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HomeMy WebLinkAboutMINUTES - 09191995 - D6 ITEM # D.6 TO: BOARD OF SUPERVISORS - LO.-3 - —--- - � .: Contra FROM: INTERNAL OPERATIONS COMMITTEE Costa DATE: August 7, 1995 ^�r_ County TqcouK`c' SUBJECT:' REPORT ON PROPOSED AMENDMENTS TO THE CAMPAIGN REFORM SPENDING ORDINANCE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. SELECT one of the two draft Ordinances which are attached (either Ordinance "A" or Ordinance "B"). 2. INTRODUCE the selected Ordinance, WAIVE reading of the Ordinance, and FIX September 19, 1995 for adoption of the Ordinance. BACKGROUND: On July 25, 1995, the Board of Supervisors adopted a report from our Committee on an amendment to the Campaign Reform Spending Ordinance, introduced an Ordinance to implement one amendment and asked our Committee to look at other potential amendments on August 7, 1995. Our Committee met with Deputy County Counsel Mary Ann Mason on August 7, 1995. Ms. Mason reviewed the attached report with our Committee and identified the following issues which need to be addressed: 1. Clarify when the notification of exceeding the $80,000 expenditure ceiling is required. 2. Provide an alternative to the same day reporting on exceeding the expenditure ceiling to take into account evenings, weekends and holidays. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD CO MITTEE APPROVE OT A K DeSAULNIER JIM ROGERS SIGNATURES ACTION OF BOARD ON September 19, 1998 APPROVED AS RECOMMENDED OTHER The Board commented on various sections of the two draft ordinances and presented amendments/ modifications.to various sections for incorporation in the final draft of the Ordinance. At the conclusion of the discussion, the Board REQUESTED County Counsel to prepare a final draft of the Campaign Reform Spending Ordinance incorporating the changes as requested by the Board for consideration on September 26, 1995. VOTE OF SUPERVISORS _ _ _ _ 1 HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: County Administrator ATTESTED September 19, 1998 District Attorney PHIL BATCHELOR,CLERK OF THE BOARD OF County CoUnSel SUPERVISORS AND COUNTY ADMINISTRATOR County Clerk-Recorder M382 (10AB )ssistant Registrar of Voters BY m DEPUTY 1.0---3 3. Determine whether a candidate's adoption of the voluntary expenditure ceilings in exchange for the ability to accept contributions at the higher level is or can be made irrevocable. 4. Determine whether and to what extent contributions received prior to the effective date of the Ordinance(May 25, 1995) should be counted toward the new contribution limits. Following thorough discussion of each of these issues, our Committee has directed the County Counsel's Office to draft an ordinance which does the following in response to each of these points: ❑ Clarify that the expenditure ceiling at which notification is required is the $80,000 ceiling and that the notification is required both when more than $80,000 in contributions are received or when the$80,000 expenditure limit is exceeded. ❑ Provide that where the day on which the expenditure ceiling is exceeded or on which more than $80,000 in contributions is received is not a business day, the notification shall be made on the next business day. ❑ Require that a candidate choose whether to adopt the expenditure ceiling for the primary election and make a separate choice for the general election. ❑ Provide that the agreement to abide by the lower contribution and expenditure limits is irrevocable. However, in the event that a final judicial decision by a court of competent jurisdiction determines that this requirement is unenforceable, also include a section which would allow a candidate who wishes to exceed the expenditure limits to return all individual contributions above the lower limit and thereby be freed from abiding by the expenditure limits. ❑ On the issue of counting contributions received prior to May 25, 1995, our Committee has a split recommendation. Supervisor DeSaulnier believes that the Ordinance would be much easier to enforce and administer if all contributions received prior to May 25, 1995 were not counted toward the individual, broad-based committee, and cumulative contribution limits. In addition, Supervisor DeSaulnier believes that all expenditures made prior to May 25, 1995 should likewise not be counted toward the voluntary expenditure ceiling. Supervisor Rogers believes that contributions from individuals received prior to May 25, 1995 should be counted toward only the individual and broad-based committee contribution limits, unless the recipient agrees to segregate such contributions and use them for other lawful purposes apart from the 1996 campaign. In this case, contributions received prior to May 25, 1995 would not be counted. Expenditures made prior to that date would not be counted toward the voluntary expenditure ceiling in any event. As a result of this difference of opinion, we have asked the County Counsel's Office to prepare two separate ordinances for the Board's consideration. Ordinance "A" includes Supervisor DeSaulnier's position. Ordinance "B" includes Supervisor Rogers position. 2 COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ,CALIFORNIA Date: September 7, 1995 To: Board of Supervisors From: .Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel •�T Re: Draft amendments to campaign spending reform ordinance As directed by the Internal Operations Committee, this office drafted a further series of amendments to the Campaign Spending Reform Ordinance for consideration by the Board of Supervisors on September 12 , 1995 . We have prepared two versions (A and B) of the draft amendments . A copy of each version is attached. Version A, Section IV, contains Supervisor De Saulnier' s proposal for treatment of contributions received prior to May 25,.1995 for .supervisorial elections occurring after that date . Version B, Section IV, contains Supervisor Rogers ' proposal on that issue . The draft ordinances are otherwise the same . Version A The modifications to the Campaign Spending Reform Ordinance which would result from Version A are as follows . 1 . Section 530-2 . 707 "Voluntary Expenditure Limits" subsection (b) "Time for filing statement adopting expenditure ceiling" would be amended to provide that a supervisorial candidate who chose to .adopt ,the expenditure ceiling would have to file a statement adopting the ceiling for the primary election and a separate statement adopting the ceiling for the general election. The candidate would be subject to the ceiling and would be eligible to collect expenditures at the higher level only for the particular election cycle for which the statement was filed. This proposal would afford the candidate the opportunity to adopt the expenditure Board of Supervisors -2- September 7, 1995 ceiling as to either, neither, or both, the primary and general elections . . 2 . Section 530-2 . 707 (e) "Notification by candidate who exceeds ceiling" would be modified to specify that all candidates, other than candidates who adopt the expenditure ceiling and qualify to spend an additional $10, 000, must notify the County Clerk-election division when aggregate contributions exceeding $80 , 000 are received and\or when aggregate expenditures exceeding $80, 000 are made . A candidate who adopted the expenditure ceiling and who qualified to spend an additional $10, 000 must notify the County Clerk-election division when aggregate contributions exceeding $90, 000 are received and\or when aggregate expenditures exceeding $90, 000 are made . The amendment would further provide that if the day on which notice is required is not a business day, notice shall be given on the next business day. 3 . Subsection (g) "Adoption of Expenditure Ceiling Irrevocable" would be added to section 530-2 . 707 . This section would provide that if a candidate adopts the expenditure ceiling for a particular election cycle, i .e . the primary or general election cycle, the candidate cannot revoke adoption of the ceiling as to that cycle . - 4 . ycle . . 4 . The Internal Operations Committee also directed that we include a new alternate section "Revocation of Expenditure Ceiling. " This section would provide that it is operative only if a court of competent jurisdiction makes a final judicial determination that subsection (g) of section 530-2 . 707 is unenforceable . In that event, the alternate subsection would state the procedure for a candidate ' s revocation of the expenditure ceiling. A candidate would have to return all excess contributions to contributors and excess personal loans before he or she could make expenditures which exceed the limit . In addition, the candidate would have to notify the elections division of the revocation and of the return of contributions and personal loans . The decision whether to include such an alternate subsection is a difficult one because such language may tend to invite challenges to the validity of subsection (g) . To direct the focus away from questioning the validity of subsection (g) , the draft ordinance would include the alternate section as uncodified Section III which would not appear in the ordinance code . The section would be referenced in the codified version by a note to refer to the Board of Supervisors -3- September 7, 1995 original ordinance. Alternatively, the Board may choose to adopt a version of the amendments which does not include alternate Section III . If the Board chooses to do that, alternate pages 4 and 5 of Amendment A are included for introduction. 5 . Section IV of Amendment A would add an uncodified section which would provide that candidates would not be subject to civil or criminal sanction for receipt of contributions or making of personal loans prior to May 25, 1995, if such contributions or loans were lawful when received or made, even though such contributions or loans exceeded the limits applicable to supervisorial elections after May 25, 1995 . The section also would provide that campaign expenditures made prior to May 25, 1995 do not count toward the voluntary , expenditure ceiling. Personal loans made before May 25, 1995 would not be chargeable against the limitation on personal loans . Contributions received prior to May 25, 1995 would not be chargeable against the individual, broadbased committee, or cumulative contribution limits . Under this proposal, candidates would start with a clean slate as of May 25, 1995 . Version B Under Amendment B, the modifications to section 530-2 . 