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Home My WebLink AboutMINUTES - 08011995 - C21 R ORDINANCE NO. 95-35 (Statement of acceptance of voluntary campaign expenditure limits for supervisorial campaigns ) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code) . SECTION I . SUMMARY. This Ordinance amends section 530-2 . 707 of the Fair Campaign Ordinance to provide that after that date which precedes a primary election by twelve months, a supervisorial candidate may file with the County Clerk a statement under penalty of perjury accepting the voluntary campaign expenditure limits . The Ordinance also specifies the time at which a recall candidate may file a statement accepting the voluntary campaign expenditure limits . The Ordinance also adds an uncodified section clarifying the Board's intent that candidates who accepted contributions after the effective date of Ordinance 95-8 and who thereafter adopt the voluntary expenditure ceiling may accept only the balance of the total amount of the higher differential contribution limit. SECTION II . Section 530-2 . 707 is amended to read: 530-2 . 707 Voluntary expenditure limits (a) Statement accepting expenditure ceiling. All candidates, other than recall candidates, who adopt the expenditure ceiling specified in subsection (c) may accept contributions in the amounts specified in section 530-2 . 703, subsection (b) and section 530-2 . 704 , subsection (b) . All recall candidates who adopt the expenditure ceiling specified in subsection (c) may accept contributions in the amounts specified in section 530-2 . 703, subsection (c) and section 530-2. 704 , subsection (c) . All candidates who adopt the expenditure ceiling specified in subsection (c) may loan their campaigns money up to the amount specified in section 530-2 . 706 , subsection (b) . Before accepting any contributions or making any loans within the amounts specified in sections 530-2 . 703 , subsections (b) and (c ) , 530-2 . 704 , subsections (b) and (c) , and 530-2 . 706 , subsection (b) , a candidate must file with the County Clerk- election division a statement, signed under penalty of perjury, which states that the candidate adopts the expenditure ceiling specified in subsection (c ) below. ORDINANCE NO. 95-35 1 4 (b) Time for filing statement adopting expenditure ceiling. The statement may be filed by a candidate, other than a recall candidate, at any time after that date which is twelve months before the date of the primary election for the office and until such time as the candidate files his or her declaration of candidacy. In the event the candidate is not elected to office in the primary election and enters the runoff election, such statement shall apply for both the primary and general election. The candidate need not file a separate statement adopting the expenditure ceiling for the general election. A recall candidate may file the statement adopting the expenditure ceiling at any time after the date the recall measure is certified for the ballot until thirty days before the recall election. (c) Amount of expenditure ceiling. During an election cycle, candidates who agree to accept the voluntary expenditure ceiling shall not incur campaign expenditures exceeding eighty thousand dollars ( $80, 000) , except as set forth in subsection (d) below. (d) Contributions from individuals . During an election cycle, a candidate who accepts the voluntary expenditure ceiling and who raises twenty percent of the amount of that ceiling in contributions of less than one hundred dollars ( $100 ) from individuals residing in the supervisorial district in which the candidate stands for election, may incur ten thousand dollars ( $10, 000 ) in campaign expenditures in addition to that amount permitted in subsection (c) . (e) Notification by candidate who exceeds ceiling. A candidate who declines to accept the voluntary expenditure ceiling and who receives contributions or makes expenditures equal to or exceeding the amount of the expenditure ceiling shall notify the County Clerk-election division by both telephone and guaranteed overnight mail on the day the expenditure ceiling is exceeded. ( f ) Exclusions . For purposes of this Article, expenditures subject to the expenditure ceiling do not include: ( 1 ) expenditures for campaigns for other offices; ( 2 ) expenditures for campaigns for the office of Supervisor which occurred prior to the effective date of this ordinance; ( 3 ) expenditures for office holder expenses . "Office holder expenses" means those expenditures arising out of the office holder' s official duties which directly assist the office holder in performing his official duties , or which directly relate to a governmental purpose. "Office holder expenses" include but are not limited to, (a) donations to charitable organizations; (b) the cost of tickets to political events ; (c ) the cost of postage, office ORDINANCE NO. 95-35 2 supplies, stationary and similar expenses related to the conduct or performance of the office holder' s governmental duties; (d) reasonable expenses for travel to conferences, seminars, educational events and similar activities related to the office holder's position; (e) the cost of books or publications reasonably related to the office holder' s position; ( f ) litigation expenses related to the office holder' s actions as a supervisor. The expenses listed in items (a) through (f ) shall not be considered "office holder expenses" if they are used - in connection with any office holder's campaign for a future term of. office as a Supervisor. (Ords . 