Sacramento Municipal Code Art. IV Public Financing

A. At the time of filing nomination papers by or on behalf of a candidate for the office of mayor or city council member, the candidate shall file with the city clerk one of the following statements:

1. A statement of acceptance of financing from the Campaign Reform Fund; or

2. A statement of rejection of financing from the Campaign Reform Fund.

Candidates for the office of mayor or city council member who have filed or will have filed nomination papers prior to the effective date of this chapter and code shall file a statement of acceptance or rejection of financing from the Campaign Reform Fund not later than fifteen (15) days following the effective date of this chapter and code. Not later than fifteen (15) days prior to the effective date of this chapter and code, the city clerk shall notify candidates who filed nomination papers of candidacy prior to the effective date of this chapter and code of their obligation to file a statement of acceptance or rejection of financing from the Campaign Reform Fund, and shall provide such notice via registered or certified mail.

B. Not later than ten (10) days following the filing of a statement pursuant to subparagraph (A) above, the city clerk shall notify other candidates for the same city office who have filed statements pursuant to subsection (A) above of the filing. The clerk shall provide notice by mailing a copy of the notice via registered or certified mail to the other candidate(s) for the same city office.

C. If a candidate files a statement of rejection of financing, any opposing candidate who has filed a statement of acceptance of financing may rescind such statement and file a statement of rejection with the city clerk within ten (10) days of the notice given by the city clerk.

1. For purposes of this subparagraph, notice shall be deemed to have occurred on the date that the clerk places the notice in the mail.

D. Except as provided in subsection (C), a candidate who files a statement of acceptance or rejection of financing from the Campaign Reform Fund may not change that decision. (Ord. 2003-046 § 1)

Any candidate who files a statement of acceptance pursuant to Section 2.14.100 shall be required to comply with the Code of Fair Campaign Practices set forth in Chapter 1.20 and no matching public funds shall be furnished pursuant to this chapter unless the candidate has filed a statement pursuant to that chapter that the candidate will abide by the Code.

Compliance with the Code of Fair Campaign Practices shall not be subject to the provisions of Article VII of this chapter. (Ord. 2007-012 § 5)

A. All candidates for city elective office shall file with the city clerk on the eighty-third (83rd) day prior to the election a city supplemental pre-election statement. The city supplemental pre-election statement required by this section shall include all information current up through five (5) days before the date of filing and shall report information per elec-tion to date. Each candidate shall file at the same time a copy of the statement on a computer diskette or other electronic media in a format prescribed by the city clerk, provided that the clerk has prescribed the format at least sixty (60) days before the statement is due. If no format has been prescribed in a timely manner, the candidate shall file the statement in a format suitable for electronic scanning.

B. This section shall apply only to persons who qualify as a committee under Section 82013 of the Political Reform Act. (Ord. 2005-071 § 4; Ord. 2003-046 § 1)

Any candidate for mayor who receives contributions of ten thousand dollars ($10,000.00) or more, or who deposits in the candidate's campaign contribution account funds in the amount of ten thousand dollars ($10,000.00) or more, and any candidate for councilmember who receives contributions of seven thousand five hundred dollars ($7,500.00) or more, or who deposits in the candidate's campaign contribution account funds in the amount of seven thousand five hundred dollars ($7,500.00) or more, shall notify the city clerk of such fact by mailgram, telegram, guaranteed overnight mail through the United States Postal Service or equivalent private delivery service, or personal delivery within twenty-four (24) hours of reaching the ten thousand dollar ($10,000.00) or seven thousand five hundred dollar ($7,500.00) limit. The city clerk shall mail notification of such fact, within two working days, to all opposing candidates for whom nomination papers have been filed. (Ord. 2003-046 § 1)

A. A candidate shall qualify to receive payments from the Campaign Reform Fund for a primary or special election only if he or she meets all of the following requirements:

1. The candidate has filed a statement of acceptance of financing and has not rescinded such statement;

2. The candidate has raised and deposited in the candidate's campaign contribution account, after the first day of the primary election period or the special election period, as those terms are defined in Section 2.13.040, at least ten thousand dollars ($10,000.00) if a candidate for mayor, and at least seven thousand five hundred dollars ($7,500.00) if a candidate for a city council position, consisting of contributions totaling two hundred fifty dollars ($250.00) or less per source from sources other than themselves, their spouses or their dependent children;

3. The candidate is opposed by a candidate who has qualified for payments from the Campaign Reform Fund or who has raised or deposited in his or her campaign contribution account contributions of ten thousand dollars ($10,000.00) or more if a candidate for mayor, or seven thousand five hundred dollars ($7,500.00) or more, if a candidate for a city council position; and

4. The candidate has filed a statement agreeing to participate in at least one public forum at which all opponents of the candidate who qualified for the ballot are invited to participate. Notwithstanding any other provision of this chapter, the failure of a candidate to participate in at least one such public forum shall not be deemed a misdemeanor or infraction, shall not be the basis of any criminal or civil liability and shall not alter or affect the right of the candidate to receive matching public funds under this chapter to the extent he/she otherwise meets the requirements to receive such matching public funds.

