Oakland Municipal Code Art. IV Eligibility for Public Financing

A. Each candidate for District City Council shall file a statement with the Public Ethics Commission on a form approved for such purpose indicating acceptance or rejection of the voluntary expenditure limits pursuant to Subsection 3.15.140 A.

B. Each candidate for district city council shall file with the Public Ethics Commission a statement of acceptance or rejection of public financing on a form approved by the Public Ethics Commission no later than fourteen (14) calendar days after the date the City Clerk has certified the names of candidates to appear on the ballot for the election in which public financing will be sought. The statement of acceptance or rejection of public financing shall advise and require that the candidate's decision to reject public financing is irrevocable for the election in which his or her name appears on the ballot. The failure to timely file a statement of acceptance or rejection of public financing shall constitute a rejection of public financing.

C. If a candidate declines to accept the voluntary expenditure limits prescribed in Subsection 3.15.140 A., the candidate shall not be eligible for public financing.

D. If a candidate agrees to accept the voluntary expenditure limits prescribed in Subsection 3.15.140 A., the candidate shall be eligible for public financing upon meeting the qualification requirements as provided in this Act.

E. If a candidate declines to accept voluntary expenditure limits and receives contributions or makes qualified campaign expenditures equal to fifty percent (50%) or more of the voluntary expenditure limit, or if any person makes one (1) or more independent expenditures totaling more than thirty thousand dollars ($30,000.00) on a District City Council election, the applicable voluntary expenditure limit shall no longer be binding on any candidate running for the same office.

F. In the event voluntary expenditure limits are lifted pursuant to Subsection E., a candidate who accepted the voluntary expenditure limits shall be permitted to receive public financing but shall no longer be subject to the voluntary expenditure limits.

(Ord. No. 13767, Art. I, 11-7-2023)

A candidate shall be approved to receive public financing if the candidate meets all of the following requirements:

A. The candidate has filed a timely statement of acceptance of the voluntary expenditure limits and acceptance of public financing.

B. The candidate is certified to appear on the ballot for the election for which public financing is sought.

C. The candidate has (1) received contributions in an aggregate amount of at least five percent (5%) of the expenditure limit for the office being sought from contributors whose principal residence or whose primary place of doing business is located within the City and which residence or business address appears on the written instrument used to make the contribution, and (2) made qualified campaign expenditures in an aggregate amount of at least five percent (5%) of the expenditure limit for the office being sought. Contributions from the candidate's own funds shall not be counted towards meeting this five percent (5%) requirement. The candidate shall provide copies of the contribution checks received and records of payments made to meet the five percent (5%) eligibility requirements.

D. The candidate is opposed by another candidate for the same office.

E. The candidate agrees to all conditions and requirements of this Act and to submit to any reasonable audit deemed appropriate by the Public Ethics Commission or other civil authorities.

F. The candidate or his or her campaign treasurer or designee attends a training program conducted or sponsored by the Public Ethics Commission.

G. The candidate has filed, and completely and accurately executed, all pre-election campaign statements that are due at the time public financing is payable. All candidates receiving public financing shall timely file, and completely and accurately execute, all post-election campaign statements for each election in which they received public financing.

H. The candidate attests that he or she will personally participate in at least one (1) public debate or forum. Only public debates or forums to which all other candidates accepting public financing for the office sought by the candidate are invited to participate shall be counted for the purposes of this Section. Within five (5) days of the candidate's participation in a qualifying public debate or forum, the candidate shall notify the Public Ethics Commission, in writing, of his or her participation in the debate or forum.

(Ord. No. 13767, Art. I, 11-7-2023)

A candidate who accepts public financing shall not receive contributions or loans from the candidate's own funds which aggregate total exceeds nineteen thousand dollars ($19,000.00) for the office being sought. If the voluntary expenditure limits for the office being sought are lifted, this provision shall not apply.

(Ord. No. 13767, Art. I, 11-7-2023)