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HomeMy WebLinkAboutMINUTES - 02141995 - S1 � o I TO BOARD OF SUPERVISORS FROM: Supervisor Jim Rogers and Contra ra Supervisor Jeff Smith Costa DATE'. February 14, 1995 Coi r"1 SUBJECT: introduce Campaign Spending Reform Ordinance SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: INTRODUCE and CONSIDER Campaign Spending Reform Ordinance BACKGROUND: / See attached CONTINUED ON ATTACHMENT: YES SIGNATURE: ' RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEND 1 ARD COMMIT 1E APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON OTHER All persons desiring tospeak having been ear , e oarA68ffSa�mpalMpAqrrM'fOrn — Ordinance,waived reading,and SET February 28, 1995,for adoption. VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE IC UNANIMOUS (ABSENT '- ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE 13DARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. cc: Supv. Smith and Supv. Rogers ATTESTED CAO's office - -- — PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR M382,'1-83 BY �' ! ����`' ,DEPUTY ORDINANCE NO. 95- Campaign Spending Reform Ordinance (Voluntary campaign expenditure limits for supervisorial campaigns; advertising disclosure requirements for independent expenditure committees) 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 the Fair Campaign Ordinance to specify contribution limits for independent committees, to add additional reporting requirements for independent committees, to add Article 530-2 . 7 "Supervisorial Campaigns, " which specifies the contribution and voluntary expenditure limits for campaigns for the office of supervisor, and to add Article 530-2 . 9 "Campaign Advertising Disclosure, " which specifies the advertising disclosure requirements for mass mailings sent by independent committees . SECT_ION II . Section 530-2 . 407 is added to the County Ordinance code to specify the limits for contributions to committees making independent expenditures , to read: 530-2 . 407 Contributions to committees making independent expenditures . In any county election cycle, any committee that makes more than five thousand dollars ( $5 , 000 ) in independent expenditures for or against a candidate for the office of County Supervisor during the twelve months preceding the election for that office shall not accept contributions exceeding two thousand five hundred dollars 02 , 500) from a single source other than contributions from broad based political committees , which are limited to five thousand dollars ($5 , 000 ) . (Ord. 95- §2 . ) SECTION III . Article 530-2 . 7 is added to the County Ordinance Code to specify the contribution and voluntary expenditure limits for supervisorial campaigns, to read: Article 530-2 . 7 Supervisorial Campaigns 530-2 . 702 Application. (a) This Article applies only to candidates for the office of County Supervisor. Unless otherwise specified, "candidate" includes recall candidates . "Recall candidates" means those candidates who are running to replace an incumbent Supervisor who is the subject of a ballot measure calling for his or her recall . ORDINANCE NO. 95- 1 (b) Ordinance Code sections 530-2 . 402, 530-2 . 404 , 530-2 . 405 and 530-2 . 603 shall not apply to candidates for the office of County Supervisor. (c ) To the extent that there is any conflict between the provisions of this article and the other provisions of Chapter 530-2 , the provisions of this chapter shall prevail as to campaigns for the office of County Supervisor. (Ord. 95- § 3 . ) 530-2 . 703 Individual campaign contributions . (a ) In a single 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 during that election cycle to exceed one hundred dollars ($100 ) , except as provided in subparagraphs- (b)and c) below. (b) - For candidates , except recall candidates , who adopt the voluntary expenditure ceiling defined in section 530-2 . 707 , in 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, which will cause the total amount contributed by that person or political committee in support of that candidate during that election cycle to exceed ,--two tliau-s-a-nd—frve—hund-r-ed—d_ .o-1-l-a-r-s-m(5�-5.0.0j-. -�� 7a1� (c) For recall candidates who have adopted the voluntary expenditure ceiling defined in section 530-2 . 707 , the contribution limits for special elections specified in Government Code section 85305 subsection(c ) ( 1 ) and ( 2 ) shall apply. (Ord. 95- S 3 . ) 530-2 . 704. Broad based political committee campaign contributions . (a ) In a single 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 during that election cycle to exceed two thousand five hundred dollars ( $2 , 500 ) , except as provided in subparagraplis (b) and (c ) below. In a single election cycle, the total aggregate amount of contributions from all broad based political committees which a ORDINANCE NO. 95- ���� L' 2 candidate may accept shall not exceed ten thousand dollars ( $10 , 000 . ) except as provided in subparagraphs (b) and (c) below. (b) For candidates , except recall candidates , who adopt the voluntary expenditure ceiling defined in section 530-2 .707 , in 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 during that election cycle to exceed five thousand dollars ($5 , 000 . ) . In a single county . election cycle, the total aggregate amount of contributions from all broad based political committees which a candidate adopting the voluntary expenditure ceiling may accept shall not exceed forty thousand dollars ( $40, 000 . ) (c) For recall candidates who adopt the voluntary expenditure ceiling defined in section 530-2 . 