HomeMy WebLinkAboutMINUTES - 09282004 - D.3 TO: BOARD OF SUPERVISORS Contra
yr
FROM: SUPERVISOR JOHN GIOIA ri Costa
DISTRICT ATTORNEY ROBERT KOCHLY
DATE: September 28, 2004 °°s a ' County
SUBJECT: AMENDMENTS TO ELECTION CAMPAIGN ORDINANCE
SPECIFIC REQUEST{S}OR RECOMMENDATION{S}&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
INTRODUCE Ordinance 2004-22, amending sections 530-2.402 and 530-2.404 of the County's Election
Campaign Ordinance as they affect countywide officers only, WAIVE reading, and FIX October 5, 2004
for adoption.
BACKGROUND:
In an October 2, 2001 memo(copy attached), the County Counsel opined that the existing County's
Election Campaign Ordinance provisions which imposee� ryear contribution limits for countnnride
ofI•ficers only are unconstitutional and subject to legal challenge.
The attached September 8, 2004 memo from Deputy County Counsel MaryAnn Mason also
summarizes the legal problems of the existing ordinance as it applies to countywide officers only, not
County Supervisors. In short, contribution limits must be imposed on a "per election cycle"basis, not on
a "calendar or fiscal year" basis.
In early 2002, the Board of Supervisors considered amending the County's Election Campaign
Ordinance to correct these legal flaws. The Board decided, at that time, to address this issue after
the2002 General Election since there were competitive countywide races occurring at that time, The
Board has failed to take action to correct these legal flaws in the ordinance and this Board Order is
intended to address this long-standing issue.
The attached September 8, 2004 memo from MaryAnn Mason summarizes the proposed changes to
the ordinance.
It is preferable to make these changes early in the election cycle in order that the rules for the 2006
election are firmly established as soon as possible.
FISCAL IMPACT
None on the County.
CONSEQUENCES OF NEGATIVE ACTION:
Failure to revise the ordinance would continue to make the existing ordinance subject to legal
challenges.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
------_-------w_______________-__..___-------_-__-__------.---w----------------_----------------------------.--------------------_---.---- _.
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE{5}:
___ .__-®____..-i.�
______________________ ,. ___..---------.___._---------___.----------.____..____ ---r--- ANION
OF BOARD ONSAPPROVE AS RECOMMENDEDFHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
r.. AND CORRECT COPY OF AN ACTION TAKEN
p. UNANIMOUS{ABSENT } AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN. �?
ABSENT: ABSTAIN; 11- s{
ATTESTED
CONTACT: JOHN GIO€A {5119}371-3239 JOHN EETEN,CLERK OF THE
BOAR OF SUPERVISORS AND
COUNTY ADMINISTRATOR
CC: COUNTY ADMINISTRATOR
COUNTY COUNSEL
COUNTY REGISTRAR
ri
BY `� + c 'r.PEPUTY
ORDINANCE NO. 2004M.
(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 L SL -1 LAR'Y. 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 H. 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 cash or non-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 or her,which will cause the total amount
contributed by such person or political committee in support of that candidate for that election
cycle to exceed one thousand six hundred seventy-five dollars.,ptovided, that in any caiendar
stands fbT fV
period fror"i-I
(Ards. 04- , § 2, 89-11, 84-9).
SECIIQN M Section 530-2.402 is amended to read:
530-2.404 Broad:based political committees. In wry fiscaf yet a single county election
cycle, no broad based political committee shall make, and no candidate or campaign treasurer
shall accept, any cwt cash or non-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 or
her,which will cause the total amount contributed by such broad based political committee in
support of that candidate in for that fiscal-y=election cycle to exceed f-e ten thousand dollars,
Ordinance 2004-
1
provided,nevertheless, that the total aggregate amount of contributions fioin all broad based
political committees mlitch that may be accepted by a Lingle candidate in an election cycle shall
not exceed twee =fire fifty thousand dollars.
(Ords. 04- , § 3, 59-11).
