Huntington Beach Municipal Code Ch. 2.06 Campaign Documents

The City Council finds and declares as follows:

A. Elections are susceptible to the dissemination of campaign literature known as "hit pieces." These documents are sent to voters in the later stages of a campaign, typically contain personal attacks on candidates or the proponents/opponents of measures and frequently misrepresent a candidate's position on issues or the true impact of a measure.

B. Prompt public disclosure of the contents of last-minute campaign documents including hit pieces will allow for the discussion of important issues and the conduct of fair elections by: (1) offering the candidate attacked an opportunity to accurately represent his or her position on issues; (2) offering opponents or proponents the opportunity to respond to statements about a measure that are untrue or believed to be untrue; and (3) providing an opportunity for a candidate, proponent or opponent to disavow the contents of any campaign document that he or she believes represents an unfair, untrue or improper attack on any person.

C. The requirement for prompt disclosure of last-minute campaign documents is content neutral, serves compelling municipal interests in fair elections and full discussions of relevant issues, and is the least intrusive method available to further these interests.

(3978-6/13)

For the purposes of this chapter, the following terms shall have the meaning specified in this section:

"Campaign document"

means any writing or document which supports, opposes or relates to any candidate or measure.

"Candidate"

means any 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 the City of Huntington Beach.

"Distributing" or "distribution"

shall mean mailing via United States mail or passing out any campaign document to any person.

"Measure"

means any initiative, referendum, Charter amendment or other proposition which is listed on the ballot for any general or special municipal election and which is being voted on only in the City of Huntington Beach.

"Person"

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

(3978-6/13)

Any person distributing 1,000 or more substantially similar campaign documents within 30 days of any general or special municipal election shall, within one business day of first distribution, transmit two copies of the campaign document to the City Clerk for the City of Huntington Beach.

(3978-6/13)

Campaign documents filed with the City Clerk shall be a matter of public record. The City Clerk shall make available, upon the request of any person appearing at the office of the City Clerk during normal business hours, a copy of campaign documents filed with the City Clerk.

(3978-6/13)

Any violation of this chapter shall be punishable by:

A. Administrative Citation. Violation of this chapter is subject to the issuance of an administrative citation under the provisions of Chapter 1.18 of this Code. An operator may be cited for violations occurring on the premises in their presence or for knowingly permitting violations of this chapter.

B. Civil Action. The City Attorney may institute an action in any court of competent jurisdiction, including an action to abate a nuisance, to restrain, enjoin, or abate the condition(s) found to be in violation of the provisions of this chapter, as provided by law.

C. It shall be a violation of this chapter for any principal, including but not limited to any operator, to permit, procure, counsel or assist any agent of that principal, including but not limited to an employee or independent contractor, to violate any provision of this chapter.

(3978-6/13)