Beverly Hills Municipal Code Ch. 8 City Election Campaigns; Contribution Limits, Voluntary Expenditure Limit…

The purposes of this chapter are:

A. To eliminate the possibility of corruption or the appearance of corruption in local elections, arising as a result of disproportionately large political contributions, by adopting the least restrictive limits possible on the amounts of money any person may contribute or otherwise cause to be available to candidates for the city council and city treasurer and those who support or oppose such candidates;

B. To eliminate the need for candidates and their supporters and opponents to seek large campaign contributions by establishing a realistic voluntary expenditure ceiling for campaigns;

C. To promote informed actions by the electors of the city by requiring the full and truthful disclosure of contributions and expenditures in election campaigns and city ballot measure campaigns;

D. To inhibit improper or illegal campaign activity, and to ensure vigorous enforcement of this chapter; and

E. Pursuant to California Government Code section 81013 and Elections Code section 10202, to impose contribution limitations and other regulations in addition to those imposed by state law, but that do not prevent any person from complying with state law. (1988 Code; amd. Ord. 10-O-2594, eff. 11-4-2010)

The definitions set forth in the California political reform act, as amended (Government Code section 81000 et seq.), and the regulations promulgated pursuant thereto, shall govern the interpretation of this chapter except as to those terms defined below:

ADVERTISEMENT: Shall have the same meaning as set forth in Government Code section 84501.

BALLOT MEASURE COMMITTEE: Any person or combination of persons who directly or indirectly does any of the following in connection with supporting or opposing a city ballot measure:

A. Receives contributions totaling one thousand dollars ($1,000.00) or more in a calendar year;

B. Makes independent expenditures totaling one thousand dollars ($1,000.00) or more in a calendar year; or

C. Qualifies, or has previously qualified, as a committee under applicable state law.

A person or combination of persons that becomes a ballot measure committee shall retain its status as a ballot measure committee until such time as that status is terminated pursuant to Government Code section 84214 or any successor statute.

CANDIDATE: An individual who is listed on the ballot or who has qualified to have write in votes on his or her behalf counted by election officials for nomination or election to the city council or the office of city treasurer, or who receives a contribution or makes an expenditure or gives his or her consent for any other person to receive a contribution or make an expenditure with a view to bringing about his or her nomination or election to the city council or to the office of city treasurer, whether or not the specific city office for which he or she will seek nomination or election is known at the time the contribution is received or the expenditure is made and whether or not he or she has announced his or her candidacy or filed a declaration of candidacy at such time. Notwithstanding the above, "candidate" does not include a replacement candidate or a target officer. An individual who becomes a candidate shall retain his or her status as a candidate until such time as that status is terminated pursuant to section 84214 of the California Government Code. "Candidate" does not include any person within the meaning of section 301(b) of the federal election campaign act of 1971.

CITY BALLOT MEASURE: Any initiative, referendum or city council sponsored measure that is submitted solely to the voters of the city of Beverly Hills.

COMMITTEE: Any person or combination of persons who directly or indirectly do any of the following in connection with supporting or opposing a candidate or candidates for city council or city treasurer:

A. Receive contributions totaling one thousand dollars ($1,000.00) or more in a calendar year.

B. Make independent expenditures totaling one thousand dollars ($1,000.00) or more in a calendar year.

C. Make contributions totaling ten thousand dollars ($10,000.00) or more in a calendar year.

A person or combination of persons that becomes a committee shall retain its status as a committee until such time as that status is terminated pursuant to California Government Code section 84214.

CONTRIBUTION: A. A payment, a forgiveness of a loan or debt, a payment of a loan or debt by a third party, or an enforceable promise to make a payment except to the extent that full and adequate consideration is received, unless it is clear from the surrounding circumstances that it is not made for political purposes. Any expenditure made at the behest of a candidate, committee or elected officer is a contribution to the candidate, committee or elected officer unless full and adequate consideration is received for making the expenditure. The term "contribution" includes: 1) the purchase of tickets for events such as dinners, luncheons, rallies and similar fundraising events; 2) the candidate's own money or property used on behalf of his or her candidacy; 3) the granting of discounts or rebates not extended to the public generally or the granting of discounts or rebates by television and radio stations and newspapers not extended on an equal basis to all candidates for the same office; 4) the payment of compensation by any person for the personal services or expenses of any other person if such services are rendered or expenses incurred on behalf of a candidate or committee without payment of full and adequate consideration; 5) any transfer of anything of value received by a committee from another person, unless full and adequate consideration is received; 6) any loan or any extension of credit in excess of thirty (30) days, except as provided below, from the maker and/or guarantor of the loan or extension of credit.

