3.13.070 - Application and withdrawal procedures.

A.

Each candidate for city office shall file a statement with the City Clerk on a form approved for such purpose indicating acceptance or rejection of the voluntary spending ceilings pursuant to Section 3.12.190 of this code.

B.

A candidate who intends to accept public matching funds from the election campaign fund shall sign an oath under penalty of perjury that the candidate and the candidate's controlled committee have, to the best of his or her knowledge, complied with all applicable contribution and expenditure limitations under the Oakland Campaign Reform Act and intends to comply with such contribution and expenditure limitations at all times in which the limitations apply.

C.

If a candidate declines to accept the voluntary expenditure ceilings prescribed in Section 3.12.200 of this code, the candidate shall be subject to the contribution limits of Sections 3.12.050(A) and 3.12.060(A) and shall not be eligible for matching funds.

D.

If a candidate agrees to accept the voluntary expenditure ceilings prescribed in Section 3.12.200 of this code, the candidate shall be subject to the contribution limits of Sections 3.12.050(B) and 3.12.060(B) as adjusted pursuant to Sections 3.12.050(G) and 3.12.060(G), and shall be eligible for public matching funds upon meeting the qualification requirements as provided in this Act.

E.

A candidate who agrees to accept the expenditure ceilings in Section 3.12.200 of this code shall not change the decision, unless an opposing candidate files a statement of rejection, or as otherwise provided in Section 3.12.220. In the event an opposing candidate files a statement of rejection, any candidate for the same office may rescind his or her acceptance within ten calendar days of the deadline for filing nomination papers, provided that the candidate has not accepted any contributions in amounts greater than the limitations set forth in Section 3.12.050(A) and 3.12.060(A). Any candidate rescinding his or her acceptance of the expenditure ceilings shall not be eligible for public matching funds. In the event expenditures ceilings are lifted pursuant to Section 3.12.220, a candidate who accepted expenditure ceilings shall be permitted to continue receiving matching public funds but shall no longer be subject to expenditure ceilings.

(Ord. 12669 § 5, 2005: Ord. 12375 (part), 2001: Ord. 12308 (part), 2001)

3.13.080 - Qualification procedures.

An eligible candidate shall be approved to receive public matching funds if the candidate meets all of the following requirements:

A.

The candidate has filed a timely statement of acceptance of the voluntary spending ceilings and acceptance of public matching funds.

B.

The candidate is certified to appear on the ballot for the election for which matching funds are sought.

C.

The candidate has received contributions in an aggregate amount of at least five percent of the expenditure ceiling for the office being sought from contributors whose principal residence or whose primary place of doing business is located within the city of Oakland and which residence or business address appears on the written instrument used to make the contribution. Contributions from the candidate's own funds shall not be counted towards meeting this five percent requirement.

D.

The candidate is opposed by another candidate for the same office who has qualified for matching funds, or the candidate is opposed by another candidate for the same office who has received contributions or made expenditures or has cash on hand in an amount of at least seven percent of the voluntary expenditure ceiling for that office.

E.

The candidate agrees to all conditions and requirements of the use of public funds set forth in the Act and submits to any reasonable audits or compliance reviews deemed appropriate by the Public Ethics Commission or other civil authorities.

F.

The candidate or his or her campaign treasurer or designee attends a training program conducted or sponsored by the Public Ethics Commission. The Public Ethics Commission shall conduct or sponsor at least three training programs before the nomination period closes in any general municipal election.

G.

The candidate has filed, and completely and accurately executed, all pre-election campaign statements that are due at the time matching funds are payable. All candidates receiving matching funds shall timely file, and completely and accurately execute, all post-election campaign statements for each election in which they received matching funds.

(Ord. 12669 § 6, 2005: Ord. 12648 § 3, 2005: Ord. 12375 (part), 2001: Ord. 12308 (part), 2001)

3.13.090 - Use of personal funds.

Unless the voluntary expenditure ceilings are lifted in accordance with Section 3.12.220, a candidate who accepts public matching funds shall not receive contributions or loans from the candidate's own funds which aggregate total exceeds five percent of the voluntary expenditure ceiling for the office being sought. If the voluntary expenditure ceilings for the office being sought are lifted, this provision shall not apply.

(Ord. 12669 § 7, 2005: Ord. 12375 (part), 2001: Ord. 12308 (part), 2001)