HomeMy WebLinkAboutMINUTES - 07262005 - D5 TO. BOARD OF SUPE
Costar
FINANCE COMMITTEE
FROM: R
1.....H f•f f
John Gioia, Chair
r4
Marr N. Piep ho IQs, _ ! -`" ` County
Mary r'9�COUl`+�
DATE: July 26, 2005
SUBJECT: Draft Ordinances That Would Amend County's Election Campaign
Ordinance
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
CONSIDER recommendations from the Finance Committee on options to amend the provision of the
Election Campaign Ordinance related to elections for the Office of Supervisor and candidate reporting
requirements: CONSIDER introducing ordinance, waiving first reading, and setting August 2, 2005
for adoption.
FISCAL. IMPACT:
None.
BACKGROUND:
On December 14, 2004, the Board of Supervisors considered creation of a Voluntary Fair Campaign
g
Pro ram for candidates and independent committees and the establishment of a County Ethics
Commission. Supervisors discussed the current campaign expenditure ordinance, commented on
the disparity among the number of registered voters in each of the five districts, expressed concern
about the relationship between individual candidate ceilings and Independent Expenditure
Committees, and proposed raising the ceiling for candidates. After further discussion, the Board
continued the matter to January 11, 2005.
On January 11, 2005, the Board of Supervisors again considered creation of a Voluntary Fair
Campaign Program for candidates and independent committees in conjunction with the establishment
of a County Ethics Commission. Supervisor Mark DeSaulnier recommended the Internal Operations
Committee simultaneously consider the creation of a Fair Campaign Pledge and an Ethics
Commission. The Board referred the Fair Campaign Pledge and an Ethics Commission to the
Internal Operations Committee and requested Supervisors John Gioia and Mary N. Piepho, as
participants of the Finance Committee, review and streamline where possible the County's existing
campaign finance rules and refer those findings back to the Internal Operations Committee.
On May 2, June 0, and July 6 the Finance Committee reviewed and discussed the County's existing
campaign finance rules with Deputy County Counsel. The Committee directed County Counsel to
prepare two versions of a draft ordinance to modify various sections of the Election Campaign
Ordinance that address financing for supervisorial elections. Attached for Board's discussion are the
two versions of the Ordinance and a letter from County Counsel, which describes the two versions
and the differences between them. In summary, version A increases voluntary expenditure limits and
version B repeals voluntary expenditure limits.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
/Z��\/ Uaz
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF D COMMITTEE
APPROVE OTHER
SIGNATURE(S):
APPROVED AS RECOMMENDED
ACTION OF BOARD ON o OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON MINUTES OF
THE BOARD OF SUPERVISORS ON THE DATE SHOWN.
UNANIMOUS(ABSENT }
AYES: NOES:
ABSENT: ABSTAIN:
Contact: Lisa Driscoll 335-1023
Cc: Steve Weir,County Clerk-Recorder ATTESTED "" ( ► co
Jim Sepulveda,Sr.Deputy District Attorney JOHN SWEETEN,CL RK OF THE BOARD OFSUPERVISORS
BY: "'�� � DEPUTY
ADDENDUM TO ITEM D.5
July 2+6, 2005
On this day,the Board of Supervisors considered recommendations from the Finance Committee on
options to amend the provision of the Election Campaign Ordinance related to elections for the Office of
Supervisor and candidate reporting requirements,and considered introducing the ordinance,waiving first
reading, and setting August 2,2005 for adoption.
Supervisor Gioia noted there were two versions of the Draft Ordinance Provisions included in the Board's
materials for consideration,A and B. He said that both versions attempt to address campaign expenditure
disparities between what is spent by independent expenditure committees and what can be spent by
candidates. He said version A attempts to address the issue by outlining incremental raises to the
expenditure ceiling,and version B attempts to address the issue by removing the ceiling and attempting to
simplify the process.He noted that the Finance Committee decided to forward both versions to the Board
for consideration,but said that in his personal view,version B,which attempts to make the process as
simple as possible,probably makes the most sense.
Mary Ann Mason of County Counsel elaborated on the versions and the proposed changes to the
expenditure ceiling,as outlined in the Board materials.
Chair Uilkema suggested that, in line with the issue of raising expenditure ceilings, raising the amount of
self funding should also be examined. She said it would seem that if a candidate is financially able,he or
she should be able to defend themselves using their own money,with the ability to go back later to try to
recoup the money through fundraising.
Ms.Mason said there could be a provision added on self funding to enable candidates to lend themselves
money at a higher threshold.
