Chapter 10 — ELECTIONS

2-10.01 Authority 2-10.02 When Held 2-10.03 Applicability; Authority of City Council to Change Dates 2-10.04 Adoption of Voluntary Expenditure Ceiling 2-10.05 Resolution Determining Number of City Residents 2-10.06 Local Campaign Contribution Limits 2-10.07 Duties of the Office of the City Clerk 2-10.08 Violation - Penalty 2-10.09 Electronic Filing of Campaign Statements and Statements of Economic Interests

This chapter is enacted under the authority of Cal. Elec. Code § 1301. (§ 1, Ord. 2392, eff. August 20, 1987)

The General Municipal Election of the City of Ontario shall be held on the same day as the statewide General Election, namely, on the first Tuesday after the first Monday of November in each even-numbered year. (§ 2, Ord. 2392, eff. August 20, 1987)

This chapter shall apply to General Municipal Elections held in 1988 and subsequent years; provided, however, that nothing in this chapter shall limit or otherwise affect the authority of the City Council to change the day of the General Municipal Election in the manner permitted by Cal. Gov't Code § 36503.5, or any other relevant statute. (§ 3, Ord. 2392, eff. August 20, 1987)

Pursuant to Cal. Gov't Code § 85400(c), a voluntary expenditure ceiling of one dollar ($1.00) per resident per election for Mayoral candidates, and seventy-five cents ($.75) per resident per election for Council candidates for each election in the City in which the candidate is seeking elective office. (§ 1, Ord. 2647, eff. February 5, 1998)

The City Council shall determine, by resolution adopted not less than seven (7) months prior to each regular City election, the number of residents in the City for purposes of the voluntary expenditure ceiling. (§ 1, Ord. 2647, eff. February 5, 1998)

A person may make to a candidate for elective city office, and a candidate for elective city office may accept from a person, a contribution of any amount, and hereby imposes no limit on the campaign contributions a candidate for elective city office can receive per election. (§ 2, Ord. 3170, eff. December 17, 2020, as amended by § 2, Ord. 3185, eff. July 15, 2021)

The Office of the City Clerk shall administer the provisions of this Chapter. In addition to other duties required of the Office of the City Clerk under the terms of this Chapter, the Office of the City Clerk shall: (a) Supply appropriate forms and manuals to all candidates and committees, and to other persons required to file reports. (b) Determine whether required documents have been filed and, if so, whether they conform on their face with the requirements of this Chapter and state law. (c) Notify promptly all persons and known committees who have failed to file a document in the form and at the time required by this Chapter, and promptly notify a person, candidate, campaign treasurer, political committee or broad-based political committee of any violations of this Chapter. The Office of the City Clerk shall inform the person, candidate, campaign treasurer, political committee or broad-based political committee that they shall have two (2) weeks to correct the violation. (d) Compile and maintain a current list of all statements or parts of statements filed with the City Clerk’s office pertaining to each candidate. (e) Monitor reports and statements filed by candidates and committees supporting or opposing candidates for city council, mayor, city clerk and city treasurer as required by this Chapter. (§ 2, Ord. 3170, eff. December 17, 2020)

(a) Upon notification to the City Prosecutor by the Office of the City Clerk of a violation that has not been corrected pursuant to Section 2-10.07(c), the City Prosecutor shall issue a citation for the violation. Any person violating any of the provisions of this Chapter relating to campaign contributions and disclosure is guilty of an infraction, punishable in accordance with Chapter 5 of Title I of this Code. (§ 2, Ord. 3170, eff. December 17, 2020)

(a) Any elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Government Code Chapter 4 (commencing with Section 84100), except an elected officer, candidate, committee or other person who receives contributions totaling less than two thousand dollars ($2,000) in a calendar year, shall file those statements, reports, or other documents online or electronically with the City Clerk. (b) Any person holding a position listed in Government Code Section 87200 or designated in the city’s local conflict of interest code adopted pursuant to Government Code section 87300, shall file any required Statement of Economic Interest reports (Form 700) online or electronically with the City Clerk. (c) In any instance in which an original statement, report, or other document must be filed with the California Secretary of State and a copy of that statement, report or other document is required to be filed with the City Clerk, the

filer may, but is not required to, file the copy electronically. (d) If the City Clerk’s electronic system is not capable of accepting a particular type of statement, report, or other document, an elected officer, candidate, committee or other person shall file that document with the City Clerk in an alternative format acceptable to the City Clerk. (e) The City Clerk shall ensure all procedural and public access requirements with respect to online or electronic filings, and the online or electronic filing system used by the City pursuant to this Section, complies with Government Code Section 84615, as may be amended from time to time. (§ 1, Ord. 3176, eff. January 14, 2021)