San Francisco County Municipal Code Ch. 1 Campaign Finance

Sec. 1.100. Purpose and Intent. Sec. 1.102. Citation. Sec. 1.103. Amendment or Repeal of Chapter. Sec. 1.104. Definitions. Sec. 1.106. Adoption of General Law – Exceptions. Sec. 1.107. Training for Candidates and Treasurers. Sec. 1.108. Candidate Committee Campaign Contribution Trust Accounts. Sec. 1.109. Retention of Records. Sec. 1.110. Campaign Statements – Public Access. Sec. 1.112. Electronic Campaign Disclosure. Sec. 1.113. Disclosure Requirements During Signature Gathering Periods for Initiatives, Referenda and Recalls. Sec. 1.114. Contributions – Limits and Prohibitions. Sec. 1.114.5. Contributions – Disclosures. Sec. 1.115. Coordination of Expenditures. Sec. 1.116. Limits on Loans to Candidates. Sec. 1.118. Payment of Accrued Expenses. Sec. 1.120. Contribution Limits – Post-Election Legal Proceedings. Sec. 1.122. Solicitation or Acceptance of Campaign Contributions – Limitations. Sec. 1.124. Additional Disclosure Requirements for Contributions Made by Business Entities. Sec. 1.125. Additional Disclosure Requirements for Bundled Contributions. Sec. 1.126. Contribution Prohibition – Contractors Doing Business with the City. Sec. 1.127. Contributions by Persons with Pending Land Use Matters. Sec. 1.128. Acceptance or Rejection of Voluntary Expenditure Ceilings. Sec. 1.130. Amount of Voluntary Expenditure Ceilings. Sec. 1.134. Lifting of Voluntary Expenditure Ceilings; Supplemental Reporting in Elections for Assessor, Public Defender, City Attorney, District Attorney, Treasurer, Sheriff, the Board of Education of the San Francisco Unified School District, or the Governing Board of the San Francisco Community College District. Sec. 1.134.5. Lifting of Individual Expenditure Ceilings. Sec. 1.135. Supplemental Pre-Election Statements. Sec. 1.136. Public Financing of Candidates for the Board of Supervisors or Mayor. Sec. 1.138. Election Campaign Fund; Appropriation of Funds. Sec. 1.140. Eligibility to Receive Public Financing. Sec. 1.142. Process for Establishing Eligibility; Certification by the Ethics Commission. Sec. 1.143. Adjusting Individual Expenditure Ceilings. Sec. 1.144. Disbursement of Public Funds. Sec. 1.146. Termination of Payments. Sec. 1.148. Restrictions on Use of Public Funds; Unexpected Public Funds. Sec. 1.150. Audit; Repayment. Sec. 1.152. Supplemental Reporting in Elections for Board of Supervisors and Mayor. Sec. 1.154. Insufficient Funds in Election Campaign Fund. Sec. 1.156. Report to the Mayor and Board of Supervisors. Sec. 1.160. Disclosure Requirements for Draft Committees.

Sec. 1.161. Campaign Advertisements. Sec. 1.162. Electioneering Communications. Sec. 1.163. Member Communications. Sec. 1.164. Duties of Ethics Commission. Sec. 1.166. Duties of Enforcement Authority. Sec. 1.168. Enforcement; Advice. Sec. 1.170. Penalties. Sec. 1.171. Issuance of Subpoenas. Sec. 1.172. Extension of Deadlines That Fall on Weekends and Holidays. Sec. 1.174. Effect of Violation on Certification of Election Results. Sec. 1.175. Implementing Regulations; Forms. Sec. 1.176. Rules of Construction. Sec. 1.178. Severability.

Editor's Note: Prior to the effectiveness of Ord. 71-00, adopted 4/28/2000, a many of the sections in this Chapter were codified as Administrative Code Secs. 16.501 et seq. Refer to the historical notes after each section for a detailed analysis of the legislative history after the transfer of the material to this Code.