95-35 § 2; 95-8 . ) SECTION III . EFFECT OF CONTRIBUTION OR LOAN OF MONEY AFTER MAY 25, 1995 . It is the Board of Supervisors ' intent that if a candidate accepts a contribution after May 25, 1995 for an election occurring after that date from either an individual contributor or a broad based political committee, and thereafter files the statement adopting the voluntary expenditure ceiling, during the remainder of the election cycle for that election such candidate may accept from the same contributor or committee no more than an amount which when combined with the earlier contribution will not exceed the maximum amount specified in section 530-2 . 703 (b) or 530-2 . 704 (b) respectively. If after May 25, 1995 such candidate loans money to his or her campaign for an election occurring after that date and then adopts the voluntary expenditure ceiling, during the remainder of the election cycle for that election, such candidate may loan his or her campaign no more than an amount which when combined with the earlier loan will not exceed the maximum amount specified in section 530-2 . 706 (b) . ORDINANCE NO. 95-35 3 SECTION IV. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for and against it in the CONTRA COSTA TIMES , a newspaper published in this County. PASSED ON August 1 , 1995 , by the following vote: AYES: Supervisors Rogers , DeSaulnier and Torlakson NOES: None ABSENT: None ABSTAIN: Supervisors Smith adn Bishop ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator By: qDepty Boar16 Chair [SEAL] ORDINANCE NO. 95- 35 4 - 1 3 N •� ca Ln ' r+; 6' ro �, `� cCS jj tt z i �i M = d Ir- Z W N • � } �� t 7 H tta � W `r z m n U Wco �� o d O OUCD m N t w LU p tll O t 7 O a t r+ U CD OA 4'o 0 o 044 o 1 r- U o ma. � . •rr; �+ � Eos tt� i ONw Im I UIP 01 : t3� t iI Ua O is E, r'zzr N i � '� �� 04 z A Ul �+ r J N N Y► p Ra Q FCt U Q a N 0 Qt) �04 s g '14 ? W opG r� a' o Z 7 'Z O � 0 � N 4 t N o oc p a 7 W O 0o W C p 0n t Z= Wm a 3 uZ�o �" " ILU ch a t � �� V U OD a WO 05 cd c91 1 a� a`a OW is tl) N N U ! N U: ? o a 44o � 5:� 1B !RO ' : CL r' 91 -5 Z U o 1 t " cc ( O U y a am U csr- `Q � O5 Z� '� 85� U O J Z ORDINANCE NO. 95- 35 (Statement of acceptance of voluntary campaign expenditure limits for supervisorial campaigns ) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code) . SECTION I . SUMMARY. This Ordinance amends section 530-2 .707 of the Fair Campaign Ordinance to provide that after that date which precedes a primary election by twelve months, a supervisorial candidate may file with the County Clerk a statement under penalty of perjury accepting the voluntary campaign expenditure limits . The Ordinance also specifies the time at which a recall candidate may file a statement accepting the voluntary campaign expenditure limits . The Ordinance also adds an uncodified section clarifying the Board's intent that candidates who accepted contributions after the effective date of Ordinance 95-8 and who thereafter adopt the voluntary expenditure ceiling may accept only the balance of the total amount of the higher differential contribution limit . SECTION II . Section 530-2 . 707 is amended to read: 530-2 . 707 Voluntary expenditure limits (a) Statement accepting expenditure ceiling. All candidates, other than recall candidates , who adopt the expenditure ceiling specified in subsection (c) may accept contributions in the amounts specified in section 530-2 . 703, subsection (b) and section 530-2 . 704 , subsection (b) . All recall candidates who adopt the expenditure ceiling specified in subsection (c ) may accept contributions in the amounts specified in section 530-2 . 703 , subsection (c ) and section 530-2 . 704 , subsection (c) . All candidates who adopt the expenditure ceiling specified in subsection (c) may loan their campaigns money up to the amount specified in section 530-2 . 706 , subsection (b) . Before accepting any contributions or making any loans within the amounts specified in sections 530-2 . 703 , subsections (b) and (c ) , 530-2 . 704 , subsections (b) and (c) , and 530-2 . 