View Legislation — Oakland City Council, December 16, 2025

APPROVED AS TO FORM AND LEGALITY

DRAFT
___________________________
CITY ATTORNEY’S OFFICE

OAKLAND CITY COUNCIL

ORDINANCE NO. ________________ C.M.S.

INTRODUCED BY COUNCIL PRESIDENT KEVIN JENKINS

ORDINANCE AMENDING THE OAKL AND CAMPAIGN REFORM ACT
(OAKLAND MUNICIPAL CODE TITL E 3, MUNICIPAL ELECTIONS,
ARTICLE III, CHAPTER 3.12) TO 1) AMEND SECTION 3.12.045 TO

INCREASE THE CONTRIBUTION LIMITS TO OFFICEHOLDER FUNDS

TO MATCH THE TEMPORARILY INCREASED LIMITS TO

CANDIDATES AND CAN DIDATE-CONTROLLED COMMITTEES AND
TO EXTEND THE SUNSET DATE; AND 2) AMEND SECTION 3.12.150 TO

CLARIFY THAT OFFICEHOLDER EXPENDITURES MAY NOT BE

USED FOR MAILING WITHIN TH REE MONTHS OF ANY ELECTION

FOR WHICH THE ELECTED OFFICI AL IS RUNNING FOR CITY
OFFICE

WHEREAS, on November 8, 2022, Oakland voters passed Measure W, which, among other things, repealed Oakla nd Municipal Code (O MC) Chapter 3.13, th e Limited Public Financing Act of Oakland and replaced it with OMC Chapter 3.15, the Oakland Fair Elections Act, which established the Democracy Dollars public campaign financ ing program to make Oakland elections more equitable, accessible and fair; and

WHEREAS, in light of extreme fiscal necessity, the City Council suspended the Charter- mandated minimum budget set asides for the FY 2023-2025 budge t cycle for the Democracy Dollars Fund as it was authorized to do and, on July 12, 2023, the Public Ethics Commission voted to postpone the distribution and use of Demo cracy Dollars vouchers for the November 2024 election cycle; and

WHEREAS, on October 17, 2023, the City Counc il, through Ordinance 13767, added OMC Chapter 3.13, the Limited Public Financing Act of 2024 to temporarily restore public financing; and

WHEREAS, as set forth in Ordinance 13767 C.M.S., the Council found that the elimination of all public financing for the 2024 election is contrary to the purposes of the Oakland Fair Elections Act and temporary restoration of a limited public financ ing program for the 2024 election furthers the purpos es of the Oakland Fair Elections Act; and that it does so by ensuring

2 some type of public financing remains available while the Democracy Dollars is being established and this public financing furthers the purposes of building fairer elections, preventing corruption or its appearance, ensuring candidates can focus on communicating with all Oakland residents and considering policy issues rather than devoting excessive time to fundraising, ensuring that access to networks of wealthy contributors is not a prerequisite for candidates to run a competitive campaign, ensuring candidates participate in public debates, and ensuring candidates raise enough money to communicate their views and positions adequately to the public; and

WHEREAS, the Limited Public Financing Act of 2024 was to be operative only for the 2024 general election and Council subsequently extended it to apply to the 2026 and 2028 general elections (Ordinance 13849 C.M.S.); and

WHEREAS, among other things, Measure W also repealed and reenacted the Oakland Campaign Reform Act, which is set forth in OMC Chapter 3.12; and

WHEREAS, Measure W reduced the contribution limits in the Oakland Campaign Reform Act in OMC sections 3.12.050(A) and 3.12.060(A) to base limits of $600 and $1,200, respectively, which, in 2022, were previously $900 and $1,800, respectively, following annual adjustments based on increases to the Consumer Price Index (CPI); and

WHEREAS, Measure W also added OMC section 3.12.370, which provides that the City Council “may make any amendments to this Act [the Oakland Ca mpaign Reform Act] that are consistent with its purpose.”; and

WHEREAS, Measure W, which focused on campaign reform, did not amend OMC section

3.12.150, Officeholder Fund, and officeholder fund limit s had not been increased since the City Council first passed the Oakland Campaign Reform Act in 1999; and

WHEREAS, on June 17, 2025, Council passed Ordi nance 13849 C.M.S., which, among other things, amended Oakla nd Municipal Code (OMC) section 3.12.150 to increase the officeholder fund limits to $75,000 for District Councilmembers and to $100,000 for all City-wide offices and added OMC 3.12.045 to temporarily increase the contribution limits to candidates and candidate-controlled committees to the pre-Measure W limits; and

