Inherent in 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 Santee
City Council in enacting this chapter:
A.
To preserve
an orderly political forum in which individuals may express themselves
effectively, and to place realistic and enforceable limits on the
amounts of money that may be contributed to political campaigns in
County elections;
B.
To prohibit
contributions by organizations in order to develop a broader base
of political efficacy within the community;
C.
To limit
the use of loans and credit in the financing of City election campaigns;
D.
To provide
full and fair enforcement of all the provisions of this chapter; and
E.
To encourage
the public to participate as candidates in elections by simplifying
the local regulations as much as possible in matters adequately regulated
by State law.
(Ord. 555 § 3, 2019)
This chapter may be cited as the "City of Santee Election
Campaign Finance and Control Ordinance."
(Ord. 555 § 3, 2019)
The terms and phrases in this chapter are defined as those terms
and phrases are defined in the Political Reform Act of 1974, as amended
(Government Code Section 81000, et seq.), unless otherwise specified
in this chapter:
means a person who engages in the dissemination of radio
communication as defined in the Federal Communications Act of 1934.
"Broadcast station" includes each cable television system
franchised or otherwise licensed by the County of San Diego or any
city within the County of San Diego.
means an individual who is listed on the ballot, who has
qualified to have write-in votes on that individual's behalf
counted by election officials, or who has begun to circulate nominating
petitions or authorized others to circulate nominating petitions on
the individual's behalf for nomination for or election to any
elective City office, or who receives a contribution or makes an expenditure
or gives consent for any other person to receive a contribution or
makes an expenditure with a view to bringing about the individual's
nomination or election to any elective City office, whether or not
the specific elective office for which the candidate will seek nomination
or election is known at the time the contribution is received or the
expenditure is made and whether or not the candidate has announced
the candidacy or filed a declaration of candidacy at such time. "Candidate"
also includes any holder of an elective City office who is the subject
of a recall election. "Candidate" does not include any
person within the meaning of Section 301(b) of the Federal Election
Campaign Act of 1971.
An individual who becomes a candidate retains status as a
candidate until such time as that status is terminated pursuant to
Government Code Section 84214.
means any primary, general, or special election, including
a recall election held within the City for elective City office or
on a City measure. Each primary, general or special election is a
separate election for purposes of this chapter.
means:
Any proposition for the issuance of funding or refunding of
bonds of the City, or any other question or proposition submitted
to the voters of the City at any election held throughout the entire
City.
"City measure" includes any measure under subdivision
(1) of this definition 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 an election by initiative,
referendum, or recall procedure, whether or not it qualified for the
ballot.
under this chapter, means that special counsel appointed by the City Manager in consultation with the City Attorney pursuant to Section 2.40.120.
(Ord. 555 § 3, 2019)
Each candidate and committee must file campaign statements in
the time and manner required by the Political Reform Act of 1974 as
amended (Government Code Section 84100, et seq.). Compliance with
the requirements of that act are deemed to be in compliance with this
chapter.
(Ord. 555 § 3, 2019)
A.
No person
other than the candidate is permitted to make, and no campaign treasurer
may solicit or accept, any contribution which will cause the total
amount contributed by such person with respect to a single election
in support of or opposition to such candidate, including contributions
to all committees supporting or opposing such candidate, to exceed
$700.00.
B.
The
terms of this section are applicable to any contributions made to
a candidate or committee hereunder, whether used by such candidate
or committee to finance a current campaign, to pay deficits incurred
in prior campaigns, or otherwise.
C.
The dollar limitation set forth in subsection A of this section may be adjusted by an ordinance adopted by the Santee City Council to reflect changes in the Consumer Price Index, rounded to the nearest $50.00, on or after January 2 of the year 2003 and on or after January 2 of every odd-numbered year thereafter.
(Ord. 555 § 3, 2019)
A.
No person, other than an individual or a professional corporation that includes only one individual, may make a contribution to any candidate or committee; provided, however, that this section does not apply to contributions made to a committee which is organized solely for the purpose of supporting or opposing the qualification for the ballot or adoption of one or more City measures. If the contribution is made by a professional corporation that includes only one individual, that individual may not make any contribution in that person's individual capacity which, if combined with the contributions made as a professional corporation, would exceed the individual contribution limit as set forth in Section 2.40.060.