This Chapter may be cited as the San Francisco Campaign Finance Reform Ordinance. (Added by Ord. 71-00, File No. 000358, App. 4/28/2000)

The voters may amend or repeal this Chapter. The Board of Supervisors may amend this Chapter if all of the following conditions are met: (a) The amendment furthers the purposes of this Chapter; (b) The Ethics Commission approves the proposed amendment in advance by at least a four-fifths vote of all its members; (c) The proposed amendment is available for public review at least 30 days before the amendment is considered by the Board of Supervisors or any committee of the Board of Supervisors; and (d) The Board of Supervisors approves the proposed amendment by at least a two-thirds vote of all its members. (Added by Ord. 3-06, File No. 051439, App. 1/20/2006)

Except as otherwise provided in, or inconsistent with, this Chapter or other provisions of local law, the provisions of the Government Code of the State of California (commencing at Section 81000), relating to local elections including any subsequent amendments, are hereby incorporated as part of this Chapter. (Added by Ord. 71-00, File No. 000358, App. 4/28/2000; amended by Ord. 141-03, File No. 030034, App. 6/27/2003)

(a) Training Requirements. (1) Candidates. Every candidate for City elective office and his or her treasurer shall attend a training program conducted or sponsored by the Ethics Commission within one year prior to any election at which the candidate's name will appear on the ballot. (2) Treasurers. Every committee treasurer shall attend the next training program conducted or sponsored by the Ethics Commission after the date the committee files either its original statement of organization or an amendment to a statement of organization designating a new treasurer. (b) Exception. An individual who serves as the treasurer for more than one committee is not required to attend a training required by Subsection (a) if that individual has attended such a training within the previous 12 months. (c) Definition. For the purposes of this section, "committee" shall mean any committee that: (1) qualifies as committee pursuant to subdivision (a) of Section 82013 of the California Government Code; and (2) is required to file its semi-annual campaign statements with the Ethics Commission. (Added by Ord. 228-06, File No. 060501, App. 9/14/2006; Ord. 234-09, File. No. 090989, App. 11/20/2009)

(a) All candidates and committees that are required to file statements prescribed by this Chapter shall maintain detailed accounts, records, bills, and receipts as necessary to prepare those statements. Each candidate or committee shall retain for a period of four years detailed information and original source documentation supporting those statements. The Ethics Commission may by regulation describe the information and documentation required to be retained for each type of statement. (b) Within ten business days of a request by the Ethics Commission, a committee shall provide the Ethics Commission with any documents required to be retained under this Section or state law, including but not limited to California Code of Regulations, Title 2, section 18401 and any subsequent amendments, modifications or administrative or judicial interpretations of that regulation. When the Ethics Commission requests documents under this subsection, it shall provide the committee with the reasons for the request in writing. (Added by Ord. 234-09, File. No. 090989, App. 11/20/2009)

GATHERING PERIODS FOR INITIATIVES, REFERENDA AND RECALLS. In addition to the requirements of this Chapter and State law, any committee that is raising or spending funds to support or oppose a measure during the circulation of the measure shall file supplemental campaign statements with the Ethics Commission under this Section. Such committees shall file supplemental campaign statements on the 5th and 20th day of every month in which a measure is circulating in the City and County for signatures, and on the 5th day of the month following the end of the circulation period if necessary to disclosure contributions received or expenditures made during the signature-gathering period. Each such statement shall disclose contributions received and expenditures made between the end of the reporting period for the last campaign statement filed by the committee and the period ending five calendar days prior to the date of filing. (Added by Ord. 228-06, File No. 060501, App. 9/14/2006; Ord. 234-09, File. No. 090989, App. 11/20/2009)

(a) A candidate's loan of personal funds to the candidate's campaign may not exceed at any time more than: (1) $15,000.00 for a candidate for the Board of Supervisors, Board of Education of the San Francisco Unified School District or the Governing Board of the San Francisco Community College District, (2) $120,000.00 for a candidate for Mayor, or

