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The City of Sacramento

Campaign Reform Act of 2000

Section 1. Campaign Reform Act Chapter 62.05 is added to the Sacramento Municipal Code, commencing with Section 62.05.100, as

62.05.100 Title

62.05.101 Findings and Declarations

(a) Monetary contributions to political campaigns are a legitimate form of participation in the American political process, but the financial strength of certain persons should not permit them to exercise a controlling influence on the election of city candidates.

(b) Campaign fundraising and spending in city elections are escalating to levels that are causing the public to lose confidence in the integrity of the political system.

(c) Campaign contributions are becoming the primary determinant of successful campaigns.

(d) Candidates have become too preoccupied with fundraising as a measure of viable and successful candidacies.

(e) Candidates are raising less money in small contributions and more money in large contributions. This has created the public impression that the small contributor has an insignificant role in political campaigns.

(f) Incumbents raise far more funds than potential challengers in off-election years, amassing large campaign warchests to discourage challengers.

(g) The system of unregulated private campaign fundraising has reduced the choice of viable candidates for the electorate to those candidates who have access to large sums of private money.

(h) Private major donors have excessive influence over the choice of candidates and the electoral success of officeholders.

62.05.102 Purpose

The people enact this Act to accomplish the following purposes:

(a) To ensure that persons in the City of Sacramento have a fair and meaningful opportunity to participate in the electoral process.

(b) To reduce the influence of large contributors with a specific financial stake in matters before the city, thus countering the perception that public policy is influenced more by campaign contributions than the merits of the policy or the interests of the citizens of Sacramento.

(c) To ensure that all meritorious candidates are able to raise and spend sufficient campaign funds through public financing of elections to convey their messages to the voters.

(d) To reduce the need for ongoing fundraising and to encourage candidates to spend more time communicating with citizens.

(e) To give all citizens an opportunity for a reasonable supporting role in the selection of officeholders by making even small contributions meaningful.

(f) To encourage increased public involvement in politics, competition among candidates, and a growing understanding and trust of the electoral process and our government.

62.05.103 Definitions

Unless otherwise defined in this section, or the contrary is stated or clearly appears from the context, the definitions and provisions of the Political Reform Act of 1974, Government Code Sections 81000 et seq., as amended, and the definitions in this section, shall govern the interpretation of this chapter.

(a) “Committee” shall mean any person acting, or any combination of two or more persons acting jointly, who raise or spend $1,000 or more in behalf of or in opposition to a candidate or for the qualification to the ballot or adoption or rejection of one or more ballot measures. A “committee” shall also mean any nonprofit organization as defined by 26 U.S.C.A. §501(c)(3) or 26 U.S.C.A. §501(c)(4) which is established, financed or controlled by any candidate for City office or by any City officer or agent thereof, as well as any such nonprofit organization which is established, financed or controlled by any candidate for City office or by any City officer or agent thereof supporting or opposing a City ballot measure, conducting a voter registration drive or conducting a voter turnout drive.

(b) “Election” shall mean any primary, general, or special election for city office or city ballot measure. The primary election period shall extend from January 1 of the first year of an entire election cycle up to and including the date of the primary election, and the general election period shall extend from the day following the primary election up to and including December 31 following the general election. The special election period shall extend from the day on which a special election is called by the city council up to and including the date of the special election.

(c) “Election Cycle” shall mean a four year period preceding a term of office, beginning on January 1, and ending December 31 of the fourth year thereafter.

(d) “Qualified campaign expenditure” for candidates includes all of the following:

1. Any expenditure made by a candidate, officeholder or committee controlled by the candidate or officeholder, for the purpose of influencing or attempting to influence the actions of the voters for or against the election of any candidate for City elective office;

2. A nonmonetary contribution provided to the candidate, officeholder or committee controlled by the candidate or officeholder, other than volunteer personal services or payments made by an individual for his or her own travel expenses if the payments are made voluntarily without any understanding or agreement that they shall be reimbursed;

3. That portion of the total cost of a slate mailing or mailing of other campaign literature produced or authorized by more than one candidate which is the cost actually paid or incurred by the committee or controlled committee of the candidate.