WHEREAS, during the public debate of Ordinance 13849 C.M.S., members of the Council requested further amendments including 1) an extension of the sunset date to more fairly balance the impact of the legislation on candidates in the 2028 elections as compared to the 2026 elections and 2) a new restriction on the distri bution of non-campaign-rela ted mailers paid with officeholder accounts within three months of a candidate’s election; and

WHEREAS, the Council also desires to increase the contribution limits to officeholder expense funds to match the temporarily increased contribution limits to candidates and candidate- controlled committees established by Ordinance 13849 C.M.S.; and

WHEREAS, City Charter section 603(h) provides that: “Prior to enacting any amendments to laws that the Commission has the power to enfo rce, the City Council shall make a finding that

3 the proposed changes further the goals and purposes of the ordinance or program in question and provide specifics substantiating the finding.”; and

WHEREAS, City Charter section 603(h) provides that absent an urgency finding, “amendments to laws that the Commission has the power to enforce […] sha ll be submitted to the Commission for review and comment, prior to the passage of the amendments…”; and

WHEREAS, the proposed amendments set forth herein were presented to the Public Ethics Commission for review and comment on or about December 10, 2025 as a properly noticed agenda item at a meeting of the Commission; and

WHEREAS, any comments received from the Public Ethics Commission, the Chair of the Commission and/or the Executive Director of the Commission on the Commission’s behalf will be preserved as part of the legislative record for this matter; and

WHEREAS, on December 4, 2025, the Rules & Legislation Committee considered the legislation, heard public comment and voted to forward the legislation to the full Council, subject to receipt of the Commission’s comments; and

WHEREAS, the Council has considered the comments submitted to legislative record and any oral comments or presentation provided by the Commission or their representatives regarding this matter at the time this matter is heard upon first and, if applicable, second reading; and

WHEREAS, the City Council finds the propos ed amendment of section 3.12.045 amending the Oakland Campaign Reform Act to extend the sunset provision that temporarily returns the candidate c ontribution limits to the 2022 base limits unt il the Council funds the Democracy Dollars program as provided by the Fair Elections Act, Oakland Municipal Code, Chapter 3.15, furthers the purposes of the Oakl and Campaign Reform Act by ensuring that all candidates have access to adequa te financing, particularly th ose from marginalized backgrounds without access to heavy backing by independent expenditures, and by ensuring that all candidates have access to adequate financing in forthcoming elections until Democracy Dollars is fully implemented, which is especially important in light of severe cuts to the Limited Public Financing program due to the City’s strained budget situa tion and because a path to full funding of the Democracy Dollars program has not yet been established and is not yet known; and

WHEREAS, the modest extension of the sunset provision el iminates an unintentional imbalance in favor of specific elected officials: under the previous version, the sunset tended to favor candidates for City elected office on the 2026 election cycle, who could benefit from the temporary higher limits for longer than those on the 2028 election cy cle. Thus, this effort also furthers the purpose of the Oakland Campaign Refo rm Act in that it supports a fair and equal opportunity to participate in elective process; and

WHEREAS, similar to the Limited Public Financ ing program, which the Council found was appropriate to reinstate to bridge a ga p in funding for 2024 candidates, section 3.12.045 is intended to temporarily bridge the gap in pote ntial funding sources for candidates due to

4 unavailability of the Democracy Dollars Program and the severe cuts to the Limited Public Financing program; and

WHEREAS, section 3.12.045 properly leaves to the Commission the power to oversee the Democracy Dollars Fund such that the Commission may determine, in its discretion, expertise and judgment, which candidate races will be funded and, as long as a minimum potential funding of $30,000 per certified candidate per covered office exists, the lower limits set forth in 3.12.050(B) and 3.12.060(B) apply; and

WHEREAS, section 3.12.045 attempts to maintain uniform general limits as established by Measure W such that for candidates who part icipate in the Democracy Dollars Program, the temporary higher limits of 3.12.050(A) and 3.12.060(A) apply whenever the Commission projects, that the amount of Democracy Dollars proceeds available for that office will be less than $30,000 per certified candidate so that, in effect, all candi dates for the same office will be subject to the same limits; and

3.12.030(E), (F) and (G). Increasing the limits on contributions to officeholder funds allows elected City officials to focus on and dedicate more funds, subj ect to the eligible uses of officeholder funds, to issues and events important to their constituents and the community and will thus foster and promote public discussion of the same without burdening the City’s General Fund.

