HomeMy WebLinkAboutCM.Campain Finance Regulation PresentationCampaign Contribution Limits
Council Study Session – August 5, 2020
Presented By: Teri Ledoux, City Manager
Campaign Contribution Limits
Assembly Bill (AB) 571 – Effective January 1, 2021
Sets default contribution limits for elective County and City offices
•Default contribution limits aligning with the contribution limits set
for elected officers of the State Assembly and Senate
No more than $4,700 from an individual person per calendar year.
•The FPPC has administration and enforcement authority regarding
the default contribution limits for cities and counties without their
own local contribution limits
•Makes violations of default contribution limits within the FPPC’s
purview punishable as a misdemeanor.
Campaign Contribution Limits
•Cities and counties can adopt local campaign ordinances that contain additional restrictions and requirements tailored to the needs of their communities.
•At the February 19, 2020, Mayor and City Council meeting, the City Council expressed an interest in exploring the establishment of campaign finance regulations for elected positions that exceed the standards established by the State.
•Staff was directed to bring forward the campaign finance regulations established by the City of Pomona for review, consideration and discussion.
Campaign Contribution Limits
Cities surveyed with established local campaign finance ordinances
City Form of Government Campaign Finance Requirements beyond FPPC Regulations
Loma Linda Charter No
Riverside Charter No
Santa Ana Charter Yes
Pomona Charter Yes
Colton General Law No
Corona General Law No
Fontana General Law No
Grand Terrace General Law Yes
Highland General Law No
Moreno Valley General Law No
Ontario General Law No
Rancho Cucamonga General Law No
Redlands General Law No
Rialto General Law No
Upland General Law Yes
Campaign Contribution Limits
•Contribution limit from an individual set at $500 for any City Council
candidate and $1,000 for a mayoral candidate.
•Loans from an individual other than personal loans issued to a
candidate are limited to $500.
City of Pomona
Population of 151,691 covering 23 square miles
Campaign Contribution Limits
•Contribution limit from an individual set at $250
City of Grand Terrace
Population of 12,584 covering 3.5 square miles
Campaign Contribution Limits
•Contribution limit set at $1,000 for mayoral and city council
candidates.
•Candidates are required to return any amount in excess of $1,000
within 30 days of discovering the violation.
City of Upland
Population of 73,732 covering 15.5 square miles
Campaign Contribution Limits
•Contribution limit at $1,000 for mayoral and city council candidates.
•Violations are a misdemeanor and any resident is empowered to file
in court to enjoin a violation and compel compliance.
City of Santa Ana
Population of 324,528 covering 27.3 square miles
Campaign Contribution Limits
•AB 571 does not provide the FPPC with authority to administer or
enforce locally set contribution limits.
•If the City adopts local contribution limits we will also need to
consider enforcement requirements.
•While contribution limits have been held constitutional, they must
not be so restrictive as to impede the ability of challengers to raise
sufficient funds to mount a meaningful campaign.
•Example: A limit of $400 for gubernatorial candidates in Vermont has been
held to be unconstitutional by the Supreme Court.
Campaign Contribution Limits
•If the City Council directs staff to move forward with preparing an Ordinance to establish local campaign contribution limits exceeding the standards established by the State under AB 571, the City will need to implement enforcement and oversight regulations.
•This will require additional resources to monitor and enforce the established regulations.
•Additional analysis will be required to determine the financial impact of the established regulations.
Questions/Discussion