City Charter, Administrative Code, and Municipal Code

Sec. 803. Election of Board Members.

Sec. 803. Election of Board Members. The election of Members of the Board of Education of the Los Angeles Unified School District shall be conducted in accordance with Sections 400 through 440 of the Charter and applicable ordinances consistent with the Charter. In order to encourage a broader participation in the political process by placing limits on the amount any person may contribute or otherwise cause to be available to candidates for election to the Board of Education, the following campaign finance provisions apply to elections of the members of the Board of Education. This section is intended to supplement the Political Reform Act of 1974. (a) Definitions. (1) "Behested" means and will be treated in the following manner for purposes of this section: (A) An expenditure behested by a candidate or candidate's controlled committee is not an independent expenditure and shall be treated as a contribution to the candidate or committee that behests the expenditure. A payment is behested if it is made: (i) at the request or suggestion of the candidate, committee, or the candidate or committee's agent; (ii) in concert with, with the cooperation of, or in consultation with, the candidate, committee, or the candidate or committee's agent; or (iii) under any arrangement, coordination, or direction between the candidate, committee, or the candidate or committee's agent. (B) An expenditure is behested without limitation under the following circumstances: (i) active involvement or participation by a candidate in the creation or design of a communication financed by the spender, including consultation between the spender and the candidate about content; (ii) solicitation by the spender and/or provision by the candidate of materials specifically for use in the communication or procuring the candidate's consent to include specific materials in the communication; or (iii) arranging with the candidate for preparation of any materials used in the communication. (C) There is a rebuttable presumption that an expenditure is behested, and therefore not independent, if: (i) it is made by or through any agent of the affected candidate or member of the candidate's controlled committee in the course of his/her involvement in the current campaign;