NVF:RLT:JMD
6/2/2023
1 T-45243 / 2026272
Council Agenda: 06-13-2023
Item No.: 3.8
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN JOSE AMENDING
SECTION 12.06.030 OF CHAPTER 12.06 OF TITLE 12 OF
THE SAN JOSE MUNICIPAL CODE TO AMEND THE
DEFINITION OF A CANDIDATE TO CONFORM WITH
STATE LAW, AND SECTION 12.06.220 OF CHAPTER
12.06 OF TITLE 12 OF THE SAN JOSE MUNICIPAL CODE
TO AMEND THE DEFINITION OF AGENT TO INCLUDE AN
ELECTED OFFICER’S STAFF
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE:
SECTION 1. Section 12.06.030 of Chapter 12.06 of Title 12 of the San José Municipal Code is hereby amended and reads as follows:
12.06.030 Candidate.
"Candidate" shall mean an individual who:
A. Is listed on the ballot; or
B. Has qualified to have write-in votes on their behalf counted by election officials for nomination or election to any elective city office; or C. Has given their consent for any other person to receive a contribution or make an expenditure with the intention of bringing about his or hertheir nomination for or election to any elective city office, whether or not the specific elective office for which he or shethey will seek nomination or election is known at the time the contribution is received or the expenditure is made and whether or not he or shethey haves announced his or hertheir candidacy or filed a declaration of candidacy; or
NVF:RLT:JMD
6/2/2023
2 T-45243 / 2026272
Council Agenda: 06-13-2023
Item No.: 3.8
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
D. Has filed a form “statement of intention” to be a candidate with the city clerk; or E. An elected officer, including any elected officer who is the subject of a recall; or F. Retains candidate status under subsections A, B, C, D and E until their filing obligations terminate under Government Code Section 84214 of the Political Reform Act.
SECTION 2. Section 12.06.220 of Chapter 12.06 of Title 12 of the San José Municipal Code is hereby amended and reads as follows:
12.06.220 Applicability to agents.
A. "Agent" shall mean any person who has:
1. Has express or implied authority to make or to authorize the making of expenditures on behalf of a candidate; or
2. , or who has Has been placed in a position within the campaign organization where it would reasonably appear that in the ordinary course of campaign-related activities he or she may authorize expenditures; or
3. . An "agent" is also any person who is Is serving or has served in an advisory, decision-making, or strategic role with a candidate's campaign, with or without compensation, where that person's duties and/or actions reflect or require direct knowledge of the candidate's campaign strategy, plans and needs; or
1.4. Is a member of the candidate’s office staff, with or without compensation.
B. The prohibitions and requirements of this chapter applicable to a candidate shall also apply to the candidate's agent.
NVF:RLT:JMD
6/2/2023
3 T-45243 / 2026272
Council Agenda: 06-13-2023
Item No.: 3.8
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
PASSED FOR PUBLICATION of title this __ day of _________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
_________________________
MATT MAHAN
Mayor
ATTEST:
____________________
TONI J. TABER, CMC
City Clerk