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HomeMy WebLinkAboutMINUTES - 08022005 - SD6 Contra TO. BOARD OF SUPERVISORS *�= =••f • FINANCE COMMITTEE o� a:; �' FROM. .�„�� .�. . @14 Costa John Gioia Chair Mary N. Piepho �''��� - _ �~ srA_covn� Count DATE: August 2, 2005 a66 y SUBJECT: Draft Amendment to County's Election Campaign Ordinance SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: INTRODUCE Ordinance amending the provisions of the Election Campaign Ordinance related to elections for the Office of Supervisor and candidate reporting requirements; WAIVE first reading; and SET August 9, 2005 for adoption. FISCAL IMPACT: None. BACKGROUND: On May 2, June 9, 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. On July 26, the Board of Supervisors discussed the two versions of the Ordinance and directed County Counsel prepare a draft ordinance modifying various sections of the Election Campaign Ordinance that address financing for supervisorial elections and Campaign Statement. A copy of the draft Ordinance and a memorandum from County Counsel, which describes the proposed changes to the Ordinance, are attached. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDA OF OARD ITTEE APPROVE OTHER Following each occurr-ehce o*f monetary amounts written in or th e uld immediately follow in parenthesi the er in numeric form. SIGNATURE(S): . AP ED AS ENDED ACTION OF BOARD © Q 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: Z�z NOES: -Z,77' ABSENT: ABSTAIN: Contact: Lisa Driscoll 335-1023 Cc: Steve Weir,County Clerk-Recorder ATTESTED Jim Sepulveda,Sr.Deputy District Attorney ,kOHN SWEETEN,CLERK OF THE BOARD OFSUPERVISORS BY: ,_,:Q„ ,DEPUTY 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 27, 2005 To: Board of Supervisors From: Silvano, B. Marchesi, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel Re: Draft Ordinance That Would Amend County's Election Campaign Ordinance As directed by the Board of Supervisors on July 26, 2005, this office has prepared a draft ordinance to modify various sections of the Election Campaign Ordinance that address financing for supervisorial elections. With 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. A copy of the draft ordinance is attached. Changes to the version considered on July 26, 2005 are shown inn . A clean copy of the ordinance is also attached for introduction. Draft Ordinance Provisions 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 $19675. 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 $5,000 per committee. The aggregate limit on the amount of contributions a candidate 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 to $5,000, and the aggregate limit on the amount of contributions that the candidate could accept from all broad based Board of Supervisors July 27, 2005 Page._.2 --------------------------- political committees would double (to $80,000.) In addition, 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 the aggregate amount the candidate could loan to his campaign would be increased to $50,000 and the limit on the aggregate amount of personal loans to the campaign for which a candidate could receive repayment would be increased to $50,000. 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 $20,000 to $25,000. The limitation on personal loans would be subject to increase under section 530-2.705 (b) in the event of independent expenditures against the candidate of$75,000 or more. 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 funded candidates would be subject to the contribution limits in sections 530-2.703 and 530-2.704 and eligible for the increase in contribution limits under section 530-2.705 (a). Subsection (d)Expenditure Ceiling Increased for Opponent of'Self Funded Candidate would be re-titled (c)Individual Campaign Contribution Limit Increased for Opponent of Self 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 to $5,000. 7. Section 530-2.709 Loan of candidate's personal funds 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. The limitation on the repayment amount would be subject to increase under section 530-2.705 (b) in the event of independent expenditures against the candidate of$75,000 or more. 8. Section 530-2.804 Campaign statement would no longer require that candidates and committees provide detailed information about contributions under$100. • Board of Supervisors July 27, 2005 Page3 - ----------------------------- MAM/am 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 ORDINANCE NO. 2005-22 REVISED (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 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 1.1' section 530-2.705 to provide grounds on which poo 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-funded candidate may loan to his or her own campaign. This ordinance amends section 530-2.708 to modify the definition of"self-funded" and to add grounds on which contribution limits for opponents of self- funded candidates maybe 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 IL Section 530-2.707 "Voluntary expenditure limits" is hereby repealed. SECTION III. Section 530-2.703 is amended to read: 530-2.703 Individual campaign contributions. 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 -S U-1- 'd da: -h`l ............. that candidate for that election cycle to exceed n tx except as provided in section 530-2.705, subparagraph (a) and in section 530-2.708, subparagraph(c). (Ords.2005-_, § 3, 99-40, 98-6, 96-48, 95-8.) SECTION IV. Section 530-2.704 is amended to read: 530-2.704 Broad based political committee campaign contributions I Ordinance 2005-22 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 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, except as provided in section 530-2.705, subparagraph(a). (Ords. 2005- , § 4, 99-405 98-6, 96-48, 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 thousand dollars 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. 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(:C:::::) 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- 2 Ordinance 2005-22 five thousand dollars. (Ords. 