San Luis Obispo Municipal Code Ch. 2.40 Election Campaign Regulations

Prior legislation: Ords. 1254 § 3, 1191 § 3, 1067 § 3; prior code §§ 2800—2812.

This chapter may be cited as the election campaign regulations of the city. (Ord. 1643 § 1 (Exh. A), 2017; Ord. 1599 § 2, 2014; Ord. 1538 § 1, 2010; Ord. 1483 § 1, 2005; Ord. 1333 § 1, 1998)

A. It is the purpose and intent of this chapter:

1. To promote integrity, honesty, fairness, and transparency in municipal election campaigns.

2. To prevent corruption, or the appearance of corruption, which results from the real or imagined influence of large contributions on the conduct or actions of candidates elected to office.

3. To ensure a level of discussion of public issues adequate for a viable campaign by providing voters with the information necessary to make an assessment of each candidate or measure before voting.

4. To require public disclosure of campaign contributions and expenditures made in support of or in opposition to candidates or measures in municipal elections.

5. To place realistic and enforceable limits on the amounts persons may contribute in municipal election campaigns.

6. To ensure that funds contributed to a campaign committee are used solely for campaign purposes.

7. To provide full and fair enforcement of all the provisions of this chapter.

B. By enacting this chapter, the council does not intend to deprive or restrict any citizen of the exercise of rights guaranteed under the United States Constitution and the California Constitution.

C. The city council takes specific notice of the findings and declarations made in the Political Reform Act and finds and declares them applicable to San Luis Obispo and a basis for enacting this chapter.

D. It is the intent of this chapter to impose limits on the amount of money that may be contributed to a candidate or controlled committee to achieve the purposes specified in this section. This chapter is not intended, and shall not be construed, to establish any reporting, filing, or procedural requirement in addition to, or different from, the Political Reform Act or the regulations adopted by the Fair Political Practices Commission (FPPC), except as specifically set forth in Sections 2.40.050 and 2.40.090 infra. (Ord. 1643 § 1 (Exh. A), 2017; Ord. 1599 § 2, 2014; Ord. 1538 § 1, 2010; Ord. 1483 § 1, 2005; Ord. 1333 § 1, 1998)

The terms used in this chapter shall have the same definitions as specified in the Political Reform Act and FPPC regulations. In those cases where definitions in the Political Reform Act or FPPC regulations contain a specific reference to any state election, candidate, or electoral criteria, the definition shall be modified to reflect the municipal equivalent, or, in the absence of a municipal equivalent, to delete the specific reference. (Ord. 1643 § 1 (Exh. A), 2017; Ord. 1599 § 2, 2014; Ord. 1538 § 1, 2010; Ord. 1483 § 1, 2005; Ord. 1407 § 1, 2002; Ord. 1333 § 1, 1998)

A. Contributions by Persons to Candidates and/or Controlled Committees. No person shall make any contribution to a candidate and/or any controlled committee connected with that candidate, with respect to any single election, which would cause the total amount contributed by such person to the candidate and any controlled committee connected with that candidate, when combined, to exceed five hundred dollars.

B. Acceptance or Solicitation by Candidates or Controlled Committees. No candidate or controlled committee shall solicit or accept any contribution from any person which would cause the total amount contributed by such person, with respect to any single election, to the candidate and/or any controlled committee connected with that candidate, when combined, to exceed the sum of five hundred dollars.

C. Contributions by Candidates. The provisions of subsections A and B of this section shall not apply to contributions from a candidate or from his or her immediate family to any controlled committee connected with that candidate, nor to the expenditure, by the candidate, of his or her personal funds. For purposes of this section, “immediate family” means a candidate’s or elected officeholder’s spouse or domestic partner, and/or dependent children.

D. Anonymous Contributions. No candidate or controlled committee shall accept anonymous contributions, with respect to any single election, which exceed fifty dollars. Subject to the provisions of state law, in the event a candidate or controlled committee receives an anonymous contribution that would result in a violation of this subsection, the candidate or controlled committee shall promptly pay that sum to the city for deposit into the general fund to be used to defray the costs of municipal elections. (Ord. 1755 § 2, 2026; Ord. 1733 § 1, 2024; Ord. 1643 § 1 (Exh. A), 2017; Ord. 1599 § 2, 2014; Ord. 1538 § 1, 2010; Ord. 1483 § 1, 2005; Ord. 1407 § 3, 2002; Ord. 1333 § 1, 1998. Formerly 2.40.050)

A. Campaign Bank Accounts. An individual who plans to run for a city elective office and who plans to accept contributions and make campaign-related expenditures must set up a campaign bank account at a financial institution with a branch located in the city of San Luis Obispo.