Supervisor Piepho said it is important to enable candidates to compete with the independent expenditure
committees. She also noted that the Finance Committee discussed creating an informational booklet for
candidates and the public to provide specific answers to general questions,in an effort to make the
process more user-friendly.
Ms. Mason added that the brochure could include tables showing what limits would be raised and when.
Chair Uilkema asked if there was public comment on this item. The following person provided testimony:
Rose Lemberg,El Cerrito resident.
Supervisor Glover expressed a preference for version B,and suggested raising the limit for independent
contributions to make it consistent with that of other countywide office holders.
Ms. Mason noted that$1,675 per election cycle is the current limit for independent contributions for other
countywide office holders.
Supervisor DeSaulnier said that he was hesitant to participate in this review of campaign finance because
of the inherent conflict of interest. He proposed that there be some sort of public airing, and suggested the
League of Women Voters be contacted.
Supervisor Gioia said this process should be completed within the next few weeks so that the rules can be
in place in time for the campaigns for November elections.
Ms. Mason suggested that version B come back to the Board on August 2d,with the ordinance ready to
go with language in place in response to the Board's suggestions regarding increasing the self-funding
limit and increasing the voluntary campaign limit.
ADDENDUM TO ITEM D.5
July 26, 2005
Page 2 of 2
By a 4-1 vote,as moved by Supervisor Gioia and seconded by Supervisor Piepho,the Board took the
following action:
ACCEPTED recommendations from the Finance Committee on options to amend the provision of the
Election Campaign Ordinance related to elections for the Office of Supervisor and candidate reporting
requirements,and DHtECTED County Counsel to return to the Board on August 2,2005,with version B
of the Draft Ordinance Provision finalized to include an increase in the self-funding limit from$25,000 to
$50,000 in the event that independent expenditures on behalf of an opponent exceed$75,000,and to
include an increase in the voluntary campaign limit from$750 to$1,675 per campaign cycle.
Supervisor DeSaulnier did not support the motion, citing concerns about, and a desire to be respectful of,
the process.
t f
Office of the County Counsel Contra Costa County
• 651 Pine Street, 9th Floor Phone: (925)335-1800
Martinez, CA 94553 Fax: (925)646-1078
Date: July 18, 2005
To: Board of Supervisors
From: Silvano B. Marchesi, County Counsel
By: Mary Ann McNett Mason Deputy County Counsel 46�
Re: Draft Ordinances That Would Amend County's Election Campaign Ordinance
As directed by the Finance Committee on July 6, 2005, this office has prepared two
versions of a draft ordinance to modify various sections of the Election Campaign Ordinance that
address financing for supervisorial elections. Version A includes voluntary expenditure limits.
Version B would repeal the voluntary expenditure limits. Copies of versions A and B of the draft
ordinance are attached. In each version, deletions from the existing ordinance are shown in
. Additions to the existing ordinance are shown inWith the exception of
proposed amendments to Ordinance section 530-2.804 Campaign Statement, the changes would
apply only to elections for the office of County Supervisor.
Draft Ordinance Provisions-Version A
1. This ordinance would amend section 530-2.703 Individual campaign
contributions to increase the individual contribution limit for supervisorial candidates who do not
accept the voluntary expenditure ceiling from $100 to $250. In addition, the individual
contribution limit for candidates who do accept the voluntary expenditure ceiling would be.
increased from $750 to $1,000.
2. Section 530-2.706 Limitation on personal loans would be amended to increase
the amount that a candidate can loan to his or her campaign from $20,000 to $25,000.
3. Section 530-2.707 Voluntary expenditure limits, subsection (c)Amount of
Expenditure Ceiling would be amended to increase the amount of the voluntary expenditure
ceiling to $150,000. This figure is slightly below $.75 per resident of a supervisorial district.
Beginning January 1, 2007, the ceiling would be calculated by multiplying the amount per
resident times the number of residents of a supervisorial district. The base amount per resident
of.$75 would be increased annually based on the percentage increase in the San
Francisco/Oakland Consumer Price Index for Urban Wage Earners and Clerical Workers, if any.
The number of residents per supervisorial district would be set at one fifth of the total county
population as shown in the City and County Population and Housing Estimates (Official State
Board of Supervisors
July 18, 2005
Page 2 --
Estimates)for the prior year. Each January, the County Clerk-Elections Division would calculate
the amount of the expenditure ceiling and publicize that amount.
4. Section 530-2.707(d)Increase in Ceiling(Small C'ontributi'ons from Individuals)
would be omitted from the ordinance. Increases in the voluntary expenditure ceiling would no
longer be available because a candidate had received a certain percentage of contributions from
small contributors. Subsequent subsections would be re-lettered.
