Title 2 ADMINISTRATION
Chapter 2.190 POLITICAL CAMPAIGNS FOR COUNTY OFFICES[44]
2.190.010 Findings.
2.190.020 Purpose and declaration of intent.
2.190.030 Definitions.
2.190.035 Maintenance of accounts and records.
2.190.040 Contribution limits.
2.190.050 Voluntary expenditure limit.
2.190.060 Contribution of candidate’s personal funds.
2.190.070 Interrelationship of contribution and expenditure limits.
2.190.080 Bundling of contributions and contributions from committees.
2.190.090 Fundraising time limits.
2.190.100 Officeholder accounts.
2.190.110 Attorney’s fees fund.
2.190.120 Distribution of excess funds.
2.190.130 Lobbyist contributions.
2.190.140 Violations and enforcement.
2.190.150 Amendment.
2.190.160 Severability.
2.190.010 Findings.
The people of the county of Los Angeles find that as the cost of
campaigning for county office increases, there is the need to raise larger and
larger amounts of money, much of which may come from interest groups with a
stake in matters pending before county officers. While citizens of the county
should be allowed to make financial contributions to political campaigns for
county offices as a legitimate form of participation in the political process,
there is a need to reduce the opportunity for persons or organizations to use
their financial strength to attempt to exercise control over candidates and the
electoral process. (Ord. 96-0041 § 1 (part), 1996.)
2.190.020 Purpose and declaration of intent.
The purpose of the ordinance codified in this chapter is to reduce
the opportunity for corruption of the political process by establishing rules
for the conduct of political campaigns for county offices. In recognition that
the courts have limited the ability of the government to place mandatory
ceilings on either overall campaign expenditures or the expenditure by a
candidate of his or her personal funds, it is the intent of the ordinance
codified in this chapter to establish voluntary limits on such expenditures.
This chapter also establishes mandatory limits on the amount any one person can
contribute to a campaign, the level of which varies based upon the extent to
which the candidates for a particular office have agreed to be bound by the
voluntary expenditure limits. It is not the intent of the ordinance codified in
this chapter that it have any impact, or place any limits, on recall election
campaigns. (Ord. 96-0041 § 1 (part), 1996.)
2.190.030 Definitions.
The following phrases, whenever used in this chapter, shall be
construed as defined in this section:
A. “Bundling of
contributions” means the making of contributions to a candidate through
another person or entity who acts as an intermediary or
conduit.
B. “Campaign expenditure” means any
“expenditure” as that term is defined in Government Code Section
82025 which is made by a candidate or his or her controlled committee in
furtherance of that candidate’s effort to be elected to a county office.
Campaign expenditures occurring at any time up to and including the date of the
primary election, even if prior to the filing for office, shall be considered
campaign expenditures related to the primary election. If the candidate is a
candidate in the general election, campaign expenditures occurring after the
date of the primary election shall be considered campaign expenditures related
to the general election, except to the extent any expenditure is to repay a debt
incurred for the primary election prior to the primary election, in which case
the expenditure will be a campaign expenditure related to the primary
election.
C. “Candidate” means an individual, with regard to any
primary or general election for either a county-wide office or supervisor, who
is listed on the ballot or who has qualified to have write-in votes on his or
her behalf counted by election officials or who receives a contribution or makes
any expenditure with a view to bringing about his or her nomination or
election.
D. “Committee” shall have the meaning set forth in
Government Code Section 82013.
E. “Contribution” shall have the
meaning set forth in Government Code Section 82015, except that as used in this
chapter, “contribution” shall also include a loan or an extension of
credit for a period of more than 30 days, other than loans or extensions of
credit from financial institutions which are given in the regular course of
business upon terms and conditions generally available to other customers of
that financial institution.
F. “Controlled committee” shall have
the meaning set forth in Government Code Section
82016.
G. “County-wide office” means the sheriff, the district
attorney and the assessor of the county of Los
Angeles.
H. “Registrar-recorder” means the
registrar-recorder/county clerk for the county of Los
Angeles.
I. “Personal funds of the candidate” means both the
community and separate property of the candidate. “Personal funds of the
spouse of the candidate” means only the separate property of the
spouse.
J. “Political action committee” means any “general
purpose committee” as that term is defined by Government Code Section
82027.5.
K. “Political party” means any “qualified
party” as described in Elections Code Section 5100.
