Chapter 2.90 — ELECTIONS AND CAMPAIGN CONTRIBUTIONS

Sections:

• 2.90.010 Purpose and intent.
• 2.90.020 Definitions.
• 2.90.030 Campaign contribution checking account.
• 2.90.040 Liquidation of accounts.
• 2.90.050 Accountability.
• 2.90.060 Campaign contributions limitation.
• 2.90.070 Assumed name contributions.
• 2.90.080 Expenditures uncontrolled by a candidate or a controlled committee.
• 2.90.085 Independent expenditure reports.
• 2.90.086 Independent expenditures by outside parties.
• 2.90.087 "Ad paid for by" disclosure.
• 2.90.088 Disclosure of top contributors.
• 2.90.089 Disclosures in radio or telephone advertisements.
• 2.90.090 Disclosure in video advertisements.
• 2.90.091 Disclosure in print advertisements designed for individual distribution.
• 2.90.092 Disclosure in electronic media advertisements.
• 2.90.093 Radio or television advertisement - non-independent expenditure.
• 2.90.094 Advertisements paid for by independent expenditure.
• 2.90.095 Advertisements on online platforms.
• 2.90.096 Advertisements in text messages.
• 2.90.097 Prohibition against avoidance of disclosure of top contributors.
• 2.90.098 Disclosure statement in advertisements paid for by independent expenditures.
• 2.90.099 Updating disclosure of top contributors in advertisements.
• 2.90.100 Mass mailing.
• 2.90.101 Enforcement–Violation–Penalties.
• 2.90.102 Application of limitation upon amendment of chapter or adjustment of limitation.
• 2.90.110 Burden of proof.
• 2.90.120 Rules of construction.
• 2.90.130 Severability.

Inherent to the cost of election campaigning is the problem of improper influence, real or potential, exercised by campaign contributors over elected officials. It is the purpose and intent of the city council in enacting the ordinance codified in this chapter to preserve an orderly political forum in which individuals and groups may express themselves effectively; to place realistic and enforceable limits on the amounts of money that may be contributed to political campaigns in municipal elections for city offices; to limit the use of loans and credit in the financing of municipal election campaigns; and to provide

full and fair enforcement of all the provisions of this chapter. (Ord. 2014-04-1469 §1 (part): Ord. 93-11-1170 § 2: Ord. 85-10-962 § 1 (part))

For the purpose of this chapter, the following definitions shall apply: A. “Campaign contribution limitation” means contributions over a given election cycle from the contributing person in support of or in opposition to any candidate, including contributions to all the candidate’s controlled committees, of $440 for the 2006 election cycle, provided, that such dollar limit shall increase by 12% on January 1, 2010, and by the same percentage on January 1st of every fourth year thereafter. This amount shall be rounded up or down to the nearest amount divisible evenly by $25. B. “City office” means an elected office of the city, including the city council, the city clerk and city treasurer, or any other office which shall become elective in the future. C. “Election cycle” means:

1. For an incumbent candidate seeking re-election, a period beginning from the date the office holder assumes his or her city office for his or her present term, and ending on the date the newly elected person assumes the city office following the election in which the candidate seeks re-election;
2. For an incumbent city office holder raising funds for election to any other city office, a period of two years prior to the date of the election for the city office sought;
3. For non-incumbent candidates in any regular election for city office, a period commencing from the date of the last regular election and ending on the date of the election for the city office sought;
4. For non-incumbent candidates in any special elections for city office, a period beginning from the date the special election is set for the ballot and ending on the date of the special election for the city office sought. D. “Express advocacy” means communications that advocate support or opposition of a clearly identified candidate or ballot measure. A communication expressly advocates support or opposition when it uses words such as “vote for,” “elect,” “support,” “cast your ballot,” “vote against,” “defeat,” “reject,” “sign petitions for,” or the communication, taken as a whole, unambiguously urges a particular result in an election. E. “Independent expenditure” means:
5. an expenditure having a value of one-hundred dollars ($100) or greater, made by any person in connection with a

communication which expressly advocates the election or defeat of a clearly identified candidate or the qualification, passage or defeat of a clearly identified measure, or taken as a whole and in context, unambiguously urges a particular result in an election but which is not made to or at the behest of the affected candidate or committee. 2. An independent expenditure is made on the date the payment is made, services are rendered, or consideration, if any, is received, whichever is earlier. 3. An expenditure made at the behest of the affected candidate or committee is not an independent expenditure. F. For purposes of this chapter, street address means the street name and building number, and the city, state, and ZIP Code, or the Army and Air Force Post Office (A.P.O.) or Fleet Post Office (F.P.O.) address assigned by the United States government to an individual or a dependent who resides with the individual when the individual is on government duty outside the United States and does not have a conventional street address. G. For purposes of this chapter, spouse shall include Domestic Partner as defined by Section 297 of the Family Code of California. H. "Advertisement" means:

1. Any general or public communication that is authorized and paid for by a committee for the purpose of supporting or opposing a candidate or candidates for elective office or a ballot measure or ballot measures.
2. The definition of "advertisement" does not include any of the following: i. A communication from an organization, other than a political party, to its members. ii. An electronic media communication addressed to recipients, such as email messages or text messages, from an organization to persons who have opted in or asked to receive messages from the organization. This subsection (H)(2)(ii) does not apply to a customer who has opted in to receive communications from a provider of goods or services, unless the customer has provided express approval to receive political messages from that provider of goods or services. iii. Any communication solicited by the recipient, including, but not limited to, acknowledgements for contributions or information that the recipient communicated to the organization, or responses to an electronic message sent by the recipient to the same mobile number or email address. iv. A campaign button smaller than 10 inches in diameter; a bumper sticker smaller than 60 square inches; or a small

