Long Beach Municipal Code Div. III Referenda and Initiative

In addition to the requirements set forth in the California Elections Code, any petition for a measure shall contain in twenty-four (24) point type, prior to that portion of the petition for voters' signatures, printed names and residence addresses, the following language:

A. If the petition is circulated by a paid circulator the phrase "PAID CIRCULATOR" shall appear in 24-point type above the following language which shall appear in 12-point type:

NOTICE TO THE PUBLIC

THIS PETITION IS BEING CIRCULATED BY A PERSON WHO IS BEING PAID TO COLLECT SIGNATURES.

B. If the petition is being circulated by a volunteer the phrase "VOLUNTEER CIRCULATOR" shall appear in 24-point type above the following language which shall appear in 12-point type:

NOTICE TO THE PUBLIC

THIS PETITION IS BEING CIRCULATED BY A VOLUNTEER.

C. "Paid circulator", for the purpose of circulating a petition, means a person who is compensated in any manner for collecting petition signatures to qualify a measure.

D. "Volunteer", for the purpose of circulating a petition, means a person who is not a paid circulator.

(ORD-23-0049 § 2(Exh. A), 2023)

The Council prescribes the same procedure for the submission by it to the voters of any proposed ordinance, order or resolution, pursuant to the City Charter, as is prescribed in Section 8 of Article XI of the State Constitution with reference to the submission of proposed amendments to a City Charter submitted by a Council on its own motion.

(ORD-23-0049 § 2(Exh. A), 2023)

Any person submitting a request for ballot title and summary with the City shall pay a filing fee set by resolution of the City Council.

(ORD-23-0049 § 2(Exh. A), 2023)

The purpose of this Subdivision is to regulate contributions provided to committees for the support or defeat or initiatives or referenda. This Subdivision is not intended to apply to committees of officeholders or candidates running for elective office of the City.

(ORD-23-0049 § 2(Exh. A), 2023)

The words set forth in this Section shall have the following meaning when used in this Subdivision:

A. "Committee" means any person or combination of persons that directly or indirectly receives contributions which total more than two hundred fifty dollars ($250.00) in a calendar year or makes expenditures exceeding more than two hundred fifty dollars ($250.00) in a calendar year for the purpose of influencing or attempting to influence the action of voters for or against the passage or defeat of any measure. "Committee" shall not include committees controlled directly or indirectly by an officeholder or a candidate running for elective office of the City.

B. "Expenditure" means a payment, pledge or promise of payment of money or anything of value or other obligation, whether or not legally enforceable, for goods, materials, services or facilities in aid of or in opposition to the qualification for the ballot or adoption of one (1) or more measures. The term "expenditure" includes any transfer, payment, gift, loan, advance, deposit, pledge, contract, agreement or promise of money or anything of value or other obligation, whether or not legally enforceable, made directly or indirectly by one committee to another committee. "Expenditure" also includes the forgiving of a loan or the repayment of a loan by a third party.

C. "Period covered" by a statement or report required to be filed by this Subdivision means, unless a different period is specified, the period beginning with the day after the closing date of the most recent statement or report in question.

(ORD-23-0049 § 2(Exh. A), 2023)

A. Every committee shall file with the City Clerk a statement of organization on a form established by the City Clerk within three (3) days after it is formed as a committee.

B. The date which a committee formed, and not the date on which the committee filed its statement of organization, shall determine the committee's obligation to file the campaign statements required by this Subdivision.

(ORD-23-0049 § 2(Exh. A), 2023)

Subsequent to the filing of the statement of organization, each committee shall file campaign statements on the following dates:

A. On January 31 (for the period October 1 to December 31), April 30 (for the period January 1 to March 31), July 31 (for the period April 1 to June 30) and October 31 (for the period July 1 to September 30) each year.

B. Within ninety (90) days of the election:

1. Ninety (90) days prior to the election (for the period from the last reporting period set forth in Subsection A. of this Section to ninety-seven (97) days prior to the election);

2. Seventy-five (75) days prior to the election (for the period from ninety-six (96) to eighty-two (82) days prior to the election);

3. Sixty (60) days prior to the election (for the period from eighty-one (81) to sixty-five (65) days prior to the election);

4. Forty-five (45) days prior to the election (for the period from sixty-four (64) to fifty-two (52) days prior to the election);

5. Thirty (30) days prior to the election (for the period fifty-one (51) to thirty-seven (37) days prior to the election);

6. Fifteen (15) days prior to the election (for the period thirty-six (36) to twenty-two (22) days prior to the election);

7. Five (5) days prior to the election (for the period twenty-one (21) to twelve (12) days prior to the election);

8. Seven (7) days after the election (for the period eleven (11) days prior to the election through the election date); and

9. Whenever any committee is required by this Subdivision to file a campaign statement with the City Clerk department, the committee shall file at the same time a copy of the statement in electronic format as prescribed by the City Clerk.

C. In the event that any campaign statement that a committee is required to file by this Section falls within seven (7) calendar days of any campaign statement that a committee is required to file by Government Code Section 84200 et seq., the City Clerk shall have the authority to move the City deadline in order to consolidate it with the State deadline and to adjust the periods covered by the City statement accordingly.

(ORD-23-0049 § 2(Exh. A), 2023)

Each campaign statement filed pursuant to this Subdivision shall contain the information set forth in California Government Code Section 84211, and shall be filed under penalty of perjury with the City Clerk on a Form 460 ("Recipient Committee Campaign Statement"), published by the California Fair Political Practices Commission.

(ORD-23-0049 § 2(Exh. A), 2023)

Each committee shall report any contribution of one thousand dollars ($1,000.00) or more to the City Clerk within twenty-four (24) hours of receipt. Such reports shall contain the full name, street address, occupation and the name of employer, if any, or principal place of business if self-employed, of the contributor. Such reports may be by any written means of communication, and do not require an original signature.

(ORD-23-0049 § 2(Exh. A), 2023)

A. Each committee who files any report or campaign statement required by this Subdivision after the deadlines imposed by this Subdivision, shall be liable for the penalties enumerated in California Government Code Section 91013.

B. Any person violating any of the provisions of this Subdivision shall be subject to the penalties imposed pursuant to Long Beach Municipal Code Sections 2.01.1110 and 2.01.1120.

(ORD-23-0049 § 2(Exh. A), 2023)