(3) $35,000.00 for a candidate for Assessor or Public Defender, City Attorney, Treasurer, District Attorney or Sheriff. (b) A candidate may not charge interest on any loan the candidate has made to the candidate's campaign. (c) In addition to any other penalty, loans made by a candidate to the candidate's campaign in excess of the amounts in Subsection (a) shall be deemed a contribution to the campaign and may not be repaid to the candidate. (d) Whenever the Ethics Commission adjusts the voluntary expenditure ceilings to reflect changes in the California Consumer Price Index, as authorized under Section 1.130, the Commission is authorized to adjust the loan amounts in this Section to reflect changes in the Consumer Price Index. (Added by Proposition O, 11/7/2000; amended by Ord. 141-03, File No. 030034, App. 6/27/2003; Ord. 228-06, File No. 060501, App. 9/14/2006) (Former Sec. 1.116 added by Ord. 365-94, App. 10/28/94; renumbered by Ord. 71-00, File No. 000358, App. 4/28/2000; repealed by Proposition O, 11/7/2000)

(a) Any candidate for Assessor, Public Defender, City Attorney, District Attorney, Treasurer, or Sheriff who agrees to accept voluntary expenditure ceilings shall not make total qualified campaign expenditures exceeding $243,000, unless the Ethics Commission has lifted the voluntary expenditure ceiling pursuant to Section 1.134 of this Chapter. (b) Any candidate for the Board of Education of the San Francisco Unified School District or the Governing Board of the San Francisco Community College District who agrees to accept voluntary expenditure ceilings shall not make total qualified campaign expenditures exceeding $104,000, unless the Ethics Commission has lifted the voluntary expenditure ceiling pursuant to Section 1.134 of this Chapter. (c) The Ethics Commission is authorized to adjust annually by regulation the voluntary expenditure ceilings imposed by this Section to reflect the change in the California Consumer Price Index for that year, provided that such adjustments shall be rounded off to the nearest $1,000. (Added by Ord. 71-00, File No. 000358, App. 4/28/2000; amended by Ord. 141-03, File No. 030034, App. 6/27/2003; Ord. 3-06, File No. 051439, App. 1/20/2006; Ord. 31-06, File No. 051773, App. 2/23/2006; Ord. 228-06, File No. 060501, App. 9/14/2006; Ord. 268-07, File No. 071003, App. 11/26/2007; Ord. 234-09, File. No. 090989, App. 11/20/2009)

(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; repealed by Ord. 228-06, File No. 060501, App. 9/14/2006)

SUPERVISORS OR MAYOR.

Candidates for the Board of Supervisors or Mayor whom the Ethics Commission certifies as eligible to receive public financing of their election campaigns, and who comply with the applicable conditions and restrictions specified in Section 1.140 of this Chapter, may receive public funds as provided in this Chapter to defray the costs of their election campaigns. (Added by Proposition O, 11/7/2000; amended by Ord. 31-06, File No. 051773, App. 2/23/2006; Ord. 268-07, File No. 071003, App. 11/26/2007; Ord. 234-09, File. No. 090989, App. 11/20/2009)

The Controller shall terminate all payments to a candidate who is otherwise eligible to receive public financing if the candidate or the candidate's committee: (a) Withdraws or fails to qualify to have his or her name printed on the ballot for the election for which the candidate applied for public financing;

(b) Fails to comply with the conditions specified in Section 1.140 of this Chapter; or (c) Knowingly or willfully fails to comply with any of the reporting requirements imposed by this Chapter or the Political Reform Act, California Government Code Section 81000, et seq. (Added by Ord. 31-06, File No. 051773, App. 2/23/2006; amended by Ord. 268-07, File No. 071003, App. 11/26/2007; Ord. 234-09, File. No. 090989, App. 11/20/2009) (Former Sec. 1.146 added by Proposition O, 11/7/2000; repealed by Ord. 141-03, File No. 030034, App. 6/27/2003)

