.010 The provisions of Government Code Section 82048.4 are not incorporated in, and shall not be used in the interpretation of, the City of Anaheim Campaign Reform Law.
.020 If a slate mailer is produced and/or distributed other than at the behest of a city candidate, then it is an independent expenditure, and is not subject to the contribution limitations of this chapter.
.030 The provisions of this section shall apply only to slate mailers in which more than ten percent (10%) of the surface area of the slate mailer expressly advocates or opposes the election of an individual city candidate.
.040 If a third party has provided funds to the slate mailer organization that are used for the production and/or distribution of a slate mailer at the behest of a city candidate, then:
.0401 The attributable cost of production and/or distribution of the slate mailer is a contribution from such third party to the city candidate to the extent the attributable cost of production and/or distribution exceeds the amount, if any, paid by the city candidate or the controlled committee of such candidate, up to the total of the funds provided by the third party, and such contribution is subject to the contribution limitations of this chapter; and
.0402 The attributable cost of production and/or distribution of the slate mailer that exceeds the total of the funds provided by the third party and any funds paid by the city candidate or the controlled committee of such candidate is a contribution from the slate mailer organization to the city candidate, and such contribution is subject to the contribution limitations of this chapter.
.050 If a slate mailer is produced or distributed at the behest of a city candidate, without any contribution from a third party, then the attributable cost of production and/or distribution is a contribution from the slate mailer organization to the city candidate to the extent the attributable cost of production and/or distribution exceeds the amount, if any, paid by the city candidate or the controlled committee of such candidate to the slate mailer organization, and such contribution is subject to the contribution limitations of this chapter.
.060 If a slate mailer expressly opposes the election of a city candidate, and the slate mailer is produced and/or distributed at the behest of an opposing city candidate (“the opponent”), then:
.0601 If a third party has paid the slate mailer organization to oppose the city candidate:
.01 The attributable cost of production and/or distribution of the slate mailer is a contribution from the third party to the opponent to the extent it exceeds any payment to the slate mailer organization from the opponent or the controlled committee of such opponent up to the total amount paid to the slate mailer organization by the third party to oppose the city candidate, and such contribution is subject to the contribution limitations of this chapter; and
.02 The attributable cost of production and/or distribution of the slate mailer that exceeds the total of the payment made to the slate mailer organization by the third party to oppose the city candidate and any payment made to the slate mailer organization by the opponent or the controlled committee of such opponent is a contribution from the slate mailer organization to the opponent, and such contribution is subject to the contribution limitations of this chapter.
.0602 If no third party has paid the slate mailer organization to oppose the city candidate, then the attributable cost of production and/or distribution is a contribution from the slate mailer organization to the opponent to the extent the attributable cost of production and/or distribution exceeds the amount, if any, paid by the opponent or the controlled committee of such opponent to the slate mailer organization, and such contribution is subject to the contribution limitations of this chapter.
.070 “Attributable cost of production and/or distribution” is computed by multiplying the total cost of production and/or distribution of the slate mailer by a fraction, the numerator of which is the number of square inches of the mailer that expressly advocates or opposes the election of a city candidate, and the denominator of which is the number of square inches of the mailer devoted to all candidates.
.080 A slate mailer is produced and/or distributed at the behest of a city candidate:
.0801 If the city candidate, or his/her controlled committee, or the candidate’s or committee’s agent or consultant, pays any of the costs for the slate mailer, or provides any information or photographs used in the mailer, or consults or confers with the slate mailer organization in any manner regarding the content, timing, or distribution of the slate mailer; or
.0802 Under any of the circumstances described in Section 18225.7(a) and Section 18225.7 (b) of Title 2 of the California Code of Regulations, as those sections exist as of June 1, 2002.
.0803 A non-refundable deposit made to a slate mailer organization shall not be considered a payment within the meaning of paragraphs .0801 or .0802 above, if either (a) the deposit is made by, or on behalf of, a city candidate who is not opposed in the city election, or (b) the deposit is made as consideration for a written agreement whereby the slate mailer organization obligates itself to not produce a slate mailer in which more than ten percent (10%) of the surface area of the slate mailer expressly advocates or opposes the election of the city candidate by, or for whom, the deposit is made. (Ord. 5819 § 1; August 27, 2002; Ord. 5858 § 1 (part); May 20, 2003: Ord. 6197 § 3; November 16, 2010.)