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Home My WebLink AboutMINUTES - 08092005 - C.35 TO: BOARD OF ISORS - �=-�� ContSUPERV -. ra _ t - 1► FINANCE COMMITTEE FROM: 1,= -. � Costa John Gioia Chair •; - -- ,off Mary N. Piepho .-- ~--coCounty vK DATE: August 9, 2005 00,39 SUBJECT: Amendment to County's Election Campaign Ordinance SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT Ordinance amending the provisions of the Election Campaign Ordinance related to elections for the Office of Supervisor and candidate reporting requirements. 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 candidate reporting requirements. On August 2, the Board of Supervisors introduced the Ordinance amending the provisions of the Election Campaign Ordinance related to elections for the Office of Supervisor and candidate reporting requirements; waived the first reading; and set August 9, 2005 for adoption. A copy of the Ordinance is attached. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD MMITTEE APPROVE OTHER SIGNATURE(S): APPROVED AS RECOMMENDED ACTION OF BOARD ONC1p OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON MINUTES OF UNANIMOUS(ABSENT THE BOARD OF SUPERVISORS ON THE DATE SHOWN. j3Q N� ) AYES: NOES: ABSENT: ABSTAIN: Contact: Lisa Driscoll 335-1023 Cc: Steve Weir,County Clerk-Recorder ATTESTED Jim Sepulveda,Sr.Deputy District Attorney JOHN SWEETEN,CLERK OF THE BOARD OFSUPERVISORS BY. ,DEPUTY ORDINANCE NO. 2005-22 (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 11. Section 530-2.707"Voluntary expenditure limits" is hereby repealed. SECTION 111. 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 ($1,675.00), except as provided in section 530-2.705,, subparagraph (a) and in section 530-2.708, subparagraph (c). (Ords.2005-22, § 3, 99-40, 98-6, 96-48, 95-8.) SECTION W. Section 530-2.704 is amended to read: I Ordinance 2005-22 530-2.704 Broad based political committee campaign contributions 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($5,000.00). For a single election cycle,the total aggregate amount of contributions from all broad based political committees which a candidate may accept shall not exceed forty thousand dollars ($40,000.00), except as provided in section 530-2.705, subparagraph (,a). (Ords. 2005-22, § 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($75,000.00)or more,the individual campaign contribution limit applicable to that candidate shall be increased to five thousand dollars($5,000.00) 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($75,000-00)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($75,000-00) or more,the I imit on the amount the candidate can lend to his or her campaign shall be increased to an aggregate amount of fifty thousand dollars ($50,000.00)and the candidate shall be entitled to receive repayment of personal loans in the aggregate amount of fifty thousand dollars ($50,000.00). 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($75,000.00) 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 twenty four hours whenever the committee has made cumulative expenditures of five thousand dollars($5,000-00),ten thousand dollars($10,000.00), fifteen thousand dollars ($15,000.00) and so on in multiples of five thousand ($5,000.00). A committee that makes independent expenditures in support of or in opposition to any candidate 2 Ordinance 2005-22 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($75,000.00). (Ords. 2005-22, § 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 ($25,000.00), except as provided in section 530-2.705, subparagraph(b). (Ords. 2005-22, § 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($25,000.00). 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 ($25,000.00). 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 ($5,000.00) if: (1)the candidate's opponent(s) files a statement of intent to self fund in an amount exceeding twenty-five thousand dollars ($25,000.00), 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($25,000.00) and makes expenditures exceeding twenty-five thousand dollars ($25,000.00). (Ords. 2005-22, § 7, 99-40, 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 ($25,000.00) once the candidate or his or her campaign committee has made expenditures exceeding twenty-five thousand dollars ($25,000.00)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. 2005-22, § 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($100.00) 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. (Ords. 2005-22, § 9, 98-6, 95-8, 92-9, 92-1, 91- 10, 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 AUGUST 9, 2005 , by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKEIMA NOES: NONE ABSENT: NONE ABSTAIN:DONE ATTEST: JOHN SWEETEN, Clerk of the Board and County Administrator By: De ut Board air p Y [SEAL.] 10 MAM: HACAMPA1GN1ord-05-3tina1.wpd 4 Ordinance 2005-22