Monterey County Municipal Code Ch. 1.10 Local Political Campaign Disclosure

A. This Chapter is enacted in accordance with the terms of Section 7 of Article XI of the Constitution of the State of California and is intended to supplement the provisions of Title 9 of the California Government Code (Sections 81000 et seq.), the "Political Reform Act." No part of this Chapter shall be interpreted in such a manner as to conflict with state law.

B. For the purpose of this Chapter, the following words shall have the meaning respectively ascribed to them in this Subsection:

"Candidate for elected office" means each person who is required to file campaign statements for elected office, as defined in this Subsection, pursuant to the Political Reform Act.

"Elected office" means County Supervisor, District Attorney, Sheriff, Auditor-Controller, Assessor-Clerk, Treasurer, and Superintendent of Schools.

"Election cycle" means the period of time between the date one hundred eighty (180) days immediately prior to a primary or special election and the date thirty (30) days after the regular election or special election.

"Political Reform Act" means Title 9 of the California Government Code (Sections 81000 et seq.) as may be amended from time to time.

"Registrar of Voters" means the Registrar of Voters of Monterey County.

(Ord. 5030 § 1 (part), 2006: Ord. 3935, 1997)

(Ord. No. 5288, § 1, 10-3-2017)

Each candidate for elected office, each committee supporting or opposing a candidate for elected office, and each committee supporting or opposing a County-wide ballot measure shall file all campaign statements, reports, or other documents required pursuant to the Political Reform Act. Said filing shall conform to the filing requirements of this chapter in addition to any other requirements of State law.

(Ord. 5030 § 1 (part), 2006: Ord. 3935, 1997)

(Ord. No. 5288, § 2, 10-3-2017)

A. The Board of Supervisors hereby authorizes the Registrar of Voters to use and implement an online or electronic filing system in accordance with California Government Code Section 84615.

B. The Board of Supervisors finds that the Registrar of Voters' online filing system will operate securely and effectively and will not unduly burden filers.

C. Each elected officer, candidate, committee, or other person who is required to file statements, reports, or other documents required by Chapter 4 (commencing with Section 84100) of the California Government Code, except an elected officer, candidate, committee, or other person who receives contributions totaling less than one thousand dollars ($1,000.00) and makes expenditures totaling less than one thousand dollars ($1,000.00) in a calendar year, must file those statements, reports, or other documents online or electronically with the Registrar of Voters. This requirement applies only to elected officers, candidates, committees, or other persons for whom the Registrar of Voters is the filing officer. Notwithstanding any other provision of law, any statement, report, or other document filed electronically pursuant to this section shall not be required to be filed with the Registrar of Voters in paper format.

D. In any instance in which the original campaign statement, report, or other document is required to be filed with the Secretary of State and a copy of that statement, report, or other document is required to be filed with the County, such copy may, at the option of the filer, be filed locally electronically using the Registrar of Voters' online filing system.

E. The Registrar of Voters shall maintain, for a period of at least ten (10) years or for a period longer than ten (10) years if required by State law, a secured, official version of each electronic statement, report, or other document filed pursuant to this section, which shall serve as the official version of that record for purpose of audits and any other legal purpose. Data that has been maintained for at least the required period, which shall be at least ten (10) years or longer if required by State law, may then be archived in a secure format.

(Ord. No. 5288, § 3, 10-3-2017)

The Registrar of Voters of Monterey County shall:

A. Supply appropriate forms, manuals, and materials prescribed by the California Fair Political Practices Commission and this Chapter. These forms, manuals, and materials shall be furnished to all candidates and committees, and to all other persons required to report campaign revenues and expenditures pursuant to the Political Reform Act.

B. Determine whether required documents have been filed and, if so, whether such documents conform on their face with the requirements of the Political Reform Act and this Chapter.

C. Notify promptly all known persons and committees who have failed to file a document in the form or at the time required by law. For filings that are due to be filed during the election cycle involving a candidate for public office or a ballot measure, the person or committee shall be allowed to correct any omission on a submitted statement within five business days of the date of notice. For filings that are due to be filed during the period outside of such election cycle, the person or committee shall be allowed to correct any omission on a submitted statement within ten business days of the date of notice. Failure to file any required statement shall be immediately reported to the Enforcement Authority.

D. Promptly report apparent violations of this Chapter or the Political Reform Act to the Enforcement Authority.

E. Compile and maintain a current list of all campaign statements or parts of statements filed with the Registrar of Voters.

F. Cooperate with the Enforcement Authority in the performance of the duties of the Enforcement Authority as prescribed in this Chapter and the Political Reform Act. Such cooperation may include, but is not limited to, publishing notice of violations in newspapers of general circulation in the County in such form as may be approved by the Enforcement Authority.

G. Make the information contained in each campaign statement of a candidate for elected office or a committee regulated pursuant to this Chapter available for public review over the Internet.

H. Describe the availability of campaign disclosure statements in voter statements involving County elections.

(Ord. 5030 § 1 (part), 2006: Ord. 3935, 1997)

A. The Enforcement Authority shall be the District Attorney of the County of Monterey for all elections to elected offices, except the office of the District Attorney, and all committees. The Enforcement Authority for elections involving the office of the District Attorney shall be the County Counsel. Nothing in this Chapter shall be construed as limiting the authority of any law enforcement agency, prosecuting attorney, or other person to enforce the provisions of this Chapter under any circumstances where such law enforcement agency, prosecuting attorney, or other person has lawful authority to do so. The Registrar of Voters is also authorized to refer any complaint or allegation of violation of this Chapter or the Political Reform Act to the Fair Political Practices Commission, the State's Attorney General, or such other officer or agency with authority to enforce the provisions of State or County laws.

B. Whenever the Enforcement Authority has reason to believe a violation of the Political Reform Act or this Chapter has occurred or is about to occur with regard to elections held in the County of Monterey, the Enforcement Authority may institute such legal action as the Enforcement Authority deems necessary, including but not limited to, the following: criminal action, or civil action in the name of the County of Monterey for damages or money due and owing, injunctive relief, or declaratory relief.

C. The Enforcement Authority shall have such investigative powers as are necessary for the performance of the duties prescribed in this Chapter, and may, as provided by the Political Reform Act, demand and be furnished records of campaign contributions and expenses at any time.

D. Penalties for violation of the provisions of this Chapter shall be punished in the manner and to the extent provided under State law.

(Ord. 5030 § 1 (part), 2006: Ord. 3935, 1997)