Chapter 43 — CAMPAIGN FINANCE REFORM

Section

• 12.4301 Name of Chapter.

• 12.4302 Purpose of the Chapter.

• 12.4303 Relationship to the Political Reform Act of 1974.

• 12.4304 Definitions.

• 12.4305 Contribution Limit.

• 12.4306 Contribution Through Intermediary and Disclosure.

• 12.4307 Aggregation of Contributions.

• 12.4308 Reasonable Diligence and Disclosure of Aggregated Contributions.

• 12.4309 Candidate’s Own Contributions; Family Contributions.

• 12.4310 Intra-Candidate Transfer of Funds.

• 12.4311 Electronic Filing of Campaign Statements.

• 12.4312 Non-Application to Other Elections and Recall Elections.

• 12.4313 Maintenance and Access to Records.

• 12.4314 San Bernardino County Campaign Accountability Commission.

• 12.4315 Qualifications of Commissioners.

• 12.4316 Violations and Enforcement—Administrative.

• 12.4317 Construction.

• 12.4318 Officeholder Accounts.

• 12.4319 Effective Date.

This Chapter shall be known and cited as the "San Bernardino County Campaign Finance Reform Ordinance" or the "Campaign Finance Reform Ordinance." (Ord. 4184, passed - -2012; Am. Ord. 4226, passed - -2014; Am. Ord. 4479, passed - -2024)

The United States Supreme Court has held that the purpose of a campaign reform ordinance must be to reduce corruption or the appearance of corruption in the electoral process, and that corruption in this context means "quid pro quo" corruption, that is, the contribution of money or resources for political favors. This Chapter does this primarily in three ways. First, this Chapter establishes a limit on the amount that individuals and entities may contribute to candidates for elective County office and their controlled committees. Second, with respect to such elections, this Chapter prohibits the hiding of the identity of contributors through the making of contributions via intermediaries without disclosure. Such contributions are attributed to the real contributor and subject to the contribution limit. Third, with respect to all elections under the jurisdiction of the Registrar of Voters, this Chapter provides optional electronic filing opportunities, in lieu of paper filing, for any elected officer, candidate, committee, or other person required by the Political Reform Act to file statements, reports, or other documents with the Registrar of Voters. All of these requirements are intended to make it more difficult for candidates and influential individuals and entities to engage in quid pro quo corruption, to make the financing of campaigns for elective office more transparent, and to make more information, especially financial information, regarding candidates and their supporters available to voters. (Ord. 4184, passed - -2012; Am. Ord. 4226, passed - -2014; Am. Ord. 4370, passed - -2019; Am. Ord. 4479, passed - -2024)

(a) The Political Reform Act, as amended and codified, already establishes certain minimum reporting and other requirements for candidates and certain committees making independent and other expenditures. The Political Reform Act establishes contribution limits for candidates for State office and for county offices if a county has not enacted a contribution limit for county offices. (b) Unless a word or term is specifically defined in this Chapter or the contrary is stated or clearly appears from the context, words and terms shall have the same meaning as when they are used in the Political Reform Act, as amended and codified, and in the related regulations of the Fair Political Practices Commission. (c) If any provision of this Chapter prevents any candidate or person from complying with the Political Reform Act, such provision is preempted by the Political Reform Act to the extent necessary to bring this Chapter into full compliance therewith. (Ord. 4184, passed - -2012; Am. Ord. 4226, passed - -2014; Am. Ord. 4479, passed - -2024)

