Article 2 CAMPAIGN CONTRIBUTION LIMITS FOR COUNTY OFFICES

"Carry-over"

means the carry-over of contributions raised in connection with one election for county office to pay expenditures incurred in connection with a subsequent election for the same elective county office.

"Committee"

means the types of committees whose contributions are governed by the Political Reform Act, such as a small contributor committee, a political committee, and other committees, defined as described in section 1-33-2010.

"County candidate"

means any person who is a candidate for member of the Board of Supervisors, or for Assessor/Clerk-Recorder, Auditor-Controller/Treasurer-Tax Collector, County Superintendent of Schools, District Attorney-Public Administrator, or Sheriff-Coroner, or is an elective county officer, whether or not that elective county officer is a candidate for reelection.

"Elective county officer"

"County election"

means any primary election, general (runoff) election, or special election, but does not include a recall election.

(e)

"County office"

means member of the Board of Supervisors, Assessor/Clerk-Recorder, Auditor-Controller/Treasurer-Tax Collector, County Superintendent of Schools, District Attorney-Public Administrator, or Sheriff-Coroner, or, in the event any of the listed consolidated county offices are separated, any of the separated offices.

(f)

"Election cycle"

means the applicable period as set forth in Section 1-33-2050 of this article.

(g)

means any person who is a member of the Board of Supervisors, or is Assessor/Clerk-Recorder, Auditor-Controller/Treasurer-Tax Collector, County Superintendent of Schools, District Attorney-Public Administrator, or Sheriff-Coroner, whether appointed or elected.

(h)

"Indebted former candidate"

means a person, other than an elective county officer, who was a candidate for a county office at any county election and who has campaign debt remaining from such election after expiration of the election cycle for the county office for which he or she was a candidate.

(i)

"Inter-candidate transfer"

means the transfer of contributions from the controlled committee of one candidate to a committee supporting or opposing any other county candidate or elective county officer.

(j)

"Intra-candidate transfer"

means the transfer of contributions for a subsequent election of the same candidate seeking a different office.

(k)

"Person"

means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, labor union or organization, and any other organization or group of persons acting in concert.

(Added by Ord. No. 3588, effective 2-4-21)

§ 1-33-2030 CONTRIBUTION LIMITATIONS.

County Candidates. Except as otherwise provided in this section, no person shall make, and no county candidate or treasurer of any controlled committee of any county candidate shall solicit or accept, any contributions which would cause the total amount contributed by such person to such candidate or to his or her controlled committee, to exceed forty thousand dollars ($40,000.00) during any election cycle for any county office. No contributions shall be accepted by any candidate before the beginning of the election cycle related to the election for which the person is a candidate. Contributions accepted for campaign expenses and for officeholder expenses shall be aggregated for purposes of the limitation set forth in this section.

Elective County Officers with Outstanding Debt from Prior Election. No person shall make, and no elective county officer, or treasurer of any controlled committee of any elective county officer, shall solicit or accept, any contributions for the purpose of retiring outstanding debt from a prior county election which would cause the total amount contributed by such person to such elective county officer or to his or her controlled committee, to exceed forty thousand dollars ($40,000.00) for the election in which the outstanding debt was incurred, regardless of when the contribution(s) is made or received. This restriction shall not apply to indebted former candidates who are not elective county officers.

Recall Elections. The contribution limitations set forth in this section shall not apply to recall elections.

§ 1-33-2040 OUTSTANDING DEBT RETIREMENT AND REPORTING.

Candidate's Personal Funds. The provisions of this section shall not apply to a county candidate's contribution of his or her personal funds to his or her own controlled committee. Contributions by the spouse of a county candidate from such spouse's separate property shall be subject to the contribution limitations set forth in subdivision (a) of this section.

