City and county of san francisco municipal code



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CITY AND COUNTY OF SAN FRANCISCO
MUNICIPAL CODE

CAMPAIGN AND GOVERNMENTAL CONDUCT CODE



The San Francisco Municipal Code is current through Ordinance 39-13, File No. 130086, approved March 22, 2013, effective April 21, 2013.

The Campaign and Governmental Conduct Code was last amended by Ordinance 9-13, File No. 120964, approved February 4, 2013, effective March 6, 2013, Operative January 1, 2013.




The San Francisco Municipal Code:

Charter

Administrative Code

Building, Electrical, Housing, Mechanical and Plumbing Codes

Business and Tax Regulations Code

Campaign and Governmental Conduct Code

Environment Code

Fire Code

Health Code

Municipal Elections Code

Park Code

Planning Code

Police Code

Port Code

Public Works Code

Subdivision Code

Transportation Code

Zoning Maps

Comprehensive Ordinance Table


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PREFACE TO THE
CAMPAIGN AND GOVERNMENTAL CONDUCT CODE


This electronic version of the City and County of San Francisco Municipal Code is updated as amending legislation is approved. New Ordinance Notices are inserted where applicable to call the user's attention to material that has been affected by legislation that has been passed but is not yet effective. Any references to such legislation are also compiled in a table at the end of this Code. The amendments are then incorporated into the Code when they become effective.

Beginning with ordinances passed in 2011, all ordinances affecting this Code are summarized in a table that lists the identifying information (ordinance and file numbers), effective date, short title, and sections affected for each such ordinance. Users should note that the operative date of an ordinance may be later than the effective date of the ordinance. A delayed operative date will be noted in the ordinance.

This Code may contain various Editor's Notes (explaining the disposition of or cross referencing various provisions), and/or Codification Notes (documenting scrivener's errors and the like found in the underlying ordinances). Such notes have been inserted by the publisher for the convenience of the user or as historical references. They have not been approved or adopted by the City and County of San Francisco, and are of no legal force or effect.

Article




I.

ELECTION CAMPAIGNS

II.

LOBBYING

III.

CONDUCT OF GOVERNMENT OFFICIALS AND EMPLOYEES

IV.

PROTECTION OF WHISTLEBLOWERS


ARTICLE I:
ELECTION CAMPAIGNS


Chapter

1.

CAMPAIGN FINANCE

5.

REGULATION OF CAMPAIGN CONSULTANTS

CHAPTER 1:


CAMPAIGN FINANCE


Sec. 1.100.

Purpose and Intent.

Sec. 1.102.

Citation.

Sec. 1.103.

Amendment or Repeal of Chapter.

Sec. 1.104.

Definitions.

Sec. 1.106.

Adoption of General Law-Exceptions.

Sec. 1.107.

Training for Candidates and Treasurers.

Sec. 1.108.

Candidate Committee Campaign Contribution Trust Accounts and Campaign Contingency Accounts.

Sec. 1.109.

Retention of Records.

Sec. 1.110.

Campaign Statements-Public Access.

Sec. 1.112.

Electronic Campaign Disclosure.

Sec. 1.113.

Disclosure Requirements During Signature Gathering Periods for Initiatives, Referenda and Recalls.

Sec. 1.114.

Contribution Limits.

Sec. 1.115.

Coordination of Expenditures.

Sec. 1.116.

Limits on Loans to Candidates.

Sec. 1.118.

Payment of Accrued Expenses.

Sec. 1.120.

Contribution Limits-Post-Election Legal Proceedings.

Sec. 1.122.

Solicitation or Acceptance of Campaign Contributions-Limitations.

Sec. 1.126.

Contribution Limits-Contractors Doing Business with the City.

Sec. 1.128.

Acceptance or Rejection of Voluntary Expenditure Ceilings.

Sec. 1.130.

Amount of Voluntary Expenditure Ceilings.

Sec. 1.134.

Lifting of Voluntary Expenditure Ceilings; Supplemental Reporting in Elections for Assessor, Public Defender, City Attorney, District Attorney, Treasurer, Sheriff, the Board of Education of the San Francisco Unified School District, or the Governing Board of the San Francisco Community College District.

Sec. 1.134.5.

Lifting of Individual Expenditure Ceilings.

Sec. 1.135.

Supplemental Pre-Election Statements.

Sec. 1.136.

Public Financing of Candidates for the Board of Supervisors or Mayor.

Sec. 1.138.

Election Campaign Fund; Appropriation of Funds.

Sec. 1.140.

Eligibility to Receive Public Financing.

Sec. 1.142.

Process for Establishing Eligibility; Certification by the Ethics Commission.

Sec. 1.143.

Adjusting Individual Expenditure Ceilings.

Sec. 1.144.

Disbursement of Public Funds.

Sec. 1.146.

Termination of Payments.

Sec. 1.148.

Restrictions on Use of Public Funds; Unexpected Public Funds.

Sec. 1.150.

Audit; Repayment.

Sec. 1.152.

Supplemental Reporting in Elections for Board of Supervisors and Mayor.

Sec. 1.154.

Insufficient Funds in Election Campaign Fund.

Sec. 1.156.

Report to the Mayor and Board of Supervisors.

Sec. 1.158.

Implementing Regulations; Forms.

Sec. 1.160.

No Limitation of Candidate Liability.

Sec. 1.160.5.

