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Home My WebLink AboutMINUTES - 09141999 - C9 QHUNAN-CE_N0.-22 4 (Amendments to Division 530 Election Campaign; 'rhe Contra Costa County Board of Supervisors ordains as follows (omitting the parenthet°cal footnotes frown the off cial text of the enacted sur amended provisions of the dour ty' Ordinance Code' CjLQ,N' L Sj�- SJAEM This ordinance amends Division 530, Election Campaign, sections 530-2.703, 530-2.704, 530-2.7€16, 530-2.707, and 530.2.708 to provide that contribution limits and the voluntary expenditure ceiling apply per ellection cycle for supervisorial care airs. This ordinance amends section 530-2.2:2 to modify the definition of election cycle. This ordinance amends section 530-2.707 to provide that a candidate may adopt the voluntary expenditure ce'I'ng on the first day of the eleco-ior. cycle. This ordinance provides for annual adjustment of the vo_witary expenditure ceiling based on changes in-CPl and adds requirements for estaol.s rif g eligibility to receive an increase in the voluntary expenditure ceilin=g based on small contrib;.�tions from, persons residingin the supervisorial district and charges the amount of that increase ire the ceiling. section 530-2.212 is amended to read. 530-2.212 Election Cycle. An. "election cycle"begins on the first day of the Mont-1.1 follocvin the :month it which the statewide direct pr mary election is held or January V, whichever cornes first immediately following an election. An election cycle ends on the last day of the rnonth in which the statewide direct primary election is he`d.or December 31",whichever cores first, immediately following the next election for the sam,- office. (Ords. 99-4 § 2, 86-27, 84-9.) .C.I N ill. Section 530-2.703 is amended to read: 530-287€13 Individual campaign contributions. s. (a)For a single county elect-lon cycle, no person or political committee(other than the candidate or a broad based political -committee) shall make, and no candidate or carnpaign treasurer shall accept,any contribution to or for a single candidate for County supervisor or to or for a committee authorized in writUng by the candidate to accept contributions to him or her, which wi 1 cause the total a o t contributed by that person. or political committee in support of that candidate for that election cycle to exceed one hundred dollars ($1010, except as presvided ire subparagraph (b). ORDINANCE NO. 9 m40 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" 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 commiaece authorized in "Amling by the candidate to accept contributions to him or her,which will cause the total amount contributed by that person or political committee in sun ort of that candidate for that election cycle to exceed seven hundred I p and fifty dollars ($750). (Orris. 99-40 § 3, 98-6, 96-48, 95-8.) V , Section 530-2.7/04 is amended to read: 530-2.704 Broad based political committee campaign contributions. (a)For a single county election cycle, no broad used political committee shall rnak--, 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 used political commteein support of that candidate for that,election cycle to exceed vvo thousand flive hundred dollars ($2,500), except as provided in subparagraph (b). 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 ten thousand dollars ($10,000), except as provided in subparagraph (b) below. (b)For candidates who adopt the voluntary expenditure 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 contribu-ions to him or her, which will cause the total arnount,contributed by such broad based political committee in support of that candidate for that election cycle to exceed five thousand dollars For a single election cycle,the total aggregate amount of contributions froom all broad based political cornu-n-Ittees which a candidate may accept shall not exceed forty thousand dollars ($40,000), (Ords. 99-40 § 4, 98-6, 96-48, 915-8.) Section 530-2.706 is amended to read: 530-2.706 Limitation on personal loans. For a single county -election cycle,no a candidate shall 'lend to his or her campaign or controlled committee any amount in excess of twenty thousand dollars(52,0,0€0). 99-40 & 5,98-6, 96-48, 95-8.) ORDINANCE NO. 99-40 2 aE_CjLQN_, '-CLI 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 ce-."I;-ng specified in subsection (c)may accept contributions in the amounts specified n 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 file with the County CleeK-election division a statement signed under penalty of perjury, wl hich 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 filled by a candidate, other than a recall candidate, on the first day 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 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 filed at any time after the primary election results are final until thirty days prior to the general election. A recall candidate array file the statement adopting the expenditure ceiling at any time after the date the recall measure is certified for the ballot until thirty days before the recall election. (c) Amount of expenditure ceiling. 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(fl) below, ELF.ectivv January 1, 2000, and annually January 1, thereafter,the amount of the voluntary expenditure ceiling shall be increased by the same percentage as the percentage increase in the San Fran--isco\Oakland Consumer Price Index for Urban Wage Earners and Clerical. Workers for the prior year. Each January, the County Clerk shall post the amount of the voluntary expenditure ceiling as adj-usted 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 ofthe amount of"that ceiling in contributions of one hundred dollars ($100) or less from individuals residing 111 the supervisorial district in which the candidate stands for election, may incur twenty thousand dollars ($205000) in campaign expenditures in addition to that arnourit"permitted in subsection (c). (2) To establish eligibility for this increase in the voluntary expenditure ceiling, a candidate must fill- 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, aniount and type of each contribution, such as monetary or nonmonetary (in-kind contribution). ORDINANCE NO. 99-40 3 (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 expendftures 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 five thousand dollars ('$5,000)by such opponent. Each subsequent increase in the ceiling must be based or, amounts disclosed pursuant to subsection (J.)