4. For purposes of disclosure and contribution limits, “qualified campaign expenditure” shall include payments for any mass communications referring to a clearly identified candidate or ballot measure broadcast or distributed to the public within 45 days of an election in which the candidate is on the ballot and which any reasonable person would conclude was done for the purpose of influencing the election. If coordinated with a candidate or committee, such payments shall be an in-kind contribution to the candidate or committee.

(e) “Independent Expenditure” shall mean an expenditure made by any person in connection with a communication which expressly advocates the election or defeat of a candidate or the qualification, passage or defeat of a ballot measure, or taken as a whole or in context, unambiguously urges a particular result in an election but which is not made to or at the behest of the affected candidate or committee. Any expenditures for or against a candidate by a committee which made a contribution of $100 or more to a candidate running in the election for the same office shall be considered an in-kind contribution to that candidate who received the contribution and not an independent expenditure.

(f) “Person” means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, and any other organization or group of persons acting in concert.

62.05.104 Elections Administrator

(a) There is hereby established an Office of Elections Administrator within the City Clerk’s office, the persons or persons of which shall serve as civil servants, whose responsibilities shall include the administration of the contribution limitations, voluntary expenditure ceilings, and public matching fund program set forth in this Act and any other election-related activities deemed appropriate by the City Council.

(b) There shall be appropriated at least $70,000 per fiscal year from the Election Campaign Fund specified in Section 62.05.400, adjusted for the cost of living in the immediate Sacramento area, to the Office of Elections Administrator for the salaries and administrative expenses of implementing this Act. An additional $15,000 per fiscal year shall be appropriated from the Elections Fund, adjusted for the cost of living, to the Elections Administrator for the purpose of conducting audits as prescribed by this Act or for financing other administrative costs as determined by the Administrator.

(c) The Elections Administrator shall develop any and all forms necessary to carry out the provisions of this Act, including forms for statements of acceptance or rejection of expenditure ceilings and forms for candidate requests for public matching funds.

(d) The Elections Administrator shall review the statements of acceptance or rejection of expenditure ceilings, nomination papers, requests for public matching funds and other campaign financial reports in a timely fashion to certify a candidate’s eligibility to receive public matching funds.

(e) The Administrator shall conduct, or authorize an independent agency to conduct, a mandatory audit or audits of all candidates accepting public matching funds. Audits shall be conducted of other candidates as deemed appropriate by the Administrator.

(f) Alleged violations of this Act shall be referred to the civil prosecutor in accordance to the procedures set forth in Section 62.05.600.

62.05.200 Contribution Limitations

(a) No individual shall make to any candidate or candidate’s controlled committee, and no such candidate or candidate’s controlled committee shall accept, a contribution or contributions totaling more than $550 for any city office, other than mayoral office, or contribution or contributions totaling more than $800 for mayoral office, for each election in which the candidate is attempting to be on the ballot, is on the ballot, or is a write-in candidate.

(b) No person, other than an individual, shall make to any candidate or candidate’s controlled committee, and no such candidate or candidate’s controlled committee shall accept, a contribution or contributions totaling more than $1,000 for any city office, other than mayoral office, or contribution or contributions totaling more than $1,500 for mayoral office, for each election in which the candidate is attempting to be on the ballot, is on the ballot, or is a write-in candidate.

(c) No person shall make to any committee which contributes to any candidate or makes expenditures for or against any candidate, and no such committee shall accept from any such person, a contribution or contributions totaling more than $1,500 per calendar year. This subsection shall not apply to candidate-controlled committees.

(d) The provisions of this section shall not apply to a candidate’s contribution of his or her personal funds to his or her own controlled committee, but shall apply to contributions from a spouse.

62.05.201 Aggregate Contribution Limitation

No person shall make a contribution in connection with a single election for an elective City office which would cause the aggregate amount of such contributions by that person to exceed a sum equal to the maximum contribution amounts specified in Section 62.05.200(a) for individuals and Section 62.05.200(b) for persons other than individuals multiplied by the number of City offices appearing on the ballot at that election in connection with all candidates in that election seeking election to all elective City offices; provided, however, that a candidate shall not be limited by this provision in the amount he or she may contribute or expend in connection with his or her own campaign, subject to the provisions of 62.05.402.

