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HomeMy WebLinkAboutMINUTES - 12161997 - D4 TO: BOARD OF SUPERVISORS _ SEL DCOntra SUPERVISOR JIM ROGERS FROM: Costa o. County December 11 , 1997 DATE: —'emus c SUBJECT: AMENDMENT TO ELECTION CAMPAIGN ORDINANCE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: INTRODUCE the attached Ordinance revising the escalator provisions of the Election Campaign Ordinance, WAIVE reading, and FIX January 6, 1998 for adoption of the Ordinance. BACKGROUND: The Board has before it on December 16, 1997, a report from the Internal Operations Committee recommending the introduction of an Ordinance to make a number of amendments to the Election Campaign Ordinance. The only issue not addressed in that report is the question of how, when and under what circumstances the escalator provisions of the Election Campaign Ordinance will be triggered. I am recommending the adoption of the attached ordinance which is explained in more detail by the attached memo from Deputy County Counsel Mary Ann Mason. This ordinance would do the following: ✓ For a candidate accepting the voluntary expenditure limit, the voluntary expenditure ceiling would escalate in increments of $5,000 each time the candidate receives notice that a particular opponent who does not accept the ceiling has made cumulative expenditures of$5,000. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER I 4L/' / SIGNATURE(S): J" ROGERS ACTION OF BOARD ON December 16, 1997 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT AN ORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENT D ON THE MINUTES OF THE BOARD ABSENT: ABSTA OF SUPERVISO ON THE DATE SHOWN. Contact: County A inistrator ATTESTED PHIL BATCHELOR,CL OF THE BOARD OF cc: Distri ttorney SUPERVISORS AND COUNT MINISTRATOR -,County Counsel County Clerk-Recorder BY DEPUTY DA ✓ For a candidate accepting the voluntary expenditure limit, the voluntary expenditure ceiling would escalate in increments of $5,000 each time the candidate receives notice that an independent committee has made cumulative independent expenditures opposing the candidate or supporting his or her opponent in the amount of$5,000. ✓ The above provisions would not apply in the case of the receipt of contributions, only in the case of expenditures. ✓ Provisions are included tor specify how notice must be given. ✓ The Ordinance also clarifies the maximum expenditures which are permitted under specified circumstances. I urge the Board of Supervisors to approve the recommendation set forth above. -2- COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ,CALIFORNIA Date: December 11, 1997 To: Internal Operations Committee From: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel /14 Re: Draft revisions to escalator clause for voluntary expenditure ceiling We have prepared draft revisions to ordinance section 530-2.707"Voluntary expenditure limits," as shown in draft subsections(a), (d), (e), (f), (h), and (i). A copy of the draft revisions is attached. All changes to the other provisions of section 530-2.707 to be considered by the Board of Supervisors on December 16 are incorporated in the attached draft ordinance as if adopted. Deletions ...................... from the existing ordinance are shown by s•�eur and additions are shown by As revised, section 530-2.707 (a) would be amended to specify the section in the California Code of Regulations pursuant to which candidates are required to file a statement indicating acceptance or rejection of voluntary expenditure ceilings before accepting contributions from any other person. (See Tit. 2 C.C.R. § 18541, copy attached.) As revised, section 530-2.707 subsection(d)"Candidate whose opponent does not adopt ceiling" would provide that the voluntary expenditure ceiling for a candidate accepting the ceiling would escalate in increments of$5,000 each time the candidate receives notice in the form specified, that a particular opponent who does not accept the ceiling has made cumulative expenditures of$5,000. Subsection(e)"Independent expenditures against candidate or on behalf of candidate's opponent" would provide that the voluntary expenditure ceiling for a candidate accepting the ceiling would escalate in increments of$5,000 each time the candidate receives notice as specified, that an independent committee has made cumulative independent expenditures opposing the candidate or supporting his or her opponents, in the amount of $5,000. Expenditures by the same independent expenditure committee for the same supervisorial