5. Section 530-2.707 Voluntary expenditure limits, re-lettered subsection (d)
Candidate Whose Opponent Does Not Adopt Ceiling would be amended to provide that for an
election cycle,if a candidate adopts the voluntary expenditure ceiling and his or her opponent or
opponents do not,when the total cumulative expenditures of one opponent are equal to fifty
percent or more of the voluntary expenditure ceiling,the candidate would receive a$100,000
increase in the ceiling.When one opponent's cumulative expenditures equal or exceed one
hundred percent of the ceiling, the candidate would no longer be subject to the ceiling.
6. Section 530-2.707 Voluntary expenditure limits, re-lettered subsection (e)
Independent Expenditures Against Candidate or on Behalf of Candidate's Opponent would be
amended to provide that for an election cycle, if a candidate accepts the voluntary expenditure
ceiling and independent expenditure committees make total cumulative expenditures opposing
the candidate or supporting his opponent(s) 'equal to$30,000 or more, the candidate would
receive a$100,000 increase in the ceiling. If the independent expenditure conunittee"s or
committees' total cumulative expenditures opposing the candidate or supporting his or her
opponent(s)equal or exceed fifty percent of the voluntary expenditure ceiling, the candidate
would no longer be subject to the ceiling,the limit on contributions the candidate could accept
from individuals would be increased five times(to$5,000),and the limit on contributions that
the candidate could accept from all broad based political committees in the aggregate would
double (to $80,000.)
7. Section 530-2.707(g) Voluntary expenditure limits, subsection (g)Maximum
would be omitted from the ordinance. In light of the possible removal of the ceiling provided in
subsections(d) and(e) as revised, there would no longer be a maximum limit on the amount of
the voluntary expenditure ceiling. Subsequent subsections would be re-lettered.
8. Section 530-2.707 Voluntary expenditure limits, re-lettered subsection (g)
Notification of Expenditures by Candidate who Has Not Adopted Voluntary Expenditure Ceiling.
In addition to requiring that a candidate who does not adopt the ceiling must notify opponents
and the county clerk each time the candidate makes cumulative expenditures of$10,000, the
section now would require that the candidate notify the county clerk, the district attorney, and all
opponents 1)when the candidate makes expenditures equal to fifty percent of the voluntary
expenditure ceiling and 2)when the candidate makes expenditures equal to one hundred percent
of the voluntary expenditure ceiling.
Board of Supervisors
July 18, 2005
Page 3
9. Section 530-2.707 Voluntary expenditure limits, subsection (h)Notification of
Expenditures by Committee Making Independent Expenditures. In addition to requiring that an
independent expenditure committee opposing or supporting a candidate for supervisorial office
notify all candidates for that office and the county clerk each time the committee makes
cumulative expenditures of$5,000, the section now would require that the committee notify the
county clerk,the district attorney, and all candidates 0 g for that office when the committee
makes expenditures equal to fifty percent of the voluntary expenditure ceiling.
10. Section 530-2.708 Self funded candidates, subsection (a)Se'Funded
Candidate Defined would be revised to increase the amount a candidate must loan or contribute
to his or her campaign to qualify as a self funded candidate, from more than $20,000 to more
than$25,000. Subsection (c) Contribution.limits for Self Funded Candidates would be
amended to increase the contribution limit for self-funded candidates from$100 to$250.
Subsection (d)Expenditure Ceiling Increasedfor Opponent of self Funded Candidate would be
re-titled Individual Campaign Contribution Limit Increased for Opponent of self Funded
Candidate. Subsection(d)would be amended to delete the increase in the voluntary expenditure
ceiling for candidates facing self-funded opponents. References to the maximum amount of the
voluntary expenditure ceiling available to a candidate facing a self funded opponent also would
be omitted. Subsection(d)would *instead provide that if a candidate who has accepted the
voluntary expenditure ceiling faces a self funded opponent,the limit on contributions the
candidate can accept from individuals would be increased three times(to$3,000.)
11. Section 530-2.709 Loan of candidate's personalfinds would be revised to
increase to$25,000 the amount a candidate can loan to his or her campaign and expend,before
the monies loaned are deemed a non-repayable contribution from the candidate.
12. Section 530-2.804 Campaign statement would no longer require that candidates
and committees provide detailed information about contributions under$100.
