ITEM 6.4
Ordinance Amending Chapter 2.06 “Campaign
Contribution Limitations in Municipal
Elections” of the Union City Municipal Code
2 Background
• Union City Municipal Code Chapter 2.06 establishes campaign contribution limits and restrictions applicable to municipal elections of the Mayor and City Council. • Campaign contributions to candidates and candidate-controlled committees is $800 per person during an election year.
• Contribution limits apply to independent expenditure committees. • Committees supporting or opposing the same candidate cannot have same officers. • Loans are treated differently in special elections.
3 Proposed Ordinance - Rationale
• Constitutional case law provides that agencies cannot limit contributions to independent expenditure committees.
• Supreme Court precedent has held that limits of independent expenditures do not pose a risk of corruption that may exist for contributions made directly to candidates or committees they control.
• Clean-up related to officers of committees.
• Inconsistent treatment of loans.
4 Proposed Ordinance - Revisions
• Proposed ordinance would eliminate campaign contributions on independent expenditure committees.
• Proposed ordinance would no longer address officers of committees – that would be subject to state law and regulations.
• Loans would be treated the same during special elections and general elections – provided the loan is repaid within one year of the election, it is not treated as a contribution.
5 Recommendation
Staff recommends that the City Council waive full reading and introduce by title only an ordinance of the City Council of the City of Union City Amending Chapter 2.06 “Campaign Contribution Limitations in Municipal Elections” of the Union City Municipal Code.