Chapter 1.07 — CAMPAIGN REFORM

This chapter shall be known and may be cited as the "Alameda County Campaign Reform Ordinance."

(Ord. No. 2010-67, § 1, 12-7-10)

The definitions and other applicable provisions of the California Political Reform Act of 1974 Government Code § 81000 et seq. and any amendments thereto and the regulations of the fair political practices commission shall govern the interpretation and application of this chapter to the extent practicable.

"County office" means every office of the government of the county of Alameda that is filled by county-wide or district election.

"Elective county officer" means any person holding a county office as defined herein.

(Ord. No. 2010-67, § 1, 12-7-10)

A.

No person or entity shall make to any candidate for or elective county officer in a county office filled by district election, nor to any controlled committee of a candidate for or elective county officer in a county office filled by district election, a contribution or contributions totaling more than twenty thousand dollars ($20,000.00) for each election. No controlled committee of such a candidate or elective county officer shall

accept from any person or entity a contribution or contributions totaling more than twenty thousand dollars ($20,000.00) for each election.

B.

No person or entity shall make to any candidate for or elective county officer in a county office filled by county-wide election, nor to any controlled committee of a candidate for or elective county officer in a county office filled by county-wide election, a contribution or contributions totaling more than forty thousand dollars ($40,000.00) for each election. No controlled committee of such a candidate or elective county officer shall accept from any person or entity a contribution or contributions totaling more than forty thousand dollars ($40,000.00) for each election.

C.

The board of supervisors shall by ordinance adjust the contribution limitations contained in subsections A and B of this section in January of odd-numbered years to reflect any cumulative increase or decrease in the Consumer Price Index of California as announced by the United States Department of Labor since the last adjustment. Such adjustments shall be rounded off to the nearest hundred dollars for the limitations on contributions.

D.

The provisions of this chapter do not apply to a candidate's own contributions of his or her personal funds to his or her own campaign or controlled committee.

(Ord. No. 2010-67, § 1, 12-7-10; Ord. No. 2012-33, § 1, 9-11-12)

A.

For purposes of the contribution limits of this chapter, the following terms have the following meanings:

1.

"Entity" means any person, other than an individual person.

2.

"Majority-owned" means an ownership of more than fifty (50) percent.

B.

The contributions of an entity whose contributions are directed and controlled by any individual person shall be aggregated with contributions made by that individual person and any entity whose contributions are directed and controlled by the same individual person.

C.

If two or more entities make contributions that are directed and controlled by a majority of the same persons, the contributions of those entities shall be aggregated.

D.

Contributions made by entities that are majority-owned by any person shall be aggregated with the contributions of the majority owner and all other entities majority owned by that person, unless those entities act independently in their decisions to make contributions.

(Ord. No. 2010-67, § 1, 12-7-10)

A.

A candidate may carry over funds, without limit, from one controlled committee for county office of the candidate to a controlled committee for future election to the same county office.

B.

A candidate may transfer funds from one controlled committee for county office to a committee for election to a different county office of the same candidate. Contributions transferred pursuant to this subsection 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 all other contributions from the same contributor may not exceed the limits set forth in Section 1.07.030, including any ordinance adopted pursuant to Section 1.07.030C.

C.

A candidate or committee controlled by that candidate shall not accept any contribution from a controlled committee of any other candidate for county office or from a committee controlled by another federal, state, or local candidate or officeholder in excess of the limits set forth in Section 1.07.030, including any ordinance adopted pursuant to Section 1.07.030C.

(Ord. No. 2010-67, § 1, 12-7-10; Ord. No. 2012-33, § 1, 9-11-12)

Editor's note— Ord. No. 2025-49, § 1, adopted September 23, 2025, repealed § 1.07.060, which pertained to prohibition on multiple campaign committees and derived from Ord. No. 2010-67, § 1, adopted December 7, 2010.

A.

No person shall receive or personally deliver or attempt to deliver a contribution in any office which the county owns or for which the county pays the majority of the rent.

