Note: §§ 2.07.060, 2.07.110, 2.07.120, 2.07.160—2.07.210 and 2.07.250 repealed by Ord. 3803-7/08.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)
"City candidate"
means any person who is a candidate for City Council, City Clerk, City Treasurer, or City Attorney of the City of Huntington Beach.
"Elective City officer"
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.
"Electronic filing"
means the submission of required campaign statements and reports in an electronic format approved by the Secretary of State and the City Clerk.
"Non-elected City official"
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.
"Person"
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.
a. 
The "last election" was November 1988.
b. 
December 31, 1988, was the last or final date for receipt of campaign contributions for the 1988 election.
c. 
January 1, 1989, began the election cycle for the 1992 election.
d. 
December 31, 1992, ended the election cycle for the 1992 election.
2. 
Example 2.
1994 Election Cycle -Four Council Seats and City Attorney: January 1, 1991 -December 31, 1994.
a. 
The "last election" was November 1990.
b. 
December 31, 1990, was the last or final date for receipt of campaign contributions for the 1990 election.
c. 
January 1, 1991, began the election cycle for the 1994 election.
d. 
December 31, 1994, ends the election cycle for the 1994 election.
3. 
Example 3.
1996 Election Cycle -Three Council Seats and City Clerk and City Treasurer: January 1, 1993 -December 31, 1996.
a. 
The "last election" was November 1992.
b. 
December 31, 1992, was the last or final date for receipt of campaign contributions for the 1992 election.
c. 
January 1, 1993, began the election cycle for the 1996 election.
d. 
December 31, 1996, ends the election cycle for the 1996 election.
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.
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.
(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.
B. 
For purposes of this section:
1. 
"Personally deliver" means delivery of a contribution in person or causing a contribution to be delivered in person by an agent or intermediary, other than the United States mail.
2. 
"Receive" includes the receipt of a campaign contribution delivered in person.
(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. 
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)
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)