HomeMy WebLinkAboutMINUTES - 08171999 - D6 TO: BOARD OFSUPERVISORS
Co, itra
FROM INTERNAL OPERATIONS COMMITTEE ,ry
Costa
August 9g 1999 Ya d
County
DATE:
SUSJEC; PROPOSED AMENDMENTS TO THE ELECTION CAMPAIGN ORDINANCE
SPECIM RE, VEST$'OR#?ECOMMENCATiON(S)&BACKGROUND AND JUSTEFlCATiON
RECOMMENDAMONS;
K INTRODUCE, VVAIVE readings and FIX September 14, 1999 for adoption of
one version or the other sof the attached ordinance amending the Election
Campaign Ordinance. The proposed ordinance contains the following
I. Time Period for an Election
Amend the Ordinance to use the term "electioncycle" rather than
Oelectio ,ss o that the timeframe for acceptance of contributions will be
clear and amend the definition of selection cycle" to begin on the first
day of the month following the statewide primary(April I in the event of
a March election)or January 1, whichever comas first after an election,
rather than July I or January 1.
. Time for Film i Statement AccA tl sdf�l Limit
Amend the Ordinance to make the time for filing the candidate's
statement accepting the voluntary expenditure limit begin from the first
date of the election cycle to the deadline for filing the declaration of
candidacy.
CONTINUED ON AT3ACHYFENT: -YES SiGNArUSE:
REC:MM.E NDATION OF COUNTY laDMMSTA ATOP RECC.°MMENDATION OF BOARD COMMITTEE
APPROVE
11_c_-±�2ATI'MA ..,VZLEB---QILKEMA
A T ION OF jjD Ou �AUQU'St 17 '€2 ' -- AP�'RSaVE�aP R COMMIEND-D OTHER ,M
SEE ARE ATTACHED ADDENDUM FOR BOARD ACTION.
VOTE OF SUPERV SORS
I HEREBY CERTIFY"HAT THIS M A TRUE
® 5?�AY li S;AiSSEI#4 m n a s
AND CORRECT COPY OF AN ACTION TAKEN
AYES: T T LACES:___:U V - - AND ENTERED ON THE.MINUTES OF THE BOARD
ABSENT:_.m.... ASSTAflN: OF SUPERV#SCRS ON THE DATE SHOWN,
AT'TESTE0 -z_1,,S t , I .
Contact: PHIL BATCHELOR,CLERK OF THE BOARC CF
cc: SUPERVISORS*0'COUNITY AD?✓;N;STR 70R
See Page 3
BY DEPUTY
a, � x
IOC-03
. amount of thexrd€ �
The internal Operations Committee was unable to agree on this issue
and is, therefore, filing a split report.
SuDervisor Gioia endorses the follo loiter. Supervisor Lilkema
® it i i®r it r # rdir c `
Amend the Ordinance to provide that the $80,000 ceiling is adjusted
effective January 1, 2000 and annually thereafter during the month of
January by the County Clerk to reflect changes in the Consumer Price
index (CPI) for the San Francisco/Oakland Consumer Price Index for
Urban Wage Earners and Clerical Workers for the prier year.
The attached ordinance labeled "Version I" does not include the CPI
increase in the voluntary expenditure limit and is recommended by
Supervisor Uilke a. The attached ordinance labeled"Version "does
include the CPI increase in the voluntary expenditure limits and i
recommended by Supervisor Gioia.
4, RRgequire g Special e��rt that the Candidate i li�ible for the Increase
in tleerdit€ reIilr�g� ed eel tiltribtln
from Individuals Salt in the District
Amend the Ordinance to require that candidates flie a special report on
small contributors with the County Clerk.
5. Increase in the xrditre deli€ aed leeif rll
Contributions from Individuals within the District
Amend the Ordinance to increase from $10,000 to$204000 the amount
the expenditure ceiling is increased where at least 20% (presently
16,000) of the voluntary contribution limit is received in amounts of
$100 or less from individuals who reside in the district,
. Exclusion for Re y ent of Debt
Amend the Ordinance to modify the existing exclusion from the
voluntary expenditure limit for expenditures made to repay a debt for
prig campaigns.
BACKGROUND:
Our Committee met twice on this subject,first on February 8, 1999 to outline a series
of areas in which we wanted some additional research and comments from the
County Counsel's Office and thea on March 22, 1 ggg to review each of these areas,
receive comments from interested parties and provide instructions to the County
Counsel's Office for the preparation of an ordinance. In the process our Committee
determined that we needed to get some written advice from the Fair Political
Practices Commission staff regarding to use of a separate bark account for
-2-
officeholder expenses. We also raised some issues with the District trict Attorney°
Office, The Board's letters and the responses to those letters are attached, as is the
memo from the County Counsel's Office dated August 4s 1999 regarding the issue
of election cycles.
What you have before you today is a proposed Ordinance which addresses each of
the points outlined above. We are recommending that the Ordinance be introduced
today because we believe that there is general agreement on most of tress issues,
with the exception of the CPI issue in recommendation .
Despite the changes being recommended today, we continue to believe that the
ordinance can be rewritten to make it much clearer, easier to understand, comply
with and enforce, it is difficult to undertake a major rewriting of the ordinance in time
for the elections in 2099 because of the uncertainty of the litigation surrounding
ending
Proposition 298, the possibility of an initiative being € ualified for the ballot in 2000,
and the uncertain status of actions that may be taken at the Federal level regarding
the establishment of any contribution limits. We believe that as some of these
issues are clarified and resolved; a future Internal Operations Committee may wart
to undertake such a major review and rewriting in time for the 2092 elections..
cc.- County Administrator
District Attorney
County Clerk-Recorder
Assistant registrar of Voters
County Counsel
mem
ADDENDUM TO ITEM D.
August 17, 1999 Agenda
On this date, the Board of Supervisors considered the proposed a: .endments to the
Election Campaign Ordinance(See tine attached Board Order).
On behalf of she Internal Operations Corn-mittee, Supervisor Uilkema presented the
suggested changes to the Campaign Ordinance. She noted that the time period for an
election was not previously defined, and the Committee attempted to do so by the
definition provided herein.
With regard to proposed Ordinance version 2A, she Committee agreed with No. l of the
proposed Recomm. endations.
Supervisor Uilkema rested that there was disagreement regarding recommendation No. 3,
and on Recommendation No. 4, it was suggested the words "...and verification"be
deleted. R.ecornmendation Nos. 5 and 6 were agreed on by sh.e Co rnittee.
Supervisor UiPKema infornred the Board here were further proposed modifications
suggested by Mary Arm McN,ett Mason, Deputy County Counsel in her August 4, 1999,
memos(as attached).
Supervisor Gioia noted an area of disagreemens was the voluntary expenditure ceiling,
which is currently$80,0K He suggested an automatic CPI escalator clause, as in
Ordinance version 2A.
The Board discussed the matter.
Supervisor Gioia proposed Ordinance version 2A, and suggested striking the words in
Section i "..,becomes operative on April d, 2000."
Ms. Mason advised the Board on some of the proposed Ordinance issues including the
effect of an April 1st nate, how sire new election cycle terrrainology would work, and the
voluntax,T expenditure limits.
Supervisor Gioia queried Ms. Mason if the any of the limits were changed by the advised
alterations. She stated they were not.
The Board continued their discussion of the issues.
Supervisor Canciamifa inquired if there was a motion. Supervisor Uilkenia moved that
Ordinance version 1A be adopted, effective immediately.
Supervisor Gioia then offered a substitute motion to adopt Ordinance version 2.A—
effective in 30 days. Supervisor DeSaulnier seconded the motion.
Supervisor Canciarnilla noted for the record that be intended to vote no on any motion.
He contended the Ordinance was"out of band", and needed to be repealed.
S€rpervisor Gerber advised that she was not willing today to refer the Ordinance to
another fUture Internal Operations orrmittee. Both Supervisors Uilkenia and Gioia.
commented that was not i the recommended motions.
Supervisor Canciamilla advised there was a motion and second on she floor, for
Ordinance version 2A, effective in 30 days, and it is rot-being referred to any committee.
The vote was called. Supervisors Uilkema and Canciarrrilla voted no,
1
` Inle-tatioual Representative
of journeymen and Apprentices of the 3011 San Miguel Court
PIUMbii:g and PiPC FictilIg IMdustry of Concord,CA 945:8
? � the United Srates and Canada P-c — (925) 825-3590
Fax: (925) 825-3591
f oundeel 1889
General Office File Reference:
mab.
APR 2
19
'120'
Gayle Uilkerna
651. Pine St., R,-n. i 08A
Martinez, CA 94553
Dear Gayle:
am writing on behalf of the Pipe Trades to urge you to appose the resolution co=;ng before
the Board of Supervisors which would reduce the amount of contribution that a candidate would be
allowed to receive from PAC Funds.
This is the exact same type of attach on organized labor that was behind proposition 226
which the Board of Supervisors unanimously apposed. It has been said that Prop. 226 awoke a
sleeping giant ir_ the State of Cahfornia. That giant is still awake, and Contra Costa County would
not be an acceptable place for this type of action to slip through the cracks.
We would hope that Conte Costa County's Board of Supervisors vAll be consistent on their
stands with this issue and appose such a resolution in this County as they did Prop. 226 in the Mate.
n,ank you for your consideration of this request.
Very truly yours,
10A�T
YJaes . Kello88
International Representative
Urited Association
CC: Contra Costa County Building 'grades
Central Labor Council
Marrin J.Maddaiorii Thomas Pi. Patch-,H C.Randai ardner
General President G—ral Secretary-Treasurer Assistam General I'mident
w• '
\OPAL ASSOC/,g�d
� � t
11 ro 11%
DIS
TT COUNCIL OF IRON WORKERS of the State of California and Vicinity
825 ALFRED NOBEL NNE Q SUITE C HERCULES,CA;FORivPA 94547 TELEPHONE(510)724.9277 FAX(510)724-1345
April 20, 1999 "
RECEIVED
Ms . Gayle Uilkema
5.51 Pine St . , Roos; I08A APR 2 2 1999
Martinez, CA 94553
?ear Ms . i trema
it has been brought to my attention that a resolution to reduce
PAC contributions on the Boars. of Supervisors race will be voted
on at the May 4, 1999 meeting. Inasmuch as this mould only
limit groups with ?AC and greatly give big businesses and
developers an advantage tipping the scale the wrong way and
would put working men and women who belong to PAC at a
disadvantage .
On behalf of the District Council of iron Workers, I urge you
not to support this resolution
With best wishes, I remain
Very truly yours,
President
ope 3 afl cio
cc john Dalrymple, Contra Costa. Central Labor Council
Greg reere, Contra Costes Bldg, & Const , Trades
james Pruett, iron Workers Local €nion 378
RL
il i
APR
FIR �00k ""� L
Annericarn Postai Workers Union sAFL--'00 �.
East Slay Area Local e 2 06 K NWn MQ SjW A,VVa'snA Onset,CA 94596 = (925)937-8903
Representing: Apr. 15 , 1999
Xameda
Nano
: : r, Subj ect< Limitations on PAC Contributions
Ar53cch
8,8r,l a
wxeriey Gayle Uilkema
j2P:K^vc{f 651 Pine St. , Rm. 108A
inn. Martinez , CA 94553
a<iSwga
My.
c.Yon Dear Ms . i lkema o
{i=d
C.='Kett
Oanv9 s On behalf of the more than 1500 members of this Local, I wish to ex-
press our strong opposition to a resolution being considered by the
Board sof Supervisors to limit PAC contributions . This resolution
rsgo^t
would have the effect of giving an unfair advantage to business and
N"adREG Developers , who already contribute substantially more than labor to
Laars$e
#...a?aye:4s Board of Supervisor races , The resolution appears to be intended to
Livemwe silence working families , whose only real opportunity to contribute
� t � to such mases is through their: labor PAG' s a It would also push ol-
Npa itical money into independent expenditures which are the least regu-
Oakey lated, least disciplined form of campaigning.
urge you to make no changes to the current regulations governing
Pittsburg PAC expenditures , 'and Icck forward to being advised of your position
pleasanlon
PWO VagIy in this 4fat ter .
R=mwd
8!0 Vista
Rodeo Sincerely
San Lbar4ra
San Lomnzo
San Ramo^
Suisun.Oty
s Stephen Lysaght
Us=city President
Wvn < e c Labor Council
JEFFREY tl
INTERNATIONAL
REPRESENTATIVES } .« S' L EMPLOYEES
s i TERI NIA"€OVAL UNION
i� AMERICAN FEDERATION OF LABOR AND CONGRESS CTP INDUSTRIAL ORGANIZATIONS AND
CANADIAN LABOR CONGRESS
J MICHAELG00OWN,President - GILLES BEAUREGARD,Secretary-Treasurer
April 20, 1999
Gayle Uil ew.a, Supervisor
Board of Supervisors
Contra Costa County
65�l Pine Street, Rocco 108A
Martinez,California 94553
Dear Supervisor Uiilserna:
This purpose €fthis letter is to voice my objection:to the introduced resolution, which
wiH limit labors' contributions to future Board of Supervisor races. Currently labor
contributes substantially less than business on Board of Supervisor races.
This is a direct attack on=wording families' ability to have a political voice, This proposal
will push political.money into independent expenditures, Which is the least regulated,
Beast disciplined form ofcampaigning. Further,this proposal will greatly increase the
power of the developers and big business.
Don't give up the cotmty to the big developers. please do the right thing and kept the
contributions to Board of Supervisor races fair. Make no charges to the current
regulations gone ing PAC expenditures.
RECEIVED
APR 2 11999
!"nieftational
Ruich
.epresentative, 0PE1U SUPERVISOR U1 WA
Delegate,CCC-CLC
PLUMBERS &-- STEAMFITTERS
LOCAL UNION 342
935 Detroit Avenue Concord, CA 94518-2501 Phone 925/686-5880 rax 925/(x85-'37 f;
Business Manager Business Representative Business Representative Business Representative Rej(rigercaticra Represenwive
LARRY 35 TIEVINS MHU HERNANDFZ S'n-P EN M-11CICH WAYNE PERRYtv`.AN ;ANTES WI1-j,L4, IS
April16, 1999
Ms. Gayle Uilkerna
Contra Costa Supervisor
651 Pine St., Room 108A N
Martinez, CA 94553 c `_
Dear Supervisor Uilkerna:
More regulations on PSC expenditures will only bens ft the Developers and B'
Business in this county. Please do not silence the community by taking away the
voice of the working families and residents.
On May 4, 1999 please vote to make no changes to the current regulations
governi,-ng PSC expenditures.
Thank you for your consideration in this matter.
incer��
J WILLIAMS
Business Representative
Plumbers & Stearnfitters
United Association Local #342
J
W:
i 4
PLUMBERS STEAIMFITTERS
�.- LOCAL UNION 342
935 Detroit A-venue Concord, CA 94515-2501 I-Phone 925/686-585€7 Fax 925/655-3710
t
Business Manager Business Representative Business Representative Business Representative R4y'rigeratirn Representative
LA2RY BLEv:NS MAKE HERNANDEZ S I' PHEN?eit l ICH '!N1/AYNE, PERRYMAN JAMES WILLIAMS
Apr=€ 15, 1999
Ms, Gayle Uilkema
Contra Costa Super icor
651 Pine St,, Room 108
Martinez, CA 94553 APR �
RE: PAC EXPENDITURES `1SUPERVISOR UIL�E2AJ
Dear SUDervisor Uilkerna;
As Supervisor for the residents and workers of Contra Costa County please
consider r. ecting any action attacking the working families ability to have a
political voice in our community. Developers and big business already have the
advan ta.ge in this county. Pleasedon't silence the working families in our
community.
