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.010 Except as set forth in subsections .050 and .060 herein, any elected officer, candidate, committee or other person required to file specified statements, reports, or other documents with the City Clerk as required by Chapter 4 (commencing with Section 84100) of Title 9 of the California Government Code, also known as the Political Reform Act, and that has received contributions or made expenditures of $1,000 or more, may electronically file such statement using the City Clerk’s online system according to procedures established by the City Clerk.
.020 To ensure reporting continuity, once a statement, report or other document is filed electronically on behalf of any elected officer, candidate, or committee as set forth in subsection .010, above all future statements, reports and other documents on behalf of that officer, candidate or committee shall be required to be filed electronically using the City Clerk system.
.030 Any elected officer, candidate, committee or other person who has electronically filed a statement, report, or other document using the City Clerk’s online system is not required to file a copy of that document in paper format with the City Clerk.
.040 An elected officer, candidate, committee or other person may choose to opt-out of the electronic filing system by filing all original statements, reports or other documents in paper format with the City Clerk. Electronic filing is not required until after an elected officer, candidate, committee or other person opts-in by electronically filing a statement, report or other document.
.050 In any instance in which an original statement, report, or other document must be filed with the Secretary of State or Orange County Registrar of Voters, and a copy of that document is required to be filed with the Anaheim City Clerk, the filer may electronically file a copy with the Anaheim City Clerk, the filer may, but is not required to file the copy online or electronically.
.060 If the City Clerk’s system is not capable of accepting a particular type of statement, report or other document, an elected officer, candidate, committee or other person shall file that document in paper format with the City Clerk. (Ord. 6293, § 1; February 4, 2014.)
.010 Notwithstanding any other provision of this chapter to the contrary, the controlled committee of an elective city officer for the immediate past election at which said city officer was elected or reelected to office may solicit and accept campaign contributions after the end of the election cycle for said election, and said contributions, regardless of when received, shall be regarded as campaign contributions made in said immediate past election cycle for purposes of the contribution limitation set forth in subsection 1.09.050.010, provided such contributions are used by the elective city officer or said controlled committee solely for the purpose of defraying the expenses of holding such city office, and further provided:
.0101 The controlled committee has retired all debt from the immediate past election at which said city officer was elected prior to expending any contributions pursuant to this section for the purpose of defraying the expenses of holding such city office; and
.0102 Any such contribution is deposited into the campaign contribution account of the controlled committee for said immediate past city election at which said elective city officer was elected or reelected in accordance with the requirements of state law; and
.0103 Any such contribution is reported as a campaign contribution on Schedule A of Fair Political Practices Commission Form 460, or any successor reporting form thereto, as required under state law and, in addition thereto, clearly designates on said reporting form that such contribution was made for the purpose of defraying the expenses of holding such city office; and
.0104 Any such contribution is used solely for the expenses of holding such city office and the use thereof is reported as an expenditure on Schedule A of Fair Political Practices Commission Form 460, or any successor reporting form thereto, as required under state law, and in addition thereto, clearly designates on said reporting form that such expenditure was made for the purpose of defraying the expenses of holding such city office; and
.0105 The treasurer of said controlled committee is provided with, and retains for a minimum period of three years, a dated receipt and a written description of the expenditure; and
.0106 Any such contributions, together with all other contributions made to the elective city officer, or his or her controlled committee, by the same contributor, during or attributed to said election cycle do not exceed the amount set forth in subsection 1.09.050.010 of this chapter; and
.0107 No contributions received for the purpose of defraying the expenses of holding city office shall be transferred to any other city candidate, elective city officer, or any other committee; and
.0108 Any contributions accepted for the purpose of defraying the expenses of holding city office and remaining in the bank account of the elective city officer or his or her controlled committee, upon the date such elective city officer's current term of office ends, shall be either returned to the contributors, deposited in the City's general fund, or donated to any bona fide charitable, educational, civic, religious, or similar tax-exempt nonprofit organization, where no substantial part of the proceeds will have a material financial effect on the former city officer, any member of his or her immediate family, or his or her campaign treasurers; and
.0109 No controlled committee which accepts any contribution pursuant to this section for the purpose of defraying the expenses of holding any city office shall solicit or accept any campaign contribution(s) for any future city election, or redesignate such controlled committee as the controlled committee for any future election. Nothing contained in this section shall prohibit an elective city officer from creating a new controlled committee for the purpose of soliciting and accepting campaign contributions for a future election; and
.0110 No contributions shall be accepted and no expenditures shall be made or expenses incurred pursuant to this section for the purpose of defraying the expenses of holding city office by the controlled committee of any elective city officer who is eligible for election or reelection to any city office, within six months prior to the date such elective city officer's current term of office expires, or after the filing for election or reelection to any city office, whichever occurs first. Nothing contained in this paragraph shall prohibit an elective city officer's controlled committee from soliciting or accepting any contribution, making any expenditure, or incurring any expense, for the purpose of defraying the expenses of holding city office, following the date of any city election at which said elective city officer is a candidate, or following expiration of the applicable filing period for any such city office in the event said officer fails to file for election or reelection.