tangible promotional item, such as a pen, pin, or key chain, upon which the disclosure required cannot be conveniently printed or displayed. v. Wearing apparel. vi. Sky writing. vii. Any other type of communication, as determined by the regulations of the Fair Political Practices Commission, for which inclusion of the disclosures required by Sections 2.90.087 to 2.90.099, inclusive, is impracticable or would severely interfere with the committee's ability to convey the intended message due to the nature of the technology used to make the communication. I. "Cumulative contributions" means the cumulative amount of contributions received by a committee beginning 12 months before the date of the expenditure and ending seven days before the time the advertisement is sent to the printer or broadcaster. J. 'Top contributors" means the persons from whom the committee paying for an advertisement has received its three highest cumulative contributions of fifty thousand dollars ($50,000) or more. A tie between two 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. K. "Mass mailing" means over 200 substantially similar pieces of mail, but does not include a form letter or other mail which is sent in response to an unsolicited request, letter or other inquiry. L. "Online platform" means a public-facing internet website, web application, or digital application, including a social network, ad network, or search engine, which sells advertisements directly to advertisers. A public-facing internet website, web application, or digital application is not an online platform for purposes of this article to the extent that it displays advertisements that are sold directly to advertisers through another online platform. M. "Online platform disclosed advertisement" means either of the following:

1. A paid electronic media advertisement on an online platform made via a form of electronic media that allows users to engage in discourse and post content, or any other type of social media, for which the committee pays the online platform, unless all advertisements on the platform are video advertisements that can comply with Section 2.90.090. Individual posts, comments, or other similar communications are not considered online platform disclosed advertisements if they are posted without payment to the online platform.
2. A paid electronic media advertisement on an online platform that is not any of the following: i. A graphic, image, animated graphic, or animated image that the online platform hosting the advertisement allows to hyperlink to an internet website containing required disclosures, as described in subsection (B) of Section 2.90.092. ii. Video, audio, or email. iii. Electronic media advertisements that are not online platform disclosed advertisements as defined in subsection (M)(2) (ii) shall follow disclosure requirements for electronic media advertisements under Section 2.90.092. (Ord. 2020-06-1513 §2: Ord. 2014-04-1469 §1 (part): Ord. 2010-04-1412 §§1, 2: Ord. 2006-08-1362 §1)

Each candidate and each controlled committee shall establish a campaign contribution checking account within five business days following receipt of a contribution, but no later than five business days after the candidate files his or her nomination papers, whichever shall first occur. Each committee shall establish a campaign contribution checking account within five business days following receipt of a contribution. The name of the bank and the number of the account shall be filed with the city clerk within five business days after the opening of the account. All contributions of money or checks, or anything of value converted by the candidate or committee to money or a check, made to a candidate, to a person on behalf of a candidate, or to a committee shall be placed in the candidate’s or committee’s checking account within five business days after receipt thereof. A candidate and his or her controlled committee shall establish and maintain one joint checking account. A candidate’s personal campaign funds, and including contributions from the candidate’s spouse, shall also be placed in his or her campaign contribution checking account before being disbursed for use in his or her campaign. (Ord. 2014-04-1469 §1 (part): Ord. 93-11-1170 § 4: Ord. 85-10-962 § 1 (part))

In the event that payment has been made for all goods and services furnished in connection with the campaign of a candidate or controlled committee, a campaign contribution checking account may be liquidated by paying the remaining balance in the account to the candidate or controlled committee for use in any lawful manner. In the event that payment has been made for all goods and services furnished in connection with the activities of a committee other than a controlled committee, a campaign contribution checking account may be liquidated by paying the remaining balance to the city treasurer for deposit into the city’s general fund.

(Ord. 2014-04-1469 §1 (part): Ord. 93-11-1170 § 5: Ord. 85-10-962 § 1 (part))

A. Contribution Checks-Auditing. Each candidate or committee establishing a campaign contribution checking account shall designate an individual as treasurer, who shall maintain a record which shall include copies of checks of every contribution received, and be in sufficient detail to permit an auditing of the account. B. Filing Campaign Statements. The treasurer of a candidate or committee formed, or existing, primarily to support or oppose a candidate or candidates for city office, or active only within the city and involved in any election for city office, shall prepare a campaign statement on a form prescribed by the city clerk and file same with the city clerk at the following times:

1. On the dates required for filing of campaign statements under Article 2 of Chapter 4 of the California Political Reform Act (Government Code §84200-84225).
2. On the fourteenth day after any municipal election at which the candidate is seeking office covering the period ending 16 days prior to the election through the second Thursday following the election. C. Report Contents. The campaign statements required to be filed with the city clerk shall disclose the total amount of contributions received and expenditures made, the name of each person who contributed one hundred dollars or more, the name of each person to whom an expenditure was made, and all other information required under Government Code §

D. Public Records. The campaign statements described in this section, and all information filed with the city clerk in connection with campaign statements shall be deemed to be public records and shall be subject to public disclosure upon request. (Ord. 2014-04-1469 §1 (part): Ord. 2010-04-1412 §3: Ord. 2006-08-1362 § 2)

A. No person, other than a candidate or the candidate’s spouse, shall make, no candidate or committee shall solicit or accept, and no person working for a candidate or a committee shall solicit or accept, any contribution in excess of the campaign contribution limitation. This section shall not limit contributions to the campaign made personally by the candidate, or the candidate’s spouse, from his or her own funds; provided such contributions are placed into the campaign contribution checking account pursuant to Section 2.90.030, and further provided, that the candidate, or spouse, is not acting as an agent or intermediary for any other person. B. Extensions of credit to a candidate or committee for purposes of aiding the political activity of a candidate or committee in amounts of more than the campaign contribution limitation and for periods of longer than sixty days are prohibited; provided, that a candidate may personally borrow funds where such funds will be the candidate’s personal contribution to his or her campaign if the loan is a bona fide loan made on such terms and conditions comparable to those available from commercial lending institutions for loans not made for political purposes, including payment of a reasonable rate of interest and a reasonable, specific repayment schedule. The loan shall be made in the form of a loan agreement, promissory note or other appropriate written document, which document shall be maintained and made available pursuant to Section 2.90.050. C. The terms of this chapter are applicable to any contribution, whether it is used in a current campaign, or to pay deficits incurred in prior campaigns, or otherwise. (Ord. 2014-04-1469 §1 (part): Ord. 93-11-1170 § 7: Ord. 89-05-1032 §1; Ord. 85-10-962 § 1 (part))

