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:
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.
shall mean the offices of mayor, councilmember and treasurer
of the City of Escondido.
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.
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.
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.
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.
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.
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.
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
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.
For the purpose of this definition:
"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.
"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.
"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.
"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.
An expenditure not qualifying under this section as an independent
expenditure shall be considered a contribution to the candidate.
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.
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.
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.
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.
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)
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)
"Statement of economic interest (SEI) filer"
Definitions.
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)