I urge you to slake no changes to the current regulations governing PAC
expenditures. Thank you for your consideration in this matter,
Sincerely,
MIKE HERNA DEZ
Business Representative
Plumbers & Steamfitters
Union Local #342
7-f:dvw
.. $Y PLUMBERS STEA-MFITTERS
LOCA, UNION 342
r4
A . , 435 Detroi,Avenue Concord, "A 4451£3-25031 Phone 9251686-5883 tax 425/685-3710
Business Afarager Business Representative Business Represenwive Business Representative Refragercation Representative
LARRY 1iLEVINS MIKE€-IE,RNANBEZ STEPHEN MIKICH WAYNE PER.RYM.AN JAMES WILLIAMS
S
Appr€l 15, 1999
Ms. Gayle Uilkema. RECEIVED
Contra Costa Supervisor
651. pine St., Room 108A APR 19 1999
Martinez, CA 94553
SUPERVISO UIM
Dear Supervisor Ui`kerna:
As acting Supervisor for the residents and workers of Contra Costa County please
consider re e frog any action] on a reso ution offering to attack working families
and their ability to have a political voice in our community. 'e all have a.right to
have an avenue to be heard and by all :gleans we still. have a disadvantage to big
business and to the power of developers in Contra Costa. County.
1 urge you to make no changes to the curre-nt regulations governing PAC
erpenditar-s. Thank you. for vour consideration and support on this issue.
Sincerely,
STEVE M1KIC
Asst. Business Manager
Plumbers & Steam tiers
Union Local #342
SM:dvw
PLUMBERS &- STEAMFITTERS
QS
€-� - LOCAL UNION 34.E
935 Detroit Avenue Concord, CA 94518-2501 Phone 925/686-588(3 Fax 925/685-3710
Business lVanager Business Representative Business Representative Business Representrative Rie iegeration Represenuvive
LAIRRY B 1,F V I N S MIK—r HER�iANDEI S11PHEN M'KICH WAYNE i ERRYi4IAN TAMES WILLIAMS
April 16, 11999 ti
SPR 19 1999
:mss. Gayle U.lkea
;SUPERVISOR UM
Supervisor
Contra Costa County
651 Fine St., Room 108A
Martinez, CA 94553
Dear SuDeryisor Uilkema:
Proposing to regulate the PAC expenditures even further will posh political
money into independent expendit-ares which is the least regulated and least
disciplined fore of campaigning. As a Supervisor please do not charge PAC
regulations for a means of personal political agenda.
Contra Costa County is already greatly powered by big business and developers.
Please do met silence the comma-nity by taking away the voice Qf the worki-.
e and rents
Sincerely,
DAVE MANS
Business Representative
Plum, beLs & Stemfitters
United .Association Local #342
DM:dw
PLUMBERS STEAMFITTERS
4 1A LOCAL UNION 342
935 Detroit Avenue Concord, CA 945 18-2501 Phone 925/686-5880 Fax 925/685-3710
Business Manager Business Representative Business Representative Business Representative Rie(rigeratzan Representative
LARRY BLEVINS ? HUE I-IEFUNANL:EZ STEPHEN MIKIC H WAYNE PERRYMAN JAMIES WILLLkMS
RECEIVM
April 16, 1999 APR 9 1999
gds. Gayle Uilkema SUPERVISOR ULKEMN
Contra Costa Supervisor
661 Pine St., Room I08
Martinez: CA 94553
Dear SUperViSor Uilkem :
1e se don't silence the working families in our community by attacking the
QAC expenditures. Pushing political money into independent expenditures
is the least disciplined fora of campaigning and benefits big bugess
directly. PAC expenditures are already regulated and need no adjustment
as a means of personal political agenda.
Please remember you are representing the community and the working
families residing here. 11 urge you to make no changes to the current
regulations governing 1Axp ndit r Thank you for your
consideration in this ratter,
ince. ly,
WAY PERRYM N
Business Representative
United Association Loom #342
` P:dw
` (.E)EJ:`@TY/1E3NYlNlS"1'I2A T1OV BLDG.
551 1'1R'E S'£d2EE'3',RC)(35; :USk
CONTRA COSTP CC 41PaT f S�AR�1 OF SUPERVISORS MAR'TtREZ,C!94553-1293
_ SUPERV SCRIAL DiSTRiCT 2
(925)335-I046—FAX(925)335.3016
MEMO
' E4 May 3$ 1 999
T .- Claude VanMarter, CAO
FROM-. Gayle B. U11kema, Q Lauri Byem
SUBJECT: matter from Stexe i ikich
If the attached letter has not been submitted to the 10 Agenda before; Supervisor
Uilkerna would like it submittedfor the next meeting.
Thank you.
BU/isb
CONTRA O A GOUNly
RECEIVO
MAY ... ?�
""FIC Of
PLUMBERS &- STEAMFITTERS
LOCAL UNION 342
335 i5erroi1, Ave noe Concord, CA 94518-2501 Phonc 925/686-5880 1�;)x 925/`85-'171
,usiness Atcanrager Business Representative Business Representative Business Represerfative lZcfrigerct ion Representaaeive
,ARRY Bi,Ev:NS tMHU"HERNANDEZ S"€C P€lEN i TKICH WAYNE PERRYM,AN JAMES WJL U€,MS
a4priI 15, 1999
Ms. Gayle UilkernaRECEIVED
Contra Costa Supervi
Yancey
Office Of District AttorneyContra G :y°r,
DistrdcV Af4onneyo;n�y
Court House,Fourth F"oor costa
Ro.BOX T11.1
Martinez,Csiffores{a 94553-0150 County
(925)646-4550
'SNA`C'"21F
July 19, 1999
Supervisor Gayle B. Uilkema
Supervisor John Gioia
County Administration Building
651 Pine Street, Room 106
Martinez, CA 94553
:lea Questions About Enforcement of County Election Campaign Ordinance
Dear Supervisors Uilkema and i.Fioia..
I have received and reviewed your setter of June 21, 1999 wherein certain questions were posed
concerning the applicability of theCounty's election campaign ordinance to differing sets of
facts. Prior to rendering an opinion,a couple of caveats should be set forth,
1. As we are not legal counsel to the board or its members, any request for specific legal
advice or guidance regardi-ng compliance with the laws should be directed to the County
Counsel's Office. Any opinions expressed herein are for general guidance only and may not be
applicable depending on ihee specific facts of the situation.
2. 717he opinions expressed herein are based upon interpretations of the county ordinance
only. In other words, I have not factored in the effect state lav may have on any of the issues.
Because of the confusion surrounding the applicability or potential applicability of Proposition
208, questions regarding state law should lac directed to the FPP .
3. Lastly, the opinions expressed herein are based on the scenarios as set forth in the June
21, 1999 letter, Obviously, differing factual situations, changes in the lav at the state or local
level, and/or future court opinions could result in different conclusions being reached.
Question 1: May an incumbent raise funds for an officeholder account without regard to the
county's campaign contribution limits?
Qp nion. Assuming that all other provisions of the ordinance have been complied with, it is my
opinion that the answer should be``yes."
Question 2e If an incumbent raises funds for an officeholder account without regard to the county
campaign contribution limits, can said funds later be transferred to a campaign account's
Opinion, No. To do so would be to defeat the purpose of the ordinance and would give
ince ,bents an unfair advantage.
Question. 3: If an incumbent raises campaign funds in compliance with the campaign ordinance
in one election, and if there is money left over, ca:-i said funds be transferred into a ffitu:e
ca mpaign account?
Opinion; Ass r ing that there it no legally valid transfer bar in place,the answer should be
6`yes,
Question 4. Should the county ordinance be amended to define and specify the time period for an
G6election?"
Opinion: From an enforcement perspective, the more definitive a stabute is, ':he easier it is to
enforce,
3 hope that the views expressed above are useful to you..
Very truly yours,
GARY T. YANCEY
District Attorney
f
Z �
rimes L. e ,.ilve .a 1
Senior Dematy DistrikA tornev
The Board of Supervisors : Phil eatc,�lo,
i ins i
County Ac:fillnfSfrBtlOn Buildingt .
651 PmF Street, Room 105is
Martimr C l fowi<i 94553-1293 o n /
john Cxio;a. 1st District `�
ay<e Ut keam.a, 2nd District
Donna Gerber,3rd District ; \
-stark DeSaWvier,4th District �g
.soe Ca o a ri;%a, 5th District
June 21, 1999
Steven Churchwell, General Counsel
Fair political practices Commission
428 J Street, Hoorn 800
Sacramento, CA 95814
Re: bequest for formal written advice
Dear Mr. Churchwell:
I am writing this setter on behalf of the individual members of the Board of SuDervlsors
of Contra Costa County: Supervisors Joseph Canciam-fla, Turk De Sau nier, Donna Gerber,
John Gioia, and Gayle B. Uilkerna. These individuals have authorized n}v to submit this request
by their order of May 18, 1999. The mailing address of each of these individuals is shown on
the attached list,
Contra Costa.County has enacted an ordinance which imposes contribution limits zor
campaigns for County elective office and which specifies when the Ii- its are not applicable.
The County's campaign contribution limits do not apply to contributions placed in a controlled
committee of the incumbent of a county office where(1) that incumbent designates the
committee as a committee to collect funds for purposes other than a campaign for county office;
(2)those funds are not used for any purpose related to a.campaign by that incumbent; and(3)
those funds are not transferred to or used for any other committee controlled by that incumbent
which raises or receives or spends money for the purposes related to a campaign for a county
office. (Contra Costa County Ordinance Cade, § 530-2.214, copy enclosed.) Incumbents may
wish to qualify for the exemption so that they are able to raise funds for officeholder expenses
without being subject to the contribution limits which apply for campaign cor ibutions. The
exemption sloes not require creation of an officeholder account. However, questions have arisen
about an incumbent's ability to achieve the segregation of funds required to qualify for the
ordinance exemption in light of the "one bank account" rule. (Gov. Code, §§ 85200, 85201;
89510.) The Board of Supervisors is considering whether amendment of Ordinance Code
section 53£1-2.2.14 is necessary so that it is consistent with the "one bank account's rule..
Stcve?E ('1innrchvVC11, G;mcr<.? C,(,tillsel 2 2', 1999
II" - a" ove nal-led Inenlbers of fhe Board olesupervisors con;piicd With "lye ibilown g
process, would
tjje'i actions b a consistent and, in orrpAnce itli the
` op bank
account" rule',
e',
A rnerriber of the Board o'Supervisors would establish a campaign comrnittee and open a
campaign account for an election, e.g., the 1998 election. After the election is concluded, the
inc znAbent would maintain, that account for officeholder expenses and continue to raise finds for
such expenses only into the 1998 account. When the board rnerrnber decides to run for
reelection, he or she would open: a new bank account and establish a new copnrnittee to raise
money and also pay for officeholder expenses, for reelection.; e.g., for the 2002 election. Thus,
the incur nbent supervisor would have two accounts open at the same time, but each account
would be for a different election, e.g., one for the 1998 election and officeholder expenses
arising from that election, and one for the 2002 reelection, campaign. The board member world
have to file separate disclosure statements (Form 490) for each account and committee.
Based on inform l telephone advice our County Counsel's office received from the
Commission's technical ass°stance division or. April 1 and, 30, 1999, it is our understanding that
such a process is consistent and in compliance with the "one bank account"rule. We are seeking
confirmation that this advice is correct. We also would li e to know if the"1998" account can
be rolled into the "2002" reelection account or subsequent reelection accounts at any time after
the"2002" account is opened.
thank you for your assistance in answering these questions.
Very truly yours,
`s h C ciamil a
hair
a
i
Attachments
cc: Supervisor De Saulnier
Supervisor Gerber
Supervisor Gioia
Supervisor Uilkema
County Administrator
County Counsel
The BoardoSupervisors f fly f Y— Phil Batchwici,
�l j 3L 0"r,.,,I n,•fio i-„
County Administration Building tcI
651 Pine Street, Room 106
Martinez, California 94563-1293 �o "
,iot;n. Glom:. 7 st Dis?ric
Gayie Uitkema,2nd District,
Donna Gerer,3rd District '
,Mark DeSau nier,4th District o p
Joe Dancia^nitia,5th District s J
June 2 i, 1999
Jean Sepulveda,
Deputy Distract Attorney
District Attorney's Office
Special Operations Division
651 fine Street, 12�h Floor
Martinez, CA 94553
Re: Questions about, Enforcement of Election Campaign Ordinance
Dear Mr. Sepulveda;
The Board of Supervisors Internal Operations 10-n- ittee is considering whether to
recommend modifications to the County's Election Campaign Ordinance. The Committee would
like to know your views on the following issues.
A) The County Counsel's Office has received informal telephone advice from the pair
political Practices Com-mission Technical Assistance Division as follows: consistent with the
Political Deform Act, a candidate can establish a campaign committee and open a campaign
account for an election, e.g., the 1998 election. After the election the candidate can maintain the
account for officeholder expenses and may continue to raise funds for such expenses. When the
officeholder decides to run for reelection, he or she can open a new committee and account to
raise money for reelection, edge, the 2002 election, Thus, the officeholder might be fund-raising
for two separate purposes and maintaining two separate accounts at the same time.
.assuming 1)that an incumbent complies with the contributions limits in raising money for
the 1998 election and has no remaining campaign deist from the 1998 elq;,tio that after the
election the incumbent takes the steps necessary to comply with Ordinance C6de, section 530-
2.214, the exemption to the contribution limits, and 3)that the incumbent has maintained his or
her last 1998 campaign account for officeholder expenses, consistent with the provisions of the
Election Campaign Ordinance, may the incumbent raise funds for officeholder expenses without
regard to the campaign contribution limits and deposit such 'Lnds into the 1998 account-? If so,
assuming 1) that the incumbent stands for reelection and 2) Haat the incumbent opens a neve
:Il . emiiveda 2 .1' ne 2 , 1999
99
11,ep ty District Attorney
campaign account for the 2002 res ection, consistent with the election canipaign ordinance,
especially section} 53062.21_4, may the candidate transfer funds raised for officeholder expenses
apart from the contribution 'units, from the 1,998 account to the 2002 reelection account?
Assuming 1) that an incumbent complies with the contribution lirnits in raising money for
the 1998 election and after the election has monies remaining in that account, 2) that the
candidate makes no further expenditures from the account and does not raise any other funds into
the account, 3) that the incumbent opens a separate account for the 2€02 reelection campaign.,
and 4) that the incumbent complies with the contribution limits in raising money for the 2002
campaign; consistent with the contribution limits ofthe ordinance, may :he incumbent transfer
the money remaining in the 1998 campaign account to the 2002 campaign account?
13) Prior to the passage of Proposition 208, contribution limits for all county campaigns
were ;Imposed on an "election cycle" basis. For the purpose of all county erections, an "election
cycle" begins July 11' or January V, whichever comes first immediately following an election.
An "election cycle" ends June 30`` or December 315`, whichever comes first immediately
following the next election. for the same office. 03rd. Code, § 530-2.2112.) �n 1397, for
consistency with proposition 208, contribution limits for supervisorial elect onus were imposed on
a `per election' basis. (Ord, Code, §§ 530-1703, 5302.704.) Proposition 2008 prodded the titre
period in which contr,butions could be made for each erection. (See Gov. Code, § 85305.)
However, enforcement of proposition 208 has been enjoined. (Calif 'a Prolife C-uncil
Political Action Committee, et, al. v. Scvlly, F.2d. (9`' fir, 1999) 1999 Daily Journal
D.A,R. 171.) The time period for an `election_' is not otherwise defined in the ordinance.
From an enforcement prospective would it be desirable to amend the provisions relating
to supervisorial campaigns to specify the tune period during which contributions can. be made for
a given erection, either by specifying that they are imposed per. "erection cycle" or by otherwise
&—fining the tim..e period for an election?
Thank you for your views on these matters.
Very truly yours,
d
Supervisor Gayle B. Uillus
Supervisor John Qoia
cc: Members, Board of Supervisors
County Administrator
County Counsel
3:
4 .
FAIR POUT I AL PRACTICES COMMISSION
-'.>. 3 o x 8,7 G28 1 S c s L m- CA 9,58 2-ONS07
i
July 22, 19 2 1999
9 � j�n � .,
t
CL�; PC ya, c
3 5. J
TACO. Y
Joseph Canciar, ilia
Chair, Board of Supervisors
Contra Costa County
651 Fide Street, Room 106
Martinez, California 94553®1293
Ree Your Request for Advice
Our File No. An996I84
Dear Mr. Lancia illae
'his letter is in response to your request for advice regarding the campaign,provisions of
the Political Re-form pct(the"Act"),' You are requesting advice on behalf of yourself and
Contra Costa County Supervisors Donna Gerber, John Gioia,Mark De Saulnier, and Gayle
Ullkem, a.