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 arnount 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(S5,000). To be eligible for a five thousand dollar increase in the ceiling,the candidate must have received disclosures pursuant to subsection 0)which snow 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 cominittee's independent expenditure of $1,000 to oppose the candidate and disclosure of comrnittee*s independent expenditure of$2,000 to support candidate's opponent A and disclosure of committee's independent expenditure of $2,000 to sup-Dort candidate's opponent B. Each subsequent-live thousand dollar increaseinthe cei"'ing must be based on amounts disclosed pursuant to subsection 0)which were not counted for purposes of any previous increase In the ceiling. (g) Maximum, For a candidate who qualifies for anincreasein the ceiling under subsection (d) only,the amount of the voluntary expenditure ceiling shall not exceed the amount of the voluntary expenditure ceiling specified in subsection (c)above, adjusted as provided theret i fin,plus twenty thousand dollars ($20,000) 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 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 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 makes 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 made. A candidate wlio has accepted the ORDINANCE NO. 99-40 4 vo untary expenditure ceiling and has �ralified € additional campaign exper ditures 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 snail 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) small notify the County Clerk-electior: division both by telephone and guaranteed overnight rnail on the day such expenditures exceeding that amount are rade. 1f the day on which notice is required is not a business day, notice shall be given on the Next business clay. (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 Cleek-election division and all opponents running for the same seat, within 24 hours whenever the candidate has made cumulative expend:tures of five thousand dollars (S5,000), ter:thousand dollars ($1.0,000), fifteen thousa-nd dollars ($15,040), and so on in rnrultiples of five thousand, The notification shall state that the candidate has rnade cumulative expenditures of five thousand dollars (S5,444) and so on in multiples of five thousand, A11 notifrcatiorns shall be made by facsimile transmission or guaranteed overnight rnail. C,) Notification of expenditures by committee making independent expenditures. Any committee which makes independent expenditures in support of or in oppositions to any candidate for supervisorial office 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 of five thousand dollars ($5,444), ten thousand dollars ($14,444), fifteen thousand dollars ($15,444) and soon in multiples of five thousand. The notification shall state that the committee has made cumulative expenditures of five thousand dollars ($5,000)00) and so on in multiples of`five thousand. All notifications shall be made y facsimile transmission or guaranteed overnight email. ( ) Exclusions. For purposes of this Article, expenditures (see California.Government Code section 52425) subject to the expenditure ceiling do riot include: (1} expendivures for campaigns for other offices; (2) expenditures for campaigns for fie 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 bolder expenses,' include but are not limited to, (a) donations to charitable organizations; (b)the cost of postage,office supplies, stationary and sirniiar exnenrses related to the conduct or performance of the office holder's governmental 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 folder's actions as a supervisor. ` he expenses listed in items (a)through (e) shall not be ORDINANCE NO. 99-40 5 considered "office holder-expenses" ifthey are used in connection with any office holder's campaign for a future term of office as a Supervisor. (4) Repayment of debt itself for expenditures made during prior cainpaigns for the 1-IfIce of supervisor. (1) Adoption of expenditure ceiling irrevocable. A candidate who adopts the expenditure ceiling fbir 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, (C-ids. 99-40 § 6, 98-6, 96-24, 95-47, 95-35, 95-8.) CjLQN_.TVl1. 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 funded candidate" means a supervisorial candidate who makes loans and contributions of his or her personal funds 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 "contributions from, personal funds"means contributions f-rom, the candidate and his or her immediate family by blood or marriage. For purposes of th5s section "Immediate family"means spouse, children, parents, and siblings. or recall (b' Statement of intent to self fund. A candidate for a primary, genera', - e election who intends to be a self funded candidate shall file with.the County Clerk-electior, 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. a,ia files (c) Contribution limits for self funded candidates. Notwithstanding sections 530- 1733, 530-2.704 and 530-2.707, for an election cycle, no self fanded candidate or his or her ca-npaign treasurer shall accept any contribution to or for the candidate or to or for any com mittee authorized in writing by the candidate to accept contributions to him, or her,which w il" cause the total amount contributed by that person. committee or broad based political i committee in support of that candidate for that election cycle to exceed one hundred dollars ($10`0)e (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 530-2.707(b), the amount of the voluntary expenditure ceiling shall increase by thirty thousand dry',:ars ($30,000) if. (1)the candidate's opponent(s) files a statement of intent to self fund or(2) if vithout filing such a statement,the opponent makes loans and contributions of his or her personal funds 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 ORDINANCE NO. 99-40 6 dollars (S20,000).00). If a candidate qualifies f'or an increase in the voantary esspendit—e cei inn pUrsuant to this section, such increase shall be in addition to any ester increase in the ceiiirg fr which the candidate qualifies under sections 530-2.707. For a candidate who qualifies for, an increase it the ceiling under this section and section 530-2,707(d) and/or(e) a d/or(t')>the amount of the vol3antary expenditure ceiling shall not exceed erre hundred and sixty tho-usand dollars "S160,000) i any event. (ad. 99-4€ §7 , 98-6•) aEC_TjQN,-_j1jjLECJL) E :is ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors otin for and against it in the Contra -Costa T es , a newspaper published it this County. PASSED ONNSept&mber 24, 1999 , by the following vote: AYE : Sapervisor°s Gioia, Uilk&rna, DeSa7ainier & Cancia_ .lya,, Gerber NOES: Neave ABSENT: None ABSTAIN: 'None ATTEST: PHIL BATCHELOR,Clerk of the � Board and County Adrninistrator yy Deputy /// Hard _ a� [SEAL ORDINANCE NO. 99-40 7 f