Ordinance Number 2453..
ORDINANCE NO. 245
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO
ESTABLISHING MAXIMUM AMOUNTS THAT MAY BE EXPENDED
BY CANDIDATES FOR ELECTIVE OFFICES.
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES ORDAIN AS
FOLLOWS:
SECTION 1. Intent and Purpose. It is the intent of the City
Council of the City of San Juan Capistrano in enacting this Ordinance
to place reasonable limits upon campaign contributions and expendi-
tures in municipal elections to assure that the amount of money expended
is not the primary reason for the success of a candidate. The City
Council finds, in this regard, that municipal elections constitute
municipal affairs, and that the reasonable regulation thereof as herein
set forth is not prohibited by the general laws of the State of
California.
SECTION 2. Campaign Contributions - Limitations.
A. Contribution by Persons. No person other than a
candidate shall make, solicit or accept any contribution, gift, sub-
scription, loan, advance, deposit, pledge, or promise of money or any-
thing of value in aid of the nomination or election of a candidate
which will cause the total amount contributed by such person with
respect to a single election in support of such candidate to exceed
One Hundred Dollars ($100). "Person" for the purposes of this sub-
section shall include and mean any individual, corporation, partner-
ship, foundation, political, religious, or social organization, com-
mittee, or association.
B. Contribution by Candidate. No candidate shall make
any contribution which will cause the total amount contributed by him
to his campaign with respect to a single election to exceed Three Hundred
Dollars ($300).
C. Anonymous Contributions. Total anonymous contribu-
tions to a candidate which exceed in the aggregate Two Hundred Dollars
($200) with respect to a single election shall not be used by the
candidate for whom it was intended. The total anonymous contributions
exceeding Two Hundred Dollars ($200) will be placed in the General Fund
of the City, earmarked to be used for the purpose of defraying the costs
of municipal elections.
SECTION 3. Campaign Expenditures - Limitation. No candidate
shall incur aggregate campaign expenses to further his election or
nomination, including expenses incurred by persons or organizations sub-
ject to the immediate control of and working directly for his election
or nomination, in excess of Fifteen Cents ($0.15) multiplied by the
number of registered voters residing in the City at the last general
election.
SECTION 4. Campaign Statement.
A. Statements Required. Each candidate for municipal
public office shall file as a public record with the City Clerk two
cumulative verified statements naming each person, as that term is
defined in Section 2, from whom a contribution or contributions have
been received that total Fifty Dollars ($50.00) or more, and that have
been or may be expended on behalf of his campaign, together with the
specific amounts contributed by each person. Any anonymous contribu-
tions in .excess of Fifty Dollars ($50.00) shall also be listed. In
addition, each candidate shall list any amount over Fifty Dollars
($50.00) of his own money personally contributed by him to his campaign.
B. Campaign Statement - Contents. Each campaign state-
ment shall contain the full name and complete mailing address, of any
person from whom a contribution or contributions totaling Fifty ($50)
or more have been received, together with the total amount contributed
by each such person.
3o-,
C. Times for Filing. Statements required under Section
4 shall be filed at the following times:
(a) Between 10 and 15 days prior to the election.
(b) Between 20 and 25 days after the election.
SECTION 5. Expenditures Statement. Elected candidates to muni-
cipal public office shall file with the City Clerk a written declara-
tion of his total campaign expenditures within 25 days after the election,
or not later than the day preceding the day upon which the candidate
takes office, whichever occurs first. An elected candidate for municipal
public office need not file an expenditure statement if the lawful
receipts and expenses of his campaign do not exceed Two Hundred Dollars
($200). However, elected candidates shall file a written declaration
with the City Clerk to that effect if their campaign receipts and
expenses do not exceed Two Hundred Dollars ($200).
SECTION 6. Infraction, Effect of Violation.
A. It shall be unlawful for any person to knowingly
violate any provision or to fail to comply with any of the requirements
of this Ordinance. Any person who knowingly violates any of the pro-
visions or who fails to comply with any of the requirements of this
Ordinance shall be guilty of an infraction.
B. If after his election a candidate is convicted of
a violation of any provision of this Ordinance, the election to office
of such candidate shall be void and such office shall become vacant
immediately thereupon. In such event, the vacancy shall be filled
in accordance with Section 36512 of the Government Code. If a candi-
date is convicted of a violation of any of the provisions of this
Ordinance at any time prior to his election, his candidacy shall be
terminated immediately and he shall no longer be eligible for election.
SECTION 7. Effective Date. This Ordinance relates to an election
and shall take effect immediately, and prior to the expiration of fifteen
(15) days after the passage thereof shall be published once in a news-
paper of general circulation.
PASSED, APPROVED AND ADOPTED this 29th day of October, 1973,
by the following vote, to wit:
ATTEST:
AYES: COUNCILMEN: BYRNES, CHERMAK, GAMMELL, THORPE, WEATHERS
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE ,
City Clerk
the City f San Juan Capistrano