QUESTIONS
1. Consistent with the one band account rule, may a naember of the Board of Supervisors
maintain a campaign committee and bank account from his or her roost recent election(the 1998
election)to use for officeholder expenses, and establish a new campaign cornmittee and bank
account to use for c2umpai a.expenses for heir uricar ging election(e.g.,the 2002 election)?
2. Can funds from a supervisor's 1998 account be rolled into the 2002 reelection account
or subsequent reelection accounts at any time after the 2€ 02 account is opened`
CONCLUSIONS
1. Yes. Under the one bank account rule(section 85201) and regulation. 18525, an
incumbent member of the Board of Supervisors may lase the committee and ba account from.
Goverm-ent Code sections 81000 a 91014. Commission regulations appear at title 2,sections 18109
18995,of the California Cade o-F egulatiars.
File No. A-99-184
Page 2
his or her most recent election for officeholder contributions and expenditures, and may set=gyp a
new campaign committee and account for the 2002 election.
2. Generally under state lawn a candidate may transfer(non-surplus) ends among the
candidate's own committees. However, the local ordinance may well restrict the "rollover"of
these Winds, as discussed below.
FACTS
Contra Costa County has enacted an ordinance which imposes contribution limits for
campaigns for county elective office and wvhich specifies when the limits are not applicable. The
contribution limits are $750 per election from individuals, and$5,000 per election from PACs.
The co=unty's campaign contribution limits do not apply to contributions placed in a
controlled committee of the incumbent of a county office if(1)the incumbent designates the
committee as a committee to collect funds for poses other than a campaign for county office;
(2) t"ne funds are not used for any purpose related to a campaign by that.incumbent; and(3) the
funds are not transferred to or usedf5or any other committee controlled.by the incumbent which
raises or receives or spends inoney for the purposes related to a campaign for a county office.
(Contra Costa County Ordinance Code, section.530-2.214.)
Incumbents may wish to qualify for the exemption so that they are able to raise funds for
officeholder expenses without beim subject to the contribution limits that apply to campaign
contributions. The exemption does not require creation of an officeholder account. However,
questions have arisen dbout an incumbent's ability to achieve the segregation of funds required to
qualify for the ordinance exemption in light of the state done bank account"rule. The Board of
Sumervisors is considering whether amendment of Ordinance Code section 530-2.214 is
necessary so that it is consistent with the gone bank account"rale,
If the above members of the Board of Supervisors comply with the following process,
you ask whether fneir actions will be consistent with the"one bank account"rule. A member of
the Board of Supervisors would establish a campaign committee and open a campaign account
for an election., e.g., the 1998 election. After the election is concluded,the incumbent would
maintain that account for officeholder expenses and continue to raise fWnds for such expenses
only into the 1998 account, Wen the board member decides to run for reelection.,he or she
would open a neer bank account and establish a new committee to raise money and also pay for
officeholder expenses, for reelection, e.g,, for the 2002 election. Thus,the incumbent supervisor
would have two accounts open at the same time,but each account would be br a different
election, e.g., one for the 1998 election and officeholder expenses arising ftom that election, and
one for the 2€ 02 reelection.campaign:. The board member would have to file separate disclosure
statements(Forms.490) for each account and corn~ ittee.
File No. A-99-184
Page 3
ANALYSIS
1e Officeholder Accounts. An incumbent member of the Contra Costa County Board of
Supervisors may keep his or her 1998 cornmittee and bank account open to use for officeholder
expenses, and may open a separate committee and bank account for the 2002 election
The"one baWnk account' rule of section 85201 cannne into state campaign finance law as
pard of Proposition 73, adopted by the waters in June 1988. Section 85201 provides that all
con zbutions or loans made to a candidate, or the candidate's controlled comm.ittee, shall be
deposited in a single campaign bank account.
The interplay between the one bark account rile of state lav and the officeholder
expense provisions of local jurisdictions is discussed in the recent Hicks Advice Letter,N.o. I-99-
120 (copy enclosed). As desenbed in the Hicks letter,the one bank account rule is currently
interpreted is mean that a candidate for elective office may have only one campaign bank
account and one controlled committee for each specijfic election. Thus, despite the one bank
account rule, a candidate may have numerous bank accounts/com i.ttees open simultaneously if
the candidate beeps a bank account/committee from a previous election open and establishes
bank accounts/conimittees for fature elections.
Regulation 18525(b), espy enclosed, states that an incumbent elected officer tnay make
offsceholder expenses "from either the campaign bank account established pursuant to
Government Code Section 85201 for election to the incumbent tear of office or from a campaign
bank account established pursuant to Government Code Section 85201 for election to a future
term of office." It is a comm on practice among statewide and state legislative officeholders to
keep the bank account and committee from them-most recent electron o-pen and use it for
officeholder expenses. They then opera an account/cornmittee for a f=ature election to use as their
campaign acesutit/committee for the upcoming election. Incumbent members of the Contra
Costa Board of Supervisors may do the same.
2. Transfers Among a Candidate's Own Committees. In the litigation challenging
Proposition 73, a ban on transfers among a candidate's own committees was struck down,
(service Employees International Union v. Fair Political Practices Commission, 955 F.2d 1312
(9 Cir. 199 1), affirming Service Employees International Anion v. Fair Political Practices
Commission, 747 F.Supp. 580, 591 ( .D. Cal. 1990).) enera ly oder state law, a candidate
may transfer funds among the candidate's own committees. Where contribution limits are in
effect, some restrictions on transfers among a candidate's own co=ittees remain. For example,
because there are contribution limits for special elections at the state level, transfers to a special
election account are sub ect to the contribution limits of section 85305. A similar restriction may
apply in a local jurisdiction that has contribution limits applicable to candidates.
File No, A-99-184
Page 4
You ask Whether funds from a supervisor's 1998 account can be rolled into the 2002
reelection account or subsequent reelection accounts at any time after the 2002 account is
opened.' Under state lava, a candidate may seely transfer(non-surplus) funds between his or her
own committees(subject to the contribution limits of section 85305 for a special election).
Contra Costa's local contribution limits may restrict the "rollover"of these funds, however, and
this is a matter of local interpretation. hi addition, as to f Linds raised for officeholder expenses,
sections 530-2,214(2) and(3) of the ordinance state that an incumbent may not use funds raised
outside the contribution limits for his or her mrnpaign, and may not transfer such fands to
&gother committee controlled by the incumbent t that raises or spends money for purposes related
to a campaign for county office. Because this question tis on interpretation of the county
ordinance, you should seep advice from the county counsel's office,
If you have any other questions regarding this utter, please contact me at
(916) 322®5660.
Sincerely,
Steven G. Churchwell
General Counsel
t
By: Hyla P. Wagner
Staff Counsel, Legal Division
Enclosures
SGC: PW:tls
2 We assume the funds from the 199E account are not su ius because the supervisors a"Currently in
office. F=mds that have become s-Mari may only be used as specified in section 89519 and may not be used for an
individual's election to a fix Lure office. To use funds for a future election,a defeated candidate or officeholder
Vhose term.is ups must open a new bank account and transfer the funds to the new account before they become
surplus.
TA\Adv$de Lts\99i 84.wpd
CIE 1pos.
FAIR POLITICAL PRACTICES COMMISSION
P.C. BOX S07 ° 428 j Scree: Sacra-memo, SCA Ei7S 2-0807
M6 322-5660 ° Fax k9;16) 32-,-i 886
.fume 16, 1999
Joyce M. saes
Assist—ant Civy Attornfey
City of Oakland
One City Hall Plaza, 6th Floor
Oaks d, Cal forma 94612
Rea Your Request for Advice
Our File No. 1-99-1 20
Dear Ms. Hicks:
This letter is in response to your request for advice regarding the campaign provisions of
coal Political Reform Act (the `Act").
QUESTIONS
Consistent wit' Gove ~rent vote lection �3�2;�i, nay an officeholder open ��
additional cam-patp account for a futUre election and use t'na.t accourd for his or her officeholder
land!
2, blue Oakland C=—paign Reforrn Act states that a.contribution will not be considered to
be received iA it is not deposited and is beta ed to the donor within 72 hours. What is the state
law deadline for deposit ofcontni butions?
C0INT LUSION
1. V-es, an officeholder nay-nairtain lois or ler campaign connittee and auco t o9n
the-most recent election Litil all debts from that election.are;paid off, and open a nev.,corm-n.ttee
and account for a future election to use for officeholder contributions and expenditures.
Dove-m—meat Code sec ins 8I0CC o 910:4. Commission regulations appear at title 2,sectWns 1K09-
8995, of the Cal'ssor is Code of Regulations.
17i le No, 7-c,9-12:;
Page 2
s
2. State law does not have a suecific deadline -Loa deposit of contributions. State law
provisions concerning the receipt and deposit on contributions are dricUssed below.
FACTS
'he City of Oakland has a campaign reform. act that limits campaign contributions and
establishes voluntary campaign expenditure ceilings. The Oakland Campaign.Reform. Act also
provides for the establis'runent and maLntenance of an officeholder account. (Oakland Municipal
Code section~ 12.150°)
You are requesting that the Conan ussion reconsider the advice we provided to you in the
Hickz Advice Letter,N,o. 1-95-331. I hat;etre.concluded that he officeholder account
provisio-.s of the al =d ordinance conflicted with requirements of state law because the
aklannd ordLnanace permitted candidates to set up a campaign comnuitttee and account, and a
separate officeholder account awid legal defe-se Band account in connections writh the same
election. This conflicted with the state law requirenneint that a candidate:nay only set up one
ban°!< account and one committee per election. 'Me lever went on to suggest a method of
segregating officeholder funds from campaign funds that was cumbersome.'
You ask whether instead of keeping the officeholder funds in a savings account
associated with the campaign checking account a-n bringing the m. n and out through the
barn Paign account, a loom official can set;gyp a comnnittee and account for a f attire election and
use that for officeholder expenses. You also ask what the deadline for depositing con ibutions is
under state law.
ANALYSIS
1. Officeholder Accounts. The`sone bank account" rule of'section 8520s carne into
state c&mpaign<finance law as part of Proposition 73, adopted by the voters in June 1988.
Section 85201 provides that all contributions or lows made to a candidate, or the candidate's
controlled cot irtee, shall be deposited in a single catnpaign bar. account.
State law does not have a separate provision authorizing officeholder accounts or legal
defense bunds. hi this respect it differs ao many local laws in California that specifically
provide for such accounts, and may set separate contribution limits for the campaign andd for the
$die regret if our at em—Pt to Alcoa ci e shite€acv and the Oak:a--d ordinance in that letter led to an awkward
procedure for o zeho€dtr cx 11rmes in Oakland,and appreciate your writing inn concemLng an a tt=ate procedure.
While the conclusion in the Hicks Advice Letter,No. 1-95-33 1,that`he Oakland st ute's provision for o separate
accomts ir, connection with one election con aicted with state€acv is not incorrect, for the Salem of clarfty is
SIMI SCdCds.
File No, I-99-i20
Page 3
officeholder account. Meshing the state's one bank account rale with local isdictions' rules
for campaign. accounts and ofyice'�older acco€�nts has sometimes proved di colt. Particular,
following the enact-merit of proposition 73, there was tension between the stag's one-bank
acco,,mt_ale and the rules of some local jurisdictions that authorized or required a candidate to
have multiple accosts for a single election. The one-bank account rale initially operated
together with the trust provisions of section 89510 (form.erly numbered section 85202), which
stated that all contributions to a candidate are deemed to be field in toast for expenses associated
with one particular election and the expenses of bolding that office.
For example, dae Riddle Advice setter,leo. A-88-409, addressed the ea'fects of
Proposition 73 on San Francisco's campaign ordinance, and in p-articular, on Decal candidate's
"Friends Cornrnittees"which were corrin only used for officeholder funds. The letter concluded
that because section 85202 ) of Proposition 73 provided that each state and local candidate ay
have one controlled co rnittee, friends conittees had to be assimilated into the single
controlled committee alloyed for each candidacy. Similarrly, the Galla Advice setter,'o. I-88-
454, assessed Proposition 73`s isrpact on the San lose c&rnpaign ordinance yl~Ach provided for
separate camw_,;gn and officeholder accounts. It concluded that a local elected official could not
have a campaign coma ittee and officeholder cornmittee for the same election.
is the litigation challenging proposition 73, t,e ban on transfers wrong a candidate's own
co=ittees was struck down. (Service Em.ployees international Union v. Fair Political'
Practices Commission, 955 F.2d 1312 (9" Cir. 1991), a :rug 5er.4cem.ployees International
Inion y. Pair Political Practices Commission, 747 F.Supp. 58:1, 591 (&DD Cal. 1990),} he
Conurission modified its interpretation ofthe trust provisions of section. 89510 in response to
Nese cases, eidigh !advice setter,No. 1-92-547;Dor.man Advice settler,''�o. I-91-253.)
In ligat of these changes, the one bark account rile is c, ently interpreted to mean that a
candidate for elective office may'have only one campaign hank account and one controlled
comm. ittee fo-r each specific election. '11hus,despite the one b nk account rale, a candidate:ray
have numerousbank accounts/conh-nittees open simu.ltaaneo-usly if the candidate keeps a ban
acco. tic/ yo y ttee o �a previous election open and establishes hank acco-ants/co ittees
future for
s.
A con"-non practice among statewide and state legislative officeholders is to beep the
hank account and committee frorn heir most decent election open and use it for officeholder
expenses. They then open an account/cornm- ittee for a fatze election to use as their carnpaigr
account/co=ittee for the L—ocorning election.
Yon informed me that in Oakland a candidate is required to beep separate his or he.-old
acco�znt with debt from a Previous election, so that using the old ca€rpaign account for an
officeholder account is not convenient dor Oakland officeholders. That is why you are asking if
local officials can open a cornmittde and an account `or a fltur°e election and use it for
File No, 1-99-120
Page 4
officeholde-rfimds. They may do so under state Iaw.' Regulation 18525(b), copy enclosed,
states that an incumbent elected officer may make o iceholder expenses "fiorh either the
cam-npaign bank account established pursuant to Govva hent Code Section 85201 or election to
the inscu zbent tei7n of office or Froin a carnpaign bank account established pursuant to
Gover€iinent Code Section, 85201 for election to a future term of orrice."
2. Deposit and Return of Contributions. As to returning contributions, the 06dand
Ca npaign Reform Act provides as follows;
€€A contribution shall hot be considered to be received if it is not
negotiated, deposited, or utilized, and in addition., it is returned to
tie donor within seventy-two(72) hours of receipt, In. the case of a
late contribution as defined in Government Code Section 82036, it
shall not be deerned received if it is retuirried to the contributor
Within forty-eight(48) hours of receipt." (Oakland municipal code
section.3.12.070.)
Candidates and treasurers have told you that Oakland's 72 hour deadline can be difficult to meet
and that the tune ftarnes are not as tight ander state law, State law does not have a particular
deadline for the deposit o"contributions. The tine frarries for �e return of contributions undea
state law, however, are longer than the deadlines specified in the Oakland ordinance (except with
respect to late contributions).
On the state level, regulation. 1842 1.1 (copy enclosed.;) describes when contributions are
a€made" and"received." Rgzmlation 1 421.1 states'v�lle f monetary contribution is received:
€3(c) A monetary contribution is "received" on the date that the
candidate or con inittee, or the agent of the candidate or committee,
obtains possession or co:itrol of the check or other negotiable
instrxneat by which the con bution is made. All contributions
received by a person acting as an went of a candidate or cotmni"ttee
shall be reported to and disclosed by the candidate or committee,
or by the conittee;s treaswrdr, no later than the chasing date of he
next campaign statement that the comm-littee or candidate is
required to filen
We gave siva-isar advice in the Mendoza Advice Letter,'-No, A-93-255, which stated: "Under the Act,
Mfaycr-E'ect Riordan is pre;bited from rraLntaining se araty officeholder and election accol-;s in connection ori—
;pis 1993 election- However.he would be pe-witted to accept contnbutions and make erpenditzes--'or hots
ef` oho der expemes and to retire campaign debts sores his caxxeit 1993 election account. He also wawa be
ennittcd to open:a new account for reelection numoses and pay officeholder en„;enscs fro: hat accwmc'
bile No. T-99-120
Page 5
The standards # when a contnib ztion is "-made" and
.'received" set forth in t1us section are rant applicable where a
contributionis disposed of pursuant t xoverr�rr�.ent Code Sections
84211(q), 84203(c), or California Code of Regulations, Title 2,
Section 18531.54
The required contents of can-paign reports are spelled out in section 84211. Sectio
84211(q) states°
"A contribution reed not be reported nor shall. it be deemed
accepted if it is not cashed, negotiated,or deposited and is returned
to the contributor before the closing date of the campaign
statement on whit to contribution would otherwise be reuorted."
