(a) 
Unless a term is specifically defined in this chapter, the definitions set forth in Chapter 2, "Definitions," of the State Political Reform Act (Section 82000 et seq. of the Government Code) shall govern the interpretation of the provisions of this chapter.
"Candidate"
means a candidate for an elective city office.
"Controlled committee"
means a controlled committee controlled directly or indirectly by a candidate for elective city office or that acts jointly with a candidate for elective city office or another controlled committee in connection with the making of expenditures.
"Election period"
means the following:
(A) 
Except as further limited by subsections (B), (C), and (D) of this subsection, for a candidate or controlled committee in a general municipal election, "election period" means the period beginning on January 1st after the last general or special municipal election for the affected office seat and ending on December 31st following the next general municipal election for the particular office seat. This election period is normally four years.
(B) 
For a candidate or controlled committee in a special municipal election held to fill a vacancy in an elective city office, "election period" means the period beginning on the day the vacancy in office began and ending on the December 31st following the special municipal election; provided, however, that for a candidate at the special municipal election who established a controlled committee for the office or accepted contributions before the vacancy occurred, the election period means the period beginning on January 1st following the last general municipal election for the particular office seat affected by the vacancy and ending on the December 31st following the special election.
(C) 
For a candidate or a controlled committee in a special municipal election held to recall an elected city officer, including the elected official who is the subject of the recall election, "election period" means the period beginning on the date that the notice of intention to circulate a recall petition is filed with the city clerk pursuant to the Elections Code and ending on the December 31st following the special municipal election; provided, however, that for any candidate at the special municipal election who established a controlled committee or accepted contributions for the office before the vacancy occurred, the election period means the period beginning on January 1st following the last general municipal election for the particular office affected by the vacancy and ending on the December 31st following the special municipal election.
(D) 
For a candidate who is recalled at a special municipal election or who is not elected at a general or special municipal election and for a controlled committee for such a candidate, "election period" begins again on the January 1st following the election at which the candidate was recalled or not elected and ends on the December 31st following the next general or special municipal election at which the person is a candidate again.
"Individual"
means a natural person.
"Organization"
means a partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, and any other organization or group of persons acting in concert.
(b) 
Contributions, in-kind contributions, and gifts of service are regulated by the Political Reform Act of 1974 and Title 2, Division 6 of the California Code of Regulations.
(Ord. 1801 § 2, (2007); Ord. 2001 § 3, (2021))
(a) 
It is unlawful for any individual to make contributions to any single candidate or to any single controlled committee totaling more than $350 in an election period.
(b) 
It is unlawful for any organization to make contributions to any single candidate or to any single controlled committee totaling more than $350 in an election period.
(c) 
It is unlawful for any candidate or controlled committee to accept contributions from any individual totaling more than $350 in an election period.
(d) 
It is unlawful for any candidate or controlled committee to accept contributions from any organization totaling more than $350 in an election period.
(e) 
The maximum amounts specified in this section shall be automatically adjusted by the city clerk each odd-numbered year. The new amount will be adopted by resolution of the city council to take effect on January 1 of each even-numbered year, beginning on January 1, 2024. The contribution limit will be increased by $25 every two years thereafter.
(Ord. 1801 § 2, (2007); Ord. 2001 § 3, (2021))
Notwithstanding Government Code Section 84211, no person shall make an anonymous contribution or contributions to a candidate or a controlled committee totaling $50 or more in an election period.
(Ord. 1801 § 2, (2007); Ord. 2001 § 3, (2021))
Each campaign statement required to be filed by Article 2 of Chapter 4 of the Political Reform Act of 1974, shall contain, in addition to any other required information:
(a) 
The total dollar amount of contributions received during the period covered by the campaign statements from persons who have given less than $50.
(b) 
The full name of each person from whom a contribution or contributions totaling $50 and above has been received, together with the contributor's street address, occupation, and the name of the contributor's employer, if any, or the principal place of business if the contributor is self-employed, the amount of the contribution, and the date the contribution was received.
(Ord. 2001 § 3, (2021))
(a) 
Each candidate for election to the city council in November 2022, and for each city council election thereafter, shall, prior to the time they file their nomination papers with the city clerk, advise the city clerk in writing on a form provided by the city whether or not the candidate will opt to voluntarily limit their campaign expenditures in accordance with the voluntary campaign expenditure limits set forth in this section and by resolution. The agreement to voluntarily limit campaign expenditures shall pertain to all expenditures incurred by the candidate or the candidate's committee in support of their candidacy and shall include all such expenditures that a candidate or candidate's committee is required to report pursuant to the California Political Reform Act of 1974, as amended, whether those expenditures are made before or after the filing of nomination papers.
(b) 
Withdrawal Period. Within three business days after the deadline to file nomination papers with the city clerk, a candidate that previously accepted the voluntary campaign expenditure limit will have one opportunity to notify the city clerk that they have decided not to accept the voluntary campaign expenditure limit. The candidate shall thereafter be relieved of abiding by the expenditure limit.
(c) 
Candidates who agree to abide by the voluntary campaign expenditure limit shall receive the following benefits and incentives at no cost to themselves:
(1) 
The city's website will clearly identify which candidates have agreed to the voluntary expenditure limit.
(2) 
The city will publish on social media and in the eNews which candidates have agreed to the voluntary expenditure limit. This will be published twice (once at the next eNews publishing after the withdrawal period and once when the ballots are mailed to residents).
(3) 
The city will publish Chinese, English, and Spanish notices in newspapers of general circulation the candidates who agreed to the voluntary expenditure limit.
(d) 
Calculation of Voluntary Expenditure Limit.
(1) 
A candidate for district city councilmember who voluntarily agrees to expenditure ceilings shall not make qualified expenditures exceeding $5 per resident in the electoral district for each election in which the candidate is seeking elective office. Residency of each electoral district shall be determined by the latest decennial census population figures available for that district. The city clerk shall publish the expenditure limit by resolution at the last meeting of each odd-numbered year that will take effect on the first day of January in the even-numbered year beginning January 1, 2024.
(2) 
The voluntary expenditure limit for the November 2022 election is $30,000.
(3) 
Beginning in December 2025, the city clerk shall in odd-numbered years increase the expenditure ceiling amounts by twenty-five cents ($0.25) per resident. The city council shall adopt the expenditure limit by resolution at the last meeting of each odd-numbered year.
(4) 
The voluntary campaign expenditure limit called for by this section shall include any expenditures made by the candidate or by the candidate's campaign committee in connection with the preparation and publication of the candidate's statement of qualifications in the sample ballot pamphlet published in accordance with California Elections Code Section 13307.
(e) 
Penalties. Any violation of this section, including the filing of false reports that entitle the candidate to the benefits conferred by this section, shall within 72 hours of the city's knowledge of the violation:
(1) 
Be forwarded to newspapers of general circulation in Chinese, English, and Spanish for publication; and
(2) 
Be posted on the city's website; and
(3) 
Be posted in the city's eNews and social media accounts.
(Ord. 2001 § 3, (2021))
Following the date of the election for which a candidate is seeking elective office, it is unlawful for the candidate to repay themselves or for any controlled committee to repay the candidate from contributions to the candidate or the controlled committee for any loan amount incurred during that election's election period by the candidate in excess of $12,000.
(Ord. 2001 § 3, (2021))
Pursuant to Chapter 1.12 of this code, the enforcement of violations of the provisions of this chapter, excluding Section 2.25.050, may be prosecuted as an infraction or misdemeanor.
(a) 
Prosecution. Every violation of this chapter shall be a misdemeanor; provided, however, that where the prosecutor has determined that such action would be in the best interest of justice, the prosecutor may specify in the accusatory pleading or citation that the violation shall be prosecuted as an infraction.
(b) 
Infraction/Misdemeanor. Any person who violates any of the provisions of this chapter shall be guilty of an infraction or misdemeanor, punishable as provided in Chapter 1.12 of the Burlingame Municipal Code.
(Ord. 2001 § 3, (2021))