Draft Ordinance Provisions-Version B
1. This ordinance would repeal section 530-2.707 Voluntary expenditure limits.
2. This ordinance would amend section 530-2.703 Individual campaign
contributions to remove the differential contribution limits related to the voluntary expenditure
ceiling. For all candidates, including self funded candidates, the individual campaign
contribution limit would be $1,000.
3. Section 530-2.704 Broad based political committee campaign contributions
would be amended to remove the differential contribution limits related to the voluntary
expenditure ceiling. The campaign contribution limit for broad based political committees would
remain at$52000 per committee. The aggregate limit on the amount of contributions a candidate
Board of Supervisors
July 18, 2005
Page 4
can accept from all committees would remain at$40,000.
4. Section 530-2.705 Independent expenditures against candidate or on behalf of
candidate's opponent would be added to the ordinance. The section would provide that if an
independent expenditure committee or committees made total cumulative expenditures equal to
$75,000, either opposing the candidate or supporting his opponent(s), the limit on contributions
the candidate could accept from individuals would be increased five times (to$5,000), and the
aggregate limit on the amount of contributions that the candidate could accept from all broad
based political committees would double(to $80,000.) The section would further require that
each independent expenditure committee opposing or supporting a candidate for supervisorial
office notify all candidates for that office and the county clerk each time the committee makes
cumulative expenditures of$5,000. In addition, each committee would have to notify the county
clerk, the district attorney, and all candidates running for that office when the committee has
made independent expenditures equal to $75,000.
5. Section 530-2.706 Limitation on personal loans would be amended to increase
the amount that a candidate can loan to his or her campaign from$20,0100 to $25,000.
6. Section 530-2.708,Self funded candidates, subsection (a)Self Funded Candidate
Defined would be revised to increase the amount a candidate must loan or contribute to his or her
campaign to qualify as a self funded candidate, from more than$20,000 to more than$25,000.
Subsection(c) Contribution Limits for Self Funded Candidates would be deleted. Like all other
supervisorial candidates, self fimded candidates would be subject to the contribution limits in
section 530-2.703 and 530-2.704. Subsection ('d)Expenditure Ceiling Increased for Opponent
of SefFunded Candidate would be re-titled (c)Individual Campaign Contribution Limit
Increased for Opponent of Sey'Funded Candidate. All references to the voluntary expenditure
ceiling would be deleted. Relettered subsection(c)would instead provide that if a candidate
faces a self funded opponent,the limit on contributions the candidate can accept from individuals
would be increased five times (to $5,000.)
7. Section 530-2.709 Loan of candidate's personal funds would be revised to
increase to $251,000 the amount a candidate can loan to his or her campaign and expend,before
the monies loaned are deemed a non-repayable contribution from the candidate.
8. Section 530-2.804 Campaign statement would no longer require that candidates
and committees provide detailed information about contributions under$100.
MAM/am,
Board of Supervisors
July 18, 2005
Pa e 5
Members,Board of Supervisors,District Offices
County Administrator
Lisa Driscoll, Senior Deputy County Administrator
Julie Enea, Senior Deputy County Administrator
Steve Weir, County Clerk-Recorder
Jim Sepulveda, Senior Deputy District Attorney
Clerk of the Board,Press Box
Attachment
VERSION A
ORDINANCE NO. 2005-
(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 of the County Ordinance
Code):
SECTION I. SUMMARY. This ordinance amends Division 530,Election Campaign, section
530-2.703 to increase the campaign contribution limits that apply for supervisorial campaigns.
This ordinance amends sections 530-2.706 and 530-2.709 to increase the amount a candidate
may loan to his or her own campaign. This ordinance amends section 530-2.707 to increase the
amount of the voluntary expenditure ceiling applicable in supervisorial campaigns and to change
the formula for calculation of the ceiling,to modify grounds on which the ceiling may be
increased or removed, and to add grounds on which contribution limits may be increased. This
ordinance amends section 530-2.708 to increase the contribution limits applicable to self funded
supervisorial candidates, to modify the definition of"self-funded,"and to add grounds on which
contribution limits for opponents of self-funded candidates may be increased. This ordinance
amends section 530-2.804 to repeal the requirement that contributions under one hundred dollars
be individually reported in campaign statements.
SECTION II. Section 530-2.703 is amended to read:
530-2.703 Individual campaign contributions.
(a)For a single county 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 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 two hundred and fifty dollars
except as provided in subparagraph(b).
(b)For candidates who adopt the voluntary expenditure ceiling defined in Section 530-
2.708, for a single county election cycle, no person or political committee Logier than the
candidate or a broad based political caininittee 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,
1
Ordinance 2005-
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 thousand dollars
exce t asprovided in section 530-2.707 subahe -2.70$ surb ara�ra h
(Ords.2005- , § 2, 99-40, 98-63, 96-48, 95-8.)
