Editor's note—Ord. No. 2007-26, § 1, adopted Sept. 19, 2007, amended Art. 7 by enacting provisions designated as §§ 2-100—2-119; these sections were renumbered to be 2-100—2-110.10 to maintain code format. Ord. No. 88-60, § 1, adopted Jan. 4, 1989, amended Art. VII by enacting provisions designated as §§ 2-100—2-120. Said sections have been renumbered as §§ 2-100—2-110.10 to maintain code format. Prior to inclusion of said ordinance, Art. VII, §§ 2-100—2-107, pertained to controls on campaign contributions and derived from Ord. No. 83-46, § 1, adopted Sept. 14, 1983 and Ord. No. 86-47, §§ 1—4, adopted July 2, 1986.
Inherent to the high cost of election campaigning is the problem of improper influence, real or potential, exercised by campaign contributors over elected officials. It is the purpose and intent of the city council of the City of Escondido in enacting this article to preserve an orderly political forum in which individuals may express themselves effectively; to place realistic and enforceable limits on the amounts of money that may be contributed to political campaigns in municipal elections; to prohibit contributions by organizations in order to develop a broader base of political efficacy within the community; to limit the use of loans and credit in the financing of municipal election campaigns; and to provide full and fair enforcement of all the provisions of this article. This article is enacted in accordance with the terms of Section 7 of Article XI of the Constitution of the State of California. The contribution limitations of this article shall not apply to ballot measure elections or to that portion of a recall election in which the electorate determines whether or not to recall an officeholder, but shall apply to all candidate elections, including the candidate election portion of a consolidated recall election.
(Ord. No. 88-60, § 1, 1-4-89; Ord. No. 97-24, § 1, 10-8-97; Ord. No. 2007-26, § 1, 9-19-07)
This article shall be cited as the Escondido Municipal Election Campaign Control Ordinance.
(Ord. No. 88-60, § 1, 1-4-89; Ord. No. 97-24, § 1, 10-8-97; Ord. No. 2007-26, § 1, 9-19-07)
As used in this article, the listed words or phrases shall be defined as follows:
"Candidate"
shall mean 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 nomination or election may be sought is known at the time the contribution is received or the expenditure is made and whether or not candidacy has been announced or a declaration of candidacy filed at such time. "Candidate" also includes any holder of any city office who is the subject of a recall election.
"City office"
shall mean the offices of mayor, councilmember and treasurer of the City of Escondido.
"Committee"
shall be defined as the definition found in Government Code Section 82013, contained within the Political Reform Act, and any related provisions in the California Code of Regulations.
"Contribution"
shall be defined as the definition found in Government Code Section 82015, contained within the Political Reform Act, and any related provisions in the California Code of Regulations.
"Controlled committee"
shall mean 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"
shall mean any primary, general or special election held in the City of Escondido, including the candidate election portion of a consolidated recall election. The primary and general or special elections are separate elections for purposes of this article.
"Enforcement authority"
shall mean the officer, agent or organization designated by action of the city council to enforce the provisions of this article. Nothing in this article shall be construed as limiting the authority of any law enforcement agency or prosecuting attorney to enforce the provisions of this article under any circumstances where such law enforcement agency or prosecuting attorney otherwise has lawful authority to do so.
"Expenditure"
shall mean 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 the payment is made or on the date consideration, if any, is received, whichever is earlier.
"Independent committee"
shall mean a committee that receives contributions or makes expenditures for the purpose of influencing or attempting to influence a City election, which is not made with the cooperation, consultation, or in concert with, or at the request or suggestion of, any candidate or his or her committee, or any of their agents.
"Independent expenditure":
(a) 
Independent expenditure
shall mean an expenditure by a person for a communication expressly advocating the support of or opposition to a clearly identified candidate which is not made with the cooperation or prior consent of a candidate, his or her agent, or a controlled committee of a candidate.
(b) 
For the purpose of this definition:
1. 
"Expressly advocating"
shall mean any communication containing a message advocating support or opposition. Content may include, but not be limited to, the name of a candidate, the title of a measure or any expression such as "vote for," "elect," "support," "cast your ballot for," "vote against," "defeat," or "reject" and an identifying phrase.
2. 
"Clearly identified candidate"
shall mean that the name of a candidate appears, a photograph or drawing of the candidate appears, or the identity of the candidate is otherwise apparent by unambiguous references.