No contribution shall be made, directly or indirectly, by any person or combination of persons acting jointly in a name other than the name by which he or she or it is identified for legal purposes, nor in the name of any other person or combination of persons, nor anonymously. No person shall make a contribution in the name of any person who is not eligible to vote because of age. No person shall make a contribution in his, her or its name of anything belonging to another person or received from another person on the condition that it be used as a contribution. Whenever it is discovered that a contribution has been received in violation of this section, that contribution shall be returned to whoever made it, and the city clerk shall be notified by the recipient of the contribution of the amount of the contribution and the person to whom it was returned. If the recipient of the contribution cannot ascertain the person who made the contribution, the contribution shall be forwarded to the city treasurer for deposit in the general fund of the city. (Ord. 2014-04-1469 §1 (part): Ord. 93-11-1170 § 8: Ord. 85-10-962 § 1 (part))

Persons not subject to the control of a candidate or a candidate’s controlled committee who make independent expenditures for or against a candidate or identified group of candidates for city office shall indicate clearly on any material published, displayed or broadcast that the expenditure was not authorized by a candidate or a candidate’s controlled

committee whenever such an expenditure, in whole or in part, would have been covered by the provisions of this chapter were it subject to the control of a candidate or a candidate’s controlled committee. (Ord. 2014-04-1469 §1 (part): Ord. 93-11-1170 § 9: Ord. 85-10-962 § 1 (part))

A. Any person or committee meeting the criteria of subsection D of this section, which makes independent expenditures in excess of one hundred dollars ($100.00) in any calendar year, shall file an independent expenditure report with the city clerk. B. Independent expenditure reports required hereunder shall be in a form provided by the city clerk, and shall contain all of the following:

1. The name, street address, and telephone number of the person or committee making the expenditure and of the committee’s treasurer;
2. If the report is related to a candidate, the full name of the candidate and the office for which the candidate seeks nomination or election;
3. The total amount of expenditures related to the candidate during the period covered by the report made to persons who have received less than one hundred dollars;
4. The total amount of expenditures related to the candidate during the period covered by the report made to persons who have received one hundred dollars or more;
5. For each person to whom an expenditure of one hundred dollars or more related to the candidate has been made during the period covered by the report, or for each person who has provided consideration to the maker of the independent expenditure for an expenditure of one hundred dollars or more during the period covered by the report: a. His or her full name, b. His or her street address, c. If the person is a committee, the name of the committee, the number assigned to the committee by the Secretary of State, or if no number has been assigned, the full name and street address of the treasurer of the committee, d. The date of the expenditure, e. The amount of the expenditure, f. A brief description of the consideration for which each such expenditure was made and the value of the consideration if less than the total amount of the expenditure, g. The cumulative amount of expenditures to such person over the period covered by the report.
6. A list of all the filing officers with whom the committee filed its most recent campaign statement. C. The independent expenditure reports required hereunder shall be filed semiannually. On January 31st a report shall be filed for the period covered July 1st through December 31st of the preceding year. On July 31st, a report shall be filed for the period covering January 1st through June 30th of that year. A supplemental independent expenditure report shall also be filed for any independent expenditure which totals in the aggregate one thousand dollars or more and is made for or against any specific candidate for city office, after the closing date of the prior semiannual report period. Such supplemental independent expenditure report shall be in a form provided by the city clerk, and shall be filed within twenty-four hours of the making of the independent expenditure. D. The independent expenditure reporting requirements herein shall apply only to candidates for city office, their controlled committees, committees formed or existing primarily to support or oppose the candidacy of a candidate for city office, to committees formed or existing primarily to support or oppose the qualification of, or passage of, a local ballot measure which is being voted on only in the city, and to city general purpose committees, and to other committees active only within the city. (Ord. 2014-04-1469 §1 (part): Ord. 94-01-1176 § 1)

A. Disclosure of Expenditures.

1. Any person, organization, not-for-profit or political action committee that makes an independent expenditure of one hundred dollars ($100.00) or more in support of or in opposition to any measure or candidate, or group of measures or candidates, in the 40 days preceding an election in which the measure or candidate, or group of measures or candidates, appears on the ballot, shall notify the City Clerk within 24 hours by personal delivery, fax, overnight mail, or other electronic means as authorized by law each time an expenditure which meets this threshold is made.
2. Notification shall consist of submittal of Form 461, 465, 496, or 462, or any other form(s) as published and required by

the Fair Political Practices Commission. 3. The City Clerk shall post a copy of the notice to the City’s website within two business days after receiving the notice. 4. Late independent expenditures shall be reported on subsequent campaign statements in addition to the reports filed pursuant to this section. 5. The person shall also provide to the City Clerk three copies of the communication funded by the expenditure. B. Contents of Notice. The notice shall specify:

1. Each candidate or measure supported or opposed by the expenditure;
2. The amount spent to support or oppose each candidate or measure;
3. Whether the candidate or measure was supported or opposed;
4. The date and amount of each expenditure;
5. A description of the type of communication for which the expenditure was made;
6. The name and address of the person making the expenditure; and
7. The name and address of the payee. C. The notice shall include a statement that the expenditure was not made at the behest of any candidate or ballot measure proponent who benefited from the expenditure; and shall be signed under penalty of perjury by both a responsible officer and the treasurer of the committee making the expenditure. D. Notification to Candidates of Expenditures. The City Clerk shall notify all candidates and committees in each affected race by electronic mail within one business day of receiving notice of the independent expenditures of one hundred dollars ($100.00) or more. This notification will indicate who was supported or opposed by the independent expenditure and include a copy of the communication provided by the person/group making the expenditure. E. Exemption for Regularly Published Newsletters. For purposes of the notification required by subsection (A) of this section, payments by an organization for its regularly published newsletter or periodical, if the circulation is limited to the organization’s members, employees, shareholders, other affiliated individuals and those who request or purchase the publication, shall not be required to be reported. (Ord. 2014-04-1469 §1 (part))