Disclosure and Filing for Persuasion Polls.

Sec. 1.161.

Disclosure and Filing Requirements for Mass Mailings.

Sec. 1.161.5.

Disclosure and Filing Requirements for Electioneering Communications.

Sec. 1.162.

Disclosure Requirements-Campaign Advertisements.

Sec. 1.163.

Disclosure Requirements-Recorded Telephone Messages.

Sec. 1.163.5.

Distribution of Campaign Advertisements Containing False Endorsements.

Sec. 1.164.

Duties of Ethics Commission.

Sec. 1.166.

Duties of Enforcement Authority.

Sec. 1.168.

Enforcement; Advice.

Sec. 1.170.

Penalties.

Sec. 1.171.

Issuance of Subpoenas.

Sec. 1.172.

Extension of Deadlines That Fall on Weekends and Holidays.

Sec. 1.174.

Effect of Violation on Certification of Election Results.

Sec. 1.175.

Implementing Regulations; Forms.

Sec. 1.176.

Rules of Construction.

Sec. 1.178.

Severability.


SEC. 1.100. PURPOSE AND INTENT.

(a) Huge sums of money often are necessary to finance American election campaigns. Inherent to the high cost of election campaigning is the problem of improper influence, real or potential, exercised by campaign contributors over elected officials. In addition, this fundraising distracts public officials seeking reelection from focusing upon important public matters, encourages contributions which may have a corrupting influence, gives incumbents an unfair fundraising advantage over potential challengers, and provides contributors with greater access to public officials than other members of the public. These developments undermine the integrity of the governmental process and the competitiveness of campaigns. The amount of money raised by many candidates and committees supporting or opposing candidates also erodes public confidence in local officials by creating the appearance that elected officials may be unduly influenced by contributors who support their campaigns or oppose their opponents' campaigns.

(b) It is the purpose and intent of the People of the City and County of San Francisco in enacting this Chapter to:

(1) Place realistic and enforceable limits on the amount individuals may contribute to political campaigns in municipal elections and to provide full and fair enforcement of all the provisions in this Chapter;

(2) Ensure that all individuals and interest groups in our city have a fair opportunity to participate in elective and governmental processes;

(3) Create an incentive to limit overall expenditures in campaigns, thereby reducing the pressure on candidates to raise large campaign war chests for defensive purposes beyond the amount necessary to communicate reasonably with voters;

(4) Reduce the advantage of incumbents and thus encourage competition for elective office;

(5) Allow candidates and officeholders to spend a smaller proportion of their time on fundraising and a greater proportion of their time dealing with issues of importance to their constituents' community;

(6) Ensure that serious candidates are able to raise enough money to communicate their views and positions adequately to the public, thereby promoting public discussion of the important issues involved in political campaigns;

(7) Limit contributions to candidates and committees, including committees that make independent expenditures, to eliminate or reduce the appearance or reality that large contributors may exert undue influence over elected officials;

(8) Assist voters in making informed electoral decisions and ensure compliance with campaign contribution limits through the required filing of campaign statements detailing the sources of campaign contributions and how those contributions have been expended;

(9) Make it easier for the public, the media and election officials to efficiently review and compare campaign statements by requiring committees that meet certain financial thresholds to file copies of their campaign statements on designated electronic media;

(10) Help restore public trust in governmental and electoral institutions; and

(11) Help ensure the integrity of the election process by prohibiting campaign advertisements that contain false endorsements of current and former public officials, candidates, political clubs, and organizations. Such false endorsements undermine the integrity of the electoral process by misleading and confusing voters about the actual support for or opposition to candidates or ballot measures and it is too burdensome for individual voters, inundated with campaign messages, to verify the accuracy of such claims and for persons whose positions are misrepresented to correct the misrepresentations close in time to the election.

(c) This Chapter is enacted in accordance with the terms of Sections 5 and 7 of Article XI of the Constitution of the State of California and Section 1.101 of the Charter of the City and County of San Francisco.

(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; amended by Proposition O, 11/7/2000; Ord. 3-06, File No. 051439, App. 1/20/2006; Ord. 228-06, File No. 060501, App. 9/14/2006; Ord. 234-09, File. No. 090989, App. 11/20/2009)

(Derivation Former Administrative Code Section 16.501; amended by Ord. 114-76, App. 4/2/76; Proposition N, 11/7/95)

SEC. 1.102. CITATION.



This Chapter may be cited as the San Francisco Campaign Finance Reform Ordinance.

(Added by Ord. 71-00, File No. 000358, App. 4/28/2000)

(Derivation Former Administrative Code Section 16.502; amended by Ord. 114-76, App. 4/2/76; Proposition N, 11/7/95)

SEC. 1.103. AMENDMENT OR REPEAL OF CHAPTER.



The voters may amend or repeal this Chapter. The Board of Supervisors may amend this Chapter if all of the following conditions are met:

(a) The amendment furthers the purposes of this Chapter;

(b) The Ethics Commission approves the proposed amendment in advance by at least a four-fifths vote of all its members;

(c) The proposed amendment is available for public review at least 30 days before the amendment is considered by the Board of Supervisors or any committee of the Board of Supervisors; and

(d) The Board of Supervisors approves the proposed amendment by at least a two-thirds vote of all its members.

(Added by Ord. 3-06, File No. 051439, App. 1/20/2006)

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