race would be cumulated. (Draft §530-2.707, subsections(d), (e).) Because the threshold amount which triggers escalation of the voluntary expenditure ceiling would be reduced from $10,000 to $5,000, neither expenditures made by various opponents nor expenditures made by various independent expenditure committees would be cumulated for purposes of determining if the threshold is met. (Cf. Ord. § 530-2.707 (d), (e).) The ordinance would no longer provide that the ceiling escalates when an opponent who does not adopt the voluntary expenditure ceiling or an independent committee opposing the candidate, receives contributions in a particular amount. Candidates not adopting the ceiling and independent committees would no longer have to give notice of the receipt of contributions in the threshold amount. (Cf. Ord. § 530-2.707 (h), (i).) Internal Operations Committee 2 December 11, 1997 The provisions by which candidates not accepting the voluntary ceiling and independent expenditure committees give notice of expenditures would be revised. A candidate not accepting the ceiling would have to notify the County Clerk and all candidates for the pertinent office within 24 hours, of expenditures made in multiples of$5,000. (Draft §530-2.707, subsections (d), (h). )Pursuant to Title 2 California Code of Regulations section 18550, an independent committee which makes independent expenditures totaling $1,000 or more to support or oppose a single candidate, must report the expenditure within 24 hours by facsimile, guaranteed overnight delivery or personal delivery. The report must be filed each time the $1,000 threshold is met. The committee must file the report with the County Clerk and send a copy to all candidates in the race for which the expenditure was made. (2 C.C.R. § 18550 (a), (c), copy attached; Gov't. Code § 84215 (d).) As revised section 530-2.707 (i) would specify that independent committees, as required by the regulation, must file the expenditure report with the County Clerk and all candidates in the race for which the expenditure was made. Draft subsection(f) "Maximum" would provide that if a candidate qualifies for the"small contributor increase" of$10,000, but not for any other increase in the voluntary expenditure ceiling, that candidate's voluntary expenditure ceiling shall not exceed $90,000. Whether or not the candidate qualifies for the small contributor increase, if the candidate qualifies for multiple increases in the voluntary expenditure ceiling based on expenditures made by an opponent not accepting the ceiling, and\or by an independent expenditure committee opposing the candidate or supporting his or her opponents, the voluntary expenditure ceiling shall not exceed $240,000 in any event. (Draft § 530- 2.707, subsection (f).) This amount is three times the$80,000 voluntary expenditure ceiling. This is consistent with Government Code section 85404 which provides for a tripling of the voluntary expenditure ceiling when 1) an opponent who declines to accept the ceiling receives contributions or makes expenditures equal to 75% or more of that ceiling or 2) an independent committee spends 50% or more of the ceiling either against a candidate who accepted the ceiling or for his or her opponent. MAM\am attachments cc: County Clerk District Attorney Attn: James Sepulveda, Deputy District Attorney Title 2 Fair Political Practices Commission § 18541 2.Certificate of compliance including amendment transmitted to OAL 12-21-88 HISTORY and filed 1-19-89.operative 1-19-89(Register 89.No.4). 1.New section filed 9-20-90 as an emergency:operative 9-20-90(Register 90. 3.Change without regulatory effect repealing section filed 2-24-93;operative No.44).A Certificate of Compliance must be transmitted to OAL by 1-18-91 2-24-93 pursuant to title 1,section 100.California Code of Regulations(Reg- or emergency language will be repeated by operation of law on the following ister 93,No.9). day. 2.Repeated by operation of Government Code section 11346,l(g)(Register 91. f 18536.1. Establishment of Separate Bank Account for No.46). Contributions In Compliance with Contribution 6 18538.2. Political Endorsements. Limitations. N07E: Authority cited:Section 83112,Government Code.Reference:Sections Nom- Authority cited:Section 83112,Government Code;and Section 12400, 82015 and 85304,Government Code. Elections Code.Reference:Sections 85200,85201 and 85301-85306,Govern- HISTORY ment Code;and Section 12400,Elections Code. 1.New section filed 9-1790 as an emergency;operative 9-17-90(Register 90, HIs7ORY No.43).A Certificate of Compliance must be transmitted to OAL by 1-15-91 1.New section filed 9-26-88 as an emergency.operative 9-26-88(Register 88, or emergency language will be repealed by operation of law on the following No.41).A Certificate of Compliance must be transmitted to OAL within 120 day. days or emergency language will be repealed on 1-24-89. 