San Jose Municipal Code Part 2 Campaign Contributions

It is the intent of the city council of the City of San José in enacting this chapter to place realistic and enforceable limits on the amount individuals and independent committees may contribute to political campaigns in municipal office elections for the purpose of preventing the perception by the public that campaign contributors exercise undue or improper influence over elected officials. In order to achieve this purpose it is not necessary to, nor is it the city council's intent to, impose limitations on individuals and committees whose sole objective is the passage or defeat of ballot measures.

(Ords. 24499, 24577, 25257, 26440, 29642, 30768.)

A. Beginning January 1, 2011, the total campaign contribution made by any person to any council candidate and any controlled committee of that candidate, other than the candidate in aid of himself or herself, may not exceed:

1. Five hundred dollars for the primary election;

2. Five hundred dollars for the general election, if any;

3. Five hundred dollars for any special election;

4. Five hundred dollars for any special run-off election, if any.

B. Beginning January 1, 2011, the total campaign contribution made by any person to any mayoral candidate and any controlled committee of that candidate, other than the candidate in aid of himself or herself, may not exceed:

1. One thousand dollars for the primary election;

2. One thousand dollars for the general election, if any;

3. One thousand dollars for any special election;

4. One thousand dollars for any special run-off election, if any.

C. Any Debt Retirement Contribution made by any person to any council or mayoral candidate and any controlled committee of that candidate, other than the candidate in their own aid, are inclusive of and subject to the campaign contribution limits under Subsections A and B.

D. The total Election Contest or Recount contribution made by any person to any council or mayoral candidate and any controlled committee of that candidate, other than the candidate in aid of himself or herself, may not exceed:

1. One thousand one hundred dollars for the Election Contest or Recount contribution after the primary election;

2. One thousand one hundred dollars for the Election Contest or Recount contribution after the general election, if any;

3. One thousand one hundred dollars for the Election Contest or Recount contribution for any special election;

4. One thousand one hundred dollars for the Election Contest or Recount contribution for any special run-off election, if any.

E. Two hundred and eighty (280) days before every regularly scheduled primary municipal election, the City Clerk must determine whether the cost of living, as shown on the Consumer Price Index (CPI) for all items (with a base period of 1982-1984=100) for All Urban Consumers in the San Francisco-Oakland-Hayward area as published by the U.S. Department of Labor, Bureau of Statistics, has increased during the "adjustment period" as defined in this Section.

1. Each adjustment period will be the CPI reported for the month of December 2010 and the CPI reported for the month that is at least two hundred and eighty days (280) days before the regularly scheduled primary municipal election.

2. If the CPI has increased for the applicable adjustment period, the City Clerk must multiply the contribution limits established in Subsections A. and B. by the percentage increase for the adjustment period. If the calculation results in an amount that is higher than the previously established contribution limit(s) when rounded to the nearest one hundred dollars ($100), the City Clerk will recommend that the City Council adopt a resolution adjusting the contribution limit(s) established in Subsections A. and/or B. by the percentage increase rounded to the nearest one hundred dollars ($100). The contribution limit established in Subsection D. shall be the same as the limits established in Subsection B., as adjusted.

3. In the event the City Council adopts a resolution adjusting the contribution limits, the City Clerk will publish the adjusted contribution limits for the regularly scheduled primary municipal election.

4. In the event the CPI is no longer published, the City Clerk will use as a reference another index published by either the State of California or a federal department or agency that is charged with the responsibility of measuring the cost of living in the geographical area that includes the City of San José.

(Ords. 24499, 24577, 24845, 25257, 25445, 26440, 28654, 28861, 28985, 29642, 29793, 30231, 30768.)

No person shall make nor shall any person solicit or accept any contribution which will cause the total amount contributed by such person to a council candidate, mayoral candidate or any controlled committee of that candidate, other than the candidate in aid of himself or herself, to exceed the campaign contribution limitations set forth in Section 12.06.210.

(Ords. 29310, 29642, 30768.)

A

"Agent" shall mean any person who:

1. Has express or implied authority to make or to authorize the making of expenditures on behalf of a candidate; or

2. Has been placed in a position within the campaign organization where it would reasonably appear that in the ordinary course of campaign-related activities he or she may authorize expenditures; or

3. Is serving or has served in an advisory, decision-making, or strategic role with a candidate's campaign, with or without compensation, where that person's duties and/or actions reflect or require direct knowledge of the candidate's campaign strategy, plans and needs; or

4. Is a member of the candidate's office staff, with or without compensation.

B. The prohibitions and requirements of this chapter applicable to a candidate shall also apply to the candidate's agent.

(Ords. 24499, 24577, 25257, 26440, 27291, 29642, 30768, 30926.)

A. No person may make nor may any person solicit or accept any anonymous contribution, gift, subscription, loan, advance, deposit, pledge or promise of money or anything of value for a clearly identified candidate for San José City Council or Mayor.

B. All anonymous contributions must be surrendered to the director of finance for deposit in the general fund of the city, earmarked to defray the costs of municipal elections.

(Ords. 24499, 24577, 25257, 26440, 28654, 29642, 30768.)

No contribution of any amount shall be deposited into a campaign account unless the name, address, occupation and employer of the contributor is on file in the written records of the candidate receiving the contribution.

(Ords. 25257, 26440, 29642, 30768.)

In applying the limitations set forth in this chapter to the contributions of a person, each contribution made under any of the following circumstances shall be deemed to have been made by the person and shall be included in determining whether the applicable limitation for such person has been exceeded:

A. A contribution by an employee over whom the person exercises control as a supervisor or as an owner of the business entity for which the employee works, where the contribution was coerced by the person or made at his or her instigation from monies given or promised to the employee as a gift, bonus or other form of reimbursement for the contribution.

B. A contribution of a spouse or child of the person where the contribution is coerced by the person or made from monies given or promised by the person in instigation of the contribution.

(Ords. 24499, 24577, 25257, 25447, 26440, 29642, 30768.)

Except as otherwise provided in this chapter, contributions by business entities shall be defined and limited in accordance with the Political Reform Act as amended.

(Ords. 24499, 24577, 25257, 25447, 26440, 28280, 29642, 30768.)

A. A cardroom, cardroom owner, officer of a cardroom, key management employee of a cardroom, spouse of a cardroom owner or spouse of a cardroom officer may not make any contribution to candidates or candidate controlled committees under this chapter.

B. Cardroom and cardroom owner are as defined in Chapter 16.02 of this Code.

C. A key management employee of a cardroom is any person who has the authority to hire or fire other employees.

(Ords. 24499, 24577, 25257, 26440, 28624, 28624, 29642, 30768.)

A. No Foreign-Influenced Business Entity shall make any Contribution to a Candidate or Candidate Controlled Committee under this Chapter.

B. No Foreign-Influenced Business Entity shall make an Independent Expenditure in Elections for or against Candidates for City office, nor a Contribution to an Independent Expenditure Committee that has conveyed, implicitly or explicitly, that Contributions to the Committee may be used in Elections for or against Candidates for City office. An Independent Committee may dedicate any Contributions that do not comply with the restrictions under this Section for use in elections outside the City or for other lawful purposes.

C. No Foreign-Influenced Business Entity shall make any Contribution to a Committee or Person that has conveyed, implicitly or explicitly, that Contributions to the Committee or Person may be directly or indirectly used in Elections for or against Candidates for City office.

D. The Business Entity shall also provide a copy of the statement of certification to any Committee or Person to which it contributes.

E. Any Business Entity making a Contribution to a Candidate for City office or making an Independent Expenditure or contributing to an Independent Expenditure Committee for or against Candidates for City office shall, within seven (7) business days after making such expenditure or Contribution, file with the City Clerk a statement of certification signed by its chief executive officer or president under penalty of perjury, avowing that after due inquiry, the Business Entity was not a Foreign-Influenced Business Entity as defined under the San José Municipal Code on the date such expenditure or Contribution was made. The Business Entity shall also provide a copy of the statement of certification to any Candidate-Controlled Committee or Independent Expenditure Committee to which it contributes. The statement of certification shall include the following:

1. The name and mailing address of the Business Entity;

2. For each Contribution or expenditure, the amount, date, and recipient;

3. The statement "I certify, after due inquiry and under penalty of perjury, that, on the date(s) on which the referenced contribution(s) or expenditure(s) was/were made, [name of business entity] was not a Foreign-Influenced Business Entity as defined by the San José Municipal Code"; and

4. The signature of the Business Entity's chief executive officer or president.

F. It shall be unlawful for a Business Entity that is subject to this Section to fail to timely file the statement of certification. The penalty for any violation of this Section is the lesser of the following: (i) the amount of the contribution or expenditure for which certification was required, or (ii) $500.00.

(30993.)

Editor's note— Ord. 28654, § 4, adopted November 3, 2009, repealed § 12.06.280, which pertained to contribution limitations to mayoral candidates.

A. No person shall solicit or accept any campaign contribution or deposit any contributions for any campaign into any municipal campaign bank account, except during a campaign contribution period set forth in this Section.

B. The campaign contribution period for the primary municipal election for council or mayor shall:

1. Begin on the two hundred and tenth day before the primary municipal election.

2. End at 11:59 p.m. on the day before the primary municipal election.

C. The campaign contribution period for the run-off municipal election for council or mayor shall:

1. Begin on the day after the primary municipal election for that office.

2. End at 11:59 p.m. on the day before a run-off municipal election for that office.

D. The Debt Retirement Contribution period for the primary election for council or mayor shall:

1. Begin on the date of the primary municipal election for that office.

2. End at 11:59 p.m. on the sixtieth day from the date of the primary municipal election.

E. The Debt Retirement Contribution period for the run-off municipal election for council or mayor shall:

1. Begin on the date of the run-off municipal election.

2. End at 11:59 p.m. on the sixtieth date from the date of the run-off municipal election.

F. The Election Contest or Recount contribution period for the primary municipal election for council or mayor shall:

1. Begin on the date of the primary municipal election.

2. End at 11:59 p.m. on the one hundred eightieth day from the date of the primary municipal election.

G. The Election Contest or Recount contribution period for the run-off municipal election for council or mayor shall:

1. Begin on the date of the run-off municipal election.

2. End at 11:59 p.m. on the one hundred eightieth day from the date of the run-off municipal election.

H. Any contribution which is received outside of any campaign contribution period for an election shall not be accepted or deposited but shall be returned to the contributor or donor within five business days.

(Ords. 24499, 24577, 25257, 25525, 25942, 26440, 28213, 28985, 29642, 29793, 30768.)

A. A candidate must disclose the source of all personal funds deposited into his or her campaign bank account. If the source of the funds is a loan to the candidate, the name and address of the lender and the terms of the loan must also be disclosed.

B. The information required by Subsection A. must be reported, on a form provided by the City Clerk, on or before the date of the next campaign disclosure statement, which must be filed after the funds are deposited into the campaign bank account.

C. A candidate may deposit personal funds into his or her campaign bank account up to 11:59 p.m. on the one hundred eightieth (180th) day after the day of the election for the purpose of paying outstanding debt as set forth in Section 12.06.710.

D. Except as provided in this Section, nothing in this Chapter shall prohibit a candidate from making unlimited contributions to his or her own campaign.

(Ords. 24499, 24577, 25257, 26440, 28985, 29310, 29642, 30687, 30768, 30946.)