Under the pct, a late contribution must be reported within 24 fours of ffie tim-V it is
received. (Section 84203.) However, section 84203(c)provides that a"late contribution need
not be reported nor shall it be deemed accepted if it is net cashed,negotiated or deposited and is
returned to to contributor within 24 bows of its receipt.35
in addition, Commission regulation 18531, adapted in 1989 to .mplerment to
cc-i, +,n don limits cf Proposition 1,provides for tie return of contributions received in excess
of lim.R.s. Because here are no statewide contribution;units now in effect except for special
elections,tis regulation only applies t� special elections. (Section 85305.) It provides a
rnonetasx-jr contribution that exceeds the special election limits shall be deeaned not to have been
accepted if it is returned prior to deposit,whin 14 days Of receipt.1
4 Finally,regulation 18523 also contains riles about to deoosit of contributions in situations wdere a
ca tdidate has more than one cor trolled cornmi ce. It states that:f a contributor rakes a conk— ac -to a candidate
with more:rear.one controlled committee and does-not designate tbhe contribution for a particsiar com-nittee,the
ca d date or-easuTer ray allocate the contribution.to any one or the candida.te's controlled corrs.,�ittees. n e"ds
case,the regulation provide,that a"monetary c€sn'.ibution shall be reported:.rx the campaign statement for the
:ep3rving period i which it is received,and~hall be deposited in the campa gr.bank account for the contgolle .
committee to wh;ch it is being allocated within 30 days of receipt,"
File No. 1-99-1,20
Page 6
Ifvou have any other questions rlggard-ing this ratter, please contact e of
(916" 422-5660.
Sincerely,
Steven.G, 0-hurchwell
General Counsel
a
i.A)
By: Hyla P. Wagner
er
Staff Counsel, Legal Division
Enclosures
C.11-1I atls
(Regulations of the Fair Political practices Commission,Title 2, Division 6 oft-he California
Code of Regulations.)
18525, Incumbent Candidates' Election Expenses and Officeholder Expenses.
(a) An incumbent elected officer shall make expenditures for the following campaign
expenses from the appropriate car,paign bank account for election to a future tem of office.
�1) Payments car fundraising and campaign strategy expenses for election to a f�t7are
term of office.
(2) Payments for mass mailings, political advertising, opinion polls or surveys, and other
cornTrIy�nicatio: s in connection i election to a future terry of office. For purposes of this
section, a n;ass mailing,political advertisement, opinion poll or survey, or other communication
shall be considered "ire connection with election to a fatuxe terra of office" if it makes reference
to the officer's future election or status as a candidate for a future tem of office, or if it is trade
y an incum1bent officer within 3 months prig to an election for which he or she Inas filed any of
the following:
(A) A statement of intention to be a candidate for a specific office,pursuant to
Government Code Section 85200.
(B) A declaration of candidacy or nomination papers, as specified in Chapter 1
(commencing with Section 8000) of Division 8 of the Elections Code.
(C) Any other documents necessary to be listed on the ballot as a candidate for any state
or local office.
( ) payments for services and actual expenses of political consultants, the campaign
treasurer and other campaign staff,pollsters and other persons providing services directly in
1 18525
connection with a future election.
(4) Pay-ments for voter registration and get-out-the-vote drives.
(h) An incurrber?t elected officer may rake expenditures for p€-, uses not enumerated in
subdivision(a) from either the campaign bank account established pursuant to Government Code
Section 85201 for election to the incumbent tern of office or from a campaign hank account
established pursuarft to Government Code Section. 85201 for election to a tare terra of office.
This section shall not be construed to permit an incumbent elected officer to naake expenditures
from any campaip hank account for expenses other than those associated wig his or her election
to the specific office for which the account was established and expenses associated with holding
that office.
NI To authority. Section 83112, Government Godes
,Reference: Section 85201, Government Code.
(I)
Now section filed I I-15- 9; effective thirtieth day thereafter.
(2) Arnendment,filed 5-11-99; effective upon filing.
2 18525
Office of*the Coun y Counsel Contra Costa County
65' l'it're Street, 9th F (;o Phone: (925) 335-1800
Ma.-t;t%Fez, CA 94553 s ax: (925)646-1078
Date. August 4, 1999
To: Internal Operations Committee
From: victor J. Westman, County Counsel
By: Mary Ann McNett Mason, Deputy County Counsel 'J , 4,
Re; Possible Modification of County's Election Canripaign Ordinance
At its meeting of duly 26, 1999, the Internal Operations Cornrnittee asked that this
office 1) address possible modification of the County's Election Campaign Ordinance to clarify
the time period for contributions and loans for supdrVisorial elections and 2)provide a general
summary of the advice letter of July 23, 1999 from the pair Political Practices Commission's
Counsel and the letter of July 19, 1999 from the District attorney's Office.
1. Election Cycles
Prior to the passage of Proposition 208, the provisions of the —Plection Campaign
Ordinance imposing contribution limits for Supervisorial elections referred to limits per
"election cycle." At the conclusion of one election cycle, a new cycle, for which new
contribution limits applied, would commence. Proposition 208 deleted the references to election
cycles in the Political Reform pct. On December 10, 1996, for consistency with Proposition
208, references to election cycles were deleted from. article 530-2.7, "Supervisorial Ca paigns,"
of the County Ordinance Code. In 1997, consistent with Proposition 208, contribution and
personal loan limits for supervisorial elections were imposed on a"per election"basis, (Co. turd.
Code, §§ 530-2.703, 530a1704, 530-2.706, 5313-2.708.) Proposition 2 38 provided the time
period in which contributions could be made for each election. (See Gov. Code, § 85305.)
However, enforcement of Proposition 208 has been en oined. (Callifo ria roli�`e Council
Political Action Committee, et. al. v. Scully, —p.2d_(9th Cir. 1999), 1999 Daily Journal
D.A.R. 171.) '1 he time period for a supervisorial "election" is not otherwise defined in the
ordinance.
This Committee previously has considered possible clarification.of the time,period
for contributions and personal loans for each`election." Can,dune 21, 1999,the Committee
asked aim Sepulveda, Senior Deputy District Attorney, if, frorn an enforcement perspective, it
would be desirable to amend the ordinance provisions relating to supervisorial campaigns to
specify the bane period during which contributions can be made for a given election. In his letter
of July 19, 1999, to the Committee, '_fir. Sepulveda indicated that; from an enforcernent
perspective, the more de anitive a statute is, the easier it s to eti once.
i€i ( �lal 1 7t rrlili%'S itree
August 4, 1199",
Page 2
To address this iss:.€e, the Committee could recommend a definition of the time
period for an "election" for supervisorial campaigns. As an alternative, the Committee could
recorninend a:-r endment of County Ordinance Code sections 530-2.703, 530-2,704, 530-2,706,
530-2.707, and 530-2.708 to refer, to contribution and loan limits per"election cycle' rather than
per"election," "Election cycle' already is defined in the ordinance. Under the current definition
an`°election cycle'begins July Is` or January 15', whichever comes first immediately following an
election. An"election cycle"ends June-10`or December 31", whichever comes first,
:mmediately following tree next election for the same office. (Co. Ord. Code, 53€0-2.212,)
Using this definition.of"election cycle" if a candidate is elected in March of 2000, the -election
cycle for that erection would end June 30, 2000. A new election cycle would stat July 1, 200£
and would end Jure 30, 2004, If the candidate is not elected in March of 2000, and enters the
ranoff, the candidate's election cycle would end Jure 30, 2003. A new erection cycle for the
runoff would start July 1, 2333 and would end December 31, 2333, The elected officeholder's
new election cycle would start January 1, 2331 and run until June 33, 2004.
nor consistency and clarity, the voluntary expenditure limit also would apply on ars
"election cycle"basis. TI€us, a supervisorial candidate could spend$80,000.33 per election.
cycled Under the current definition of election cycle, a candidate who is not elected in March of
2300 and who had spent$80,300 (or applicable increased limit) prior to the prirnary wound not
be able to spend additional funds until Judy 1, 2000. In the election cycle for the runoff election,
the candidate could spend another$83,003 (or applicable increased limit)between July I and
December 31, 2000.
It may be desirable to address the lag time in the election cycle caused by moving the
primary from June to March. The Elections Division has advised that the statewide direct
prim&-y date has moved several times in the past four years in conjunction with lnovemerit of the
presidential primary and that it is not certain that the primary will remain in march. The
Com.mittee may want to consider amending the definition of election cycle to provide that the
cycle begins on the first day of the month following the month in which the statewide direct
primary election is held or January 1, whichever comes first immediately following an election.
An election cycle would end on the last day of the month in which the statewide direct prima-y is
held or December 31', whichever carnes first, immediately following the next erection for the
same ofb ce. Thus, for a candidate elected in March of 2033, a new election cycle would begin
on April 1, 2030 and end on the last day of the month in which the statewide direct primary is
held in 2334. For a candidate who is not elected in March and enters the runoff, the new election
cycle would begin April 1, 2000 and end December 31, 2000. The elected officeholder's new
election cycle would begin January 1, 2001 and end on the last day of the month in which the
primary election is held in,2004.
AugusL 4, '999
Page 3
2. Draft Ordinance
Due to vacation schedules and because the Corm ittee does not meet again until
S ptember 13, 1999, as a starting point we have attached for the Committee's consideration a
draft ordinance that world rnodrLy the �ef"mition of"electron cycle" as described move and that
would impose contribution limits and loan limits for supervisorial elections per"election cycle."
(See draft revisions to Co. Card, Code §§ 5350-2.212, 530-2,703, 530-2.7114, 530-2.706, 530-
2.708) "the dra-ordinance would provide that the voluntary expenditure ceiling would appy per
election cycle. (See drat revisions to Co. Card, Code § 530-2.707.)
In addition, because the Committee previously indicated a desire to address this
issue, the drat ordinance would modify tine time at which a candidate can file a statement
adopting the volluntary expenditure ceiling and thereby become eligible to accept ca npaign
contributions at the $750 level from individuals and the$15,000 level from broad based political
co nm'ttees. Sectiones 53€-2."03 and 530®2.704 provide that for an election, a candidate who
does not adopt the voluntary expenditure ceiling may accept cor-tributions ob up to $100 from:
individuals and up to $2,500 from broad based political committees. A candidate becomes
eligible to accept contributions at the higher level only after the candidate has filed a statement
adapting the voluntary expenditure ceiling.
C;ur;•ently, a candidate can, file the statement adopting the expenditure ceiling no
earlier span the date which is twelve months before the date of the primary election for the
office. (Co. Card. Code, § 530-2.707 (a), (b).j Once the statement is filed, the candidate can
begin to accept contributions at the higher level. The draf ordinance would mend section 530-
2,707 (bs, "Time Lor filing statement adopting expenditure ceiling,"to specify that a candidate
may ble a statement adopting the voluntary expenditure ceiling on the first day ofthe election
cycle and until such time as the candidate files his or her declaration of candidacy. If this
modification were made,there would be a lunger period in which candidates would be able to
accept contributions at the higher level.
3. Srnnay of Advice from. `air°Political Practices Co mission and District
Attorney about Officeholder issues
Our views about the general rules for maintenance of officeholder accounts
consistent with the County's nty's ;lection Campaign Ordinance and state law are based in part,on the
advice letter of July 23, 1999 Lrom Hyla Wagner, Staff Counsel to the Fair Political Practices
Commission and the letter of July 19, 1333 from. Senior Deputy District attorney Jim Sepulveda.
if staff Inas not already done so, the Committee may wish to direct that copies of these letters be
provided to all Beard members,
Int—Inial OL e-eat!'o_s Coir. nit"Ce
August 4, 1993
Page 4
In our view, a_n officeholder who takes the steps to comply with the "One Ban
Account Rule" (Gov. Code § 85231) and County Ordinance Code section 5302.2'4,
"Exemptions," may marhta5n an account for officeholder expenses and may raise contributions
for such expenses without being subject to the Ordinance's carnpaign.contribution linnits,
Consistent with the "Dine Bank Account Rule" a Supervisor may maintain two
accounts and two controlled committees simultaneously anduse one account aid committee for
an ofA.ceholder account, so long as each account and committee is tied to a separate supervisorial
election. For example, a Supervisor elected in 1998, who has paid riff all debt from his or her
campaign, would keep the bane account and committee for the 1998 election:open and use it for
officeholder expenses. He or she would thereafter establish a separate bank account and
campaign committee r the 2332 election. (See FPPC Advice letter A-99-184, copy attached.)
In order to raise contributions for officeholder expenses without being subject to the
campaign contribution. lir Ats, of ie--paying cuff all debt from the prior campaign, a Supervisor
must keep his or her prior account and committee open for officeholder expenses and dust
designate the prior committee as a commi-11-tee to collect funds for purposes other than a cam paign
fog County Office, i.e., for off ceholder expenses. (Co. Ord. Code, § 533-2.214 (1).) For
example, a Supervisor who had paid off all debt from the 1998 campaign would keep the 1998
account and committee open for officeholder expenses and would designate the 1998 committee
as a committee to collect finds for officeholder expenses.
Thereafter, any contributions collected by the Supervisor's 1998 officeholder
committee, would not oe subject to the contribution limits. However, the contribution=s raised.,
whet-her or not in amounts below the campaign contribution limits, could not be used for any
purpose related to a campaign lay that incumbent. For example, such funds could not be used to
repay dust f~orn a prior campaign or to fUnd a reelection campaign.. The ofb.ceholdew could not
transfer.monies from the 1998 officeholder committee account to the 2332 reelection committee
account. (Co. Ord. Code, § 533-2.214 (2), (3); See Letter to Internal Operations Committee fi°om
Senior Deputy District Attorney of July 19, 1999; FPPC Advice letter A-99-184.)
Before converting the 1998 campaign. account to an officeholder committee account,
tl.e Supervisor could transfer remaining 1998 campaign monies to the 2002 reelection account.
State lana does not prohibit a candidate from transferring fun3ds between his or her own
committees. (See FPPC Advice letter A-996184.) The County's Election Campaign Ordinance
prohibits transfers from co puttees and accounts opera'inng pursuant to County Ordinance Code
section 533-2.214, the exemption to the campaign contribution limits, but does not otherwise
prohibit transfers. (Co. Ord. Code, § 533-2.214 (2) (3); see setter to Internal Operations
Committee from; Senior Deputy District Attorney of July 19, 1999.) `while County Ordinance
Code section 533-2.707 sets the voluntary expenditure ceiling, the section does not prohibit-
candidates
rohibitcandidates who adopt the ceiling from accepting aggregate contributions in excess of the amount
of the ceiling. (See Co. 3rd. Code, § 533-2.737.)
ift"e
August 4, 1999
Page 5
4. Status of Proposition 208 Litigation
In Jarua,-y :999, the United States Court of Appeal for the Ninth Circuit upheld the
preliminary inunction enjoining the enforcement ofl Proposition 208, ordered the District Court
to bold an expedited trial, to determine the constitutionality of all aspects of Proposition 208, and
to rule quickly enough to allow appellate review before the next statewide election in 2000.
(Calzfbr°nia Pa°ohe Council Politicai Aetion Cot irrnittee et, aL v. Scully, (9'h Cir.1999),
.2d , 1999 Dapfly Journal D.A.R. 171,) Thereafter, Appellant Common Cause
requested a rehearing. The Court denied this request in May 1999. 'leo date, ne trial has been
held. Giver the current status ofthe litigation, we think it is unlikely that there will be a final
raling on Proposition 208 prior to the statewide election in 2000.