L. “Primary
election” shall also include a special election, and “general
election” shall also include the runoff for a special
election.
M. “Person” shall have the meaning set forth in
Government Code Section 82047.
N. “Small contributor committee”
means any committee which meets all of the following criteria:
1. It has
membership of at least 100 individuals;
2. All contributions it receives
from any one person in a calendar year total $50.00 or less;
3. It has been
in existence at least six months;
4. It is not a candidate controlled
committee.
O. “Supervisor” means a member of the board of
supervisors of the county of Los Angeles. (Ord. 96-0041 § 1 (part),
1996.)
2.190.035 Maintenance of accounts and records.
It shall be the duty of each candidate to maintain such detailed
accounts, records, bills and receipts as are necessary to prepare campaign
statements and to comply with the provisions of this chapter. The detailed
accounts, records, bills and receipts that are maintained shall be retained by
the filer for a period of four (4) years. Each candidate shall provide the
detailed accounts, records, bills and receipts upon request by the
registrar-recorder. (Ord. 2006-0001 § 4, 2006.)
2.190.040 Contribution limits.
A. Except as otherwise provided in subsection B of this section or Section
2.190.070, no person shall make to any candidate or any candidate’s
controlled committee, and no candidate or his or her controlled committee shall
solicit or accept, any contribution from any person which exceeds $200.00 for
each primary election campaign and $200.00 for each general election
campaign.
B. Except as otherwise provided in Section 2.190.070, if either in
a primary election campaign or in a general election campaign, a candidate
commits to and does not exceed the voluntary expenditure limit set forth in
Section 2.190.050, the contribution limits set forth in subsection A of this
section shall be increased to $1,000.00 for that primary or that general
election campaign.(Ord. 96-0041 § 1 (part), 1996.)
2.190.050 Voluntary expenditure limit.
A. For each primary and for each general election for each county office,
there shall be a voluntary expenditure limit on total campaign expenditures by
each candidate. At least 60 days prior to the close of candidate filing for each
primary election, the registrar-recorder shall calculate and make available to
all interested persons the amount of the voluntary expenditure limit for each
county office which will be on the primary election ballot. The amount so
calculated shall be the amount of the voluntary expenditure limit for each
candidate in the primary election. If there is a need for a general election,
there shall be a separate voluntary expenditure limit for that election, but the
dollar amount of the voluntary expenditure limit for the general election shall
be the same as that applicable to the primary election. The amount of the
voluntary expenditure limit which shall be applicable separately to each primary
and each general election shall be calculated as follows:
1. For each
county-wide office the voluntary expenditure limit shall be $.25 per resident of
the county as shown in the most recent federal decennial census.
2. For
supervisor the voluntary expenditure limit shall be $.75 per resident of the
applicable supervisorial district as shown in the most recent federal decennial
census.
B. No later than the close of filing for a primary election, and no
later than thirty days after the primary election for a general election, each
candidate shall file with the registrar-recorder a declaration signed under
penalty of perjury stating whether the candidate agrees to be bound by the
voluntary expenditure limit for the applicable primary or general election
campaign of that candidate.
C. If a candidate agrees to be bound by the
voluntary expenditure limit for a primary or for a general election campaign,
the total expenditures by that candidate and his or her controlled committee for
the applicable primary or general election campaign shall not exceed the
voluntary expenditure limit. (Ord. 2001-0094 § 2, 2001: Ord. 96-0041 §
1 (part), 1996.)
2.190.060 Contribution of candidate’s personal funds.
A. The contribution limits set forth in Section 2.190.040 shall not apply
to the personal funds of the candidate, but shall apply to the personal funds of
the spouse of the candidate. Any contribution made to a candidate or to his or
her controlled committee from the community property of the candidate and his or
her spouse shall be considered a contribution from the personal funds of the
candidate.
B. No candidate shall personally make loans to his or her
campaign for county office or to his or her controlled committee which have a
total outstanding balance at any one point in time of more than
$20,000.00.
C. While there is no mandatory limit under this chapter on the
contribution of the personal funds of the candidate to his or her campaign for
county office other than the loan limitation set forth in subsection B of this
section, a candidate may voluntarily agree to limit his or her contribution of
personal funds, as set forth in subsection D of this section.
