1. Late contribution reports (within 24 hours of receipt).
2. Late independent expenditure reports, when required by Section 84204
of the California
Government Code.
E. All reports required by this section shall be filed electronically
on forms supplied by the FPPC, the city clerk or via the City of Roseville
electronic campaign filing portal. The contributions and expenditures
listed on required reports shall be cumulative for each election.
F. It shall be the duty of the candidate, their treasurer, and principal
officer of any committee, to maintain such detailed accounts, records,
bills, copies of checks, and receipts that are necessary to prepare
the campaign statements required by this chapter and the Political
Reform Act. Such records shall also be maintained and retained by
committees primarily formed to support or oppose an elected officer,
candidate, or a measure pursuant to the provisions of the Political
Reform Act and regulations promulgated by the FPPC.
(Ord. 1642 § 1, 1982; Ord. 2043 § 1, 1987; Ord. 3487 § 1, 2000; Ord. 3557 § 1, 2000; Ord.
3599 § 1, 2000; Ord. 3717 § 1, 2001; Ord. 5287 §
1, 2014; Ord. 5878 § 3, 2017; Ord. 6409 § 2, 2021; Ord. 6773, 12/20/2023; Ord. 6774, 12/20/2023)
Any person who files a report required pursuant to Section
2.60.070 after the deadline imposed by that section shall, in addition to any other penalties or remedies established by this chapter and the Political Reform Act, be liable in the amount of $25.00 per day after the deadline until the report is filed.
Liability need not be enforced by the filing officer if he or she determines on an impartial basis that the late filing was not willful and that enforcing liability will not further the purposes of this chapter. Liability shall not be waived for any report required pursuant to Section
2.60.070(B)(1) or
(B)(2) filed more than five days after the filing officer has sent specific written notice of the requirement. Liability shall not be waived for any other report required by Section
2.60.070, i
f filed more than 10 days after the filing officer has given specific written notice of the filing requirement.
(Ord. 3557 § 2, 2000; Ord. 3599 § 1, 2000; Ord. 3717 § 1, 2001; Ord. 5878 § 4, 2017)
The city clerk shall cause all reports submitted in accordance with the provisions of Section
2.60.070(B)(1) and
(B)(2) to b
e made available for review on the city website within two weeks of submittal.
(Ord. 1642 § 1, 1982; Ord. 2043 § 1, 1987; Ord. 3557 § 1, 2000; Ord. 3599 § 1, 2000; Ord.
5287 § 1, 2014; Ord. 5878 § 5, 2017)
Any person who knowingly or willfully violates any provision
of this chapter, after receiving notice of such violation and an opportunity
to correct, is guilty of a misdemeanor.
(Ord. 1642 § 1, 1982; Ord. 3599 § 1, 2000; Ord. 5878 § 6, 2017; Ord. 6409 § 3, 2021)
If, after his or her election, a candidate is convicted of a
violation of any provision of this chapter, the election to office
of such candidate shall be void and such office shall become vacant
immediately thereupon, or on the date upon which the candidate, if
he or she is not an incumbent, would otherwise take office, whichever
occurs later. In such event, the vacancy shall be filled in accordance
with the procedures set forth in the city charter for the filling
of vacant city offices. If a candidate is convicted of a violation
of this chapter at any time prior to his or her election, his or her
candidacy shall be terminated immediately and he or she shall be no
longer eligible for election. Any person convicted of a violation
of this chapter shall be ineligible to hold city elective office for
a period of three years from and after the date of his or her conviction.
(Ord. 1642 § 1, 1982; Ord. 3599 § 1, 2000; Ord. 6183 § 4, 2020)
This chapter shall be construed liberally in order to effectuate
its purposes. No error, irregularity, informality, neglect or omission
of any officer in any procedure taken under this chapter which does
not directly affect the jurisdiction of the council or the city to
control campaign contribution disclosures shall avoid the effect of
this chapter.
(Ord. 1642 § 1, 1982; Ord. 3599 § 1, 2000)
If any provision of this chapter or the application thereof
to any person or circumstance, is held invalid, the validity of the
remainder of the chapter and the applicability of such provisions
to other persons and circumstances shall not be affected thereby.
(Ord. 1642 § 1, 1982; Ord. 3599 § 1, 2000)