707 , during the special election cycle for the election to replace the incumbent subject to recall , the contribution limits for special elections specified in Government Code section 85305 subsection(c) ( 3 ) shall apply. In a single special election cycle, the total aggregate amount of contributions from all broad based political committees which a recall candidate adopting the voluntary expenditure ceiling may accept shall not exceed forty thousand dollars ( $40 , 000 . ) 530-2 . 705 Return of excess contributions . If for any reason the contribution limits set forth in Section 530-2 . 703 and 530-2 . 704 have been exceeded, the candidate, other than a recall candidate, or campaign treasurer may within thirty days after receipt, return the excess amount of the contribution to the contributor without penalty. The return of excess contributions by recall candidates shall be governed by the provisions of the California Code of Regulations . (Ord. 95- § 3 . ) 530-2 . 706 Limitation on personal loans . (a) In a single election cycle, no candidate shall lend to his or her campaign or controlled committee any amount in excess of five thousand dollars ( 55, 000) except as provided in subparagraph (b) below. (b) For candidates who adopt the voluntary expenditure ceiling defined in section 530-2 . 707 , the limitation on personal loans provided in subparagraph (a) above shall not apply. (Ord. 95- § 3 . ) ORDINANCE NO. 95- 3 530-2 . 707 Voluntary expenditure limits a ) Statement accepting expenditure ceiling . All candidates , other than recall candidates , who adopt the expenditure ceiling specified in subsection Lb) below may accept contributions in the amounts specified in section 530-2 . 703 , subsection (b) and section 530-3 . 704 , subsection (b) . All recall candidates who adopt the expenditure ceiling specified in subsection (b) below may accept contributions in the amounts specified in section 530-2 . 703 , subsection (c) and section 530- 3 . 704 , subsection (c) . Before accepting any contributions in the amounts specified in those sections , a candidate as specified in subsection (b) below, must file a statement with the County Clerk- election division at the time the candidate files the declaration for candidacy. (b) Amount of expenditure ceiling. During an election cycle , candidates who agree to accept the voluntary expenditure ceiling shall not incur campaign expenditures exceeding ei ht y thousand dollars ( $80, 000 . ) . o, ---� --2-� 9L (c ) Notification by candidate who exceeds ceiling. A candidate who declines to accept the voluntary expenditure ceiling and who receives contributions or makes expenditures equal to or exceeding the amount of the expenditure ceiling shall notify the County Clerk-election division by both telephone and guaranteed overnight mail on the day the expenditure ceiling is exceeded . (d ) Exclusions . For purposes of this Article, expenditures subject to the expenditure ceiling do not include: ( 1 ) expenditures k:p= 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 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 ORDINANCE NO. 95- 4 (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. (Ord. 95- § 3 . ) 530-2 . 708 . Separate and special election cycles . (a) There shall be separate election cycles for the primary election and for the general election, unless the candidate is elected to office in the primary election. (b) There shall be a special election cycle for the election to fill the seat of an incumbent Supervisor who is the subject of a ballot measure seeking the Supervisor' s recall . The special election cycle shall begin the date the recall measure is certified for the ballot and shall terminate the day of thQ special recall election. (Ord. 95- § 3 . ) 530-2 . 709 . Fair Campaign Pledge. For elections for the office of County Supervisor, paragraph 10 of the Fair Campaign Pledge shall read: "I shall limit my campaign expenses in t�e ectio to no more than eighty thousand dollars 1580 , 000 . ) . " (Ord . 95- § 3 . ) 530-2 . 710 Contributions cumulated . In a single election cycle, if an individual , committee, or broad based political committee contributes at least one hundred dollars to a candidate, then the cumulative amount of any contributions to that candidate and contributions to independent expenditure committes on behalf of that candidate made by such individual or committee shall not exceed five hundred dollars ($500 . ) , and in the case of broad based political committees shall not exceed five thousand dollars ($5 , 000 ) . (Ord. 95- § 3 . ) SECTION IV. Section 530-2 . 