This chapter shall be cited and known as the Santa Barbara Municipal
Election Disclosure Ordinance.
(Ord. 5423, 2007)
Unless otherwise defined in this section, or the contrary is
stated or clearly appears from the context, the definitions of the
Political Reform Act of 1974 (
Government Code Sections 81000 et seq.)
and the definitions contained in the regulations adopted by the Fair
Political Practices Commission shall govern the interpretation of
this chapter.
Agent.
A person who acts on behalf or at the behest of any other
person.
Candidate.
An individual who:
1.
Is listed on the ballot for elective City office, or
2.
A person who has begun to circulate nominating petitions or
authorized others to do so on his or her behalf for nomination for
or election to a City office; or
3.
Has received a contribution or made an expenditure or authorized
another person to receive a contribution or make an expenditure, with
the intent to bring about his or her nomination for or election to
any elective City office; or
4.
Is a City officeholder who becomes the subject of a recall election.
A City officeholder "becomes the subject of a recall election" when
the earlier of the following occurs:
a.
The date a notice of intention to circulate a recall petition
is published pursuant to the recall provisions of the state Elections
Code; or
b.
The date a statement of organization for a committee to recall
the officeholder is filed with the City Clerk or the Secretary of
State pursuant to state and local law.
Committee.
A person acting (or any combination of two or more persons
acting jointly) to raise $1,000 or more, or to make independent expenditures
of $1,000 or more, within a single calendar year, on behalf of or
in opposition to a candidate. Committees include the following forms:
(1) controlled committees, (2) primarily formed recipient committees,
and (3) general purpose recipient committees.
Contribution.
Generally as that term is defined in California
Government Code Section 82015 and subject to the inclusions and exceptions contained in Title
2, Section 18215 of the
California Code of Regulations, except as modified by the following provisions:
1.
In the event of any conflict between the state law definition
and the following provisions, the following provisions shall control:
a.
A contribution includes any forgiveness of a debt or other obligation
to pay for goods or services rendered, or reduction of the amount
of a debt or other obligation to pay for goods or services rendered,
unless it is clear from the circumstances that the amount of the reduction
was reasonably based on a good faith dispute. A good faith dispute
shall be presumed if the candidate or committee produces:
i.
Evidence that the candidate or committee protested the payment
of a bill no later than 30 calendar days after the last calendar day
of the month in which the goods were delivered or the services were
rendered; and
ii.
Evidence that the protest was based on the quality or quantity
of goods delivered or services rendered.
b.
A contribution does not include an independent expenditure.
c.
A contribution does not include a payment made for internal
communications.
Controlled Committee.
A committee controlled directly or indirectly by a candidate
or that acts jointly with a candidate or controlled committee in connection
with the making of expenditures. A candidate controls a committee
if the candidate, the candidate's agent or any other committee controlled
by the candidate has a significant influence on the actions or decisions
of the committee.
Expenditure.
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 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.
An expenditure does not include a payment for internal communications,
nor does it include costs incurred for communications advocating the
nomination, election, or defeat of a candidate or the qualification,
passage, or defeat of a measure by a federally regulated broadcast
outlet or by a regularly published newspaper, magazine, or periodical
of general circulation that routinely carries news, articles, or commentary
of general interest.
General Purpose Recipient Committee.
A person who receives contributions totaling $1,000.00 or
more during a calendar year to support or oppose more than one candidate
for any public elective office. This type of committee is not controlled
by a candidate.
Independent Expenditure.
An expenditure made by any person in connection with a communication
that does any of the following:
1.
Expressly supports or opposes the nomination, election, defeat,
or recall of a clearly identified candidate; or
2.
Taken as a whole and in context, urges a particular result in
an election for the office of Mayor or the office of City Council.
An expenditure that is made to or at the behest of a candidate
or a controlled committee is not an independent expenditure.
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Internal Communication.
Any communication directed solely to members, employees, or shareholders of an organization, including communications to members of any political party, for the purpose of supporting or opposing a candidate or candidates for elective City office, specifically not to include communication activities used in connection with broadcasting, newspaper, billboard or similar type of general public communication. The meaning of internal communication is intended to be consistent with the definitions contained in California
Government Code Section 85312 and Title
2, Section 18531.7 of the
California Code of Regulations. Any amendments made to these authorities shall be deemed to be an amendment to the language of this definition.