.020 The term "expenses of holding city office," as used in this section, shall mean any expenditure from campaign contributions by an elective city officer, or his or her controlled committee, lawfully permitted to be made from campaign contributions under the Political Reform Act and its implementing regulations, except any expenditure for "election-related activities," as such term is defined in Section 82015(b)(2)(C) of the Government Code or any successor provision thereto. (Ord. 5858 § 1 (part); May 20, 2003.)
* Editor's Note: Prior ordinance history: Ord. 5704 § 2 (part); October 19, 1999.
.010 Any indebted former candidate, or any controlled committee of any such officer or candidate, accepting any contribution(s) for the purpose of retiring outstanding debt from a prior city election and required by state law to report such contributions on Schedule A of Fair Political Practices Commission Form 460, or any successor provision thereto, shall, at the time required for the reporting of such contributions on Schedule A and in addition to any other reporting requirements under state law, clearly designate on said Schedule A which contributions were received for the purpose of retiring outstanding debt and for which prior city election such contributions were received.
.020 Any contribution accepted for the purpose of retiring outstanding debt from a prior city election shall be applied to reduce or retire said outstanding debt in the same reporting period in which such contribution was accepted. The application of any contribution to retire outstanding debt from a prior city election (i.e., repayment of outstanding loans and payment of accrued expenses) shall be itemized and identified on the appropriate schedules and on the Summary Page of Form 460, or any successor form thereto, provided by the Fair Political Practices Commission.
.030 Except as provided in subsection .040 below, no indebted former candidate, or any controlled committee of any such officer or candidate, shall use any contributions received for the purpose of retiring outstanding debt from a prior city election for any purpose other than for the retirement of outstanding debt remaining from the prior city election for which such contribution was received.
.040 All indebted former candidates and all controlled committees of such officers or candidates shall retire outstanding debt within twelve (12) calendar months following the date of the city election for which the debt was incurred. No indebted former candidate, nor any controlled committee of any such officer or candidate, shall solicit or accept, and no person shall make to any such candidate or candidate's controlled committee, any contribution(s) for the purpose of retiring outstanding debt from a prior city election after twelve (12) calendar months following the date of the city election for which the debt was incurred.
.050 Following the retirement of all outstanding debt from the election for which such contributions were collected, any remaining funds which were collected for the purpose of retiring outstanding debt shall either be (i) used for purposes of defraying the expenses of holding city office in accordance with the provisions of Section 1.09.055, (ii) returned to the contributors, (iii) deposited in the City's General Fund, or (iv) donated to any bona fide charitable, educational, civic, religious, or similar tax-exempt, nonprofit organization, where no substantial part of the proceeds will have a material financial effect on the former candidate or officeholder, any member of his or her immediate family, or his or her campaign treasurer. (Ord. 5704 § 2 (part); October 19, 1999; Ord. 5858 § 1 (part); May 20, 2003: Ord. 6197 § 4; November 16, 2010; Ord. 6567 § 2; February 27, 2024.)
.010 General Elections. For purposes of any general election for any city office, the term "election cycle," as used in this chapter, shall mean the period commencing on January 1 immediately following any general election for such city office and ending on December 31 of the year in which the next general election for the same city office occurs. Notwithstanding the preceding sentence, following a special election for any city office, the "election cycle" for the next general election for said city office shall commence on the thirty-first (31st) day following said special election, and shall end on December 31 of the year in which the next general election for said city office occurs.