707 subsections (b) , (e) , and (g) and the addition of alternate, uncodified Section III would be the same as those in Amendment A. In the event that the Board decides not to include alternate Section III, alternate pages 4 , 5 and 6 of Amendment B are attached for introduction. Amendment B differs from Amendment A as to the content of the uncodified Section IV addressing treatment of pre- May 25, 1995 contributions and expenditures for a post- 1995 campaign. Section IV of Amendment B would specify that contributions received prior to May 25, 1995 do count toward the contribution limits effective on May 25, 1995, unless the candidate makes a special report of contributions received before May 25, 1995, segregates the amount of such contributions and agrees to use it for lawful purposes other than a supervisorial campaign for an election occurring after May 25, 1995, and files a statement to that effect with the elections division. The statement and report must be filed within thirty days of the effective date of the amendments (October 17, 1995, assuming that the Board adopts the amendments on September 17, 1995 . ) In his memorandum of September 5, 1995, Deputy District s Board of Supervisors -4- September .7, 1995 Attorney James Sepulveda noted that this subsection might raise a question whether a candidate was required to refund that portion of a contribution received prior to May 25, 1995 which exceeded the new contribution limits . (Copy of memorandum attached. ), To address this possible issue, we added a sentence to the end of Section IV specifying that nothing in this section requires a candidate to . refund all or a portion of a contribution which was lawfully received prior to May 25, 1995 . Like Version A, Section IV of Amendment' B would provide that campaign expenditures made prior to May 25, 1995 do not count toward the voluntary expenditure ceiling. Personal loans made before May 25, 1995 would not be chargeable against the limitation on personal loans . Contributions received prior to May 25, 1995 would not be chargeable against the cumulative contribution limit (section 530- 2 . 710 . ) MAM\am attachments CC : County Administrator District Attorney Attn: James Sepulveda, Deputy District Attorney County Clerk-Recorder Attn: Barbara Lee, Assistant County Registrar a VERSION A ORDINANCE NO. 95- (Adoption of voluntary campaign expenditure ceiling) 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 Campaign Spending Reform Ordinance to specify that a runoff candidate must file a separate statement accepting the voluntary campaign expenditure ceiling. The Ordinance also amends that section to clarify when candidates must give notice that they have received contributions or made expenditures exceeding the applicable voluntary expenditure ceiling. This ordinance specifies that adoption of the voluntary expenditure ceiling for an election cycle is irrevocable as to that cycle . This ordinance adds an uncodified section clarifying the Board' s intent that expenditures made, personal loans made, and contributions accepted prior to May 25, 1995 shall not count toward the voluntary expenditure ceiling, and the limitations on loans and contributions effective after that date . 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 ORDINANCE NO. 95- 1 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 for a primary, general, or recall election 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. (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, enters the runoff election, and wishes to adopt the expenditure ceiling for the election cycle for the general election, the candidate must file a separate statement . Such statement may be filed at any time after the primary election results are final until thirty days prior to 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 other than a candidate who has accepted the voluntary ORDINANCE NO. 95- 2 expenditure ceiling and has qualified to incur additional campaign expenditures as specified in subsection (d) , who receives aggregate contributions exceeding the amount of the expenditure ceiling specified in subsection (c) shall notify the County Clerk-election division by both telephone and guaranteed overnight mail on the day such contributions exceeding that amount are received. A candidate, other than a candidate who has accepted the voluntary expenditure ceiling and has qualified to incur additional campaign expenditures as specified in subsection (d) , who makes aggregate expenditures exceeding the amount of the expenditure ceiling specified in subsection (c) shall notify the County Clerk-election division by both telephone and guaranteed overnight mail on the day such expenditures exceeding that amount are made . A candidate who has accepted the voluntary expenditure ceiling and has qualified to incur additional campaign expenditures as specified in subsection (d) , who receives aggregate contributions exceeding the amount of the expenditure ceiling specified in subsection (d) shall notify the County Clerk-election division by both telephone and guaranteed overnight mail on the day such contributions exceeding that amount are received. A candidate who has accepted the voluntarX expenditure ceiling and has qualified to incur additional campaign expenditures as specified in subsection (d) , who makes aggregate expenditures exceeding the amount of the expenditure ceiling_specified in subsection (d) shall notify the County Clerk-election division by both telephone and guaranteed overnight mail on the day such expenditures exceeding that amount are made . If the day on which notice is