B. The term "contribution" does not include: 1) amounts received pursuant to an enforceable promise to the extent such amounts have been previously reported as a contribution and otherwise comply with the limits of this chapter. However, the fact that such amounts have been received shall be indicated in the appropriate campaign statement; 2) a payment made by an occupant of a home or office for costs related to any meeting or fundraising event held in the occupant's home or office if the costs for the meeting or fundraising event are five hundred dollars ($500.00) or less; 3) volunteer personal services or payments made by any individual for his or her own travel expenses if such payments are made voluntarily without any understanding or agreement that they shall be, directly or indirectly, repaid to him or her; 4) the proceeds of a loan made to a candidate by a commercial lending institution in the regular course of business on the same terms available to members of the public, which is not guaranteed by any other party, and for which a written agreement has been executed and filed with the candidate's first campaign statement due after the date the loan is made; 5) an independent expenditure as defined by Government Code section 82031 or any successor statute.

C. A contribution shall not be considered to have been received or accepted if it is not negotiated, deposited, or utilized, and in addition it is returned to the donor within fourteen (14) days of receipt of the closing date for the next campaign report, whichever is earlier.

CUMULATIVE CONTRIBUTIONS: The cumulative amount of contributions received by a committee beginning twelve (12) months before the date of expenditure and ending seven (7) days before the time advertisements are sent to the printer or broadcaster.

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

POLITICAL REFORM ACT: Title 9 of the Government Code, section 81000 et seq., as it now exists or may be amended.

QUALIFYING PAYMENT: Any payment, binding promise to pay, contribution, expenditure or independent expenditure of two hundred fifty dollars ($250.00) or more made by a ballot measure committee for an advertisement to support or oppose a city ballot measure. All payments to the same payee in a calendar year shall be aggregated for the purpose of determining the two hundred fifty dollar ($250.00) threshold.

RECALL ELECTION: An election conducted pursuant to division 11 of the Elections Code. For purposes of this chapter, a recall election begins when a member of the city council or the city treasurer is served with a notice of intention to circulate a recall petition pursuant to section 11021 of the Elections Code and a recall election ends when any of the following occurs: a) the city clerk finds that the notice of intention to circulate a recall petition for the target officer fails to meet the requirements of sections 11020-24 of the Elections Code; b) the proponents of the recall of the target officer fail to file a valid recall petition within the deadlines required by section 11042 of the Elections Code; c) the city clerk refuses to accept for filing the recall petition for the target officer pursuant to section 11222 of the Elections Code; d) the city clerk certifies the recall petition for the target officer to be insufficient pursuant to section 11224 or 11225 of the Elections Code; or e) the recall election is held.

REPLACEMENT CANDIDATE: A candidate in a recall election.

TARGET OFFICER: An elected officer who is the subject of a recall election.

TOP CONTRIBUTORS: Shall have the same meaning as set forth in Government Code section 84501 except that the threshold for a top contributor shall be one thousand dollars ($1,000.00) rather than fifty thousand dollars ($50,000.00). (1988 Code; amd. Ord. 08-O-2558, eff. 12-19-2008; Ord. 10-O-2594, eff. 11-4-2010; Ord. 22-O-2857, eff. 2-15-2022)

A. Limits On Contributions By Persons And Committees:

1. Except as provided in this section and section 1-8-4 of this chapter, no person or committee shall make to any candidate, including the controlled committee of such candidate, a contribution in excess of four hundred dollars ($400.00) for any single election at which the candidate is attempting to be, or is, on the ballot. Additionally, no candidate or candidate's controlled committee shall solicit or accept any contribution that will cause the amount contributed by the contributor to the candidate or the candidate's controlled committee to exceed four hundred dollars ($400.00) for any single election at which the candidate is attempting to be, or is, on the ballot.

2. Notwithstanding subsection A.1 of this section, if a candidate accepts the voluntary expenditure ceiling established by section 1-8-4 of this chapter, no person or committee shall make to any such candidate, including the controlled committee of such candidate, a contribution in excess of five hundred dollars ($500.00) for any single election at which the candidate is attempting to be, or is, on the ballot. Additionally, no candidate or candidate's controlled committee shall solicit or accept any contribution that will cause the amount contributed by the contributor to the candidate or the candidate's controlled committee to exceed five hundred dollars ($500.00) for any single election at which the candidate is attempting to be, or is, on the ballot.

