Note: §§ 2.07.060, 2.07.110, 2.07.120,
2.07.160—2.07.210 and 2.07.250 repealed by Ord. 3803-7/08.
This chapter shall be known and may be cited as the "City of
Huntington Beach Campaign Reform Law."
(3220-1/94)
The purpose of this chapter is to ensure that the financial
strength of certain individuals or organizations does not permit them
to exercise a disproportionate or controlling influence on the election
of City candidates. To achieve such purpose, this chapter is designed
to reduce the influence of large contributions, to ensure that multiple
contributions in excess of the contribution limits do not originate
from the same source of funds, to ensure that individuals and interest
groups continue to have a fair and equal opportunity to participate
in electing City candidates, and to maintain public trust in governmental
institutions and the electoral process.
(3220-1/94)
This chapter is intended to supplement the Political Reform Act of 1974. Unless the term is specifically defined in this chapter, or the contrary is stated or clearly appears from the context, words and phrases shall have the same meaning as when they are used in Title 9 of the California Government Code, in which the Political Reform Act of 1974 is codified, as the same may be, from time to time amended.
(3220-1/94)
means any person who is a candidate for City Council, City
Clerk, City Treasurer, or City Attorney of the City of Huntington
Beach.
means any person who is Mayor, a member of the City Council,
City Clerk, City Treasurer, or City Attorney of the City of Huntington
Beach.
means the submission of required campaign statements and
reports in an electronic format approved by the Secretary of State
and the City Clerk.
means any person who is a member of a City of Huntington
Beach board, committee, or commission, and who is not elected to that
position.
means an individual, proprietorship, firm, partnership, joint
venture, syndicate, business trust, company, corporation, association,
committee, and any other organization or group of persons acting in
concert.
(3220-1/94, 4009-4/14)
No person shall make to any City candidate or the controlled
committee of any such City candidate, and no such candidate or committee
shall accept from any such person, a contribution or contributions totaling more than the amount
set by the State of California for State candidates.
(3220-1/94, 3599-2/03, 3803-6/08, 4276-3/23)
A.
City Council, City Clerk, City Treasurer, and City Attorney Elections. For purposes of the limits of this chapter, as applied to elections
for City Council, City Clerk, City Treasurer, and City Attorney, the
final date for contributions shall be December 31st of the year in
which the election for the open position was held. Contributions made
after the final date shall be deemed contributions for the next election
cycle. Notwithstanding the foregoing, contributions made after the
final date to an elected councilmember who is ineligible for a further
consecutive term, shall be deemed a contribution for the most recent
election cycle in which such councilmember was eligible, and such
contributions shall be subject to all other limitations and regulations
in effect during said election cycle.
B.
Examples of the Election Cycle. January 1, 1987, to December
31, 1990, was the "election cycle" for the 1990 election. Pursuant
to this section, the four-year period for purposes of applying the
interpretation of the Campaign Ordinance Election Cycle 2.07.070(A)
shall be as follows:
1.
Example 1.
1992 Election Cycle -Three Council Seats and City Clerk and
City Treasurer: January 1, 1989 -December 31, 1992.
2.
Example 2.
1994 Election Cycle -Four Council Seats and City Attorney: January
1, 1991 -December 31, 1994.
3.
Example 3.
1996 Election Cycle -Three Council Seats and City Clerk and
City Treasurer: January 1, 1993 -December 31, 1996.
C.
Recalls. For purposes of the limits of this chapter, campaign
contributions made at any time after a committee has been formed,
pursuant to the provisions of the Political Reform Act, in support
of a recall election or after the City Clerk has approved a recall
petition for circulation and gathering of signatures, whichever occurs
first, shall be considered contributions during a recall election
cycle. A recall election cycle shall end whenever any of the following
occur:
1.
The
recall proponents fail to return signed petitions to the City Clerk
within the time limits set forth in the California Elections Code.
2.
All
committees formed in support of the recall have been terminated pursuant
to the provisions of the Political Reform Act.
3.
Ten
days after a recall election has been held.
(3220-1/94, 3749-9/06, 3830-5/09)
A City candidate or an elective City officer shall have no more
than one campaign committee which shall have only one bank account
out of which all qualified campaign and office holder expenses related
to that City office shall be made. This section does not prevent a
City candidate or an elective City officer from establishing another
campaign committee solely for the purpose of running for a state,
federal, local, or other City office. This section also does not prevent
an elective City officer from establishing another campaign committee
solely for the purpose of opposing his or her own recall.
(3220-1/94)
A.
No funds
may be transferred into any City candidate or elective City officer's
campaign committee from any other campaign committee controlled by
a candidate (including said City candidate) or by an elective City
officer (including said elective City officer).
B.
No City
candidate and no committee controlled by a City candidate or elective
City officer shall make any contribution to any other City candidate
running for office or to any committee supporting or opposing a City
candidate for elective City office, nor to any committee supporting
or opposing a recall of an elective City officer. This section shall
not prohibit a City candidate from making a contribution from his
or her own personal funds to his or her own candidacy or to the candidacy
of any other candidate for elective City office.