SECTION Iu. Section 530-2.706 is amended to read:
530-2.706 Limitation 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. (Ords. 2005- , § 3, 99-40, 98-6, 95-8.)
SECTION IV. 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
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
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,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 may file the statement adopting the expenditure
ceiling at any time after the date the recall measure is certified for the ballot until thirty days
before the recall election.
(c)Amount of Expenditure Ceiling. FUL CUI%w1VAooL1VLI%0.Y%WI%02
63q U%oJLV VY•
AAL
2
Ordinance 2005-
For an election c cle the amount of the voiunt ext)enditure ceiling shall be
one hundred and fithousand dollars. For an election c cle candidates who a ee to accept the
volunt exenditure ceiling-shall shall not incur cam ai ex enditures exceedin the amount of the
ceiling exce t as provided in sub gra ahsdand(_)_below.e
(2) Effective January 1, 2007 and annually thereafter, the amount of the voluntary
ex enditure ceilin shall be adjusted so that it is a ual to the amount er resident multi lied b
the number of residents er su erv-isorial district. The amount ncr resident shall be seven -five
cents. The number of residentser su ervisonal district shall be one-fifth of the total count
P2RU as shown in the Ci and Cour Po ulation and Housing Estimates Official State
Estimates for then ear. Effective January-1 2007 and annuals thereafter the amount er
resident shall be increased b the same peKcenta.,ge as the percentne increase in the San
Francisco/Oakland Consumer Price Index for Urban wane Earners and Clerical workers for the
rior ear. Each Janu.aM after calculatinor the amount er resident and the number of residents
er su ervisorial district the count clerk shall ost the arnount of the volunta ex enditure
cellin as adjusted.
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(ed„) 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
including self-funded ptonents do noaccept the expenditure ceiling,the amount of the
voluntary expenditure ceiling specified in subsection(c)shall increase by
UVII�j . one hundred thousand dollars when the total cumulative ex enditures of one o onent
not acc fing,the ceilinor and his or her controlled committee equals fiftyTercent or more of the
volunLar
Yexvqnditure ceiluls ecified in subsection c . To be eligible fora 11 V%W UIV LAO
dollar this increase in the ceiling, the candidate must have received disclosures pursuant to
subsection(g)which show total cumulative expenditures eal to fifty
ercent or more of the amount of the voluntary ex enditure ceiling by such opponent and his or
her controlled committee. '
Case III LI.M., . For an election c cle for a candidate who acce is the volunta2
3
Ordinance 2005-
ex endi.ture ceiling and whose o onent or onents includin self-funded ol2ponents do not
accgRtthe ex enditure-ceiling,the volwitarygxpendifture ceiling shall be removed when the total
cumulative ex enditures of one 2Rvonent not @&cqpfmg the ceilin¢and his or her controlled
committee a ual one hundred percent or more of the volunta ex enditure ceilin s ecified in
subsection(c). To be eligible for removal of the voluntarexpenditure ceilin the candidate
must have received disclosures ursuant to subsection which show total cumulative
ex enditures ggml to one hundredpercent or more of the amount of the volunta"V ex enditure
ceili,na_hy such o onent.
(fed 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 fi V to LIM L&aajLjLu
. . . . . •
04 1,34 66
UVIULL a koaL.41 L 411*1 Uq%no
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tares OP
. one hundred thousand dollars«Tb.en the-tot a*l cumulative
ex enditures of the committee or committees which make inde endent ex enditures opRgsing
the candidate or su ortin his or hero onents a ual tlurt thousand dollars or more. To be
eligible for this crease in the ceiling,the candidate must have received
disclosures pursuant to subsection(h)which show cumulative independent expenditures of frvc
ten thousand dollars or more by the committee or committees in opposition to the candidate or in
support of the candidate's opponent(s). Example: Candidate receives disclosure of committee's
AAs independent expenditure of one five thousand dollars to oppose the candidate and disclosure
of committee's BBs independent expenditure of two five thousand dollars to support candidate's
opponent A.
