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(a) USE FOR QUALIFIED CAMPAIGN EXPENDITURES ONLY. Candidates who receive public financing may use the public funds solely to pay for qualified campaign expenditures and to repay loans used to pay for qualified campaign expenditures except that public funds may be used to pay filing fees and costs incurred after the election that do not directly affect the outcome of the election, including but not limited to utility bills, expenses associated with an audit, and expenses related to preparing post-election campaign finance disclosure reports as required by the California Political Reform Act, Government Code Section 81000, et seq., and the provisions of this Chapter. Candidates may not use public funds to pay for expenses incurred in connection with an administrative or judicial proceeding. Candidates may not use public funds to pay administrative, civil or criminal fines, including late filing fines, or to pay for inaugural activities or officeholder expenses. Candidates may not use public funds to pay post-election bonuses to campaign employees or for election victory celebrations or similar post-election campaign events.
(b) WITHDRAWAL OR FAILURE TO QUALIFY. Any candidate who receives public financing but who withdraws or fails to qualify to have his or her name printed on the ballot in the election for which the public funds were provided shall repay the Election Campaign Fund the full sum received from the Fund.
(c) UNEXPENDED PUBLIC FUNDS. Any candidate who receives public financing and whose committee has unexpended public funds shall pay to the City and County of San Francisco and deliver to the Ethics Commission those funds for deposit in the Election Campaign Fund no later than 30 days after the Ethics Commission completes its audit of the candidate's committee. Unexpended funds may be used to pay for expenses associated with an audit such as bank fees, treasurer fees and storage fees until the Ethics Commission completes its audit of the candidate's committee.
(Added by Proposition O, 11/7/2000; amended by Ord. 141-03, File No. 030034, App. 6/27/2003; Ord. 31-06, File No. 051773, App. 2/23/2006; Ord. 228-06, File No. 060501, App. 9/14/2006; Ord. 268-07, File No. 071003, App. 11/26/2007; Ord. 234-09, File. No. 090989, App. 11/20/2009)
(a) AUDIT. The Ethics Commission shall audit all candidate committees whose candidates have received public financing under this Chapter. Audits of candidate committees conducted under this Subsection shall begin within 60 days after the date the candidate committees' first post-election campaign disclosure report is required to be filed pursuant to Section 1.106 of this Chapter. In his or her discretion, the Executive Director may initiate additional targeted or randomly selected audits of any committee, irrespective of whether the committee received any public funds. At the request of the Executive Director, the Controller shall assist in conducting these audits.
(b) REPAYMENT.
(1) If the Ethics Commission determines that any portion of the payments made to a candidate from the Election Campaign Fund exceeded the aggregate amount of payments to which the candidate was entitled under this Chapter, the Commission shall notify the Controller and the candidate. In addition to any other penalties, the candidate shall pay to the City and County of San Francisco, and deliver to the Ethics Commission an amount equal to the amount of the excess payments, and if the Commission determines that any amount of any payment made to a candidate from the Election Campaign Fund was used for something other than qualified campaign expenditures, the candidate shall pay to the Ethics Commission an amount equal to the improper expenditure.
(2) Any candidate who receives public funds under this Chapter and exceeds his or her Individual Expenditure Ceiling by ten percent or more shall, in addition to any other penalties, pay to the Ethics Commission an amount equal to the amount of public funds the candidate received under this Chapter.
(3) All payments delivered to the Ethics Commission under this Section shall be deposited in the Election Campaign Fund.
(Added by Proposition O, 11/7/2000; amended by Ord. 141-03, File No. 030034, App. 6/27/2003; Ord. 31-06, File No. 051773, App. 2/23/2006; Ord. 228-06, File No. 060501, App. 9/14/2006; Ord. 268-07, File No. 071003, App. 11/26/2007; Ord. 234-09, File. No. 090989, App. 11/20/2009)
(a) ELECTIONS FOR THE BOARD OF SUPERVISORS.
(1) In addition to the campaign disclosure requirements imposed by the California Political Reform Act and other provisions of this Chapter, each candidate committee supporting a candidate for the Board of Supervisors shall file a statement with the Ethics Commission indicating when the committee has received contributions to be deposited into its Campaign Contribution Trust Account or made expenditures that equal or exceed $10,000 within 24 hours of reaching or exceeding that amount.
(2) In addition to the supplemental report in subsection (a)(1) of this Section, each candidate committee supporting a candidate for the Board of Supervisors shall file a statement with the Ethics Commission disclosing when the committee has received contributions to be deposited into its Campaign Contribution Trust Account or made expenditures that in the aggregate-equal or exceed $100,000. The candidate committee shall file this report within 24 hours of reaching or exceeding the threshold. Thereafter, the candidate committee shall file an additional supplemental report within 24 hours of every time the candidate committee receives additional contributions to be deposited into its Campaign Contribution Trust Account or makes additional expenditures that in the aggregate equal or exceed $10,000.
