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A. Except as provided in subsections C and D of this section, a loan shall be considered a contribution from the maker and the guarantor of the loan and shall be subject to the contribution limitations of this article.
B. Every loan to a candidate or the candidate’s controlled committee shall be by written agreement and such written agreement shall be filed with the candidate’s or committee’s campaign statement on which the loan is first reported.
C. The proceeds of a loan made to a candidate by a commercial lending institution in the regular course of business on the same terms available to members of the public and which is secured or guaranteed shall not be subject to the contribution limitations of this article.
D. During the election cycle, no candidate shall personally make loans to the candidate’s campaign or the candidate’s committee which total more than ten thousand dollars ($10,000.00).
E. Extensions of credit (other than loans pursuant to subsections C and D of this section) for a period of more than thirty (30) days are subject to the contribution limitations of this article.
F. Nothing in this section shall prohibit a candidate from making unlimited contributions to the candidate’s campaign.
A candidate shall have no more than one campaign committee and one checking account out of which all expenditures shall be made. This section shall not prohibit the establishment of savings accounts, but no qualified campaign expenditures shall be made out of these accounts. The provisions of this section shall not apply to a petty cash fund established pursuant to Title 2, Section 18524(d) of the California Code of Regulations as amended from time to time by the Fair Political Practices Commission.
No candidate and no committee controlled by a candidate or officeholder shall make any contribution from the checking account established pursuant to the previous section of this article to any other candidate running for office or to any committee supporting or opposing a candidate for office in excess of two hundred fifty dollars ($250) in the aggregate per calendar year. This section shall not prohibit a candidate from making a contribution from the candidate’s own personal funds to the candidate’s campaign or to the campaign of any other candidate for elective office.
For purposes of the contribution limitations in this article the following shall apply:
A. All payments made by a person, as defined in the Political Reform Act of 1974, as amended, whose contribution or expenditure activity is financed, maintained or controlled by any corporation, labor organization, association, political party or any other person or committee, including any parent, subsidiary, branch, division, department or local unit of the corporation, labor organization, association, political party or any other person, or by any group of such persons shall be considered to be made by a single person or committee.
B. Two (2) or more entities shall be treated as one person when any of the following circumstances apply: 1. The entities share the majority of members of their boards of directors; 2. The entities share two (2) or more officers; 3. The entities are owned or controlled by the same majority shareholder or shareholders; 4. The entities are in a parent-subsidiary relationship.
C. An individual and any general partnership in which the individual is a partner, or an individual and any corporation in which the individual owns a controlling interest, shall be treated as one person.
Under this article no contribution shall be made, directly or indirectly, by any person or combination of persons acting jointly in a name other than the name by which they are identified for legal purposes nor in the name of another person or received from another person on the condition that it be used as a contribution. If it is discovered by a candidate or committee treasurer that a contribution has been received in violation of this article, the candidate or treasurer shall promptly pay the amount received in violation of this article to the City Treasurer for deposit in the general fund of the city.
If a candidate cancels his declaration of intent to solicit and receive contributions for a particular office, ceases to be a candidate or fails to qualify for an office for which contributions have been solicited or accepted, or if there remains a balance in a campaign checking account of a candidate or committee after the date of the election in which the candidate appeared on the ballot, all unexpended funds remaining in the account shall be returned on a pro rata basis to those who have made the contributions or be donated to one or more charitable organizations qualifying for federal income tax exemption within 90 days from the date a candidate withdraws from the race or the date of the election in which the candidate appeared on the ballot, whichever comes first. However, a maximum of $6,000.00 in unexpended funds may be retained by a candidate or committee and may be used for any political purpose or other lawful use. The provisions of this section shall apply retroactively to any unexpended funds in an account as of one (1) year from the date of adoption of this amendment.
A. Within 72 hours of each applicable filing deadline in the Political Reform Act of 1974 (as amended), the city shall post on its internet website a copy of any statement, report, or other document required by Cal. Gov’t Code, Title 9, Chapters 4 and 5 that is filed with the City Clerk’s office (including but limited to all committee statements of organization, campaign statements, 24-hour contribution and independent expenditure reports, late payment reports, and statements of economic interest). If the final day of the 72-hour period falls on a holiday or any other day on which City Hall is closed for business, the period is extended to the next day that is not a holiday or other day on which City Hall is closed for business. Before posting, the City Clerk shall redact the street name and building number of the persons or entity representatives listed on any statement, report, or document, or any bank account number required to be disclosed by the filer. Providing a link on the agency’s internet website to the statement, report, or other document satisfies this section.
B. A statement, report, or other document posted pursuant to this section shall be made available for four years from the date of the election associated with the filing, or one (1) year after the incumbent leaves office, whichever is longer.
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