required is not a business day, notice shall be given on the next business day. (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 holders 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) ORDINANCE NO. 95- 3 donations to charitable organizations; (b) the cost of tickets to political events; (c) the cost of postage, office 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. (q) Adoption of expenditure ceiling irrevocable . A candidate who adopts the expenditure ceiling for the election cycle for a particular primary election, may not thereafter revoke his or her adoption of the expenditure ceiling as to that election cycle. A candidate who is not elected to office in the primary election, enters the, runoff election, and adopts the expenditure ceiling for the election cycle as to that general election, may not thereafter revoke his or her adoption of the expenditure ceiling as to that election cycle . (Ords . 95- § 2 ; 95-35; 95-8 . ) SECTION III . REVOCATION OF ADOPTION OF VOLUNTARY EXPENDITURE CEILING. This section shall become operative only in the event that a court of competent jurisdiction makes a final judicial determination that subsection (g) of section 530-2 . 707 is unenforceable. A candidate who has adopted the voluntary expenditure ceiling and who has accepted contributions and\or made personal loans in the amounts applicable to candidates adopting the ceiling, and who then determines to revoke his or her adoption of the ceiling must do the following at least three business days before the candidate may make expenditures in excess of the ceiling: (1) return the balance of any contribution exceeding the contribution limit applicable to candidates not adopting the ceiling to the individual or broadbased committee contributor and return the balance of any loan the candidate has made to his or her campaign which exceeds ORDINANCE NO. 95- 4 the limitation on personal loans applicable to candidates not adopting the ceiling; and (2) file with the County Clerk elections division a statement, signed under penalty of perjury, which states that the candidate has revoked adoption of the voluntary expenditure ceiling and has returned the balance of all contributions and loans exceeding the limits applicable to a candidate who has not adopted the ceiling. The statement shall contain a list of all contributors to whom monies were returned and the amounts thereof . SECTION IV. EFFECT OF CONTRIBUTION RECEIVED OR LOAN OF MONEY OR EXPENDITURE OF MONEY MADE BEFORE MAY 25, 1995 . No supervisorial candidate shall be subject to criminal or civil sanction for receipt of a contribution prior to May 25, 1995 if such contribution was lawful when received, whether or not the amount of such contribution would have exceeded the contribution limits for supervisorial candidates effective May 25, 1995 . No supervisorial candidate shall be subject to criminal or civil sanction for making a personal loan to his or her campaign prior to May 25, 1995 if such loan was lawful when made, whether or not the amount of such loan would have exceeded the limitations on , personal loans effective on May 25, 1995 . Campaign expenditures made by a candidate prior to May 25, 1995 for an election occurring after that date do not count toward the voluntary expenditure ceiling specified in section 530-2 . 707 subsections (c) , (d) . Personal loans made by a candidate prior to May 25, 1995 shall not be chargeable against the limitations on personal loans specified in section 530-2 . 706 . Contributions received prior to May 25, 1995 shall not be chargeable against the limits on contributions specified in sections 530-2 . 703 , 530-2 . 704, and 530-2 . 710 . ORDINANCE NO. 95- 5 SECTION V. 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 a newspaper published in this County. PASSED ON by, the following vote : AYES : NOES : ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator By: Deputy Board Chair [SEAL] ORDINANCE NO. 95- 6 Y VERSION A Pages 4 , 5 donations to charitable organizations; . (b) the cost of tickets to political events; (c) the cost of postage, office 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. (g) Adoption of expenditure ceiling irrevocable . A candidate who adopts the expenditure ceiling for the election cycle for a particular primary election, may not thereafter revoke his or her adoption of the expenditure ceiling as to that election cycle . A candidate who is not elected to office in the primary election, enters the runoff election, and adopts the expenditure ceiling for the election cycle as to that general election, may not thereafter revoke his or her adoption of the expenditure ceiling as to. that election cycle . (Ords . 95- 2 ; 95-35; 95-8 . ) SECTION III . EFFECT OF CONTRIBUTION RECEIVED OR LOAN OF MONEY OR EXPENDITURE OF MONEY MADE BEFORE MAY 25 , 1995 . No supervisorial candidate shall be subject to criminal or civil sanction for receipt of a contribution prior to May 25, 1995 if such contribution was lawful when received, whether or not the amount of such contribution would have exceeded the contribution limits for supervisorial candidates effective May 25, 1995 . No supervisorial candidate shall be subject to criminal or civil sanction for making a personal loan to his or her campaign prior to May 25, 1995 if such loan was lawful when made, whether or not the amount of such loan would have exceeded the limitations on personal loans effective on May 25, 1995 . Campaign expenditures ORDINANCE NO. 95- 4 made by a candidate prior to May 25, 1995 for an election occurring after that date do not count toward the voluntary expenditure ceiling specified in section 530.,-2 . 