3. 
"Made with the cooperation or with the prior consent of, or in consultation with, or at the behest or suggestion of, a candidate or his or her agent or a controlled committee of a candidate"
shall mean any arrangement, coordination, or direction by a candidate, agent or committee prior to the publication, display or broadcast of the communication.
4. 
"Agent"
shall mean any person who has actual oral or written authority, either express or implied, to make or to authorize the making of expenditures on behalf of a candidate, or any person who has been placed in a position within the campaign organization where it would reasonably appear that in the ordinary course of campaign-related activities, he or she may authorize expenditures.
(c) 
An expenditure not qualifying under this section as an independent expenditure shall be considered a contribution to the candidate.
"Measure"
shall mean any proposition which is submitted to a popular vote at an election by action of the city council or which is submitted or is intended to be submitted to a popular vote at a city election by initiative or referendum procedure whether or not it qualifies for the ballot.
"Payment"
shall mean payment, distribution, transfer, loan, advance, deposit, gift or other rendering of money, property, services or anything else of value, whether tangible or intangible.
"Person"
shall mean an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, association, committee, labor union, political action committee, independent committee and any other organization or group of persons acting in concert. "Person" does not include a political party committee.
"Political action committee"
shall mean an organization that generates, receives and/or pools campaign contributions from members or others and either makes direct expenditures on behalf of, or donates those contributions to campaigns for or against, candidates or ballot measures. As used herein, a labor union or employee bargaining group shall constitute a political action committee.
"Political party committee"
shall mean the state central or county central committee of an organization that meets the requirements for recognition as a political party pursuant to California Elections Code sections 5100 or 5151.
(Ord. No. 2021-04, § 2, 3-24-21)
[1]
Editor's note —Section 2-103, pertaining to campaign contribution limitations, derived from Ord. No. 2020-27, was repealed by Ord. No. 2023-14, adopted November 15, 2023.
Editor's note — Sections 2-104—2-106, pertaining to campaign contribution accounts and funds, derived from Ord. Nos. 88-60, 97-24 and 2007-26, were repealed by Ord. No. 2018-09, §§ 3—5, adopted April 25, 2018.
If the final campaign statement for a candidate or any committee discloses an unexpended surplus, the candidate or committee shall comply with Government Code Section 89519, as amended and applicable, in the closure of the account and disbursement of any such funds.
(Ord. No. 88-60, § 1, 1-4-89; Ord. No. 97-24, § 1, 10-8-97; Ord. No. 2020-27, § 4, 11-18-20; Ord. No. 2021-04, § 3, 3-24-21)
Every candidate or committee establishing a campaign contribution checking account pursuant to this article shall make available on demand to any public officer having legal authority to enforce this article, the details of any such checking account requested and the records supporting it. Every candidate or committee establishing a campaign contribution checking account shall maintain a record of every contribution received and disbursement made from the checking account, which record shall include, but not be limited to, copies of checks, canceled checks, bank records, bills and invoices. Such records shall be kept by the candidate or treasurer of the committee establishing the account for the periods specified in Section 18401 of Title 2, Division 6 of the California Administrative Code. Each candidate and committee shall, on demand, make available to any public officer having authority to enforce this article, a written declaration of consent that such officer may have access to the campaign contribution checking account.
(Ord. No. 88-60, § 1, 1-4-89; Ord. No. 97-24, § 1, 10-8-97; Ord. No. 2007-26, § 1, 9-19-07)
Each candidate and committee shall file campaign statements in the time and manner required by the Political Reform Act of 1974 as amended (Government Code Section 84100 et seq.) and compliance with the requirements of that Act shall be deemed to be compliance with this section, provided that every campaign contribution, regardless of amount, is included in the statement.
(Ord. No. 88-60, § 1, 1-4-89; Ord. No. 91-39, § 1, 10-2-91; Ord. No. 97-24, § 1, 10-8-97; Ord. No. 2007-26, § 1, 9-19-07)
The purpose of this section is to require online or electronic filing of campaign statements and require online or electronic reporting of contributions and independent expenditures regarding elections of candidates to city offices and the qualification or passage of local ballot measures within the City of Escondido as currently required under the Political Reform Act, commencing with California Code Section 84200 et seq., in order to facilitate review and maximize the availability of this information to the public.