62.05.202 Restrictions on Time Period of Contributions

(a) No candidate or candidate’s controlled committee for city office, other than mayoral office, shall accept contributions prior to six months preceding any primary or special election, and no candidate or candidate’s controlled committee for mayoral office shall accept contributions prior to nine months preceding any primary or special election, in which the candidate is attempting to be on the ballot or is a write-in candidate.

(b) No candidate or candidate’s controlled committee for city office shall accept contributions more than 90 days after the withdrawal, defeat or election to office. Contributions immediately following such a withdrawal or election and up to 90 days after that date shall be used only to pay outstanding bills or debts owed by the candidate or controlled committee. This section shall not apply to retiring debts incurred with respect to any election held prior to the effective date of this Act, provided such funds are collected pursuant to the contributions limits of this Act, applied separately for each prior election for which debts are being retired.

(c) Notwithstanding subsection (b), funds may be collected at any time to pay for legal expenses or compliance costs arising directly from the candidate’s alleged violations of state or local election laws, or for a recount or contest of the validity of any election, or for an expense directly associated with an audit or tax liability of the campaign by the candidate or candidate’s controlled committee, provided such funds are collected pursuant to the contribution limits of this Act.

(d) Contributions pursuant to subsections (b) and (c) of this provision shall be considered contributions raised for the election in which the debts, fines, assessments, recounts, contests, audits or tax liabilities were incurred and shall be subject to the contribution limits of that election.

62.05.203 Transfers

No city candidate committee and no committee controlled by a candidate or officeholder, other than a political party committee, shall make any contribution to any other candidate running for city office or his or her controlled committee. This section shall not prohibit a candidate 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 office.

62.05.204 Loans

(a) A loan shall be considered a contribution from the maker and the guarantor of the loan and shall be subject to all contribution limitations.

(b) Extensions of credit for a period of more than 30 days, other than loans from financial institutions given in the normal course of business, are subject to all contribution limitations.

(c) No candidate shall personally make outstanding loans to his or her campaign or campaign committee which total at any one point in time more than $10,000 in the case of any candidate, except for candidates for mayor, or $20,000 in the case of candidates for mayor. Nothing in this section shall prohibit a candidate from making unlimited contributions to his or her own campaign.

62.05.205 Family Contributions

(a) Contributions by a husband and wife shall not be aggregated.

(b) Contributions by children under 18 shall be treated as

contributions attributed equally to each parent or guardian.

62.05.206 Aggregation of Financial Interests

All contributions and payments made by a person established, financed, maintained or controlled by any business entity, labor organization, association, political party or any other person or group of such persons shall be considered to be made by a single person.

62.05.207 Internal Communications

The costs of internal communications to members, employees or shareholders of an organization, other than a political party, for the purpose of supporting or opposing a candidate or candidates for elective office shall not be considered a contribution or independent expenditure under the provisions of this Act, provided such payments are not for the costs of campaign materials or activities used in connection with broadcasting, newspaper, billboard or similar type of general public communication.

62.05.208 Complete Records

No contribution of $100 or more shall be deposited into a campaign checking account unless the name, address, occupation and employer of the contributor is on file in the records of the recipient of the contribution.

62.05.209 Officeholder Account

(a) Each elected officer may be permitted to establish one segregated officeholder expense fund for expenses related to assisting, serving or communicating with constituents, or with carrying out the official duties of the elected officer, provided aggregate contributions to such a fund do not exceed $10,000 within any calendar year and that the expenditures are not made in connection with any campaign for elective office or ballot measure.

(b) No person shall make, and no elected officer or officeholder account shall solicit or accept from any person, a contribution or contributions to the officeholder account totaling more than $500 during any calendar year. Contributions to an officeholder account shall not be considered campaign contributions.

