2.28.23 Release - Local Campaign Contribution Limits

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FEBRUARY 28, 2023

Local campaign contribution limits (adopted pursuant to Government Code Section


85702.5) are not subject to FPPC jurisdiction or regulation
FRESNO, CA - During today’s Board of Supervisors meeting, the majority of board
members voted in favor of a closed session item that initiates declaratory relief action
against Garry Bredefeld and Luis Chavez to confirm the interpretation and application
of the Campaign Contribution Ordinance Code Section 2.62.040. Both Supervisors Sal
Quintero and Steve Brandau recused themselves from both the discussion and the vote.

On February 15, 2023, the prospective candidates Bredefeld and Chavez stated to The
Fresno Bee they will transfer their city campaign committee funds to their new county
committee funds, in excess of the $30,000 contribution limits contained in the Fresno
County Ordinance Code 2.62.040.

According to state law, the Fair Political Practices Commission (FPPC) regulations
apparently being relied upon by the prospective candidates do not apply when a local
jurisdiction has adopted its own campaign contribution limits pursuant to California
Government Code, Section 85702.5 as Fresno County has done. The plain language of
Fresno County Ordinance Code 2.62.040 limits contributions from all sources to $30,000.

The FPPC has stated in a formal opinion letter that the question of whether an intra-
candidate transfer from one campaign committee to another is permissible falls outside
the provisions of the Political Reform Act and will instead depend on any federal
restrictions and the local ordinances. Pursuant to state law, FPPC has no authority to
assist with any questions regarding the applicability of local restrictions (attached for
reference is a formal opinion letter from the FPPC, dated January 12, 2021).

The County is confident that the outcome of this proceeding will confirm its position.

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