3. The City Council may, by resolution, adjust the contribution limit established in this subsection A in October of every odd numbered year to reflect any increase or decrease in the California consumer price index since the last such adjustment of the contribution limit. Such adjustments shall be rounded to the nearest ten-dollar ($10.00) amount.

4. The limitations of this subsection A shall not apply to contributions of a candidate's personal funds to his or her controlled campaign committee on behalf of his or her own candidacy and shall apply to contributions from the candidate's spouse.

B. Limitations On Loans: Any loan or extension of credit for a period of more than thirty (30) days, other than loans to the candidate from commercial lending institutions without a guarantor made in the regular course of business on the same terms available to members of the public, shall be considered a contribution from the maker and/or guarantor of the loan or the creditor, and shall be subject to all applicable contribution limits.

C. Assumed Name Contributions: No contribution shall be made, directly or indirectly, by any person or combination of persons acting jointly in a name other than the name by which they are identified for legal purposes, nor in the name of another person or combination of persons. No person shall make a contribution in his or her name of anything belonging to another person or received from another person on the condition that it be used as a contribution. No person shall fully or partially reimburse or advance any contribution made by another person. Upon discovery by a candidate for city council or city treasurer, or by any campaign treasurer or committee, that a contribution has been received in violation of this subsection, the amount received in violation of this subsection shall be promptly paid from available campaign funds to the treasurer of the city for deposit in the general fund of the city, and shall be earmarked to be used for the purpose of defraying any costs incurred by the city in enforcing this chapter, and shall not be used to benefit any candidate or committee.

D. Family Contributions: Contributions by a husband and wife shall be treated as separate contributions and shall not be aggregated. Nothing in this chapter shall prevent a husband and wife from making such separate contributions through the use of one check if: 1) the check is from a joint checking account with the names of both spouses printed on the check, or 2) the check is accompanied by a letter from either spouse indicating that the check is from both spouses. Contributions by children under eighteen (18) years of age shall be treated as contributions by their parents and attributed one-half (½) to each parent or the total amount to a single custodial parent.

E. Aggregation Of Contributions: Contributions shall be aggregated and, hence, treated as though made by the same person, when made by:

1. Entities which share a majority of members on their boards of directors, unless the decision makers responsible for making a contribution in fact act independently in their decisions to make contributions;

2. Entities which share two (2) or more officers, unless the decision makers responsible for making a contribution in fact act independently in their decisions to make contributions;

3. Entities which are in a parent-subsidiary relationship, or where one entity is a branch, division, affiliate, department or local unit of the other;

4. An individual or group of individuals and any legal entity or entities in which the individual or group of individuals own greater than fifty percent (50%) of the voting or other class of stock of the entity, or who receive or are entitled to receive greater than fifty percent (50%) of the profits of the entity.

5. An individual and any other legal entity or entities for which the individual is in fact solely responsible for decisions regarding the making of contributions. (1988 Code; amd. Ord. 06-O-2508, eff. 12-8-2006; Ord. 08-O-2557, eff. 11-5-2008; Ord. 08-O-2558, eff. 12-19-2008; Ord. 10-O-2593, eff. 11-4-2010; Ord. 10-O-2596, eff. 12-17-2010; Ord. 11-O-2604, eff. 2-15-2011; Ord. 14-O-2668, eff. 12-5-2014; Ord. 23-O-2883, 11-17-2023; Ord. 26-O-2930, 1-21-2026, eff. 2-21-2026)

A. A voluntary expenditure ceiling is hereby established for each election for City elective office in the amount of one hundred thousand dollars ($100,000.00). As used in this section, the term "City elective office" shall mean the offices of members of the City Council and City Treasurer. This section shall not apply in recall elections.

B. Prior to accepting any contributions, each candidate for city elective office shall file with the city clerk a statement of acceptance or rejection of the voluntary expenditure ceiling established herein.

C. No candidate for city elective office who accepts the voluntary expenditure ceiling established herein and no controlled campaign committee of such a candidate shall make campaign expenditures cumulatively in excess of the voluntary expenditure ceiling established herein.

D. Each candidate who rejects the voluntary expenditure ceiling established herein shall be subject to the contribution limit set forth in subsection 1-8-3A.1 of this chapter, as the same may be amended from time to time.

