HomeMy WebLinkAbout8.1 CampaignContribLimits
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CITY CLERK
File # D~~(Q]-~[O]
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: April 23, 1996
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SUBJECT:
Campaign Contribution Limitations
(Report Prepared by Elizabeth Silver, City Attorney)
EXHIBITS ATTACHED:
Dublin Municipal Code Chapter 2.28 (Campaign Contributions)
RECOMMENDATION: '::t./ Receive report and provide appropriate direction to Staff
FINANCIAL STATEMENT: None
DESCRIPTION: Under discussion of "Other Business" at the March 26, 1996, City
Council meeting, Councilmember Barnes requested that Staff place on a future agenda, the issue of
campaign contribution reform.
. _" , : The Council first adopted an ordinance limiting campaign contributions in 1987 (Ordinance No. 21 w87).
e: The ordinance was codified in Dublin Municipal Code Chapter 2.28. Amendments were made to Chapter
2.28 in 1993, which included increasing the contribution limit from $300 to $1000 with respect to a single
election. Other changes were made to Chapter 2.28 to be consistent with state and federal laws relating to
campaign contribution limitations.
_" Expenditure limitations are subject to strict scrutiny and will be upheld only if they are narrowly_tailored to
serve a compelling state interest. The United States Supreme Court held in the case of Buckley v. Va/eo
that it is unconstitutional to limit a candidate's personal expenditures. A limitation on expenditures is
viewed as a restraint on Constitutionally-protected rights of expression and association. Spending limits
are thus not valid unless they are tied to the receipt of public funds.
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Chapter 2.28
CAMPAIGN CONTRIBUTIONS
Sections:
2.28.010
2.28.020
2.28.030
Findings and purpose.
Defmitions.
Limitations on
contributions.
Filing of verified
declaration.
Violation-Penalty.
2.28.040
2.28.050
2.28.010 Findings and purpose.
Pursuant to the authority granted to the
City Council in Government Code Section
81013 pennitting the imposition of addition-
allocal requirements to the Political Reform
Act of 1974, the City Council fmds that it
is in the public interest to l'lace realistic and
enforceable limits on the amounts which
may be contributed to political campaigns
in municipal elections. (Ord. 21-87 fi 1)
2.28.020 DefInitions.
For the purpose of this chapter, defmi-
tions codified in the Political Reform Act,
beginning at Government Code Section
82000, et seq., shall apply with the addition
of the following:
"Election" means any municipal election,
whether, general or special, at which the
offices of Councihnember and/or Mayor are
to be filled.
"With respect to a single election"
means:
1. In the case of a contribution designat-
ed in writing by the contributor for a partic-
ular election, the election so designated,
provided that a contribution designated in
writing for a particular election may be
made after the election and prior to June
2.28.010
30th following the election only to the
extent such contribution does not exceed net
debts outstanding from that election;
2. In the case of a contribution not
designated in writing by the contributor for
a particular election, the next election for
the office after the contribution is made.
(Ord. 10-93 fi 1: Ord. 21-87 fi 2)
2.28.030 Limitations on
contributions.
A. No person shall make any contribu-
tion or contributions to a candidate or com-
mittee which exceed the cumulative amount
of one thousand dollars ($1,000), nor shall
any such contribution or contributions
which exceed the cumulative amount of one
thousand dollars ($1,000), be accepted by
any candidate or committee from any per-
son with respect to a single election.
B. The prohibitions stated in subsection
A of this section shall not apply to contribu-
tions made or received in support of, or in
opposition to, a ballot measure, nor shall
said prohibition apply to contributions made
by a candidate to his or her campaign. (Ord.
10-93 fi 2: Ord. 21-87 fi 3)
2.28.040 Filing of verified
declaration.
A. To ensure full compliance with this
chapter, each candidate shall execute a dec-
laration under penalty of perjury on a form
provided by city stating that such candidate
did not receive any contribution or contribu-
tions totaling more than one thousand dol-
lars ($1,000), from any person with respect
to an election.
B. The declaration required by subsec-
tion A of this section shall be filed with the
City Clerk with each preelection statement
filed pursuant to state law and with the
31
(Dublia S.9S)
semi.annual statements required to be filed
pursuant to state law. (Ord. 10-93 ~ 3: Ord.
21-87 ~ 4)
2.28.050 Violation-Penalty.
A. Violation of any provision of this
chapter is a misdemeanor punishable by a
fme not to exceed five hundred dollars
($500) or imprisorunent for a tenn not
exceeding six (6) months, or by both such
fme and imprisorunent
: B. Whether or not a violation is inadver-
tent, negligent. or deliberate in the presence
or absence of good faith, shall be consid-
ered in applying the penalties of this chap-
ter. (Ord. 21-87 ~ 5)
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2.28.040
32-1
(DIlblin 5-94)
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