Oakland Municipal Code Art. V Limits and Restrictions

A. In an election cycle, an applicant or certified candidate may not make qualified campaign expenditures, as defined in Oakland Municipal Code Section 3.12.040, in excess of the expenditure limit for the covered office, subject to adjustment under Section 3.15.200, as follows:

1. For Mayor: five hundred thousand dollars ($500,000.00);

2. For City Auditor: two hundred fifty thousand dollars ($250,000.00);

3. For City Attorney: two hundred fifty thousand dollars ($250,000.00);

4. For City Councilmember-at-large: two hundred fifty thousand dollars ($250,000.00);

5. For District City Councilmember: one hundred fifty thousand dollars ($150,000.00);

6. For School Board Director: one hundred thousand dollars ($100,000.00).

B. An applicant or certified candidate may petition the Executive Director, via a means developed by the Commission, to release the candidate from the applicable expenditure limit under Subsection A.

C. The Executive Director shall release a candidate from the applicable expenditure limit if the evidence demonstrates, and the Director verifies, that the sum of any of the following amounts exceeds the applicable expenditure limit by any amount:

1. The value of all contributions received by another candidate for the same covered office, plus all Democracy Dollar proceeds disbursed to that candidate to date under Section 3.15.120, plus the value of Democracy Dollars assigned to that candidate but not yet disbursed;

2. The value of independent expenditures opposing the candidate who submitted the petition; and

3. The value of independent expenditures supporting another candidate for the same covered office.

D. If the Executive Director determines that release from the applicable expenditure limit is required for an applicant or certified candidate under Subsection C., the Commission shall continue to disburse Democracy Dollar proceeds to the candidate, pursuant to Section 3.15.120, up to an amount that:

1. Does not exceed the maximum amount of Democracy Dollar proceeds available to the candidate under [Section] 3.15.130; and

2. Does not cause the sum of the total Democracy Dollar proceeds disbursed to the candidate plus the value of all monetary or in-kind contributions received by the candidate to exceed the applicable expenditure limit under Subsection A.

E. Within five (5) business days of the date on which a candidate submits a petition under Subsection B., the Executive Director may do both of the following:

1. Review the petition and determine whether the candidate's release from the applicable expenditure limit is required under Subsection C.;

2. Notify the candidate who submitted the petition and all other candidates for the same covered office of the Executive Director's determination regarding the petition.

F. The Executive Director may review statements filed pursuant to State and local law, including Government Code Section 84204, to determine whether an independent expenditure opposes or supports one (1) or more candidates for a covered office.

G. A candidate who submits a petition under Subsection B. or any other candidate for the same covered office may appeal to the Commission a determination made by the Executive Director under Subsection E. Upon making a final decision on an appeal made under this Subsection, the Commission shall promptly notify the candidate who submitted the petition and all other candidates for the same covered office of its final decision.

(Res. No. 89316, § 2, 7-22-2022)

A. An applicant or certified candidate may not solicit or receive a contribution that exceeds the limits in Subsections 3.12.050 B. and 3.12.060 B. of the Oakland Municipal Code, as applicable.

B. An applicant or certified candidate may not knowingly solicit contributions for a local committee or any other person or entity that has made or will make independent expenditures to support or oppose a candidate for City office.

C. An applicant or certified candidate may not make expenditures from or use the candidate's personal funds or property or the funds or property jointly held with the candidate's spouse, domestic partner, or unemancipated children in connection with the candidate's election, except as a contribution to the candidate's campaign committee in an amount that does not exceed eight (8) percent of the adjusted limits specified in Section 3.15.140 or twenty thousand dollars ($20,000.00), whichever is lower.

(Res. No. 89316, § 2, 7-22-2022)

A. An applicant or certified candidate may use campaign funds, including Democracy Dollar proceeds or contributions, only for making qualified campaign expenditures, as defined in the Oakland Municipal Code.

B. In addition to any other restrictions in State or local law, an applicant or certified candidate may not use campaign funds, including Democracy Dollar proceeds or contributions, for any of the following:

1. Personal use;

2. A payment in violation of any law;

3. A payment of any fine or penalty assessed under State or local law;

4. A payment in connection with any administrative or judicial proceeding;

5. Compensation to the candidate or a family member of the candidate, or a payment to a business in which the candidate or an immediate family member of the candidate has a ten (10) percent or greater ownership interest;

6. A contribution or loan to another candidate or committee;

7. An independent expenditure;

8. A cash payment for any purpose;

9. A gift, except for campaign items of de minimis value such as signs, buttons, or brochures;

10. A payment for goods or services in excess of fair market value;

11. An inaugural expense;

12. A payment to any person to collect Democracy Dollars on behalf of the candidate, except for compensation paid to a regularly employed member of the candidate's campaign staff;

13. Any other use prohibited by the Commission.

(Res. No. 89316, § 2, 7-22-2022)

A. A certified candidate shall return to the Commission, for deposit into the fund, any remaining campaign funds of the candidate up to an amount calculated by multiplying the amount of remaining campaign funds by the percentage that total Democracy Dollars proceeds received by the candidate represents of total monetary contributions and miscellaneous increases to cash received as of the date before the election. Such remaining campaign funds shall be returned to the Commission no later than three (3) months after any of the following:

1. The Executive Director or Commission revokes the candidate's certification in the program under Subsection 3.15.080 F. or H.;

2. The candidate withdraws from the election or dies;

3. The date of the election.

B. For purposes of Subsection A., remaining campaign funds to be returned shall not exceed either the amount of Democracy Dollar proceeds received by the candidate or the total amount of contributions and miscellaneous increases to cash received before election day less the total expenditures of the candidate's campaign committee made or incurred before or on election day.

(Res. No. 89316, § 2, 7-22-2022)

A person may not do or attempt to do any of the following:

A. Purchase, sell, or transfer a Democracy Dollar for consideration;

B. Obtain or control a Democracy Dollar with the intent to deprive an eligible resident of its lawful use;

C. Transfer a Democracy Dollar obtained or controlled as provided under Subsection B.;

D. After or assign a Democracy Dollar distributed to another person;

E. Collect or receive a Democracy Dollar assigned by another person, except as permitted by Subsection 3.15.110 A.;

F. Create and distribute a forged or inauthentic Democracy Dollar with the intent to hold out the Democracy Dollar as authentic;

G. Any other activity proscribed by rule of the Commission.

(Res. No. 89316, § 2, 7-22-2022)