707 subsections (c) , (d) . Personal loans made by a candidate prior to May 25, 1995 shall not be chargeable against the limitations on personal loans specified in section 530-2 . 706 . Contributions received prior to May 25, 1995 shall not be chargeable against the limits on contributions specified in sections 530-2 . 703 , 530-2 . 704 , and 530-2 . 710 . SECTION IV. EFFECTIVE DATE. Thus 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 a newspaper published in this County. PASSED ON by the following vote : AYES : NOES : ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator By: Deputy Board Chair [SEAL] ORDINANC� NO. 95- 1' VERSION B ORDINANCE NO. 95- (Adoption of voluntary campaign expenditure ceiling) 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 Campaign Spending Reform Ordinance to specify that a runoff candidate must file a separate statement accepting the voluntary campaign expenditure ceiling. The Ordinance also amends that section to clarify when candidates must give notice that they have received contributions or made expenditures exceeding the applicable voluntary expenditure ceiling. This ordinance specifies that adoption of the voluntary expenditure ceiling for an election cycle is irrevocable as to that cycle. This ordinance adds an uncodified section clarifying the Board' s intent that expenditures made and contributions received prior to May 25, 1995 do not count toward the voluntary expenditure ceiling and the cumulative contribution limits of section 530- 2 . 710 . This ordinance provides that .contributions received prior to May 25, 1995 count toward the contribution limits of sections 530-2 . 703 and 530-2 . 704 , unless the candidate agrees to segregate such contributions and use them for lawful purposes apart from a campaign for a supervisorial election occurring after May 25, 1995 . 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 ORDINANCE NO. 95- 1 r 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 for a primary, general, or recall election 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. (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, enters the runoff election, and wishes to adopt the expenditure ceiling for the election cycle for the general election, the candidate must file a separate statement . Such statement may be filed at any time after the primary election results are final until thirty days prior to 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 ORDINANCE NO. 95- 2 permitted in subsection (c) . (e) Notification by candidate who exceeds ceiling. A candidate, other than a candidate who has accepted the voluntary expenditure ceiling and has qualified to incur additional campaign expenditures as specified in subsection (d) , who receives aggregate contributions exceeding the amount of the expenditure ceiling specified in subsection (c) shall notify the County Clerk-election division by both telephone and guaranteed overnight mail on the day such contributions exceeding that amount are received. A candidate, other than a candidate who has accepted the voluntary expenditure ceiling and has qualified to incur additional campaign expenditures as specified in subsection (d) , who makes aggregate expenditures exceeding the amount of the expenditure ceiling specified in subsection (c) shall notify the County Clerk-election division by both telephone and guaranteed overnight mail on the day such expenditures exceeding that amount are made . A candidate who has accepted the voluntary expenditure ceiling and has qualified to incur additional campaign expenditures as specified in subsection (d) , who receives aggregate contributions exceeding the amount of the expenditure ceiling specified in subsection (d) shall notify the County Clerk-election division by both telephone and guaranteed overnight mail on the day such contributions exceeding that amount are received. A candidate who has accepted the voluntary expenditure ceiling and has qualified to incur additional campaign expenditures as specified in subsection (d) , who makes aggregate expenditures exceeding the amount of the expenditure ceiling specified in subsection (d) shall notify the County Clerk-election division by both telephone and guaranteed overnight mail on the day such expenditures exceeding that amount are made . If� the day on which notice is required is not a business day, notice shall be given on the next business day. (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 ORDINANCE NO. 95- 3 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 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. (g) Adoption of expenditure ceiling irrevocable . A candidate who adopts the expenditure ceiling for the election cycle for a particular primary election, may not thereafter revoke his or her adoption of the expenditure ceiling as to that election cycle . A candidate who is not elected to office in the primary election, enters the runoff election, and adopts the expenditure ceiling for the election cycle as to that general election, may not thereafter revoke his or her adoption of the expenditure ceiling as to that election cycle . (Ords . 