(Added by Ord. No. 3588, effective 2-4-21)

Any elective county officer or indebted former candidate, or any controlled committee of any such officer or candidate, accepting any contribution(s) for the purpose of retiring outstanding debt from a prior county election and required by state law to report such contributions on Schedule A of Fair Political Practices Commission Form 460 or any successor form thereto, shall, at the time required for the reporting of such contributions on Schedule A and in addition to any other reporting requirements under state law, clearly designate on said Schedule A which contributions were received for the purpose of retiring outstanding debt and for which prior county election such contributions were received.

Any contribution accepted for the purpose of retiring outstanding debt from a prior county election shall be applied to reduce or retire said outstanding debt in the same reporting period in which such contribution was accepted. The application of any contribution to retire outstanding debt from a prior county election (i.e., repayment of outstanding loans and payment of accrued expenses) shall be itemized and identified on the appropriate schedules and on the Summary Page of Form 460, or any successor form thereto, provided by the Fair Political Practices Commission.

No elective county officer or indebted former candidate, or any controlled committee of any such officer or candidate, shall use any contributions received for the purpose of retiring outstanding debt from a prior county election for any purpose other than for the retirement of outstanding debt remaining from the prior county election for which such contribution was received.

Contributions after the election date shall be subject to the rules in Government Code section 85316, as such statute may be amended from time to time, except that the contribution limit in section 1-33-2030 shall apply.

(Added by Ord. No. 3588, effective 2-4-21)

§ 1-33-2050 ELECTION CYCLES.

Primary Elections. For purposes of any primary election for any county office, the term "election cycle" as used in this article shall mean the period commencing on the day after a primary election for such county office, and ending on the day of the next primary election for the same county office. In the event there is a runoff election, the primary "election cycle" for the next primary election shall commence on the day after the runoff election and end on the day of the next primary election for the same county office. Notwithstanding the preceding sentences, following a special election for any county office, the "election cycle" for the next primary election for said county office shall commence on the day following said special election and shall end on the day of the next primary election for the same county office.

General (Runoff) Elections. For purposes of any runoff election for any county office, the term "election cycle" as used in this article shall mean the period commencing on the day after the primary election for such county office and ending on the day of the runoff election.

Special Elections. For purposes of any special election for any county office, the term "election cycle" as used in this article shall mean the period commencing on the date a special election is called by the board of supervisors and ending on the day of the special election.

Contributions made or attributed to a primary, general (runoff), or special election may be made at any time to a county candidate or elective officer to pay for:

Attorney's fees for litigation or administrative action which arises directly out of a candidate's or elected officer's alleged violation of state or local campaign, disclosure, or election laws;

§ 1-33-2060 AGGREGATION OF CONTRIBUTIONS.

For a fine or assessment imposed by any governmental agency for violations of this article or the Political Reform Act of 1974;

(3)

For a recount or contest of the validity of an election; or

(4)

For any expense directly associated with an external audit or unresolved tax liability of the campaign by the county candidate or the candidate's controlled committee.

(Added by Ord. No. 3588, effective 2-4-21)

For purposes of the contribution limitations contained in this article, the following provisions shall apply:

All contributions made by a sponsored committee to a county candidate or to an elective county officer (or to a committee controlled by such candidate or officer) shall be combined with those contributions made during the same election cycle by the sponsor(s) of the committee. Consistent with the definition and use of the terms "sponsored committee" and "sponsor" in the Political Reform Act, the term "sponsor" shall not include individuals.

Contributions received from the following combinations of individuals and entities must be aggregated to determine the cumulative amount of contributions received from a contributor:

Contributions from an individual who makes contributions from personal funds and who also has sole authority to direct and control contributions made from other funds;

Contributions from business entities in a parent-subsidiary relationship and business entities with the same controlling owner (more than fifty percent (50%)), unless the entities act completely independently in their decisions to make contributions;

(3)

Contributions from any number of entities or committees if the same person or a majority of the same persons in fact directs and controls the contributions each entity makes. This sub-division shall not apply to treasurers of committees if these treasurers do not participate in or control in any way a decision on whether the candidate or candidates received contributions.

