Part 10 — ADVERTISEMENTS

Editor's note— Ord. 30687, § 7, adopted Nov. 30, 2021, repealed Part 10, §§ 12.06.1000 - 12.06.1030, and reenacted Part 10, §§ 12.06.1000 - 12.06.1020, as set out herein. Formerly, Part 10 pertained to Electioneering Communications and derived from Ords. 28624, 28861, 29310, and 29642.

A.

The definitions set forth in the Political Reform Act shall govern the interpretation of this Part, unless otherwise specified herein.

B.

"Advertisement" means any general or public communication which is authorized and paid for by a committee for the purpose of supporting or opposing a candidate or candidates for municipal elective office or a municipal ballot measure or measures.

Advertisement does not include those communications enumerated in Government Code Section 84501(a) (2), as may be amended.

For the purposes of 12.06.1010 B and 12.06.1020, "Advertisement" does not include:

a.

News stories, commentaries or editorials disseminated, broadcast or otherwise published by newspaper, radio station, television station, internet site or any other recognized news medium unless the news medium is owned or controlled by any political party, political committee or candidate.

b.

Communications paid for by a governmental entity.

c.

Communications that occur during a candidate debate or forum.

d.

Communications made solely to promote a candidate debate or forum made by or on behalf of the person sponsoring the debate or forum, provided that such communications do not otherwise discuss the positions or experience of a candidate.

e.

Communications in which a candidate's name is required by law to appear and the candidate is not singled out in the manner of display.

f.

Spoken communications between two (2) or more individuals in direct conversation unless at least one (1) of the individuals is compensated for the purposes of making the communication.

g.

Legitimate public polls disseminated for the purpose of gathering information and are not intended to influence voters.

h.

Any other type of communication where the committee can demonstrate that the required disclosures are impracticable or cannot be reasonably printed or displayed in an easily legible typeface.

Any advertisement that meets the definition of a "sign" as defined in Section 23.02.500 of this Code is also subject to the provisions of Title 23.

C.

"Cumulative Contributions" means the cumulative amount of contributions received by a committee beginning twelve (12) months before the date of the expenditure and ending seven (7) days before the time the advertisement is sent to the printer or broadcaster or otherwise distributed.

D.

"Earmarked funds" means any of the following:

Funds solicited and received by a contributor from donors for the purpose of making a contribution to the committee paying for the advertisement.

Funds were given to the contributor subject to a condition, agreement or understanding with the donor that all or a portion would be used to make a contribution to the committee paying for the advertisement, including the identification of the committee as a potential recipient.

Existing funds held by a contributor from a donor where a subsequent agreement or understanding was reached with the donor that all or a portion of the funds would be used to contribute to the committee paying for the advertisement, including the identification of the committee as a potential recipient.

Funds were promised, subject to an enforceable promise, to the contributor subject to a condition, agreement or understanding with the donor that all or a portion would be used to make a contribution to

the committee paying for the advertisement, including the identification of the committee as a potential recipient.

E.

"Top contributors" means the persons from whom the committee paying for an advertisement has received its three (3) largest cumulative contributions of two thousand five hundred dollars ($2,500) or more.

A tie between two (2) or more contributors qualifying as top contributors shall be resolved by determining the contributor who made the most recent contribution to the committee, in which case the most recent contributor shall be listed before any other contributor of the same amount.

If a contributor appears to qualify as a top contributor but received Earmarked Funds to make the contribution, the person, entity or committee that earmarked the funds and gave the funds to the contributor shall instead be disclosed as the top contributor. The person, entity or committee that transferred earmarked funds shall disclose the true source of the funds to the committee receiving the earmarked funds at the time the funds are promised or transferred.

If an advertisement paid for by an independent committee supports or opposes a candidate, the determination of top contributors pursuant to paragraphs (1) and (2) shall not include any nonprofit organization exempt from federal income taxation pursuant to Section 501(c)(3) of the United States Internal Revenue Code or any person who has prohibited in writing the use of that person's contributions to support or oppose candidates if the committee does not use such contributions to support or oppose candidates.

Disclosure of a contributor is not required if reasonable evidence is presented that there is a probability that disclosure would subject the individual to threats, harassment and reprisals. This subsection D.4 does not apply where top contributors are required to be disclosed in advertisements under the Political Reform Act.

(Ords. 30687, 30768.)

A.

Except as otherwise provided in this Section, disclosures on advertisements shall be made in accordance with the Political Reform Act.

B.

An advertisement paid for by an independent committee, excluding a political party committee, shall include the words "committee major funding from" followed by the names of the top contributors to the

committee paying for the advertisement. The disclosure requirements for committees with respect to major funding under Chapter 4 of the Political Reform Act shall apply in the same manner, form, or method for the disclosure of top contributors on advertisements under this Part.

C.

Section 12.06.1010 B does not apply when a top contributor, as defined under the Political Reform Act, is required to be disclosed in advertisements pursuant to the Political Reform Act. In such instances, the disclosure of a top contributor shall be made in accordance with the Political Reform Act.

(Ords. 30687, 30768.)

A.

Any independent committee for whom the City Clerk is the regular filing official that makes a payment or payments or a promise of a payment or payments that cumulatively total one thousand dollars ($1,000) or more for an advertisement must file with the City Clerk a report, on a form approved by the City Clerk, disclosing the independent committee's name, address, occupation, and employer, and the amount of the payment. The report must be filed within twenty-four (24) hours of making the payment or the promise to make the payment.

B.

Except as provided in this Section, if any independent committee for whom the City Clerk is the regular filing official has received a payment or a promise of a payment from another person totaling one hundred dollars ($100) or more specifically for the purpose of making the advertisement, the independent committee receiving the payment must disclose on the report the name, address, occupation, and employer of the person who made a payment or promise of a payment, the amount received and the date of the payment.

C.

A person who receives or is promised a payment that is otherwise reportable under this Section is not required to report the payment if the person provides goods or services in the normal course of business and receives or is promised the payment in exchange for providing goods or services.

D.

Any independent committee for whom the City Clerk is the regular filing official must provide within twenty- four (24) hours of its distribution, dissemination, or publication a legible copy to the City Clerk of any advertisement as follows:

If over two hundred (200) printed items were mailed or otherwise distributed, a copy of the advertisement must be provided.

If the advertisement is audio or video, including if distributed solely through the internet or other electronic means, a script must be provided.

If the advertisement is an electronic or digital advertisement, a copy of the advertisement as distributed must be provided.

Implementation of all or parts of this subsection D will be determined by the City Clerk upon a finding that the budgetary and technical resources are available and allocated to collect and process any advertisements that are required to be filed under this subsection.

(Ords. 30687, 30768.)