Yuba County Municipal Code Ch. 2.66 Electronic Filing of Campaign Finance Disclosure

The ordinance codified in this Chapter may be cited as the "Electronic Filing of Campaign Finance Disclosure" ordinance.

(Ord. No. 1606)

To require online electronic filing of campaign statements and require online reporting of contributions and independent expenditures as required under the Political Reform Act, (commencing with California Government Code Section 84200) in order to facilitate review and maximize the availability of this information to the public.

(Ord. No. 1606)

(a) The Board of Supervisors finds that public access to campaign disclosure information is a vital and integral component of a fully informed electorate. Transparency in campaign financing is critical in order to maintain public trust and support of the political process.

(b) State law requires candidates, persons supporting or opposing ballot measures and certain other types of committees to file campaign finance statements with the Registrar of Voters detailing the sources of contributions and manner of expenditure of contributions. Government Code Section 84615 authorizes local jurisdictions to require the filing of campaign statements and reports solely in an electronic form, with a specified exemption. The purpose of these laws is to assist voters in making informed electoral decisions and to assist in ensuring compliance with campaign contribution laws. In any instance in which the original statement, report, or other document is required to be filed with the Secretary of State and a copy of that statement, report, or other document is required to be filed with the local government agency, the statement may, but is not required to, be filed electronically as provided in Government Code section 84615.

(c) Frequently, these disclosure reports are lengthy. It is difficult for members of the public, the media and elections officials to efficiently review and compare these statements.

(d) The Board of Supervisors makes the following findings in support of requiring that political committees and candidates that meet certain financial thresholds file their campaign statements electronically:

(1) An electronic system reduces paper waste and time spent processing and storing paper filings, so that efforts can be focused on helping filers comply with filing requirements.

(2) An electronic system is not unduly burdensome on candidates in that it reduces the need for candidates to print out and mail or deliver statements in person to the Registrar of Voters.

(3) The system used by the County contains multiple safeguards to protect the integrity and security of the data.

(4) An electronic system streamlines the filing process, by storing information previously entered, calculating numbers, and helping catch errors before filings are submitted, thereby reducing the need to file amendments.

(5) Once the statements are placed online, they are available for public viewing free of charge and allow the public to search reports by field, including, but not limited to, election, candidate, date, contributor and expenditure.

(e) Yuba County has entered into an agreement with a vendor, approved by the California Secretary of State, to provide an electronic filing system for campaign disclosure statements.

(Ord. No. 1606)

(a) Whenever any elected officer, candidate or committee is required by the California Political Reform Act to file a semi-annual campaign statement, a pre-election campaign statement, an amended campaign statement, a supplemental pre-election campaign statement, a report disclosing a contribution received by or made to a candidate, local ballot measure, or an independent expenditure made for or against a candidate or local ballot measure, of $2,000.00 or more, or in any other amount specified by Government Code section 84615 as it may be amended from time to time, during an election cycle with the Registrar of Voters, it shall be filed electronically. The elected officer, candidate or committee shall file the statement using the electronic filing system available on the Registrar of Voters' website. The street or address or building number of the persons or entity representatives, or any bank account number, shall not be displayed online.

(b) Statements or reports that are filed electronically with the Registrar of Voters pursuant to this section need not also be filed in a paper format.

(c) If the original statement, report, or other document is required to be filed with the Secretary of State and a copy of that statement, report, or other document is required to be filed with the County, the statement may, but is not required to, be filed electronically with the Registrar of Voters.

(d) If the Registrar of Voters' online electronic filing system is not capable of accepting a particular type of statement, report or other document, an elected officer, candidate, committee or other person shall file that document with the Registrar of Voters in paper format.

(e) This requirement does not apply to any elected officer or candidate who receives contributions totaling less than $2,000.00 and makes expenditures totaling less than $2,000.00 in a calendar year, or in any other amount specified by Government Code section 84615 as it may be amended from time to time.

(Ord. No. 1606)

(a) Any person who files an electronic copy of a statement or report required by this article after the deadline imposed by the California Political Reform Act for filing the written copy of the statement or report shall be liable in the same amount and on the same terms as set forth in the Act for late filing of the written copy of the campaign statement or report.

(b) Any person required to file an electronic copy of a statement or report who does not do so by the deadline imposed by the California Political Reform Act shall be notified by the Registrar of Voters of that failure no later than the expiration of ten days following the deadline to file the statement or report. The Registrar of Voters shall notify such persons that the matter will be referred to the Fair Political Practices Commission if the required electronic statement is not filed by the deadline provided. The notification shall be made via mail, telephone, or email.

(Ord. No. 1606)