SECTIQ]N, IV. EFFECT OF CONTRIBUTION RECEIVED BEFORE THE EFFECTIVE DATE
OF THIS QRDZIANCE. 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 lawfal 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:
ABSTAL'�':
ATTEST: JOHN SWEETEN, Clerk of the
Board and County Administrator
By:
Deputy Board Chair
[SEAL]
H:\CA.NT 4'AlGN` nam 04-02redLine.wpd
Ordinance 2004-
2
ORDINANCE NO. 2004-
(Amendments to Division 530 Election Campaign)
The Contra Costa County Beard of Supervisors ordains as fellows (oinitting the parenthetical
footnotes from the official text of the enacted or amended provisions of the County Ordinance
Code).
SECTION I. SjjN.UVLkRY. 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 tt'.e effective
date of this ordinance.
SECTION1. Section. 530-2.402 is amended to read:
530-2.402 IndiNidual 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 cash or non-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 or her,which will cause the total amount
contributed by such person or political committee in support of that candidate for that election
cycle to exceed one thousand six hundred seventy-five dollars.
(Orris. 04- , § 2, 89-11, 84-9).
SECTION III. Section 530-2.402 is amended to read:
530-2.404 Broad based political committees. In a single county election cycle,no
broad based political comrraittee shall make, and no candidate or campaign treasurer shall accept,
any cash or non-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 or her,which
will cause the total amount contributed by such broad based political committee in support of
that candidate for that election cycle to exceed ten thousand dollars,provided,nevertheless, that
the total aggregate amount of contributions from all broad based political committees that may be
accepted by a single candidate in an election cycle shall not exceed fifty thousand dollars.
(Ords. 04- , § 3, 8 -11).
Ordinance 2004-
1
SECTION IV. EFFECT OF CONTRIBUTION RECEWED BEFORE THE EFFECTIVE.DATE
OF THIS OR.D.DANCE, No county candidate or campaign treasurer who was subject to the
provisions of sections 530-2.4012 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:
AY S:
NOES:
ABSENT:
ABSTAIN:
ATTEST: JOHN SWEETEN, Clerk of the
Board and County Administrator
By:
Deputy Board Chair
[SE_4.I..]
H:\c.AMPArGN'Vnam04-02.wpd
Ordinance 2€104-
2
ADDENDUM TO D.3
September 28, 2004
On this day the Board considered introducing Ordinance No. 2004-22 to
impose limits on contributions to candidates for countywide office
(Assessor, Auditor, County Clerk, District Attorney, Sheriff, and Treasurer-
Tax Collector) on a per election cycle basis, waiving reading, and fixing
October 5, 2004 for adoption.
Supervisor Gioia introduced the draft ordinance that would amend County
Ordinance sections 530-2.402 "Individual Campaign Contributions" and
530-2.404 "Broad Based Political Committees. Currently, section 530-2.402
"Individual Campaign Contributions: imposes contribution limits by
calendar year, and section 530-2.404 "Broad Based Political Committees"
imposes contribution limits by fiscal year. The draft ordinance would
specify contribution limits only on a per election cycle basis.
Supervisor Uilkema suggested some modifications to the Ordinance.
The .Board requested public comments, and there were no speakers.
After further discussion, Supervisor Gioia made the following
recommendation:
• INTRODUCED Ordinance No.2004-22, amending sections 530-
2.402, and 530-2.404 of the County's Election Campaign Ordinance,
as they affect countywide officers only,
• WADED reading and,
• FLED October 5, 2004 for adoption.
• AMENDED the following under Section I. SUMMARY to read as :
"Under Section L SUMMARY: 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 as defined in 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., and
"Linder Section H. Vection 530-2.402 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 bread based political committee shall make, and no candidate or
campaign treasurer shall accept any monetary or non-monetary
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 o,f`that candidate for that election cycle to
exceed one thousand six hundred seventy-five dollars;
Supervisor Gioia made a motion to approve this, and Supervisor Uilkema
seconded the motion.
Motion passed.