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The provision of this section shall not apply to the candidate
or elected officer who forms a new committee for purposes of reelection
to the same office and, to close out the prior committee, transfers
the money or debt from the prior committee to the new committee and,
in so doing, complies with all regulations of the Political Reform
Act of 1974, and as amended.
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(3220-1/94)
A.
A loan
shall be considered a contribution from the maker and the guarantor
of the loan and shall be subject to the contribution limitations of
this chapter.
B.
Every
loan to a City candidate or elective City officer or their controlled
committees shall be by written agreement which shall be filed with
the candidate's or committee's campaign statement on which the loan
is first reported.
C.
The
proceeds of a loan made to a City candidate or elective City officer
by a commercial lending institution in the regular course of business
on the same terms available to members of the public shall not be
subject to the contribution limitations of this chapter if the loan
is made directly to the City candidate or elective City officer or
his or her controlled committee. The guarantors of such a loan shall
remain subject to the contribution limits of this chapter.
D.
Extensions of credit (other than loans pursuant to subsection C of this section) for a period of more than 30 days are subject to the contribution limitations of this chapter.
E.
This
section shall apply only to loans and extensions of credit used or
intended for use for campaign purposes or which are otherwise connected
with the holding of public office.
F.
The
monetary limitations or provisions of this section shall not apply
to a candidate's loan of his or her personal funds to his or her own
campaign committee.
G.
No City
candidate and no committee controlled by a City candidate or elective
City officer shall make any contribution to any other City candidate
running for office or to any committee supporting or opposing a City
candidate for elective City office, nor to any committee supporting
or opposing a recall of an elective City officer. This section shall
not prohibit a City candidate from making a contribution from his
or her own personal funds to his or her own candidacy or to the candidacy
of any other candidate for elective City office.
(3220-1/94)
A.
No person
shall receive or personally deliver or attempt to deliver a contribution
in any office which the City owns or for which the City pays the majority
of the rent where the business of the City is conducted.
(3220-1/94, 3803-6/08)
No campaign contribution shall be deposited into a campaign
bank account of a City candidate or elective City officer unless the
disclosure information required by the Political Reform Act, including
the name, address, occupation and employer of the contributor, or,
if self-employed, name of business, is on file in the records of the
recipient of the contribution. This information is to be reported
on each campaign statement required to be filed by the Political Reform
Act.
(3220-1/94)
A cumulative contribution for each contributor shall be based
on an election cycle and shall be reported on each campaign statement
required to be filed by the Political Reform Act.
(3220-1/94)
A.
An elective City officer, City candidate, committee, or other person required to file campaign statements or reports under this chapter and Title 9, Chapter 14 of the California Government Code (commencing with Section 84100), who receives contributions totaling $2,000.00 or more, or makes expenditures totaling $2,000.00 or more in a calendar year, must submit all campaign statements and reports as an electronic filing. Once an elective City officer, City candidate, committee or other person is required to submit campaign statements or reports as an electronic filing, that elective City officer, City candidate, committee or other person shall continue to use electronic filing until the committee has officially terminated or the elective City officer, City candidate or other person has no further filing obligations.
1.
An
elective City officer, City candidate, committee, or other person
that must file pursuant to this chapter, but has not met the $2,000.00
threshold, may submit required statements or reports as an electronic
filing or in paper format.
2.
In
any instance in which the original campaign statement, report, or
other document is required to be filed with the Secretary of State
and a copy of that campaign statement, report or other document is
required to be filed with the City of Huntington Beach, the copy may
be submitted as an electronic filing.
(4009-4/14, 4084-9/16)
A.
Electronic
filing procedures shall be administered in accordance with Government
Code Section 84615 as may be amended from time to time.
B.
Notwithstanding
any other provision of law, any campaign statement, report or other
document submitted as an electronic filing shall serve as the filing
of record and shall not be required to be filed with the City Clerk
in paper format.
(4009-4/14)
Campaign statements and reports filed under this chapter shall
be signed under penalty of perjury and verified by the filer. The
verification shall state that the filer has used all reasonable diligence
in its preparation, and that to the best of his or her knowledge,
it is true and complete. A campaign statement or report filed by a
committee shall be signed and verified by a responsible officer of
the organization or by an attorney or a certified public accountant.
Every person who signs or verifies any campaign statement or report
required to be filed under this chapter which contains material which
he or she knows to be false is guilty of perjury. For a campaign statement
or report submitted as an electronic filing, a secure electronic signature
shall meet the requirements of this section.
(4009-4/14)
Nothing in this chapter shall exempt any person from applicable
provisions of any other laws of this state or jurisdiction.
(3220-1/94)
If any provisions of this chapter, or the application of any
such provision to any person or circumstances, shall be held invalid,
the remainder of this chapter, to the extent it can be given effect,
or the application of such provision to persons or circumstances other
than those as to which it is held invalid, shall not be affected thereby,
and to this extent the provisions of this chapter are severable.
(3220-1/94)
This chapter should be liberally construed to accomplish its
purposes.
(3220-1/94)
The provisions of this chapter shall become effective upon adoption, pursuant to Huntington Beach City Charter Section 500(e)(1).
(3220-1/94)
