Participation in fair and inclusive
elections is the cornerstone to effective local government. The purpose
of this chapter is to ensure all candidates and their supporters are
provided with rules and guidelines that are clear, unbiased, and objective.
Additionally, contribution limits have been established to ensure
that qualified candidates have an opportunity to engage in the political
process even if they possess different fiscal resources. The ideal
is for each candidate to be motivated by community interests without
even the appearance of influence from large financial contributors.
The City disavows any illegal behavior
with respect to elections and encourages residents to report any activity
associated with vandalism, harassment, theft, or stalking to the City's
hotline which can be found on the City's website. Vandalism and theft
of campaign signs are crimes under State law which will be prosecuted
by the District Attorney's Office, or appropriate public official,
pursuant to State statutes and penalties. Additionally, assault, harassment,
or stalking of a candidate/public official is a crime under State
law which will be prosecuted by the District Attorney's Office, or
appropriate public official, pursuant to state statutes and penalties.
The City will actively communicate public information to discourage
any such illegal behavior so that elections can be fair and impartial.
The contents of this chapter are
intended to be consistent with and supplement the requirements of
California State law and constitutional requirements regarding election
protocols. Specifically, the provisions of Article XI, Section 7 of
the California Constitution and California
Government Code Section
81013 support the finding that municipal elections are municipal affairs;
the regulation of campaign contributions and expenditures in municipal
elections is not preempted by general State law; and such activity
is the proper subject of municipal regulation under the authority
granted to cities by the State of California.
(Ord. 2024-1242, 3/6/2024)
For the purpose of this chapter,
the following words and phrases shall have the meanings respectively
ascribed to them by this subsection:
"Campaign statement"
means an itemized report prepared on a form provided by the
City Clerk that provides the information required by this chapter.
"Candidate"
means an individual listed on the ballot or qualified to
receive write-in votes counted by election officials for nomination
or election to the position of Mayor or member of the City Council,
or who receives a financial contribution or makes an expenditure or
gives his or her consent for any other person to receive a contribution
or make an expenditure with the intention of bringing about his or
her nomination or election to the position of Mayor or member of the
City Council, whether or not the specific elective office is known
at the time the contribution is received or the expenditure is made
and whether or not candidacy has been declared or filed. "Candidate"
also includes any Mayor or Councilmember who is the subject of a recall
election.
"Closing date"
means the date which any report or statement filed under
this chapter is required to be complete.
"Committee,"
including controlled and independent committees, means any
person or combination of persons who directly or indirectly receives
contributions or makes expenditures or contributions for the purpose
of influencing or attempting to influence the action of voters for
or against the nomination or election of one or more candidates for
City elective office. For purposes of this chapter, a person or combination
of persons becomes a "committee" subject to the regulations of this
chapter when such person or combination of persons:
1.
Receives, for a City election, campaign
contributions totaling $250.00 or more in a calendar year.
2.
Expends for a City election a total
of $250.00 or more in a calendar year.
"Controlled committee"
means a committee controlled directly or indirectly by a
candidate or that acts jointly with or in coordination with a candidate
or another controlled committee in connection with making expenditures.
A candidate controls a committee if the candidate or agent or any
other committee the candidate controls has significant influence on
the actions or decisions of the committee, or if the committee coordinates
its expenditures with the expenditures of a candidate or committee
controlled by a candidate, whether or not the candidate is personally
aware of the coordination.
"Election"
means any City general, special, initiative, referendum or
recall election.
"Electronic filing"
means use of a system that provides for the online or electronic
transfer of data using telecommunications technology that ensures
the integrity of the data transmitted and that creates safeguards
against efforts to tamper with or subvert the data.
"Entity"
means any corporation, company, association, or other organization
other than an individual or a political party.
"Independent committee"
means any committee which receives contributions or makes
expenditures for the purpose of influencing or attempting to influence
a City election which is neither controlled by a candidate nor coordinates
its expenditures with the expenditures of a candidate or a committee
controlled by a candidate.