2.Repealed by operation of Government Code section 11346.1(g)(Register 91, 2.Certificate of Compliance including amendment transmitted to OAL 12-21-88 No.46). and filed 1-19-89.operative 1-19-89(Register 89,No.4). 3.Change without regulatory effect repealitg section filed 2-24-93;operative 118539. Contributions to and by Political Parties and 2-24-93 pursuant to title 1,section 100,Cahfomia Code of Regulations(Reg- Political Party Committees. ister 93,No.9). (a)For the purposes of the contribution limits set forth in Government §18536.2. Use of Campaign Funds for Any Lawful Code Section 85305 the following organizations and their committees, as defined in section 82013(a),shall be considered political parties: Purpose Other Than to8upportorOpposea (1)The statecentralcommittee orthestatewide governing body ofany Candidacy for Elective Office. political party or of any organization which is qualified for participation No7E Authority cited:Section 83112,Government Code;and Section 12400, in a primary election pursuant to Chapter 2 of Division S of the Elections Election Code.Reference:Section 85306,Government Code;and Sections 12400 Code(commencing with ant to i 5100 and 12401,Elections Code. ( 8 )• Htnmy (2)A county central committee established pursuant to the following 1.New section filed 9-26-88 as an emergency;operative 9-26-88(Register 88, provisions of the Elections Code:Sections 7200 through 7244;Sections No.41).A Certificate of Compliance must be transmitted to OAL within 120 7400 through 7444;Sections 7650 through 7695;Sections 7850 through days or emergency language will be repealed on 1-24-89. 7884;and Section 5005. 2.Certificate of Compliance including amendment transmitted to OAL 12-21-88 and filed 1-1949;operative 1-19-89(Register 89,No.4). (b)No political party,as defined in subdivision(a),shall be considered 3.Change without regulatory effect repealing section filed 2-24-93;operative a controlled committee for the purposes of the contribution limits set 2-24-93 pursuant to title 1,section 100,California Code of Regulations(Reg. forth in Government Code Section 85305. ister 93.No.9). (c)If the same person or a majority of the same persons in fact directs and controls the decisions of two or more organizations,and at least one §18537. Contribution Limits and Application to Repaid of those organizations is a political party,as defined in subdivision(a), Loans. those organizations shall be considered one political party for purposes (a)A loan,other than a loan specified in Government Code section of the contribution limitations set forth in Government Code Section 85307,constitutes a contribution and shall be subject to the contribution 85305. limits of Government Code Section 85305.Forgiveness of a loan within Nom-Authority cited:Sections 83112,Government Code.Reference:Sections the same election cycle in which it is made shall not constitute an addi- 82013,82016,85302-85305,Government Code. tional contribution for purposes of the contribution limitations. HISTORY (b)Repayment of a loan in whole or in part shall enable the lender, 1.New section filed 11-26-90;operative 12-26-90(Register 91,No. 1). guarantor,endorser,or consigner to make additional contributions to the 2.Amendment filed 4-26-95.operative 4-26-95 pursuant to Government Code same candidate or committee during the same election cycle in which the section 11343.4(d)(Register 95,No. 17). loan made 3. Amendment of section and repealer of footnote fled 10-23-96.operative 10-23-96 pursuant to Government Code section 11343.4(d)(Register 96.No. (c)Each ban received shall be reported as a contribution on the cam- 43). paign report for the reporting period in which it was received regardless 118540. Limitations on Oft and Honoraria. of whether it has been retired forgiven,or remains outstanding in whole or in part.A candidate or committee which has repaid a loan,in whole NOTE: Authority cited:Section 83112.Government Code.Reference:Sections 85400 and 87207.Government Code. or in part,and has received an additional contribution during the election HISTORY cycle in which the loan was made,shall include on the campaign state- 1.New section filed 5-7-90;operative 6-6-90(Register 90.No.24). ment for each period in which repayment is trade a notation indicating 2.Repealer filed 7-1-92:operative 7-31-92(Register 92,No.28). that the amount of the contributor's contribution has been reduced ac- §18541. Voluntary Expenditure Limiter--Notlfbation and cordingly. NOTE: Authority cited: Section 83112,Government Code.Reference Sections Designation Requirements. 