. For an election c cle for a candidate who
accepts the volun ex enditure ceiling,the ceilin shall be removed the amount of the
individual contribution limit shall be increased to five tunes the amount in Section 530-2.7L3_(h),
and thea are amount the candidate can accept in contributions from all.broad based olitical
action corrunittees shall be increased to twice the amount in Section 530-2.704 v hen the total
cumulative ex enditures of the committee or committees making inde endent ex enditures
gp
Posina the candidate or suppgrtiaz his o orient e ual fifty percent or more of the volunt
expenditure ceilin c s ecified in subsection . To be eli ible for removal of the volun
ex en.diture ceiling and the increases in contribution limits the candidate must have received
disclosures ursuant to subsection(LijLhat show cumulative independent expenditures a uaI to
fiftyercent or more of the amount of the volunt ex enditure ceilinv b the coinrnittee or
committees in 91 tion to the candidate or in su ort of the candidate's opponents.
4
Ordinance 2005-
(hf)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);or(e) ,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) or(e)�,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 who has accepted the
voluntary expenditure ceiling and has qualified to incur additional campaign expenditures as
specified in subsections(d) and(e),who receives aggregate contributions exceeding the amount
of the respective ceiling specified in subsections(d) and e , 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 who has accepted the voluntary expenditure
ceiling and who makes aggregate expenditures exceeding the amount of the respective ceiling
specified in subsections(d)or(e) shall notify the county clerk-election division both 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.
(ig)Notification of Expenditures by Candidate who Has Not Adopted Voluntary
Expenditure Ceiling. A candidate including a self-funded candidate who has not adopted the
voluntary expenditure ceiling shall notify the county clerk-election division and all opponents
n�ng for the same seat,within twenty-four hours whenever the candidate has made cumulative
expenditures of frvc ten thousand dollars,t twenty thousand dollars, thin, thousand
dollars, and so on in multiples of fc ten thousand. The notification shall state that the candidate
has made cumulative expenditures of free tell thousand dollars, and so on in multiples of ten.
thousand. A candidate,including a self-funded candidate who has not ado ted the volunta
ex enditure ceiling,shall also notif the coup clerk-election division the district attomfe and
all opponents running for the same seat within twen four hours whenever the candidate either
1 has made cumulative ex enditures a ual to fiftypercent of the volun expenditure ceiling
or 2 has made cumulative ex eiiditures equal to one hundred ercent of the volunta
ex enditure ceilin . All notifications shall be made by facsimile transmission or guaranteed
overnight mail.
(j Di Notification of Expenditures by Committee Making Independent Expenditures. Any
committee which makes independent expenditures in support of or in opposition to any candidate
5
Ordinance 2005-
f
for supervisorial office shall notify the county clerk-election division and all opponents runmng
for the same seat,within 24 hours whenever the committee has made cumulative expenditures of
five thousand dollars,ten thousand dollars, fifteen thousand dollars and so on in multiples of five
thousand. The notification shall state that the committee has made cumulative expenditures of
five thousand dollars and so on in multiples of five thousand. A committee that makes
Indeendent ex enditures in su art of or in o ositaon to an candidate for su ervisorial office
,.shall also notify the coon clerk-election division the district attorne and all o onents
ruruiu� for the same seat, within Mirenty four hours whenever the committee has made
cumulative ex enditures equal to fi percent of the volunt ex enditure ceilin . All
notifications shall be made by facsimile transmission or guaranteed overnight mail.
(ki,I Exclusions. For purposes of this article, expenditures (see California Government
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;
(3)Expenditures for office holder expenses. "Office holder expenses"means those
expenses relating 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
similar activities related to the office holder's position; (d)the cost of books or publications
reasonably 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.
(4)Repayment of debt itself for expenditures made during prior campaigns for the office
of supervisor.
(R 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. 2005- , § 42 99-403, 98-630 96-243, 95-47, 95-352 95-8.)
SECTION V. Section 530-2.708 is amended to read:
6
Ordinance 2005-
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-five
thousand dollars. For purposes of this section"contributions from personal funds"means
contributions from the candidate and his or her immediate family by blood or marriage. For
purpose 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 county clerk-election division a
statement signed under penalty of perjury which states that the candidate intends to be-a self
fund m an amount exceeding twenty-five thousand dollars. 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-
2.7039 530-2.704 and 530-2.707, for an election cycle, no self-funded candidate or his or
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 two
hundred and fi dollars.
(d) ' ' Individual Cam ai Contribution Limit 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(c),
the amount of the individual cam ai
contribution limit shall be increased to three times the amount in Section 530-2.703 b if: (1)the
candidate's opponent(s) files a statement of intent to self fund in an amount exceedinor twent -
five thousand dollars or(2)if without 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 five thousand dollars and makes expenditures exceeding
twenty-fj a thousand dollars. '
. . . . . . . . . .
P IF 0 Fe
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(Ords. 2005- , § 53, 99-4010 98-6.)