Contributions by a married person shall be treated as the separate contributions of such person and shall not be aggregated with any contributions of the spouse of such person.

§ 1-33-2070 PROHIBITION OF MULTIPLE CAMPAIGN COMMITTEES OR ACCOUNTS.

Contributions by children under eighteen (18) years of age shall be treated as contributions by their parent(s) or legal guardian(s), one-half to each parent or guardian unless only one (1) parent or guardian has legal custody of such child in which event any such contributions shall be attributed solely to the custodial parent.

(Added by Ord. No. 3588, effective 2-4-21)

A county candidate shall have no more than one (1) controlled committee for each county office for which such individual is a candidate or is an elective county officer and such controlled committee shall have only one (1) bank account out of which all qualified campaign and officeholder expenses related to that county office shall be made.

This section does not prevent a county candidate or an elective county officer from establishing another controlled committee solely for the purpose of running for a state, federal, city or other elective county office, or for opposing his or her recall as permitted by Government Code section 85315, as such statute may be amended from time to time.

Notwithstanding this section, the provisions of Government Code section 85318, regarding raising contributions for a general election before the primary election, and for a special general election before a special primary election, for the same elective county office, shall apply under this article. In particular, as authorized by that statute, candidates for elective county office may establish separate campaign contribution accounts for the primary and general elections or special primary and special general elections.

(Added by Ord. No. 3588, effective 2-4-21)

§ 1-33-2080 INTER-CANDIDATE TRANSFERS.

No committee controlled by a county candidate or elective county officer shall make any contributions to any other committee supporting or opposing any other county candidate or elective county officer that exceed the contribution limits set forth in section 1-33-2030.

No contributions shall be accepted by any county candidate or elective county officer, or by any committee controlled by such county candidate or elective county officer, from any other committee controlled by any other federal, state, or local candidate or officeholder that exceed the contribution limits set forth in section 1-33-2030.

§ 1-33-2090 INTRA-CANDIDATE TRANSFERS AND CARRY-OVERS.

No county candidate or elective county officer shall make any contributions from his or her own personal funds to the candidacy of any other candidate for elective county office that exceed the contribution limits set forth in section 1-33-2030.

(Added by Ord. No. 3588, effective 2-4-21)

A county candidate or elective county officer may transfer or carry over campaign funds from one controlled committee ("transferor committee") to a controlled committee for a subsequent election of the same candidate or officer ("transferee committee") to any other elective office. Contributions transferred shall be attributed to specific contributors using a "last in, first out" or "first in, first out" accounting method, and these attributed contributions, when aggregated with other contributions from the same contributor, may not exceed the contribution limits set forth in section 1-33-2030 or any other limitations already in existence for that office.

Transferred contributions shall be deemed contributions made to the transferee committee in the election cycle in which such contributions are received by the transferee committee.

Any transfer of funds must be accompanied by a report disclosing the name, address, occupation, and employer, and amount of contribution being transferred, for each person whose contributions are being transferred (the "transfer reports"). Said transfer report shall be prepared by the treasurer of the transferor committee and a copy thereof shall be submitted to the treasurer of the transferee committee at the time such contributions are transferred. A copy of the transfer report shall be filed with the campaign statement required to be filed by such transferee committee under the provisions of the Political Reform Act, which campaign statement covers the period during which the transferred funds were received by the transferee committee.

The standard FPPC form (currently Form 460, Recipient Committee Campaign Statement) may be used to compile the transfer report as long as it is noted that it is a transfer report.

§ 1-33-2100 LOANS TO COUNTY CANDIDATES AND THEIR CONTROLLED COMMITTEES.

This section shall not prohibit a county candidate from making a contribution from his or her own personal funds to his or her own candidacy.

(Added by Ord. No. 3588, effective 2-4-21)

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 article.

The proceeds of a loan made to a county candidate 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 article if the loan is made directly to the candidate. The guarantors of such a loan shall remain subject to the contribution limits of this article.