D. No later
than the close of filing for a primary election, and no later than thirty days
after the primary election for a general election, each candidate shall file
with the registrar-recorder a declaration signed under penalty of perjury
committing to one of the following options relating to the contribution of the
personal funds of the candidate to his or her campaign for county
office:
1. That during the primary or the general election, whichever is
applicable, the candidate will not make a total contribution of the personal
funds of the candidate to his or her campaign for county office exceeding
$50,000.00. This option shall be known as the “$50,000.00 personal funds
limit option;”
2. That during the primary or the general election,
whichever is applicable, the candidate will not make a total contribution of the
personal funds of the candidate to his or her campaign for county office
exceeding $100,000.00. This option shall be known as the “$100,000.00
personal funds limit option;”
3. That during the primary or the
general election, whichever is applicable, the candidate will not make a total
contribution of the personal funds of the candidate to his or her campaign for
county office exceeding $300,000.00. This option shall be known as the
“$300,000.00 personal funds limit option;”
4. That during the
primary or the general election, whichever is applicable, the candidate will not
agree to any limitation on the total contribution of the personal funds of the
candidate to his or her campaign for county office. This option shall be known
as the “unlimited personal funds option.”
E. In each primary
election and in each general election, each candidate for county office who has
chosen the $100,000.00 personal funds limit option, within 10 days after filing
his or her declaration with the registrar-recorder as set forth in subsection D
of this section, shall contribute an amount which is in excess of $50,000.00 of
the personal funds of that candidate to his or her campaign for county office by
depositing such an amount in his or her campaign account. Within 24 hours after
making such a deposit of the personal funds of the candidate in his or her
campaign account, the candidate shall file with the registrar-recorder, under
penalty of perjury, a declaration stating that he or she has made such a deposit
of his or her personal funds.
F. In each primary election and in each
general election, each candidate for county office who has chosen the
$300,000.00 personal funds limit option, within 10 days after filing his or her
declaration with the registrar-recorder as set forth in subsection D of this
section, shall contribute an amount which is in excess of $100,000.00 of the
personal funds of that candidate to his or her campaign for county office by
depositing such an amount in his or her campaign account. Within 24 hours after
making such a deposit of the personal funds of the candidate in his or her
campaign account, the candidate shall file with the registrar-recorder, under
penalty of perjury, a declaration stating that he or she has made such a deposit
of his or her personal funds.
G. In each primary election and in each
general election, each candidate for county office who has chosen the unlimited
personal funds option, within 10 days after filing his or her declaration with
the registrar-recorder as set forth in subsection D of this section, shall
contribute an amount which is in excess of $300,000.00 of the personal funds of
that candidate to his or her campaign for county office by depositing such an
amount in his or her campaign account. Within 24 hours after making such a
deposit of the personal funds of the candidate in his or her campaign account,
the candidate shall file with the registrar-recorder, under penalty of perjury,
a declaration stating that he or she has made such a deposit of his or her
personal funds.
H. If a candidate agrees to a personal funds limit pursuant
to subsection D.1., D.2., or D.3. of this section for a primary or for a general
election campaign, the total of personal funds contributed by the candidate to
his campaign for the applicable primary or general election campaign, including
the outstanding balance of unpaid loans, shall not exceed that personal funds
limit.
I. Any candidate who, prior to the effective date of the amendment to
this section enacting the $50,000.00 personal funds limit option set forth in
subsection D.1., had filed the declaration required by subsection D, shall have
the opportunity to submit a revised declaration committing to one of the options
set forth in subsection D. Upon the effective date of that amendment, the
registrar-recorder shall provide written notification by certified mail to each
such candidate of the opportunity to file a revised declaration. Such revised
declaration shall be signed under the penalty of perjury and shall be filed no
later than the close of filing for the primary election in 2002. (Ord. 2001-0094
§ 3, 2001: Ord. 96-0041 § 1 (part), 1996.)
