SEC. 1.134.5. [ REPEALED.]

(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071003, App. 11/26/2007; Ord. 74-08, File No. 080278, App. 4/30/2008; Ord. 243-08, File No. 081061, App. 10/30/2008; repealed by Ord. 234-09, File. No. 090989, App. 11/20/2009)

SEC. 1.135. SUPPLEMENTAL PRE-ELECTION STATEMENTS.

   (a)   Supplemental Preelection Statements – General Purpose Committees. In addition to the campaign disclosure requirements imposed by the California Political Reform Act and other provisions of this Chapter 1, a San Francisco general purpose committee that makes contributions or expenditures totaling $500 or more during the period covered by the preelection statement, other than expenditures for the establishment and administration of that committee, shall file a preelection statement before any election held in the City and County of San Francisco at which a candidate for City elective office or City measure is on the ballot.

   (b)   Time for Filing Supplemental Preelection Statements – General Purpose Committees.

      (1)   Even-Numbered Years. In even-numbered years, preelection statements required by subsection (a) shall be filed pursuant to the preelection statement filing schedule established by the Fair Political Practices Commission for county general purpose recipient committees. In addition to these deadlines, preelection statements shall also be filed, for the period ending six days before the election, no later than four days before the election.

      (2)   Odd-Numbered Years. In odd-numbered years, the filing schedule for preelection statements is as follows:

         (A)   For the period ending 45 days before the election, the statement shall be filed no later than 40 days before the election;

         (B)   For the period ending 17 days before the election, the statement shall be filed no later than 12 days before the election; and

         (C)   For the period ending six days before the election, the statement shall be filed no later than four days before the election.

   (c)   Time for Filing Supplemental Preelection Statements – Ballot Measure Committees and Candidate Committees. In addition to the deadlines established by the Fair Political Practices Commission, ballot measure committees and candidate committees required to file preelection statements with the Ethics Commission shall file a third preelection statement before any election held in the City and County of San Francisco at which a candidate for City elective office or City measure is on the ballot, for the period ending six days before the election, no later than four days before the election.

   (d)   The Ethics Commission may require that these statements be filed electronically.

(Added by Ord. 141-03, File No. 030034, App. 6/27/2003; amended by Ord. 228-06, File No. 060501, App. 9/14/2006; Ord. 234-09, File. No. 090989, App. 11/20/2009; Ord. 102-15 , File No. 150294, App. 6/25/2015, Eff. 7/25/2015; Ord. 129-18, File No. 180280, App. 5/30/2018, Eff. 6/30/2018, Oper. 1/1/2019)

SEC. 1.136. PUBLIC FINANCING OF CANDIDATES FOR THE BOARD OF 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)

SEC. 1.138. ELECTION CAMPAIGN FUND; APPROPRIATION OF FUNDS.

   (a)   ESTABLISHMENT OF ELECTION CAMPAIGN FUND. There is hereby established a special fund of the City and County of San Francisco called the Election Campaign Fund. All money deposited in the Fund is hereby appropriated for use as specified in this Chapter and the implementing regulations.

   (b)   APPROPRIATION TO ELECTION CAMPAIGN FUND. Except as provided in Subsections (b)(3) and (b)(4), each fiscal year the City and County of San Francisco shall appropriate $2.75 per resident of the City and County of San Francisco to the Election Campaign Fund to provide funding for election campaigns as authorized by this Chapter for all candidates for Mayor or the Board of Supervisors who may be eligible to receive such funds. At the request of the Ethics Commission, the Controller shall estimate the number of residents of the City and County of San Francisco for purposes of this subsection.

      (1)   Any funds in the Election Campaign Fund not used in one election shall be carried over for use in the following election, provided that at no time shall the total amount in the Election Campaign Fund exceed $7 million. Any funds in the Election Campaign Fund in excess of $7 million shall be returned to the General Fund.

      (2)   Funds necessary for the Ethics Commission to administer the public financing program for candidates for Mayor or the Board of Supervisors authorized under Section 1.136 of this Chapter shall be taken from the Election Campaign Fund. The Commission's administrative expenses for such public financing program for any election shall not exceed 15% of the total amount of funds in the Election Campaign Fund for that election.

      (3)   If the Office of Mayor becomes vacant and an election is held to fill the vacancy for the remainder of the term, the City and County of San Francisco shall appropriate additional funds to the Election Campaign Fund in an amount that ensures that at least $8.00 per resident is available in the Election Campaign Fund for that election and the next regularly scheduled Mayoral election.

      (4)   If an office of a member of the Board of Supervisors becomes vacant and an election is held to fill the vacancy for the remainder of the term, the City and County of San Francisco shall appropriate an additional $0.25 per resident to the Election Campaign Fund for that election. These additional funds shall not be subject to the limit in Subsection (b)(1) of this Section. Any funds appropriated pursuant to this subsection that are not used for the election to fill the vacancy shall be returned to the General Fund.

(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. 64-12, File No. 111082, App. 4/20/2012, Eff. 5/20/2012)

SEC. 1.138.5. [ REPEALED.]

(Added by Ord. 31-06, File No. 051773, App. 2/23/2006; repealed by Ord. 268-07, File No. 071003, App. 11/26/2007)

SEC. 1.140. ELIGIBILITY TO RECEIVE PUBLIC FINANCING.

   (a)   REQUIREMENTS FOR ALL CANDIDATES. To be eligible to receive public financing of campaign expenses under this Chapter, a candidate must:

      (1)   Have filed a statement indicating that he or she intends to participate in the public financing program under Section 1.142 of this Chapter.