MAM\=
attac°rients
cc: County Clerk, Elections Division
Attie Hugh Denton, Assistant County Registrar
District Attorney
Attn: Tim Sepulveda., Senior Deputy District A torney
VERSION I
ORDINANCE NO. 99-
(Amendments to Division 530 Election Campaign)
The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical
footnotes fxom the official text of the enacted or amended provisions of the County Ordinance
Code),
SE
C110N I. 5 1 — . This ordinance amends Division 530, Vection Campaign, Sections
530-2,703, 530-2.704, 530-2.706, 53032.707, and 53€-2a 7€8 to provide that contribution limits
and the voluntary expenditure ceiling apply per election cycle for supervisorial campaigns. This
ordinance amends section 530-2.212 to modify the definition of election cycle. This ordinance
amends section 530-2.70 7 to provide that a candidate may adopt the voluntary expenditure
ceiling on the first day of the election cycle, and modifies the exclusion from the expenditure
ceiling, for tide repayment of debt. This ord nance adds requirements for establishing eligibility
to receive an increase in the voluntary expenditure ceiling based on small contributions frown
persons residing in the supervisorial district and changes the amount of that increase in the
ceiling.
SECTION 11. Section 530-2.212 is amended to read.
530¢2.212 Election Cycle. An Selection cycle"begins 4ti4� on the first day of the
month follo wing the 6nth 'M' which the statewide direct primary election is held or January I�`,
whichever comes first immediately following an election. An election cycle ends 4uft-- "'on
ti dlast y:oft e o htcl ;
state id d , n electioid is lie d or December 31',
whichever comes first, immediately following the next election for the same office.
(Ords, 99m § 2, 56-27, 54-9.)
SEC IONF 111, Section 530-2.703 is amended to read.
530-2.7€3 Individual campaign contributions.
(a)For a single d6iffty, election cycle,no person or political committee (other than the
candidate or a broad based political committee) shall make, and no candidate or campaign
treasurer shall accept, any contribution to or for a single candidate for County Supervisor or to or
for a committee authorized in writing by the candidate to accept contributions to hire or her,
which will cause the total amount contributed by that person or political committee in suppor¢of
that candidate for that election cycle to exceed erne hundred dollars ( 1 €1), except as provided in
subparagraph (b),
ORDINANCE NO. 99-
t `�
(b) For candidates who adopt the voluntary expenditure ceiling defined in section 530-
2.707, for a single county n electiocycle, no person or political comrnittee shall make, and no
candidate or campaign treasurer shall accept, any contribution to or for a single candidate for
'County Supervisor or to or for a committee authorized in writing by the candidate to accept
contributions to him or her, which will cause the total amount contributed by that person or
political committee in support of that candidate for that election cycle to exceed seven hundred
and fifty dollars ($750).
(Ords. 93- § 3, 98-6, 46-48, 95-8.)
CSection 530-2.704 4 is amended to read:
530-2.704 Broad base political committee campaign contributions.
(a)For a single county election cycle, no broad based political committee shall make, and
no candidate or campaign treasurer snarl accept, any contribution to or for a single candidate for
County Supervisor or to or for a committee authorized in writing by the candidate to accept
contributions to him or her, which will cause the total ani aunt contributed by such broad based
political committee m support of that candidate for that election cycle to exceed two thousand
five hundred dollars ($2,500), except as provided in subparagraph (b). For a single election
uncle,the total aggregate amount of contributions from all basad based political committees
which a candidate may accept shall not exceed tori thousand dollars ($10,000),00), except as
provided in subparagraph (b)below.
(b) For candidates who adopt the voluntary expenditure ceiling defined in section, 536-
2.707, for a single county election,cycle, no broad based political committee shall make and no
candidate or campaign treasurer shall accept, any contribution to or for a single candidate for
Co€my Supervisor or to or dor a committee authorized in writing by the candidate to accept
contributions to him or her, which will cause the total amount contributed by such broad based
political committee in support of that candidate for that election cy to exceed five thousand
dollars($5,000), For a single election cycle,the total aggregate amount of contributions from all
broad base political committees which a candidate may accept shall not exceed forty thousand
dollars ($40,10€1).
(Ords. 44- § 4, 48-6,46-48, 45-8.)
S-ECILQN
4 V. Section 530-2.706 is amended to read.
1-30-2.706 Limitation on personal loans. For a single county election cycle, no
candidate shall lead to his or her campaign or controlled committee any amount in excess of
twenty thousand dollars($20,4€30).
(Ords. 99- § 5, 48-6, 46-48, 45-8.)
ORDINANCE NO. 44-
2
SECTION ill. Sectio: 530-2.707 is amended to read:
530-2.707 Voluntary expenditure limits.
(a) Statement accepting expenditure ceiling. All candidates who adopt the expenditure
ceiling specified €n subsection (c) may accept contributions in the amounts spec€fie €r section
5300-2,703, subsection (b) and section 530-2.704, subsection (b). Before accepting any
contributions within the amounts specified in sections 530-2.703, subsection(b), and 530-2.704,
Sul,
sectio (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 tilne aftel , d d"fIll- -MiliCh M r.. :1
rnanths beforet rimary clection for ehe offi on the first clay of the election cycle
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.-rimary election., enters the runoff e€ection, and wishes to
adopt the expenditure ceiling for the general election,the candidate must file a separate
statement. Such statement may be filed at any ti€nd after the primary election results are final
until thirty days prior to the general election. A recall candidate may file the statement adopting
the expend,'€€re ceiling at any time after the date the recall measure is certified for the ballet until
thirty days before the recall election.
(c) Amount of expenditure ceiling. For 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. subsections(d), (e) and(f)below.
(d)Increase in ceiling(small contributions from individuals).
l) For an election c�pl , a candidate who accepts the voluntary expenditure
ceiling and who raises twenty percent of the amount of that ceiling in contributions of one
hundred dollars( 100)or less from individuals residing in the supervisorial district in which the
candidate stands for election,may incur ? en fop c
( � 0) in campaign expenditures in addition to that amount permitted in subsection(c).
' o'estalb elll€y fog tits € rease€ �c oun eenditd cdiing,
C did t €nut .6 ntri #' -' a rt. ,tl d�y: er Iectt d€ ;t c€€ ice. €b
report,shall sp ify fh ba &` sof"' s€r€ ll ob €bt��b ,• homier the smal
cointributor resides m*,,e su rise it d tridts the date ato t nd type,
each
contribution,such n or; ti Q'iie (i -fid contribution). 71ie County clerk shall
review the report and all tam" state state e,nts filed by the candidate toverify erify )that the listed
small ontrib,atc rs reside in die sue isoari l district;in which the candidate stands for election,
b),that no listed small contr€butor,has contributed more than. 100 to the candidate during the
election cycle, and c) that in the aggregate all of the eligible reported small contributions Metal
twenty percent of the amount ofthe voluntary expenditure ceiling. If the County Cleric verifies
each of these items,he shallnotify the candidate in writing that the candidate has qualified for
the increase in the voluntary expenditure ceiling specified in this subsection. Only a candidate
ORDINANCE NO. 99-
3
who has received such written notice from the County Clerk shall be entitled to make additional
campaign expenditures as specified in subsection (r) above.
(e) Candidate whose opponent does not adapt ceiling. for an election cycle, for a
candidate who accepts the voluntary expenditure ceiling and whose opponent or opponents do
not accept the expenditure ceiling, the amount of the voluntary expenditure ceiling specified in
subsection (c) shall increase by five thousand dollars ($5,1300) each time an opponent not
accepting;the ceiling makes cumulative expenditures of five thousand dollars($5,000.) To be
eligible for a five thousand dollar increase in the ceiling, the candidate must have received
disclosures pursuant to subsection (i) which show cumulative expenditures of flive thousand
dollars($5,1300)by such opponent. Each subsequent increase in the ceiling roust be based on
amounts disclosed pursuant to subsection (i)which were not counted for purposes of any
previous increase in the ceiling.
( Independent expenditures against candidate or on behalf of candidate's
opponent. For an election cycle, for a candidate who accepts the voluntary expenditure ceiling,
the amount ofthe voluntary expenditure ceiling specified in subsection (c) shall increase by five
thousand dollars ($5,000) each time a committee which snakes such independent expenditures in
the cumulative amount of five thousand dollars($5,000). To t'e eligible for a five thousand
dollar increase in the ceiling, the candidate roust have received disclosures pursuant to
subsection ; which show cumulative independent expenditures of five thousand dollars
($5,0€313) by the committee in opposition to the candidate or in support of the candidate's
opponent(s). Example: Candidate receives disclosure ofcornmatee's independent expenditure of
$1,00€1 to oppose the candidate and disclosure of committee's independent expenditure of$2,000
to support candidate's opponent A and disclosure of corrin€:tee's independent expenditure of
$2,000 to support candidate's opponent E. Each subsequent five thousand dollar increase in the
ceiling must be based on amounts disclosed pursuant to subsection ()which were not counted
for purposes of any previous increase in the ceiling.
(g)Maximum, For acandidate who qualifies for an increase in the ceiling under
subsection(d) only,the amount of the voluntary expenditure ceiling shall not exceed tri
, se ( 00, ):in any vVerrt. For a
candidate who qualifies for increases in the ceiling under subsection(e)or subsection(f) or both,
or under subsection(d) and subsection (e) and/or subsection (f), the amount of the voluntary
expenditure ceiling shall not exceed one hundred and sixty thousand dollars ($160,000) in,any
event.
(h) Notification by candidate who exceeds ceiling. A candidate, other than a candidate
who has accepted the voluntary expenditure ceiling and has qualified to incur additional
campaign expenditures as specifiea in subsections(d), (e) or(f), who receives aggregate
contribut°ons exceeding the amount of the expenditure ceiling specified in subsection (c) shall
notify the County Clerk-election division both by telephone and guaranteed overnight mail on
the day such contributions exceeding that amount are received. A candidate, other than a
candidate who has accepted the voluntary expenditure ceiling and has qualified to incur
additional campaign expenditures as specified in subsections(d), (e) or(f), who snakes aggregate
ORDINANCE NO. 99-
expenditures exceeding the amount of the expenditure ceiling specified in subsection (c) small
notify the countylerlc-e:$coon division both by telephone and guaranteed overnight nail on the
day such expenditures exceeding that amount are made. A candidate w o has accepted the
voluntary expenditure ceiling and has qualified to incur additional campaign expenditures as
specified in subsections (d), (e), or(n�, who receives aggregate contributions exceeding the,
amount of the respective ceiling specified in subsections (d), (e), or(f) shall notify the County
Merl;-election division both by 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 who makes aggregate expenditures exceeding the amount of the
respective ceiling specified in: subsections (d), (e), or(f) shall notify the County Clerk-election
division bath by 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.
(i) Notification of expenditures by candidate who has not adopted voluntary
expenditure ceiling. A candidate who has not adopted the voluntary expenditure ceiling shall
notify the County Clerk-election division and all opponents running for the same seat, within 24
hours whenever the candidate has made cumulative expenditures of five thousand dollars
($5,000), ten thousand dollars ($10,000), fifteen thousand dollars($15,000), and so on in
multiples of five thousand. The notification shall state that the candidate has made cumulative
expenditures off4ve thousand dollars ($5,000) and so on in multiples of five thousand. All
notifications shall be made by facsimile transmission or guaranteed overnight snail.
Notification of expenditures by committee snaring independent expenditures.
Any committee which makes independent expenditures in support of or in opposition to any
candidate for supervisorial office shall notify the County Clerk-election:division and all
opponents running for the sane seat, within 24 hours whenever the committee has made
cumulative expenditures of five thousand dollars ($5,0£0),ten thousand dollars ( 10,000),
fifteen thousand dollars ($15,000) and so on in multiples of five thousand. The notification shall.
state that the com..mittee has made cumulative expenditures of five thousand dollars($5,000) and
so on in multiples of five thousand. All notifications shall be made by facsimile transmission or
guaranteed overnight mail.
(k) Exclusions. For purposes of this Article,expenditures(see California Government
Code section 82.025) 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 expenses related to assisting, serving, or communicating with constituents, or with carrying
out the official duties of the elected officer. "Office holder expenses" include but are not limited
to, (a)donations to charitable organizations, (b)the cost of postage, office supplies, stationary
and similar expenses related to the conduct or performance of the office holder's governmental
duties; (c)reasonable expenses for travel to conferences, seminars, educational events and
ORDINANCE NO. 99-
R �
similar activities related, to the o'flce holder's position; (d" the cost of books or publications
reasonable related to the office holder's position; (e) litigation expenses related to the office
Molder's actions as a supervisor. The expenses listed in :,Cies (a) through (e) shall not be
considered "office bolder expenses" if they are used in connection with any office holder's
campaign for a future term of office as a. Supervisor.
W 1payrnent of debt itself ,
o✓ L fl- S• �WS d S v
for expenditures made during prior campaigns for the office of supervisor.
(l) Adoption sof expenditure ceiling irrevocable. A candidate who adopts the
expenditure ceiling for a particular primary election, may not thereafter revolve his or her
adoption of the expenditure ceiling as to that election. A candidate who is not elected to office
in the primary election, eaters tyre runoff election, and adopts the expenditure ceiling for the
general election, may not thereafter revolve his or her adoption:of the expenditure ceiling as to
that election.
(Orris. 99- § 6, 98-6; 6-24, 95-47, 95-35, 95-8,)
_SE ,CI1 I- V-L1. Section 53€-2.7€ 8 is amended to read.:
530-2.708 Self funded candidates,
(a)� Self funded candidate defined. For purposes of this section, "self handed candidate"
means a supervisorial candidate who m=akes loans and contributions of his or her persornal hands
to his or her campaign or carr-paign committee, in the aggregate amount of more than tzxTenty
thousand dollars ($20,000.) For purposes of this section "contributions frond personal funds"
means contributions from the candidate and his or her immediate family by blood or ar;iage.
For purposes of this section "immediate farcrly"means spouse, children, parents, and siblings.
(b) Statement of intent to self fund. A candidate for a primary, general, or recall
election who intends to be a self funded candidate shall file with the County Clerk-election
division a statement,signed under penalty of perjury,which states that the candidate intends to
be a self"funded candidate. The candidate shall file the statement at the same time that the
candidate files his or her declaration of candidacy.
(c� Contribution limits for self funded candidates. Notwithstanding sections 530-
2.703, 530®2.704 and 530-2.7€17, for an election y`pl ,no self-funded candidate or his or her
campaign treasurer shall accept any contribution to or for the candidat or to or for any
committee authorized in writing by the candidate to accept contributions to him or her,which
will cause the total amount contributed by that person, committee or broad based political
committee in support of that candidate for that election cycle to exceed one hundred dollars
($100).
(d) Expenditure ceiling increased for opponent of self funded candidate, For an
election cycle, for a candidate who accepts the voluntary expenditure ceiling specified in section
53€3m2.707(b),the amount of the voluntary expenditure ceiling shall increase by thirty thousand
dollars ($30,000) if (1)the candidate's opponent(s)files a statement of intent to self fand or(2)
if without filing such a statement, the opponent makes loans and contributions of his or her
ORDINANCE NO. 99
6
personal <nds to his or her campaign or campaign committee, €^ the aggregate arno:rnt of more
than twenty thousand dollars ($20,000) and maces expenditures exceeding twenty thousand
dollars 1$20,000). f a candidate qualifies, for an increase in the voluntary expenditure ceiling
pursuant to this section, such increase shall be in addition to any other increase in the ceiling for
which the candidate qualifies under section 530-2.707. For a candidate who qualifies for an
increase in the ceiling under this section and section. 530-2..707(4) and/or (e) and/or(f), the
amount of the voluntary expenditure ceiling shall not exceed one hundred and sixty thousand
dollars ($160,000) in any event.
(Ord. 99- §7 , 98-6.)
fIC3 1II, E EE TI 'E 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 a newspaper published in this County.
PASSED C3 , by the following vote:
AYES:
NOES:
ABSET:
ABSTAIN.
ATT EST. PHIL BATCHELOR, Clerk of the
Board and County Administrator
By:
l_3eputy Board Chair
[SEAL]
AFL0%Mhh11199-3.WPD
ORDINANCE NO. 99-
f 7
VERSION 1A
ORDINANCE NI O. 99-
(Amendments to Division 530 Election Campaign)
The Contra Costa County Board of Supervisors ordains as follows (omitting the Parenthetical
footnotes from: the official text of the enacted or amended provisions ofthe County Ordinance
Code).