84211,95301,85302.85303 and 85305.Government Code. (a)Every candidate shall file a statement of acceptance or rejection of HISTORY the voluntary expenditure ceilings in Section 85400 before accepting 1.New section filed 7-13-90.operative 8-12-90(Register 90,No.34). contributions from any other person.The statement shall be filed by first 2.Amendment filed 4-26-95;operative 4-26-95 pum ant to Government Code class mail,guaranteed overnight delivery service,or personal delivery. section 11343.4(d)(Register 95,No. 17). (b)A candidate who declines to accept voluntary expenditure ceilings 3.Amendment of subsection(a)and repealer of footnote filed 10-2-1-96:opera- and who receive.,contributions,has cash on hand or makes qualified ex- No.43).10.27-96 pursuant b Government Code section 11343.4(d)(Register 96, penditures equal to 65 percent or more of the recommended expenditure No. ceiling for that office shall file a statement so indicating within 24 hours 11853& Ballot Measure Committees;Expenditures as of meeting the threshold set forth in this subsection.The statement shall Contributions to Candidates. be filed by guaranteed overnight delivery service or personal delivery. NarE Authority cited:Section 83112.Government Code.Reference:Sections (c)A candidate who declines to accep(volunlary expenditure ceilings 85301,85302,85303 and 95305,Government Code. and who receives contributions,has cash on hand or makes qualified ex- Page 424.1 R.Si w 97.No.39.9-26-97 § 18550 BARCLAYS CALIFORNIA CODE,OF REGULATIONS Title 2 pendiiures equal to 75 percent or more of the recommended expenditure (d)A candidate orcommittee reporting independent expenditures pur- ceiling for that office shall file a statement so indicating within 24 hours suint to this section shall be deemed to have complied with Gov.Code of meeting the threshold.The statement shall be filed by guaranteed over- Section 94204 with regard to those expenditures. night delivery service or personal delivery. NOTL: Authority cited:Section 83112,Government Code.Reference:Sections (d)The Commission shall be the filing officer for the statements re- 85404 and 85500.Government Code. quired by this section.The filer shall, in addition.send,by guaranteed HISTORY overnight deliver service,personal deliver or facsimile transmission. 1.New section filed 9-23-97:operative 9-23-97 pursuant to Government Code y y section 11343.4(d)(Register 97,No.391.For prior history,see Register 81,No. a copy of each statement to the filing officer who receives the candidate's 8. original campaign statements,and to each candidate who,at the time the statements required by this section are due,has filed a declaration of can- 1�� Noticexp Requirement for Independent didacy Or other nomination papers for the same office and election. NomExpenditures Exceeding nt Code$10,00. (e)The Secretary of State or local elections officer shall designate on 85604 Authority cited: Section 83112,Government Code. Reference: Section the ballot and in the ballot pamphlet and sample ballot those candidates 85604,Government Code. HISTORY who have voluntarily agreed to expenditure ceilings by placing a dia- 1.New section filed 1-25-90;operative 2-24-90(Register 90,No.5). mond next to the name of the candidates.At the bottom of each page on 2.Repealer filed 4-26-95:operative 4-26-95 pursuant to Government Code sec- which the diamond appears,the filing officer shall place the following tion I I343.4(d)(Register 95,No. 17). language in no less than 8-point type:"A diamond means the candidate has agreed to voluntarily limit campaign spending." Article 1. Statewide Measures (f)The requirements of subsections(b),(c),and(e)are not applicable where all candidates for the sameoffice have declined to accept voluntary j 18570. Cost of Living Increases and Voting Age expenditure ceilings. Population. NOTE Authority cited:Sections 83112,Government Code.Reference:Sections NOTE: Authority cited:Section 83112,Goverment Code.Reference:Sections 85400 through 85404 and 85602,Government Code. HISTORY 85300-85305,Government Code. HISTORY 1.New section filed 1-6-97 as an emergency,operative 1-6-97.Submitted to 1 New Article 3(§§18570-18590,not consecutive)filed 9-12-75 as an emer- OAL for printing only(Register 97,No.2). gency;effective upon filing.Certificate of Compliance included(Register 75, 2.Editorial correction of HISTORY 1(Register 97,No.25). No.37). 