95- 2 ; 95-35; 95-8 . ) SECTION III . REVOCATION OF ADOPTION OF VOLUNTARY EXPENDITURE CEILING. This section shall become operative only in the event that a court of competent jurisdiction makes a final judicial determination that subsection (g) of section 530-2 . 707 is .unenforceable . A candidate who has adopted the voluntary expenditure ceiling and who has accepted contributions and\or made personal loans in the amounts applicable to candidates adopting the ceiling, and who then determines to revoke his or her adoption of the ceiling must do the following at least three business days before the candidate may make expenditures in excess of the ceiling: (1) return the balance of any ORDINANCE NO. 95- 4 contribution exceeding the contribution limit applicable to candidates not adopting the ceiling to the individual or broadbased committee contributor and return the balance of any loan the candidate has made to his or her campaign which exceeds the limitation on personal loans applicable to candidates not adopting the ceiling; and (2) file with the County Clerk- elections division. a statement, signed under penalty .of perjury, which states that the candidate has revoked adoption of the voluntary expenditure ceiling and has returned the balance of all contributions and loans exceeding the limits applicable to a candidate who has not adopted the, ceiling. The statement shall contain a list of all contributors to whom monies were returned and the amounts thereof . SECTION IV. EFFECT OF CONTRIBUTION RECEIVED OR LOAN OF MONEY OR EXPENDITURE OF MONEY MADE BEFORE MAY 25 , 1995 . No supervisorial candidate shall be subject to criminal or civil sanction for receipt of a contribution prior to May 25, 1995 if such contribution was lawful when received, whether or not the amount of such contribution would have exceeded the contribution limits for supervisorial campaigns effective May 25, 1995 . No candidate shall be subject to criminal or civil sanction for making a personal loan to his or her campaign prior to May 25, 1995 if such loan was lawful when made, whether or not the amount of such loan would have exceeded the limitations on personal loans effective on May 25, 1995 . Campaign expenditures made by a candidate prior to May 25, 1995 for an election occurring after that date do not count toward the voluntary expenditure ceiling specified in section 530-2 . 707 subsections (c) , (d) . Contributions received prior to May 25, 1995 shall not count for purposes of the cumulative contribution limit specified in section 530-2 . 710 . Personal loans made by a candidate prior to May 25, 1995 shall not count for purposes of the limitations on personal loans specified in section 530-2 . 706 . Contributions received prior to May 25, 1995 for an election occurring after that date shall count toward the contribution limits specified in sections 530-2 . 703 and 530-2 . 704 , unless the candidate does the following: (1) the candidate must file a special report which shows (a) the amount of each contribution received and the total amount of all contributions received prior to May 25, 1995 for an. election occurring after that date and (b) the amount of each ORDINANCE NO. 95- 5 contribution received and the total amount of all contributions received after May 25, 1995 for an election occurring after that date; (2) the candidate must segregate the total amount of contributions received prior to May 25, 1995 and agree not to use such amount for campaign expenses for a supervisorial election occurring after May 25, 1995; (3) the candidate must sign a statement which states that he or she has segregated the total amount of contributions received prior to May 25, 1995 and agrees not to use such amount for campaign expenses for a supervisorial election occurring after that date; (4) the candidate must file the special report and the statement with the County Clerk- election division within thirty days of the effective date of this ordinance . The candidate may use the segregated. contributions for any lawful purpose other than for campaign expenses for a campaign for the office of county supervisor for -an election occurring after May 25, 1995 . Nothing in this section shall require a candidate to refund all or a portion of a contribution received prior to May 25, 1995 if such contribution was lawful when received. SECTION V. 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 ,a newspaper published in this County. PASSED ON by the following vote : AYES : NOES : ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator By. Deputy Board Chair [SEAL] ORDINANCE NO. 95- 6 ti VERSION B p 4 , 5, 6 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 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. (g) Adoption of expenditure ceiling irrevocable . A candidate who adopts the expenditure ceiling for the election cycle for a particular primary election, may not thereafter revoke his or her adoption of the expenditure ceiling as to that election cycle. A candidate who is not elected to office in the primary election, enters the runoff election, and adopts the expenditure ceiling for the election cycle as to that general election, may not thereafter revoke his or her adoption of the expenditure ceiling as to that election cycle . (Ords . 