For the purposes of this Chapter, certain words are defined as follows: CANDIDATE. Any individual who is a candidate for Supervisor, Sheriff/Coroner/Public Administrator, District Attorney, Auditor-Controller/Treasurer/Tax Collector, Assessor-Recorder, County Superintendent of Schools, or any other elective County office. Such office would include any elected County offices that have been consolidated or later separated. The provisions of Government Code § 82007 shall also apply to such individual. COUNTY. San Bernardino County. ELECTION. A primary, general, special, or recall election. Each of these is a separate election for purposes of this Chapter. ELECTIVE OFFICER. An individual who is a Supervisor, Sheriff/Coroner/Public Administrator, District Attorney, Auditor-Controller/Treasurer/Tax Collector, Assessor-Recorder, County Superintendent of Schools, or holder of any other elective County office. ENTITY. Any person, other than an individual. INDIVIDUAL. A human being. OFFICEHOLDER. An elective officer. OFFICEHOLDER ACCOUNT. The bank account established at a financial institution located in the State of California pursuant to § 12.4318. OFFICEHOLDER CONTROLLED COMMITTEE. A committee formed pursuant to § 12.4318(c). OFFICEHOLDER FUNDS. Money in the officeholder account. PERSON. An individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, and any other organization or group of persons acting in concert. SPONSOR. Any entity that sponsors a committee. A candidate or other individual may not sponsor a committee. An entity sponsors a committee if any of the following applies: (1) The committee receives 80 percent or more of its contributions from the entity or its members, officers, employees, or shareholders. (2) The entity collects contributions for the committee by use of payroll deductions or dues from its members, officers, or employees. (3) The entity, alone or in combination with other organizations, provides all or nearly all of the administrative services for the committee. (4) The entity, alone or in combination with other organizations, sets the policies for soliciting contributions or making expenditures of committee funds. SPONSORED COMMITTEE. A committee, other than a controlled committee, which has one or more sponsors. (Ord. 4184, passed - -2012; Am. Ord. 4226, passed - -2014; Ord. 4350, passed - -2018; Am. Ord. 4479, passed - -2024)

(a) Limit on Contributions to a Candidate or a Candidate's Controlled Committee. A person may not make to a candidate or the candidate's controlled committee, and a candidate or the candidate's controlled committee may not accept from a person, any contribution or contributions totaling more than $10,000 per calendar year, except as further provided in this Section. (b) A political party committee may contribute up to $100,000 to a candidate per calendar year. A candidate may not accept more than $100,000 from political party committees per calendar year. (c) If a candidate does not receive more than 50% of the vote in the primary election and the candidate's name will appear on the ballot in the general election, the contribution limits contained in subsection (a) are doubled for that year. (d) Beginning on January 1, 2025, the campaign contribution limits shall be increased by five (5) percent on January 1 of every odd-numbered year. The adjustment shall be rounded up to the nearest one hundred dollars ($100) and shall be effective on January 1 of the odd-numbered year. The Registrar of Voters shall maintain a record of any increased contribution limits pursuant to this subsection and shall make such record available to the public and all candidates. (e) Return of Contribution in Excess of Limits. (1) A monetary contribution or contributions that exceed the limits of § 12.4305(a) - (d), shall be returned prior to deposit or negotiation, within 14 days of receipt. (2) Any contributions returned pursuant to this section shall be deemed not to have been accepted within the meaning of that provision and are not subject to review by the San Bernardino County Campaign Accountability Commission.

(3) A non-monetary contribution shall be returned by returning to the contributor, within the deadline specified in § 12.4305(e)(1), any of the following: the non-monetary contribution; its monetary equivalent; the monetary amount by which the value of the non-monetary contribution exceeds the contribution limits of § 12.4305(a) - (d). (4) Subdivision (e) shall not be construed to authorize the making or solicitation of any contribution in excess of the contribution limits of § 12.4305(a) - (d). (Ord. 4184, passed - -2012; Am. Ord. 4226, passed - -2014; Am. Ord. 4479, passed - -2024)

With respect to contributions earmarked for a candidate or contributions made to a candidate through a person acting on behalf of another or acting as the intermediary or agent of another, the contributors, intermediaries, agents, committees, and recipients of such contributions shall comply with all disclosure, reporting, and other requirements of Government Code §§ 84302 and 85704. (Ord. 4184, passed - -2012; Am. Ord. 4226, passed - -2014; Am. Ord. 4336, passed - -2017; Am. Ord. 4479, passed - -2024)