3.Section refiled as a permanent regulation 6-17-97,including amendments w 2.Repealer filed 2-3-78;effective thirtieth day thereafter(Register 78,No.5). subsections(d)and(e):operative 6-17-97.Submitted to OAL for printing only For prior history,see Register 76,No.16. (Register 97,No.25). §18580• Direct Personal Benefit Defined. NOTE Authority cited: Section 83112,Government Code. Reference: Section 118550. Independent Expenditure Reports Required by 85800,Government Code. Gov.Code Sections 85404 and 85500. Htsroev 1.Repealer filed 4-14-76:effective thirtieth day thereafter(Register 76.No.16). (a)A candidate or committee that makes independent expenditures to- 2 New section filed 11-15-90:operative 12-15-90(Register 90,No.50). taling$1,000 or more to support or oppose a single candidate in connec- 3.Renumbering and,amendment of former section 18590 to section 18960 filed tion with anyelection in which the candidate is on the ballot,is attempting 4-26-95.operative 4-26-95 pursuant to Government Code section 11343.4(d) to be on the ballot,or is a write-in candidate shall report the expenditures (Register 95,No. 17). within 24hours.The report shall be f iled by facsimile transmission.guar- 118585 Defining "Acting Jointly." anteed overnight delivery,or personal delivery. A report shall be filed HISTORY each time the$1.000 threshold is met. !.Repealer filed 4-14-76:effective thirtieth day thereafter(Register 76,No.16). (b)The following information must he included in the report: (1)The full name and street address of the candidate or committee §18586. Statements of Intent. making the independent expenditure,and the identification number,if HISTORY any,assigned to the candidate or committee by the Secretary of State. 1.Repealer filed 4-I4-76.effective thirtieth day thereafter(Register 76.No.16). (2)The full name,office sought and district number,if any,of the can- ¢18587. Procedure for Reviewing Statements of Intent didate supported or opposed by the independent expenditure. (85300-85305)• (3)Whether the independent expenditure supported or opposed the NOTE: Authority cited:Section 83112,Government Code.Reference:Sections candidate. 85300-85305,Government Code. (4)The date and amount of the independent expenditure.In the case HISTORY of ongoing expenditures,the filer may provide an estimate of expendi- I.New section filed 9-30-75 as an emergency:effective upon filing(Register 75, tures covering no more than 14 calendar days.If the actual amount of on- No.40). going independent expenditures made during the period differs from the 2.Certificate of Compliance filed 1-23-76(Register 76,No.4). estimated amount by 10 percent or more,an amended report shall be filed 3.Repealer filed 4-14-76:effective thirtieth day thereafter(Register 76.No.16). within 24 hours. §18588. Statements of Intent:Combined Filings; (5)A description of the goods or services for which the independent Separations After a Combined Filing. expenditure was made. (85300-85305)• (c)The candidate or committee filing the report shall file in the places NOTE Authority cited:Section 83112.Goverment Code.Reference:Sections specified in Gov.Code Section 84215 for committees primarily formed 85300-85305,Government Code. to support or oppose the candidate who was the subject of the independent HISTORY expenditure.Copies shall also Ire sent to all candidates who,at the time 1.New section filed 10 9 75 as an emergency:effective upon filing(Register 75, the statements required by this section are due,have filed a declaration No.41). of candidacy or other nomination papers for the Same office and election 2.Certificate of Compliance filed 1 23 76(Register 76.No.4). as the candidate supported Or OppOsetl.l'or reports of indept:ndenl expen- 3.Repealer fried 4 14 76.effective thirtieth day thereafter(Register 76,No.16). ditures supporting or opposing candidates for elective state office as de- §18590. Formula for Authorization to Spend. fined in Gov.Code Section 82024•copies shall also he Sent to the Com- HISTORY mission. I.Repealer filed 4 14-76:effective thirtieth day thereafter(Register 76,No.16). Page 424.2 R"joa 91.Nu.ti9.9 2n 97 ORDINANCE NO. 97- (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 530-2.707"Voluntary expenditure limits" to modify the manner in which the voluntary expenditure ceiling escalates and to modify the maximum amount of the voluntary expenditure ceiling consistent with Proposition 208. SECTION II. 