2.190.070 Interrelationship of contribution and expenditure limits.
A. If either in a primary or in a general election any candidate for a
particular county office commits to the $100,000.00 personal funds limit option
pursuant to Section 2.190.060 D.2. for that primary or that general election,
for each other candidate for that office who has committed to the voluntary
expenditure limit set forth in Section 2.190.050 and who has chosen the
$50,000.00 personal funds limit option pursuant to Section 2.190.060 D.1., the
contribution limit shall be increased to five times the amount in Section
2.190.040 B.
B. If either in a primary or in a general election any
candidate for a particular county office commits to the $300,000.00 personal
funds limit option pursuant to Section 2.190.060 D.3. for that primary or that
general election, for each other candidate for that office who has committed to
the voluntary expenditure limit set forth in Section 2.190.050 and who has
chosen the $50,000.00 personal funds limit option pursuant to Section 2.190.060
D.1., the contribution limit shall be increased to ten times the amount in
Section 2.190.040 B.
C. If either in a primary or in a general election any
candidate for a particular county office commits to the $300,000.00 personal
funds limit option pursuant to Section 2.190.060 D.3., for that primary or that
general election, for each other candidate for that office who has committed to
the voluntary expenditure limit set forth in Section 2.190.050 and who has
chosen the $100,000.00 personal funds limit option pursuant to Section 2.190.060
D.2., the contribution limit shall be increased to five times the amount in
Section 2.190.040 B.
D. Notwithstanding subsections A or B of this section,
if either in a primary or in a general election any candidate for a particular
county office commits to the unlimited personal funds option pursuant to Section
2.190.060 D.4. for that primary or that general election, for each other
candidate for that office who has both committed to the voluntary expenditure
limit set forth in Section 2.190.050 and chosen the $50,000.00 personal funds
limit option pursuant to Section 2.190.060 D.1., the otherwise applicable
contribution limit as set forth in Section 2.190.040 B shall be
removed.
E. Notwithstanding subsections A or C of this section, if either in
a primary or in a general election any candidate for a particular county office
commits to the unlimited personal funds option pursuant to Section 2.190.060
D.4. for that primary or that general election, for each other candidate for
that office who has both committed to the voluntary expenditure limit set forth
in Section 2.190.050 and chosen the $100,000.00 personal funds limit option
pursuant to Section 2.190.060 D.2., the contribution limit shall be increased to
ten times the amount in Section 2.190.040 B.
F. If either in a primary or in
a general election any candidate for a particular county office has chosen
either the $50,000.00 personal funds limit option pursuant to Section 2.190.060
D.1. or the $100,000.00 personal funds limit option pursuant to Section
2.190.060 D.2. but has declined to be bound by the voluntary expenditure limit
set forth in Section 2.190.050, at such point in time when the total
expenditures of that candidate and his or her controlled committee exceed an
amount equal to 75 percent of the voluntary expenditure limit set forth in
Section 2.190.050 applicable to that office for that election, the voluntary
expenditure limit for each other candidate running for that same office in that
same election who has agreed to be bound by the voluntary expenditure limit
shall be double the amount set forth in Section 2.190.050.
G. If either in a
primary or in a general election any candidate for a particular county office
has chosen either the $300,000.00 personal funds limit option pursuant to
Section 2.190.060 D.3. or the unlimited personal funds option pursuant to
Section 2.190.060 D.4., and that candidate has also declined to commit to the
voluntary expenditure limit set forth in Section 2.190.050, no other candidate
for that office in that same primary or general election shall be bound by any
voluntary expenditure limit to which he or she has otherwise committed. When
voluntary expenditure limits are removed under this subsection, any candidate
who had agreed to a voluntary expenditure limit under Section 2.190.050 shall
continue to be bound by the contribution limit set forth in Section 2.190.040 B,
unless that limit is removed by some other provision of this
chapter.
H. Within 5 business days of receiving the declarations required by
Sections 2.190.050 B and 2.190.060 D for all candidates, the registrar-recorder
shall provide written notification by certified mail to each candidate of the
contribution limit applicable to that candidate as determined pursuant to this
section.
I. If the registrar-recorder determines that there exists
sufficient evidence that a candidate who filed a declaration pursuant to Section
2.190.050 B agreeing to be bound by the voluntary expenditure limit has made
expenditures which exceed that limit, for each other candidate for that office,
the voluntary expenditure limit shall be adjusted in accordance with subsections
D or E of this section, whichever is applicable. Within 2 business days of
making this determination, the registrar-recorder shall provide written
notification by certified mail to each such affected candidate of the adjusted
expenditure limit.