SECTIONT 1. S TURY, This ordinance arn.ends Division 530, Election Campaign, sections
530-2.703, 53£1-2.704, 530-2.706, 530-2.707, and 530-2,708 to provide that contribution limits
and the voluntary expenditure ceiling apply Per election cycle for super sriso al ca M-paigns. This
ordinance amends section 530-2,212 to modify the definition of election cycle. This ordinance
amends section 530-2.707 to provide that a candidate may adopt the voluntary expenditure
ceiling on the first day of the election cycle, and modifies the exclusion from the expenditure
ceiling, for the repayment of debt. This ordinance adds requirements for establishing eligibility
to receive an increase in the voluntary expenditure ceiling based on small contributions from
Persons residing in the supervisorial district and chi ages the&-nount of the, increase in the
ceiling. This ordina-qce becomes operative on April 1,2000.
SECTION 11. Section 530-2.212 is amended to reads
530-2°212 Election Cycle. An"election cycle"begins ini--,r-+' on the first clay of the
month following the month Lnwhich the statewide direct primary election is held or January P%
whichever cores first immediately following an election. An election cycle ends r.V-56'on
the last day of the month in which the statewide direct primary election is held or December 31',
whichever comes first, i nrnediately following the next election for the same office.
(Bros. 99- § 2, 8 -27, 84-9.)
S E CTIO'K M. section 530-2.703 is amended to read:
53€1-2.7€13 Individual campaign contributions.
(a) For a single county election cycle, no person or political committee(,-ther than the
candidate or a broad based political committee) shall make, and no candidate or campaign
treasurer shall accept, any contribution to or for a single candidate for County or to or
for a committee authorized in writing by the candidate to accept contributions to him or her,
which will cause the total amount contributed by that person or political committee in support of
that candidate for that election cycle to exceed one hundred dollars ($100), except as Provided in
subparagraph (b).
ORDINANCE NO. 99-
(b) For candidates who adopt the voluntary expenditure ceiling defined in section 530-
2.707, for a single county election cycle, no person or politica: co rs�ittee shall make. and no
candidate or carnpaign treasurer shall accept, any contribution to or for a single candidate for
Cour-ty Super-visor or to or for a corn it-M authorized in writing by the candidate to accept
contributions to him or her, which will cause,the total amount contributed by that person or
political committee in s'apport of that candidate for that election cycle to exceed seven hundred
a-nd fifty dollars(575:3).
(Ords. 99- § 11, 98-6, 96-48, 951-8.)
SECTIONN IV. Section 53€1-2.704 is amended to read.
530-2.704 Broad based political committee campaign contributions.
(a) dor a single county election cycle, no broad based politica:cornmittee shall make, and
no candidate or campaign treasurer shall accept, any contribution to or for a single candidate for
bounty S€pervisor or to or for a com.mittee authorized in writing by the candidate to accept
contr'bution,s to nim or her, which;brill,cause the total amount contributed by such broad, based
political comi mittee in support of that candidate for that election cycle to exceed tvvo thousand
five hundred dollars ( 2,5130), except as provided in subparagraph{b . dor a single election
cycle, the total aggregate amount of contributions fr+orn all broad based political committees
which a candidate may accept shall not exceed ten thousand dollars 0,000), except as
provided in subparagraph(b)below.
-1 or candidates who adopt the voluntary expen iture ceiling defined in section 530-
2.707, for a single county election cycle,no broad based political committee shall make and no
candidate or campaign treasurer shall accept, any contribution to or for a single candidate for
County Supervisor or to or for a committee authorized in writing by the candidate to accept
contributions to him or her,which will cause the total amount contributed by such broad based
Dolitica'committee in support of that candidate for that election cycle to exceed f=ve tbousaar:d
dollars(55,13013). or a single election cycle, the total aggregate amount of contributions from all
broad based political committees which a candidate may accept shall not exceed forty thousand
dollars($413,131)€0.
(Ords, 9- § 4, 98-6, 96-48, 95-8.)
SECTION V. Section 530-2.7136 is amended to read:
5311-2:7116 Limitation on personal loans. For a single county election cycle, no
candidate shall lend to his or her cam paign or controlled committee any amount in excess of
twenty thousand dollars($20,000).
(Ords. 99- § 5, 98-6, 96-48, 95-8.)
ORDINANCE NO.99---
2
S -10 ' Vl. Section 530-2.707 is amended to read:
530-2.707 Voluntary expenditure limits.
(a) Statement accepting expenditure ceiling. All 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). Before accepting any
con n,but ons within the amounts specified in sections 530-2.1103, subsection((b), and 530-2.704,
subsection(b), a candidate for a primary, general, or recall election must file with tape Coun y
Clerk-election division a statement signed ander 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, s " _ 1 , x - i
or, the first day of the electron cycle
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 general election, the candidate roust fine a separate
state Lent. 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
thirt)t days before the recall election.
(c)Amount of expenditure ceiling. For an election cycle, candidates who agree to
accept the voWr:tary expenditure ceiling shall not incur ca paign expenditures exceeding eighty
thousand dollars($50,000), except as set forth in subsections(d),(e) and( below.
(d)Increase in ceiling (small contributions from individuals).
(1) For an election cycle, a candidate who accepts the voluntary expenditure
ceiling and who raises twenty percent of the mount of that ceiling in contributions of one
hundred dollars($100)or less from individuals residing in the supervisorial district in which the
candidate stands or election, may incur -%f 0-,66&)trenty thousand doll&&-s
($20,0W) in carnpaign expenditures in addition to that amount perrnitted in subsection(c).
( ) To establish eligibility for this increase in the voluntary expenditure ceiling, a
candidate must . e a.small contributor report in the county clerk-election division ofce. The
report shall specify the mine and address of each small contributor,whether the small conutor
resides in the supervisorial district, and the date, aunt and,ty-pe of each contribution,such:as
monetary or nonmonetary(in-kind.contribution).
(e) Candidate whose opponent does not adopt ceiling. For an election cycle, for a
candidate who accepts the voluntary expenditure ceiling and whose opponent or opponents do
not accept the expenditure ceiling,the amount of the voluntary expenditure ceiling specified in
subsection (c) shall increase by eve thousand dollars($5,000) each time an opponent not
ORDINANCE NO.99
3
accepting the ceiling makes cu.nulative expenditures of sive thousand dollars (55,000,) To be
eligible for a five thousand dollar increase in the ceiling, the candidate must have received
disclosures pursuant to subsection(i) which show cumulative expenditures of five thousand
dollars ($5,000) by such opponent. Each subsequent increase in the ceiling must be based on
amounts disclosed pursuawnt to subsection (i) which were not counted for purposes of any
previous increase inn tie ceiling.
(f� Independent expenditures against candidate or on behalf of candidate's
opponent. For an election cycle, for a candidate who accepts the voluntary expenditure ceiling,
the amount of the voluntary expenditure ceiling specified in subsection(c) shall increase by five
thousand dollars ($5,000) each.time a committee which makes such independent expenditures in
the cumulative amount of five thousand dollars (55,000)0 To be eligible for a five thousand
dollar increase in the ceiling, the candidate must have received disclosures pursuant to subsection
( ; which show cumulative independent expenditures of five thousand dollars ($5,000)by the
committee in opposition to the candidate or iii support of the candidate's opponent(s). Example;
Candidate receives disclosure ofcommittee's independent expenditure of$1,000 to appose the
candidate and disclosure of committee's independent expenditure of$2,000 to support
candidate's opponent A and disclosure of committee's independent expenditure of$2,000 to
support candidate's opponent B. each subsequent five thousand dollar increase in the ceiling
must be based on amounts disclosed pursuant .o subsection (:) which were not counted for
purposes of any previous increase in the ceiling.
(g) Maximum. For a candidate who qualifies for an increase in the ceiling under
subsection (d) only, the amount of the voluntary expenditure ceiling shall not exceed
v ) one hundred thousand dollars ($100,000) in any event. Fora
candidate who qualifies for increases in the ceiling under subsection(e) or subsection(f; or bot n,
or under subsection(d) and subsection(e) and/or subsection(r�, the amount of the voluntary
expenditure ceiling shall not exceed one hundred and sixty thousand dollars (5;60,000) in any
event.
c e 4
.
(h) 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 subsections (d), (e) or(ft,who receives aggregate
contributions exceeding the amount of the expenditure ceiling specified in subsection:(c) shall
notify the CountyClerk-election division both by telephone and guaranteed overnight mail on the
dav such contributions exceeding that amount are received. A candidate, other than a candidate
who has accepted the voluntary expenditure ceiling and has quaiified to incur additional
campaign expen=ditures as specified in subsections (d), (e) or(r), who intakes aggregate
expenditures exceeding the amount of the expenditure ceiling specified in subsection.(c) shall
notify the county Gleno-election division both by telephone and guaranteed overnight mail on the
day such expenditures exceeding that amount are made. A candidate who leas accepted the
voluntary expenditure ceiling and has qualified to incur additional cam.paign expenditures as
specified in subsections(d), (e), or(f), who receives aggregate contributions exceeding the
amount of the respective ceiling specified in subsections (d), (e), or(f) shall notify the County
ORDINANCE NO. 99-
4
Clerk-election division both by telephone and guaranteed ove-Might mail on. the day such
contributions exceeding that amount are received. A candidate who has accepted the volunta-y
expenditure ceiling and who makes aggregate expenditures exceeding the amount ofthe
respective ceiling specified in s:ibsections(d), (e), or(f) shall notify the County Clerk-election.:
A, both by telephone and guaranteed overnight maH 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.
(i) Notification of expenditures by candidate who .has not adopted voluntary
expenditure ceiling, A candidate who has not adopted the voluntary expenditure ceiling shall
notify the County Clea-election division and all opponents running for the same seat, within. 24
hours whenever the candidate has made cumulative exDenditures of five thousand dollars
(55,000), ten thousand dollars( 1 OOO), fifteen thousand dollars ($15,000), and so on in
multiples ltiples of five thousand. The notification shall state that the candidate has made curnulative
expenditures of five thousand dollars ($5.000) and so on in multiples of five thousand. All
nc of catio rs shayl be made by facsimile transmission or guaranteed overnight nail..
Cj) Notification of expenditures by committee making independent expenditures.
Any committee which makes independent expenditures in support of or in opposition to any
candidate for supervisorial office shall notify the County Clerk-e'ection division and all
opponents running for the same seat, within 24 hours whenever the co:=i ittee has made
cu€u:ative expenditures of five thousand dollars ($5,000), ten thousand dollars (SIA0,000), fifteen.
thousand sand dollars ($15,000) anal so on in multiples of five thousand, The notification shall state
that the committee has made cumulative expends urev of five thousand dollars ( S,flC) and so on
m multiples of five thousand, ala notifications shall be made by facsimile transmission or
guaranteed overnight mail.
(1£) Exclusions. For purposes of this article, expenditures (see California Goverent
Codd section 82025) subject to the expenditure ceiling do not include.
(I) expenditures or campaigns for other offices;
(2) expenditures for carnpaigns for the office of Supervisor which occurred prior
to the ef'f'ective date of this ordinance;
(3) expenditures for office holder expenses. "Office bolder expenses"means
those expenses related to assisting, serving, or communicating with constituents, or with carrying
out the of-ficial duties of the elected offices. "Of ice horde:expenses" include but are not'limited.
to, (a) donations to charitable organizations; (b) the cost of postage, office supplies, stationary
and similar expenses related to the conduct or performance of the office holder's govern.omental
duties; (c) reasonable expenses for travel to conferences, seminars, educational events and
similar activities related to the office holder's position; (d) the cost of books or publications
reasonable related to the office holder's position; (e) litigation expenses related to the office
holder's actions as a supervisor. The expenses listed in items (a)through (e)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.
ORDINANCE NO. 99-
�o
(4)Repayment of debt, itself :d xi ldb x 4.1 a a 4✓ 1+«.`. A
for expenditures -,dig prior campaigns for the office sof s-u e isor.
(l)Adoption of expenditure ceiling irrevocable. A candidate who adopts the
expenditure ceiling for a particular primary election,may not thereafter revoke his or her
adoption of the expendivare ceiling as to that election. A candidate who is not elected to office in
the primary election, enters the runoff election, and adopts the expenditure ceiling for the general
election, may not thereafter revoke his or her adoption of the expenditure ceiling as to that
election.
(O ds. 99- § 6, 98-6, 96-24, 95-47, 35-35, 95-8.)
SECTION V11. Section:530«2,708 is amended to read,
30-2.708 Self funded candidates.
(a) Self funded candidate defted. For purposes of this section, "self fanded candidates'
means a supervisorial candidate who makes leans and contributions of his or her personal funds
to his or her ca paign or campaign corn-mittee, in the aggregate amount of more than twenty
thousand dollars (520,000.) For purposes of this section"contributions from personal finds"
ineans contributions from,the candidate and his or her immediate family by blood or n arriagv.
For purposes of this section"i-mediate family"-Weans spouse, children,parents, and siblings.
(b) Statement of intent to self fund. A candidate for a primary, general,or recall
election who intends to be a self funded candidate shall file with.the County lerK-election
di%lision a statement, signed under penalty of perry,which states that the candidate intends to
be a self funded candidate. The candidate shall file the statement at the sane time that the
candidate files his or her declaration of candidacy.
(c) Contribution limits for self funded candidates. Notwithstanding sections 530-
2.'103, 530-2.704 and 530-2<707, for an election cycle, no self-fended candidate or his or her
carnpaign treasurer shall accept any contribution to or for the candidate or to or for any
cd mr-zittee authorized in writing by the candidate to accept contributions to hni or her, which
wit cause the total amount contributed by that person, committee or bread basest political
committee in support of that candidate for that election cycle to exceed one hundred dollars
(s l 00).
(d) Expenditure ceiling increased for opponent of self funded candidate, For an
election:cycle, for a candidate who accepts the voluntary expenditure ceiling specified in secs on
530-2.707"b), the amount of the voluntary expenditure ceiling shall increase by thirty thousand
dollars ($30,000) if (l) the candidate's opponent(s) files a statement of intent to self fund or(2)
if without ding such a statement, the opponent r-napes loans and contrilauticsz�s gal his or her
pe_conal funds to his or her campaign or campaign committee, in the aggregate amount of more
tis sn twenty thousand dollars ($20,0.00) and makes expenditures exceeding twenty thousand
dollars ($20,000). If a,candidate qualifies for an increase in tie voluntary expenditure ceiling;
pursuant to this section~, such increase shall be in addition to any other increase in the ceiling for
ORDINANCE NO. 99®-
6
which the candidate qualifies under section 530-2.707. For a candidate who qualifies for an
increase in�the cei ine under this section and section 530-2.707(d) and/or(e) and/or(f),the
amount of'-, e volunta.-y expenditure ceiling shall not exceed one hundred and sixty thou-sand
dollars($160,000) in any event.
(Ord. 99- §7 , 986{.)
SECTION . OPERATIVE DATE, This ordinance becomes operative on April 1,200,0.
SECTION LX. EFFECTIVE DATE. This ordinance becomes e ective 30 days after passage and
within a5 days after passage shall be pub lis ed once with the nat-nes of supervisors voting for and
against it in the , a newspaper pifiblished in this County
PASSED ON - 9 by the following vote;
AYES.
NOES;
ABSENT`:
ABSTAIN:
ATTEST: PHIS. BA'I'CHELOR, Clerlk of the
Board and Clounty A.dnninistrator
By.
Deputy Board Chair
[SEAL]
FACA3MPAJGN\99-3A.w d
ORDINANCE NO. 99-
7
Y 9
VERSION 2
ORDINANCE IOe 99-
(Amendments to Division 530 Election Campaign)
The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical
footnotes ftom the official tee.of the enacted or amended provisions of the County Ordinance
Code).