(a) For purposes of the contribution limit and reporting requirements of this Chapter, the contributions from certain combinations of individuals and entities must be added together to determine the total amount that will be treated as made by, and received from, a single contributor. Such aggregated amount shall not exceed the contribution limit established under § 12.4305. (b) Contributions of an Entity Treated as Contributions of an Individual. (1) The contributions of an entity whose contributions are directed and controlled by an individual shall also be treated as the contributions of the individual. (2) The contributions of an entity whose contributions are directed and controlled by two or more individuals shall also be treated as the contributions, on a pro rata basis, of the individuals. (3) The contributions of an entity that is majority-owned by an individual shall also be treated as the contributions of the individual, unless the entity acts independently in its decision to make the contributions. (c) Contributions of an Entity Treated as Contributions of Another Entity. (1) The contributions of an entity whose contributions are directed and controlled by an individual shall also be treated as the contributions of any other entity whose contributions are directed and controlled by the same individual. (2) The contributions of an entity whose contributions are directed and controlled by a majority of persons shall also be treated as the contributions of all other entities whose contributions are directed and controlled by the same majority of persons. (3) The contributions of an entity that is majority-owned by a person shall also be treated as the contributions of all other entities majority owned by the same person, unless the entity acts independently in its decision to make the contributions. (Ord. 4184, passed - -2012; Am. Ord. 4226, passed - -2014; Am. Ord. 4479, passed - -2024)

(a) Candidates, their controlled committees and treasurers, and any person must exercise reasonable diligence to determine whether a particular contribution must be aggregated with another contribution by operation of any provision of this Chapter or law. (b) Any person who makes a contribution that is subject to aggregation by operation of any provision of this Chapter or law shall, at the time of making the contribution, disclose in writing to the candidate, or to the candidate's controlled committee, the existence of all other contributions that must be aggregated with such contribution. This requirement does not relieve the candidate and the candidate's controlled committee and treasurer of the obligations under § 12.4308(a) or law. (Ord. 4184, passed - -2012; Am. Ord. 4226, passed - -2014; Am. Ord. 4479, passed - -2024)

(a) Contribution of Candidate's Own Funds. The provisions of § 12.4305 do not apply to a candidate's contributions of his or her personal funds or community property to his or her campaign. (b) Contribution of Spouses or Domestic Partners. For purposes of this Chapter, a single contribution made by both spouses or by both registered domestic partners shall not be aggregated but shall be divided equally between both spouses or between both domestic partners. (c) Contribution of Minor. A contribution made by a child less than 18 years of age is presumed to be a contribution from the parent or guardian of the child. For contribution tracking purposes, if the parents or guardians of the child are married or have joint legal custody of child, the contribution shall be divided equally between them. If one parent or guardian has primary or sole legal custody of the child, then the contribution shall be attributed to that parent or guardian. The committee or candidate accepting a contribution from a child under the age of 18 shall obtain the information concerning parental or guardian attribution. (Ord. 4184, passed - -2012; Am. Ord. 4226, passed - -2014; Am. Ord. 4479, passed - -2024)

(a) A candidate for a non-County office may transfer campaign funds from one controlled committee for a non-County office to a controlled committee for a County office for the same candidate. Contributions transferred shall be attributed to specific contributors using a "last in, first out" or "first in, first out" accounting method, and these attributed contributions when aggregated with all other contributions from the same contributor may not exceed the limits set forth in § 12.4305. (b) Notwithstanding § 12.4310(a), a candidate for County office may spend contributions raised in connection with one election to County office to pay campaign expenditures incurred in connection with a subsequent election for the same County office. (Ord. 4184, passed - -2012; Am. Ord. 4226, passed - -2014; Am. Ord. 4479, passed - -2024)

(a) This Section applies to any elected officer, candidate, committee, or other person required by the Political Reform Act to file statements, reports, or other documents with the Registrar of Voters. This Section is not limited to filings pertaining to elective County office. (b) Any elected officer, candidate, committee, or other person required by the Political Reform Act to file statements, reports, or other documents required by Chapter 4 (commencing with § 84100) of the Government Code, has the option to file those statements, reports, or other documents online or electronically with the Registrar of Voters. (c) In any instance in which the original statement, report, or other document is required to be filed with the Secretary of State and a copy of that statement, report, or other document is required to be filed with the Registrar of Voters, the copy may, but is not required to be, filed online or electronically. (d) Any statement, report, or other document filed online or electronically pursuant to this Section is not required to be filed with the Registrar of Voters in paper format. (e) The Registrar of Voters shall cause to be placed on the County's web site a copy of each statement, report, or other document within one working day of the statement, report, or other document being filed with the Registrar of Voters. (f) The County shall comply with all applicable provisions of Government Code § 84615. (Ord. 4184, passed - -2012; Am. Ord. 4226, passed - -2014; Am. Ord. 4370, passed - -2019; Am. Ord. 4479, passed - -2024)

