City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-00441 2/13/2024 Consent Item 12.
(Pass for Publication) Ordinance Amending Section 2.13.040 of the Sacramento City Code, Relating to Campaign Contribution Limitations
File ID: 2024-00441
Location: Citywide
Recommendation: 1) Review an Ordinance amending Section 2.13.040 of the Sacramento City Code, relating to Campaign Contribution Limitations; and 2) Pass for Publication the ordinance title as required by Sacramento City Charter §32(c), to be submitted to the City Council for adoption on February 27, 2024.
Contact: Mindy Cuppy, City Clerk, (916) 808-5442, [email protected], Office of the City Clerk; Kamie Southward, Program Specialist, (916) 808-7604, [email protected], Office of the City Clerk Presenter: None
Attachments:
1-Description/Analysis
2-Ordinance, Redline
3-Ordinance, Clean
Description/Analysis
Issue Detail: The City Council adopted Ordinance No. 2000-0048 on November 21, 2000, which amended Title 2 of the Sacramento City Code, by adding Chapter 2.13, which relates to contribution limits for City elections.
The original language of the ordinance defines the “off-election year” with specific dates: the period from January 1 through June 30 of the year preceding the year of the election is the “off-election year,” while the period from July 1 through December 31 of that year shall be considered part of the election year. These dates are premised on a primary election date in June.
This remained unchanged until February 26, 2019, when Ordinance No. 2019-0004 was adopted, amending “off-election year” to refer to the specified period of January 1 through March 31 of the year prior to the primary in 2020. This occurred in response to the State of California moving up its primary election to be held in March (SS.B. 568). Because the City ties its primary election date to
File ID: 2024-00441 2/13/2024 Consent Item 12.
the statewide primary election date, per Sacramento City Code section 1.16.020, the City adopted Ordinance No. 2019-0004, giving a candidate a one-year “primary election period.” In 2021, the definition of “off-election year” changed once more, reverting to the original definition of January 1 through June 30, with the passing of Ordinance 2021-0007 on March 16, 2021. This change occurred in response to the State of California moving the next primary election in 2022 back to being held in June, and the City wanting to retain the historic one-year primary election period.
In 2023, the definition of “off-election year” did not change, despite the State of California once again changing its primary to March 2024. Therefore, the primary election period began during the off- election year. Multiple individuals campaigning in 2023 for the March 5, 2024 Primary Election expressed confusion and uncertainty regarding what constituted the primary election period versus the off-election year, due to our historic one-year primary election period.
The proposed amendment resolves confusion regarding the definition of the “primary election period” and “off-election year.” The updated language allows for a floating primary election period and off- election year. There is no further need to update the Sacramento City Code biannually to accommodate a one-year primary election period when the State of California changes its primary election date. This amendment solidifies that candidates will receive a one-year primary election period, regardless when the primary election is scheduled.
Policy Considerations: The pass for publication is in alignment with the Sacramento City Charter.
Sacramento City Charter §32(c) requires an ordinance title be first passed for publication in the official newspaper of the City prior to the adoption by the Council.
Economic Impacts: None.
Environmental Considerations: None.
Sustainability: Not applicable.
Commission/Committee Action: On January 16, 2024, the Law and Legislative Committee passed a motion to forward to Council the proposed Ordinance amending Section 2.13.040, relating to Campaign Contribution Limitations.
Rationale for Recommendation: These amendments to the Sacramento City Code ensure candidates receive a one-year primary election period and updates the code so that is not reliant on when the primary election is scheduled. The amendments also negate the need to update the definitions of “off-election year” and “primary election period” in the Sacramento City Code when the State of California changes the date of the primary election.
Financial Considerations: Not applicable.
Local Business Enterprise (LBE): Not applicable.
Ordinance No.2023‐ Adopted on 1
1324350
ORDINANCE NO.
Adopted by the Sacramento City Council
Date Adopted
AN ORDINANCE AMENDING SECTION 2.13.040 OF THE SACRAMENTO CITY CODE, RELATING TO CAMPAIGN CONTRIBUTION LIMITATIONS
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
SECTION 1.
A. Section 2.13.040 of the Sacramento City Code is hereby amended as follows:
1. The definition of “off‐election year” is hereby amended to read as follows:
“Off‐election year” means each of the calendar years during the term of a city elective office in which an election for that office is not held, subject to the following:
1. For purposes of a regular election for city elective office, the period from January 1st through June 30th of the year preceding the year of the election through the date that is one year before the primary election date is considered an off‐election year, while the period from July 1st1stthe day after the date that is one year before the primary election date through December 31st of that year is not considered part of the off‐election year and the aggregate limitations on off‐ election year contributions set forth in Ssection 2.13.050 are not applicable to contributions made during that period.
2. If a candidate for city elective office receives a majority of votes cast in the primary election, the period from the first date of the month immediately following the month of the primary election through December 31st of that year is considered an off‐election year for that candidate.
3. For purposes of a special election to fill a city elective office that became vacant in a year prior to the year of the special election, the prior year is not considered an off‐election year.
4. For purposes of a special election to fill a city elective office, the period from the first day of the month immediately following the month in which the special election is held through December 31st of the year of the special election
Ordinance No.2023‐ Adopted on 2
1324350
is considered an off‐election year for that candidate for purposes of applicable contribution limitations.
2. The definition of “primary election period” is hereby amended to read as follows:
“Primary election period” means the period from April 1stthe date that is one year before the primary election date of the year preceding the year of the election through the last day of the month in which the primary election is held.
B. Except as amended by subsection A above, all provisions of section 2.13.040 remain unchanged and in full effect.
Adopted by the City of Sacramento City Council on by the following vote:
Ayes:
Noes:
Abstain:
Absent:
MAYOR
Attest:
City Clerk
Passed for Publication:
Published:
Effective:
ORDINANCE NO.
Adopted by the Sacramento City Council
Date Adopted
AN ORDINANCE AMENDING SECTION 2.13.040 OF THE SACRAMENTO CITY CODE, RELATING
TO CAMPAIGN CONTRIBUTION LIMITATIONS
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
SECTION 1.
A. Section 2.13.040 of the Sacramento City Code is hereby amended as follows:
1. The definition of “off-election year” is hereby amended to read as follows:
“Off-election year” means each of the calendar years during the term of a city elective office in which an elec tion for that office is not held, subject to the following:
1. For purposes of a regular election for city elective office, the period from January 1st of the year preceding the year of the election through the date that is one year before the primary election date is considered an off-election year, while the period from the day after the date that is one year before the primary election date through December 31st of that year is not considered part of the off-election year and the aggregate limi tations on off-election year contributions set forth in section 2.13.050 are not applicable to contributions made during that period.
2. If a candidate for city elective office receives a majority of votes cast in the primary election, the period from the first date of the month immediately following the month of the primary election through December 31st of that year is considered an off-election year for that candidate.
3. For purposes of a special election to fill a city elective offi ce that became vacant in a year prior to the year of the special election, the prior year is not considered an off-election year.
4. For purposes of a special election to fill a city elective office, the period from the first day of the month imm ediately following the month in which the special election is held through December 31st of the year of the special election is considered an off -election year for that candidate for purposes of applicable contribution limitations.
2. The definition of “primary election period” is hereby amended to read as follows:
“Primary election period” means the period from the date that is one year before the primary election date through the last day of the month in which the primary election is held.
B. Except as amended by subsection A above, all provisions of section 2.13.040 remain unchanged and in full effect.
Adopted by the City of Sacramento City Council on by the following vote:
Ayes:
Noes:
Abstain:
Absent:
MAYOR
Attest:
City Clerk
Passed for Publication:
Published:
Effective: