San Juan Capistrano Municipal Code Art. 1 Campaign Contributions

It is the intent of the Council in enacting this article to place reasonable limits upon campaign contributions in municipal elections to assure that the amount of money contributed by any person does not materially influence the outcome of any election. The Council finds, in this regard, that municipal elections constitute municipal affairs and that the reasonable regulation thereof as set forth in this article is not prohibited by the general laws of the State.

(§ 1, Ord. 341)

(a) Definitions. The following definitions used in this article shall have the meanings set forth below. Except as otherwise provided here, the terms and provisions of this article shall be interpreted in accordance with the applicable definitions and provisions of the Political Reform Act of 1974, as amended (Government Code Section 81000 et seq.) and the regulations of the California Fair Political Practices Commission, as amended.

"Candidate"

shall mean an individual who:

(1)

Is listed on the ballot; or

(2)

Has qualified to have write-in votes on his or her behalf counted by election officials for nomination or election to any elective city office; or

(3)

Has given his or her consent for any other person to receive a contribution or make an expenditure with the intention of bringing about his or her nomination for or election to any elective city office, whether or not the specific elective office for which he or she will seek nomination or election is known at the time the contribution is received or the expenditure is made and whether or not he or she has announced his or her candidacy or filed a declaration of candidacy; or

(4)

Has filed a form “statement of intention” to be a candidate with the City Clerk. “City” shall mean City of San Juan Capistrano.

"Committee"

shall have the same meaning as the term is defined in Section 82013 of the Government Code, as amended.

"Contribution"

shall have the same meaning as the term is defined in Section 82015 of the Government Code, as amended.

"Controlled committee"

shall have the same meaning as the term is defined in Section 82016 of the Government Code, as amended.

"Election"

shall mean any regular municipal or special municipal election in the City.

"Expenditure"

shall have the same meaning as the term is defined in Section 82025 of the Government Code, as amended.

"Independent committee"

shall mean all committees, other than controlled committees, who make “independent expenditures” as defined herein.

"Independent expenditure"

shall have the same meaning as the term is defined in Section 82031 of the Government Code, as amended.

"Person,"

for purposes of this article, shall include 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.

"Political Reform Act"

shall mean the California Political Reform Act of 1974 (Government Code Sections 81000 et seq., as amended).

"Statement of intention"

shall mean the written statement, filed with the City Clerk in accordance with Government Code Section 85200 and regulations thereunder, declaring intention to be a candidate for a specific elective city office.

(b) Scope.

(1) Ballot Measures. This article shall not prohibit any person from soliciting or accepting contributions from other persons for the purpose of supporting, opposing or otherwise proving information about a ballot measure.

(2) Independent Committees. This article shall not prohibit an independent committee from soliciting or accepting contributions from persons for the purpose of making independent expenditures.

(3) Candidate’s Personal Funds. This article shall not prohibit a candidate from contributing his or her own money or property, including a loan, to his or her own campaign in aid of him or herself, provided however, no candidate shall make loans to his or her own campaign or his or her own controlled committee where the outstanding total, at any one point in time, is more than $20,000.

(4) Membership Communications. This article shall not apply to or prohibit “membership communications,” as that term is defined in Section 85703 of the Government Code, as amended.

(5) Commercial Loans. The provisions of this article regarding loans and extensions of credit shall not apply to loans or extensions of credit made by a commercial lending institution in the lender’s regular course of business on terms available to members of the general public and for which the loan recipient is personally liable.

(Ord. No. 1011, § 4, 2014)

(a) Contributions. The total campaign contribution made by any person to any candidate and any controlled committee of that candidate may not exceed $500 for any municipal election. The limit set forth in this subsection shall be adjusted every two years by resolution of the City Council pursuant to subsection (d), herein.

(b) Loans. The total loan(s) made by any person to any candidate and any controlled committee of that candidate may not exceed $500 for any municipal election. The limit set forth in this subsection shall be adjusted every two years by resolution of the City Council pursuant to subsection (d), herein.

(c) Extension of Credit. No person shall extend credit, and no candidate or controlled committee of that candidate shall solicit or accept any extension of credit which will extend beyond 90 days from the date upon which the debt is incurred by the candidate or controlled committee.

(d) Adjusting for Cost of Living Changes. The campaign contribution and loan limits set forth in subsections (a) and (b), respectively, shall be reviewed and, if necessary, adjusted in January at two year intervals beginning in 2016 by the City Clerk to reflect annual changes in the Consumer Price Index (CPI) over the previous two year period. The City Clerk shall use the annual percent change in the Consumer Price Index for All Urban Consumers (CPI-U) in the selected local area of Los Angeles - Riverside - Orange County, CA, to determine the appropriate rate of increase, if any. The City Clerk shall compute the adjustment for each year separately, adding the adjustment for each year to the prior year’s limit and then rounding the total adjusted amount to the nearest ten dollar ($10.00) increment for the two year period. The new proposed limit representing the rounded total adjustments for the previous two year period shall be presented to the City Council for approval by resolution.

(Ord. No. 1011, § 4, 2014)

No person shall make an anonymous contribution or contributions to a candidate, committee or any other person totaling $100 or more in any municipal election. An anonymous contribution of $100 or more shall not be kept by the intended recipient but instead shall be promptly paid to the Director of Finance for deposit in a special fund of the City to be used to defray the costs of municipal elections.

(Ord. No. 1011, § 4, 2014)