Division 12 — CAMPAIGN DISCLOSURE AND REPORTING

6-12000 - AUTHORITY.

This chapter is adopted pursuant to California Government Code section 84615 which authorizes a local government agency to adopt an ordinance that requires an elected officer, candidate, or committee, required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act to file such statements, reports or other documents online or electronically with the San Joaquin County Registrar of Voters ("Registrar of Voters") with specified exemptions. This ordinance is meant to follow the California Fair Political Practices Commission ("FPPC")'s laws, rules, and regulations and will automatically reflect any changes that FPPC may make to its law, rules, and regulations.

(Ord. No. 4590, 12-14-2021)

6-12001 - PURPOSE.

(a)

The purpose of this chapter is to modernize the filing requirements of campaign disclosure statements and statements of economic interest currently required under the Political Reform Act, (commencing with California Government Code Section 84200 et seq.), by requiring candidates and committees to file these report statements electronically. This requirement will allow for a more efficient and transparent process of these required filings; maximize the availability of this information to the public; and assist in ensuring compliance with campaign contributions laws.

(b)

This chapter is not to be construed as in any way modifying or abridging State law as set out in the California Government Code, California Elections Code, California Civil Code, or any other applicable provision of State law; rather it is only to be utilized in the interpretation and enforcement of the provisions of this code and County regulations.

(Ord. No. 4590, 12-14-2021)

6-12002 - DEFINITIONS.

The following definitions used in this chapter shall have the meanings as set forth below.

"Candidate" shall be defined as set forth in the Political Reform Act provided that the term shall be limited to candidates for county office.

"Committee" shall be defined as set forth in the Political Reform Act.

"Controlled committee" means a committee that is controlled directly or indirectly by a candidate or that acts jointly with a candidate in connection with the making of expenditures. A candidate controls a committee if he or she, his or her agent, or any other committee he or she controls has a significant influence on the actions or decisions of the committee. A "political party" committee, as defined in Government Code section 85205, is not a "controlled committee."

"County Office" means the following offices in San Joaquin County: members of planning commissions, members of the board of supervisors, district attorneys, county counsels, county treasurers, and chief administrative officers of counties, and other public officials who manage public investments, and to candidates for any of these offices at any election.

"Election" and/or "County election" means any primary, general, special or recall election held in the County of San Joaquin. The primary and general or special elections are separate elections for purposes of this chapter.

"Political Reform Act" means the California Political Reform Act of 1974 (Government Code sections 81000 et seq., as amended).

(Ord. No. 4590, 12-14-2021)

6-12003 - APPLICATION OF ORDINANCE.

The provisions of this chapter shall apply to any elected officer, candidate, committee, or other person required to file specified statements, reports, or other documents with the San Joaquin County Clerk/Registrar of Voters as the elections official as required in Chapter 4 of the Political Reform Act.

(Ord. No. 4590, 12-14-2021)

6-12004 - ELECTRONIC FILING.

(a)

Any elected officer, candidate, committee, or other person required to file specified statements, reports, or other documents with the Registrar of Voters as an elections official as required by Chapter 4 of the Political Reform Act, as amended, members of planning commissions, members of the board of supervisors, district attorneys, county counsels, county treasurers, and chief administrative officers of counties and other public officials who manage public investments pursuant to California Government Code section 87200, and to candidates for any of these offices at any election shall electronically file all such statements, reports or documents according the procedures established by the Registrar of Voters.

(b)

The procedures established by the Registrar of Voters for the online system shall ensure that the online system complies with the requirements set forth in Government Code Section 84615.

(c)

The online system shall be with a County approved vendor.

(d)

The online system is an independent, certified system and may have its own ongoing reporting to the Fair Political Practices Commission.

(e)

The online system shall ensure the integrity of the data transmitted and shall include safeguards against efforts to tamper with, manipulate, alter, or subvert the data. The system does not verify the accuracy of the information being submitted.

(f)

The online system shall be free and not unduly burden filers.

(g)

The online filing system shall only accept a filing in the standardize record format that is developed by the California Secretary of State pursuant to Government Code Section 84602 (a)(2) and that is compatible with the Secretary of State's system for receiving an online or electronic filing.

(h)

The online system shall include a procedure for filers to comply with the requirement that they sign statements and reports under penalty of perjury pursuant to Government Code Section 81004.

(Ord. No. 4590, 12-14-2021)

6-12005 - EXEMPTIONS.

(a)

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 filer is exempt from filing the statement electronically as provided by Government Code Section 84615. However, the filer has the option of filing an electronic copy with the Registrar of Voters.

(b)

A filer who receives contributions totaling less than $2,000.00, and makes expenditures totaling less than $2,000.00, in a calendar year is exempt from filing the statement electronically as provided by Government Code Section 84615. However, the filer has the option of filing an electronic copy with the Registrar of Voters.

(Ord. No. 4590, 12-14-2021)

6-12006 - PROCEDURES FOR UTILIZING ELECTRONIC FILING.

Any elected officer, candidate, or committee who has electronically filed a statement, report or other document using the online system shall not file a copy of that document in paper format with the Registrar of Voters.

The Registrar of Voters shall issue an electronic confirmation that notifies the filer that the statement, report, or other document was received, the notification shall include the date and the time that the statement was received and the method by which the filer may view and print the data received by the Registrar of Voters.

The date of filing for a statement, report or other document filed online shall be the day it is received by the Registrar of Voters.

(Ord. No. 4590, 12-14-2021)

6-12007 - AVAILABILITY OF STATEMENTS AND RECORD RETENTION.

The Registrar of Voter's system shall make all the data filed available on the County's webpage in an easily understood format that provides the greatest public access. The data shall be made available free of charge and as soon as possible after receipt. The data made available on the County's webpage shall not contain the street name and building number of the person or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed by the filer. The Registrar of Voter's Office shall make a complete, unredacted copy of the statement, including any street names, building numbers, and bank account numbers disclosed by the filer, available to any person upon request.

The Registrar of Voter's Office shall maintain, for a period of at least ten (10) years commencing from the date filed, a secured, official version of each online or electronic statement which shall serve as the official version of that record for the purpose of audits and any other legal purposes.

(Ord. No. 4590, 12-14-2021)

6-12008 - SEVERABILITY.

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of this chapter. San Joaquin County will not be responsible for any errors or omissions for any users of e- filing software pursuant to this chapter.

(Ord. No. 4590, 12-14-2021)