J. If the registrar-recorder determines that there exists
sufficient evidence that a candidate who filed a declaration pursuant to
Sections 2.190.060 D.1., D.2., or D.3., agreeing to be bound by a personal funds
limit has contributed personal funds exceeding that limit, for each other
candidate for that office, the contribution limit shall be adjusted in
accordance with subsections A, B, or C of this section, whichever is applicable.
Within 2 business days of making this determination, the registrar-recorder
shall provide written notification by certified mail to each such affected
candidate of the adjusted contribution limit. (Ord. 2001-0094 § 4, 2001:
Ord. 96-0041 § 1 (part), 1996.)
2.190.080 Bundling of contributions and contributions from committees.
A. The bundling of contributions to a candidate or to his or her
controlled committee is prohibited.
B. Except as otherwise provided in this
section, contributions from any committee, except from a committee as described
in subdivision (c) of Government Code Section 82013 or from a political action
committee which qualifies as a small contributor committee, to a candidate or to
his or her controlled committee are prohibited.
C. Contributions from any
political party to a candidate or to his or her controlled committee are
prohibited.
D. Except as otherwise provided in this section, contributions
from a committee as described in subdivision (c) of Government Code Section
82013 or from a political action committee which qualifies as a small
contributor committee to a candidate or to his or her controlled committee shall
be limited in the same manner as contributions from
individuals.
E. Notwithstanding subsections B through D of this section, if
either in a primary or in a general election any candidate for a particular
county office actually makes contributions of the personal funds of the
candidate to his or her campaign for county office which exceed $100,000.00, for
that primary or that general election, for each other candidate for that office
who has committed to the voluntary expenditure limit set forth in Section
2.190.050 and who has chosen the $100,000.00 personal funds limit option, any
committee, including, but not limited to, any political action committee and any
small contributor committee, may make, and such candidate may solicit and
accept, contributions to such candidate for that election, but the total of all
contributions for that election from any one committee to any one candidate may
not exceed $10,000.00.
F. Notwithstanding subsections B through E of this
section, if either in a primary or in a general election any candidate for a
particular county office actually makes contributions of the personal funds of
the candidate to his or her campaign for county office which exceed $300,000.00,
for that primary or that general election, for each other candidate for that
office who has committed to the voluntary expenditure limit set forth in Section
2.190.050 and who has chosen the $100,000.00 personal funds limit option, any
committee, including, but not limited to, any political action committee and any
small contributor committee, may make, and such candidate may solicit and
accept, contributions to such candidate for that election, and there shall be no
contributions limit on such contributions. (Ord. 96-0041 § 1 (part),
1996.)
2.190.090 Fundraising time limits.
A. Neither a candidate for a county-wide office nor his or her controlled
committee may accept contributions for either his or her primary election
campaign or his or her general election campaign earlier than 18 months prior to
the applicable primary or general election or later than six months after that
primary or general election.
B. Neither a candidate for supervisor nor his
or her controlled committee may accept contributions for either his or her
primary election campaign or his or her general election campaign earlier than
15 months prior to the applicable primary or general election or later than six
months after that primary or general election. (Ord. 96-0041 § 1 (part),
1996.)
2.190.100 Officeholder accounts.
Each person holding a county office is allowed one segregated
officeholder account which shall be subject to the following
restrictions:
A. No county officeholder shall accept contributions to his or
her officeholder account which total more than $75,000.00 in any calendar year,
after deducting therefrom the amount of any expenditures made from this account
in connection with the receipt of such contributions.
B. No county
officeholder shall make expenditures from his or her officeholder account which
total more than $75,000.00 in any calendar year. This $75,000.00 limit shall not
include any expenditures made from this account in connection with the receipt
of contributions to this account.
C. No county officeholder who is a
candidate for county office in a primary election shall make any expenditures
whatsoever from his or her officeholder account during the period beginning six
months prior to that primary election and ending on the day after that primary
election if the officeholder is not a candidate in the general election, or
ending on the day after the general election if the officeholder is a candidate
in the general election.
D. No person shall contribute to the officeholder
account of any county officer in excess of $1,000.00 in any calendar year. Said
amount shall be in addition to any applicable limits on campaign contributions
set forth in this chapter.
E. Surplus campaign funds related to an election
to county office which were accumulated prior to November 5, 1996, may be
transferred by the candidate to his or her officeholder account. After November
5, 1996, a maximum of $10,000.00 of surplus campaign funds from each primary and
each general election campaign may be transferred by the candidate to his or her
officeholder account. Surplus campaign funds transferred to an officeholder
account as allowed by this section shall not count toward the contribution
limits in this section.