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 (b) may accept contributions in the amounts specified in section 530-2.703, subsection(b). Before accepting any contributions within the amounts specified in sections 530-2.703, subsection (b), a candidate for a primary, general, or recall election hallegcur by Tine liforn�a ive©f Regulatcns seeon :85 ) :file with the County jj.............;.�..}.�..�L Clerk-election division a statement in the time and manner prescribed f r �i�l Vy the Fair Felitioal , signed under penalty of perjury, which states that the candidate adopts the expenditure ceiling specified in subsection(b)below. (b)Amount of expenditure ceiling. For an election, 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 subsections(c), (d) and (e)below. (c)Increase in ceiling(smallcontributions from individuals). For an election, 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(b). (d) Candidate whose opponent does not adopt ceiling. For an election, for a candidate who accepts the voluntary expenditure ceiling and whose opponent or opponents do not accept 1 the expenditure ceiling, the amount of the voluntary expenditure ceiling specified in subsection (b) shall increase by eve ten thousand dollars( fiaO)($10,880)each time the i3 opponent er emits not accepting the ceilingand dellar-s (S 10,000) eF makes cumulative expenditures of Wn thousand dollars( f together To be eligible for a five:ten thousand dollar increase in the ceiling, the candidate must have received disclosures pursuant to subsection(h)which show eeiling, e cumulative expenditures of 4en thousand dollars ( t Q. $10,000)by such opponent-ereppenents. Each subsequent increase in the ceiling must be based on amounts disclosed pursuant to subsection(h) which were not counted for purposes of any previous increase in the ceiling. (e) Independent expenditures against candidate or on behalf of candidate's opponent. For an election, for a candidate who accepts the voluntary expenditure ceiling, the amount of the voluntary expenditure ceiling specified in subsection(b) shall increase by ten .............................................................. thousand dollars $ > )> each time a committee ver c ;: ces Hepa r t• Vpp JAJ4�g'i !MfM;�F1dSi '::-Or�7N of 4 M,g J;Fk '#/i iRV1F tFp i•Vikt ter-eenuri44ees in th aggrvgat makes such independent expenditures the suppeffing Ws er-he ........ eppenent(s)in the cu i l t v6 amount of fi 0 ten thousand dollars El } er-resei e eandidate shall be added tegetheF. Fer-purposes ef detemair�ng wheth Wen.flan-1 and dell—ef: sueh eemmittees shall be added tog To be eligible for a 04 ten thousand dollar increase in the ceiling, the candidate must have received disclosures pursuant to subsection(i)which show ......... ...................... cumulative independent expenditures of fi Wn thousand dollars( fi b the committee n strriator _;: aida# ' ...y..... :.... :::::::::. :..... ............................ i'............%'F`:i: .. ..::... .:...... .:....1}..... ..: : t.s 1 € ddaervessctc :: cost <:s.......:. . t>:....: Vie:: I;;`'` sahe..... .did'. <: .: . �.... a :f'?Ctttti 1 >... ... ndnt .. .. ndt ,. :: . ... b . ... ... . ..::: n....... c : :.::..........t�..:.:::::::::....... .:::::.::...... ....:..::.......:....... ........... .................... .... ... ....................... .................... ............... ....... .. .. .... .... .. ............................. . : ...: : at d dat 7 a :: .'A :cti c N �� de drag : ::::.... . ....... 1 .... . ..................... A .PP..Ort d gid- Qppmp>r;: fees. Each subsequent thousand dollar increase in the ceiling must be based on amounts disclosed pursuant to subsection(i)which were not counted for purposes of any previous increase in the ceiling. i+ ad: W"lFa""A 2 racer s.xbs on(4)or.subsecfYs ( )>or h� r.nnd sixbs on(G)a ui`:�.... ( :aridtior t Vis or,Vie), the atndui € tfl'the�+ hint €`y:,e penditu`e pettltn sell it:e cee tv t d an #traQusd d+ 11s #3rf� t3) Y %�' , AMAIlat Actexpendiwre eeiling shed!ne4 eyeeed one hundred and sixty thousand . (g) Notification by candidate whose expenditures exceed 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(c), (d)or(e), who receives aggregate contributions exceeding the amount of the expenditure ceiling specified in subsection (b) 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(c), (d) or(e), who makes aggregate expenditures