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HomeMy WebLinkAboutMINUTES - 10162001 - D.3 T0: BOARD OF SUPERVISORS s .. Contra FROM: SUPERVISOR JOHN GIOIA Costa p r,',lha3•. ¢� a DATE: OCTOBER 9, 2001 'x.. �SrA -u County SUBJECT: PROPOSED AMENDMENTS TO THE ELECTION CAMPAIGN ORDINANCE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)ft BACKGROUND AND JUSTIFICATION RECOMMENDATION: CONSIDER amendments to the Election Campaign Ordinance to impose campaign contribution limits for non-supervisorial candidates on a per election cycle basis. BACKGROUND: The proposed amendments would apply only to candidates for countywide office: Assessor, Auditor, County Clerk, District Attorney, Sheriff and Treasurer-Tax Collector. The amendments would remove inconsistencies caused by the change in the date of the primary election from June to March, and align the contribution timeframes with the Board's current definition of the election cycle. l CONTINUED ON ATTACHMENT: YES SIGNATURE: ------- ...-...................................................................................................................................................... "_IRECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ---APPROVE OTHER SIGNATURE(S): �- ...,r..-- ------------ --------.................................................. ACTION OF BO N October!matter 1 6, 2 0 Oap MCUWMI�D OTHER XX REFER D the to the Internal Operations Committe ; and DIRECTED the Internal Operations Committee to hold a public forum on the matter at the earliest possible date . SPEAKER.'-.----Doris Copperman, Coalition for Campaign Finance Reform, Pleasant Hill. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN UNANIMOUS (ABSENT �_Z ) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: ATTESTED tl,44_1�04_e _',zl/e�v;/ CONTACT: JOHN GIOIA (510) 374-3231 JOHN SWEETEN, CLERK e THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR CC: COUNTY ADMINISTRATOR COUNTY COUNSEL COUNTY REGISTRAR BY , DEPUTY 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 Murch 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 Intl Union v. Fair Political Practices Com.,955 F.2d 1312, 1321, (9"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 redlg 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. MAM/am 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) l 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 SUN04ARY. 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 date of this ordinance. SECTION 11. 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 ocher, which will cause the total amount contributed by such person or political committee in support of that candidate for thaf electio }:cycle,to exceed one thousand six hundred seventy-five dollars:, piovided, that fit any calendar year in which the election,cmididate does not stwid fbi clection the inaxinimn PeLMitted contribution shall be limited to two the niaxiintun conhibation shall be five htnich-ed dollars for the period fiom immary-P4hrough 3mzc 39m 'o (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 any fiscalyearsnge�county 60 no 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 order, which will cause the total amount contributed by such broad based political committee in support of that candidate in for that fcscaigcar election cycle to exceed five thonswid 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 shall not exceed twentrfive thousmid dollars. 1 (Ords. 01- , § 3, 89-11). SECTION IV EFFECT OF CONTRIBUTION RECEIVED BEFORE THE EFFECTIVE 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 date of this ordinance shall be subject to civil or criminal sanction for receipt of a contribution prior to the effective 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 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 date of this ordinance if such contribution was lawful when received. SECTION V 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: JOHN SWEETEN, Clerk of the Board and County Administrator By: Deputy Board Chair [SEAL] L 2 ., ...... wv. ... ...+ VVVJVI LI\YlJVI\ .+uiin ut�in .J1K1 .Jf•'i JtiG7 r.YJG/✓JG �y't Fid`v i Off'ce Of Dhstrict Attorney Contra DlstrcTYoneyY Cou,i),I()[ISO,r-ourth Floor Costa P.0. I'm P 0 County�Ac,i �: Fez,C��ii�)�rii=t©'1553-0150 C o u n l} y (:1G5 ��O-4.riCJO September 28,2001 Mary Ann McNctl Mmon Del)uty ("olmly C'otmsrl OCT 3 2001 051 Pinu Screei, 9th floor GUUNTY CvUNS-L M;ir6111C7, (:A 94553 MARTINEZ,CALIF. RE.': Proposed Amctidmcnt to County Ordinance Regarding Contrihu6on Limit.. M) ac Mary Aqui: l have reviowed your September 27,2001 memo containing proposed language;that would :Urrc Ild IIn County Ordinance governing contribution limits for non-supervisorial elections. l'roni it law enforcement point of view, the proposals seem to be in accordance with current state and 1edcral laxv antl thereforo, if enacted, legally enforceable. Vely billy yours, GARY T. YANCHY District Attotmey Jrtmes L. Sepulveda Senior Deputy District Attorney TOTAL P.02 10 REQUEST TO SPEAR FORM (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: (2 V-2-!g �4.,,�,.., Phone:Address: 3 � �� Ly City: P I am speaking for myself or organization: vl— (name of or�zation) Y CHECK ONE: �.. v I wish to speak on Agenda Item # Date: My comments will be: general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider: SPEAKERS 1. Deposit the "Request to Speak" form (on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4 . Give the Clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard) . ` c%r REQUEST TO SPEAR FORM / < (THREE (3) MINUTE LIMIT) , Complete this form and place it in the box near the speakers' rostrum before addressing the Board. q Name: --i� -1 i� L.�e��� Phone: Address: l �� LIU-�-v- [LQn✓ City: y"W`" Z� I am speaking for myself or organization: (name of organization) CHECK ONE: I wish to speak on Agenda Item # Date: �D My comments will be: general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider: I r� SPEAKERS Y 1. Deposit the "Request to Speak" form (on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3 . Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the Clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard) . October 12, 2001 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 October 9'. 1 tried to make the point that the present election campaign ordinance is cumbersome, convoluted and discriminatory. In trying to understand the ordinance l 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'I v. Fair Political Practices Com., (955 F.2d 1312, 132 1) 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.