Newark Municipal Code § 2.11.010 Title, purpose, and intent

Footnotes:

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Editor's note— Ord. No. 565, § 3(Exh. A), adopted May 28, 2026, repealed Ch. 2.11 and enacted a new Ch. 2.11 as set out herein and as may later be amended. Former Ch. 2.11 pertained to election campaigns and derived from Ord. 333, adopted 1997; Ord. 421 adopted 2007.

It is the purpose and intent of the city council in enacting this chapter to minimize the potential for undue influence by individual or groups on the mayor and council members by placing realistic limits on the amount of money that individuals or groups may contribute to political campaigns in municipal elections while providing for a level of discussion of public issues adequate for a meaningful election campaign; to insure and promote integrity, honesty and fairness in decisions of public policy; to provide for a campaign contribution and expenditure reporting process that will inform the public; to enhance the opportunity for challengers to be competitive with incumbents.

In seeking to establish such limitations on campaign contributions, it is the intent of the city council to promote a broader and more open participation by all citizens in the electoral process. It is not intended that such limitations should act to deprive or restrict any citizen of their rights guaranteed under the First and Fourteenth Amendments of the United States Constitution.

In addition, these provisions are intended to supplement the provisions contained in the Political Reform Act of 1974 (Title 9 of the California Government Code).

(Ord. No. 565, § 3(Exh. A), 5-28-2026)

Candidates shall be required to acknowledge in writing receipt of copy of the ordinance codified in this chapter; however, refusal or failure to sign or otherwise acknowledge receipt of the ordinance codified in this chapter shall not affect the applicability or enforceability of this chapter to said candidate.

(Ord. No. 565, § 3(Exh. A), 5-28-2026)

Unless the term is specifically defined in this chapter or the contrary is stated or clearly appears from the context, the definitions set forth in the Political Reform Act of 1974 (Government Code Sections 81000 et seq.) shall govern the interpretation of this chapter.

(Ord. No. 565, § 3(Exh. A), 5-28-2026)

A. For each general municipal election, held in November of even numbered years to elect two full four-year-term Council Members, and one full two-year-term Mayor, the election period means the period beginning on January 1st or after the previous general municipal election for the affected office and ending on December 31st after the next following (and current) general municipal election for the affected office.

B. For each special municipal election, held to fill a vacancy in the office of the mayor or council member, the election period means the period beginning on the day the vacancy in the office began and ending on the sixtieth day following the special municipal election, provided that for any candidate at the special election who had established, prior to the vacancy, a committee for the election to the affected office of mayor or council member, the election period means a period beginning on January 1st after the previous general municipal election for the affected office.

(Ord. No. 565, § 3(Exh. A), 5-28-2026)

A. No person shall make a contribution to any candidate or the controlled committee of such a candidate, and no candidate or the candidate's controlled committee shall accept from each such person a contribution or contributions totaling more than eight hundred dollars for any election period.

B. The candidate's own money or property used in the furtherance of the candidate's campaign shall not be subject to the contribution limits of this chapter.

(Ord. No. 565, § 3(Exh. A), 5-28-2026)

For the purpose of the contribution limitations in Section 2.11.030, contributions from persons shall be aggregated as follows:

A. If the same person or a majority of the same persons in fact directs and controls the decisions of two or more entities to make contributions to support or oppose a candidate or candidates for elective office, those affiliated entities shall be considered one person.

B. Business entities in a parent-subsidiary relationship and business entities with the same controlling (more than fifty percent) owner shall be considered one person, unless the business entities act completely independently in their decisions to make contributions to support or oppose candidates for elective office.

C. Nothing in this section shall be construed as to limit the right of individuals in joint tenancy of a savings or checking account from each making a contribution to a campaign in accordance with the limitations of this chapter.

(Ord. No. 565, § 3(Exh. A), 5-28-2026)

A. Every loan to a candidate or committee shall be by written agreement and shall be filed with the candidate's or controlled committee's campaign statement on which the loan is first reported.

B. Loans shall not be subject to the contribution limitations of this chapter.

C. Failure to repay a loan within one year of the election date shall cause the loan to be considered a contribution and to the extent such contribution exceeds the contribution limitation established in Section 2.11.030 it shall be a violation of this chapter and subject to the enforcement provisions of Chapter 1.16.

D. Debts owed by a candidate or committee to a vendor for goods or services rendered shall be considered campaign contributions for the purposes of this chapter if such debts are not repaid within one year following the election, unless the vendor has made a good faith effort to collect. A good faith effort shall consist of contracting with a collection agency for action, or the filing of a legal action to collect. To the extent such contribution exceeds the contribution limitation established in Section 2.11.030 it shall be a violation of this chapter, and subject to the enforcement provisions of Chapter 1.16.

(Ord. No. 565, § 3(Exh. A), 5-28-2026)

Notwithstanding Section 2.11.050, a candidate may continue a controlled committee from a previous election period for the sole purpose of receiving contributions for the retirement of campaign debt from the previous election. Contributions to said committee shall be subject to all the limitations of this chapter and shall be cumulated to the previous election period for purpose of the limits established in Sections 2.11.020 and 2.11.030.

(Ord. No. 565, § 3(Exh. A), 5-28-2026)

The intended recipient of any contribution which would cause the total amount of contributions to a committee from a single donor to exceed eight hundred dollars shall, within forty-eight hours of the candidate or committee having actual knowledge of such excess contribution, return any such excess to the donor.

(Ord. No. 565, § 3(Exh. A), 5-28-2026)