(c) No elected officeholder or officeholder account shall solicit or accept a contribution to the officeholder account from, through or arranged by a person who contracts with the city, or any person who receives compensation from the contractor or potential contractor to communicate directly with the elected officeholder, for the rendition of personal services, for the furnishing of any material, supplies or equipment to the city, or for selling any land or building to the city, whenever such transaction would require approval by the city elective officer or the city council, at any time between commencement of negotiations and either the completion of, or the termination of, negotiations for such contract.

(d) All expenditures from, and contributions to, an officeholder account are subject to the campaign disclosure and reporting requirements of this Act and the Political Reform Act of 1974 as amended.

(e) Any funds in an officeholder account remaining after leaving office shall be turned over to the City’s Election Campaign Fund.

62.05.300 Declaration of Accepting or Rejecting Expenditure Ceilings

At the time an individual files his or her declaration of candidacy,

nomination papers, or any other paper evidencing an intention to be a candidate for city office, the candidate shall file a statement of acceptance or rejection of compliance with the voluntary expenditure ceilings set forth in Section 62.05.301. Candidates who choose to abide by the expenditure ceilings may then sign and file with the Elections Administrator the Voluntary Expenditure Ceilings and Public Funding Contract for eligibility for the matching funds program.

62.05.301 Voluntary Expenditure Ceilings

No candidate for city office who files a contract of acceptance of

matching funds nor any controlled committee of such candidate shall make qualified campaign expenditures in excess of the following amounts and subject to the following restrictions:

(a) Except as otherwise provided in this Act, a candidate for city office, other than mayoral office, shall not spend more than $45,000 per election to be eligible for matching funds.

(b) Except as otherwise provided in this Act, a candidate for mayoral office shall not spend more than $200,000 per election to be eligible for matching funds.

62.05.302 Time Periods for Expenditures

For purposes of the expenditure ceilings, qualified campaign expenditures made at any time up to the date of the primary or special election shall be considered expenditures for that election, and qualified campaign expenditures made after the date of the primary election shall be considered expenditures for the general election. However, in the event that payments are made but the goods or services are not used during the period purchased, the payments shall be considered qualified campaign expenditures for the time period in which the goods or services are used. Payments for goods or services used in both the primary and general elections shall be prorated.

62.05.303 Expenditure Ceilings Lifted

(a) If a candidate declines to accept the voluntary expenditure ceilings and receives contributions, has cash on hand or makes qualified campaign expenditures in excess of 75% of the recommended expenditure ceiling for that office, or an independent expenditure committee or committees in the aggregate spend more than 50% of the applicable recommended expenditure ceiling for that office, the voluntary expenditure ceiling shall no longer be binding on any candidate running for the same office.

(b) Any candidate running for that office who originally accepted the voluntary expenditure ceilings and qualified for matching funds set forth in Sections 62.05.402, 62.05.403 and 62.05.404 shall be permitted to continue receiving matching funds.

62.05.304 Notification

The Elections Administrator shall require candidates and independent

expenditure committees to provide sufficient notice to the Administrator and to all candidates for the same office that they are approaching and exceeding the thresholds set forth in this Act.

62.05.400 Election Campaign Fund

There is hereby established an account within a special revenue fund

of the City of Sacramento to be known as the “Election Campaign Fund.”

62.05.401 Appropriation of Funds

The City Council shall appropriate to the Election Campaign Fund an

amount sufficient to finance all candidates for city office participating in the matching fund program. The Council shall immediately begin appropriating funds for the Election Campaign Fund upon the effective date of this Act. The Elections Administrator shall provide a written estimate to the Council of the amount necessary to be appropriated each fiscal year to provide the matching funds prescribed for all eligible candidates and the administration of this Act when cumulated over an election cycle, and the Council shall appropriate said funds each fiscal year. Such funds shall carry over from year-to-year in the Election Campaign Fund. The total amount of funds in the Election Campaign Fund, however, shall not exceed $575,000 or .06% of the city budget, whichever is less, in any two-year period.

62.05.402 Eligibility for Matching Funds

In order for a candidate for city office to be eligible for public matching

funds, the candidate must satisfy all of the following requirements:

(a) Make every reasonable effort to comply with state and city election laws.