SECTION VI. Section 530-2.709 is amended to read:
7
Ordinance 2005-
530-2.709 Loan of candidate's personal funds. If a supervisorial candidate makes
loans and contributions of his or her personal funds to his or her campaign or campaign
committee which in the aggregate exceed twenty five thousand dollars, once the candidate or his
or her campaign committee has made expenditures exceeding twenty five thousand dollars the
amount loaned shall be deemed a contribution from the candidate to his or her campaign or
campaign committee, and the candidate shall not be entitled to repayment of the monies loaned.
(Ords. 2005- q § 6, 98-6.)
SECTION VII. Section 530-2.804 is amended to read:
530-2.804 Campaign statement.
Each county campaign statement required to be filed by candidates for county office,
county general purpose committees,, committees supporting or opposing a candidate for county
office,, or committees supporting or opposing the qualification of,or passage of, a local ballot
measure which is being voted on only in Contra Costa County shall contain:
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(3"'b D If the cumulative amount of contributions for the election from a person is one
hundred dollars or more and a contribution has been received from that person during the period
covered by the campaign statement,the statement shall contain the same disclosures required by
Government Code section 84211.
(4 D The statement shall contain the same disclosures of expenditures required by
Government Code section 84211.
(5 3)In the case of campaign statements filed by a committee, other than a candidate-
controlled committee,the statement shall contain the full name., and street address of any person
or persons who direct or control the contributions or expenditures made by the committee.
(6 4) Candidates and committees need not duplicate any reports of contributions, loans or
expenditures required by state law but may certify that reports made pursuant to this section are
in addition to those made pursuant to state law. (Orris. 2005- 30 § 73, 98-61, 95-82 92-9v 92-12
91-10) 84-9.)
8
Ordinance 2005-
SECTION VIII. This ordinance becomes effective 30 days after passage, and within 15 days
after passage shall be published once with the names of supervisors voting for and against it in
the Contra Costa Times, a-newspaper published in this County.
PASSED ON ,by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: JOHN SWEETEN, Clerk of the Board
and County Administrator
By:
Deputy Board Chair
[SEAT,]
MAM: HACAMPAIGN1\ord-05-3A.wpd
9
Ordinance 2005-
V, 1,.F..RSION B
ORDINANCE NO*2005-
(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 of the County Ordinance
Code):
go
SECTION I. S This ordinance repeals Division 530, Election Campaign, section
530-2.707 which established the voluntary expenditure ceiling. This ordinance amends section
530-2.703 to increase the individual campaign contribution limits that apply for supervisorial
campaigns. This ordinance amends sections 530-2.703 and 530-2.704 to remove differential
contribution limits related to the voluntary expenditure ceiling. This ordinance would add a new
section 530-2.705 to provide grounds on which contribution limits may be increased following
expenditures by independent expenditure committees. This ordinance amends sections 530-
2.706 and 530-2.709 to increase the amount a self-fimded candidate may loan to his or her own
campaign. This ordinance amends section 530-2.708 P modify the demotion of"self-finided"
and to add grounds on which contribution limits for opponents of self-funded candidates may be
increased. This ordinance amends section 530-2.804 to repeal the requirement that contributions
under one hundred dollars be individually reported in campaign statements.
SECTION It., Section 530-2.707"Voluntary expenditure its"is hereby repealed.
SECTION EEL Section 530-2.703 is amended to read:
530-2.703 Individual campaign contributions.
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/.1.1 vo,, For a single county election cycle,no person or political committee(other than the
candidate or a broad based-Politi al committee shall make, and no candidate or campaign
Ordinance 2005-
s
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 One thousand dollars
exce t as rovi.ded in section 530-2.705ub saro •aha and in section 530-2.708 sub amara h
c . (Ords.2005- , § 39 99-40, 98-69 96-481, 95-8.)
SECTION N. Section 530-2.704 is amended to read:
530-2.704 Broad based political committee campaign contributions
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or 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 five thousand
dollars. 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
exce t as Drovided in section 530-2.705 sub ara aha .
(Orris. 2005- , § 430 99-40, 98-63, 96-483, 95-8.)
SECTION V. Section 530-2.705 is added to read:
530-2.705 Independent expenditures against candidate or on behalf of candidate's
opponent
(a)For an election cycle,when the total cumulative expenditures of the committee or
committees making independent expenditures opposing the candidate or supporting that
candidate's opponent equal seventy five thousand dollars or more, the individual campaign
contribution limit applicable to that candidate shall be increased to five times the amount
specified in section 530-2.703 and the aggregate amount that candidate can accept in
contributions from all broad based political committees shall be increased to twice the amount in
section 530-2.704. To be eligible for the increases in contribution limits, the candidate must
have received disclosures pursuant to subsection(b)that show cumulative independent
2
Ordinance 2005-
expenditures equal to seventy five thousand dollars or more by the committee or committees in
opposition to the candidate or in support of the candidate's opponent.