E. Each candidate who accepts the voluntary expenditure ceiling established herein shall be subject to the contribution limit set forth in subsection 1-8-3A.2 of this chapter, and not the contribution limit set forth in subsection 1-8-3A.1 of this chapter, as either subsection may be amended from time to time. In addition, each candidate who accepts the voluntary expenditure ceiling established herein shall receive the following benefits administered by the city clerk:

1. Cause to be printed in the sample ballot materials the candidate's statement, at no charge to the candidate;

2. Waive the filing fee for the candidate's statement with the Los Angeles County Registrar's office;

3. Provide notification to the voters that the candidate has accepted the expenditure ceiling established herein and for candidates that have not accepted the voluntary expenditure ceiling, provide notice to the voters that the candidate has not accepted the voluntary expenditure ceiling established herein. Such notification shall be provided on the ballot in the sample ballot and all election materials published by the city that identifies the candidates.

F. Except as provided herein, the provisions of the California political reform acts of 1974 and 1996, California Government Code section 81000 et seq. (collectively, "the acts"), and applicable regulations adopted pursuant thereto, as the same may be amended from time to time, shall govern the interpretation and application of this section. (Ord. 00-O-2360, eff. 12-22-2000; amd. Ord. 02-O-2413, eff. 12-6-2002; Ord. 06-O-2508, eff. 12-8-2006; Ord. 08-O-2557, eff. 11-5-2008; Ord. 08-O-2558, eff. 12-19-2008; Ord. 12-O-2632, eff. 10-21-2012; Ord. 23-O-2883, 11-17-2023; Ord. 26-O-2930, 1-21-2026, eff. 2-21-2026)

A. In addition to the requirements of this chapter, every committee and ballot measure committee, shall comply with the registration and reporting requirements set forth in the political reform act applicable to committees. In addition to other reports required by law, any committee and ballot measure committee that makes a qualifying payment shall, by five thirty o'clock (5:30) of the third day after making the first such qualifying payment, file in the office of the city clerk a letter containing the name and address of the committee, the full street address of the committee, the FPPC/Secretary of State identification number of the committee, the name of the treasurer of the committee, if applicable, the identifying letter or number of the city ballot measure(s) supported or opposed by such qualifying payment and, if applicable the candidate supported or opposed by such qualifying payment. It shall be unlawful for any person or committee to knowingly file or publish any name or street address for a committee that is not the complete and accurate name and/or street address of the committee.

B. In addition to any preelection statement required by the Political Reform Act, every committee and ballot measure committee shall file a preelection statement for the following periods at the following times:

1. For the period ending thirty (30) days before the election, the statement shall be filed not later than twenty five (25) days before the election.

2. For the period ending ten (10) days before the election, the statement shall be filed no later than five (5) days before the election.

Any contribution from any person of more than one thousand dollars ($1,000.00), individually or in the aggregate, that is made less than ten (10) days before the election shall be reported to the city clerk on the next business day following receipt of the contribution.

C. Every advertisement in support of or opposition to any city ballot measure placed by a ballot measure committee, or in an advertisement in support of or in opposition to a city council or city treasurer candidate or candidates placed by a committee, other than a political party committee or a candidate controlled committee, shall comply with the disclosure requirements contained in Article 5, Disclosure in Advertisements, of Chapter 4, Campaign Disclosure, of Title 9, Political Reform, of the Government Code beginning with section 84501 and the accompanying regulations of the Fair Political Practices Commission.

1. For the purposes of this subsection C, any reference in the Government Code to "top contributors" shall mean top contributors as defined in this Chapter of the Beverly Hills Municipal Code.

D. Every advertisement in support of or opposition to a city ballot measure or every advertisement in support of or opposition to a city council or city treasurer candidate or candidates placed by a committee, other than a political party committee or a candidate controlled committee, shall include a statement indicating that additional information about contributions to the ballot measure committee or other committee paying for the advertisement is available at www.beverlyhills.org. The statement shall be substantially in the following form: "Funding details at www.beverlyhills.org."

1. This requirement shall be waived for any advertisement that is required to have a similar reference to funding details at the Secretary of State's website.

E. The city clerk shall maintain an online publicly available data base of all reports submitted by the ballot measure committees and other committees to the city clerk.