1 SUN,4'AAR�, This ordinance amends Division 530, Election Campaign, sections
530-2.703, 530-2.704, 530-2.706, 530-2,707, and 530-2.708 to provide that contribution limits
and the voluntary expenditure ceiling appy per election cycle for supervisorial campaigns. This
ordinance amends section. 530-2.212 to modify the definition ofelection cycle. This ordinance
annelids section: 5.30-2.707 to provide that a candidate may adapt,he voluntary expenditure
ceiling on the first day of the election cycle. This ordinance provides for annual adjustment of
the voluntary expenditure ceiling based on changes in.Cpl and adds requirements for
establishing eligibility to receive an increase in the voluntary expenditure ceiling based on small
contributions from persons residing in the supervisorial district and changes the amount of that
increase in the ceiling,
EKTION I1, Section 530-2.212 is mended to read:
530-29212 Election.Cycle. An"election= cycle'begins 4uly4s on the first clay of the
monfQllo i g the n onth n Which the statewide direct primary dxectiorn is Isez or Januar 1',
whichever comes first immediately following an election, An election cycle enols 4,a�-on
Ihe'lst y. fte qIM
t ite te�ry direct priy eltio i ;hl orecennber 3 is',
whichever corpses first, immediately following the next election for the same office.
(Ords. 99- § 2, 86-27, 84-9.)
C 1 _Ill, Section 530-2303 is amended to read:
53€-2.703 Individual campaign contributions.
at or a single election.6yd e,no person or political committ€;e(other than the
candidate or a broad based political committee) shall make, and no candidate or campaign
treasurer shall accept, any contribution to or for a single candidate for County Supervisor or to or
for a committee authorized in writing by the candidate to accept contributions to hien or her,
which will case the total amount contributed by that person or political committee in support of
that candidate for that election cycle to exceed one hundred dollars ( 100), except as provided in
subparagraph (b).
ORDINANCE NO. 99
1
(b) For candidates who adopt the voluntary expenditure ceiling defined in section 530-
2.707, for a single county election cycle, no person or political committee shall snake, and no
candidate or campaign treasurer shall accept, any contribution to or for a single candidate for
County Supervisor or to or for a committee authorized in writing by the candidate to accept
contributions to him or her, which will cause the total amount contributed by that person or
political comm
ittee in support of that candidate for that election cycle to exceed seven hundred
and fiffly dollars($750).
(Ords. 99- § 3, 98-6, 96-48, 95-8.)
5aQTI` 2',N IV. Section. 530-2.704 is amended to read;
530-2.704 Broad based political committee campaign contributions.
(a)For a single county election cycle,no broad based political committee shall make, and
no candidate or campaign treasurer shall accept, any contribution to or for a single candidate for
County Supervisor or to or for a committee authorized in writing by the candidate to accept
contributions to him or her,which will cause the total amount contributed by such broad.based
political committee in support of that candidate for that election cycle to exceed two thousand
five hundred dollars ($2,5001), except as provided in subparagraph(b). For a single election
cycle,the total aggregate amount ofcontributions ftom all broad based political committees
which a candidate may accept shall not exceed ten thousand dollars ($101,0 00),except as
provided in subparagraph (b)below.
(b)For candidates who adopt the voluntary expenditure ceiling defined in section 5301-
2P707, for a single county election cycle,no broad based political committee shall snake and no
candidate or campaign treasurer shall accept, any contribution to or for a single candidate for
County Supervisor or to or for a committee authorized in writing by the candidate to accept
contributions to hire or her, which will cause the total amount contributed by such broad based
political committee in support of that candidate for that election cycle to exceed five thousand
dollars ($5,000)a 00)a For a single election 0yeld,the total aggregate amount of contributions from all
broad based political committees which a candidate may accept shall not exceed forty thousand
dollars($401,0010).
(Ords. 99- § 4, 98-6,96-489 95-8.)
CJ1QN V. Section 5301-2.7016 is amended to read.;
530-2.706 Limitation on personal loans. For a single county election cycle, no
candidate steal: lend to his or her campaign or controlled committee any amount in excess of
twenty thousand dollars($200,00000).
(Ords. 99- § 5, 98-6, 96-48,95-8)
ORDINANCE NO. 99-
2
SECTION ` l. Section 530-2.707 is amended to read:
53€1-2.707 Voluntary expenditure limits.
(a) Statement accepting expenditure ceiling. All 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). Before accepting any
contributions within the amounts specified in sections 530--2,703, subsection (b), and 530-2.704,
subsection(b), a candidate for a primary, general, or recall election must ftie with the County
Clerk-election division a statement signed under penalty of persury, which states that the
candidate adopts the expenditure ceiling specified in s bsection.(c)below.
(b)Time for filing statement adapting expenditure ceiling. I ne statement may be
flied by a candidate, other than a recall candidate, b: _ eA .
a z b
on the first day of the electidn cycle
anal 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 general election,the candidate must File a separate
statement. Such statement may be Bled at any time after the primary election results are final
=until thirty days prior to the general election. A recall candidate may fie 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 €af expenditure ceiling. For an election cycle, candidates who agree to
accept the voluntary expenditure ceiling snail not incur campaign expenditures exceeding eighty
..ousand dollars ($80,000),except as set forth ire subsections(d), (e) and()belowv. fictive
1.-2000 d anally j :thprqa 4 aunt, - vou� expdit
eci in shall 6 incrc ed b e rcen e a er n g ' nc e sein e an
nci d, a li n ;C st me : d eor rs for thener, �
prior mac ann � Cd��y Icrk shl poke a � �e. ol�nty epit3
eiing � � #� amort ce
' � ,,. ; " � dd pa
(d)Increase in ceiling(small contributions fr€am'individuals).
('1.) For an election cy j , a candidate who accepts the voluntary expenditure
ceiling and who raises,twenty percent of the amount of that ceiling in contributions of one
hundred dollars ($100) or less from individuals residing in the supervisorial distract in which the
candidate stands for election, may incur _ , twventy thousand drill rs
($205000) in campaign expenditures in addition to that amount permitted in subsection(c)a
M To establish el iblli for this increase in the voluntary expenditure cciling,a
candidate must file a small contributor report in the county clerk-election division office. e
report sh all specify the name and address of each small contributor,whether the small
contributor resides in the supervisorial district, and the date, amount and type of each
contribution, such as monetary or nonmonetary(in-lid contribution). 'Me County Clerk shall
review the report and all campaign statements filed by the candidate to veru a)that the listed
small contributors reside in the supervisorial district in which the candidate stands for election,
ORDINANCE NO. 99-
3
b)that no listed small contributor Inas contributed more than $100 to the candidate during the
election cycle, and c)that in the aggregate all of tie eligible reported small contributions total
twe qty percent of the amount of the voluntary expenditure ceiling. If the bounty Clerk vermes
each of these items,he shall notify the candidate in writing that the candidate has qualiL ed for
the increase in the voluntary expenditure ceiling specified in this subsection. Only a candidate
who has received such written notice f:om the County Clerk shall be untitled to make additional
campaign expenditures as specified in subsection(l) above.
(e) Candidate whose opponent does not adopt ceiling. For an election cycle, for a.
candidate who accepts the voluntary expenditure ceiling and whose opponent or opponents do
not accept the expenditure ceiling,the amount of the voluntary expenditure ceiling specified in
subsection(c) shall increase by five thousand dollars ($5,000) each time an opponent not
accepting the ceiling makes cumulative expenditures of five tiousand dollars($5,000.) To be
eligible for a five thousand dollar increase in the ceiling, the candidate gust have received
disclosures pursuant to subsections(i)which show cumulative expenditures of five thousand
dollars ($5,000)by such opponent, Each subsequent increase in the ceiling:rust be based on
amounts disclosed pursuant to subsection (i)which were not counted for purposes of any
previous increase in the ceiling,
(f) Independent expenditures against candidate or on behalf of candidate's
opponent. For an election cycle, for a candidate who accepts the voluntary expenditure ceiling,
the amount of the voluntary expenditure ceiling specified in subsection (c) shall increase by five
thousand dollars ($5,000) each time a committee which males such independent expenditures in
the cumulative amount of five thousand.dollars ($5$000). To be eligible for a five thousand
dollar increase in the ceiling, the candidate must have received disclosures pursuant to
subsection 0)which show cumulative independent expenditures of five thousand dollars
($5,000)by the committee in opposition to the candidate or in support of the candidate's
opponent(s). Example. Candidate receives disclosure of committee's independent expenditure of
1,000 to oppose the candidate and disclosure of committee's independent expenditure of$2,000
to support candidate's opponent A avnd disclosure of committee's independent expenditure of
52,000 to support candidate's opponent B. Each subsequent five thousand dollar increase in the
ceiling must be based on amounts disclosed pursuant to subsection (,j)which were not counted
for purposes of any previous increase in the ceiling.
(g) Maximum. For a candidate who qualifies for an increase in the ceiling under
subsection(d)only,the amount of the voluntary expenditure ceiling shall not exceed nimty
thousmid dollars "'90,000)the amount of the,voluntary ekpend" ceili�fg specified in
sus 0 l* e:above, ju ttd.ss rovided d`i ln, plus twenty t ous €d dollars($2%000) in any
event. For a candidate who qualifies for increases in the ceiling under subsection(e) or
subsection(f) or both, or under subsection(d) and subsection(e) and/or subsection (f), the
amount of the voluntary expenditure ceiling shall not exceed one hundred and sixty thousand
dollars ($160,000) in any event.
(h) 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
ORDINANCE NO. 99--
14
campa.gn expenditures as specified in subsections (d), (e) or (f), who receives aggregate
contributions exceeding the amount of tine expenditure ceiling specified in subsection (c) shall
notify the County Clerk election division both by telephone and guaranteed overnight inail 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 cam-oaign expenditures as specified in subsections (d), (e) or(f), who males aggregate
expenditures exceeding the amount of the expenditure ceiling specified in subsection (c) shall
notify the county Clerk-election division both by telephone and guaranteed overnight mail on the
day such expenditures exceeding that amount are rade. A candidate who has accepted the
volutitary expenditure ceiling and has qualified to incur additional campaigns expenditures as
specified in subsections (d), (e), or(f), who receives aggregate contributions exceeding the
amount of the respective ceiling specified in subsections(d), (e), or(f) shall notify the County
Clerk-election division both by telephone and guaranteed overnight rail on the day such
contributions exceeding that amount are received. A candidate who has accepted the voluntary
expenditure ceiling and who makes aggregate expenditures exceeding the amount of the
respective ceiling specified in subsections (d), (e), or(f) shall notify the County Cler<-.-election
division bath by telephone and guaranteed overnight rail on the day such-expenditures
exceeding that.amount are:Wade. If the day on which notice is required is no,a business day,
notice shall be given on the next business day.
(i)Notification of expenditures by candidate when has not adopted voluntary
expenditure ceiling. A candidate who has not adopted the voluntary expenditure ceiling shall
notify the County Clem-election division and ail opponents nanning for the same seat; within 24
hours wherever the candidate has made cumulative enenditures of five thousand dollars
MAO),ten thousand dollars ($10,000),00), fifteen thousand dollars ($15,00+0),and so on in
multiples of five thousand. `fly<e notification shall state that the candidate has made cumulative
expenditures of five thousand dollars($5,000) and so on in multiples of five thousand. All
notifications shall be rade by facsimile transmission or guaranteed overnight rail.
) Notification of expenditures by committee raping independent expenditures.
Any committee which makes independent expenditures in support of or in opposition to any
candidate for supervisorial offlice shall notify the County Clerk-election division and all
opponents running for the same seat,within.24 hours whenever the committee has made
cumu expenditures of five thousand dollars( 5,€00), ten thousand dollars($10,000),
fifteen thousand dollars ($15,000) and so on in multiples of five thousand. The notification shall
state that the committee has made cumulative expenditures of five thousand dollars ($5,404) and
so on in Multiples of five thousand. All notifications shall be made by facsimile transmission or
guaranteed overnight mail.
(k) Exclusions. For purposes of this Article,expenditures (see California Gov-ernment
Code section 82025) 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;
ORDINANCE NO. 99
5
(3) expenditures for of ce holder expenses. "Office holder expenses" means
those expenses related to assisting, serving, or co-nm unicating with constituents, or with.. carrying
out the ofA c a deities of the elected officer. "Office holder expenses" include "Out are not limited
to, (a) donations to charitable organizations; (b) the cost of postage, office supplies, stationary
and similar expenses related to the conduct or performance of the office holder's governmental
duties, (c) reasonable expenses for gavel to conferences, seminars, educational events and
similar activities related to the office holder's position; (d) the cost of books or publications
reasonable related to the office holder's position; (e) litigation expenses related to the office
holder's actions as a supervisor. The expenses listed in items (a) through(e) shall not be
considered "office bolder expenses" if they are used in connection with any office holder's
campaign for a.filture term of office as a Supervisor.
(4) Repayment of debt itself . b � a
for expenditures made during prior campaigns for the office of supervisor.
(1) adoption of expenditure ceiling irrevocable. A candidate who adopts the
expenditure ceiling for a particular primary election, may not thereafter revoke his or her
adoption of the expenditure ceiling as to that election. A candidate who is not elected to office
in the primary election, enters the runoff election, and adopts the expenditure ceiling for the
general election, may not thereafter revoke his or her adoption of the expenditure ceiling as to
that election.
(Oros. 99- § 6, 98-6, 95-24, 95-47, 95-35, 95-8.)
SES T I�-N`SIL Section 530-2.708 is amended to read:
530-2.708 Self funded candidates.
(a) Self funded candidate defined. For purposes of this section., "self fended candidate"
means a supervisorial candidate who makes loans and contributions of his or her personal fonds
to his or her campaign or campaign committee, in the aggregate amount of more than twenty
thousand dollars($20,000.) For purposes of this section G6contributions from personal funds"
means contributions from the candidate and his or her immediate family by brood or marriage.
For purposes of this section` immediate family" means spouse, children,parents, and siblings.
(b) Statement of intent to self fund. A candidate for a primary, general, or recall
election who intends to be a self funded candidate shall file with the CountyClerk-election
division a statement, signed under penalty of perjury,which states that the candidate intends to
be a self funded candidates The candidate shall file the statement at the same time that tape
candidate files his or her declaration of candidacy.
(c) Contribution limits for self funded candidates. Not-withstanding sections 530-
1703, 533-2.704 and 530-2.707, for an election cycle, no self-funded candidate or his or her
campaign treasurer shall accept any contribution to or for the candidate or to or for any
committee authorized in writing by the candidate to accept contributions to him or her, which
will cause the total amount contributed by that person, committee or broad based political
committee in support of that candidate for that election cycle to exceed one hundred dollars
($'100).
ORDINANCE NO. 99--
6
(d) Expenditure ceiling increased for opponent of sell'funded candidate, For an
election, cycle, for a candidate who accepts the voluntary expenditure ceiling specified in section
530-2.707(b), the amount of the voluntary expenditure ceiling diall increase by thirty thousand
dollars ($30,000) if: (l) the candidate's opponent(s) files a statement of intent to self fund or (2)
it"witl:out filing such a statement, the opponent makes `•_oars and contributions of his or her
personal L'nds to his or her campaign or campaign committee, in the aggregate amount of more
than twenty thousand dollars ($20,000) and makes expenditures exceeding twenty thousand
dollars ($20,000). If candidate qualifies for an increase in the voluntary expenditure ceiling
pursuant to this section, such increase shah be in addition to any otre. increase in the ceding for
which the candidate qualifiesunder section 530-2.707. For a candidate who qualifies for an
increase in the ceiling under this section and section 530a2.707(d) and/or(e) and/or(f'), the
amount of the voluntary expenditure ceiling shall not exceed one hundred arra sixty thousand
dollars ($163,000) in any event,
(Ora. ss- §7 , 98-6.)
SECTION VIII. E fE TIVB QJE. 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 it the , a newspaper published in this County.
PASSED O , by the following vote.
AYES:
NOES,
ABSENT:
ABSTAIN:
ATTEST- PHII_ BATCHELOR, Clerk of the
Board.and County Administrator
By:
Deputy Board Chair
[SEAL]
€AF�c\MAM\99-4.WPD
ORDINANCE NO. 99-
7
VERSION 2A
99--
(An, endrnents to Division 530 Election Campaign)
The Contra Costa County Board of Suplervisors ordains as follows (ornitting the parenthetical
footnotes from the official text of the enacted or amended provisions of the County Ordinance
Code').
