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HomeMy WebLinkAboutMINUTES - 12112001 - C.90 s .L Contra TO: -° ' BOARD OF SUPERVISORS a�,""""""_- FROM: INTERNAL OPERATIONS COMMITTEE Costa DATE: DECEMBER 11, 2001 ' - CountyCOOK SUBJECT: PROPOSED AMENDMENTS TO THE ELECTION CAMPAIGN ORDINANCE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. DECLARE the Board's intent to introduce an ordinance to be operative on December 1, 2002 providing that limits on campaign contributions for Countywide elective offices are imposed per election cycle rather than calendar or fiscal year. 2. SCHEDULE for discussion by the Board after March 5, 2002 but no later than May 2002 the determination of appropriate contribution limits to be incorporated in the ordinance, and DIRECT staff to prepare the ordinance for introduction at that time, subject to the Board's determination on contribution limits. BACKGROUND: On October 16, 2001, the Board of Supervisors referred to the Internal Operations (10) Committee review of proposed amendments to the Election Campaign Ordinance and directed the Committee to conduct a public forum on the proposed amendments at the earliest possible date. In response, the 10 Committee conducted a public forum to discuss the proposed amendments at its regular meeting on November 19, 2001. Public notification of this meeting was provided as legally required, and also to the'incumbents and candidates for the affected elective seats. The League of Women Voters, speakers at the October 16 Board of Supervisors meeting, and other individuals with known interest in this issue were also individually contacted, as indicated on the agenda distribution list. In addition, the Contra Costa Times publicized the meeting in an article published in the Sunday edition, the day prior to the meeting. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): HN GIOIA,CHAIR MARK DeSAULNIER ACTION OF BOARD ON eC $ilk APPROVE AS RECOMMENDED D OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN UNANIMOUS(ABSENT ) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: ATTESTED,b If U--kk. I CONTACT: JULIE ENEA(925)335-1077 JOHN SWEETEN,CLER OF THE BOARD OF SUPERVIS RS AND COUNTY ADMINISTRATOR CC: INTERNAL OPERATIONS COMMITTEE STAFF INCUMBENTS AND CANDIDATES FOR COUNTYWIDE ELECTIVE OFFICES COUNTY COUNSEL COUNTY ADMINISTRATOR l BY O DEPUTY Proposed Amendments to Election Campaign Ordinance December 11, 2001 Internal Operations Committee Page 2 The proposed amendments to the Elections Campaign Ordinance would apply only to non- supervisorial offices and would provide that a person or broad-based political committee could contribute up to a specified amount per election cycle rather than per calendar or fiscal year. This change is recommended to address possible legal challenges and inconsistencies caused by the change in the date of the primary election from June to March and to help even the campaign fundraising opportunities for all candidates. Inasmuch as the current ordinance may be subject to legal challenge, our Committee recommends that the Board immediately declare its intent to adopt the recommended changes. However, to avoid the potential for confusion that would likely result if such changes were implemented during the current election cycle, our Committee recommends that the changes not be made operative until the beginning of the next election cycle (after November 2002). The appropriate dollar limits for individual and broad-based political action committees requires. further analysis. Therefore, our. Committee recommends that the Board of Supervisors revisit this issue after the March 2002 primary election and make a determination on the appropriate limit for campaign contributions, to be incorporated in the forthcoming ordinance. 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: November 14, 2001 To: Internal Operations Committee From: Silvano B. Marchesi, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel • �f /� Re: Contribution limits applicable to Candidates for Countywide Office(Assessor, Auditor, County Clerk, District Attorney, Sheriff, Treasurer/Tax Collector) After the Board of Supervisors referred this matter to the Internal Operations Committee on October 16, 2001, we revised the draft ordinance that would amend Ordinance Code sections 530-2.402 "Individual Campaign Contributions" and 530=2.404 "Broad Based Political Committees." These sections, which apply only to non-supervisorial candidates, would be amended to impose contribution limits solely on a per election cycle basis. Copies of the revised draft ordinance and of our memorandum of October 2, 2001 discussing the existing ordinance provisions applicable to non-supervisorial candidates, are attached. In the revised draft ordinance, additions