(a) Limit on Contributions to a Candidate or a Candidate’s Controlled Committee. A person may not make to a candidate or the candidate’s controlled committee, and a candidate or the candidate’s controlled committee may not accept from a person, any contribution totaling more than the per election amount permitted in Government Code § 85301(a), as adjusted by the Fair Political Practices Commission pursuant to California Code of Regulations title 2, section 18544, effective on January 1, 2013, and on January 1 of each odd-numbered year thereafter. Each primary, general, special, and recall election is a separate election for purposes of this Chapter.
(b) Post-Election Fundraising Restrictions. A contribution for an election may be accepted by a candidate after the date of the election only to the extent that the contribution does not exceed net debts outstanding from the election, and the contribution does not otherwise exceed the applicable contribution limit for that election. Notwithstanding any other provision of County Code § 12.4305, if a candidate or the candidate’s controlled committee had net debts resulting from an election held prior to January 1, 2013, contributions to that candidate or committee for that election are not subject to the limits of Subdivision 12.4305(a).
(c) Contributions Received for Primary and General Elections. A candidate may raise contributions for a general election prior to the primary election, and for a special general election prior to a special primary election, for the same elective office if the candidate sets aside these contributions and uses these contributions for the general election or special general election. If the candidate is elected to office in a primary election or special primary election and will not appear on the ballot in the ensuing general election or special general election, is defeated in the primary election or special primary election, or otherwise withdraws from the general election or special general election, the general election or special general election funds shall be refunded to the contributors on a pro rata basis less any expenses associated with the raising and administration of general election or special general election contributions. Notwithstanding Government Code § 85201, candidates may establish separate campaign contribution accounts for the primary and general elections or special primary and special general elections.
(d) Separate Controlled Committee for Each Campaign Account. A candidate who is required to file a statement of organization for a controlled committee pursuant to Government Code § 84101 shall establish a separate controlled committee and campaign bank account for each specific term of elective office identified in statements filed by the candidate pursuant to Government Code § 85200. A controlled committee and campaign bank account established for a specific term of elective office may not be redesignated as a controlled committee and campaign account for a future election, even if the future election is for the same elective office.
(e) Return of Contribution in Excess of Limits.
(2) A monetary contribution shall be returned prior to deposit or negotiation, within 14 days of receipt.
(3) A non-monetary contribution shall be returned by returning to the contributor, within the deadline specified in Subdivision (2), any of the following: the non-monetary contribution; its monetary equivalent; the monetary amount by which the value of the non-monetary contribution exceeds the contribution limits of § 12.4305(a).
(4) Subdivision (e) shall not be construed to authorize the making or solicitation of any contribution in excess of the contribution limits of § 12.4305(a).
(Ord. 4184, passed - -2012; Am. Ord. 4226, passed - -2014)