Non-County Election. In the event a candidate also runs for election for a State, Federal, city, special district, or other non-County office, the provisions of this Chapter do not apply to the candidate's campaign for such other office nor to any committee established solely for the purpose of running for such other office. (Ord. 4184, passed - -2012; Am. Ord. 4226, passed - -2014; Am. Ord. 4479, passed - -2024)

(a) Maintenance of Records. Candidates and their controlled committees shall maintain, for the period of time required in Government Code § 84104, such detailed accounts, records, bills, receipts, and other documentation necessary to prepare campaign statements and to comply with the provisions of this Chapter. (b) Disclosure of Records. Candidates and their controlled committees shall deliver to the Registrar of Voters and any public entity or official having authority to implement or enforce this Chapter, upon demand, the documentation and information described in Subdivision (a) and any other information and documentation sufficient to allow the determination of whether any provision of this Chapter has been violated. (c) Authorization to Access Records. Candidates and their controlled committees shall deliver to the Registrar of Voters and any public entity or official having authority to implement or enforce this Chapter, upon demand, a written authorization permitting such entity or official to have access to all documentation and information pertaining to the campaign contribution checking account. (Ord. 4184, passed - -2012; Am. Ord. 4226, passed - -2014; Am. Ord. 4479, passed - -2024)

(a) The San Bernardino County Board of Supervisors establishes the San Bernardino County Campaign Accountability Commission (Commission). The Commission shall consist of nine members. The Board of Supervisors shall appoint one member for each supervisorial district, who has been recommended and nominated by the supervisor from that district. Additionally, the Board of Supervisors will appoint one member who has been recommended and nominated by the Sheriff/Coroner/Public Administrator, District Attorney, Auditor-Controller/Treasurer/Tax Collector, and Assessor-Recorder. (b) For all nine commissioners, the following applies: (1) Each appointment of a commissioner shall be approved by a majority of the Board of Supervisors. Each commissioner can be removed by a majority vote of the Board of Supervisors. (2) Pursuant to San Bernardino County Code § 12.3701, the appointment of a commissioner shall expire on the date that the Supervisor, Sheriff/Coroner/Public Administrator, District Attorney, Auditor-Controller/Treasurer/Tax Collector, or Assessor-Recorder who recommended the appointment leaves office, while the underlying term shall continue pursuant to Subdivision (3) below. (3) Each term of office for a commissioner position shall be four years, commencing on February 1 and ending on January 31 of the fourth succeeding year. The terms of office for commissioners recommended and nominated by the Second and Fourth Supervisorial Districts shall expire on January 31, 2027, and on January 31 of each fourth succeeding year thereafter. The terms of office for commissioners recommended and nominated by the First, Third and Fifth Supervisorial Districts shall expire on January 31, 2029, and on January 31 of each fourth succeeding year thereafter. The terms of office for commissioners recommended and nominated by the Sheriff/Coroner/Public Administrator, District Attorney, Auditor-Controller/Treasurer/Tax Collector, or Assessor-Recorder shall expire on January 31, 2027, and on January 31 of each fourth succeeding year thereafter. (c) The Commission is responsible for enforcing the San Bernardino County Campaign Finance Reform Ordinance. (d) All enforcement actions taken by the Commission require a two-thirds vote of the entire Commission. This means a minimum of six out of nine commissioners must vote in favor of the enforcement action for the enforcement action to be approved. If the Commission does not have all nine commissioners at a meeting due to either an absence or a vacancy, all enforcement actions shall still require a minimum of six commissioners vote in favor or the enforcement action. (e) Commissioners shall receive a stipend in the amount of $100.00 per meeting and expense reimbursements pursuant to § 13.0618(b). (f) Commission meetings shall be open to the public and are subject to the Ralph M. Brown Act (Government Code §§ 54950 et seq.). (g) Rules adopted by the Commission for the time, place and conduct of its meetings shall take effect upon ratification by the Board of Supervisors. (Ord. 4479, passed - -2024)

