NEWPORT BEACH : Campaign Literature Ordinance Adopted

In an attempt to limit election-related mudslinging, the City Council has adopted an ordinance requiring immediate public disclosure of campaign literature during the last days before an election.

The ordinance is designed to discourage the distribution of “hit pieces”--pamphlets, flyers and other campaign literature that are usually mailed in the final days before an election in a last-chance attempt to sway voters.

The ordinance targets campaign documents distributed within 14 days before an election. Proponents said that in addition to discouraging candidates and campaigners from making personal attacks or misrepresentations, the ordinance will allow opponents sufficient time to respond.

Under the ordinance, anyone who distributes 200 campaign documents or “substantially similar” documents in the last two weeks before any municipal or general election must file 10 copies with the city clerk within two hours.

Violations carry a $500 fine, a six-month jail term, or both. Candidates connected with a violation and who win as a result must forfeit their office.

Although candidates potentially could be held liable for a flyer they did not send, the city attorney would investigate to identify its source before penalties are determined, under the ordinance.