F. Officeholder account funds may be expended or
disbursed for the purposes for which campaign funds may be expended or disbursed
as set forth in Article 4 (beginning with Section 89510) of Chapter 9.5 of Title
9 of the Government Code, except that officeholder account funds shall only be
used for expenses related to assisting, serving or communicating with
constituents, or with carrying out the official duties of the elected county
officer and may not be used to pay expenses related to a campaign for county
office of an officeholder who is a candidate for county office.
G. Any
county officeholder who maintains an officeholder account shall report
contributions to, expenditures from, and all other activities of that account in
accordance with the requirements for the filing of campaign statements as set
forth in Government Code Section 84200 et seq., as it is currently written or as
it may be amended. (Ord. 2001-0094 § 5, 2001: Ord. 96-0041 § 1 (part),
1996.)
2.190.110 Attorney’s fees fund.
A. Any person who holds county office or who is or was a candidate for
county office may maintain a fund, separate from campaign funds and any
officeholder account, to pay attorney’s fees to defend actions related to
holding county office or running for county office, or for the purpose of
obtaining advice regarding the administration of this or other campaign laws.
There shall be no expenditure limit on any such fund, but no person maintaining
such a fund may accept as a contribution to such fund more than $1,000.00 per
calendar year from any person. Surplus campaign funds related to an election to
county office which were accumulated prior to November 5, 1996, may be
transferred by the candidate to his or her attorney’s fees fund, and any
such transfer will not count toward the contribution limits in this
section.
B. Any person who holds county office or who is or was a candidate
for county office who chooses to maintain an attorney’s fees fund shall
report contributions to, expenditures from, and other activities of that fund in
accordance with the requirements for the filing of campaign statements as set
forth in Government Code Section 84200 et seq., as it is currently written or as
it may be amended. (Ord. 2001-0094 § 6, 2001: Ord. 96-0041 § 1 (part),
1996.)
2.190.120 Distribution of excess funds.
Excess funds in the campaign account of a candidate for county
office, or in an officeholder account or an attorney’s fees fund allowed
by this chapter, may, in addition to any other method allowed by law, be
disposed of by contribution to a bona fide charitable, educational, civic,
religious, or similar tax-exempt, nonprofit organization, where no substantial
part of the proceeds will have a material financial effect on the candidate for
county office, county officeholder, his or her campaign treasurer, any
individual or individuals with authority to approve the expenditure of campaign
funds, officeholder account funds or attorney’s fees funds, or a member of
his or her immediate family. If a candidate in a primary election becomes a
candidate in the general election for that office, excess funds from the primary
campaign may be carried over for use in that candidate’s general election
campaign and all expenditure and contribution limits will continue to apply as
if no funds were carried over. (Ord. 96-0041 § 1 (part), 1996.)
2.190.130 Lobbyist contributions.
No county official or candidate for county office shall solicit or
accept any contribution to his or her campaign for county office or to his or
her officeholder account or attorney’s fees fund from any person or firm
who is registered under Chapter 2.160 as a county lobbyist or county lobbying
firm or who has been so registered at any time in the previous 12 months. No
person or firm who is registered under Chapter 2.160 as a county lobbyist or
county lobbying firm or who has been so registered at any time in the previous
12 months shall make any contribution to any county official or candidate for
county office. (Ord. 2006-0001 § 5, 2006: Ord. 96-0041 § 1 (part),
1996.)
2.190.140 Violations and enforcement.
A. Any person who knowingly violates any provision of this chapter, is
guilty of a misdemeanor which may be punished by imprisonment in the county jail
for not exceeding six months, or by a fine not exceeding $1,000.00, or by
both.
B. In addition to the penalty set forth in subsection A and C of this
section, any person who intentionally or negligently violates any section of
this chapter shall be subject to a civil penalty of up to three times the amount
by which any applicable expenditure or contribution limit has been exceeded or
$5,000.00, whichever is greater.