Following each election at which the Mayor or members of the Board of Supervisors are elected, the Ethics Commission shall submit a report to the Mayor and Board of Supervisors. The report shall state the amount of public funds used to pay for election campaigns in that election and such other information as the Ethics Commission deems useful, including the number of candidates who received public funds; the number of nonparticipating candidates; the amount of qualified campaign expenditures made by all candidates in that election; and the amount of independent expenditures made in connection with the election. (Added by Proposition O, 11/7/2000; amended by Ord. 31-06, File No. 051773, App. 2/23/2006; Ord. 268-07, File No. 071003, App. 11/26/2007; Ord. 234-09, File. No. 090989, App. 11/20/2009)

(Added by Proposition O, 11/7/2000; repealed by Ord. 234-09, File. No. 090989, App. 11/20/2009)

In addition to other duties required under the Charter and the terms of this Chapter, the Ethics Commission shall: (a) Prepare and publish written instructions explaining the duties of persons, candidates and committees under this Chapter. (b) Determine whether required statements and declarations have been filed with the Ethics Commission, and, if so, whether they conform on their face with the requirements of this Chapter. (c) Notify promptly all persons, candidates and committees known to the Ethics Commission who have failed to file a statement in the form and at the time required by State and local law. (d) Report apparent violations of this Chapter to the District Attorney. (e) Compile and maintain a current list of all statements or parts of statements filed with the Ethics Commission pertaining to each candidate and each measure. (f) Cooperate with the District Attorney and the City Attorney in the performance of their duties as they are related to this Chapter. (g) Enforce or cause to be enforced the provisions of this Chapter. (h) Prepare and publish adequate procedures to notify all persons, candidates and committees in advance relative to filing dates and forms required by State and local law. (Added by Ord. 71-00, File No. 000358, App. 4/28/2000; renumbered by Proposition O, 11/7/2000; amended by Ord. 141-03, File No. 030034, App. 6/27/2003)

In addition to the other duties required of him or her under the provisions of this Chapter, the enforcement authority for civil enforcement shall review such campaign statements filed with the Ethics Commission as the Commission shall refer to him or her for legal compliance with the provisions of this Chapter. (Added by Ord. 71-00, File No. 000358, App. 4/28/2000; renumbered by Proposition O, 11/7/2000)

The Ethics Commission, including its Executive Director, may issue subpoenas in furtherance of its duties under the Charter including, but not limited to, audits of committees and enforcement of the provisions of this Chapter. (Added by Ord. 234-09, File. No. 090989, App. 11/20/2009)

AND HOLIDAYS. The Ethics Commission may, by regulation, extend any deadline imposed by this Chapter that falls on a Saturday, Sunday or holiday on which the Ethics Commission is authorized by law to close. (Added by Ord. 228-06, File No. 060501, App. 9/14/2006) (Former Sec. 1.172 added by Ord. 71-00, File No. 000358, App. 4/28/2000; renumbered by Proposition O, 11/7/2000; repealed by Ord. 141-03, File No. 030034, App. 6/27/2003)

RESULTS. The Director of Elections shall not issue any certificate of nomination or election to any candidate until all of the candidate's campaign declarations, statements, or reports required under State and local law have been filed. (Added by Ord. 71-00, File No. 000358, App. 4/28/2000; renumbered by Proposition O, 11/7/2000; amended by Ord. 141-03, File No. 030034, App. 6/27/2003)

Pursuant to Charter Section 15.102, the Ethics Commission shall adopt regulations to implement this Chapter. The Ethics Commission shall also specify the format and content of all forms and statements required to be filed under this Chapter. (Added by Ord. 234-09, File. No. 090989, App. 11/20/2009)

This Chapter shall be construed liberally in order to effectuate its purposes. No error, irregularity, informality, neglect or omission of any officer in any procedure taken under this Chapter which does not directly affect the jurisdiction of the Board of Supervisors or the City and County to control campaign contributions shall avoid the effect of this Chapter. (Added by Ord. 71-00, File No. 000358, App. 4/28/2000; renumbered by Proposition O, 11/7/2000)

If any provision of this Chapter, or the application thereof to any person or circumstance, is held invalid, the validity of the remainder of the Chapter and the applicability of such provisions to other persons and circumstances shall not be affected thereby. (Added by Ord. 71-00, File No. 000358, App. 4/28/2000; renumbered by Proposition O, 11/7/2000)