(3) The Executive Director shall post the information disclosed on statements required by this subsection on the website of the Ethics Commission within two business days of the statement's filing.
(b) ELECTIONS FOR MAYOR.
(1) In addition to the campaign disclosure requirements imposed by the California Political Reform Act and other provisions of this Chapter, each candidate committee supporting a candidate for Mayor shall file a statement with the Ethics Commission indicating when the candidate committee has received contributions to be deposited into its Campaign Contribution Trust Account or made expenditures that equal or exceed $50,000 within 24 hours of reaching or exceeding that amount.
(2) In addition to the supplemental report in Subsection (b)(1) of this Section, each candidate committee supporting a candidate for Mayor shall file a statement with the Ethics Commission disclosing when the candidate committee has received contributions to be deposited into its Campaign Contribution Trust Account or made expenditures that in the aggregate-equal or exceed $1,000,000. The candidate committee shall file this report within 24 hours of reaching or exceeding the threshold. Thereafter, the candidate committee shall file an additional supplemental report within 24 hours of every time the candidate committee receives additional contributions or makes additional expenditures that in the aggregate equal or exceed $50,000.
(3) The Executive Director shall post the information disclosed on statements required by this subsection on the website of the Ethics Commission within two business days of the statement's filing.
(c) The supplemental statements required by Subsections (a)(2) and (b)(2) are not required until the Ethics Commission has certified that at least one candidate is eligible to receive public funds under this Chapter, provided that within two business days of the date that the Ethics Commission provides notice under this subsection that it has certified that a candidate is eligible to receive public funds under this Chapter, any report that previously would have been required under (a)(2) and (b)(2) must be filed. Within two business days of certifying that at least one candidate is eligible to receive public financing under this Chapter, the Ethics Commission shall post a notice on its website, send out a press release and send written notice by regular or electronic mail to all other candidates running for the same City elective office and to any other person who has requested such notice.
(Added by Proposition O, 11/7/2000; amended by Ord. 141-03, File No. 030034, App. 6/27/2003; Ord. 3-06, File No. 051439, App. 1/20/2006; 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. 102-15
, File No. 150294, App. 6/25/2015, Eff. 7/25/2015; Ord. 218-19, File No. 190660, App. 10/4/2019, Eff. 11/4/2019, Oper. 1/1/2020)
(a) REPORT BY CONTROLLER. At the request of the Ethics Commission, the Controller shall provide a statement of the total amount of funds in the Election Campaign Fund.
(b) INSUFFICIENT FUNDS.
(1) Elections for Mayor. No later than August 1 before an election for Mayor, the Executive Director shall notify the Commission and the Board of Supervisors whether $7.50 per resident, after subtracting 15% for the administrative expenses provided under Section 1.138(b)(2), exists in the Election Campaign Fund. If $7.50 per resident, plus 15% for administrative expenses, does not exist in the Election Campaign Fund, the Commission may, in accordance with the fiscal provisions of the Charter, request a supplemental appropriation from the Board of Supervisors and the Mayor to provide additional funding to the Election Campaign Fund so that $7.50 per resident, plus 15% for administrative expenses, exists in the fund for the upcoming election. This requirement shall not apply to any election held to fill the vacancy for the remainder of a term.
(2) Elections for the Board of Supervisors. No later than August 1 before an election for the Board of Supervisors, the Executive Director shall notify the Commission and the Board of Supervisors whether $1.50 per resident, after subtracting 15% for the administrative expenses provided under Section 1.138(b)(2), exists in the Election Campaign Fund. If $1.50 per resident, plus 15% for administrative expenses, does not exist in the Election Campaign Fund, the Commission may, in accordance with the fiscal provisions of the Charter, request a supplemental appropriation from the Board of Supervisors and the Mayor to provide additional funding to the Election Campaign Fund so that $1.50 per resident, plus 15% for administrative expenses, exists in the fund for the upcoming election. This requirement shall not apply to any election held to fill the vacancy for the remainder of a term.
(Added by Proposition O, 11/7/2000; amended by Ord. 141-03, File No. 030034, App. 6/27/2003; 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)
Following each election at which the Mayor or members of the Board of Supervisors are elected, the Ethics Commission shall submit a report to the Mayor and Board of Supervisors. The report shall state the amount of public funds used to pay for election campaigns in that election and such other information as the Ethics Commission deems useful, including the number of candidates who received public funds; the number of nonparticipating candidates; the amount of qualified campaign expenditures made by all candidates in that election; and the amount of independent expenditures made in connection with the election.
(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)
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