F. In addition to the other requirements of this section, every advertisement in support of, or opposition to one or more city ballot measures shall contain the official title of the city ballot measure, as provided by the City Attorney pursuant to Elections Code section 9203, and a clearly audible or legible form.

1. If the title of the ballot measure exceeds twenty five (25) words, then the proponent or proponents of the ballot measure may request a shorter title. The City Attorney, within two (2) business days, shall provide a title that does not exceed twenty five (25) words.

2. The shortened ballot title prepared by the City Attorney shall be a true and impartial statement of the purpose of the proposed measure and shall not contain arguments nor be likely to cause prejudice for or against the proposed measure. The shortened ballot title shall be used solely for the purposes of compliance with this section, and the City Attorney's original title and summary shall continue to be used to comply with all requirements of Article 1 of Chapter 3 of Division 9 (commencing with section 9200) of the Elections Code and for all other requirements imposed by state law.

3. A radio advertisement, or other advertisement that is solely audible, of less than forty five (45) seconds shall be exempt from this requirement.

G. A limited liability company that qualifies as a committee or a ballot measure committee shall file a report and amendments to that report with the City Clerk in accordance with the requirements of Government Code section 84109 whenever there is a capital contribution to the limited liability company of one thousand dollars ($1,000.00) or more.

1. The report and amendments to the report shall be filed with the City Clerk by the end of the next business day after receiving a contribution of one thousand dollars ($1,000.00) or more. Provided, however, that any limited liability company that qualifies as a committee or a ballot measure committee and is required to file a report pursuant to California Government Code section 84109 shall also concurrently file the same report with the City Clerk.

H. All disclosures shall conform to the requirements set forth in the Political Reform Act, unless a more stringent requirement is included herein. In that instance, committees shall comply with the applicable requirement in this chapter. (Ord. 10-O-2594, eff. 11-4-2010; Ord. 22-O-2857, eff. 2-15-2022)

A. Recordkeeping: It shall be the duty of each candidate, treasurer, and principal officer of any committee or ballot measure committee to maintain such detailed accounts, records, bills, copies of checks, and receipts that are necessary to prepare the campaign statements required by this chapter and the political reform act. Such records shall be maintained and retained by the filer pursuant to the provisions of the political reform act and regulations promulgated by the fair political practices commission. Persons maintaining such records shall, upon not less than seven (7) days' written notice, make such records available for review and/or audit by a designated representative of the city of Beverly Hills.

B. Audits: For the specific purpose of enforcing the provisions of this chapter only, the city clerk or the city attorney, or their designated representatives, may investigate and audit the records and reports of any candidate, candidate's controlled committee, and any other committee or ballot measure committee. (Ord. 10-O-2594, eff. 11-4-2010)

A. Liability For Violations: In the case of any violations of this chapter by a committee, the treasurer and any principal officers or, in the case of a controlled committee, the candidate, may be liable for violations as provided herein. In the case of any violations of this chapter by a ballot measure committee, the treasurer, any principal officers, and any person primarily responsible for the preparation of any advertisement may be liable for violations as provided herein. If two (2) or more persons are liable for any violation, they shall be jointly and severally liable.

B. Misdemeanor Violations And Fines: Any person or candidate for elective office who knowingly or wilfully violates any provision of section 1-8-3, 1-8-5 or 1-8-6 of this chapter is guilty of a misdemeanor and upon conviction may be punished by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Allegations that such violations have occurred may, in the discretion of the city attorney, be referred to the Los Angeles County district attorney for investigation and prosecution.

C. Civil Injunctive Relief And Civil Penalties: Any person residing in the city may sue in Los Angeles County superior court to enjoin violations of, or to compel compliance with, the provisions of this chapter. Any person who is found by a court of competent jurisdiction in such an action to have intentionally or negligently violated any provision of this chapter may be liable for a civil penalty not to exceed three (3) times the amount in controversy. In determining the amount of a civil penalty, if any, the court shall take into consideration the seriousness of the violation, and the degree of culpability of the defendant. The prevailing party in any such action shall be entitled to seek and be awarded its attorney fees and court costs. Any action for civil injunctive relief and/or civil penalty must be filed within one year of the date of the alleged violation.

D. Remedies For Violation Of Local Voluntary Expenditure Ceiling: The penalties and remedies for violations of section 1-8-4 of this chapter shall also include those set forth in the political reform act. (Ord. 98-O-2317, eff. 1-1-1999; amd. Ord. 10-O-2594, eff. 11-4-2010)