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Agenda Item 26.

City Council Meeting

Meeting Date:	09/20/2022
FROM:	Bill Gallardo

Subject:

Establishment of Campaign Contribution Limit

RECOMMENDATION

Adopt Resolution No. 2022-064 establishing a $4,900 per person campaign contribution limit for elective city offices pursuant to AB 571 (2019), which is the same amount as the AB 571 default campaign contribution limit for local jurisdictions.

BACKGROUND/DISCUSSION

In 2019, the Legislature enacted AB 571 to amend the Political Reform Act of 1974 (“PRA”) with respect to campaign contribution limits for elective county and city offices. AB 571 authorizes counties and cities to adopt an ordinance or resolution establishing a campaign contribution limit. The legislation also sets a default campaign contribution limit for elective county and city offices in local jurisdictions that do not establish their own campaign contribution limit. AB 571 includes certain other campaign contribution restrictions that are inapplicable to local jurisdictions with their own campaign contribution limit. These include a cap on the amount candidates may personally loan to their campaign, as well as a cap on the amount of contributions that may be accepted after an election.

The Fair Political Practices Commission (“FPPC”) enforces the AB 571 default campaign contribution limit and adjusts such limit in odd-numbered years based on inflation. During the period of January 1, 2021 through December 31, 2022, the AB 571 default campaign contribution limit for candidates for elective county and city offices is $4,900 per person. The FPPC is not responsible for administration or enforcement of a campaign contribution limit established by a county or a city.

In April 2021, as part of the implementation of AB 571, the FPPC amended its Regulation 18521 addressing the use of a campaign bank account for a future election of the same candidate, which is commonly known as “redesignation.” Previously, FPPC Regulation 18521 permitted redesignation for local committees when the future election was for the same elective office. As now revised, FPPC Regulation 18521 prohibits redesignation by a candidate for an elective county or city office that is subject to the AB 571 default campaign contribution limit. However, the regulation allows redesignation by a candidate for an elective county or city office in a local jurisdiction that is not subject to the AB 571 default campaign contribution limit.

By establishing a campaign contribution limit for elective city offices, the City Council can both increase local control of municipal elections and eliminate a significant administrative burden on candidates resulting from the FPPC’s new redesignation regulation. A draft resolution for this purpose has been prepared for the City Council’s consideration. To ensure there is no impact on past or future fundraising by candidates for the November 8, 2022 General Municipal Election, the proposed Resolution would set a $4,900 per person campaign contribution limit to match the AB 571 default campaign contribution limit for local jurisdictions.

RESPECTFULLY SUBMITTED:

William Gallardo, City Manager
Prepared by: Terence Boga, City Attorney
Concurrence: Lillian Harris-Neal, City Clerk

Attachments
Resolution