(b)Any committee that 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 same seat,within 24 hours whenever the committee has made
cumulative expenditures.of five thousand dollars, ten thousand dollars, fifteen thousand dollars
and so on in multiples of five thousand. A committee that makes independent expenditures in
support of or in opposition to any candidate for supervisorial office shall also notify the county
clerk-election division, the district attorney, and all opponents running for the same seat,within
twenty four hours whenever the committee has made cumulative expenditures equal to seventy
five thousand dollars.
(Orris. 2005- , § 5.)
SECTION VI. Section 530-2.706 is amended to read:
530-2.706 Limitation 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&-a thousand dollars.
(Ords. 2005- , § 6, 99-40, 98-6, 95-8.)
SECTION VII. 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 twen -five
tY�
thousand dollars. For purposes of this section"contributions from personal funds"means
contributions from the candidate and his or her immediate family by blood or marriage. For
purpose 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 county clerk-election division a
statement signed under penalty of perjury which states that the candidate intends to hc-a self
funda in an amount exceeding twee -five thousand dollars. The candidate shall file
the statement at the same time that the candidate files his or her declaration of candidacy.
•
-
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3
Ordinance 2005-
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g 16 A-11
Opponent of Self Funded Candidate. For an election cycle, for a candidate who accep La UUV
so so a a 104. .0 4.4 C42 Q 0 20= A 0 as P 0 U Iseq 6 is
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is not a self funded candidatethe
0
amount of the individual cam RAiM contribution limit shall be increased to five times the amount
in,Section 530-2.703 if: (1)the candidate's opponent(s)files a statement of intent to self fund in
an amount exce��d ling such a statement, the
��in twenty-five thousand dollarsor(2)if without Ming
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-five thousand dollars and
g--e &I
makes expenditures exceeding twenty-,Live.thousand dollars.
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(Ords• 2005- _, § 7, 99-40, 98-6.)
SECTION VM. Section 530-2.709 is amended to read:
530-2.709 Loan of candidate's personal funds. If a supervisorial candidate makes
loans and contributions of his or her personal funds to his or her campaign or campaign
committee which in the aggregate exceed twenty-five thousand dollars, once the candidate or his
or her campaign committee has made expenditures exceeding twenty: five thousand dollars the
amount loaned shall be deemed a contribution from the candidate to his or her campaign or
campaign committee, and the candidate shall not be entitled to repayment of the monies loaned.
(Ords• 2005-. -5, § 83, 98-6.)
SECTION IX. Section 530-2.804 is amended to read:
530-2.804 Campaign statement
Each county campaign statement required to be filed by candidates for county office
county general purpose committees, committees supporting or opposing a candidate for county
office,,or committees supporting or opposing the qualification of, or passage of, a local ballot
measure which is being voted on only in Contra Costa County shall contain:
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4
Ordinance 2005-
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(5 j)If the cumulative amount of contributions for the election from a person is one
hundred dollars or more and a contribution has been received from that person during the period
A—&
covered by the campaign statement, the statement shall contain the same disclosures required by
Goverrimen-t-Code section 84211•
(4 2)The statement shall contain the same disclosures of expenditures required by
Government Code section 84211.
(5 3-J) In the case of campaign statements filed by a committee, other than a candidate-
controlled committee,ftee, the statement shall contain the full name,, and street address of any person
or persons who direct or control the contributions or expenditures made by the committee.
(6 4) Candidates and committees need not duplicate any reports of contributions, loans or
expenditures required by state law but may certify that reports made pursuant to this section are
in addition to those made pursuant to state law. (Orris. 2005-_ 2 § 9. 98-62 95-82 92-92 92-1.,
91-103, 84-9.)
SECTION X. This ordinance becomes effective 30 days after passage., and within 15 days after
passage shall be published once with the names of supervisors voting for and against it in the
Contra Costa Times, a newspaper published in this County.
PASSED ON by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: JOHN SWEETEN, Clerk of the Board
and County Administrator
By:
5
Ordinance 2005-
J
Deputy Board Chair
[SEAL]
MAM: HACAMPAIGN\o rd-Q5-3B.wpd
6
Ordinance 2005-