ORDINANCE 1420ORDINANCE NO. 1420
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE §§ 1 -9-
2, 1 -9 -3, 1 -9 -5, AND 15- 18 -10(G) RELATING TO LOCAL ELECTION
REGULATIONS.
The city council of the city of El Segundo does ordain as follows:
SECTION 1: The city council finds and declares as follows:
A. The ability to contribute time and money to local political campaigns is a
legitimate and important means of participating in the political process.
B. Large monetary contributions, however, may give at least the appearance
that candidates for elective office may be unduly influenced through
financial means.
C. It is in the public interest that the City have a means by which all persons
within the community have a fair and equitable opportunity to participate in
local government whether by elected office or through other means.
D. To assist with the goal of providing an even playing field to all candidates
seeking elective office, and to engender public trust in the political
process, the City Council enacted regulations for campaign contributions
as set forth in Chapter 9 to Title 1 of the El Segundo Municipal Code
( "ESMC ") entitled Campaign Contributions and consisting of §§ 1 -9 -1 to 1-
9-8.
E. When adopting this Ordinance, the City Council considered, among other
things, the California Supreme Court's decision in Griset v. Fair Political
Practices Commission (1994) 8 Cal.4th 851, cert. den. 15 S.Ct. 1794, and
the cases cited therein. The regulations adopted by this Ordinance are
intended to balance individual's First Amendment rights with the
electorate's right to be fully informed and the public interest in preventing
corruption in local elections.
F. By adopting these regulations, the City intends to fully inform voters
regarding candidate and campaign viewpoints; to assist voters with
distinguishing between accurate and deceptive information; deter
defamatory statements; prevent corruption; and assist law enforcement.
G. The City has a compelling interest to promote an informed electorate;
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deter corruption in local elections; and gather evidence to facilitate
enforcement of local election regulations. Accordingly, it is in the public
interest to adopt regulations imposing strict disclosure requirements upon,
among other things, unsolicited campaign literature that is distributed
during the course of local political campaigns.
SECTION 2: ESMC § 1 -9 -2 is amended to read as follows:
"1 -9 -2: Definitions. Except as otherwise stated below, the words and
phrases used in this Chapter generally have the same meanings as in the
California Election Code, the Political Reform Act, and those regulations
promulgated by the Fair Political Practices Commission. In addition, unless the
contrary is stated or clearly appears from the context, the following definitions will
govern the construction of the words and phrases used in this chapter:
A. "Campaign literature" means unsolicited circulars, pamphlets, letters,
posters, political signs, or other reproduced matter referring to an election,
candidate, or any ballot measure. Campaign literature does not include
other campaign paraphernalia such as, without limitation, pencils, buttons,
or similar items.
6. "Contribution" means a payment, loans and extensions of credit (other
than those made by financial institutions), a payment of a loan from a
financial institution by a third party, or an enforceable promise to make a
payment, except to the extent that full and adequate consideration is
received, unless it is clear from the surrounding circumstances that it is
not made for political purposes. An expenditure made at a candidate's,
committee's, or elected officer's direction is a contribution to the
candidate, committee, or elected officer, unless full and adequate
consideration is received for making the expenditure.
"Contribution" includes purchasing tickets for events such as
dinners, luncheons, rallies, and similar fund - raising events; granting
discounts or rebates not extended to the public generally or
granting discounts or rebates by television and radio stations and
newspapers not extended on an equal basis to all candidates for
the same office; and paying compensation by any person for the
personal services or expenses of any other person if such services
are rendered or expenses incurred on behalf of a candidate or
committee without payment of full and adequate consideration.
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2. "Contribution" also includes any transfer of anything of value
received by a committee from another committee. The term does
not include amounts received under an enforceable promise to the
extent such amounts were previously reported as a contribution.
However, these amounts will be reported in the appropriate
campaign statement.
3. "Contribution" does not include volunteer personal services or
payments made by any individual for his or her own travel
expenses if such payments are made voluntarily without any
understanding or agreement that they will be directly or indirectly
repaid to him.
4. In accordance with Buckley v. Valeo (1976) 424 U.S. 1, a
candidate's direct contribution to his or her campaign is not
regulated by this Chapter.
C. "Person" means an individual, proprietorship, firm, partnership, joint
venture, syndicate, business trust, company, corporation, association,
controlled committee, or committee.
SECTION 3: ESMC § 1 -9 -3 is amended to read as follows:
1-9 -3: Anonymous Contributions Prohibited; Contribution Limit.
A. It is unlawful for any person to make, and any candidate, controlled
committee, or committee to solicit or accept, any anonymous contribution
in a local election.
B. For local elections, it is unlawful for any person to make a contribution to a
candidate, controlled committee, committee that exceeds seven hundred
fifty dollars ($750) in a calendar year."
SECTION 4: ESMC § 1 -9 -5 is amended to read as follows:
1-9 -5: Anonymous Mailings Prohibited:
A. It is unlawful for any person, candidate, or committee to send any
unsolicited piece of mail supporting or opposing any candidate or ballot
measure in a local election that does not comply with the requirements of
Government Code section 84305 or, if a slate mailer, Government Code
section 84305.5.
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B. In addition to the requirements of Government Code section 84305 or, if
applicable, Government Code section 84305.5, campaign literature
including, without limitation, mailers, must include the name and telephone
number of any person contributing twenty five percent (25 %) or more of
the cost for producing the campaign literature. The text identifying such
persons must conform with the requirements of Government Code section
84305 or, if applicable, Government Code section 84305.5."
SECTION 5: ESMC § 15- 18 -10(G) is amended to read as follows:
"G. Political: Political signs are allowed in any zone subject to the following:
1. Such signs cannot exceed four (4) square feet in area.
2. Except as otherwise allowed by this Chapter, such signs cannot be
erected more than sixty (60) days before the election or ballot
measure for which they are intended.
3. Except as otherwise allowed by this Chapter, such signs must be
removed not later than forty eight (48) hours after the election or
ballot measure for which they are intended."
SECTION 6: If any part of this Ordinance or its application is deemed invalid by a court
of competent jurisdiction, the city council intends that such invalidity will not affect the
effectiveness of the remaining provisions or applications and, to this end, the provisions
of this Ordinance are severable.
SECTION 7: The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of El Segundo's book of original
ordinances; make a note of the passage and adoption in the records of this meeting;
and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it
to be published or posted in accordance with California law.
SECTION 8: This Ordinance will become effective thirty (30) days following its passage
and adoption.
PASSED AND ADOPTED
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ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. i a2n was duly introduced by said City Council at a regular meeting
held on the 19th day of August , 2008, and was duly passed and
adopted by said City Council, approved and signed by the Mayor, and attested to by the
City Clerk, all at a regular meeting of said Council held on the 2nd day
Of September 2008, and the same was so passed and adopted by the
following vote:
AYES: McDowell, Busch, Brann, Fisher, Jacobson
NOES: None
ABSENT: None
ABSTAIN: None
Cindy McAsen, Cfty Clerk
APPROVED
Mark D. Hen
Kon m. Berger
Assistant City
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