Increasing the contribution limits to officeholder funds also cu rbs corruption and the appearance of corruption by encouraging transparent and traceab le contributions to elected City officials, which may be used for any political, governmental or other lawful purpose except for campaigns and other prohibited uses as set forth in section 3.12.150(C).

WHEREAS, based on the foregoing and on any comments submitted to legislative record or presented to the Council prior to or at the time this matter is heard upon first and, if applicable, second reading, the City Council finds that the proposed amendment to extend the sunset provision of section 3.12.045 which, seeks to temporarily increase contribution limits as a stopgap measure due to the lack of Democracy Dollars and Limited Public Financing program funding furthers the purposes identified in OMC section 3.12.030(F), “[t]o ensure that serious candidates are able to raise enough money to communicate their views a nd positions adequately to the public, thereby promoting public discussion of the important issues involved in political campaigns.” By allowing candidates to access higher individual contributions , on a temporary basis, to allow them to be more competitive against those candidates with support from inde pendent expenditures, until at least $30,000 of Democracy Dollars funding is available, and by avoiding an unintended consequence of the sunset date negatively impacting the candidates for elected office in the 2028 election cycle, the legislation furthers the purpose of 3.12.030 (A), “To ensure that all individuals and interest groups in our City have a fair and equal opportunity to participate in elective and governmental processes.”; and

5 WHEREAS, based on the foregoing and on any comments submitted to legislative record or presented to the Council prior to or at the time this matter is heard upon first and, if applicable, second reading, the City Council finds that the proposed ame ndment of section 3.12.150, which seeks to clarify that officeholder expenditures may not be used for mailing within three months for any election for which the elected official is running for city office, is consistent with Measure W and furthers the purpose identified in OMC sec tion 3.12.030(I)to help rest ore public trust in governmental and electoral institutions.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OAKLAND DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council finds and determines the foregoing recitals to be true and correct and hereby makes them part of this Ordinance.

SECTION 2. The City Council hereby adopts the amendment of Title 3, Municipal Elections, Article III, Chapter 3.12, section 3.12.045 of the Oakland Municipal Code, as set forth below (additions are shown in underline; deletions are shown as strikethrough):

3.12.045. Temporary Contribution Limit Increase for Candidates.

A. This section shall apply only to a candidate running for City Office that has accepted the voluntary expenditure limits identified in section 3.15.140(A), as adjusted by the increase in the Consumer Price Index under section 3.15.200(A) and who has filed a statement with the Commission on a form approved for such purpose indicating such acceptance.

B. Effective immediately, the contribution limit s to a candidate spec ified in sections

3.12.050(A) and 3.12.050(B) shall be increased to nine hundred dollars ($900).

C. Effective immediately, the contribution limit s to a candidate spec ified in sections

3.12.060(A) and 3.12.060(B) shall be increased to one thousand eight hundred dollars ($1,800).

D. Contributions received prior to the effective date of this section, or prior to a candidate accepting the expenditure limits, whichever occurs later, shall be subject to the limits in effect at the time the contribution was made.

E. If a candidate declines to accept voluntary expenditure limits and receives contributions or makes qualified campaign expenditures equal to fifty percent (50%) or more of the voluntary expenditure lim it, or if any person makes one (1) or more independent expenditures totaling more th an thirty thousand dollars ($30,000.00) on a District City Council or School Board Direct or election, totaling more th an fifty thousand dollars ($50,000) on City Attorney, City Auditor, or At-Large City Counc il election, or totaling more than one hundred thousand dollars ( $100,000) on a Mayor elec tion, the applicable

6 voluntary expenditure limit sh all no longer be binding on a ny candidate running for the same office.

F. This section shall not change the contri bution limits for office holder expense funds pursuant to 3.12.150(E). Candidates qualifyin g for the temporary contribution limit increases set forth in this se ction may, within one year fro m the date of their election, redesignate their candidate committee into an officeholde r fund, including any funds lawfully raised under the temporary contribution limit increases set forth in this section, so long as the fund balance does not exceed the amount of the total annual contribution limits in Section 3.12.150(A). When such redesignat ion occurs, existing co mmittee funds shall count against the contribution limits in Section 3.12.150(A). The contribution limits under Section 3.12.150(E) are inapplicable to any existing funds when such redesignation occurs but will apply to subsequent contributions to the officeholder fund. Effective January 1, 2026, the contribution limits for contributions to the officeholder expense fund in 3.12.150 shall match the temporarily increased limits set forth in 3.12.045(B) and (C), above.