(a) A member of the Commission must be a registered voter in the County. (b) A person shall not be appointed or serve on the Commission if: (1) The person is a County elective officer or a family member, staff member, or paid campaign staff of a County elective officer. Family member means a spouse, parent, sibling, child, or in-law. Spouse means a spouse or registered domestic partner as defined by California Family Code § 297. (2) The person has served as a staff member of a County elective officer in the past four years. (3) The person has served in an elected office or campaigned for an elected office in the past four years. (4) The person has served as a member of a political party central committee in the past four years. (5) The person has contributed over $500.00 in any one year to any candidate for a County elective office in the past four years. (Ord. 4479, passed - -2024)

(a) Any person who, pursuant to an appropriate administrative action, is determined to have violated any provision of this Chapter, purposely caused any other person to violate any provision of this Chapter, or aided and abetted any other person in the violation of any provision of this Chapter, shall be subject to an administrative order requiring that the person to do all or any of the following: (1) Cease and desist violation of this Chapter; (2) File any reports, statements, or other documents or information required by this Chapter; and/or (3) Pay a monetary penalty of up to $1,000.00 per violation. (b) If two or more persons are responsible for any violation of any provision of this Chapter, then they shall be jointly and severally liable. (c) No administrative action brought alleging a violation of any provision of this Chapter shall be commenced more than twelve (12) months after the date on which the violation occurred. (Ord. 4184, passed - -2012; Am. Ord. 4226, passed - -2014; Am. Ord. 4479, passed - -2024)

This Chapter shall be liberally construed to accomplish its purposes. (Ord. 4184, passed - -2012; Am. Ord. 4226, passed - -2014; Am. Ord. 4479, passed - -2024)

(a) Officeholder Account Contribution Limits. (1) No person shall make, and no officeholder shall receive from a person, a contribution pursuant to this subdivision exceeding the limits stated in § 12.4305(a) - (d). (2) No officeholder shall receive contributions pursuant to Paragraph (1) that, in the aggregate, exceed the limits stated in § 12.4305(a) - (d). (3) Any contribution received pursuant to this Section shall be deemed to be a contribution to that candidate for election to any County office that he or she may seek during the term of office to which he or she is currently elected, including, but not limited to, reelection to the office he or she currently holds, and shall be subject to any applicable contribution limit provided in this Chapter. (b) If an officeholder account is established pursuant to this Section, the officeholder shall maintain officeholder funds in a single bank account separate from any other bank account held by the officeholder. (c) Establishing the Officeholder Controlled Committee, Reporting, and Recordkeeping. (1) Formation. The officeholder shall establish a controlled committee by filing a statement of organization pursuant to Government Code § 84101 if the officeholder receives $2,000 or more in officeholder contributions in a calendar year. An officeholder account and an officeholder controlled committee may only be established after the officeholder closes his or her campaign account and any campaign committee. (2) Committee Name. The controlled committee name shall include the officeholder's last name, the office held, the year the officeholder was elected to the current term of office, and the words "Officeholder Account." The statement of organization shall include the name, account number, and address of the financial institution where the committee established the officeholder account. (3) Filing Requirements. The controlled committee shall file campaign statements and reports at the same times and in the same places as it otherwise would be required to do for any other controlled committee formed by the officeholder for election to County office. (4) Required Recordkeeping. The officeholder and treasurer shall be subject to recordkeeping requirements under § 12.4313. (d) Prohibitions. (1) Officeholder funds may not be contributed or transferred to another state or local committee, including any other controlled committee of the officeholder, except as permitted in Subdivisions (g)(2) and (g)(3). (2) Officeholders may not use officeholder funds to pay "campaign expenses" as defined in California Code of Regulations, Title 2, § 18525(a). (3) The officeholder may not transfer or contribute funds from any other committee he or she controls to the officeholder account, except as permitted in Subdivision (g)(2) and (g)(3). (e) Contributions to the Officeholder Account. (1) Required Notices. In addition to the requirements of California Code of Regulations, Title 2, § 18523.1, a written solicitation for contributions to the officeholder account shall include the following: "For purposes of the San Bernardino County Campaign Finance Reform Ordinance's contribution limits, a contribution to an officeholder account is also considered to be a contribution to all campaign committees for future elective County office the officeholder seeks during his or her current term of office." (2) In addition to the requirements of Subdivision (1) above, an officeholder who files a statement of intention to be a candidate for any elective County office during the officeholder's term of office shall provide notice of this filing to every person that has made a contribution to his or her officeholder account. The notice shall contain the language in Subdivision (1) and be transmitted or mailed within ten days of filing the statement of intention to be a candidate. (3) Cumulation. A contribution to the officeholder account shall also be deemed a contribution to the officeholder's controlled committee for election to elective County office for the purposes of § 12.4318(a)(3) only under all of the following circumstances: (A) The contributor makes the contribution between the day the election was held for the term of office for which the officeholder account was established and the end of that term of office;