to the existing ordinance sections are shown by redlining and deletions are shown by strikeout. As revised, draft section 530-2.402 "Individual campaign contributions"would provide that a person or non-broad based committee could contribute up to (an amount to be specified) per election cycle. At any point in the election cycle, the contributor could make the maximum contribution, or a series of contributions that did not exceed the maximum contribution. Draft section 530-2.404 would provide that a broad based political committee could contribute up to (an amount to be specified)per election cycle and that in the aggregate, a candidate could not accept more than (an amount to be specified) per election cycle from all broad based political committees. These limits would apply to all contributions, not only to cash contributions. Draft section V "Effective and Operative Date" now provides that the ordinance will take effect 30 days after passage,but will become operative on a date to be specified. Thus, depending on the date specified, the ordinance could become operative on a date subsequent to the effective date. In the event that the Board of Supervisors adopts the draft ordinance with modified contribution limits and an operative date during the current election cycle, the draft ordinance includes a section intended to clarify the Board's intent 1) that candidates and their treasurers will not be subject to sanction for the receipt of contributions prior to the operative date of the November 14, 2001 Page 2 new ordinance if such contributions were lawful when made, even if the contributions exceed any new contribution limits and 2) that the candidate will not be required to refund all or part of contributions received prior to the operative date of the new ordinance if such contributions were lawful when received. MAM/am attachments cc: County Administrator Jim Sepulveda, Deputy District Attorney Steve Weir, County Clerk-Recorder ORDINANCE NO. 2001- (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. SUN AARY. This ordinance amends Division 530, Election Campaign, section 530-2.402 to provide that limits on individual campaign contributions for non-supervisorial candidates are imposed per election cycle and amends section 530-2.404 to provide that limits on broad based political committee contributions for non-supervisorial candidates are imposed per election cycle. This ordinance adds an uncodified section clarifying the Board's intent that no candidate shall be subject to sanction for receipt of lawful contributions prior to the effective ?�•' -''.: ....:......��., ':.?;5:s:s;•.. ..w:':Yom',:.:' .� .. .. ...: operative date of this ordinance and specif esttie operative date;.ofttie ordinance: SECTION II.. Section 530-2.402 is amended to read: 530-2.402 Individual campaign contributions. 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 office.or to or for a committee authorized in writing by the candidate to accept contributions for him or her, which will cause the total amount contributed by such person or political committee in support of that candidate fortliat election cycle.to exceed one thousand six hundred seventr-five dollars, provided, that in any calendat year in which the candidate does nat stwid foi election the m nitted contribution shall be limited to two hwidred twenty-five dollars and in the calendar year in which the candidate stwids fbi election, the n Ltribution shall be five hwidred dollars fbr the period from imitz . n� December eco L__1 1 SI-ef4hat+--ye—E1f. (Ords. 01- § 2, 89-11, 84-9). SECTION III. Section 530-2.402 is amended to read: 530-2.404 Broad based political committees. In anyfiscal year a"single county election cycle, no broad based political committee shall make, and no candidate or campaign treasurer shall accept, any cash contribution to or for a single candidate for county office or to or for a committee authorized in writing by the candidate to accept contributions for him orkl%er, which will cause the total amount contributed by such broad based political committee in support of that candidate in for that fiscal year election cycle to exceed five thousmid dollars, provided, nevertheless, that the total aggregate amount of contributions from all broad based political committees which that may be accepted by a single candidate in an election cycle 1 shall not exceed twenty-five thousand dollars. (Ords. 01- , § 3, 89-11). SECTION IV. EFFECT OF CONTRIBUTION RECEIVED BEFORE THE OPERATIVE DATE OF THIS ORDINANCE. No county candidate or campaign treasurer who was subject to the provisions of sections 530-2.402 and 530-2.404 before the effective operati'Ve date of this ordinance shall be subject to civil or criminal sanction.for receipt of a contribution prior to the effective