B.
No employee,
agent or attorney or other representative of a person covered by this
chapter may aid, abet, advise or participate in a violation of this
section.
C.
No person
may knowingly accept a payment or contribution made in violation of
this section.
D.
If a
campaign treasurer is offered a contribution which would be in excess
of the limitation, the treasurer must refuse the contribution. If,
however, a contribution which is in violation of this section is deposited
into the campaign trust account, the campaign treasurer must report
in writing within five days of the receipt of the contribution to
the City Clerk the facts surrounding such payment or contribution.
(Ord. 555 § 3, 2019)
A.
The
provisions of this section regarding loans apply to extensions of
credit, but do not apply to loans made to a candidate by a commercial
lending institution in the lender's regular course of business
on terms available to members of the general public for which the
candidate is personally liable.
B.
A candidate
for elective City office may not personally loan to the candidate's
campaign an amount, the outstanding balance of which exceeds $100,000.00.
A candidate may not charge interest on any loan the candidate made
to the candidate's campaign.
(Ord. 555 § 3, 2019)
To the extent that any person sells space in any newspaper or
magazine or sells time on a broadcast station to a candidate or committee
or performs other services in connection with the campaign of the
candidate or for or against the measure, the charges made for the
use of such space or time may not exceed the charges normally made
to comparable use of such space or time by other users thereof.
(Ord. 555 § 3, 2019)
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 or for or against the measure may refuse knowingly
to divulge or disclose to the enforcement authority that person's
record of any expenditures made by the candidate or committee in payment
for such goods or services or both.
(Ord. 555 § 3, 2019)
In addition to other duties required of the City Clerk under
the terms of this chapter, the City Clerk must:
A.
Supply
appropriate forms and manuals prescribed by the California Fair Political
Practices Commission. These forms and manuals must 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 chapter and applicable State law to the
enforcement authority;
E.
Compile
and maintain a current list of all statements or parts of statements
filed with the clerk's office pertaining to each candidate and
each measure;
(Ord. 555 § 3, 2019)
A.
The
City Attorney must not investigate or prosecute any alleged violation
of this chapter, but will defend the constitutionality and legality
of this chapter in any civil proceeding in which the City or the City
Council is a party.
B.
Review
of complaints of violation of this chapter and criminal prosecution
thereof may be commenced only by the enforcement authority appointed
by the City Manager. The enforcement authority is authorized to commence
and prosecute civil litigation to compel compliance with this chapter
or to enjoin conduct in violation of this chapter. At least 120 days
prior to a City election, the City Manager, in consultation with the
City Attorney, will appoint an enforcement authority for that election.
If the appointment of an additional enforcement authority becomes
necessary or appropriate, the City Manager, in consultation with the
City Attorney, will appoint such additional enforcement authority
as may be required. No enforcement or prosecution or action of the
enforcement authority is subject to the review or control of the City
Council or the City Attorney.
C.
Any
person residing in the City who believes that a violation of this
chapter 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 chapter has occurred, the enforcement authority conduct an investigation
and may commence such administrative, civil or criminal legal action
as it deems necessary for the enforcement of this chapter. The enforcement
authority must decline to investigate any alleged violation hereof
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.
D.
The
enforcement authority has such investigative powers as are necessary
for the performance of duties described in this chapter and may demand
and be furnished records of campaign contributions and expenditures
of any person or committee at any time. In the event that production
of such records is refused, the enforcement authority may commence
civil litigation to complete such production.
E.
The
enforcement authority is immune to liability for its enforcement of
this chapter.
F.
Any
action alleging violation of this chapter must be commenced within
two years of the time the alleged violation occurred.
(Ord. 555 § 3, 2019; Ord. 586 § 2, 2021)
Any person who knowingly or willfully violates any provisions
of this chapter 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, is punishable
by a fine of not less than $500.00.
(Ord. 555 § 3, 2019)
This chapter will be construed liberally in order to effectuate
its purposes. No error, irregularity, informality, neglect or omission
of any person in any procedure taken under this chapter which does
not directly affect the jurisdiction of the City to control campaign
contributions and expenditures voids the effect of this chapter.
(Ord. 555 § 3, 2019)