exceeding the amount of the expenditure ceiling specified in subsection (b) 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 (c), (d), or(e), who receives aggregate contributions exceeding the amount of the respective ceiling specified in subsections (c), (d), or(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 has qualified to incur additional campaign expenditures as specified in subsections(c), (d), or(e) and who makes aggregate expenditures exceeding the amount of the respective ceiling specified in subsections (c), (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. (h) Notification of reeeipt of eentribution expend itures`by candidate who has not adopted voluntary expenditure ceiling. During the per-ied wNeh­.._.e than twenty day prior-te-the eleetiert; A candidate who has not adopted the voluntary expenditure ceiling shall notify the County Clerk election division and all opponents running for the same seat, within 72 hours whenever the candidate ei has made cumulative f ' >`' > >.. n h 1 expenditures o e.t 1i`'' >?�. to t ousand dol ars $10 000 <: : ousn :dcars:.( ),.. ( ), dta ) and so on in multiples of + 4en thousand. The notification shall state ek4w that the candidate has 6_1made cumulative expenditures of thousand dollarsand so on in multiples of ftig ten thousand. 3 theusa.ad d011aFS ($6,000), nine theusand dellar-s ($9,000) and se en in multiples of thFee theusand. in multiples ef three thousand. Wheneyer-the eandidate has either-r-eeeiyed eentr-ibuti—_­-er-—,..a,&e All notifications shall be made by facsimile transmission or guaranteed overnight mail. ......................................... (i)Notification 6.Wri by committee making independent expenditures. During the per-ied whieh is mere than twenty(20) days pr-ieF tO the eleetien; any eenmviiaee whi ....... netifieatien shall state either-that the eemmittee has Feeeived eumulative eentr-ibutiensiOr-ha made eumulative expenditures ef ten thousand dellafs ($10,000) and se en in multiples,ef te theusand. During the per-ied whieh is twenty days er-less befeFe the eleefien; a eemfnittee making eleetien di-visien and all eandidates Funning fer the safne seat, YM�An 24 heur-s whenever-the., thf-ee theusand deflaFs ($3,000), i�isix theusand dellar-s ($6,000), nine thetisand dellefs ($9,000) and so en in multiples ef thFee iheusand dellar-s ($3,000). The nefifieatien shall swe that the- 000) and se en in nwitiples ef thFee thousand. Whenever-t , thr-esheld is r-earshed fer-the item net diselesed, the eenunittee shall net have te diselese that item. y calm V. kes md�pad ur€ t:>tf>o�r:in::.. xtttva I: :a .::: dte: r: xa �: ias pl......::.::::::.:::::::::. 1 .::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::.P.:::::::::::::::::.:::::::::::::.:::::.:.::.: i:...................................................................................�.................................................................................................................. ...,,i.::: ;:...::::..:..iti: :::i::i::i:i:i:L:i:::Yi"�::i::i::i:::'..::..:...:.:•::.._:.:�..+..:4i}i%i.i:.iX'iiiiiii:.i:.i":::'i::titi::":iii::'3i:iiiiiii:.:::'.i:.iii::. .... <_Uwe <rm$< ode: :1' I : ' < 1 51?:>Y7 1:.... ::. t :.:.:.::.:...:.:::: a.: .......... ..:::..: ::::...egu.:..c.:.o:.: :a c :::::::::..::.:,.:::.:e.. ..:::: ene mom:r+ gcur t + re tt th : dnsrinq h# dty .. '::.i'.:'. .::.:::::::: ::i:..:'::..::.....:::::::::'::::i::::.::;'::i::.::::::::i•::.:;.i:.:::•.i:.>".:::.>i::::.i:.i e s o szo d>a��:�ari��d�tes�t , �,this sa � rv�so►t ' ............................................... 0) 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; 4 (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 related 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 during the ninety day period following the election. (k)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. 97- §2, 96-24, 95-47, 95-35; 95-8.) SECTION III. 