Chapter 9 — ELECTION CAMPAIGN FINANCE AND CONTROL

---

*Note--Added by Ord. No. 4241 (N.S.), effective 2-28-74. Repealed and new Chapter 9 added by Ord. No. 4960 (N.S.), effective 9-8-77. Repealed and new Chapter 9 added by Ord. No. 9374 (N.S.), effective 9-6-01.

---

A. GENERAL PROVISIONS

Inherent in the high cost of election campaigning is the problem of improper influence, real or potential, exercised by campaign contributors over elected officials. It is the purpose and intent of the Board of Supervisors of the County of San Diego in enacting this chapter:

(a) to preserve an orderly political forum in which individuals may express themselves effectively; to place realistic and enforceable limits on the amounts of money that may be contributed to political campaigns in county elections;

(b) to prohibit contributions by organizations in order to develop a broader base of political efficacy within the community;

(c) to limit the use of loans and credit in the financing of county election campaigns;

(d) to provide full and fair enforcement of all the provisions of this chapter; and

(e) to encourage the public to participate as candidates in elections by simplifying the local regulations as much as possible in matters adequately regulated by state law.

(Amended by Ord. No. 9374 (N.S.), effective 9-6-01)

This division shall be cited as the San Diego County Election Campaign Finance and Control Ordinance.

(Amended by Ord. No. 9374 (N.S.), effective 9-6-01)

B. DEFINITIONS*

---

*Cross reference(s)--Definitions, § 12.101 et seq.

---

The terms and phrases in this chapter shall be defined as those terms and phrases are defined in the Political Reform Act of 1974, as amended, (Government Code, section 81000 et seq.) unless otherwise specified in this chapter.

(Added by Ord. No. 9374 (N.S.), effective 9-6-01)

Whenever used in this chapter, the term "Broadcast Station" shall mean a person who engages in the dissemination of radio communication as defined in the Federal Communications Act of 1934. "Broadcast station" includes each cable television system franchised or otherwise licensed by the County of San Diego or any city within the County of San Diego or any city within the County of San Diego.

(Amended by Ord. No. 9374 (N.S.), effective 9-6-01)

Whenever used in this chapter, the term "candidate" shall mean an individual who is listed on the ballot, who has qualified to have write-in votes on his behalf counted by election officials, or who has begun to circulate nominating petitions or authorized others to circulate nominating petitions in his behalf, for nomination for or election to any elective County office, or who receives a contribution or makes an expenditure or gives his consent for any other person to receive a contribution or make an expenditure with a view to bringing about his nomination or election to any elective County office, whether or not the specific elective office for which he will seek nomination or election is known at the time the contribution is received or the expenditure is made and whether or not he has announced his candidacy or filed a declaration of candidacy at such time. "Candidate" also includes any holder of an elective County office who is the subject of a recall election. "Candidate" does not include any person within the meaning of Section 301(b) of the Federal Election Campaign Act of 1971.

An individual who becomes a candidate shall retain his or her status as a candidate until such time as that status is

terminated pursuant to Government Code Section 84214.

(Amended by Ord. No. 9374 (N.S.), effective 9-6-01)

(Repealed by Ord. No. 9374 (N.S.), effective 9-6-01)

(Repealed by Ord. No. 9374 (N.S.), effective 9-6-01)

(Repealed by Ord. No. 9374 (N.S.), effective 9-6-01)

Whenever used in this chapter, the term "County election" shall mean any primary, general, or special election, including a recall election, held within the County of San Diego for elective County office or on a County measure. Each primary, general or special election is a separate election for purposes of this chapter.

(Amended by Ord. No. 9374 (N.S.), effective 9-6-01)

Whenever used in this chapter, the term "County measure" shall mean:

(1) Any proposed County charter, any proposed amendment to the County Charter, any proposition for the issuance of funding or refunding bonds of the County, any other question or proposition submitted to the voters of the County at any election held throughout the entire County.

(2) "County measure" includes any measure under subdivision (1) of this subsection which is submitted to a popular vote at an election by action of the Board of Supervisors, or which is submitted or is intended to be submitted to a popular vote at an election by initiative, referendum, or recall procedure, whether or not it qualifies for the ballot.

(Amended by Ord. No. 9374 (N.S.), effective 9-6-01)

Whenever used in this chapter, the term "Elective County Office" shall mean: Member of the Board of Supervisors; Assessor - Recorder - County Clerk; District Attorney; Sheriff; Treasurer - Tax Collector or member of the County Board of Education.

(Amended by Ord. No. 9374 (N.S.), effective 9-6-01)

Whenever used in this chapter, the term "enforcement authority" shall mean the District Attorney of the County of San Diego. Nothing in this chapter shall be construed as limiting the authority of any law enforcement agency or prosecuting attorney to enforce the provisions of this chapter under any circumstances where such law enforcement agency or prosecuting attorney otherwise has lawful authority to do so.

(Amended by Ord. No. 9374 (N.S.), effective 9-6-01)

(Repealed by Ord. No. 9374 (N.S.), effective 9-6-01)

(Repealed by Ord. No. 9374 (N.S.), effective 9-6-01)

(Repealed by Ord. No. 9374 (N.S.), effective 9-6-01)

(Repealed by Ord. No. 9374 (N.S.), effective 9-6-01)

C. CAMPAIGN TREASURER

The campaign account required by Government Code section 85201(a) shall be established at a financial institution located in the State.