B. Access to Records by City Clerk. The city clerk shall have full access at all reasonable hours to the bank’s records concerning all election campaign accounts. (Ord. 1643 § 1 (Exh. A), 2017; Ord. 1599 § 2, 2014; Ord. 1538 § 1, 2010; Ord. 1483 § 1, 2005; Ord. 1407 §§ 4, 5, 6, 2002; Ord. 1333 § 1, 1998. Formerly 2.40.060)

A. Required Filing Schedule. Every campaign treasurer shall file with the city clerk campaign statements as required by the provisions of the Government Code and in a format acceptable to the city clerk.

B. Contents. Each state campaign statement filed shall contain the information required under the provisions of the Government Code and any contributions greater than fifty dollars.

C. Filing. Each document required to be filed in this chapter shall be filed with the city clerk, and elsewhere as may be required by the Government Code, in accordance with such deadlines as may be specified by the elections official or otherwise required by applicable law.

D. Publication. The city clerk shall promptly, following receipt for filing, post a copy of each campaign statement on the city of San Luis Obispo’s website for public inspection, redacting personal information in accordance with state law. The city clerk shall report on the website of any candidate and/or committee that has failed to comply by the required deadline with the campaign statement requirements pursuant to this section or state law. In addition, the city clerk shall cause to be published a display ad in a newspaper of general circulation advising the public how and where to access copies of the filed campaign statements on the city of San Luis Obispo’s website, at the time mail ballots are distributed for said election.

E. Electronic Campaign Disclosure. Each candidate, candidate controlled committee and independent committee that is required to file a semi-annual campaign statement, a pre-election campaign statement, or an amended campaign statement with the city clerk pursuant to the Political Reform Act, and that receives a total of two thousand dollars or more in contributions or makes a total of two thousand dollars or more in independent expenditures, shall file the statement with the city clerk in an electronic format.

1. In addition to any other report required by this section, all persons subject to the requirements of this section shall file the following reports with the city clerk in an electronic format:

a. A report disclosing a contribution received by or made to a candidate or local ballot measure, or an independent expenditure made for or against a candidate or local ballot measure, of two thousand dollars or more during an election cycle. The report shall be filed within twenty-four hours of the independent expenditure or receipt of the contribution.

b. A report disclosing a contribution received by or made to a candidate or a local ballot measure, or an independent expenditure made for or against a candidate or local ballot measure, of two thousand dollars or more at any time other than during an election cycle. The report shall be filed within ten business days of the independent expenditure or receipt of the contribution.

2. A candidate or committee that has filed an electronic statement or report is not required to file a paper copy.

3. Once a candidate or committee is subject to the electronic filing requirements imposed by this section, the candidate or committee will remain subject to the electronic filing requirements until the candidate or committee files a termination statement pursuant to the Political Reform Act.

4. Any candidate or committee not required to file an electronic statement or report by this section may voluntarily opt to file an electronic statement or report by submitting written notice to the city clerk’s office. A candidate or committee that opts to file an electronic statement or report is not required to file a paper copy. (Ord. 1682 §§ 4, 5, 2020; Ord. 1599 § 2, 2014; Ord. 1538 § 1, 2010; Ord. 1483 § 1, 2005; Ord. 1407 § 7, 2002; Ord. 1333 § 1, 1998. Formerly 2.40.070)

Repealed by Ord. 1667. (Ord. 1643 § 1 (Exh. A), 2017; Ord. 1599 § 2, 2014; Ord. 1538 § 1, 2010; Ord. 1483 § 1, 2005; Ord. 1407 § 14, 2002. Formerly 2.40.080)

A. Duties. In addition to any other duties required of the city clerk under this chapter, the city clerk shall:

1. Prescribe and furnish, without charge, appropriate forms for all campaign statements, documents and reports required to be filed by this chapter.

2. Determine whether required statements and declarations have been filed and, if so, whether they conform on their face with the requirements of this chapter.

3. Promptly notify all persons who have failed to file a statement in the form and at the time required by this chapter.

4. Report, in writing, apparent violations of this chapter to the city attorney.

5. Promptly, following receipt for filing, post a copy of each campaign statement on the city of San Luis Obispo’s website for public inspection. The city clerk shall report on the website of any candidate and/or committee that has failed to comply by the required deadline with the campaign statement requirements pursuant to this section or state law. In addition, the city clerk shall cause to be published one display ad in a newspaper of general circulation advising the public how and where to access copies of the filed campaign statements on the city of San Luis Obispo’s website.