A. Any advertisement not described in subsection (B) of Section 2.90.093 that is paid for by a committee pursuant to Government Code Section 82013(a), other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, shall include.the words "Ad paid for by" followed by the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Government Code Section 84101. B. Any advertisement not described in subsection (B) of Section 2.90.093 that is paid for by a committee pursuant to Government Code Section 82013(a) that is a political party committee or a candidate controlled committee established for an elective office of the controlling candidate shall include the words "Ad paid for by" followed by the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Government Code Section 84101 if the advertisement is any of the following:

1. Paid for by an independent expenditure.
2. An advertisement supporting or opposing a ballot measure.
3. A radio or television advertisement.
4. A text message advertisement that is required to include a disclosure pursuant to Section 2.90.096. C. Any advertisement not described in subsection (B) of Section 2.90.093 that is paid for by a committee pursuant to Government Code Sections 82013(b) or 82013(c) shall include the words "Ad paid for by" followed by the name that the filer is required to use on campaign statements pursuant to Government Code Section 84211(o). D. Notwithstanding subsections (A), (B) and (C), if an advertisement is a printed letter, internet website, or email message, the text described in subsections (A), (B) and (C) may include the words "Paid for by" instead of "Ad paid for by." E. Notwithstanding subsections (A), (B) and (C), if an advertisement is a text message, the text described in subsections (A), (B) and (C) may include the words "Paid for by" or "With," instead of "Ad paid for by." (Ord. 2020-06-1513 §3: Ord. 2014-04-1469 §1 (part))

A. Any advertisement not described in subsection (B) of Section 2.90.93 that is paid for by a committee pursuant to

Government Code Section 82013(a), other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, shall include the words "committee major funding from" followed by the names of the top contributors to the committee paying for the advertisement. If fewer than three contributors qualify as top contributors, only those contributors that qualify shall be disclosed pursuant to this section. If there are no contributors that qualify as top contributors, this disclosure is not required. B. The disclosure of a top contributor pursuant to this section need not include terms such as "incorporated," "committee," "political action committee," or "corporation," or abbreviations of these terms, unless the term is part of the contributor's name in common usage or parlance. C. If this Chapter requires the disclosure of the name of a top contributor that is a committee pursuant to Government Code Section 82013(a) and is a sponsored committee pursuant to Government Code Section 82048.7 with a single sponsor, only the name of the single sponsoring organization shall be disclosed. D. This section does not apply to a committee as defined by Government Code Section 82013(b) or 82013(c). (Ord. 2020-06-1513 §4: Ord. 2014-04-1469 §1 (part))

A. An advertisement paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, that is disseminated over the radio or by telephonic means shall include the disclosures required by Sections 2.90.087, 2.90.088, and 2.90.098 at the beginning or end of the advertisement, read in a clearly spoken manner and in a pitch and tone substantially similar to the rest of the advertisement, and shall last no less than three seconds. B. Notwithstanding the definition of "top contributors" in subsection (J) of Section 2.90.020, radio and prerecorded telephonic advertisements shall disclose only the top two contributors of fifty thousand dollars ($50,000) or more unless the advertisement lasts 15 seconds or less or the disclosure statement would last more than eight seconds, in which case only the single top contributor of fifty thousand dollars ($50,000) or more shall be disclosed. (Ord. 2020-06-1513 §5)

A. An advertisement paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, that is disseminated as a video, including advertisements on television and videos disseminated over the Internet, shall include the disclosures required by Sections 2.90.087 and 2.90.088 at the beginning or end of the advertisement. B. The disclosure required by subsection (A) shall be written and displayed for at least five seconds of a broadcast of 30 seconds or less or for at least 10 seconds of a broadcast that lasts longer than 30 seconds.

1. The written disclosure required by subsection (A) shall appear on a solid black background on the entire bottom one- third of the television or video display screen, or bottom one-fourth of the screen if the committee does not have or is otherwise not required to list top contributors, and shall be in a contrasting color in Arial equivalent type, and the type size for the smallest letters in the written disclosure shall be 4 percent of the height of the television or video display screen. The top contributors, if any, shall each be disclosed on a separate horizontal line separate from any other text, in descending order, beginning with the top contributor who made the largest cumulative contributions on the first line. All disclosure text shall be centered horizontally in the disclosure area. If there are any top contributors, the written disclosures shall be underlined in a manner clearly visible to the average viewer, except for the names of the top contributors, if any.
2. The name of the top contributor shall not have its type condensed or have the spacing between characters reduced to be narrower than a normal non-condensed Arial equivalent type, unless doing so is necessary to keep the name of the top contributor from exceeding the width of the screen. C. An advertisement that is an independent expenditure supporting or opposing a candidate shall include the appropriate statement from Section 2.90.098 in the solid black background described in subsection (B)(1) below all other text required to appear in that area in a contrasting color and in Arial equivalent type no less than 2.5 percent of the height of the television or video display screen. If including this statement causes the disclosures to exceed one-third of the television or video display screen, then it may instead be printed immediately above the background with sufficient contrast that is easily readable by the average viewer. (Ord. 2020-06-1513 §7)

A. A print advertisement designed to be individually distributed, including, but not limited to, a mailer, flyer, or door hanger, that is paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, shall include the disclosures required by Sections 2.90.087, 2.90.088, and 2.90.098, displayed as follows:

1. The disclosure area shall have a solid white background and shall be in a printed or drawn box on the bottom of at least one page that is set apart from any other printed matter. All text in the disclosure area shall be in contrasting color and centered horizontally in the disclosure area.
2. The text shall be in an Arial equivalent type with a type size of at least 10-point.
3. The top of the disclosure area shall include the disclosure required by Sections 2.90.087 and 2.90.088. The text of the disclosure shall be underlined if there are any top contributors.
4. The top contributors, if any, shall each be disclosed on a separate horizontal line separate from any other text, in descending order, beginning with the top contributor who made the largest cumulative contributions on the first line. The name of each of the top contributors shall be centered horizontally in the disclosure area and shall not be underlined. The names of the top contributors shall not be printed in a type that is condensed to be narrower than a normal non-condensed Arial equivalent type.
5. An advertisement supporting or opposing a candidate that is paid for by an independent expenditure shall include the disclosure required by Section 2.90.098, which shall be underlined and on a separate line below any of the top contributors.
6. A committee subject to Government Code Section 84223 shall next include the text "Funding Details At http://www.fppc.ca.gov/ Upon the development of an online filing system by the Secretary of State pursuant to Government Code Section 84602, https://www.sos.ca.gov/," which shall be underlined and printed on a line separate from any other text at the bottom of the disclosure area.
7. Notwithstanding the definition of "top contributors" in subsection (J) of Section 2.90.020, newspaper, magazine, or other public print advertisements that are 20 square inches or less shall be required to disclose only the single top contributor of fifty thousand dollars ($50,000) or more. B. A print advertisement that is larger than those designed to be individually distributed, including, but not limited to, a yard sign or billboard, paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, shall include the disclosures pursuant to Sections 2.90.087, 2.90.088, and 2.90.098 in a printed or drawn box with a solid white background on the bottom of the advertisement that is set apart from any other printed matter. Each line of the written disclosures shall be in a contrasting color in Arial equivalent type no less than 5 percent of the height of the advertisement, and shall not be condensed to be narrower than a normal non-condensed Arial equivalent type. The text may be adjusted so it does not appear on separate horizontal lines, with the top contributors separated by a comma. (Ord. 2020-06-1513 §8)

A. This section applies to an electronic media advertisement if either of the following is true:

1. The advertisement is paid for by a committee other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate.
2. The advertisement is paid for by a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, and is either of the following: i. Paid for by an independent expenditure. ii. An advertisement supporting or opposing a ballot measure. B. An electronic media advertisement that is a graphic, image, animated graphic, or animated image that the online platform hosting the advertisement allows to link to an internet website paid for by a committee shall comply with both of the following:
3. Include the text "Who funded this ad?" "Paid for by," or "Ad paid for by" in a contrasting color and a font size that is easily readable by the average viewer for the duration of the advertisement.
4. The text shall be included or displayed as a hyperlink, icon, button, or tab to an internet website containing the disclosures required by Sections 2.90.087, 2.90.088, and 2.90.098 in a contrasting color and in no less than 8-point font. C. Notwithstanding subsection (B), the text required by subsection (B)(1) is not required if including the language in an 8- point font would take up more than one-third of the graphic or image. In those circumstances, the advertisement need only include a hyperlink to an internet website containing the disclosures required by Sections 2.90.087, 2.90.088, and 2.90.098. D. Notwithstanding subsections (B) and (C), an email message or internet website paid for by a committee shall include the disclosures required by Sections 2.90.087, 2.90.088, and 2.90.098 printed clearly and legibly in a contrasting color and in no less than 8-point font at the top or bottom of the email message, or at the top or bottom of every publicly accessible page of the internet website, as applicable. E. An internet website that is linked as provided for in subsection (B)(2) shall remain online and available to the public until 30 days after the date of the election in which the candidate or ballot measure supported or opposed by the advertisement was voted upon.

F. An advertisement made via a form of electronic media that is audio only and therefore cannot include either of the disclosures in subsection (B) shall comply with the disclosure requirements for radio advertisements in Section 2.90.089. G. An electronic media advertisement that is disseminated as a video shall comply with the disclosure requirements of Sections 2.90.090 and 2.90.094, depending on the type of committee that paid for it. If the video is longer than 30 seconds, the disclosures required by Sections 2.90.090 and 2.90.094 shall be made at the beginning of the advertisement. H. Electronic Media Advertisements; Social Media

1. An advertisement made via a form of electronic media that allows users to engage in discourse and post content, or any other type of social media, shall only be required to include the disclosures required by Sections 2.90.087, 2.90.088, and 2.90.098 in a contrasting color that is easily readable by the average viewer and in no less than 10-point font on the cover or header photo of the committee's profile, landing page, or similar location and shall not be required to include the disclosure required by subsection (B) on each individual post, comment, or other similar communication. The disclosures specified in this subsection shall be fully visible on the cover or header photo when the profile, landing page, or similar location is viewed from any electronic device that is commonly used to view this form of electronic media, including, but not limited to, a computer screen, laptop, tablet, or smart phone.
2. Notwithstanding subsection (H)(1), if making the disclosures specified in subsection (H) fully visible on a commonly used electronic device would be impracticable, the cover or header photo of the profile, landing page, or similar location need only include a hyperlink, icon, button, or tab to an internet website containing the disclosures specified in subsection (H)(1). i. The disclosures required by this section do not apply to advertisements made via social media for which the only expense or cost of the communication is compensated staff lime unless the social media account where the content is posted was created only for the purpose of advertisements governed by this Chapter. (Ord. 2020-06-1513 §9)

A. A radio or television advertisement that is paid for by a political party or a candidate controlled committee established for an elective office of the controlling candidate, and that does not support or oppose a ballot measure and is not paid for by an independent expenditure, shall include the disclosure required by Section 2.90.087 subject to the following requirements:

1. In a radio advertisement, the words shall be included at the beginning or end of the advertisement and read in a clearly spoken manner and in a pitch and tone substantially similar to the rest of the advertisement.
2. In a television advertisement, the words shall appear in writing for at least four seconds with letters in a type size that is greater than or equal to 4 percent of the height of the screen. B. An advertisement that is made via a form of electronic media that allows users to engage in discourse and post content, or any other type of social media, that is paid for by a political party or a candidate controlled committee established for an elective office of the controlling candidate, and that does not support or oppose a ballot measure and is not paid for by an independent expenditure, shall include the disclosure required by Section 2.90.087 in accordance with subsection (H) of Section 2.90.092. (Ord. 2020-06-1513 §10)

An advertisement that is an independent expenditure and paid for by a political party or a candidate controlled committee established for an elective office of the controlling candidate shall include the disclosures required by Sections 2.90.087 and 2.90.098. An advertisement that supports or opposes a ballot measure and is paid for by a political party or a candidate controlled committee established for an elective office of the controlling candidate shall include the disclosure required by Section 2.90.087. A disclosure that is included in an advertisement pursuant to this section is subject to the following requirements: A. A radio or telephone advertisement shall include the required disclosures at the beginning or end of the advertisement and be read in a clearly spoken manner and in a pitch and tone substantially similar to the rest of the advertisement, and shall last no less than three seconds. B. A video advertisement, including television and videos disseminated over the internet, shall include the required disclosures in writing at the beginning or end of the advertisement in a text that is of sufficient size to be readily legible to an average viewer and in a color that has a reasonable degree of contrast with the background of the advertisement for at least four seconds. The required disclosure must also be spoken during the advertisement if the written disclosure appears for less than five seconds of a broadcast of 30 seconds or less or for less than 10 seconds of a broadcast that lasts longer than 30 seconds. C. Format.