B. All candidates in a general election who have filed a statement of acceptance of financing, have not rescinded such statement, and who meet the requirements of this section shall be entitled to receive payments from the Campaign Reform Fund.

C. For purposes of determining whether a candidate has raised the minimum amount specified in subsection (A)(2) of this section, the first two hundred fifty dollars ($250.00) of any contribution that exceeds two hundred fifty dollars ($250.00) shall be counted, and the remainder shall not.

D. For purposes of determining whether a candidate has raised the minimum amount specified in subsection (A)(2) of this section, a loan, pledge, extension of credit, or a non-monetary contribution shall not be considered a contribution.

E. For purposes of determining whether a candidate has raised the minimum amount specified in subsection (A)(2) of this section, the provisions of Sections 2.13.060 and 2.13.090 relating to aggregation of contributions shall apply to the determination of the source of a contribution. (Ord. 2005-071 § 5; Ord. 2003-046 § 1)

A candidate who is eligible to receive payments from the Campaign Reform Fund shall receive payments on the basis of the following formula:

A. Subject to the limit set forth in subsection B of this section, one dollar of public matching funds for each dollar received and deposited of the first two hundred fifty dollars ($250.00) or less contributed by a contributor and provided further that the contribution is received within that period of time beginning on the 1st of January preceding the date of the primary election and running through to the end of that primary election period, or that period of time beginning on the first day of the general election period and running through to the end of that general election period, or that period of time beginning eighty-eight (88) days prior to the date of a special election and running through to the end of that special election period.

B. Maximum Match. The total amount of public funds paid to a candidate shall not exceed: (1) thirty-five thousand two hundred dollars ($35,200.00) per election period per candidate for the office of city council member; and (2) one hundred seventeen thousand dollars ($117,000.00) per election period per candidate for the office of mayor. It is the intent of this section to provide a city match of two hundred fifty dollars ($250.00) even though the total contribution or contributions from a single source exceeds two hundred fifty dollars ($250.00). It is the further intent of this section that matching funds shall not be paid during the primary election period for contributions made earlier than the 1st of January preceding the date of the primary election; that matching funds shall not be paid during the general election period for contributions made prior to the first day of the general election period; and that matching funds shall not be paid during a special election period for contributions made earlier than eighty-eight (88) days prior to the date of the special election. (Ord. 2009-020 § 7; Ord. 2007-015 § 8; Ord. 2005-071 § 6; Ord. 2003-046 § 1)

A. In order for contributions of less than one hundred dollars ($100.00) but more than fifty dollars ($50.00) to be eligible for a match from the Campaign Reform Fund, a candidate must provide the following information on the public financing matching funds request filed in support of the request to match such contribution: the names and addresses of the donor and intermediary, the amount contributed, and the date of each such contribution. This reporting requirement shall also apply to any contribution of fifty dollars ($50.00) or less for which matching funds are requested where the cumulative contributions from the donor or intermediary total more than fifty dollars ($50.00) in any election period.

B. With respect to any contribution of fifty dollars ($50.00) or less for which a candidate requests matching funds from the Campaign Reform Fund, the candidate shall maintain, and shall make available to the city clerk, upon request, a record of the names and addresses of the donor and intermediary, the amount, and the date of each such contribution. (Ord. 2005-071 § 7; Ord. 2003-046 § 1)

Contributions by a candidate, a candidate's spouse, or a candidate's dependent children shall not be considered a contribution for purposes of receiving payments from the Campaign Reform Fund pursuant to Sections 2.14.130 and 2.14.140. (Ord. 2003-046 § 1)