(Amended by Ord. No. 9374 (N.S.), effective 9-6-01; amended by Ord. No. 10580 (N.S.), effective 12-13-18)

(Repealed by Ord. No. 9374 (N.S.), effective 9-6-01)

(Repealed by Ord. No. 9374 (N.S.), effective 9-6-01)

(Repealed by Ord. No. 9374 (N.S.), effective 9-6-01)

(Repealed by Ord. No. 9374 (N.S.), effective 9-6-01)

D. CAMPAIGN STATEMENTS

(a) No person, other than an individual, a professional corporation that includes only one individual or a political party, shall make a contribution to any candidate or controlled committee; provided, however, that this section shall not apply to contributions made to a committee which is organized solely for the purpose of supporting or opposing the qualification for the ballot or adoption of one or more County measures. If the contribution is made by a professional corporation that includes only one individual, that individual shall not make any contribution in that person's individual capacity which, if combined with the contributions made as a professional corporation, would exceed the individual contribution limit as set forth in section 32.923.

(b) No officer, employee, agent or attorney or other representative of a person covered by this division shall aid, abet, advise or participate in a violation of this section.

(c) No person shall knowingly accept a payment or contribution made in violation of this section.

(d) If a campaign treasurer is offered a contribution which would be in excess of the limitation, the treasurer must refuse the contribution. If, however, a contribution which is in violation of this section is deposited into the campaign trust account, he shall report in writing within five (5) days of the receipt of the contribution to the Enforcement Authority the facts surrounding such payment or contribution.

(Amended by Ord. No. 9374 (N.S.), effective 9-6-01; amended by Ord. No. 10138 (N.S.), effective 5-5-11)

For purpose of this ordinance, contributions for and payments for communications to members, employees, shareholders, or families of members, employees, or shareholders of an organization for the purpose of supporting or opposing a candidate or a ballot measure are not exempted from any reporting requirement regardless of the means of communication. This provision is intended to require full reporting of contributions and expenditures which would otherwise be exempted by Government Code section 85312.

(Amended by Ord. No. 9374 (N.S.), effective 9-6-01)

(a) The provisions of this section regarding loans apply to extensions of credit, but do not apply to loans made to a candidate by a commercial lending institution in the lender's regular course of business on terms available to members of the general public for which the candidate is personally liable.

(b) A candidate for elective County office may not personally loan to his or her campaign an amount, the outstanding balance of which exceeds one hundred thousand dollars ($100,000). A candidate may not charge interest on any loan he or she made to his or her campaign.

(Amended by Ord. No. 9374 (N.S.), effective 9-6-01)

F. CAMPAIGN EXPENDITURES

To the extent that any person sells space in any newspaper or magazine or sells time on a broadcast station to a candidate or committee or performs other services in connection with the campaign of the candidate or for or against the measure, the charges made for the use of such space or time shall not exceed the charges normally made for comparable use of such space or time by other users thereof.

(Amended by Ord. No. 9374 (N.S.), effective 9-6-01)

No person who supplies goods or services or both goods and services to a candidate or committee for use in connection with the campaign of the candidate or for or against the measure shall refuse knowingly to divulge or disclose to the Enforcement Authority his record of any expenditures made by the candidate or committee in payment for such goods or services of both.

(Amended by Ord. No. 9374 (N.S.), effective 9-6-01)

G. OFFICIAL DUTIES

In addition to other duties required of him under the terms of this chapter, the Registrar of Voters of the County shall:

(a) Supply appropriate forms and manuals prescribed by the California Fair Political Practices Commission. These forms and manuals shall be furnished to all candidates and committees, and to all other person required to report.

(b) Determine whether required documents have been filed and, if so, whether they conform on their face with the requirements of 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 state law.

(d) Report apparent violations of this chapter and applicable state law to the Enforcement Authority.

(e) Compile and maintain a current list of all statements or parts of statements filed with his office pertaining to each candidate and each measure.

(f) Cooperate with the Enforcement Authority in the performance of the duties of the Enforcement Authority as prescribed in this chapter and applicable state laws.

(Amended by Ord. No. 9374 (N.S.), effective 9-6-01)

(a) The Enforcement Authority shall enforce the provisions of this chapter.

(b) Any person who believes that a violation of any portion of this chapter has occurred may file a complaint with the Enforcement Authority. If the Enforcement Authority determines that there is reason to believe a violation of this chapter has occurred, it shall make an investigation. Whenever the Enforcement Authority has reason to believe a willful violation of this chapter has occurred or is about to occur, it may institute such legal action at such time as it deems necessary to prevent further violations.

(c) The Enforcement Authority shall have such investigative powers as are necessary for the performance of the duties prescribed in this chapter and may demand and be furnished records of campaign contributions and expenses at any time.

(d) The Enforcement Authority shall determine whether required statements and declarations have been filed as required and, if so, whether they conform with the requirements of this chapter.

(Amended by Ord. No. 9374 (N.S.), effective 9-6-01)

H. PENALTIES, VIOLATIONS AND CONSTRUCTION

Any person who knowingly or willfully violates any provisions of this chapter is guilty of a misdemeanor. In addition to any other penalty provided by law, any willful or knowing failure to report contributions, done with intent to mislead or deceive,

shall be punishable by a fine of not less than five hundred dollars ($500).

(Amended by Ord. No. 6466 (N.S.), effective 12-2-82; amended by Ord. No. 9374 (N.S.), effective 9-6-01)

(Repealed by Ord. No. 9374 (N.S.), effective 9-6-01)

This chapter shall be construed liberally in order to effectuate its purposes. No error, irregularity, informality, neglect or omission of any officer in any procedure taken under this chapter which does not directly affect the jurisdiction of the County to control campaign contributions and expenditures shall avoid the effect of this chapter.

(Amended by Ord. No. 9374 (N.S.), effective 9-6-01)

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this chapter, or the application thereof to any person, if for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter or its application to other persons. The Board of Supervisors hereby declares that it would have adopted this chapter, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions, or the application thereof to any person, be declared invalid or unconstitutional.

(Amended by Ord. No. 9374 (N.S.), effective 9-6-01)