1. A print advertisement shall include the required disclosures in no less than 10-point font and in a color that has a reasonable degree of contrast with the background of the advertisement.

2. Notwithstanding subsection (C)(1), each line of the required disclosures on a print advertisement that is larger than those designed to be individually distributed, such as a yard sign or billboard, shall in total constitute no less than 5 percent of the total height of the advertisement and shall appear in a color that has a reasonable degree of contrast with the background of the advertisement. D. An electronic media advertisement shall include the disclosures required by Section 2.90.092. (Ord. 2020-06-1513 §11)

A. A committee that disseminates an online platform disclosed advertisement shall do all of the following:

1. Upon requesting the dissemination, expressly notify the online platform through which the advertisement would be disseminated, using the online platform's chosen notification method, that the advertisement is an advertisement as defined in Section 2.90.020.
2. Provide the online platform with the disclosure name of the committee.
3. For purposes of this section, "disclosure name" means the text required by Section 2.90.088, followed by a colon, followed by, surrounded in quotation marks, the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Government Code Section 84101 or the name that the filer is required to use on campaign statements pursuant to Government Code Section 84211(o). If no disclosure text is required by Section 2.90.088, "disclosure name" means the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Government Code Section 84101 or the name that the filer is required to use on campaign statements pursuant to Government Code Section 84211(o).
4. If the disclosure name changes due to a change in the top contributors or the name of the committee, the committee shall provide the online platform with an updated disclosure name within five business days.
5. Provide the online platform with the name of the candidate to which the advertisement refers and the office to which the candidate is seeking election, as applicable, or number or letter of the ballot measure and the jurisdiction to which the advertisement refers.
6. Provide the online platform with the name and identification number of the committee that paid for the advertisement. B. An online platform that disseminates a committee's online platform disclosed advertisement shall do one of the following:
7. Display "Paid for by" or "Ad paid for by" followed by the disclosure name provided by the committee, easily readable to the average viewer, located adjacent to any text stating that the advertisement is an advertisement or is promoted or sponsored. The online platform may display only one hundred or more characters of the disclosure name if it is followed by a "... " that is clearly clickable and that links to a page as described in subsection (B)(3).
8. The online platform may instead display a hyperlink, icon, button, or tab with the text "Who funded this ad?," "Paid for by," or "Ad paid for by" that is clearly clickable in the same or similar font and in at least the same font size as the online platform's text, and easily readable to the average viewer, stating that the advertisement is an advertisement or is promoted or sponsored, that links to a page as described in subsection (B)(3).
9. Hyperlinks, icons, buttons, or tabs used for the purposes described in subsections (B)(1) and (B)(2) shall be linked to the profile or landing page of the committee that paid for the advertisement; to another page to which the average viewer would normally navigate to view additional information about a committee containing the disclosure name in a manner that is easily seen and readable by the average viewer; or to an internet website containing the disclosure required by Section 2.90.092(D). C. An online platform that disseminates committees' online platform disclosed advertisements shall meet all of the following requirements:
10. Maintain, and make available for online public inspection in a machine readable format, a record of any advertisement disseminated on the online platform by a committee that purchased five hundred dollars ($500) or more in advertisements on the online platform during the preceding 12 months. Each record shall contain all of the following: i. A digital copy of the advertisement. ii. The approximate number of views generated from the advertisement and the date and time that the advertisement was first displayed and last displayed. iii. Information regarding the range charged or the total amount spent on the advertisement. iv. The name of the candidate to which the advertisement refers and the office to which the candidate is seeking election, as applicable, or number or letter of the ballot measure and the jurisdiction to which the advertisement refers. v. The name and identification number of the committee that paid for the advertisement, if the committee is assigned an identification number.
11. The information required under this subsection shall be made available as soon as practicable and shall be retained by

the online platform for no less than four years. 3. "View Ads" Button, Icon, Tab or Hyperlink i. Display a prominent button, icon, tab, or hyperlink with the text "View Ads" or similar text in one of the following locations: (i) near the top of a profile, landing page, or similar location of a committee that paid for an advertisement in a position that the average viewer will readily see it upon viewing that page; (ii) on a page that displays the committee's profile information or biographical information; (iii) or on a page on which the average viewer would normally navigate to view additional information about a committee. ii. The button, icon, tab, or hyperlink shall link to a page clearly showing all of the advertisement records required by subsection (C)(1). D. An online platform that creates a mechanism for a committee requesting dissemination of an online platform disclosed advertisement to expressly notify the online platform whether the advertisement is an advertisement as defined in Section 2.90.020 and to provide all information necessary for the online platform to comply with the requirements of this section may rely in good faith on the information provided by the committee to the online platform to satisfy the online platform's obligations under subsections (B) and (C). Ord. 2020-06-1513 §12)

A. A candidate or committee shall not authorize or pay for an advertisement that is a text message, unless the disclosures described in subsections (B) - (E) are made, if the text message meets one of the following conditions:

1. The text message supports or opposes a candidate.

2. The text message supports or opposes a ballot measure. B. Requirements.

3. A committee, other than a candidate controlled committee established for an elective office of the controlling candidate, subject to subsection (A) shall include the text "Paid for by" or "With" followed by either the name of the committee, or a hyperlink or Uniform Resource Locator (URL) for an internet website containing the disclosures required by Sections 2.90.087, 2.90.088, and 2.90.098. The text of the disclosures on the internet website shall be in a color that reasonably contrasts with the background on which it appears and in no less than eight-point font. If the word "With" is used, the individual sending the text shall identify themselves in the following manner: "(Name of individual) with (name of committee or hyperlink or URL)." A disclosure using the word "With" may appear anywhere in the text message, including in conversational content, and need not appear as a separate statement apart from the other content of the message.

4. A candidate controlled committee established for an elective office of the controlling candidate subject to subsection (A) shall include the text "Paid for by" or "With" followed by the name of the candidate, followed by the word “For”, and followed by the name of the elective office sought. If the word "With" is used, the individual sending the text shall identify themselves in the following manner: "(Name of individual) with (name of candidate) for (name of elective office)." A disclosure using the word "With" may appear anywhere in the text message, including in conversational content, and need not appear as a separate statement apart from the other content of the message.

5. A committee subject to subsection (A) that has top contributors, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, shall comply with the following: i. Immediately following the name of the committee or the hyperlink or URL required by subsection (B), the text message shall also include the text "Top funders:" followed by the names of the top two contributors of fifty thousand dollars ($50,000) or more to the committee paying for the advertisement, separated by "&" or "and". ii. The names of the top two contributors may be spelled using acronyms, abbreviations, or other shorthand in common usage or parlance. If a top contributor is an individual, their first and last name shall both be used. iii. Notwithstanding subsection (B)(3)(i), if the disclosures required by subsection (B) would exceed 35 characters, the text message shall disclose only the single top contributor of fifty thousand dollars ($50,000) or more to the committee paying for the advertisement. iv. Notwithstanding subsection (B)(3)(i), if the text message includes the name of the committee paying for the advertisement in accordance with subsection (B), and the committee's name includes the name of one of the top two contributors of fifty thousand dollars ($50,000) or more to the committee paying for the advertisement, the text message is not required to include the name of that contributor after the text "Top funders".

6. The text required to be included in a text message sent pursuant to this subsection shall be in a color that reasonably contrasts with the background on which it appears and in a font size that is readable by the average viewer. C. Distribution Method

7. This section does not apply to a text message that is individually sent without the assistance of mass distribution technology, including a text messaging platform.

8. If a committee, other than a political party committee or a candidate controlled committee established for an elected office of the controlling candidate, subject to subsection (A) that has top contributors uses individuals who are unpaid volunteers to send text messages with the assistance of mass distribution technology, including a text message platform, the text messages sent by individuals who are unpaid volunteers are not required to disclose the top two contributors pursuant to subsection (B)(3). Text messages sent by unpaid volunteers shall include a disclosure stating that the text message is being sent by a volunteer. For purposes of this subsection (C)(2), receiving payments for food, transportation, or lodging in connection with campaign activity shall not disqualify a person from being classified as an unpaid volunteer. D. An internet website that is hyperlinked as provided for in this section shall remain online and available to the public until 30 days after the date of the election in which the candidate or ballot measure supported or opposed by the advertisement was voted on. E. Compliance.

9. If an exchange consists of a sequence of multiple text messages sent on the same day, a candidate or committee shall be deemed in compliance with this section if the candidate or committee sends the disclosures required by subsection (B) with the first text message in the sequence that meets one of the conditions of subsection (A).

10. A committee shall be deemed in compliance with this section if the disclosures required by subsection (B) are included in the text message in the form the committee intended it to be sent, regardless of the form the carrier relayed it to the recipient.

11. If a committee includes a hyperlink or URL in the text message sent pursuant to subsection (B), the committee shall be deemed to be in compliance with subsection (B) even if the recipient's device is incapable of accessing the corresponding internet website. (Ord. 2020-06-1513 §13)

A. In addition to the requirements of Sections 2.90.087, 2.90.088, and 2.90.098, the committee placing the advertisement or persons acting in concert with that committee shall be prohibited from creating or using a noncandidate-controlled committee or a non-sponsored committee to avoid, or that results in the avoidance of, the disclosure of any individual, industry, business entity, controlled committee, or sponsored committee as a top contributor. B. Written disclosures required by Sections 2.90.088 and 2.90.098 shall not appear in all capital letters, except that capital letters shall be permitted for the beginning of a sentence, the beginning of a proper name or location, or as otherwise required by conventions of the English language. (Ord. 2020-06-1513 §14)

An advertisement supporting or opposing a candidate that is paid for by an independent expenditure shall include a statement that it was not authorized by a candidate or a committee controlled by a candidate. If the advertisement was authorized or paid for by a candidate for another office, the expenditure shall instead include a statement that "This advertisement was not authorized or paid for by a candidate for this office or a committee controlled by a candidate for this office." (Ord. 2020-06-1513 §15)

A. If the order of top contributors required to be disclosed pursuant to this article changes or a new contributor qualifies as a top contributor, the disclosure in the advertisement shall be updated as follows:

1. A television, radio, telephone, electronic billboard, or other electronic media advertisement shall be updated to reflect the new top contributors within five business days. A committee shall be deemed to have complied with this subsection if the amended advertisement is delivered, containing a request that the advertisement immediately be replaced, to all affected broadcast stations or other locations where the advertisement is placed no later than the fifth business day.
2. A print media advertisement, including nonelectronic billboards, shall be updated to reflect the new top contributors before placing a new or modified order for additional printing of the advertisement. (Ord. 2020-06-1513 §16)

A. Requirement.

1. Except as provided in subsection (B), a candidate, candidate controlled committee established for an elective office for the controlling candidate, or political party committee shall not send a mass mailing unless the name, street address, and

city of the candidate or committee are shown on the outside of each piece of mail in the mass mailing and on at least one of the inserts included within each piece of mail of the mailing in no less than 6-point type that is in a color or print that contrasts with the background so as to be easily legible. A post office box may be stated in lieu of a street address if the candidate's, candidate controlled committee established for an elective office for the controlling candidate's, or political party committee's address is a matter of public record with the Secretary of State. 2. Except as provided in subsection (B), a committee, other than a candidate controlled committee established for an elective office for the controlling candidate or a political party committee, shall not send a mass mailing that is not required to include a disclosure pursuant to Section 2.90.091 unless the name, street address, and city of the committee is shown on the outside of each piece of mail in the mass mailing and on at least one of the inserts included within each piece of mail of the mailing in no less than 6-point type that is in a color or print that contrasts with the background so as to be easily legible. A post office box may be stated in lieu of a street address if the committee's address is a matter of public record with the Secretary of State. B. If the sender of the mass mailing is a single candidate or committee, the name, street address, and city of the candidate or committee need only be shown on the outside of each piece of mail. C. Disclosure.