(b) Sign and file with the Elections Administrator a Voluntary Expenditure Ceiling and Public Funding Contract agreeing to abide by the voluntary spending limits as a condition for participating in the matching fund program.

(c) Meet all ballot qualification requirements.

(d) Be running in a contested election against an opponent or opponents who have qualified for matching funds or who have raised or spent at least $3,000 in non-public campaign funds for city candidates other than mayoral candidates, or $10,000 in non-public campaign funds for mayoral candidates.

(e) Participate in at least one public forum authorized by the Elections Administrator at which all opponents of the candidate who qualified for the ballot are invited to participate.

(f) Limit the use of personal funds for campaign purposes to no more than 5% of the voluntary spending limit. If the voluntary expenditure ceilings for the office being sought are lifted under Section 62.05.302 of this Act, this provision shall not apply.

(g) Raise the threshold qualification contributions specified in Sections 62.05.403 or 62.05.404.

62.05.403 Threshold Qualification Contributions for City Candidates Other than Mayoral Candidates

Public matching funds shall be allocated to qualified city candidates,

other than mayoral candidates, at any time from the beginning of the candidacy period immediately upon satisfying the qualification contribution threshold for each disbursement as determined by the Elections Administrator. The threshold qualification contributions for disbursement of matching funds shall be according to the following formula:

(a) A candidate or candidate’s controlled committee, certified as eligible to receive public matching funds, shall submit a request for public matching funds to the Elections Administrator each time a threshold of $3,000 or more in matchable private contributions is reached.

(b) A candidate or candidate’s controlled committee, certified as eligible to receive public matching funds, may submit a request for public matching funds of $1,000 or more 10 calendar days before the election.

(c) The Elections Administrator shall have 5 calendar days to approve the request and disburse the public funds to the candidate or candidate’s controlled committee.

(d) The request for public matching funds shall be made on a form determined by the Administrator, but shall include copies of each check, money order or other written legal tender eligible to be matched by public funds.

(e) Matchable private contributions shall include only a contribution or contributions from an individual, other than a contribution from the candidate or his or her immediate family, totaling $150 or less per individual contributor to a candidate for city office other than mayoral office per election.

(f) For purposes of this section, a loan, pledge or nonmonetary contribution shall not be considered a matchable private contribution.

(g) No more than $15,000 in public matching funds shall be disbursed to each eligible candidate per election.

62.05.404 Threshold Qualification Contributions for Mayoral Candidates

Public matching funds shall be allocated to qualified mayoral

candidates at any time from the beginning of the candidacy period for each election immediately upon satisfying the qualification contribution threshold for each disbursement as determined by the Elections Administrator. The threshold qualification contributions for disbursement of matching funds shall be according to the following formula:

(a) A candidate or candidate’s controlled committee, certified as eligible to receive public matching funds, shall submit a request for public matching funds to the Elections Administrator each time a threshold of $10,000 or more in matchable private contributions is reached.

(b) A candidate or candidate’s controlled committee, certified as eligible to receive public matching funds, may submit a request for public matching funds of $1,000 or more 10 calendar days before the election.

(c) The Elections Administrator shall have 5 calendar days to approve the request and disburse the public funds to the candidate or candidate’s controlled committee.

(d) The request for public matching funds shall be made on a form determined by the Administrator, but shall include copies of each check, money order or other written legal tender eligible to be matched by public funds.

(e) Matchable private contributions shall include only a contribution or contributions from an individual, other than a contribution from the candidate or his or her immediate family, totaling $300 or less per individual contributor to a candidate for mayoral office per election.

(f) For purposes of this section, a loan, pledge or nonmonetary contribution shall not be considered a matchable private contribution.

(g) No more than $65,000 in public matching funds shall be disbursed to each eligible candidate per election.

62.05.405 Insufficient Public Funds

If there are insufficient public matching funds available for all eligible

candidates, whatever funds are available in the Election Campaign Fund shall be distributed on a pro rata basis to qualified candidates as determined by the Elections Administrator.