.020 Special Elections. For purposes of any special election for any city office, the term "election cycle," as used in this chapter, shall mean the period commencing on the date a special election is called by the City Council and ending on the thirtieth (30th) day following said special election.
.030 Recall Elections. For purposes of any recall election of any city officer, the term "election cycle," as used in this chapter, shall mean the period commencing on either the date a committee is formed pursuant to the provisions of the Political Reform Act in support of a recall election or the date the City Clerk approves a recall petition for circulation and gathering of signatures, whichever occurs earlier, and ending on the thirtieth (30th) day following the first to occur of any of the following:
.0301 The time provided by law for the gathering of signatures on recall petitions expires without sufficient recall petition signatures having been filed with the City Clerk to require a recall election;
.0302 All committees formed in support of the recall have been terminated pursuant to the provisions of the Political Reform Act;
.0303 The date the recall election is held. (Ord. 5704 § 2 (part); October 19, 1999; Ord. 5858 § 1 (part); May 20, 2003.)
For purposes of the contribution limitations contained in this chapter, the following provisions shall apply:
.010 All contributions made by a sponsored committee to a city candidate or to an elective city officer (or to a committee controlled by such candidate or officer) shall be combined with those contributions made during the same election cycle by the sponsor(s) of the committee.
.020 Two or more entities shall be treated as one person when any of the following circumstances apply:
.0201 The entities share the majority of members of their boards of directors;
.0202 The entities are owned or controlled by the same majority shareholder or shareholders;
.0203 The entities are in a parent-subsidiary relationship.
.030 An individual and any partnership in which the individual is a general partner, or an individual and any corporation in which the individual owns a controlling interest (fifty percent or more), or an individual and any business entity in which the individual controls the decisions of such entity regarding the making of contributions to candidates for political office, regardless of the percentage of ownership, if any, of the individual in such business, shall be treated as one (1) person.
.040 Any contributions made by a committee in support of or in opposition to a city candidate shall be aggregated with the contributions made by any other committee in support of or in opposition to the same city candidate, if a majority of the officers of such committees are the same individuals. No committee shall act in concert with, or solicit or make contributions on behalf of, any other committee. This subsection shall not apply to treasurers of committees, if such treasurers do not participate in or control in any way a decision on whether the candidate or candidates receive contributions.
.050 Contributions by a married person shall be treated as the separate contributions of such person and shall not be aggregated with any contributions of the spouse of such person.
.060 Contributions by children under eighteen years of age shall be treated as contributions by their parent(s) or legal guardian(s) (one-half to each parent or guardian) unless only one parent or guardian has legal custody of such child, in which event any such contributions shall be attributed solely to the custodial parent. (Ord. 5704 § 2 (part); October 19, 1999; Ord. 5858 § 1 (part); May 20, 2003: Ord. 6197 § 5; November 16, 2010.)
.010 A city candidate shall have no more than one controlled committee for each city office, and such controlled committee shall have only one bank account out of which all qualified campaign and officeholder expenses related to that city office shall be made; except that an elective city officer may deposit contributions into, and pay officeholder expenses from, the bank account of a controlled committee established for the immediate past city election at which such officeholder was elected to the extent provided in Section 1.09.055.
.020 This section does not prevent a city candidate or an elective city officer from establishing another controlled committee solely for the purpose of running for a state, federal, county, or other elective city office, or for opposing his or her recall. For purposes of this section, candidacy for the same office at different city elections shall be deemed different city offices.
.030 Notwithstanding the foregoing, this section shall not prohibit the establishment of savings accounts or certificates of deposit or other financial instruments, provided that no campaign or officeholder expenditure may be made from them. (Ord. 5704 § 2 (part); October 19, 1999; Ord. 5858 § 1 (part); May 20, 2003: Ord. 6197 § 6; November 16, 2010.)
.010 Inter-Candidate Transfers (Transfers Between Different Candidates).
.0101 No city candidate or elective city officer, and no committee controlled by a city candidate or elective city officer, shall make any contribution to any other city candidate or elective city officer or to any committee controlled by, supporting or opposing any other city candidate or elective city officer.
.0102 No contribution shall be accepted by any city candidate or elective city officer, or the controlled committee of such candidate or officer, from any other committee controlled by another federal, state, local or city candidate or officeholder.
