Sacramento Municipal Code Ch. 1.20 Fair Campaign Practices

Unless otherwise indicated, the definitions set forth in this section shall govern the interpretation of this chapter.

"Campaign advertising or communication" means a communication authorized by a candidate or a candidate's controlled committee as defined in Section 82016 of the Government Code, or by a committee making independent expenditures, as defined in Section 82031 of the Government Code, for the purpose of advocating the election or defeat of a qualified candidate through any broadcasting station, newspaper, magazine, outdoor advertising facility, direct mailing of five or more identical or nearly identical pieces of mail, or any other type of general, public, political advertising.

"Candidate" means any individual who seeks election to any elective office for the city of Sacramento.

"City clerk" means the city clerk for the city of Sacramento.

"Code" means the Code of Fair Campaign Practices set forth in Section 1.20.030 of the Sacramento City Code.

"Nomination documents" means the nomination papers and the verified affidavit of acceptance of nomination of candidacy specified in California Election Code Sections 10220 and 10223. (Ord. 2007-098 § 1; prior code § 62.06.300)

A. At the time the city clerk makes the nomination documents available to a candidate, the clerk shall also furnish the candidate with a copy of the Code of Fair Campaign Practices and a blank form of acceptance of the Code. The city clerk shall inform candidates that acceptance of the Code is voluntary. Any candidate who does not sign and file a form of acceptance of the Code with the first nomination documents filed by the candidate shall be deemed to have refused to sign the Code.

B. In the case of a committee making an independent expenditure within the meaning of Section 1.20.010 of this chapter, the city clerk shall provide a copy of the Code of Fair Campaign Practices and a blank form of acceptance of the Code to the individual who files the initial campaign statement on behalf of the committee in accordance with Title 9 (commencing with Section 81000) of the Government Code. If a statement of acceptance of the Code is not signed and filed within thirty (30) days of the date of the filing of the initial campaign statement, the committee shall be deemed to have refused to sign the Code. (Ord. 2007-098 § 1; prior code § 62.06.301)

The text of the Code shall read, as follows:

CODE OF FAIR CAMPAIGN PRACTICES

There are basic principles of decency, honesty, and fairness which every candidate for public office in the city of Sacramento has an ethical obligation to observe and uphold, in order that, after vigorously contested, but fairly conducted campaigns, the integrity of the electoral process has been preserved.

Therefore:

(1) I SHALL CONDUCT my campaign openly and publicly, discussing the issues as I see them, presenting my record and policies with sincerity and frankness, and criticizing without fear or favor the record and policies of my opponents which merit such criticism.

(2) I SHALL NOT USE OR PERMIT the use of character defamation, whispering campaigns, libel, slander, or scurrilous attacks on any candidate or her or his personal or family life.

(3) I SHALL NOT USE OR PERMIT any appeal to negative prejudice based on race, sex, religion, national origin, physical health, status or age.

(4) I SHALL NOT USE OR PERMIT any dishonest or unethical practices which tend to corrupt or undermine our American system of free elections, or which hamper or prevent the full and free expression of the will of the voters, including acts intended to hinder or prevent any eligible person from registering to vote or voting.

(5) I SHALL provide to my opponents, at the addresses on their Code of Fair Campaign Practices form, and to the city clerk for public inspection, any campaign advertising or communication which directly

names or refers to any of my opponents at least eight days prior to dissemination of the advertising or communication by me or my controlled committee.

(6) I SHALL NOT COERCE or permit coercion of my employees to make monetary or nonmonetary campaign contributions to me or any other candidate.

(7) I SHALL IMMEDIATELY AND PUBLICLY REPUDIATE any support from any individual or group which resorts, on behalf or my candidacy or in opposition to any opponent, to the methods and tactics which I condemn. I shall promptly redress and accept responsibility for a violation of any provision of this Code or the laws governing elections by any subordinate or by my controlled committee.

(8) I SHALL DEFEND AND UPHOLD the right of every qualified voter to full and equal participation in the electoral process.

(9) I SHALL clearly identify myself or my controlled committee as the sender of any and all campaign advertising to be mailed.

I, the undersigned, candidate for election to public office in the city of Sacramento or treasurer or chair of a committee making any independent expenditures, hereby voluntarily endorse, subscribe to, and solemnly pledge to conduct my campaign in accordance with the above principles and practices.

__________________ ________________________

Date Signature

____________________________________________

Campaign Address

(Ord. 2007-098 § 1; prior code § 62.06.302)

Provisions 5 and 9 of the Code of Fair Campaign Practices shall only apply if all candidates for election to that public office sign the Code. (Ord. 2007-098 § 1; prior code § 62.06.303)

Unless required under Section 2.14.130 of the City Code, no candidate shall be required to subscribe to the Code of Fair Campaign Practices. (Ord. 2007-098 § 1; Ord. 2007-012 § 6; prior code § 62.06.304)

The violation of any provision of this chapter shall not be deemed a misdemeanor or infraction, and shall not form the basis of any civil liability or administrative penalty. (Ord. 2007-0988 § 1; prior code § 62.06.305)