Note: On February 16, 2010, the United States District Court for the Southern District of California ordered a preliminary
injunction with respect to several provisions of the City of San Diego's campaign laws. In particular, the court's order prevents
the City from enforcing any limits on the source or amount of contributions to entities that make independent expenditures. These
FAQs have been updated to recognize the court's ruling.
Campaign Contributions
What is a contribution?
A "contribution" is any payment made for a political purpose and includes any payment, reimbursement,
distribution, transfer, loan, advance, deposit, gift, forgiveness of a debt, or
reduction of a debt. The definition is broad enough to cover anything of value given for
political purposes to a person if something of equal value is not given in return. A contribution can be a
monetary payment (e.g., cash, check, or credit card payment), or a non-monetary or "in-kind" payment (e.g., a donation of goods).
Are there limits to the amount I can contribute to a candidate?
Yes. You may not contribute more than $500 per election to a candidate or a committee created by
a candidate to support his or her candidacy for elective City office. Note that if you are an organization,
you may not make any contributions directly to a candidate or his/her campaign committee.
Are there limits to the amount I can contribute to a ballot measure committee?
No. The City of San Diego does not impose any limitations on the amount of money you may contribute
to a committee formed to support or oppose a ballot measure. This freedom to contribute without restriction
applies equally to individuals and to organizations.
May I contribute $500 to a candidate for the primary
election and another $500 for the general election?
Yes. The $500 contribution limit applies to each election. You may contribute a total of $1,000 per candidate over the two elections.
May I contribute to more than one candidate?
Yes. You may contribute up to $500 per candidate per election. For example, if there are four races for elective office, you could
make a $500 contribution to each candidate in all four races.
May I contribute to different committees supporting the same candidate?
Yes. You may make unlimited contributions to any general purpose recipient committee or primarily formed recipient
committee that makes independent expenditures to support or oppose a candidate in a City election.
I've already given $1,000 to Candidate A to support her in
the primary and general elections. How can I spend more money on Candidate A's behalf?
As discussed above, you can contribute additional funds to a general purpose recipient committee or
primarily formed recipient committee that is supporting Candidate A. In addition, you are not
limited in the amount you spend independently. You may spend your own money to print and
distribute flyers, purchase a political advertisement in the newspaper, or buy signs to post. Keep in mind,
however, that if you make independent expenditures of more than $1,000 in a calendar
year, you will be considered a political committee and will have to file documents reporting your expenditures.
What is the difference between a contribution and an independent expenditure?
A contribution is given to someone else to spend. For example, if a person gives $100 to a candidate,
that person has made a contribution. The candidate may spend that $100 on advertising, flyers, billboards, or
anything else he or she wants. Moreover, if a person spends $100 at the behest of a candidate or the candidate's
committee, that payment is also a contribution. On the other hand, if a person spends money on advertising,
flyers, etc. to support a candidate, but does so in a manner that is completely independent of the candidate,
he or she has made an independent expenditure.
My company wishes to contribute to a candidate.
Is it subject to the $500 limit?
The City of San Diego does not allow business entities to make contributions to a candidate
or to a candidate's campaign committee. Although your company cannot make a contribution to the candidate,
the owners and employees of your company can support the candidate with individual contributions. In addition,
the company itself can make unlimited contributions to a general purpose recipient committee
or primarily formed recipient committee that is making independent expenditures to
support the candidate. Finally, your company can make its own independent expenditures, keeping in mind
that if it spends $1,000 or more on such expenditures in a calendar year, it will become a political
committee and be required to disclose the expenditures on a campaign statement.
I am a candidate. How much can I contribute to my own campaign?
There are no limits to the amount of your own money that you may contribute to your campaign. You are also not limited
with regard to when you use your own money to support your candidacy. Keep in mind that although you may donate unlimited
sums to your own campaign, personal loans to the campaign cannot exceed $100,000 at any one time.
Who can make loans to my campaign?
A friend or relative can loan money to your campaign, but such a loan would be considered a contribution and
may not exceed $500 for an election. If you obtain a loan for your campaign from a bank on terms available to
members of the public, then the loan does not constitute a contribution. As indicated above, any loans
you personally make to your campaign, including loans obtained from a bank, are limited to a total
of $100,000 at any one time.
I still have questions. How do I get help?
The Ethics Commission is available to provide telephonic or written advice regarding these matters.