1. A candidate, candidate controlled committee established for an elective office for the controlling candidate, or political party committee shall not send a mass electronic mailing unless the name of the candidate or committee is shown in the electronic mailing preceded by the words "Paid for by" in at least the same size font as a majority of the text in the electronic mailing.
2. A committee, other than a candidate controlled committee established for an elective office for the controlling candidate or a political party committee, shall not send a mass electronic mailing that is not required to include a disclosure pursuant to Section 2.90.087 or 2.90.092 unless the name of the committee is shown in the electronic mailing preceded by the words "Paid for by" in at least the same size font as a majority of the text in the electronic mailing. D. If the sender of a mass mailing is a controlled committee, the name of the person controlling the committee shall be included in addition to the information required by subsection (A) or (C). E. For purposes of this section, the following terms have the following meanings:
3. "Mass electronic mailing" means sending more than 200 substantially similar pieces of electronic mail within a calendar month. "Mass electronic mailing" does not include a communication that was solicited by the recipient, including, but not limited to, acknowledgments for contributions or information that the recipient communicated to the organization.
4. "Sender" means the candidate, candidate controlled committee established for an elective office for the controlling candidate, or political party committee who pays for the largest portion of expenditures attributable to the designing, printing, and posting of the mailing which are reportable pursuant to Government Code Sections 84200 to 84216.5, inclusive.
5. To "pay for" a share of the cost of a mass mailing means to make, to promise to make, or to incur an obligation to make, any payment: (i) to any person for the design, printing, postage, materials, or other costs of the mailing, including salaries, fees, or commissions, or (ii) as a fee or other consideration for an endorsement or, in the case of a ballot measure, support or opposition, in the mailing. F. This section does not apply to a mass mailing or mass electronic mailing that is paid for by an independent expenditure. (Ord. 2020-06-1513 §18)

A. In addition to any other penalty provided by law, any person who knowingly or willfully violates any provision of this chapter, including any willful or knowing failure to keep a record of contributions, to place contributions in a campaign contribution checking account, or to refuse excessive contributions, shall be guilty of a misdemeanor and punishable as provided in Section 1.16.010 of this code. B. Any contribution received in violation of this chapter shall be returned to the contributor if the funds can be identified; if the funds cannot be identified, the amount of the contribution made in violation of this chapter shall be paid to the city treasurer for deposit in the general fund of the city. C. The city attorney may maintain in the name of the city a civil action at any time during an election cycle or thereafter, in a court of competent jurisdiction to enjoin actual or threatened violations of, or to compel compliance with, or to obtain a judicial declaration regarding the applicability of or compliance with, the provisions of this chapter. D. The city attorney may maintain in the name of the city a civil action to recover from a candidate, or committee, or from any person who intentionally or negligently violates any of the reporting requirements or contribution limitations set forth in this chapter, an amount up to the campaign contribution limitation or three times the amount not reported or the amount received in excess of the amount allowable pursuant to this chapter, whichever is greater. Any money recovered in any such action shall be deposited in the city’s general fund. E. Any limitation of time prescribed by law within which criminal prosecution or a civil action pursuant to this chapter must

be commenced shall not begin to run until discovery of the violation. F. If, after election, any holder of a city office is convicted of a violation of any provision of this chapter, such violation shall constitute an offense involving violation of official duties, and the office shall be deemed vacant pursuant to Government Code Section 1770. Any person convicted of a violation of this chapter shall be ineligible to hold a city office for a period of five years from and after the date of the conviction. (Ord. 2020-06-1513 §6: Ord. 2014-04-1469 §1 (part): Ord. 93-11-1170 § 10: Ord. 85-10-962 § 1 (part))

A. In determining whether any particular contribution exceeds the campaign contribution limitation, all contributions made during the election cycle including the effective date of any ordinance amending this chapter, shall be counted towards the campaign contribution, provided that no person whose contributions exceed the campaign contribution limitation during such period as a result of any amendment shall be in violation of this chapter so long as that person does not make, solicit or accept further contributions in support of or in opposition to a candidate or group of candidates until that person would otherwise be permitted to make, solicit or accept contributions pursuant to this chapter. B. Upon adjustment of the amount of the campaign contribution limitation pursuant to subsection A of Section 2.90.020, the given election cycle for determining the appropriateness of the contribution shall remain the election cycle in which the adjustment becomes effective. (Ord. 2020-06-1513 §17: Ord. 2014-04-1469 §1 (part): Ord. 93-11-1170 § 11: Ord. 85-10-962 § 1 (part))

Wherever this chapter provides that a contribution or expenditure is exempt from the provisions hereof if “it is clear from the surrounding circumstances that it is not made for political purposes,” the burden of proof shall be on the candidate or committee to demonstrate by clear and convincing evidence that such contribution or expenditure does not have a political purpose and, unless such burden is met, it shall be presumed that the purpose is political. (Ord. 2014-04-1469 §1 (part): Ord. 93-11-1170 § 12: Ord. 85-10-962 § 1 (part))

This chapter shall be construed liberally in order to effectuate its purposes. No error, irregularity, informality, neglect or omission of any officer in any procedure taken under this chapter that does not directly affect the jurisdiction of the city council to control campaign contributions shall avoid the effect of this chapter. (Ord. 2014-04-1469 §1 (part): Ord. 93-11-1170 § 13)

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 provisions to other persons and circumstances shall not be affected thereby. (Ord. 2014-04-1469 §1 (part): Ord. 93-11-1170 § 14)