HomeMy WebLinkAboutORDINANCES - 08061996 - 96-24 k C 3�
ORDINANCE NO. 96-24
(Campaign Spending Reform Ordinance Amendments)
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 section 530-2 .707 to
specify that contributions of $100 or less count toward the
threshold for determining eligibility to incur additional
campaign expenditures, and to provide that an expenditure counts
toward the voluntary expenditure ceiling in the election cycle
during which the expenditure was made and to specify that
repayment of debt pursuant to the debt retirement provision is
not an expenditure subject to the voluntary expenditure ceiling.
The ordinance also adds section 530-2 .711 to specify that
candidates may elect to enter a debt retirement cycle during
which a candidate can accept contributions only for repayment of
debt, to specify the limits on such contributions and to provide
that such contributions are not otherwise chargeable against the
limits on campaign contributions during any election cycle. The
ordinance also adds an uncodified section addressing retroactive
application of ordinance provisions.
SECTION II . Section 530-2 .707 is amended to read:
530-2 . 707 Voluntary expenditure limits
(a) Statement accepting expenditure ceiling. All
candidates, other than recall 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) . All recall
candidates who adopt the expenditure ceiling specified in
subsection (c) may accept contributions in the amounts specified
in section 530-2.703, subsection (c) and section 530-2 .704,
subsection (c) . All candidates who adopt the expenditure ceiling
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specified in subsection (c) may loan their campaigns money up to
the amount specified in section 530-2 .706, subsection (b) .
Before accepting any contributions or making any loans within the
amounts specified in sections 530-2 .703 , subsections (b) and (c) ,
530-2 . 704, subsections (b) and (c) , and 530-2 . 706, 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, at any time after that date which is twelve months
before the date of the primary election for the office 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 election cycle 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. • During 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 subsection (d)
below.
(d) Contributions from individuals. During an election
cycle, a candidate who accepts the voluntary expenditure ceiling
and who raises twenty percent of the amount of that ceiling in
contributions of one hundred dollars ($100) or less from
individuals residing in the supervisorial district in which the
candidate stands for election, may incur ten thousand dollars
($10, 000) in campaign expenditures in addition to that amount
permitted in subsection (c) .
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(e) 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 subsection (d) , who
receives aggregate contributions exceeding the amount of the
expenditure ceiling specified in subsection (c) shall notify the
County Clerk-election division by both 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 subsection
(d) , who makes aggregate expenditures exceeding the amount of the
expenditure ceiling specified in subsection (c) shall notify the
County Clerk-election division by both 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 subsection (d) , who receives
aggregate contributions exceeding the amount of the expenditure
ceiling specified in subsection (d) shall notify the County
Clerk-election division by both 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 has qualified to incur additional
campaign expenditures as specified in subsection (d) , who makes
aggregate expenditures exceeding the amount of the expenditure
ceiling specified in subsection (d) shall notify the County
Clerk-election division by both 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.
(f) 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 expenditures arising out of the
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office holder' s official duties which directly assist the office
holder in performing his official duties, or which directly
relate to a governmental purpose. "Office holder expenses"
include but are not limited to, (a) donations to charitable
organizations; (b) the cost of tickets to political events; (c)
the cost of postage, office supplies, stationary and similar
expenses related to the conduct or performance of the office
holder' s governmental duties; (d) reasonable expenses for travel
to conferences, seminars, educational events and similar
activities related to the office holder' s position; (e) the cost
of books or publications reasonably related to the office
holder' s position; (f) litigation expenses related to the office
holder' s actions as a supervisor. The expenses listed in items
(a) through (f) 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 during a debt retirement
cycle in accordance with section 530-2 .711.
(g) Adoption of expenditure ceiling irrevocable . A
candidate who adopts the expenditure ceiling for the election
cycle for a particular primary election, may not thereafter
revoke his or her adoption of the expenditure ceiling as to that
election cycle. A candidate who is not elected to office in the
primary election, enters the runoff election, and adopts the
expenditure ceiling for the election cycle as to that general
election, may not thereafter revoke his or her adoption of the
expenditure ceiling as to that election cycle.
(h) Timing of expenditures. An expenditure counts toward
the voluntary expenditure ceiling for the election cycle during
which the expenditure is made, regardless of the purpose of the
expenditure.