G. The increased contribution limits set forth in subsections (B) and (C) above, shall not apply to any City Office for which the Commissi on projects, pursuant to sections 3.15.070(C) and (E), that the amount of Democracy Dolla rs proceeds available is at least $30,000 per certified candidate for that City Office. Th e Commission shall set the effective date for when the contribution limits for any such impac ted City Office shall revert to the limits specified under sections 3.12.050 and 3.12.060. Any reversion shall be prospective only and shall not require a candidate to return any contribution made prior to the reversion which exceeded the limits specified in sections 3.12.050 and 3.12.060.

H. Beginning in January of 2027 and in January of ever y odd-numbered year thereafter, the Commission shall increase the contribution limit amounts set forth in subsections (B) and (C) above, by the percent increase, if any, in the Consumer Price Index for the preceding two (2) years, rounding to the nearest fift y-dollar ($50.00) value. The Commission shall use the Consumer Price Index for all Urban Consumers in the San Francisco-Oakland-San Jose, CA metropolitan statistical area, as published by the United St ates Department of Labor, Bureau of Statistics, or if such an index is discontinued, then the most similar successor index. The Commission shall publish the adjusted contribution limits no later than the 1st of February of the year in which the adjustment occurs.

I. This section will sunset without further Council action on June 30December 31, 2029. Any contributions received after that date shall be subject to the contribution limits specified in sections 3.12.050 and 3.12.060.

SECTION 3. The City Council hereby adopts the amendment of Title 3, Municipal Elections, Article III, Chapter 3.12, section 3.12.150 of the Oakland Municipal Code as set forth below (additions are shown in underline; deletions are shown as strikethrough):

7 3.12.150 - Officeholder fund.

A. Every elected City official shall be permitt ed to establish one (1) officeholder expense fund. All contributions deposited into the officeholder expense fund shall be deemed to be held in trust for expenses associated with holding the office currently held by the elected City official. Contributions to the officeholde r fund must be made by a separate check or other separate written instrument. Single c ontributions may not be divided between the officeholder fund and any other candidate committee. For District Councilmembers, total contributions to an officeholder fund sha ll not exceed seventy-five thousand dollars ($75,000.00) per year in office. For City-wide offices (Mayor, Councilmember At-Large, City Attorney and City Aud itor) , total contributions to an officeholder fund shall not exceed one hundred thousand dollars ($100,000.00) per year in office. For School Board Directors, total contributions to an officeholder fund shall not exceed twenty-five thousand dollars ($25,000.00) per year in office.

B. Expenditures from an officeholder fund may be made for any political, governmental or other lawful purpose, but may not be used for any of the purposes prohibited in Subsections C.1. through 5. of this Section. Such allowa ble expenditures shall include, but are not limited to, the following categories:

1. Expenditures for fundraising (including solic itations by mail) for the officeholder expense fund;

2. Expenditures for office equipment, furnishings and office supplies;

3. Expenditures for office rent;

4. Expenditures for salaries of part-time or full-time staff em ployed by the elected City official for officeholder activities;

5. Expenditures for consulting, research, po lling, photographic or similar services except for campaign expenditures for any c ity, county, regional, State or Federal elective office;

6. Expenditures for conferences, meetings, receptions, and events attended in the performance of government duties by (1) the elected City official; (2) a member of the elected City officials' staff; or (3) such other pe rson designated by the elected City official who is authorized to perform such government duties;

7. Expenditures for travel, including lodging, meals and other related disbursements, incurred in the performance of governmental duties by (1) the elected City official, (2) a member of the elected City official s' staff, (3) such other person designated by the elected City official who is authorized to perfo rm such government duties, or a member of such person's household accompanying the person on such travel;

8. Expenditures for meals and entertainment directly preceding, during or following a governmental or legislative activity;

9. Expenditures for donations to tax-exempt e ducational institutions or tax exempt charitable, civic or service organizations , including the purchase of tickets to charitable or civic events, where no substa ntial part of the proceeds will have a

8 material financial effect on the elected officer, any member of his or her immediate family, or his or her committee treasurer;

10. Expenditures for memberships to civic, se rvice or professional organizations, if such membership bears a reasonable relati onship to a governmental, legislative or political purpose;

11. Expenditures for an educational course or educational seminar if the course or seminar maintains or improves skills which are employed by the elected City official or a member of the elected City official's staff in the performance of his or her governmental responsibilities;

12. Expenditures for advertisements in programs, books, testimonials, souvenir books, or other publications if the adver tisement does not support or oppose the nominations or election of a candidate for City, county, regional, State or Federal elective office;

13. Expenditures for mailing to persons within the City which provide information related to City-sponsored events, school di strict-sponsored events, an official's governmental duties or an official's positio n on a particular matter pending before the Council, Mayor, or School Board provided, however, that no such expenditures shall be made for any mailing distributed within three months of any election in which the elected City official is running for a City office;

14. Expenditures for expressions of congratula tions, appreciation or condolences sent to constituents, employees, governmental officials, or other persons with whom the elected City official communicates in his or her official capacity;

15. Expenditures for payment of tax liabilities incurred as a result of authorized officeholder expense fund transactions;

16. Expenditures for accounting, professional an d administrative services provided to the officeholder fund;

17. Expenditures for ballot measures.

C. Officeholder expense funds shall not be used for the following:

1. Expenditures in connection with a future election for any City, county, regional, State or Federal elective office;

2. Expenditures for campaign consulting, rese arch, polling, photographic or similar services for election to City, county, regional, State or Federal elective office;

3. Membership in any athletic, social, fraternal, veteran or religious organization;

4. Supplemental compensation for employees for performance of an act which would be required or expected of the person in the regular c ourse or hours of his or her duties as a City official;

5. Any expenditure that would violate the provi sions of the California State Political Reform Act, including Government Code Sections 89506 and 89512 through 89519.

D. No funds may be transferred from the officehol der fund of an elected City official to any other candidate committee.

9 E. Annual contributions received by or made to the officeholder fund shall be subject to the contribution limitations of Article III of this Act.

SECTION 4. Severability. If any section, s ubsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Chapter. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase thereof irrespective of the fact that one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional

SECTION 5. Effective Date. Except as otherwise state d, this Ordinance shall become effective immediately on final adoption if it receives six or more affirmative votes; otherwise it shall become effective upon the seventh day after final adoption.

IN COUNCIL, OAKLAND, CALIFORNIA,

PASSED BY THE FOLLOWING VOTE:

AYES -

BROWN, FIFE, GALLO, HOUSTON, RAMACHANDRAN, UNGER, WANG, AND

PRESIDENT JENKINS
NOES –
ABSENT –
ABSTENTION –

ATTEST:

ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California

3442406v2/SW

NOTICE AND DIGEST

ORDINANCE AMENDING THE OAKL AND CAMPAIGN REFORM ACT
(OAKLAND MUNICIPAL CODE TITL E 3, MUNICIPAL ELECTIONS,
ARTICLE III, CHAPTER 3.12) TO 1) AMEND SECTION 3.12.045 TO

INCREASE THE CONTRIBUTION LIMITS TO OFFICEHOLDER FUNDS

TO MATCH THE TEMPORARILY INCREASED LIMITS TO

CANDIDATES AND CAN DIDATE-CONTROLLED COMMITTEES AND
TO EXTEND THE SUNSET DATE; AND 2) AMEND SECTION 3.12.150 TO

CLARIFY THAT OFFICEHOLDER EXPENDITURES MAY NOT BE

USED FOR MAILING WITHIN TH REE MONTHS OF ANY ELECTION

FOR WHICH THE ELECTED OFFICI AL IS RUNNING FOR CITY
OFFICE

This Ordinance amends section 3.12.045 of the Oakland Campaign Reform Act, Title 3, Article III, Chapter 3.12 of the Oakland Municipal Code, to temporarily increase the contribution limits to officeholder expense funds to match the temporarily increased limits to candidates and candidate- controlled committees set forth in 3.12.045 and to extend the sunset date of that temporary section (3.12.045) by six months to December 31, 2029. This Ordinance also amends OMC section 3.12.150 to clarify that officeholder expenditures may not be used for any mailings within three months of any election for which the elected official is running for City office.

Oakland City CouncilDecember 16, 2025

Oakland City Council
December 16, 2025