706 , subsection (b) , a candidate must file with the County Clerk- election division a statement, signed under penalty of perjury, which states that the candidate adopts the expenditure ceiling specified in subsection (c ) below. OR N0. - (b) Time for filing statement adopting expenditure ceiling. The statement may be filed by a candidate, other than a recall candidate, at any time after that date which is twelve months before the date of the primary election for the office and until such time as the candidate files his or her declaration of candidacy. In the event the candidate is not elected to office in the primary election and enters the runoff election, such statement shall apply for both the primary and general election. The candidate need not file a separate statement adopting the expenditure ceiling for the general election. A recall candidate may file the statement adopting the expenditure ceiling at any time after the date the recall measure is certified for the ballot until thirty days before the recall election. (c) Amount of expenditure ceiling. During an election cycle, candidates who agree to accept the voluntary expenditure ceiling shall not incur campaign expenditures exceeding eighty thousand dollars ( $80, 000 ) , except as set forth in subsection (d) below. (d) Contributions from individuals . During an election cycle, a candidate who accepts the voluntary expenditure ceiling and who raises twenty percent of the amount of that ceiling in contributions of less than one hundred dollars ( $100 ) from individuals residing in the supervisorial district in which the candidate stands for election, may incur ten thousand dollars ( $10, 000 ) in campaign expenditures in addition to that amount permitted in subsection (c) . (e) Notification by candidate who exceeds ceiling. A candidate who declines to accept the voluntary expenditure ceiling and who receives contributions or makes expenditures equal to or exceeding the amount of the expenditure ceiling shall notify the County Clerk-election division by both telephone and guaranteed overnight mail on the day the expenditure ceiling is exceeded . ( f ) Exclusions . For purposes of this Article, expenditures subject to the expenditure ceiling do not include: ( 1 ) expenditures for campaigns for other offices; ( 2 ) expenditures for campaigns for the office of Supervisor which occurred prior to the effective date of this ordinance; ( 3 ) expenditures for office holder expenses . "Office holder expenses " means those expenditures arising out of the office holder' s official duties which directly assist the office holder in performing his official duties , or which directly relate to a governmental purpose. "Office holder expenses " include but are not limited to, (a ) donations to charitable organizations; (b) the cost of tickets to political events; (c) the cost of postage, office ORD 5 lo, NO 95- 35 supplies, stationary and similar expenses related to the conduct or performance of the office holder's governmental duties; (d) reasonable expenses for travel to conferences, seminars, educational events and similar activities related to the office holder' s position; (e) the cost of books or publications reasonably related to the office holder' s position; (f ) litigation expenses related to the office holder' s actions as a supervisor. The expenses listed in items (a ) through (f ) shall not be considered "office holder expenses" if they are used in connection with any office holder' s campaign for a future term of office as a Supervisor. (Ords . 95-35 § 2; 95-8 . ) SECTION III . EFFECT OF CONTRIBUTION OR LOAN OF MONEY AFTER MAY 25 , 1995 . It is the Board of Supervisors ' intent that if a candidate accepts a contribution after May 25, 1995 for an election occurring after that date from either an individual, contributor or a broad based political committee, and thereafter files the statement adopting the voluntary expenditure ceiling, during the remainder of the election cycle for that election such candidate may accept from the same contributor or committee no more than an amount which when combined with the earlier contribution will not exceed the maximum amount specified in section 530-2 . 703 (b) or 530-2 . 704 (b) respectively. If after May 25, 1995 such candidate loans money to his or her campaign for an election occurring after that date and then adopts the voluntary expenditure ceiling, during the remainder of the election cycle for that election, such candidate may loan his or her campaign no more than an amount which when combined with the earlier loan will not exceed the maximum amount specified in section 530-2 . 706 (b) . 0 0. - 3 SECTION IV. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for and against it in the CONTRA COSTA TIMES , a newspaper published in this County. PASSED ON August 1 1995 by the following vote: AYES: Supervisors Rogers , DeSaulnier and Torlakson NOES : None ABSENT: None ABSTAIN: Supervisors Smith and Bishop ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator By: CAYLE BISHOP 4ty Board air Ann: Cervel l i