El Segundo Municipal Code Ch. 9 Campaign Contributions and Disclosures

The California political reform act 1 imposes a number of requirements upon persons supporting or opposing candidates and ballot measures. Among other things, the political reform act generally restricts anonymous contributions and requires disclosure for mass mailings. Under Government Code sections 81013 and 85703 the city may impose more restrictive regulations for local elections. Accordingly, this chapter is added to this code to further the public's compelling interest for full disclosure in local elections in order to better inform the electorate and prevent political corruption. Nothing contained in this chapter is intended, nor should it be construed, to supplant the political reform act's requirements, or its regulations; this chapter is intended only to supplement the political reform act as to local elections. (Ord. 1341, 11-7-2001)

Except as otherwise stated below, the words and phrases used in this chapter generally have the same meanings as in the California Elections Code, the political reform act, and those regulations promulgated by the fair political practices commission. In addition, unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter:

CAMPAIGN LITERATURE: Unsolicited circulars, pamphlets, letters, posters, political signs, or other reproduced matter referring to an election, candidate, or any ballot measure. Campaign literature does not include other campaign paraphernalia such as, without limitation, pencils, buttons, or similar items.

CONTRIBUTION: A payment, loans and extensions of credit (other than those made by financial institutions), a payment of a loan from a financial institution 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. An expenditure made at a candidate's, committee's, or elected officer's direction is a contribution to the candidate, committee, or elected officer, unless full and adequate consideration is received for making the expenditure.

A. "Contribution" includes purchasing tickets for events such as dinners, luncheons, rallies, and similar fundraising events; granting discounts or rebates not extended to the public generally or granting discounts or rebates by television and radio stations and newspapers not extended on an equal basis to all candidates for the same office; and paying 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.

B. "Contribution" also includes any transfer of anything of value received by a committee from another committee. The term does not include amounts received under an enforceable promise to the extent such amounts were previously reported as a contribution. However, these amounts will be reported in the appropriate campaign statement.

C. "Contribution" does not include 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 will be directly or indirectly repaid to him.

D. In accordance with Buckley v. Valeo (1976) 424 U.S. 1, a candidate's direct contribution to his or her campaign is not regulated by this chapter.

PERSON: An individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, association, controlled committee, or committee. (Ord. 1420, 9-2-2008)

It is unlawful for any person to make, and any candidate, controlled committee, or committee to solicit or accept, any anonymous contribution in a local election. (Ord. 1420, 9-2-2008; amd. Ord. 1628, 8-17-2021)

Candidates, elected officers, controlled committees, and committees must comply with Government Code section 84211 regarding all persons contributing one hundred dollars ($100.00) or more to a campaign for a local election. In addition, candidates, elected officers, controlled committees, and committees must list the zone improvement plan ("ZIP") code assigned by the United States postal service for the business or residential postal address of persons making contributions of less than one hundred dollars ($100.00) during a campaign for a local election. (Ord. 1384, 4-5-2005)

A. It is unlawful for any person, candidate, or committee to send any unsolicited piece of mail supporting or opposing any candidate or ballot measure in a local election that does not comply with the requirements of Government Code section 84305 or, if a slate mailer, Government Code section 84305.5.

B. In addition to the requirements of Government Code section 84305 or, if applicable, Government Code section 84305.5, campaign literature including, without limitation, mailers, must include the name and telephone number of any person contributing twenty five percent (25%) or more of the cost for producing the campaign literature. The text identifying such persons must conform with the requirements of Government Code section 84305 or, if applicable, Government Code section 84305.5. (Ord. 1420, 9-2-2008)

This chapter will be liberally construed to accomplish its purpose. (Ord. 1341, 11-7-2001)

A final preelection filing of updated versions of all documents required by the political reform act and this chapter will be filed by candidates and committees and received by the city clerk by twelve o'clock (12:00) noon on the final Friday before the election and will reflect all actual and anticipated expenditures and contributions through the date of the election. (Ord. 1384, 4-5-2005)

The means of enforcing this chapter, and the penalties for violating it, are set forth in the political reform act which will apply to this chapter and are mandatory. In addition to any other penalty, the court may award a prevailing party costs of litigation, including reasonable attorney fees. (Ord. 1341, 11-7-2001)