.0103 This section shall not prohibit a city candidate or elective city officer from making a contribution from his or her own personal funds to his or her own candidacy or to the candidacy of any other candidate for elective city office, subject to the limitations set forth in Section 1.09.050.
.020 Intra-Candidate Transfers (Transfers Between Committees of the Same Candidate).
.0201 A city candidate or elective city officer may make a one-time-only transfer of funds from his or her controlled committee for an elective federal, state, local or city office (the “transferor committee”) to his or her controlled committee for a different city office (the “transferee committee”), subject to the contribution limits set forth in this chapter. Contributions originally made to the transferor committee shall be transferred to the transferee committee on a “last in-first out” basis. Each transferred contribution, when combined with all other contributions received by the candidate or officeholder, and his or her controlled committee, from that contributor during the election cycle in which the funds are transferred, shall be subject to the contribution limitations of this chapter. Transferred contributions shall be deemed contributions made to the transferee committee in the election cycle in which such contributions are received by the transferee committee. Contributions received by the transferor committee on or after the date the candidate formed a committee to run for City office, may not be transferred to the transferee committee established to run for that City office.
.0202 The term “election cycle,” as used in this section, shall mean the applicable period described in Section 1.09.060.
.0203 Any transfer of funds must be accompanied by a report disclosing the name, address, occupation and employer, and amount of contribution being transferred, for each person whose contributions or a portion thereof are being transferred (the “transfer report”). Said transfer report shall be prepared by the treasurer of the transferor committee, and a copy thereof shall be submitted to the treasurer of the transferee committee at the time such contributions are transferred. A copy of the transfer report shall be filed with the campaign statement required to be filed by such transferee committee under the provisions of the Political Reform Act, which campaign statement covers the period during which the transferred funds were received by the transferee committee. In lieu of a Transfer Report, Schedule A of Form 460 or any successor form thereto, may be filed. (Ord. 5704 § 2 (part); October 19, 1999; Ord. 5858 § 1 (part); May 20, 2003: Ord. 6197 § 7; November 16, 2010.)
.010 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 chapter.
.0101 Notwithstanding Sections 1.09.050.040 and 1.09.100, a city candidate shall not personally loan to the candidate's campaign, including the proceeds of a loan obtained by the candidate from a commercial lending institution, an amount, the outstanding balance of which exceeds one hundred thousand dollars ($100,000). A candidate shall not charge interest on any loan the candidate makes to the candidate's campaign."
.020 The proceeds of a loan made to a city candidate by a commercial lending institution in the regular course of business on the same terms available to members of the public shall not be subject to the contribution limitations of this chapter if the loan is made directly to the candidate. The guarantors of such a loan shall remain subject to the contribution limits of this chapter.
.030 Every loan to a City Candidate or Elective City Officer or his or her controlled committee shall be by written agreement which shall be filed with the campaign statement on which the loan is first reported. In the case of a loan from the City Candidate or Elective City Officer to his or her controlled committee for which the candidate is personally liable, the written agreement shall identify the initial source of the loan (i.e., credit cards, a third party, a commercial lending institution).
.040 Extensions of credit (other than loans pursuant to subsection 1.09.100.020) shall be subject to the contribution limitations of this chapter unless the extension of credit meets the conditions set forth in either subdivisions (b)(1) or (b)(2) of Section 18530.7 of Title 2 of the California Code of Regulations, as that section may, from time to time, be amended.
.050 This section shall apply only to loans and extensions of credit used, or intended for use, for campaign purposes, or which are otherwise connected with the holding of public office. (Ord. 5704 § 2 (part); October 19, 1999; Ord. 5858 § 1 (part); May 20, 2003: Ord. 6197 § 8; November 16, 2010; Ord. 6567 § 1; February 27, 2024.)
Any funds, property, goods or services, other than government funds, received by elective city officers which are used, or intended by the donor or by the recipient to be used, for expenses (including legal expenses) related to holding public office, shall be considered campaign contributions and shall be subject to the limitations of this chapter. Reimbursement for travel expenses related to holding public office shall be excluded from the provisions of this section. (Ord. 5704 § 2 (part); October 19, 1999; Ord. 5858 § 1 (part); May 20, 2003.)
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