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. PASSED ON by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator By: 5 Deputy Board Chair (SEAL] A:kog-fl 2-97.wpd 6 4 b 3 -4- 1-f s> L Contra TO: BOARD OF SUPERVISORS Costa FROM: Supervisor Joe Canciamilla x; County DATE: December 16, 1997 SUBJECT: AMENDMENT TO ELECTION CAMPAIGN ORDINANCE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)AND JUSTIFICATION ti RECOMMENDATION: Continue the proposed amendments to the Ordinance until the January 13, 1998 meeting and incorporate the following amendments into the final draft. BACKGROUND: For almost one year there have been discussions and meetings to revise the County's Campaign Reform ordinance. Prop.208 is currently under review by the Supreme Court and a decision is.anticipated shortly which will guide our ability to adopt local ordinances. I am suggesting that we continue the hearing on these matters until such time as we have the Supreme Court guidance so as not to confuse candidates and potential contributors. Should the Board wish to proceed at this time I have developed a small number of modifications I would ask the Board to consider. Prop. 208 and the existing county ordinance fail to address a couple of major loopholes in current law. One of the greatest problems is in allowing wealthy candidates to literally "buy"seats by hiding behind the shield of free speech protection. We have the opportunity to at least try to level the playing field for all candidates by including the following amendments: 1. A candidate choosing to self fund a campaign should be required to announce their intention to do so at the time of filing for office just as they would be required to do in accepting or rejecting the spending limits. 2. Just as with the requirement that independent committees disclose their top 5 contributors,self-funded candidates should be required to place on all of their literature in visible bold type,that they are self-funded. 3. Candidates who choose to self fund should be either prohibited from accepting -campaign contributions from any source or,if that is not legally permitted,they should be limited to the lowest possible limit allowed by 208. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECO ENO 10 F BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON APPROVED AS RECOMMENDED: OTHER: VOTE OF S RVISORS: UNANIMO (ABSENT ) AYES: NOES: I HEREBY CERTIFY T HIS IS A TRUE AND CORRECT COPY OF AN ACTION T AND ENTERED ON THE MINUTES OF ABSENT: ABSTA THE BOARD UPERVISORS ON THE DATE SHOWN. ESTED PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR DEPUTY 3. Candidates who choose to self fund should be either prohibited from accepting campaign contributions from any source or, if that is not legally permitted, they should be limited to the lowest possible limit allowed by 208. Candidates should not be allowed to self-fund and to accept contributions as well, this provides literally no incentive to accept the limits of either 208 or the County ordinance. For the purpose of this amendment self-funding should include funds from the candidate, their spouse, and immediate family by blood and marriage. (Immediate family to be defined as Spouse, children, parents and siblings). 4. Should a candidate accept the spending limit they are able to loan their campaign the maximum allowed of$20,000. If they thereafter attempt to self-fund their campaign, upon their spending of any sum beyond the $20,000. Loan the entire sum should convert to self-fund status and thus eliminate their ability repay the sum in total. 5. If a candidate should either chooses at the beginning of a campaign to self-fund or during the course of the campaign should they spend over the $20,000. Loan limit their opponent's overall limit would immediately be increased to $160,000. not including any additional sums allowed pursuant to any adopted escalator. Request to Speak ForM6) D. 3 � p,q ( THREE (3) MINUTE LIMIT) Qmvlete this form and place It in the box near the speakers' rostrum before addressing the Board. Name: e�w Gyeens-�&l phone: Z Z L�-,Co 1 am speaking for myself`or organization: Greem AfY, v J w C—ox One of ONE: I wish to speak on Agenda Item # D3 Date: 2- A MY comments will be: _ � 1 wish to speak on the wbject of _ i do not wish to speak but leave these comments for the Board to consider: Request to Speak Forr, ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: phone: 93 7;NO 6 Address: as la,,14 1 am speaking for myself_or orpni=ation: tutkW CHE{:K NE: 1 wish to speak on Agenda Item L3 Date: My corrinwrts will be: general Jor,_aO . 1 wish to speak on the erect 1 do not wish to speak but leave these comments for the Board to consider: Request to Speak Form ( THREE (3) MINUTE LIMIT) Complete this form and place it In the box near the speakers' rostrum before addressing the Board. Name: 4� /J-7 )� -T- �— phone: �2 70/ Address: < Je-D sU � I am speaking for myself or organization: dame Of oraantsadioN CHECK ONE: 3 I wish to speak on /agenda Item j_ pates My ro ulowits will be: aenwW `for-..&ga1nst . I wish to speak on the subject . I do not wish to speak but leave these comments for the Board t0 cons;der: