2.12.500 Eligibility for Fair Elections campaign funding.
A. To be eligible to be certified as a participating candidate, a candidate must:
1) During the qualifying period for the election involved, choose to participate in the Fair Elections program by filing with the City a written application for certification as a participating candidate in such form as may be prescribed by the Commission, containing the identity of the candidate, the office that the candidate seeks, and the candidate’s signature, under penalty of perjury, certifying that:
a)The candidate has complied with the restrictions of this chapter during the election cycle to date;
b)The candidate’s campaign committee has filed all campaign finance reports required by law during the election cycle to date and that they are complete and accurate; and
c)The candidate will comply with the requirements of this Act during the remainder of the election cycle and, specifically, if certified an eligible participating candidate, will comply with the requirements applicable to participating candidates.
2)Meet all requirements to be eligible to hold the office sought:
a)For the office of Mayor, Councilmember, Auditor, or School Director, the requirements as set forth in Sections 9 and 10 of Article V of the Charter of the City of Berkeley; or
b)For the office of Commissioner of the Rent Stabilization Board, the requirements as set forth in Section 121 of Article XVII of the Charter of the City of Berkeley.
3)Before the close of the qualifying period, collect and submit at least 30 qualified contributions, from at least 30 unique contributors, of at least ten dollars ($10)*, for a total dollar amount of at least five-hundred dollars ($500)*.
a)Each qualified contribution shall be acknowledged by a receipt to the contributor, with a copy retained by the candidate. The receipt shall include the contributor’s signature, printed name, home address, and telephone number, if any, and the name of the candidate on whose behalf the contribution is made. In addition, the receipt shall indicate by the contributor’s signature that the contributor understands that the purpose of the qualified contribution is to help the candidate qualify for Fair Elections campaign funding and that the contribution is made without coercion or reimbursement.
b)A contribution for which a candidate has not obtained a signed and fully completed receipt shall not be counted as a qualified contribution.
4)Maintain such records of receipts and expenditures as required by the Commission;
5)Obtain and furnish to the Commission or City staff any information they may request relating to his or her campaign expenditures or contributions and furnish such documentation and other proof of compliance with this chapter as may be requested by such Commission or City staff;
6)Not make expenditures from or use his or her personal funds or funds jointly held with his or her spouse, domestic partner, or unemancipated children in connection with his or her election except as a monetary or non-monetary contribution to his or her controlled committee of $250* or less. Contributions from a participating candidate to his or her own controlled committee are not eligible for matching funds.
7)Not accept contributions in connection with the election for which Fair Elections funds are sought other than qualified contributions, contributions not greater than fifty dollars ($50)* made by a natural person non-resident of Berkeley, or non-monetary contributions with a fair market value not greater than fifty dollars ($50)*. The aggregate value of all contributions from any individual must not be greater than fifty dollars ($50)*;
8)Not solicit or direct contributions in connection with any election during the election cycle in which Fair Elections funds are sought other than qualified contributions, contributions not greater than fifty dollars ($50)* made by a natural person non-resident of Berkeley, or non-monetary contributions with fair market value not greater than fifty dollars ($50)* to such candidate’s-controlled committee.
9)Not accept loans from any source.
10)The City has the authority to approve a candidate’s application for public financing, despite a violation by the candidate related to participation and qualification in the public financing program, if the violation is minor in scope and the candidate demonstrates a timely, good-faith effort to remedy the violation. The Commission shall adopt regulations setting forth guidelines for what constitutes a minor violation under this provision.
*The dollar amounts in this code section are adjusted for inflation every two years. The current dollar amounts are posted online.
B. At the earliest practicable time after a candidate files with the City a written application for certification as a participating candidate, the City shall certify that the candidate is or is not eligible. Eligibility can be revoked if the Commission determines that a candidate has committed a substantial violation of the requirements of this Act, in which case all Fair Elections funds shall be repaid.
C. At the discretion of the Commission or at the applying candidate’s request, the City’s denial of eligibility is subject to review by the Commission. The Commission’s determination is final except that it is subject to a prompt judicial review pursuant to Section 2.12.235.
D. If the City or Commission determines that a candidate is not eligible, the candidate is not required to comply with provisions of this Act applicable only to participating candidates. (Ord. 7793-NS § 3, 2021: Ord. 7723-NS § 1, 2020: Ord. 7691-NS § 2, 2020: Ord. 7674-NS § 1, 2019: Ord. 7564-NS § 7, 2017: Ord. 7524-NS § 3.6 (part), 2016)