operative date of this ordinance if such contribution was lawful when received, whether or-not the amount of such contribution would have exceeded the contribution limits applicable to such candidate after the effective gperative date of this ordinance. Nothing in this ordinance shall require a candidate or his or her campaign treasurer to refund all or part of a contribution received prior to the effective oper t ve date of this ordinance if such contribution was lawful when received. SECTION V. EFFECTIVE AND OPERATIVE 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 Count This>ordiriarice shall be o'eratie ori< J` PASSED ON , by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: JOHN SWEETEN, Clerk of the Board and County Administrator By: Deputy Board Chair [SEAL] 2 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: October 2, 2001 To: Supervisor John Gioia From: Silvano B. Marchesi, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel .� Re: Contribution limits applicable to Candidates for Countywide Office(Assessor, Auditor,County Clerk,District Attorney, Sheriff,Treasurer/Tax Collector) You have asked that this office address the possible amendment of the provisions of the County's Election Campaign Ordinance that impose contribution limits on candidates for countywide office. Specifically we have been asked to review Ordinance Code sections 530- 2.402"Individual Campaign Contributions" and 530-2.404"Broad based political committees." These sections apply only to candidates for countywide office: Assessor; Auditor; County Clerk; District Attorney; Sheriff;Treasurer/Tax Collector. These sections do not apply to candidates for County Supervisor. A. Current Ordinance Section 530-2.402 provides that in an election cycle a person may not contribute more than$1,675 to a candidate for the above-referenced county offices. In addition,the section imposes per year contribution limits throughout the term of the election cycle. During years in which an election is not held, a person may contribute$225 a year. During election years, a person may contribute$500 from January 1 to June 30 and$500 from July 1 to December 31. Taken together,the annual contributions add up to the maximum amount of$1,675. Thus, if a candidate was elected to office in June 1998,during the subsequent election cycle, a contributor could have donated$ 500 from July to December 1998 and$225 per year for 1999,2000, and 2001, and could donate$ 500 again January 1, 2002. Section 530-2.402 was enacted in 1984, when the primary election still occurred in June. Since that time,the Board has amended the definition of"election cycle"to account for the March primary,but has not addressed the contribution timeframes in section 530-2.402. (Ord. Code, § 530-2.212.) Thus, in an election year a non-supervisorial candidate has a two month period to raise$500 contributions before the March primary, and a runoff candidate cannot raise an additional $500 toward the general election until July 1. (Ord. Code, § 530-2.402.) Section 530-2.404 provides that a broad based political committee may contribute up to $ 5,000 cash to a non-supervisorial candidate per fiscal year. Once a candidate is elected, the subsequent election cycle spans four different fiscal years. (Ord. Code, § 530-2.212.) A broad based political committee that contributes the maximum amount to the same candidate each October 2, 2001 Page 2 fiscal year would contribute$20,000 over the course of an election cycle. A candidate may Accept an aggregate total of$25,000 from broad based political action committees over the course of the election cycle. (Ord. Code, § 530-2.404.) In our view, inasmuch as these sections impose contribution limits by calendar year or fiscal year and not solely per election cycle, they may be subject to legal challenge. The imposition of campaign contribution limits by fiscal year rather than by election has been held unconstitutional on the grounds that limits by fiscal year restrict free speech and favor incumbents against challengers. (Service Employees Int I Union v. Fair Political Practices. Com., 955 F.2d 1312, 1321, (9`h Cir. Cal. 1992.) We think that this reasoning also would apply to limits imposed by calendar year in that such limits operate the same as limits by fiscal year. B. Draft Ordinance As requested, to address possible legal challenges and inconsistencies caused by the change in the date of the primary election,we have drafted a proposed ordinance that would amend sections 530-2.402 and 530-2.404 to impose contribution limits on a per election cycle basis only. All reference to contributions by fiscal year or calendar year would be removed. Additions to the existing ordinance sections are shown by redlining and deletions are shown by strikeout: As drafted, section 530-2.402 "Individual campaign contributions"would provide that a person or non-broad based committee could give up to $1,675 per election cycle. At any point in the election cycle,the contributor could make the maximum contribution, or a series of contributions that did not exceed the maximum contribution. As drafted, section 530-2.404 would provide that a broad based political committee could contribution up to(an amount.to be specified)per election cycle and that in the aggregate, a candidate could not accept more than(an amount to be specified)per election cycle from all broad based political committees. These limits would apply to all contributions, not only to cash contributions. In the event that the Board of Supervisors adopts the draft ordinance with modified contribution limits and an effective date during the current election cycle, the draft ordinance includes a section intended to clarify the Board's intent 1)that candidates and their treasurers will not be subject to sanction for the receipt of contributions prior to the effective date of the new ordinance if such contributions were lawful when made,even if the contributions exceed any new contribution limits and 2) that the candidate will not be required to refund all or part of contributions received prior to the effective date of the new ordinance if such contributions were lawful when received. MAMIam October 2, 2001 Page 3 attachment cc: Members, Board of Supervisors County Administrator Jim Sepulveda, Deputy District Attorney Steve Weir, County Clerk-Recorder Clerk of the Board(Press Box) t ``�•.6� L .,per t GAYLE B. U I LKEMA COUNTY ADMINISTRATION BLDG. 651 PINE STREF:r,ROOM 108A o: •..lainI�` CONTRA COSTA COUNTY BOARD OF SUPERVISORS �.. r MARTINEZ,CA 94553-1293 SUPERVISORIAL DISTRICT 2 �v'• (915)335-1046—FAX(925)335-1076 ,rT ouK;f; MEMO DATE: November 6, 2001 TO: 'Julie Enea FROM: Gayle B. Uilkema, By: Lauri Byers SUBJECT: Election Campaign Ordinance The attached letter is for consideration of the I.O. committee regarding the election campaign ordinance. Thank you for your assistance in this matter. GBU/Isb CONTRA COSTA Cnl:'" RECEIVED NOV 8 �nnl OFFICE C CoUPI►DM� .: . '►'R .f - -- RECDkTED E j OCT 2 2001 . October 12, 2001. UL TO : Contra Costa Board of Supervisors; Gayle Uilkema, Chairman FROM : Ray Sloan RE : Item D.3; Election Campaign Ordinance This is a follow-up to the. remarks I made before the Board of Supervisors Octpber 9". I tried to make the point that the present election campaign ordinance is cumbersom*convoluted and discriminatory. In trying to understand the ordinance I have had a few election attorneys look at the ordinance and conclude that it is written in a manner that seems to be deliberately confusing. The ordinance as it exists, imposing the per year contribution limits throughout the term is discriminatory in favor of the incumbent office holder. Your own counsel states, "In as much as these sections impose contribution limits by calendar year or fiscal year and not solely per election cycle, they may be subject to legal challenge." In Service Employees Int'1 v. Fair Political Practices Com., (955 F.2d 1312, 1321) appellees argue that in tying the contribution limits to fiscal years. "Challengers do not typically decide to run for office years in advance of the election. As a result, they are unable to engage in fund-raising during each fiscal year between elections as incumbents commonly do." I believe that it is paramount that to maintain the integrity of the elections for county offices that the Board of Supervisors, as the regulatory agency, encourage and maintain rules, as they relate to campaign contributions, so as to foster county campaigns on a fair playing field. Fundraising is the cornerstone of being able to be competitive in getting ones message out to the voters. In most cases, the money a candidate raises in the early stages of the campaign signals to the press who is a viable candidate and who isn't. All of the members of this body know the challenge of raising money for campaigns defines in most cases who will prevail. The present ordinance does a disservice to the free flow of information, and in the ability of a candidate to communicate to the constituency. It is too restrictive for a candidate to raise money in our large county. If a candidate cannot raise the money to get a message out in a timely manner we will not have elections that are competitive. By enacting the recommendation of allowing a maximun individual contribution of.$1,675 for the March and November election, it will take some of the pressure oft, allowing the candidates to seek larger campaign contributions. If the ordinance is viewed as wrong, it does absolutely no good to wait until after the election to fix it.