Union City Municipal Code Ch. 2.09 Voluntary Expenditure Limits

A. The purpose of this chapter is to minimize the potentially corrupting influence and appearances of corruption caused by excessive expenditures in campaigns by providing for a reasonable voluntary campaign expenditure limit for City Council candidates. Limiting overall expenditures in campaigns allows City Council candidates and incumbent City Councilmembers to spend less of their time on fundraising and more of their time communicating on issues of importance to voters and constituents. This chapter is also intended to provide impartial and noncoercive incentives that encourage City Council candidates to agree to voluntarily limit campaign expenditures.

B. Unless the term is specifically defined in this chapter or the contrary is stated or clearly appears from the context, the definitions set forth in the Political Reform Act of 1974 (Government Code Section 81000 et seq.) shall govern the interpretation of this chapter.

(Ord. No. 923-24, 6/11/2024)

A. Each candidate for election to the City Council in November 2024, and for each City Council election thereafter, shall advise the City Clerk in writing on a form provided by the City, whether or not the candidate will opt to voluntarily limit their campaign expenditures in accordance with the voluntary campaign expenditure limits set forth in this section and by resolution. The agreement to voluntarily limit campaign expenditures shall pertain to all expenditures incurred by the candidate or the candidate's committee in support of their candidacy and shall include all such expenditures that a candidate or candidate's committee is required to report pursuant to the California Political Reform Act of 1974, as amended, and as outlined in this section, whether those expenditures are made before or after the filing of nomination papers.

B. No later than three business days after the deadline to file nomination papers with the City Clerk, a candidate shall inform the City Clerk whether they have decided to accept the voluntary campaign expenditure limit.

C. Candidates who agree to abide by the voluntary campaign expenditure limit shall receive the following benefits and incentives:

1. The City's website will clearly identify which candidates have agreed to the voluntary expenditure limit.

2. Candidates who agree to abide by the voluntary campaign expenditure limits may so state on their campaign materials, whether tangible or intangible, such as mass mailings, advertisements, and signs. This subsection is set forth for clarity and is not intended to act as a regulation of campaign materials.

D. Expenditure Limits.

1. A candidate for district City Councilmember who agrees to voluntarily limit campaign expenditures shall not make qualified expenditures exceeding $35,000 in the electoral district for each election in which the candidate is seeking elective office.

2. A candidate for Mayor who agrees to voluntarily limit campaign expenditures shall not make qualified expenditures exceeding $75,000 for each election in which the candidate is seeking elective office.

3. The City Council may revise these voluntary campaign expenditure limits by resolution no later than February 1 of each even numbered year.

4. The following shall not count toward the voluntary campaign expenditure limit:

a. Filing fees related to the candidacy, including fees paid to the Secretary of State to open or maintain a committee, and fees to translate the candidate statement.

b. Legal fees and costs incurred in connection with litigation arising out of a campaign for City office.

c. Post-election party expenses.

d. Post office box expenses.

(Ord. No. 923-24, 6/11/2024)

A. A violation of this chapter shall be considered a violation of this Code and shall be subject to the enforcement remedies and penalties provided for in this Code. In addition to any other applicable penalties for violation of this Code, any violation of this chapter, including the filing of false reports that entitle the candidate to the benefits conferred by this chapter, shall within 72 hours of the City's knowledge of the violation:

1. Be posted on the City's website; and

2. Be posted at a reasonably accessible location at City Hall.

(Ord. No. 923-24, 6/11/2024)