Pursuant to California Election Code Section 10228, all candidates pulling nomination papers for any election shall pay the City $25 for the cost of processing the nomination papers.
(Ord. 003-2024, 4/16/2024)
A. 
Intent. It is the intent of the city council of the city of Rio Vista in enacting this section to place realistic and enforceable limits on the amount persons may contribute to candidates for city elective office, to prevent improper or undue influence over elected officials by campaign contributors, or the appearance of undue influence. This section is intended to supplement the Political Reform Act of 1974, as amended, and in the event of a conflict between that Act and this section, that Act shall prevail. This section is enacted pursuant to Article XI, Section 7 of the Constitution of the State of California, and Sections 81013 and 85702.5 of the California Government Code.
B. 
Definitions. Whenever the following words or phrases are used in this section, they shall have the following meaning:
"Candidate committee"
shall mean a candidate-controlled committee that is primarily formed to support that candidate's election for city elective office.
"Candidate"
shall be defined as set forth in the California Political Reform Act (California Government Code Section 81000, et seq.) but shall include only candidates for city elective office.
"City elective office"
shall mean the offices of Mayor and member of city council. The city council consists of four separate city elective offices.
"Enforcement authority"
shall mean that special counsel appointed by the city manager, in consultation with the city attorney, pursuant to subsection D of this section.
"Person"
shall mean any individual or entity, including without limitation, a firm, partnership, joint venture, syndicate, business trust, company, corporation, association, committee, or any other organization or group of persons acting in concert.
Except as otherwise stated herein, the terms of this section shall have those definitions provided in the Political Reform Act of 1974 (Government Code Section 81000, et seq.) or in the regulations adopted by the California Fair Political Practices Commission ("FPPC") to implement the Act.
C. 
Limits on Campaign Contributions to Candidates.
1. 
Effective January 1, 2026, a person shall not make to a candidate for city elective office, and a candidate for city elective office shall not accept from a person, a contribution totaling more than $500 per election.
2. 
Effective January 1, 2026, a candidate for city elective office shall not accept total combined contributions of more than $5,900 per election, or the default cap defined by the California FPPC.
3. 
A candidate for city elective office shall have no more than one candidate committee for that office and one checking account into which all campaign contributions shall be deposited and out of which all expenditures shall be made. This subsection shall not prohibit the establishment of savings accounts, but no qualified campaign expenditures shall be made out of such savings accounts.
4. 
The limit in subsection C.1 of this section shall not be deemed to prohibit contributions or loans from a candidate to their own candidate committee in accordance with state law, or to limit the amount a candidate may contribute or loan to their own candidate committee. Contributions from the spouse of a candidate from such spouse's separate property shall be subject to the limit set forth in subsection C.1 above.
5. 
The limit in subsection C.1 of this section shall not apply to contributions made to a committee that is organized solely for the purpose of supporting or opposing the recall of an incumbent city elected officer, but shall apply to all candidates and their candidate committees seeking election to replace the incumbent city elected officer.
6. 
The limit in subsection C.1 of this section is subject to the laws of when contributions must be aggregated under the Political Reform Act of 1974, as amended. To determine when contributions are aggregated, "entity" means any person other than an individual, and "majority owned" means ownership of more than fifty percent. If an individual directs or controls an entity's contributions, the entity's contributions shall be aggregated with contributions made by both of the following: (a) that individual; and (b) any other entity whose contributions that individual directs or controls. If two or more entities make contributions that are directed or controlled by a majority of the same persons, the contributions of those entities shall be aggregated. Contributions made by entities that are majority owned by a person shall be aggregated with the contributions of the majority owner and all other entities majority owned by that person, unless those entities act independently in their contribution-making decisions.
7. 
If a candidate or the treasurer of a candidate committee for city elective office is offered a contribution which would violate this limitation, the candidate or treasurer must refuse the contribution. If, however, a contribution which is in violation of this section is deposited into the campaign trust account, the candidate or treasurer must report in writing within ten days of receipt of the unlawful contribution to the city clerk the facts surrounding such payment or contribution and, to the extent permitted by applicable law, return the contribution. If the candidate or treasurer fails to return the contribution to the contributor within 10 days of receipt, the candidate or treasurer shall forfeit the amount of the unlawful contribution and pay the amount of the unlawful contribution to the city for deposit into the city's general fund.
8. 
The limit in subsection C.1 of this section shall not apply to political contributions made on or prior to January 1, 2026. After January 1, 2026, a person may make, and a candidate for city elective office may accept from a person, a contribution of up to $500, regardless of whether that person made to the candidate for city elective office a contribution totaling more than five hundred dollars before January 1, 2026.
D. 
Enforcement.
1. 
In addition to other duties required by law, the city clerk shall monitor all statements filed pursuant to this title. The city clerk shall:
a. 
Determine whether the required statements have been filed with the city clerk;
b. 
Determine the timeliness of filing;
c. 
Determine whether the statements conform on their face with the requirements of this title; and
d. 
Determine if any reported contributions exceed the allowable maximums established by this title.
2. 
If the city clerk, in the course of reviewing statements as required by subsection a, finds an apparent violation, the city clerk shall notify the candidate or committee in writing.
3. 
The candidate or committee may correct any mistake made in the preparation of any statement within five days after receipt of the notice from the city clerk.
4. 
The city clerk shall report to the city attorney and the Fair Political Practices Commission (FPPC) any apparent violations of this section which have not been corrected or cannot be corrected by the candidate or committee.
5. 
The city clerk shall compile and maintain for five years a list of statements or portions of statements which the city clerk is required to review. Each list shall be indexed by the candidate's or committee's name.
E. 
Penalties.
1. 
Criminal Penalties. Any person who knowingly or willfully violates any provisions of this section is guilty of a misdemeanor.
2. 
Civil Action. Any person who violates this section shall be liable in a civil action for an amount up to $5,000 per violation.
3. 
Administrative Action. Any person who violates this section may be subject to an administrative citation and administrative fines as set forth in Chapter 1.16 of this code.
F. 
Rules of Construction. This section will be construed liberally in order to effectuate its purposes.
(Ord. 023-2025, 12/2/2025)