"Measure"
for the purposes of this chapter, means any proposition submitted
to a popular vote at a City election.
"Person"
means an individual, proprietorship, firm, partnership, joint
venture, syndicate, business trust, company corporation, association,
or committee (including both controlled and independent committees),
labor union, and any other organization or group of persons acting
in concert.
"Political party"
means any organization qualified to participate in any primary
election in the State of California as set forth in California Elections
Code Section 5100, or such law as may replace Section 5100.
Unless otherwise provided herein, the definitions, special provisions,
and interpretations of the Political Reform Act of 1974, as amended,
are to be relied upon in administering this chapter. The requirements
of this chapter are in addition to and shall not be administered or
interpreted to be in conflict with, the requirements of the Political
Reform Act of 1974.
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(Ord. 2024-1242, 3/6/2024)
A. Each candidate, each treasurer of a committee
supporting or opposing a candidate, and each treasurer of a committee
supporting or opposing a measure shall prepare an itemized statement
of campaign contributions received and campaign expenditures made.
The statutory provisions of the Political Reform Act of 1974 and the
Elections Code Section 11500 et seq. shall be complied with.
B. Campaign statement forms shall be provided
by the City Clerk and campaign statements shall be filed with the
City Clerk in accordance with the deadlines established by the Political
Reform Act of 1974.
C. The City Clerk shall ensure that all campaign
statements, filed with the City in accordance with this chapter, are
retained and available for public review at City Hall, in accordance
with law. Also, the City Clerk shall ensure that copies of the campaign
statements are available for public review online on the City's website
and shall remain there for no less than six months following the related
election.
D. Any elected officer, candidate, committee, or other person required to file statements, reports or other documents ("statements") as required by Chapter 4 of the Political Reform Act (California
Government Code Section 84100 et seq.) ("filers") will file such statements using the City Clerk's online system according to procedures established by the City Clerk and Chapter
2.58 of this code.
E. Any independent expenditure reports filed
with the City shall be limited to only the City of Imperial Beach
candidates or ballot measures that they are supporting or opposing.
(Ord. 2024-1242, 3/6/2024)
A. No individual, person, committee, entity,
or political party shall make one or more contributions with a total
value of more than $250.00, per election, to:
1. The same candidate for Mayor;
2. The same candidate for City Council; or
3. The same controlled committee of a candidate
for Mayor or City Council.
B. This section does not apply to a candidate's
contribution of personal funds to his or her own campaign contribution
account or prohibit a controlled committee or political party from
conveying to a candidate any monies legally received as contributions.
The contribution limitation of this section is not a limitation upon
expenditures and shall not limit the expenditures by any candidate,
person, or committee.
C. Spouses are two separate individuals for
purposes of the contribution limitations of this section.
(Ord. 2024-1242, 3/6/2024)
If a contribution is tendered and
would be in violation of this chapter, it shall be returned by the
candidate to the contributor within 60 days of receipt by the candidate.
(Ord. 2024-1242, 3/6/2024)
If a candidate contributes personal
funds to his or her own campaign contribution account of more than
$5,000.00 aggregate, in connection with a campaign for a single election,
a candidate shall do all of the following:
A. Prior to contributing the personal funds,
the candidate shall provide written notice of the candidate's intent
to contribute more than $5,000.00 of personal funds to the City Clerk
and all opponent candidates. The notice shall be delivered personally
or sent by registered mail to the last known address of the opponent
candidates as shown in the records of the City Clerk and shall specify
the amount of personal funds intended to be contributed. The notice
shall also provide the date the personal funds shall be deposited
into the candidate's campaign contribution account. Separate notice
is also required for every separate deposit of personal funds of any
amount that is a contribution from a candidate to his or her campaign
once the candidate has contributed more than $5,000.00 in personal
funds in connection with the campaign for a single election contest.