Payment.
A payment, reimbursement, distribution, transfer, loan, advance,
deposit, gift, or other rendering of money, property, services or
any other thing of value, whether tangible or intangible.
Person.
An individual, proprietorship, firm, partnership, joint venture,
syndicate, business trust, company, corporation, association, committee,
labor union, or any other organization or group of persons acting
in concert.
Political Purpose.
The purpose of influencing or attempting to influence the
action of the voters for or against the nomination, election, defeat,
or recall of any candidate or elected City officer.
Primarily Formed Recipient Committee.
A person, entity, or organization that receives contributions
totaling $1,000 or more during a calendar year to support or oppose
a single candidate for a City election. This type of committee is
not controlled by a Candidate.
Shared Management.
An organizational structure in which there is common management
and control of two or more general purpose recipient committees. In
determining whether there is common management and control, consideration
shall be given to the following factors:
1.
The same person or substantially the same person manages the
operation of the different general purpose recipient committees;
2.
There are common or commingled funds or assets;
3.
The general purpose recipient committees share the use of the
same offices or employees, or otherwise share activities, resources,
or personnel on a regular basis;
4.
There is otherwise a regular and close working relationship
between the general purpose recipient committees.
Sponsor of a Committee.
A person, except a candidate, to whom any of the following
applies:
1.
The committee receives 80% or more of its contributions either
from the person or from the person's members, officers, employees
or shareholders;
2.
The person collects contributions for the committee by use of
payroll deductions or dues from its members, officers, or employees;
3.
The person provides, alone or in combination with other organizations,
all or nearly all of the administrative services for the committee;
or
4.
The person sets, alone or in combination with other organizations,
the policies for soliciting contributions or making expenditures of
committee funds.
Sponsored Committee.
A committee, other than a controlled committee, which has
one or more sponsors.
(Ord. 5423, 2007)
Uses of campaign funds held by any Committee formed in accordance with this chapter shall be governed by Title
9, Chapter 9.5, Article 4 of the California
Government Code, commencing with Section 89510. It is unlawful to use Campaign funds in any manner that would violate these provisions of the California
Government Code.
(Ord. 5423, 2007)
Each candidate and committee shall file campaign statements at the time and in the manner required by California
Government Code Section 81000 et seq. and Title
2 of the
California Code of Regulations, and shall comply with the following additional local disclosure and disclosure filing requirements:
A. Additional
Pre-Election Campaign Statements. In addition to the campaign statements
to be filed pursuant to the Political Reform Act, as amended, candidates
for City elective office, their controlled committees and committees
primarily formed to support or oppose these candidates shall file
a pre-election statement on the Friday before a City election, whether
general or special. This statement shall have a closing date of midnight
on the Wednesday before the election and shall cover activity and
payments occurring through that day.
B. Contributors
Listed in Alphabetical Order. All candidate and committee campaign
disclosure statements that are generated from the output of a computer
software program shall be generated with the names of all contributors
listed in alphabetical order by last name. Treasurers for any committee
that files handwritten campaign disclosure statements shall make reasonable
good faith efforts to list the names of all contributors in alphabetical
order by last name.
C. Attribution to Contributor After the Fact. A general purpose recipient committee attributing contributions totaling $100.00 or more to the same individual for purposes of supporting or opposing a candidate in an election shall, within three months of the attribution, separately disclose such contributions on a campaign statement filed with the City Clerk by supplying all identifying information regarding the contributor, reporting the date of the attribution as the "date received," showing the amount attributed to the individual at that time, identifying the applicable candidate and election for which the attribution was made, and indicating that the contribution is being re-reported per Section
2.03.090.
D. Supplemental Filing. A general purpose recipient committee that submits all of the information required by subsection
C above in a supplemental document attached to a campaign statement filed with the City Clerk will be deemed to have complied with the provisions of subsection
C.
E. Reporting
of Internal Communications. Any payment made by a political party
for internal communications to its members who are registered with
that party, and that would otherwise qualify as a contribution or
expenditure, shall be reported on that political party's campaign
disclosure statement in a manner that identifies the payment as an
"internal communication."