(Ords. 96-24 §2 ; 95-47; 95-35; 95-8 . )
SECTION III . Section 530-2 .711 is added to read:
530-2 . 711 Debt Retirement
(a) After a candidate is elected to office or is defeated in
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C.
either the primary or general election, the candidate may elect
to enter a debt retirement cycle. A candidate who does not elect
to enter a debt retirement cycle may not accept contributions for
the purpose of retiring debt after the close of the election
cycle in which the candidate was either elected to office or
defeated.
(b) Debt Retirement Cycle. The debt retirement cycle shall
commence on the first day of the election cycle immediately
following the election cycle in which the candidate either was
elected to office or was defeated in the primary or general
election. The debt retirement cycle shall end on the date that
the candidate files the statement terminating the cycle pursuant
to subsection (d) below. In any event, unless sooner terminated-
the debt retirement cycle is automatically terminated one year
from the commencement date specified in this section.
(c) statement electing debt retirement cycle. To enter a
debt retirement cycle, a candidate must timely file with the
County Clerk-elections division a statement, signed under penalty
of perjury, which states that the candidate elects to enter the
debt retirement cycle. A candidate, other than a recall
candidate, can file the statement, at any time after the election
at which the candidate is either elected to office or defeated
and until the close of the election -cycle for that election. A
recall candidate can file the statement at any time during the
first fifteen days after the recall election.
(d) Terminating the debt retirement cycle. The candidate
may terminate the debt retirement cycle at any time, but no later
than thirty days after the date on which the candidate has
retired all campaign debt he or she incurred in the previous
primary election cycle and\or previous general election cycle for
the office. To terminate the cycle, the candidate must file with
the County Clerk-elections division a statement, signed under
penalty of perjury, which states that the candidate has
terminated the debt retirement cycle. Once the candidate
terminates the debt retirement cycle, the candidate may not
accept any contributions for the purposes of retiring debt
incurred in the previous primary election cycle and\or previous
general election cycle for the office.
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(e) Regular election cycle suspended. After entering a debt
retirement cycle and for the duration of the debt retirement
cycle, the candidate' s election cycle shall be suspended. During
the suspended portion of the election cycle, neither the
candidate nor the candidate' s campaign treasurer shall accept any
contribution to or for the candidate or to or for a committee
authorized in writing by the candidate to accept contributions to
him or her. After terminating a debt retirement cycle, a
candidate who was elected to office shall return to his or her
regular. election cycle and may accept campaign contributions as
otherwise permitted in sections 530-2 . 703 and 530-2 . 704 .
(f) Contributions for debt retirement only. (1)After
entering a debt retirement cycle and for the duration of the
cycle, no candidate or campaign treasurer shall accept or use any
contribution to or for the candidate or to or for a committee
authorized in writing by the candidate to accept contributions to
him or her, for any purpose, including officeholder expenses,
except debt retirement . (2) During the debt retirement cycle,
subject to the contribution limits specified in subsection (g)
below, the candidate may raise as much money as is necessary to
retire all campaign debt he or she incurred during the primary
election cycle and\or general election cycle for the office. (3)
The amount of money used to retire debt during the debt
retirement cycle must be equal to the aggregate amount of
contributions received during the debt retirement cycle, except
when such aggregate contributions exceed the amount of the
candidate' s debt at the commencement of the cycle . If aggregate
contributions received exceed debt, the candidate shall return
such excess contributions within thirty days of the date on which
the candidate has retired his or her debt . The candidate shall
determine to whom contributions shall be returned, but shall not
return to any contributor an amount in excess of the contribution
received from that contributor.
(g) Contribution limits. The following contribution limits
apply to candidates who have filed a statement electing to enter
a debt retirement cycle pursuant to subsection (c) (1) above. (1)
For candidates, including recall candidates, who did not adopt
the voluntary expenditure ceiling defined in section 530-2 .707 in
the primary election, or, in the event of a runoff, did not adopt
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the ceiling for both the primary and general election, during the
debt retirement cycle the contribution limits provided in
sections 530-2 .703 (a) and 530-2 . 704 (a) shall apply. During the
debt retirement cycle, the candidate may accept the maximum
allowable contributions from individuals and committees under
section 530-2 . 703 (a) and from broad based political committees
under section 530-2 . 704 (a) . (2) For candidates, except recall
candidates, who did adopt the voluntary expenditure ceiling in
the primary election and, in the event of a runoff, in the
general election, during the debt retirement cycle the
contribution limits provided in sections 530-2 . 703 (b) and 530-
2.704 (b) shall apply. During the debt retirement cycle, the
candidate may accept the maximum allowable contributions from
individuals and committees under section 530-2 .703 (b) and from
broad based political committees under section 530-2 . 704 (b) .
