This chapter is enacted pursuant to Article XI, Section 7 of the California Constitution, Section 22808 of the California
Elections Code, and Section 81013 of the California
Government Code. It is the intent of the city council of the city of Lemon Grove in enacting this chapter to supplement the provisions of the Political Reform Act of 1974 (California
Government Code Sections 81000 et seq.), as amended, and the regulations adopted by the Fair Political Practices Commission (
California Code of Regulations, Title
2, Division 6, Sections 18110 through 18997) with regard to making and reporting of campaign Contributions and Expenditures. In the event of a conflict between the provisions of the Political Reform Act or the Fair Political Practices Commission regulations and the provisions of this chapter, the provisions of the Political Reform Act and/or the Fair Political Practices Commission regulations shall prevail.
In enacting this chapter, the city council finds and declares
the following:
A. Monetary
Contributions to political campaigns are a legitimate form of participation
in the American political process, but the financial strength of certain
individuals or organizations should not permit them to exercise a
disproportionate or controlling influence on the election of Candidates.
Candidates should perform their duties in an impartial manner, free
from bias caused by their own financial interests or the financial
interests of persons who have supported them.
B. Limiting
Campaign Contributions and Expenditures in municipal elections helps
ensure equal opportunities for all Candidates, promotes diversity
among Candidates, and strengthens the community's trust that their
government is representative.
C. Lemon
Grove can best preserve its sense of community, safeguard its local
democracy, and effectuate its commitment to fair public process by
limiting all campaign Contributions and Expenditures and requiring
appropriate reporting requirements to ensure these limitations are
enforced.
D. By enacting
this chapter, the city council seeks to: (1) ensure that individuals
have a fair and equal opportunity to participate in the municipal
elective and governmental processes; (2) reduce the influence of large
Campaign contributors with a specific financial stake in matters before
city governmental bodies; (3) curtail overall Expenditures in Campaigns;
(4) reduce potential for the fundraising advantage of incumbents and
thus encourage competition for elective office; (5) improve the disclosure
of Contribution sources in reasonable and effective ways; and (6)
help maintain public trust in governmental and electoral institutions,
and protect the integrity of the City Election process.
E. This
chapter shall not apply to Contributions given to a Committee organized
solely for the purpose of supporting or opposing the qualifications
for the ballot or the adoption of one or more city measures.
(Ord. 453 § 2, 2019)
The capitalized terms used in this chapter shall have the same definitions as specified in the Political Reform Act of 1974 (
Government Code Sections 81000 et seq.) and the Fair Political Practices Commission regulations (
California Code of Regulations, Title
2, Division 6, Sections 18110 et seq.), unless otherwise specified in this chapter. When used in this chapter, the following words and terms shall be interpreted as follows, unless the text indicates a different meaning:
"Candidate,"
as referred to in this chapter, only applies to Persons seeking
an Elective City Office.
"City Election"
means any primary, general, or special election, including
recall election, held within the city of Lemon Grove for Elective
City Office. Each general or special election is a separate City Election
for purposes of this chapter.
"Committee"
shall only mean a Candidate's Controlled Committee or a Committee
formed or primarily to support or oppose a Candidate, or a city general
purpose Committee active only in the city, for purposes of all filing
requirements in this chapter.
"Electioneering"
means the visible display or audible dissemination of information
that advocates for or against any Candidate or measure on the ballot.
"Enforcement Authority"
shall mean the special counsel, officer, agent or organization
designated by action of the city council to enforce the provisions
of this article. Nothing in this article shall be construed as limiting
the authority of any law enforcement agency or prosecuting attorney
to enforce the provisions of this article under any circumstances
where such law enforcement agency or prosecuting attorney otherwise
has lawful authority to do so.
"Independent Committee"
shall mean a Committee that receives Contributions or makes
Expenditures for the purpose of influencing or attempting to influence
a City Election, which is not made with the cooperation, consultation
or in concert with, or at the request or suggestion of, any Candidate
or his or her Committee, or any of their agents.
(Ord. 453 § 2, 2019)
Independent Committees which make Expenditures for or against
a Candidate shall indicate clearly on any Independent Expenditure
material published, displayed, or broadcast the name of the Independent
Committee and the fact that the material was paid for by an Independent
Committee, and the true name of any Person on whose behalf the Independent
Expenditure is made, if made as the agent or intermediary of another.
(Ord. 453 § 2, 2019)
This chapter shall be construed liberally in order to effectuate
its purposes. No error, irregularity, informality, neglect or omission
of any officer in any procedure taken under this chapter which does
not directly affect the jurisdiction of the city to control campaign
Contributions and Expenditures shall avoid the effect of this chapter.
This chapter shall be interpreted in a manner consistent with the
Federal Constitution, State Constitution, and the California Political
Reform Act (
Government Code Section 81000 et seq.) including its implementing
regulations, as amended.
(Ord. 453 § 2, 2019)
In conjunction with Chapter
18.12 (Signs) of the Lemon Grove Municipal Code, this section is specific to election signs.
A. All
Candidates and Committees are required to obtain a sign permit at
no cost to place signs of any kind within the city boundaries. The
sign permit will provide the candidate with a list of city-approved
locations to place signs, and a city staff contact and phone number.
B. All
signs will follow the state guidelines on reporting "Paid for by Committee
Name" at minimum and Committee Number issued by the Secretary of State
will be included on all signs and mailing materials by all Candidates
and Committees within the city boundaries.
C. Timing,
Removal. Placement of signs shall be made no earlier than sixty days
prior to the election. All signs shall be removed within five days
after the election. If any sign is not removed within the specified
time period, the city may remove and destroy or otherwise dispose
of the sign without liability whatsoever to the city.
(Ord. 453 § 2, 2019)
It is unlawful for any Person to participate in Electioneering
as a Candidate, for a Candidate, Committee or any other election campaign
on city-owned property or at a city-hosted or city-sponsored event.
This includes, but is not limited to, any of the following:
A. A display
of a Candidate's name, likeness, or logo.
B. A display
of a ballot measure's number, title, subject, or logo.
C. Buttons,
hats, pencils, pens, shirts, signs, or stickers containing Electioneering
information.
D. Dissemination
of audible Electioneering information.
E. At vote
by mail ballot drop boxes, loitering near or disseminating visible
or audible Electioneering information.
(Ord. 453 § 2, 2019)