C.(1) In addition to the penalties set
forth in subsections A and B of this section, any person who intentionally or
negligently violates any provision of this chapter which prohibits or limits
contributions shall be subject to an administrative fine, issued pursuant to
chapter 1.25 of this code, of up to three times the amount by which any
applicable contribution limit has been exceeded or $5,000.00, whichever is
greater. Notwithstanding the provisions of chapter 1.25 of this code, in
imposing the administrative fine, the registrar-recorder shall issue a
notification of violation setting forth the intent to issue a proposed
administrative fine and set a hearing date. The purpose of the hearing would be
to allow the candidate the opportunity to challenge the fine and also to allow
the hearing officer, if so requested by the registrar-recorder, to make
recommendations as to the appropriateness of the proposed fine and its amount,
through a process which may include taking evidence and testimony, and calling
witnesses. Should the candidate choose not to challenge the fine, the
registrar-recorder may, at his discretion, determine the amount of the fine
without a hearing and without a recommendation from a hearing officer. Whether
or not a violation is inadvertent, negligent or deliberate, and the presence or
absence of good faith shall be considered by the registrar-recorder in
determining the amount of the administrative fine to be
imposed.
(2) Notwithstanding the provisions of subsection C (1) above, no
administrative fine shall be issued if a contribution received in violation of
this chapter is returned and the candidate submits an amended campaign statement
reflecting that the contribution has been returned within thirty (30) days of
the date in which the candidate has actual knowledge of the contribution or the
date of the filing a campaign statement required by Government Code § 84200
et seq. or by this chapter on which such contribution is reported, whichever is
earlier.
D. The registrar-recorder shall be responsible for the
administration of this chapter, which shall include, but is not limited to, the
receipt and review of mandatory candidate filings, investigation of any
potential violations of this chapter reflected in those filings, and receipt and
investigation of complaints that a person has violated any provision of this
chapter. Additionally, the registrar-recorder shall be designated the
enforcement officer responsible for final determination and imposition of
administrative fines to be issued and for appearances before the administrative
hearing officer as provided for in §§ 1.25.050 and 1.25.060 of this
code, in addition to the provisions of this chapter. The registrar-recorder
shall also recommend rules governing this chapter. Such rules shall be effective
if approved by a majority vote of the board of supervisors.
E. The
registrar-recorder and the district attorney shall receive and investigate
complaints that a person has violated a provision of this chapter. When the
registrar-recorder has evidence of a violation of this chapter, he or she shall
give initial notice of the violation to the district attorney. In addition, the
registrar-recorder shall provide notification of the final resolution of each
violation to the district attorney.
F. The district attorney shall be the
enforcement officer responsible for prosecution of the civil penalties and
criminal charges. In addition, any person residing in the county may bring a
civil action to enjoin violations of this chapter or to compel compliance with
any provision of this chapter by following the procedures set forth in
Government Code sections 91003 et. seq., except that the civil prosecutor shall
be the district attorney.
G. Within 60 days after the enactment of this
chapter the registrar-recorder and the district attorney shall each designate
persons within their respective offices who will be responsible for the
enforcement and administration of the duties assigned to them under this
chapter. Nothing in this chapter shall preclude the county from contracting with
a state agency to administer and/or enforce any provision of this chapter,
including conducting administrative hearings pursuant to Government Code section
27727. (Ord. 2006-0001 § 6, 2006: Ord. 96-0041 § 1 (part),
1996.)
2.190.150 Amendment.
This chapter may be amended only if the amendment is approved by at
least a four-fifths vote of the board of supervisors and only as
follows:
A. To increase the various contribution and expenditure limits to
reflect equivalent increases in the cost of living;
B. The amendment is
necessary to make this chapter consistent with state law or judicial actions
interpreting this or similar laws; or
C. If the board of supervisors finds
that the amendment otherwise furthers the purposes of this chapter. (Ord.
96-0041 § 1 (part), 1996.)
2.190.160 Severability.
A. Notwithstanding Section 2.190.070 or any other provision of this
chapter, if any provision of this chapter, or its application to any person or
circumstance, is held invalid, the remainder of this chapter to the extent it
can be given effect, or the application of such provision to persons or
circumstances other than those as to which it is held invalid, shall not be
affected thereby, and to this extent the provisions of this chapter are
severable.
B. If the voluntary expenditure limits set forth in Section
2.190.050 are held invalid, the contribution limit set forth in subsection B of
Section 2.190.040 shall apply unless the board of supervisors by at least a
four-fifths vote sets the amount at a higher level. (Ord. 96-0041 § 1
(part), 1996.)
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