95- 2 ; 95-35; 95-8 . ) ' ORDINANCE NO. 95- 4 SECTION III . EFFECT OF CONTRIBUTION RECEIVED OR LOAN OF MONEY OR EXPENDITURE OF MONEY MADE BEFORE MAY 25, 1995 . No supervisorial candidate shall be subject to criminal or civil sanction for receipt of a contribution prior to May 25, 1995 if such contribution was lawful when received, whether or not the amount of such contribution would have exceeded the contribution limits for supervisorial campaigns effective May 25, 1995 . No candidate shall be subject to criminal or civil sanction for making a personal loan to his or her campaign prior to May 25, 1995 if such loan was lawful when made, whether or not the amount of such loan would have exceeded the limitations on personal loans effective on May 25, 1995 . Campaign expenditures made by a candidate prior to May 25, 1995 for an election occurring after that date do not count toward the voluntary expenditure ceiling specified in section 530-2 . 707 subsections (c) , (d) . Contributions received prior to May 25, 1995 shall not count for purposes of the cumulative contribution limit specified in section 530-2 . 710 . Personal loans made by a candidate prior to May 25, 1995 shall not count for purposes of the limitations on ' personal loans specified in section 530-2 . 706 . Contributions received prior to May 25, 1995 for an election occurring after that date shall count toward the contribution limits specified in sections 530-2 . 703 and 530-2 . 704, unless the candidate does the following: (1) the candidate must file a special report which shows (a) the amount of each contribution received and the total amount of all contributions received prior to May 25, 1995 for an election occurring after that date and (b) the amount of each contribution received and the total amount of all contributions received after May 25, 1995 for an election occurring after that date; • (2) the candidate must segregate the total amount of contributions received prior to May 25, 1995 and agree not to use such amount for campaign expenses for a supervisorial election occurring after May 25, 1995; (3) the candidate must sign a statement which states that he or she has segregated the total amount of contributions received prior to May 25, 1995 and agrees not to use such amount for campaign expenses for a supervisorial election occurring after that date; (4) the candidate must file the special report and the statement with the County Clerk- election division within thirty days of the effective date of l this ordinance . The candidate may use the segregated contributions for any lawful purpose other than for campaign ORDINANCE NO. 95- 5 expenses for a campaign for the office of county supervisor for an election occurring after May 25, 1995 . Nothing in this section shall require a candidate to refund all or a portion of a contribution received prior to May 25, 1995 if such contribution was lawful when received. 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 a newspaper published in this ,County. PASSED ON by the following vote : AYES : NOES : ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator By: Deputy Board Chair [SEAL] ORDINANCE NO. 95- 6 I GARY T. YANCEY --- District Attorney CCUMIiY%CGitifL OFFICE OF THE DISTRICT ATTORNEY COUNTY OF CONTRA COSTA TO: Mary Ann McNett Mason Deputy County Counsel FROM: James L. Sepulveda /�nM Deputy District Attorne DATE: September 5, 1995 SUBJECT: County Campaign Spending Reform Ordinance Based upon my review of the latest version of the County Campaign Spending Reform Ordinance, dated August 30, 1995, I have the following comments : 1. As to section 530-2 .707 (8) and (h) , I have already expressed my concern about the constitutionality of (g) . However, if the Board decides that it- wants to go forward and adopt (g) , I would-strongly suggest that subsection (h) be deleted. Inclusion of subsection (h) only raises a red flag to candidates that subsection (g) may not be enforceable. Further, if subsection (g) had to be litigated, inclusion of subsection (h) could be interpreted by the court as an admission of or at least a deep concern about the illegality of subsection (g) . The bottom line is that legally speaking I would much prefer to see subsection (h) adopted (minus the first sentence, of course) and delete subsection (g) . In my view, the ordinance could not be successfully attacked under this scenario. However, if the Board wants to test the legal waters and adopt (g) , then let 's be firm about it and not equivocate and also adopt (h) . 2 . As to Section III, I much prefer Version A to Version B. Of the two choices, Version A is much clearer and easier to enforce. Version A is also not subject to legal challenge whereas I have some question about the legality of retroactively changing the rules of the game. Under Version B, money that was legally raised by a_ candidate to spend on reelection now could not be spent on - s reelection? What if a pre May 25, 1995 contribution was in the amount of $200? Is the candidate now required to refund $100 even though the contribution was within the legal limits when made? If such candidate refused to make such a refund, I believe ex post facto prohibitions would prevent prosecution for exceeding the new campaign limits. It is my view that trying to retroactively apply a new law to past events only leads to trouble. It is best to start fresh and have the new ordinance apply prospectively only.