Additionally, this section also requires online or electronic filing of statement of economic interest reports as required by the City's current conflict of interest resolutions and appendices and Government Code Section 87200.
(a) 
Definitions.
"Statement of economic interest (SEI) filer"
means any person holding a position that is listed in California Government Code Section 87200 or any person holding a position listed in the current City of Escondido conflict of interest resolutions and appendices and Government Code Section 87200.
(b) 
Electronic filings.
(1) 
Each elected official, candidate, candidate controlled committee and independent committee that is required to file a semi-annual campaign statement, a pre-election campaign statement or an amended campaign statement with the city clerk of the City of Escondido pursuant to Chapter 4 of the Government Code (commencing with Section 84100) and that receives a total of $2,000 or more in contributions or makes a total of $2,000 or more in independent expenditures, shall file the statement with the city clerk of the City of Escondido in an electronic format.
(2) 
Each person listed as a statement of economic interest filer that is required to file an assuming office, annual or leaving office statement with the city clerk of the City of Escondido pursuant to Government Code Section 87200 or the current City of Escondido conflict of interest resolutions and appendices shall file the statement with the city clerk of the City of Escondido in an electronic format.
(c) 
Exemption from filing paper copy. A candidate or committee or statement of economic interest filer that has filed an electronic statement or report is not required to file a paper copy.
(d) 
Option to file electronically. Any candidate or committee not required to file an electronic statement of report under Section 2-109.1 may voluntarily opt to file an electronic statement or report by submitting written notice to the city clerk. A candidate or committee that opts to file an electronic statement of report is not required to file a paper copy.
(Ord. No. 2019-07, § 4, 7-17-19)
(a) 
No contribution of $100 or more shall be made or received in cash. Any cash contributions of $100 or more shall be paid promptly from available campaign funds, if any, to the city treasurer for deposit in the general fund of the city.
(b) 
No anonymous contributions shall be accepted by any candidate or committee. Any anonymous contributions received shall be paid promptly from available campaign funds, if any, to the city treasurer for deposit in the general fund of the city.
(Ord. No. 88-60, § 1, 1-4-89; Ord. No. 97-24, § 1, 10-8-97; Ord. No. 2007-26, § 1, 9-19-07; Ord. No. 2013-04, § 1, 5-1-13; Ord. No. 2018-09, § 6, 4-25-18)
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, 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 the campaign treasurer that a contribution has been received in violation of this section, the campaign treasurer shall pay promptly, from available campaign funds, if any, the amount received in violation of this section to the city treasurer for deposit in the general fund of the city.
(Ord. No. 88-60, § 1, 1-4-89; Ord. No. 97-24, § 1, 10-8-97; Ord. No. 2007-26, § 1, 9-19-07)
Persons or organizations not subject to the control of a candidate or committee but who make independent expenditures for or against a candidate or committee shall indicate clearly on any material published, displayed or broadcast that it was not authorized by a candidate or committee, when such expenditures in whole or part would have been covered by the provisions of this article if they were subject to the control of a candidate or committee.
(Ord. No. 88-60, § 1, 1-4-89; Ord. No. 97-24, § 1, 10-8-97; Ord. No. 2007-26, § 1, 9-19-07)
No person who supplies goods or services or both goods and services to a candidate or committee for use in connection with the campaign of the candidate shall refuse knowingly to divulge or disclose to the enforcement authority his or her record of any expenditures made by the candidate or committee in payment for such goods or services or both.
(Ord. No. 88-60, § 1, 1-4-89; Ord. No. 97-24, § 1, 10-8-97; Ord. No. 2007-26, § 1, 9-19-07)
In addition to other duties required under the terms of this article, the city clerk shall:
(a) 
Supply appropriate forms and manuals prescribed by the State Fair Political Practices Commission. These forms and manuals shall be furnished to all candidates and committees, and to all other persons required to report.
(b) 
Determine whether required documents have been filed and, if so, whether they conform on their face with the requirements of state law.
(c) 
Notify promptly all persons and known committees who have failed to file a document in the form and at the time required by state law.
(d) 
Report apparent violations of this article and applicable state law to the enforcement authority.
(e) 
Compile and maintain a current list of all statements or parts of statements filed pertaining to each candidate.