Extensions of credit (other than loans pursuant to subdivision (b) of this section for a period of more than thirty (30) days are subject to the contribution limitations of this article.

§ 1-33-2110 FUNDS, PROPERTY, GOODS OR SERVICES RECEIVED BY OFFICIALS TREATED AS CONTRIBUTIONS.

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.

(e)

Notwithstanding subdivision (a), a candidate for elective county office shall not personally loan to the candidate's campaign, including the proceeds of a loan obtained by the candidate from a commercial lending institution, an amount, the outstanding balance of which exceeds the amount listed in Government Code section 85307 (one hundred thousand dollars ($100,000) as of the date of adoption of the ordinance codified in this article), as such amount may be amended from time to time. A candidate shall not charge interest on any loan the candidate made to the candidate's campaign.

(Added by Ord. No. 3588, effective 2-4-21)

Any funds, property, goods or services, other than government funds, received by elective county officers which are used, or intended by the donor or by the recipient to be used, for expenses (including legal expenses) related to holding public office, shall be considered campaign contributions and shall be subject to the contribution limitation of Section 1-33-2030. Reimbursement for travel expenses related to holding public office shall be excluded from the provisions of this section.

Contributions in kind to a legal defense fund under Government Code section 85304.5 are not "legal expenses" under subdivision (a) of this section.

§ 1-33-2120 DISCLOSURE REQUIREMENTS.

Disclosure of name, address, and occupation and employer of contributor. If either the name, address, occupation and employer of an individual contributor (or if such individual is self-employed, the name of the business, if any, under which the individual is operating) is not on file in the records of the recipient of the contribution by the end of the reporting period in which the contribution was accepted, the contribution shall then be returned to the individual, or to the county's general fund, by the end of that reporting period. Notwithstanding the above, if a contribution does not designate the requisite information, the candidate or the candidate's committee may hold the contribution without returning it or depositing it into a campaign account for a period of up to fourteen (14) days while the requisite information is obtained. The required information shall be reported on Schedule A of Form 460, or any successor form thereto, as prepared by the Fair Political Practices Commission. Both the receipt and return of any such contribution shall be disclosed on the appropriate schedules of Form 460, or any successor form thereto, as prepared by the Fair Political Practices Commission.

§ 1-33-2130 REPORTING OF CUMULATIVE CONTRIBUTIONS.

Disclosure of Major Contributors. Any mailing financially supported by an independent expenditure committee shall indicate on the envelope containing the mailing, and on the mailing itself, the name of the committee, and the names of the top three financial contributors to the committee at the time the mailing is being prepared. This required disclosure shall be in substantially the following form: "This information is provided by [Name of Independent Expenditure Committee] and has been supported by [names of top three contributors]."

(Added by Ord. No. 3588, effective 2-4-21)

Contributions received from any contributor during a reporting period which have a cumulative total of one hundred dollars ($100.00) or more when added to all other contributions received from such contributor during the same election cycle shall be itemized and reported, both as to individual contribution amounts received during the reporting period and the total cumulative amount received during the election cycle. Such amounts shall be reported on Schedule A of Form 460 or any successor form thereto, as prepared by the Fair Political Practices Commission, if the candidate or controlled committee is required to use such form, or shall be reported on a separate schedule appended to the required campaign statement. The term "election cycle" as used in this section shall mean the period described in Section 1-33-2050.

(Added by Ord. No. 3588, effective 2-4-21)

§ 1-33-2140 REPORTING OF LATE CONTRIBUTIONS.

Any contribution(s) of five hundred dollars ($500.00) or more, including contributions aggregated pursuant to Section 1-33-2060, that are made to or received by a county candidate, his or her controlled committee or a committee formed or existing primarily to support or oppose a county candidate, shall be reported within twenty-four (24) hours if the contribution(s) were made or received before the date of the election at which the county candidate is to be voted on, but after the closing date of the last campaign statement required to be filed before the election.

(Added by Ord. No. 3588, effective 2-4-21)

§ 1-33-2150 ENFORCEMENT OF ARTICLE.