B.

For purposes of this section:

1.

Personally deliver means delivery of a contribution in person or causing a contribution to be delivered in person by an agent or intermediary, other than the United States Mail.

2.

Receive includes the receipt of a campaign contribution delivered in person.

(Ord. No. 2010-67, § 1, 12-7-10)

A.

Any person who willfully violates any provision of this chapter is guilty of a misdemeanor. Any person who willfully causes or solicits any other person to violate any provision of this chapter, or who aids and abets any other person in the violation of any provision of this chapter, shall be liable under the provisions of this section.

B.

No person convicted of a misdemeanor under this chapter shall be a candidate for an elective county office or act as a county contractor for a period of four years following the date of the conviction unless the court at the time of sentencing specifically determines that this provision shall not be applicable. A plea of nolo contendere shall be deemed a conviction for purposes of this section.

(Ord. No. 2010-67, § 1, 12-7-10)

A.

Any person who intentionally or negligently violates any provision of this chapter shall be liable in a civil action brought by the District Attorney or by a person residing within the jurisdiction for an amount not more than three times the amount the person failed to report properly or unlawfully contributed, expended, gave or received or five thousand dollars ($5,000.00) per violation, whichever is greater.

B.

If two or more persons are responsible for any violation, they shall be jointly and severally liable.

C.

Any person, other than the District Attorney, before filing a civil action pursuant to this subsection, shall first file with the District Attorney a written request for the District Attorney to commence the action. The request shall contain a statement of the grounds for believing a cause of action exists. The District Attorney, within thirty (30) days of receipt of the request, shall conduct an initial inquiry into the merits of the complaint. If

the District Attorney determines in good faith that additional time is needed to examine the matter further, the complaining party shall be notified and the District Attorney shall automatically receive an additional sixty (60) days in order to determine the merits of the complaint. At the end of sixty (60) days the District Attorney shall inform the complaining party whether the District Attorney intends to file a civil action or is conducting a criminal investigation. If the District Attorney indicates in the affirmative and files a civil action or criminal charges within thirty (30) days thereafter, no other action may be brought unless the action brought by the District Attorney is dismissed without prejudice.

D.

In determining the amount of liability, the court may take into account the seriousness of the violation and the degree of culpability of the defendant. If a judgment is entered against the defendant or defendants in an action, the plaintiff shall receive fifty (50) percent of the amount recovered. The remaining fifty (50) percent shall be deposited into the county's general fund, in an action brought by the District Attorney, the entire amount shall be paid to the general fund.

(Ord. No. 2010-67, § 1, 12-7-10)

Any person residing in the jurisdiction, including the District Attorney, may sue for injunctive relief to enjoin violations or to compel compliance with the provisions of this chapter.

(Ord. No. 2010-67, § 1, 12-7-10)

The court may award to a plaintiff, other than an agency, who prevails in any action authorized by this chapter, his or her costs of litigation.

(Ord. No. 2010-67, § 1, 12-7-10)

Civil actions and/or criminal prosecutions for violations of any provision of this chapter shall be commenced within four years after the date on which the violation occurred.

(Ord. No. 2010-67, § 1, 12-7-10)

Nothing in this chapter shall exempt any person from applicable provisions of any other laws of this state or jurisdiction.

(Ord. No. 2010-67, § 1, 12-7-10)

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

such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this extent the provisions of this chapter are severable.

(Ord. No. 2010-67, § 1, 12-7-10)

This chapter should be liberally construed to accomplish its purposes.

(Ord. No. 2010-67, § 1, 12-7-10)

The registrar of voters shall provide each candidate for county office and county officer appointed to an office which is normally elective with a copy of this chapter as well as copies of any subsequent amendments. Each candidate for county office and county officer appointed to an office which is normally elective will be required to sign a form prepared by the registrar of voters acknowledging receipt of a copy of this chapter and any subsequent amendments.

(Ord. No. 2010-67, § 1, 12-7-10)