B. The required notice shall be given no later
than 21 days prior to the election, unless the contribution occurs
during the 21 days preceding the election, in which case the required
notice shall be provided 24 hours prior to deposit into the candidate's
campaign contribution account.
(Ord. 2024-1242, 3/6/2024)
A. It is unlawful for any contributor to make,
knowingly or willfully, a contribution which is prohibited by this
chapter.
B. It is unlawful for any candidate, agent
for a candidate, committee, or agent for a committee to solicit, knowingly
or willfully, a contribution which is prohibited by this chapter.
C. It shall be unlawful for any candidate,
agent for a candidate, committee, or agent for a committee to accept,
knowingly or willfully, a campaign contribution which is prohibited
by this chapter.
D. It is unlawful for any person to aid, abet,
advise or participate in, knowingly or willfully, a violation of this
chapter.
E. No committee shall make any expenditures
to influence or attempt to influence the voters in a City election
if such committee has not complied with the contribution limitations
imposed by this chapter upon such committee's receipt of funds.
(Ord. 2024-1242, 3/6/2024)
A. At least 90 days prior to a City election,
the City Council shall appoint a special counsel for that election
and such additional special counsel as may be required, on such terms
and conditions as the City Council deems appropriate.
B. The special counsel shall be the District
Attorney, the Attorney General, or such other qualified and independent
special counsel or combination of the foregoing as may be appointed
by the City Council.
(Ord. 2024-1242, 3/6/2024)
A. The City's review and investigation of
complaints of alleged violations of this chapter shall be commenced
and carried out only by an appointed special counsel. If the special
counsel determines that there is a reason to believe that a violation
of this chapter has occurred, special counsel shall conduct an investigation
as it deems necessary for the enforcement of this chapter. The special
counsel shall have such investigative powers as are necessary for
the performance of duties described in this chapter and may demand
and shall be furnished records of campaign contributions and expenditures
of any person or committee subject to this chapter. In the event production
of records is refused, the special counsel may commence civil litigation
to complete the production.
B. Persons residing in the City who believe
that a violation of this chapter has occurred may file a written complaint
for review by the special counsel. If the complaint presents probable
cause to believe that a violation has occurred, the special counsel
will initiate an investigation of such violation.
C. Review, investigation, enforcement, litigation,
and prosecution under this chapter shall be commenced and carried
out only by an appointed special counsel. If the special counsel determines
that there is good reason to believe that a violation of this chapter
has occurred, special counsel may commence such administrative, civil,
or criminal legal action as it deems necessary for the enforcement
of this chapter.
D. Activity by special counsel in accordance
with this chapter shall not be subject to review or control by the
City Council or City Attorney. The City Attorney shall not review,
investigate, prosecute or otherwise deal with any alleged violation
of this chapter, but may defend the constitutionality and legality
of this chapter in any civil proceeding in which the City or the City
Council is a party.
E. Any action alleging a violation of this
chapter must be commenced no later than six months from the date of
the related election.
(Ord. 2024-1242, 3/6/2024)
A. Any person who knowingly or willfully violates
any provision of this chapter is guilty of a misdemeanor.
B. Any person who violates any provision of
this chapter shall be liable in a civil action for damages in the
amount of $1,000.00 per violation. In addition, such person shall
be liable for the reasonable attorney's fees and costs incurred by
the City in any civil proceeding filed to enforce the provisions of
this chapter. Upon collection, the monies shall be deposited into
the general fund of the City, earmarked to be used for the purpose
of defraying the costs of municipal elections, including, but not
limited to, enforcement of this chapter.
(Ord. 2024-1242, 3/6/2024)
The City Clerk will include a copy
of this chapter and a Code of Fair Campaign Practices Statement in
the candidate campaign materials.
(Ord. 2024-1242, 3/6/2024)
If any provision 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 those provisions to
persons or circumstances other than those as to which it is held invalid,
shall not be affected thereby, and to this end the provisions of this
chapter are severable.
(Ord. 2024-1242, 3/6/2024)