Notwithstanding any other provisions of this code to the contrary, including, but not limited to, the provisions of Chapter 2.13, if a candidate has filed a statement of acceptance pursuant to Section 2.14.100, the cumulative total of contributions made by that candidate, the candidate's spouse and the candidate's dependent children to the candidate's campaign account shall not exceed thirty thousand dollars ($30,000.00) for a candidate for the office of mayor in a single election period, for a single election, or seven thousand five hundred dollars ($7,500.00) for a candidate for the office of city council member in a single election period, for a single election. (Ord. 2005-071 § 8; Ord. 2003-046 § 1)

A loan, a pledge, an extension of credit, or a non-monetary contribution shall not be considered a contribution for purposes of receiving payments from the Campaign Reform Fund pursuant to Sections 2.14.130 and 2.14.220. (Ord. 2003-046 § 1)

A. Requests for payment of public matching funds may be filed pursuant to this section and shall be paid by the director of the city's department of finance pursuant to this section upon a determination that the requirements of this section and this chapter have been satisfied.

B. Each request for public matching funds shall be made by filing with the city clerk the following documents:

1. A public financing matching funds request;

2. A copy of the public financing matching funds request on a computer diskette or other electronic media in a format prescribed by the city clerk, provided that the clerk has prescribed the format at least sixty (60) days before the statement is due. If no format has been prescribed in a timely manner, the candidate shall file the statement in a format suitable for electronic scanning; and

3. Copies of each check, money order, or other written legal tender eligible to be matched by public funds.

The city clerk shall immediately transmit the request and the accompanying documents to the director of the city's department of finance. The public financing matching funds request required by this section shall be current through two calendar days before filing. Contributions made more than two calendar days prior to the preceding public financing matching funds request filed under this section shall not be eligible for matching public funds.

C. A candidate or candidate's controlled committee certified as eligible to receive public matching funds may submit a public financing matching funds request each time a threshold of ten thousand dollars ($10,000.00) or more in matchable private contributions is reached for mayoral candidates, and seven thousand five hundred dollars ($7,500.00) or more in matchable private contributions is reached for candidates for city council member.

D. In addition to requests for payment allowed by subsection C of this section, a candidate or candidate's controlled committee may submit a public financing matching funds request for one thousand dollars ($1,000.00) or more during the ten (10) calendar days preceding the election.

E. In addition to requests for payment allowed by subsections C and D of this section, after the date of an election, each candidate may submit one final request for payment from the Campaign Reform Fund. Such request shall be submitted within two days after the last day of the election period. Requests for payment received by the city clerk after this date shall not be eligible for payment from the Campaign Reform Fund.

F. The director of the city's department of finance shall have ten (10) working days to approve or reject a request for payment of matching funds and disburse the public funds to the candidate or candidate's controlled committee. If the director of the city's department of finance is required to make a payment to a candidate on a day on which city offices are closed, payment shall be made on the next day that city offices are open. (Ord. 2005-071 § 9; Ord. 2003-046 § 1)

A. If a candidate is eligible to receive funds from the Campaign Reform Fund pursuant to the foregoing provisions of this chapter, the fact that the candidate is, or is alleged to be, in violation of another provision of this chapter shall not constitute grounds for withholding or denying such funds to the candidate except as provided in subsection (B) of this section.

B. Candidates who are eligible to receive funds from the Campaign Reform Fund, and whose campaign statement filed under the Political Reform Act or the Regulations or city supplemental statement or form discloses on its face that such candidate has exceeded the expenditure limitations set forth in Section 2.14.050, shall not be eligible for any further funds from the Campaign Reform Fund unless such expenditure took place after otherwise applicable expenditure limitations were waived for the candidate pursuant to Section 2.14.060. (Ord. 2005-071 § 10; Ord. 2003-046 § 1)

A. Matching public funds provided under this chapter may be used only for expenditures for direct voter outreach purposes, defined to mean campaign literature, publicity, postage and signage; provided that matching public funds may not be spent for the following:

1. Payments made to the candidate or a family relative, or a business in which the candidate or family relative has an ownership interest. For purposes of this provision, the definition of "family relative" set forth in Section 2.16.140 of Title 2 of the city code shall apply;

2. Payments in excess of the fair market value of services, materials, facilities or other things of value received in exchange;

3. Payments in cash;

4. Payments made for travel outside of California and expenses related to such travel.

B. Candidates who accept matching public funds under this chapter shall obtain and maintain verifiable written receipts, invoices or other written documentation of the purpose and nature of expenditures. Expenditures for which there is no such documentation shall be excluded from consideration in determining whether public funds were spent on permissible purposes. (Ord. 2007-012 § 4; Ord. 2003-046 § 1)