F. Manner of Reporting Contributions. Contributions shall be reported in a manner consistent with the provisions of Title
2, Section 18421.1 of the
California Code of Regulations, except that a monetary contribution is deemed to have been made or received only after a candidate or committee obtains:
1. Possession
or control of the check or other negotiable instrument by which the
contribution is made, and
2. Possession
of all of the information required by California
Government Code Section
84211.
G. Sponsor Reporting. Sponsors and sponsored committees participating in City elections are subject to the reporting obligations set forth in Title
2, Section 18419 of the
California Code of Regulations.
H. Mandatory Reporting Obligation. It is unlawful to fail to comply with the disclosure requirements of California
Government Code Section 81000 et seq., the disclosure requirements of Title
2 of the
California Code of Regulations, and the additional local disclosure requirements of this chapter.
(Ord. 5423, 2007)
A. Online
Reporting of Campaign Statements.
1. Each Candidate and Committee that has received contributions or made expenditures of $5,000.00 or more in connection with a City election shall use the electronic filing and disclosure system established by the City Clerk's Office in order to file online copies of each campaign disclosure statement required by Section
2.03.090 on the date such reports are due in accordance with the state Political Reform Act and, as to the additional local filing, by the local filing date. Once a Candidate or Committee is required to file campaign disclosure statements online, that Candidate or Committee shall continue to file statements online until the Committee has officially terminated in accordance with this chapter.
2. Online
filings shall be made in accordance with requirements (in the manner
established) of regulations adopted by the City Clerk for the City's
electronic campaign disclosure filing system created and maintained
by the City Clerk for these purposes.
B. Voluntary Online Reporting. Any Candidate or Committee not required to file online pursuant to subsection
A hereof may do so voluntarily.
C. Late
Contribution Reporting - Online Disclosure.
1. A
contribution of $500.00 or more in the aggregate received from one
source after the closing date for filing for the last pre-election
disclosure reporting period provided for in the Political Reform Act
(and Title 2 of the
California Code of Regulations) shall be reported
online to the City Clerk's Office on the appropriate City form within
24 hours of the receipt of the contribution by electronic filing with
the Clerk's Office.
2. The
recipient of the contribution shall also report the full name of the
contributor, his or her street address, city, state, zip code, occupation
(or profession), and the name of his or her employer, or if self-employed,
the name of the business employing the contributor. The contribution
shall also be included on the next report required to be filed under
the Political Reform Act.
D. Late
Independent Expenditures Reports.
1. A
committee (other than a controlled committee) that makes an independent
expenditure of $500.00 or more after the closing date for filing for
the last pre-election disclosure reporting period provided for in
the Political Reform Act (and Title 2 of the
California Code of Regulations)
shall be reported online to the City Clerk's Office on the appropriate
City form within 24 hours of the making of the expenditure by electronic
filing with the Clerk's Office.
2. The
expenditure shall be itemized by name, street address, city, state,
zip code, the political purpose, the candidate or ballot measure opposed
or supported, and the amount of the expenditure. This information
shall also be included on the next report filed under the Political
Reform Act.
E. Late
Filing Penalties. In addition to any late filing penalties that may
be imposed for the late filing of a paper copy pursuant to the California
Political Reform Act or to other provisions of this chapter, the person
who fails to comply with the online filing requirement of this section
shall be subject to an additional late filing penalty of $25 per day
per applicable contribution or expenditure after the deadline for
the filing of the online copy.
(Ord. 5423, 2007; Ord. 5612, 2013)
In addition to other duties required of the City Clerk under
the terms of this chapter, the City Clerk shall also be responsible
for the following:
A. To 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. To determine
whether required documents have been filed and, if so, whether they
conform on their face with the requirements of state law.
C. To report,
at the City Clerk's discretion, apparent violations of this chapter
and applicable state law to the Fair Political Practices Commission.
D. To compile
and maintain a current list of all statements or parts of statements
filed with the office pertaining to each candidate.
E. To develop
a system of online campaign statement reporting, including regulations
and public information necessary for its effectiveness and workability,
and to make it accessible to those individuals obligated to utilize
online reporting pursuant to this chapter.
F. To cooperate
and work with the City Attorney's Office in the performance of the
duties of the Clerk as prescribed in this chapter and applicable state
law.
(Ord. 5423, 2007)