SECTION 1. SUM-MARY. This ordinance amends Diviision 530, Election Campaign, sections
530-2.7 03, 530-2.704, 530-2.706, 530-2.707, and 530-2.708 to provide that contribution limits
and the voluntary expenditure ceiling apply per election cycle for spervisorial ca€npais. This
ordinance amends section 530-:x.212 to modify the definition of election cycled This ordinance
amends section 530-2.707 to Prov.-de drat a candidate may adopt the vol-rotary expenditure
ceiling on the first day of the election cycle. This ordinance provides for annual adjustment of
the vc,1ur=tary expenditure ceiling based on changes in Cpl and adds requirements for establishir_g
eligibility to receive an increase in the voluntary expenditure ceiling based on small contributions
f-om persons residing in the supervisorial distrrc, arid, changes the awn.ount of that increase in the
ceiling. This ordinance becomes operative on April 1, 2000.
SECTION H. Section 530-2.212 is amended to read:
530-2.212 Election Cycle. An`election cycle"begins Rt�.' on the first day of the
month followinng the month in which the statewide direct primary election is held or January V,
whichever comes first immediately following an election. An election cycle ends 3e 'on
the last day of the month in which the statewide direct primary election is held or Decernber 315`;
whichever comes first, immediately following the next election for the same office.
(Ords. 99- § 2, 86-27, 84-9.)
ECTIGIN M. Section 530-2.703 is mended to read.
534-2.703 Individual campaign contributions.
(a)For a single county electron cycle, no person or political committee(other than the
candidate or a broad based political committee)shall rnalke, and no candidate or campaign
treasurer shall accept, any contribution,to or for a single candidate for County Supervisor or to or
for a committee authorized in writing by the candidate to accept contributions to him or her,
which w . cause the total amount contributed by that person or political committee in support of
that candidate for that-.lection cycle to exceed one hundred dollars(S10=3), except as prodded in
subparagraph (b).
ORDINANCE NO.9 -
(b)For candidates who adopt the voluntary expenditure ceiling defined in section 530-
2.77, for a single county election cycle, no person or political committee shall make, and no
candidate or campaign treasurer shall accept, any contribution to or for a single candidate for
County Supervisor or to or for a committee authorized in writing by the candidate to accept
contributions to hhm or her, which will cause the tota.i amount contributed by that person o.-
political cornmittee in support of that candidate for that election.cycle to exceed seven hundred
and fifty dollars ($750).
(Oros. 99- § 3, 98-6, 96-48, 95-&)
SECTION IV. Section 530-2.704 is amended to read;
530-2,704 Broad based political committee campaign contributions.
(a)) For a single county election cycle, no broad based political co.nnxittee shall make, and
Bio candidate or campaign treasurer shall accept, any contributionto or for a single candidate for
County Supervisor or to or for a committee authorized in v✓riting by the candidate to accept
contributions to hire or her, which will. cease the total amount contributed by such broad based
political committee in support of that candidate for that election cycle to exceed two thousand
five hundred dollars($2,500', except as provided in subparagraph(b). For a single election
cycle, the tote. aggregate amount of contributions ftom all broad based political committees
wh ch a candidate may accept shall not exceed ter thousand dollars ( i 0,000), except as
provided in subparagraph (,s below.
(b) -For candidates who adopt the voluntary expenditure ceiling defined in section 530-
2,707,
30-2.707, for a single county election cycle, no broad based political cornrnsittee dial:make and no
candidate or campaign treasurer shall accept, any contribution to or for a single candidate for
County Supervisor or to or for a committee authorized in writing by the candidate to accept
contri Aions to h-m. or her, which wH' cause the total amount cont bated by each broad based
political committee in support ofthat candidate for that election cycle to exceed fve thousand
dollars ($5,000). For a single election cycle, the total aggregate amount of contributions from all
broad based political committees which a candidate may accept shall not exceed forty thousand
dollars `$40,b00).
(Ords. 99- § 4, 95-6, 96-48, 95-8,)
SECTION' V. Section 530-2.706 is amended to read°
530-2.706 Lin-dtation on personal loans. For a single county election cycle, no
candidate shall lend to his or her campaign or controlled committee any amount in excess of
twenty thousand dollars (S20,000).
(Ords. 99- § 5s 98-6, 96-48, 95-8.)
ORDINANCE NO. 99-
2
SECTION V1. Section 530-2.707 is amended to read:
53€1-2.747 Voluntary expenditure limits.
(a) Statement accepting expenditure ceiling. All candidates who adopt the expenditure
ceiling specified in subsection (c) may accept contributions in f-he amounts specified in section
530-2.703, subsection(b) acid section 530-2.7€14, subsection(b). Before accepting any
contributions within the a*nounts specified in sections 53€-2.703, subsection(b), and 530-2.704,
subsection Co), a candidate for a primary, genera}, or recall election must file with the County
Clem-election division a statement signed under penalty of perjury, which states that the
candidate adapts the expenditure ceiling specified, in subsection(c)bele.
(b)Time for filing statement adopting expenditure ceiling. The statement may be
filed by a candidate, other than a recall candidate, _at Mly time-after that datc,V-+ich is d W
months bethe priinw-yeiection f6t thl' U bba d on the first day of the election cyc_'e
and until, such time as the candidate files his or her declaration of candidacy. 1n 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 general election., the candidate roust file a separate
statement. Such statement may be fired at any time after the primary election results are finial
until thirty Ways prior to the general election. A recall candidate rr�ay Elle the staterne�t adopting
the expenditure wiling 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. For an election cycle, candidates who agree to
accept the voluntary expenditure ceiling shall not in : r campaign expenditures exceeding eighty
thousand dollars($80,000), except as set forth in subsections:d), (e) and(f)below. Effective
January 1, 2000, and annually January 1,thereafter,the a: ount of the voluntary expenditure
ceiling shall be increased by the same percentage as the percentage increase in the San
Francisco\Oakland Consumer Price Index for urban Wage Earners and'Clerical' porkers for the
prior year, Each Januarny,the County CleFk shall post the amount of the voluntary expenditure
ceiling as adjusted and the amount which is twenty percent of that adjusted ceiling.
(d)Increase in ceiling(small contributions from.individuals).
(1) For 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 one
hundred dollars($10 )or less from individuals residing in.the supervisorial district in which the
candidate shads for election, may incur tc � �cl-do* ,s i twenty thousand drily
($20,000) in campaign expenditures in addition to that amount'veno teed in subsection (c).
(2) To establish eligibility for this increase in the voluntary expenditure ceiling, a
candidate must file a small contributor report in the county clerk-election division office. The
report shall specify the name and address of each small contributor,whether the small contributor
resides in the supervisorial district, and the date, amount and type of each contribution,such as
monetary or nonmonetary(in-kind contribution).
ORDINANCE NO. gg®
3
(e) Candidate whose opponent does not adopt ceiling. For&-i election cycle, for a
candidate who accepts the voluntary expenditure ceiling and whose opponent or opponents do
nol, accept the expensditure ceiling, the amount of the voluntary expenditure ceiling specified in
subsection (c) shall increase by five thousand dollars ($5,000) each time an opponent not
accenting the ceiling makes cumulative expenditures of five thousand dollars ($5,000.) Tobe
eligible for a five thousand dollar increase in the ceiling, the candidate rust have received
disclosures pursuant to subsection (i) which shove cumulative expenditures of five thousand
dollars ($5,000)by such opponent. Each subsequent increase in the ceiling must be based on
amounts disclosed pursuant to subsection (i) which were not courted for purposes of any
previou=s increase ire the ceiling.
if independent expenditures against candidate or on behalf of candidate's
opponent. For ars election cycle, for a candidate who accepts the voluntary expenditure ceiling,
the amount otr t ie voluntary expenditure ceiling specified in subsection(c) shall increase by five
thousand dollars ($5,000) each time a corn:nittee which snakes such independent expenditures in
the cumulative amount of five thousand dollars ($5,00€1). To be eligible for a five thou=sand
d--liar increase in the ceiling, the candidate must have received disclosures pursuant to subsenon
C.) which show curiulative independent expenditures of five thousand dollars ($5,000) by the
co nmittee in opposition to the can=didate or in support of the candidate's opponent(s). Example:
Candidate receives disciosare of cornrr:ittee's independent expenditure of$1,000 to oppose the
can=didate and disclosure of committee's independent expenditure of$2,000 to support
cardidate's opponent A and disclosure of committee's independent expenditure of$2,000 to
sunpDorb candidate's opponent B. each subsequent five thousand dollar increa=se in the ceiling
Must be based on amounts disclosed pursuant to subsection; 0)which were not courted for
purposes of any previous increase in the ceiling.
(g) 'Maximum.. For a candidate who qualifies for an increase in the ceiling ander
subsection(d)only, the amount of the voluntary expensditurre ceiling shall not exceed
l d the amount of the voluntary expenditure ceiling specified in
subsection(c) above, adjusted as provided therein,plus twenty thousand dollars($20,000) in any
ev;nt, For a candidate who qualifies for increases in the ceiling under subsection.(e) or
subsection. (f) or both, or under subsection (d) and subsection(e) and/or subsection (}, the
amount of the voluntary expenditure ceiling shall not exceed one hundred and sixty thousand
dollars ($160,000) in any event.
(h) 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 subsections (d), (e)or(f), who receives aggregate
contributions exceeding the amount of the expenditure ceiling specified in subsection(c) shall
no6N,-the County Clerk-erection division both by telephone and guaranteed overnight mail on the
d, ' such contributions exceeding that amount are received. A candidate, other than a candidate
w'io has accepted the voluntary expenditure ceiling and has qualified to incur addition=al
campaign expenditures as specified in subsections (d), (e) or(f), who makes aggregate
ORDINANCE NO.99-
4
expenditures exceeding the amount of the expenditure ceiling specified in subsection (c) shall
notify the county Jerk-election division both by telephone and guaranteed overnight mail on the
day such expenditures exceeding that am-, ount are grade. A candidate who has accepted the
voluntary expenditure ceiling and has qualified to incur additional campaign expenditures as
specified in subsections (d', (e):or(f), who receives ag ,�ega e contr butions exceeding Lhe
amount of respective ceiling specified in subsections(d)9 (e), or(f) shall notify the County
Clea-election division both by telephone and guaranteed overnight mail on the day such
contributions exceeding that anount are received. A candidateWho has accepted the voluntary
expenditure ceiling and who makes aggregate expenditures exceeding the amount of the
respective ceiling specialed in subsections (d), (e), or(t") shall notify the County Clerk-election
division bath by telephone and guaranteed overnight Nail on the day such expendit=ures
exceeding that arrnount are made. If the day on which notice is required is not a business day,
notice shall be given on the next business day.
(i) Notification of expenditures by candidate who has not adopted voluntary
expenditure ceiling. A candidate who has not adopted the voluntary expenditure ceiling sh ll
notify the County Clerk-election division and all opponents running for the same seat,within 24
hours whenever the candidate has made cumulative expenditures of five thousand dollars
($5,000), ben thousand dollars($10,000), fifteen thousand dollars ($15,000), and so on in
multiples of five thousand. The notification shall state that the candidate has made cumulative
expenditures of five thousand dollars ($5,000) and so on in multiples of five thousand. All
notifications shall be made by facsiLmile transmission or g4uaraunteed overnight mail.
0) Notification of expenditures by committee marling independent expenditures.
Any committee which lances independent expenditures in support of or in opposition to any
candidate for supervisorial off ce shall notify the County Clerk-election division and all
opponents running for the same seat, within 24 hours whenever the committee has made
cumulative expenditures offive thousand dollars (S5,000), ten thousand dollars( 10,000), f"i.
thousand dollars(S 15,000) and so on in multiples of five tthousand. The notification shall stare
that the committee has made cumulative expenditures of five thousand dollars ($5,000) amend so on
m multiples of five thousand. All notifications shall be made by facsimile transmission or
guaranteed overnight mail.
(k) Exclusions. For purposes of this Article, expenditures (see California Government
Code section 82025) subject to the expenditure ceiling do not include:
(-) 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 expenses related to assisting, serving, or communicating with constituents, or with carrying
out the official duties of the elected officer. "Office holder expenses" include but are not invited
to, (a)donations to charitable organizations; (b)the cost ofpostage, office suppI e', stationary
and similar expenses related to the conduct or performance of the office holder's governmental
ORDINANCE NO. 99-
5
d ties5 (c)reasonable expenses for travel to conferences, serninars, educational events and
similar activities related to the office h.older's�position; (d) the cost of books or publications
reasonable related to the office holder's position; (e) litigation expenses related to the office
Iolder's actions as supervisor. expenses listed items throughshall not be
considered "office holder expenses" if they are used in connection with any office holder's
ca.-,npaig.,i for a future terra of office as a Supervisor.
(4) epayrnent of debt itself md foliowing -ciection
for expenditures made during prier campaigns for the office of supervisor.
(l) Adoption of expenditure ceiling irrevocable. A candidate who adopts the
expenditure ceiling for a particular primary election, may not thereafter revoke his or her
adoption of-the expenditure ceiling as to that election. A candidate who is not elected to office in
the primary election, enters the runoff election, and adopts the expenditure ceiling for the general
election, may not thereafter revoke his or her adoption of the expenditure ceiling as to that
election.
(Ords. 99- § 6, 98-6, 96-24, 95-47, 95-35, 95-8.)
SECTIONN' V11. Section 530-2.705 is amended to read:
530-2.708 Self fended candidates.
(a) Self funded candidate defined.ed. For purposes of this section, "self funded candidate"
means a supervisorial candidate who Makes boons and contributions of his or her personal farads
to his or her campaign or can,paign committee, in the aggregate amount of more than twenty
thousand dollars ($20,000.) For purposes of this section."contributions from personal funds"
leans contributions from the candidate and his or he!'immediate family by blood or marriage.
For purposes of this section"inimediate family"means spouse, children,parents, and sibkings.
Statement of intent to self fund. A candidate for a primary, general, or recall
election who intends to be a self'funded candidate shall file with the County Clerk election
division a statement, signed under penalty of perjury, which states that the candidate intends to
be a self funded candidate. The candidate shall file the statement at the same time that the
candidate files his or her declaration of candidacy.
(c) Contribution limits for self funded candidates. Notwithstanding sections 530-
2.703, 530-2.704 and 530-2.11 07, for an election cycle, no self-funded candidate or his or her
ca.ynpaign treasurer shall accept any contribution to or for the candidate or to or for any
committee authorized in writing by the candidate to accept contributions to hen or her,which
will cause the total amount contributed by that person, committee or broad based political
committee in support of that candidate for that election:cycle to exceed one hundred dollars
(d) Expenditure ceiling inereased for opponent of self funded candidate. For an
election cycle, for a candidate who accepts the voluntary expenditure ceiling speci led in section
530-2.707(b), the amount of the voluntary expenditure ceiling-balll increase by thirty thousand
dollars ($30,000) if: ( )the candidate's opponent(s) files a statement of intent to self fond or(2)
if without filing such a statement,the opponent makes loans and contributions of his or her
.ersonal funds to his or tier campaign or campaign committee, in the aggregate amount of more
than xe:nty thousand dollars($20,000) and makes expenditures exceeding twenty thousand
dollars ($20,000). If a candidate qualifies for an increase in the voluntary expenditure ceiling
pursuant to this section, such increase shall be in addition to any other increase in the ceiling for
which the candidate qualifies under section 530-2.707. For a candidate who qualifies for an
increase in the ceiing under this section and Lection 530-2.707(d) and/or(e) and/or(f), the
amount of the voluntary expenditure ceiling shall not exceed one hundred and sixty thousand
dollars($160,000) in any evert.
(Oro. 99- §7 , 98-5.)
-SECTION . OPERATIVE DATE. This ordinance becomes operative on April I,2000.
SECTMN IX. EFMQTIVE DAT This ordinance becomes erfective 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 nMspaper published in this County.
PASSED ON ,by the following vote:
AYES:
NOES:
ABSErb:
ABSTAIN:
ATTEST: PHIL BATCHELOR, Clerk of the
Boar: and County Administrator
By:
Deputy Board Chair
[SEAL]
'B AMPAIGN\94-4A.wp
ORDINANCE NO. 99-r__
'1