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-five thousand dollars, � ............... ......... e ep - � . up1:0...... .........p ). (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 OWN, "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 "contributions from personal funds"means contributions from the candidate and his or her immediate family by blood or marriage. For ............ purposes of this t "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 self fund in 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) Individual Campaign Contribution Limit Increased for Opponent of Self Funded Candidate. For an election cycle, for a candidate who is not a self funded candidate, the amount of the individual campaign contribution limit shall be increased to five thousand dollars if: (1) the candidate's opponent(s) files a statement of intent to self fund in an amount exceeding twenty-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-five thousand dollars. (Ords. 2005- , § 7, 99-405 98-6.) SECTION VIII. 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 3 Ordinance 2005-22 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- , 8, 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: ( 1) 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 campaign the statement, the statement shall contain the same disclosures required by P � Government Code section 84211. ( 2) The statement shall contain the same disclosures of expenditures required by Government Code section 84211. ( 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. ( 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. (Ords. 2005- , § 9, 98-65 95-85 92-95 92-15 91-10584-9.) 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: 4 Ordinance 2005-22 ATTEST: JOHN SWEETEN, Clerk of the Board and County Administrator By: Deputy Board Chair [SEAL] MAM: H:\CAMPAIGN\ord-05-3Bredline.wpd 5 Ordinance 2005-22 ORDINANCE NO, 2005-22 REVISED (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 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 limits on contributions and personal loans 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-funded candidate may loan to his or her own campaign. This ordinance amends section 530-2.708 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 H. Section 530-2.707 "Voluntary expenditure limits"is hereby repealed. SECTION III. Section 530-2.703 is amended to read: 530-2.703 Individual campaign contributions. 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 one thousand six hundred seventy-five dollars, except as provided in section 530-2.705, subparagraph(a) and in section 530-2.708, subparagraph(c). (Ords.2005-_, § 3, 99-40, 98-6, 96-48, 95-8.) SECTION IV. Section 530-2.704 is amended to read: 530-2.704 Broad based political committee campaign contributions Ordinance 2005-22 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 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, except as provided in section 530-2.705, subparagraph (a). (Ords. 2005- , § 4, 99-40, 98-6, 96-48, 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(s) equal seventy-five thousand dollars or more, the individual campaign contribution limit applicable to that candidate shall be increased to five thousand dollars 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(c) that show cumulative independent 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(s). (b) 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(s) equal seventy-five thousand dollars or more, the limit on the amount the candidate can lend to his or her campaign shall be increased to an aggregate amount of fifty thousand dollars and the candidate shall be entitled to receive repayment of personal loans in the aggregate amount of fifty thousand dollars. To be eligible for the increases in the limits on personal loans and repayment of those loans, the candidate must have received disclosures pursuant to subsection(c) that show cumulative independent expenditures equal to seventy-five thousand dollars or more by the independent expenditure committee or committees in opposition to the candidate or in support of the candidate's opponent(s). (c) 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- 2 Ordinance 2005-22 five thousand dollars. (Ords. 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-five thousand dollars, except as provided in section 530-2.705, subparagraph(b). (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 article, "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 article"contributions from personal funds"means contributions from the candidate and his or her immediate family by blood or marriage. For purposes of this article"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 self fund in 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) Individual Campaign Contribution Limit Increased for Opponent of Self Funded Candidate. For an election cycle, for a candidate who is not a self funded candidate, the amount of the individual campaign contribution limit shall be increased to five thousand dollars if: (1) the candidate's opponent(s) files a statement of intent to self fund in an amount exceeding twenty-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-five thousand dollars. (Ords. 2005- 5, § 75, 99-409 98-6.) SECTION V1111. 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 3 Ordinance 2005-22 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, except as provided in section 530-2.705, subparagraph(b). (Ords. 2005- 9 § 89 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: ( 1) 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. (2) The statement shall contain the same disclosures of expenditures required by Government Code section 84211. ( 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. (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- 1, § 99 98-65 95-85 92-93 92-1, 91-101, 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: 4 Ordinance 2005-22 ATTEST: JOHN SWEETEN, Clerk of the Board and County Administrator By: Deputy Board Chair [SEAL] MAM: HACAMPAIGN\ord-05-3Bfinal.wpd 5 Ordinance 2005-22