(f) 
Cooperate with the enforcement authority in the performance of the duties of the enforcement authority as prescribed in this article and applicable state law.
(Ord. No. 88-60, § 1, 1-4-89; Ord. No. 97-24, § 1, 10-8-97; Ord. No. 2007-26, § 1, 9-19-07)
(a) 
The city attorney shall not investigate or prosecute any alleged violation of this article, but shall defend the constitutionality and legality of this article in any civil proceeding in which the city or the city council is a party.
(b) 
The enforcement authority shall enforce the provisions of this article.
(c) 
Special counsel shall be selected as the enforcement authority by the city attorney and appointed by the city council at least 180 days prior to a city election. Should the appointment of additional special counsel become necessary or appropriate, the city attorney shall select, and the city council shall appoint, such additional special counsel as may be required. The review of complaints of violation of this article and any criminal prosecutions under this article shall be commenced by special counsel. Special counsel shall also commence and prosecute any necessary administrative proceeding or civil litigation to compel compliance with this article or to enjoin conduct in violation of this article. 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.
(d) 
Any person residing in the City of Escondido who believes that a violation of any portion of this article has occurred may file a written complaint requesting investigation of such violation by the enforcement authority. If the enforcement authority 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. Whenever the enforcement authority has reason to believe a willful violation of this article has occurred or is about to occur, it may institute such legal action at such time as it deems necessary to prevent further violations. The enforcement authority may decline to investigate any alleged violation of this article which is also an alleged violation of state law and is the subject of a complaint filed with the Fair Political Practices Commission, until the investigation of that complaint is complete.
(e) 
The enforcement authority shall have such investigative powers as are necessary for the performance of the duties prescribed in this article and may demand and be furnished records of campaign contributions and expenses at any time. In the event that production of such records is refused, the enforcement authority may commence civil litigation to complete such production.
(f) 
The enforcement authority shall determine whether required statements and declarations have been filed as required and, if so, whether they conform with the requirements of this article.
(g) 
The enforcement authority shall be immune to liability for the enforcement of this article.
(h) 
Any action alleging violation of this article must be commenced within two years of the time the alleged violation occurred.
(Ord. No. 88-60, § 1, 1-4-89; Ord. No. 97-24, § 1, 10-8-97; Ord. No. 2002-21, § 1, 7-17-02; Ord. No. 2007-26, 9-19-07)
Any person who knowingly or willfully violates any provision of this article is guilty of a misdemeanor. In addition to any other penalty provided by law, any willful or knowing failure to report contributions, done with intent to mislead or deceive, shall be punishable by a fine of not less than $1,000.
(Ord. No. 88-60, § 1, 1-4-89; Ord. No. 97-24, § 1, 10-8-97; Ord. No. 2007-26, § 1, 9-19-07)
If, after election, a candidate is convicted of a violation of any provision of this article, 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 not an incumbent, would otherwise take office, whichever occurs later. In such event, the vacancy shall be filled in accordance with the procedures provided for the filing of vacant city offices. If a candidate is convicted of a violation of this article at any time prior to election, his or her candidacy shall be terminated immediately and such candidate shall be no longer eligible for election. Any person convicted of a violation of this article shall be ineligible to hold city elective office for a period of five years from and after the date of his or her conviction.
(Ord. No. 88-60, § 1, 1-4-89; Ord. No. 97-24, § 1, 10-8-97; Ord. No. 2007-26, § 1, 9-19-07)
This article shall not apply to contributions or expenditures by a committee or a person on behalf of a committee supporting or opposing a city measure.
(Ord. No. 88-60, § 1, 1-4-89; Ord. No. 97-24, § 1, 10-8-97; Ord. No. 2007-26, § 1, 9-19-07)
This article 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 article which does not directly affect the jurisdiction of the council or the city to control campaign contributions and expenditures shall avoid the effect of this article.
(Ord. No. 88-60, § 1, 1-4-89; Ord. No. 97-24, § 1, 10-8-97; Ord. No. 2007-26, § 1, 9-19-07)
If any provision of this article, or the application thereof to any person or circumstance, is held invalid, the validity of the remainder of the article and the applicability of such provision to other persons and circumstances shall not be affected.
(Ord. No. 88-60, § 1, 1-4-89; Ord. No. 97-24, § 1, 10-8-97; Ord. No. 2007-26, § 1, 9-19-07)