804 of the County Ordinance Code is amended to require disclosure of. the identities of persons who direct or control independent committees , 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 ) (a) the total amount of all contributions received during the period covered by the campaign statement that equaled twenty- five dollars, or more, and (b) the total of all contributions of less than that amount. ORDINANCE NO . 95- 5 ( 2 ) If the cumulative amount of contributions during the election 2gycle from a person is more than twenty-five dollars and less than one hundred dollars and a .contribution has been received from that person during the period covered by the campaign statement, the statement shall include the date, amount, and type of each contribution, such as monetary or nonmonetary ( in-kind contribution) . In the case of in-kind contributions , the fair market value shall be reported. If the value is unknown, a written valuatio shall be obtained from the donor and this valuation reported. /�d-) 112- 04 e4 -S-v"_0 ') -%, ( 3 ) If the cumulative amount of contributions during the election c cle 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 subsections ( f ) , (r) , and (u). ( 4 ) The statement shall contain the same disclosures of expenditures required by Government Code section 84211 subsections (b) , (h) , (i ) , ( j ) , (m) , . (s ) , (t) , and jy . ( 5 ) 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. ( 6 ) 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 . (Ords . 95- § 4 , 92-9 , 92-1 , 91-10, 84-9 . ) SECTION V. Section 530-2 . 806 of the County Ordinance Code is amended to require disclosure of the identities of persons who direct or control independent committees domiciled outside this county, to read: 530--2 . 806 Out-of-county committee reports . Committees domiciled outside this county which make independent expenditures or contributions for or against any candidate for county office, or for or against the qualification of, or passage of any local ballot measure which is being voted upon only in Contra Costa County shall file a report with the county clerk' s elections division, in the time and manner required by Government Code Sections 84200 ff . and section 530-2 . 804 , subsection (6 ) for committees domiciled in this county which either support or . oppose a candidate for county office or support or oppose a local ballot measure which is being voted on only in this county. (Ords . 95- 5 , 92-1 , 91-10, 84-9 . ) ORDINANCE NO. 95- 6 SECTION VI . Article 530-2 . 09 is added to the County Ordinance Code to require disclosure of contributors on mailers by independent committees, to read: Article 530-2 . 09 Campaign Advertising Disclosure 530-2 . 902 Disclosure of contributors required. Any committee that makes , during the calendar year in which the election is held, more than five thousand dollars ($5 , 000 . ) in independent expenditures for or against a candidate for county office or for or against the qualification of, or passage of a_ local ballot measure being voted on only in this county shall list the following information in a clear and legible manner on the bottom one-third of the front page of any mass mailing sent by the committee in the election for which the independent . expenditures were made. ( 1 ) The names and occupations of individuals and the names and business interests of non-individuals , of the five largest contributors to the committee during the twelve months preceding the most recently passed campaign reporting period listed in order of the amount of contributions (except that no contributor with cumulative contributions of two hundred fifty dollars ( $250 ) or less need be listed) . The disclosure shall read: "Major funding by: (name and occupation or business interest)" . In the case of contributions from committees the disclosure shall read: "Major funding by: (name of committee) ; Expenditures directed by: (name and occupation or business interest of persons or non- individuals who direct or control the expenditures of the committee) " ; and ( 2 ) If the committee has received at least one third of its total contributions during the twelve months preceding the most recently passed campaign reporting period from large out-of-town contributor(s ) , the disclosure shall state "Major funding from large out-of-town contributors . " "Large out-of-town contributors " means a ) those contributors who either are not residents of the county or do not have a principal place of business in the county and b) whose cumulative contributions to the committee are $500 or more for the twelve month period preceding the most recently passed campaign reporting period. (Ord. 95- § 6 . ) SECTION VII . 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 a newspaper published in this County. ORDINANCE NO. 95- PASSED ON , by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator By: Deputy Board Chair [SEAL] MAM\am a:\docs\campaign.ord ORDINANCE NO. 95- 8