62.05.406 Use of Public Matching Funds

(a) Public matching funds shall be used exclusively for legitimate campaign expenses to promote the candidacy of the recipient candidate.

(b) All surplus public matching funds, or matching funds used in violation of the requirements of this Act, shall be returned or reimbursed to the city’s Election Campaign Fund.

62.05.407 Disposal of Surplus Campaign Funds

Any campaign funds in excess of expenses incurred for the campaign or in excess of expenses specified in Section 62.05.202(c), received by or on behalf of an individual who seeks nomination for election, or election to office, shall be deemed to be surplus campaign funds and shall be distributed within 90 days after withdrawal, defeat or election to office in the following manner:

(a) No more than $10,000 may be deposited in the candidate’s

officeholder account.

(b) Any remaining surplus funds shall be returned to contributors who are entitled to $5 or more on a pro rata basis, or turned over to the Election Campaign Fund.

62.05.500 Notification to Voters

(a) The Elections Administrator shall prominently designate on the

sample ballot those candidates who have voluntarily agreed to the expenditure ceilings and signed the Voluntary Spending Limit and Public Funding Contract.

(b) The Elections Administrator shall issue a press release in a timely fashion identifying those candidates which have and which have not signed the Voluntary Spending Limit and Public Funding Contract.

(c) The Elections Administrator shall issue a press release in a timely fashion notifying the public of each committee that registers as an independent expenditure committee upon filing.

62.05.501 Cumulative Contributions

“Cumulative contributions” means the cumulative contributions to a committee beginning the first day the statement of organization is filed under Section 84101 of the California Government Code and ending within seven days of the time the advertisement is sent to the printer or broadcast station.

62.05.502 Independent expenditures; advertisements

(a) If the expenditure for a broadcast or mass mailing advertisement that expressly advocates the election or defeat of any candidate is an independent expenditure, the committee shall include on the advertisement the names of the two persons making the largest cumulative contributions to the committee making the independent expenditure. If an acronym is used to specify any committee names in this section, the names of any sponsoring organization of the committee shall be printed on print advertisements or spoken in broadcast advertisements. For the purposes of determining the two contributors to be disclosed, the contributions of each person to the committee making the independent expenditure during the one-year period before the election shall be aggregated.

(b) Any broadcast or mass mailing advertisement by an independent expenditure committee that expressly advocates the election or defeat of any candidate shall clearly state in a manner prescribed by the Elections Administrator that the advertisement is authorized and paid for by a committee independent of the candidate.

62.05.503 Printed statement or broadcast communication

(a) Any disclosure statement required by this article shall be printed clearly and legibly in no less than 10-point roman font and in a conspicuous manner as defined by the Elections Administrator for televised or printed advertisements, or shall be spoken so as to be clearly audible and understood by the intended public for radio advertisements.

(b) Phone calls that are advertisements shall disclose, during the course of the call, the name of the committee making the independent expenditure that paid for the call and the name of the donor if any, other than an individual, that has made the greatest contribution in dollar value greater than $1,000 to the independent expenditure committee.

62.05.504 Disclosure of one funding source on any advertisement

If disclosure of two major donors is required by Sections 62.05.502, the committee shall be required to disclose, in addition to the committee name, only its highest major contributor in any advertisement which is:

(a) an electronic broadcast of 15 seconds or less, or

(b) a newspaper, magazine, or other public print media advertisement which is 20 square inches or less.

62.05.505 Amended Statements

When a committee files an amended campaign statement pursuant to Section 81004.5 of the California Government Code, the committee shall change its advertisements to reflect the changed disclosure information.

62.05.506 Paid Spokespersons

Any individual who appears in an advertisement paid for by a campaign committee or committees for or against a city candidate, and who is paid or promised payment of $1,000 or more for that individual, or an organization controlled by the individual, from the campaign committee or from any donor of $1,000 or more to said campaign committee, shall declare such payment or promised payment in a manner prescribed by the Elections Administrator. The campaign advertisement shall include the statement “(spokesperson’s name) is being paid by this campaign or its donors” in highly visible roman font shown continuously if the advertisement consists of printed or televised material, or spoken in a clearly audible format if the advertisement is a radio broadcast or phone message.