(3) For recall candidates who adopted the voluntary expenditure
ceiling in the recall election, during the debt retirement cycle
the contribution limits provided in sections 530-2 . 703 (c) and
530-2 .704 (c) shall apply. During the debt retirement cycle, the
candidate may accept the maximum allowable contributions from
individuals and committees under section 530-2 . 703 (c) and from
broad based political committees under section 530-2 . 7.04 (c) .
(4)When "election cycle" is used in sections .530-2 . 703 and 530-
2 . 704, it shall, for purposes of this section, be deemed to mean
"'debt retirement cycle. "
(h) Contributions chargeable against debt retirement cycle
only. Contributions made and received during the debt retirement
cycle shall be chargeable against the limits on campaign
contributions specified in sections 530-2 . 703 , 530-2 . 704, and
530-2 .710 for the debt retirement cycle only.
(i) Expenditures subject to ceiling. Notwithstanding
section 530-2 . 707 (h) , for those candidates who adopted the
voluntary expenditure ceiling and to whom the contribution limits
provided in sections 530-2 . 703 (b) or (c) and 530-2 . 704 (b) or
(c) apply, expenditures for the purposes of raising money to
retire debt shall count toward the voluntary expenditure ceiling
for the election cycle for the election at which the candidate
was elected or defeated, except for expenditures made during the
debt retirement cycle for direct costs of fund-raising to retire
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debt, including but not limited to restaurant or catering bills,
printing and mailing, and hall rentals, but not including
payments to consultants or fund-raisers for assistance in
fundraising. Repayment of debt itself during a debt retirement
cycle shall not be an expenditure subject to the voluntary
expenditure ceiling for any election cycle.
(j ) Reports. Candidates who enter a debt retirement cycle
must file a semiannual campaign statement on every date a
semiannual campaign statement is required by the Political Reform
Act covering the same time period as the statement filed pursuant
to state law. Statements shall be filed in the County Clerk-
elections division office.
(k) A candidate may elect to enter a debt retirement cycle
regardless of the total amount of the campaign debt incurred in
the previous primary and\or previous general election cycle for
the office and regardless of whether the debt was incurred
through a personal loan by the candidate or through another
source.
(Ord. 96-24 § 3 . )
SECTION IV. RETROACTIVE AMENDMENT. To avoid confusion during
the election cycle which commences July 1, 1996 for the general
election to be held November 5, 1996, it is the Board of
Supervisors intent that the amendments to section 530-2 . 707,
subsections (f) (4) and (h) and section 530-2 . 711 shall apply
retroactive to July 1,. 1996 .
SECTION V. PRIMARY CANDIDATES IN 1996 . Candidates who were
either elected to office or defeated in the primary election held
in March 1996, ( "primary candidates") and who have outstanding
campaign debt on the effective date of this ordinance may elect
to enter a debt retirement cycle pursuant to section 530-2 . 711 .
Within 15 days of the effective date of this ordinance, a primary
candidate who chooses to enter a debt retirement cycle must file
a statement so electing with the County Clerk- Election division
office. For the primary candidates who timely file a statement
electing to enter a debt retirement cycle, the debt retirement
cycle shall be deemed to have commenced on July 1, 1996 . For the
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primary candidates who enter a debt retirement cycle,
contributions received between July 1, 1996 and the effective
date of this ordinance shall be deemed to be contributions for
the purposes of debt retirement and shall be subject to sections
530-2 . 711 subsections (f) , (g) ; and (h) . For the primary
candidates who enter a debt retirement cycle, expenditures made
between July 1, 1996 and the effective date of this ordinance
shall be deemed to be expenditures to retire debt and shall not
be subject to the voluntary expenditure ceiling for any election
cycle.
SECTION VI . EFFECTIVE DATE. This ordinance becomes effective 30
days after passage, and within 15 days after passage shall be
published once with the names of supervisors voting for and
against it in the Contra Costa Times a newspaper
published in this County.
PASSED ON August 6, 1996 by the following vote :
AYES : Supervisors Rogers, Bishop, DeSaulnier, Torlakson, Smith
NOES : None
ABSENT: None
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk of
the Board and County Administrator
By:
Deputy Bo r it
v
[SEAL]
a:\rog.730
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