Civil Liability. Any person who knowingly and willfully violates or otherwise fails to comply with any provision or requirement of this article shall be liable to the County of Tulare in a sum not to exceed the following amount for each such violation:

For the making or accepting of any contribution in excess of the applicable contribution limits specified in this article, a sum equal to three (3) times the amount by which the contribution exceeds the applicable contribution limit, or the sum of five thousand dollars ($5,000.00), whichever is greater, for each violation.

For any other violation of this article, the sum of five hundred dollars ($500.00) for each violation.

Criminal Liability. After the first violation as set forth in subdivision (a), the following criminal liability may be imposed:

Knowingly and willfully converting campaign contributions to a nonpolitical personal use constitutes a misdemeanor which in addition to other penalties provided by law is punishable by a fine of up to the greater of five hundred dollars or three times the amount converted to personal use.

A person who knowingly and willfully makes or causes to be made a campaign contribution to a candidate for a county elective office in excess of the limit provided in section 1-33-2030 is guilty of a misdemeanor punishable by a fine of up to one thousand dollars or imprisonment for up to six months, or both.

(3)

A candidate for county elective office who knowingly and willfully obtains or receives a campaign contribution in excess of the limit provided in section 1-33-2030 and fails to return the excess amount of the contribution to the contributor within a reasonable time is guilty of a misdemeanor punishable by a fine of up to one thousand dollars or imprisonment for up to six months, or both.

Right to Cure Unknowing Violation. In the event a candidate accepts a contribution and then becomes aware it is in violation of the contribution limit, that violation by the candidate may be excused, and will not be deemed "knowing and willful," if the candidate returns the contribution or contributes it to the County general fund within thirty (30) days of becoming aware of the violation.

Debt Owing to County. Any amount due from any person pursuant to subdivision (a) of this section shall be a debt due and owing upon demand to the general fund of the County of Tulare.

(e)

Civil Action to Collect Debt and Obtain Other Relief.

The District Attorney may file and prosecute a civil action in superior court, to recover any amount(s) due and owing to the County of Tulare by any person pursuant to this section, or to enjoin any violation or otherwise compel compliance with the requirements of this article.

§ 1-33-2160 ADJUSTMENT FOR INFLATION: POLICIES.

In the event an allegation of violation of this chapter involves a candidate for District Attorney, the matter shall be referred for investigation and enforcement to some independent official or office (e.g., another District Attorney's office, the California Attorney General, or the Fair Political Practices Commission). The Board of Supervisors shall pay the reasonable expenses of the independent investigation and enforcement.

(f)

Limitation of Actions. No civil action shall be brought under the provisions of this section unless said action is filed within two (2) years following the date of such violation.

(g)

Remedial Measures. If the District Attorney determines or believes that any person (the target party) has violated any provision of this article, the District Attorney may, at his or her sole discretion, advise the target party of remedial measures which may be taken by the target party to avoid possible civil action (the "remedial measures"). Such remedial measures may, but need not necessarily, include the payment of a civil fine to the County. Nothing contained herein shall be deemed to require the District Attorney to offer remedial measures to any target party. In the event the target party is offered and timely performs such remedial measures to the satisfaction of the District Attorney, the District Attorney shall advise the target party (and any person who, in writing, informed or complained to the District Attorney concerning any such violation), in writing, that the alleged violation has been resolved (the letter of resolution) and, in such event, no civil action shall thereafter be filed or maintained relating to such alleged violation of this article.

(Added by Ord. No. 3588, effective 2-4-21)

The County Administrative Officer shall adjust the contribution limitations in this article in the same manner and with the same effective dates as provided in Government Code section 83124 (in January of every odd-numbered year, backdated to that Jan. 1), using the same Consumer Price Index and formula specified in the FPPC Regulation (currently Cal. Code Regs., tit. 2, § 18544), as such provisions may be amended from time to time. The adjusted limit shall be recorded in some policy document easily available to the public.