      (2)   Agree to the following conditions:

         (A)   The candidate bears the burden of providing that each contribution the candidate relies upon to establish eligibility is a qualifying contribution;

         (B)   The candidate bears the burden of proving that expenditures made with public funds provided under this Chapter comply with Section 1.148 of this Chapter;

         (C)   The candidate will not make any payments to a contractor or vendor in return for the contractor or vendor making a campaign contribution to the candidate or make more than a total of 50 payments, other than the return of a contribution, to contractors or vendor that have made contributions to the candidate;

         (D)   Notwithstanding Sections 1.114 and 1.116, the candidate shall not loan or donate, in total, more than $5,000 of his or her own money to the campaign;

         (E)   The candidate shall not accept any loans to his or her campaign with the exception of a candidate's loan to his or her own campaign as permitted by this Section; and

         (F)   The candidate shall agree to participate in at least three debates with the candidate's opponents.

      (3)   Have paid any outstanding late fines or penalties, owed to the City by the candidate or any of the candidate's previous campaign committees, which were imposed for violations of this Code or the campaign finance provisions of the California Political Reform Act (Government Code Sections 84100-85704), provided that the Ethics Commission had notified the candidate of such fines or penalties by the time of certification.

      (4)   Have filed any outstanding forms, owed to the City by the candidate or any of the candidate's previous campaign committees, which were required to be filed pursuant to this Code or the campaign finance provisions of the Political Reform Act (Government Code Sections 84100-85704), provided that the Ethics Commission had notified the candidate of such outstanding forms by the time of certification.

      (5)   Have no finding by a court or by the Ethics Commission after a hearing on the merits, within the prior five years, that the candidate knowingly, willfully, or intentionally violated any Section of this Code or the campaign finance provisions of this California Political Reform Act (Government Code Sections 84100-85704). For purposes of this Section, a plea of nolo contendere constitutes a finding by a court of a willful violation.

   (b)   ADDITIONAL REQUIREMENTS FOR CANDIDATES FOR THE BOARD OF SUPERVISORS. To be eligible to receive public financing of campaign expenses under this Chapter, a candidate for the Board of Supervisors must:

      (1)   Be seeking election to the Board of Supervisors and be eligible to hold the office sought;

      (2)   Have a candidate committee that has received at least $10,000 in qualifying contributions from at least 100 contributors by the 70th day before the election; or, if the candidate is an incumbent member of the Board of Supervisors, have a candidate committee that has received at least $15,000 in qualifying contributions from at least 150 contributors by the 70th day before the election;

      (3)   Be opposed by another candidate who has either established eligibility to receive public financing, or whose candidate committee has received contributions or made expenditures which in the aggregate equal or exceed $10,000; and

      (4)   Agree that his or her candidate committee will not make qualified campaign expenditures that total more than the candidate’s Individual Expenditure Ceiling of $350,000, or as adjusted under Section 1.143 of this Chapter.

   (c)   ADDITIONAL REQUIREMENTS FOR CANDIDATES FOR MAYOR. To be eligible to receive public financing of campaign expenses under this Chapter, a candidate for Mayor must:

      (1)   Be seeking election to the office of Mayor and be eligible to hold the office sought;

      (2)   Have a candidate committee that has received at least $50,000 in qualifying contributions from at least 500 contributors by the 70th day before the election; or, if the candidate is the incumbent Mayor, have a candidate committee that has received at least $75,000 in qualifying contributions from at least 750 contributors by the 70th day before the election;

      (3)   Be opposed by another candidate who has either established eligibility to receive public financing, or whose candidate committee has received contributions or made expenditures that in the aggregate equal or exceed $50,000; and

      (4)   Agree that his or her candidate committee will not make qualified campaign expenditures that total more than the candidate’s Individual Expenditure Ceiling of $1,700,000, or as adjusted under Section 1.143 of this Chapter.

   (d)   ADJUSTMENT OF EXPENDITURE LIMITS AND THRESHOLDS. The Ethics Commission is authorized to adjust:

      (1)   The figures in Subsections (b)(4) and (c)(4) to reflect changes in the California Consumer Price Index, provided that such adjustments shall be rounded off to the nearest $1,000 for candidates for the Board of Supervisors and the nearest $5,000 for candidates for Mayor;

      (2)   The figure in Subsection (a)(2)(D) of this Section to reflect changes in the California Consumer Price Index, provided that such adjustments shall be rounded off to the nearest $1,000;

      (3)   The figures in Subsections (b)(2) and (b)(3) of this Section to reflect changes in the California Consumer Price Index, provided that such adjustments shall be rounded off to the nearest $500;

      (4)   The figures in Subsections (c)(2) and (c)(3) of this Section to reflect changes in the California Consumer Price Index, provided that such adjustments shall be rounded off to the nearest $5,000; and

      (5)   The maximum amount of a contribution that constitutes a qualifying contribution pursuant to Section 1.104 to reflect changes in the California Consumer Price Index, provided that such adjustments shall be rounded off to the nearest $10.

(Added by Proposition O, 11/7/2000; amended by Ord. 141-03, File No. 030034, App. 6/27/2003; Ord. 236-05, File No. 051033, App. 10/7/2005; 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; Ord. 64-12, File No. 111082, App. 4/20/2012, Eff. 5/20/2012; Ord. 218-19, File No. 190660, App. 10/4/2019, Eff. 11/4/2019, Oper. 1/1/2020)