(B) The officeholder maintains the controlled committee, established for a future term of elective County office, at any time during the period covered in Subdivision (A). (4) Multiple Officeholder Accounts. When an officeholder maintains more than one officeholder account in the same calendar year, he or she may not receive the following contributions to any of those accounts during that calendar year: (A) Contributions from a single contributor that, when cumulated for all the accounts, exceed the maximum amount the contributor could give to the officeholder account having the highest per person contribution limit under § 12.4305(a) - (d). (B) Contributions from all contributors that, when cumulated for all the accounts, exceed the maximum amount in total contributions the officeholder could receive in the officeholder account having the highest aggregate contribution limit under § 12.4305(a) - (d). (f) Contributions Over the Limits. (1) An officeholder shall return to the contributor the portion of any contribution to his or her officeholder account that exceeds the limits of §§ 12.4305 or 12.4318 (either alone or after cumulation) by the earlier of 14 days of receipt or 14 days of the date the officeholder files a statement of intention to be a candidate for elective County office pursuant to Government Code § 85200. (2) A contributor to the officeholder account does not violate the contribution limits applying to the officeholder's election to a future elective County office as otherwise provided under § 12.4318(a) (3) if, when he or she makes the contribution, the officeholder has not filed a statement of organization to establish a controlled committee for election to a future elective County office. (g) Terminating Officeholder Accounts and Committees. (1) The officeholder may not accept contributions after the officeholder's term of office ends or the date he or she leaves that office, whichever is earlier. (2) The officeholder may redesignate the officeholder account as an officeholder controlled committee for a future term of the same office for purposes of paying expenses associated with holding the office by amending the statement of organization for the committee to reflect the redesignation for the future term of office prior to the date the officer's term of office ends. (3) An officeholder may redesignate officeholder funds in the redesignated officeholder account as officeholder funds for the new term of office, subject to the limitations in Subdivision (e)(4). (4) Once the officeholder's term of office ends or he or she leaves that office, whichever is earlier, the officeholder may only use his or her officeholder funds for the following purposes: (A) Paying outstanding officeholder expenses. (B) Repaying contributions to contributors to the officeholder account. (C) Making a donation to a bona fide charitable, educational, civic, religious, or similar tax-exempt, nonprofit organization, if no substantial part of the proceeds will have a material financial effect on the officeholder, a member of his or her immediate family, or his or her committee treasurer. (D) Paying for professional services reasonably required by the officeholder controlled committee to assist in the performance of its administrative functions. (E) The officeholder shall terminate the officeholder controlled committee within 90 days of the date the officer's term of office ends or he or she leaves that office, whichever is earlier. (Ord. 4350, passed - -2018; Am. Ord. 4479, passed - -2024)

The Campaign Finance Reform Ordinance shall be effective on October 11, 2024. The Campaign Finance Reform Ordinance shall apply only to contributions made to, or received by, a candidate on or after October 11, 2024. No contribution made to, or received by, a candidate prior to October 11, 2024, shall be considered whatsoever for purposes of the contribution limit, the aggregation of contributions provision, or any other requirement of the Campaign Finance Reform Ordinance. (Ord. 4184, passed - -2012; Am. Ord. 4226, passed - -2014; Am. Ord. 4479, passed - -2024)