HomeMy WebLinkAbout97-02ORDINANCE NO. 97-02
ADDING SECTION 2-26 TO THE DANVILLE
MUNICIPAL CODE ESTABLISHING VOLUNTARY CAMPAIGN
EXPENDITURE LIMITS FOR TOWN COUNCIL ELECTIONS
The Danville Town Council does ordain as follows:
SECTION 1. FINDINGS.
The Danville Town Council makes the following findings in support of the adoption of this
ordinance establishing voluntary campaign expenditure limits for Town Council elections:
.
On November 5, 1996, Califomia voters approved Proposition 208, the California Political
Reform Act of 1996. Proposition 208 makes a number of changes to the Political Reform
Act of 1974 which was also enacted by passage of a statewide ballot measure.
,
The stated purposes of Proposition 208 include limiting campaign expenditures, limiting the
influence of large contributors and ensuring individuals a fair and equitable opportunity to
participate in the electoral process.
o
As one means of achieving these goals, Proposition 208 authorizes cities to establish
voluntary expenditure limits for municipal elections. Pursuant to Government Code
Section 85400(c) these voluntary limits may not exceed one dollar ($1.00) per resident
within the city.
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The Danville Town Council finds that establishing reasonable expenditure limits for Town
Council elections will enable more residents to participate in these elections regardless of
their personal financial status, limit the need to seek large contributions to conduct a
campaign and focus campaigns on issues of importance to the Town rather than fundraising
without limiting the ability of candidates to communicate their message to the residents of
the Town.
.
Based on a review of campaign expenditures for all previous municipal elections in Danville,
the Town Council finds that a voluntary expenditure limit of fifty cents ($.50) per resident
is reasonable and appropriate and will further the goals set forth above.
SECTION 2. ADDING SECTION 2-26 TO THE DANVILLE MUNICIPAL CODE.
Section 2-26 is hereby added to the Danville Municipal Code to read as follows:
2-26 MUNICIPAL ELECTION EXPENDITURE LIMITS
2-26.1 Purpose and Intent.
The purpose of this section is to establish voluntary expenditure limits for all Town Council
elections within the Town of Danville pursuant to Government Code Section 85400(c).
Except where specified herein, the application of the voluntary expenditure limits shall be
governed by the provisions of Government Code Sections 85400-85404 and 85602 as well
as any implementing regulations adopted by the Fair Political Practices Commission.
2-26.2 Voluntary Expenditure Limits Established.
The voluntary expenditure limit for all candidates for the Danville Town Council and the
controlled committees of such candidates shall be fifty cents ($.50) per resident. The specific
limit for each Town Council election shall be determined by the City Clerk six (6) months
prior to the date of the election by using the most current population figures available from
the California Department of Finance multiplied by fifty cents. All candidates for Town
Council shall be informed of this voluntary limit by the City Clerk. This expenditure limit
is voluntary and candidates choosing to accept or reject the limit shall comply with the
provisions of Government Code Sections 85400 through 85404.
SECTION 3. SEVERABILITY.
The Town Council hereby declares that every section, paragraph, clause and phrase of this Ordinance
is severable. If any section, paragraph, sentence, clause or phrase of this Ordinance is for any reason
held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the
validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases.
SECTION 4. PUBLICATION.
The City Clerk shall either (a) have this Ordinance published once within 15 (fifteen) days after
adoption in a newspaper of general circulation or, (b) have a summary of this Ordinance published
twice in a newspaper of general circulation once five days before its adoption and again within 15
(fifteen) days after adoption.
SECTION 5. CODIFICATION.
Section 2 of this Ordinance shall be codified in the Danville Municipal Code. Sections 1, 3, 4 and
5 shall not be codified.
PAGE 2 OF ORDINANCE NO. 97-02
The foregoing Ordinance was introduced on March 18, 1997 and approved and adopted by the
Danville Town Council at a Regular Meeting held on April 1, 1997, by the following vote:
AYES: Doyle, Waldo,
NOES: None
ABSTAIN: None
ABSENT: None
Arnerich, Greenberg, Shimansky
k~MAYOR x,~'--X
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CLERK
CLERK'S CERTIFICATE
I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is a true and
accurate copy of Ordinance No. 97-02 of said Town and that said ordinance was published according
to law.
Dated:
City Clerk of the
Town of Danville
PAGE 3 OF ORDINANCE NO. 97-02