6. Compile and maintain a current log of all filed statements pertaining to each reporting committee. (Ord. 1643 § 1 (Exh. A), 2017; Ord. 1599 § 2, 2014; Ord. 1538 § 1, 2010; Ord. 1483 § 1, 2005; Ord. 1407 § 8, 2002; Ord. 1333 § 1, 1998. Formerly 2.40.090)

Any person who violates any provision of this chapter is guilty of a misdemeanor. Any person who causes any other person to violate any provision of this chapter, or who aids and abets any other person in the violation of any provision of this chapter, shall be liable under the provisions of this section. (Ord. 1643 § 1 (Exh. A), 2017; Ord. 1599 § 2, 2014; Ord. 1538 § 1, 2010; Ord. 1483 § 1, 2005; Ord. 1333 § 1, 1998. Formerly 2.40.100)

A. Any person who intentionally or negligently violates any provision of this chapter relating to campaign contribution limits or disclosures may be liable in a civil action brought by the city attorney or by a person residing within the city for an amount not more than three times the amount of the unlawful contribution or expenditure. If, after consultation with the city clerk and review of the facts surrounding an alleged violation, the city attorney does not find the alleged violation to warrant the filing of a civil action and/or criminal prosecution, the city clerk may issue a notice of violation and/or administrative citation pursuant to Chapter 1.24.

B. If any person files an original city campaign statement after any deadline imposed by this chapter, he or she shall pay, in addition to any other penalties provided for under this chapter, the sum of one hundred dollars per day after the deadline until the statement or report is filed. Liability may not be enforced if on an impartial basis the city clerk determines that the late filing was not willful and that enforcement of the liability will not further the purposes of this chapter. In addition, the city clerk may assess any applicable fines in accordance with state law.

C. If two or more persons are responsible for any violation, they shall be jointly and severally liable.

D. Any person, before filing a civil action pursuant to this section, shall first file with the city attorney a written request for the city attorney to commence the action or the city clerk to issue a notice of violation as provided in subsection A of this section. The request shall contain a statement of the grounds for believing a cause of action exists and/or a violation has occurred. The city attorney and/or the city clerk shall respond within ten days after receipt of the request indicating whether he or she intends to file a civil action, notice of violation or administrative citation. If the city attorney or the city clerk indicates in the affirmative and files a suit or serves a notice of violation and/or administrative citation within thirty days thereafter, no other action may be brought, unless any action by the city attorney or city clerk is dismissed without prejudice.

E. In determining the amount of liability, the court may take into account the seriousness of the violation and the degree of culpability of the defendant. If a judgment is entered against the defendant or defendants in an action, the plaintiff shall receive fifty percent of the amount recovered. The remaining fifty percent shall be deposited into the city treasury. In an action brought by the city attorney, the entire amount shall be paid to the city treasury.

F. No civil action alleging a violation of any provision of this chapter shall be filed more than four years after the date the violation occurred. (Ord. 1682 § 5, 2020; Ord. 1643 § 1 (Exh. A), 2017; Ord. 1599 § 2, 2014; Ord. 1538 § 1, 2010; Ord. 1483 § 1, 2005; Ord. 1407 § 9, 2002; Ord. 1333 § 1, 1998. Formerly 2.40.110)

The city attorney or any person residing in the city may sue for injunctive relief to enjoin violations or to compel compliance with the provisions of this chapter. (Ord. 1643 § 1 (Exh. A), 2017; Ord. 1599 § 2, 2014; Ord. 1538 § 1, 2010; Ord. 1483 § 1, 2005; Ord. 1333 § 1, 1998. Formerly 2.40.120)

The court may award to a plaintiff or defendant who prevails in any action authorized by this chapter his or her costs of litigation, including reasonable attorneys’ fees; provided, however, no costs of litigation or attorneys’ fees shall be awarded against the city. (Ord. 1643 § 1 (Exh. A), 2017; Ord. 1599 § 2, 2014; Ord. 1538 § 1, 2010; Ord. 1483 § 1, 2005; Ord. 1333 § 1, 1998. Formerly 2.40.130)

A. This chapter shall be in addition to all other city and state laws applicable to municipal elections. Unless the contrary is stated or clearly appears from the context, the definitions and terms set forth in the Government Code shall govern the interpretations of terms used in this chapter. This chapter shall be construed liberally in order to effectuate its purposes.

B. If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the validity of the remainder of the chapter and the applicability of such provision to other persons and circumstances shall not be affected thereby. (Ord. 1643 § 1 (Exh. A), 2017; Ord. 1599 § 2, 2014; Ord. 1538 § 1, 2010; Ord. 1483 § 1, 2005; Ord. 1333 § 1, 1998. Formerly 2.40.150)

A. Appointment. The council may appoint a committee of at least five citizens to study the efficacy of this chapter. (Ord. 1643 § 2, 2017; Ord. 1599 § 2, 2014; Ord. 1538 § 1, 2010; Ord. 1483 § 1, 2005; Ord. 1407 § 10, 2002; Ord. 1333 § 1, 1998. Formerly 2.40.160)

Repealed by Ord. 1643. (Ord. 1599 § 2, 2014; Ord. 1538 § 1, 2010; Ord. 1483 § 1, 2005; Ord. 1407 § 11, 2002; Ord. 1333 § 1, 1998. Formerly 2.40.170)