A. Councilmembers. Contributions to candidates for the office of city councilmember are subject to the following limitations in addition to any limitations established by the Political Reform Act:
1. Contributions by Persons. No person shall make, and no candidate for the office of city councilmember, controlled committee of the candidate, or person acting by or on behalf of the candidate or the candidate's controlled committee shall accept, any contribution that would cause the total amount contributed by that person to the candidate, or to the candidate's controlled committee, to exceed $2,050 in any of the following periods: a primary election period; a general election period; or a special election period. If the Political Reform Act establishes a lower limit for special elections, the lower limit applies.
2. Contributions by Large Political Committees. No large political committee shall make, and no candidate for the office of city council member, controlled committee of the candidate, or person acting by or on behalf of the candidate or the candidate's controlled committee shall accept, any contribution that would cause the total amount contributed by that large political committee to the candidate, or to the candidate's controlled committee, to exceed $6,800 in any of the following periods: a primary election period; a general election period; or a special election period. If the Political Reform Act establishes a lower limit for special elections, the lower limit applies.
B. Mayor. Contributions to candidates for the office of mayor shall be subject to the following limitations in addition to any limitations established by the Political Reform Act:
1. Contributions by Persons. No person shall make, and no candidate for the office of mayor, controlled committee of the candidate, or person acting by or on behalf of the candidate or the candidate's controlled committee, shall accept into the candidate's campaign contribution account, any contribution that would cause the total amount contributed by that person to the candidate, or to the candidate's controlled committee to exceed $4,050 in any of the following periods: a primary election period; a general election period; or a special election period. If the Political Reform Act establishes a lower limit for special elections, the lower limit applies.
2. Contributions by Large Political Committees. No large political committee shall make, and no candidate for the office of mayor, controlled committee of the candidate, or person acting by or on behalf of the candidate or the candidate's controlled committee shall accept, any contribution which would cause the total amount contributed by that large political committee to the candidate, or to the candidate's controlled committee, to exceed $13,550 in any of the following periods: a primary election period; a general election period; or a special election period. If the Political Reform Act establishes a lower limit for special elections, the lower limit applies.
C. Contributions by a Candidate to the Candidate's Campaign. Nothing in subsections A and B of this section is intended to limit the amount that a candidate may contribute to his or her own campaign from his or her personal funds.
D. Contributions to Committees. No person shall make to any committee which contributes to any candidate for city elective office or makes expenditures for or against any candidate for city elective office, and no such committee shall accept from any person a contribution or contributions totaling more than nine hundred dollars ($900.00) in a calendar year; and no large political committee shall make to any committee which contributes to any candidate for city elective office or makes expenditures for or against any candidate for city elective office, and no such committee shall accept from any large political committee a contribution or contributions totaling more than three thousand five hundred dollars ($3,500.00) in a calendar year. The provisions of this subsection shall not apply to contributions to candidates and candidate-controlled committees, which shall be subject to the limits set forth in subsections A and B of this section.
Exception. A committee may solicit and accept contributions in excess of the limits established by subsection D if the committee makes expenditures for any lawful purpose other than supporting or opposing candidates for city elective office, provided that:
1. Funds received from contributions in excess of the limits set forth in subsection D are used only for lawful purposes other than supporting or opposing candidates for city elective office or making contributions to candidates for city elective office; and
2. The committee shall establish a separate bank account to be used for making expenditures to support or oppose candidates for city elective office or for making contributions to candidates for city elective office. All expenditures to support or oppose candidates for city elective office and all contributions made by the committee to candidates for city elective office must be made with funds from this account. A committee may not deposit into this account any contributions that were solicited or accepted in excess of the limitations established by subsection 1 above.
E. Making and Acceptance of Contributions, Timing of Contributions and Contributions to Officeholders in Off-Election Years.
1. Making and Acceptance of Contributions. For purposes of this chapter, a contribution shall have been considered to have been "made" and "accepted" as follows:
a. Monetary Contributions.
i. Making of Monetary Contributions. For purposes of the contribution limitations of this chapter, a monetary contribution is made on the date the contribution is mailed, delivered, or otherwise transmitted to the candidate or a controlled committee. The date of the check or other negotiable instrument by which the contribution is made may be presumed by the candidate or controlled committee to be the date on which the contribution was mailed, delivered or otherwise transmitted, unless it is known to the candidate to be later than the date the contribution is mailed, delivered or otherwise transmitted, in which case the earlier date shall be considered the date on which the contribution is made.
ii. Acceptance of Monetary Contributions. For purposes of the contribution limits of this chapter, a monetary contribution shall be deemed "accepted" on the date that it is made; provided that a monetary contribution shall not be considered accepted for purposes of this chapter if it is not cashed, negotiated or deposited, and, in addition, is returned to the donor within fourteen (14) days of receipt.
b. Nonmonetary Contributions.
i. Making of Nonmonetary Contributions. A nonmonetary contribution is made by the contributor on the earlier of the following dates: (A) the date that funds are expended by the contributor for goods or services if the specific expenditure is made at the request of the candidate or controlled committee; (B) the date that the candidate or controlled committee or agent of the candidate or controlled committee obtains possession or control of the goods or services; or (C) the date that the candidate or controlled committee otherwise receives the benefit of the expenditure.
ii. Acceptance of Nonmonetary Contributions. A nonmonetary contribution is deemed accepted on the date that it is made by the contributor; provided that a nonmonetary contribution shall be deemed not to have been accepted for purposes of this chapter if it is returned within fourteen (14) days of having been made by returning to the contributor any of the following: (A) the nonmonetary contribution; (B) its monetary equivalent; or (C) the monetary amount by which the value of the nonmonetary contribution exceeds the contribution limits of this chapter.
2. Timing of Contributions. For purposes of this chapter, a contribution shall be deemed to be a contribution during a general election period only if it is made by the contributor on or after the first day of the month immediately following the month in which the primary election is held.
3. Contributions Made in Off-Election Years.
a. Contributions made to candidates for city elective office during an off-election year shall be attributed to, and shall be considered to have been made during, the primary election period, general election period or special election period for purposes of the contribution limits established by subsections A and B of this section.2.13.050
i. Contributions to Officeholders in Off-election Years. Contributions to an incumbent mayor or an incumbent member of the city council made in an off-election year shall be considered contributions for the election in which the incumbent acquired his or her office, unless the contributions are accepted and deposited into a new campaign contribution account for a future election to the same or different office.
ii. Contributions to Nonincumbent Candidates in Off-election Years. Contributions made during an off-election year to a nonincumbent candidate for a future city elective office for which a primary or special election will be held shall be considered contributions made during the primary or special election period unless the contributions are accepted and deposited into a campaign contribution account established for a prior election or an election for a different office.
F. Subsection D of this section relating to contributions to committees shall be of no further force and effect until further legislative action is taken by the city council by ordinance. (Ord. 2023-0006 § 1; Ord. 2021-0007 § 2; Ord. 2019-0004 § 2; Ord. 2017-0027 § 3; Ord. 2015-0009 §§ 1, 2; Ord. 2013-0005 §§ 2-4; Ord. 2012-021 § 3; Ord. 2011-19 §§ 1, 2; Ord. 2009-020 § 1; Ord. 2007-098 § 2; Ord. 2007-015 §§ 1-3; Ord. 2005-072 § 2; Ord. 2003-010 § 1; Ord. 2000-048 § 1)2.13.050