62.05.507 Electronic Reporting

The City Council shall develop an electronic reporting program for the submission, retrieval, storage and public disclosure of campaign finance reports for candidates, committees and ballot measures to be implemented within one year of enactment of this Act through the largest nonproprietary, nonprofit cooperative public computer network system. The Council shall establish an “Electronic Reporting Citizens Committee,” comprised of citizens unaffiliated in an official capacity with city government, to report to the Council on all matters relating to development and implementation of such an electronic reporting program and to provide reasonable deadlines for implementation of the program. The Electronic Reporting Citizens Committee shall solicit testimony and advice from government officials and staff, private vendors, persons from other jurisdictions with electronic reporting programs, and any other persons deemed appropriate. The electronic reporting program shall be as compatible as feasible with other state and local electronic reporting programs.

62.05.600 Enforcement

(a) In addition to the remedies provided for in Title 9, Chapter 11 of the Government Code, any person who violates this article is liable in a civil or administrative action brought by the City Attorney or any person for a fine up to three times the cost of the advertisement, including placement costs, or the violation of the reporting requirements, contribution limits or spending ceilings.

(b) The remedies provided in subdivision (a) shall also apply to any person who purposely causes any other person to violate any provision of this article or who knowingly aids and abets any other person in a violation.

(c) In addition to the remedies provided for in this Section, any person who violates this Act is liable in a civil or administrative action brought by any person residing in the City pursuant to the procedures set forth in subdivision (e), for a fine up to three times the cost of the advertisement, including placement costs, or the amount of disclosure, contribution, or expenditure violations.

(d) If a judgment is entered against the defendant or defendants in an action brought under this section, the plaintiff shall receive 50% of the amount recovered. The remaining 50% shall be deposited in the Campaign Election Fund.

(e) Any person, before filing a civil action in accordance to this provision, must first file with the City Attorney a written request for the City Attorney to commence action. The City Attorney shall respond within 20 days after receipt of the request indicating whether the City Attorney will commence with enforcement actions. If the City Attorney indicates in the affirmative, and file suit, negotiate a stipulation agreement or initiate an enforcement hearing within 90 days thereafter, no further action may be brought unless the action brought by the City Attorney is dismissed without prejudice.

62.05.601 Cost of Living

Beginning in 2000, the Elections Administrator shall adjust the contribution and expenditure ceilings and the public fund allocations and disbursements every four years according to the cost of living in the immediate Sacramento area, as shown in the Consumer Price Index for all items in the area. The adjustment shall be rounded to the nearest hundred for the contribution limits and the nearest thousand for expenditure ceilings and public fund allocations and disbursements.

62.05.602 Amendment

(a) This chapter shall be subject to amendment to further the purposes and intent of this measure as declared herein, two-thirds the members of the City Council concurring or by a majority popular vote.

(b) In the event an amendment is approved by the City Council, the amendment shall be in print and discussed at a public hearing at least 14 days prior to approval.

Section 2. Miscellaneous

Section 62.01.003(c) is amended to read:

Chapter 62.01. In General

62.01.003 Nomination Process

(c) Nomination papers.

Not withstanding any other provision of law, nomination papers are due to be completed pursuant to Elections Code Division 14, Part 2, which is relative to local elections for city office other than mayoral office at any time between six months preceding any special or regularly scheduled election, or for mayoral office at any time between nine months preceding any special or regularly scheduled election, and the 88th day prior to the special or regularly scheduled election. If a special election is called less than 88 days prior to that election, nomination papers are due to be completed at any time between the call for the special election and at such time fixed by the city council.

Section 3. Construction

The Act shall be liberally construed to accomplish its purposes.

Section 4. Applicability of Other Laws

Nothing in this Act shall exempt any person from applicable provisions of any other laws of the city, state or other appropriate jurisdiction.

Section 5. Severability

Of any provision of this Act, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Act to the extent it can be given effect, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this extent the provisions of this Act are severable.