Office of Me County Counsel Contra Costa County
651 rine Street, 9th Floor Phone:(92 5)33)5-1800 '
Martinez, CA 94553' Fax:(925)646-1078
Date: September 8, 2004
To: Supervisor John.Gioia
From: Silvan B. Marchesi, County Counsel
By: Mai y Arm,McNett Mason, Deputy County Counsel
Re: Draft Ordinance Amending County's Election Campaign Ordinance
to Specify Campaign Contribution Limits Per Election Cycle
for Candidates for Countywide Offices
As you requested, we have prepared a draft ordinance that would amend County
Ordinance sections 530-2.402 "Individual Campaign Contributions" and 530-2.404"Broad
.Based Political Committees." These provisions of the County's Election Campaign Ordinance
impose limits on contributions to candidates for countywide office(Assessor, Auditor, County
Clerk, District Attorney, Sheriff, Treasurer/Tax Collector.) These ordinance sections do not
apply to candidates,for Cvuno) Supervisor.
Currently, section 530-2.402 "Individual Campaign Contributions"imposes
contribution limits by calendar year, and suction 530-2.404"Broad Based Political Committees"
imposes contribution limits by fiscal year. As we have previously advised:
"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 contributions 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'l Union v. Fair
Political Practices Com., 955 F.2d 1312, 1321, (9t'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."
(November 14, 2001 Memorandum to Internal Operations Committee.)
The draft ordinance,which would specify contribution limits only on a per election
cycle basis, would remove this possible basis for legal challenge. In addition, the draft ordinance
would modify the amount of some contribution limits applicable to candidates for countywide
office.
Draft section 530-2.402 "Individual Campaign Contributions" would provide that a
person or non-broad based political committee could contribute up to $1,675 per election cycle to
Supervisor Gioia
q'yeptember 8, 2004
La-e 2
a candidate for countywide office. At any point in the election cycle, the contributor could make
the maximum contribution, or a series of contributions that taken together did not exceed the
contribution limit. These limits would apply to cash and non-cash(in kind) contributions.
Draft section 530-2.404 "Broad Based Political Committee Campaign
Contributions"would provide that a broad based political committee could contribute up to
$14,000 per election cycle to a candidate for countywide office. At any point in the election
cycle, the contributor could make the maximum contribution, or a series of contributions that
taken together did not exceed the contribution limit. In addition, the draft section would provide
that a candidate could not accept more than$50,000 per election cycle in the aggregate from all
broad based political committees. T hese limits would apply to cash and non-cash (in kind)
contributions.
The draft ordinance also 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
received prior to the effective date of the new ordinance if such contributions were lawful when
received, even if the contributions exceed the new contribution limits and 2) that the candidate
will not be required to refund all or part of a contribution received prior to the effective date of
the new ordinance if such contribution was lawful when received.
In the attached draft ordinance, additions to the existing ordinance are shown by
redlining and deletions are shown by strikeout. A chart that compares the current and proposed
contribution limits is also attached. In addition, a chart that shows the current contribution limits
applicable to candidates for the office of Supervisor is attached for reference.
MAM,%am
attachments
provided,nevertheless, that the total aggregate amount of contributions from all broad based
political committees whi t g may be accepted by a single candidate in an election cycle shall
not exceed twenty five fi tty thousand dollars.
(Orris. 04- , § 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 Contra Costa Times, 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]
MAM: H:\CAMPAIGN\mam04-02redline.wpd
Ordinance 2004-
2
2
ORDINANCE NO. 2004-
(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
530-2.402 to provide that limits on individual campaign contributions for non-supervisorial
candidates are imposed per election cycle and amends section 5302.404 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 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 cashor€aon-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 oit her, which will cause the total amount
contributed by such person or political committee in support of that candidate for that eleoiori
cvcle to exceed one thousand six hundred seventy-five dollars=,
year-4n vghieh theeandid4e de
be limited to two he ,.e ean–ideAe
staff€er ,
:�€�� �1�-t C� e�9�` -tlH—
(Ards. 04- , § 2, 89-11, 84-9).
SECTION III. Section 530-2.402 is amended to read:
530-2.404 Broad based political committees. In afty fi at ... -.-G!�_c,��..a... € ec✓t }r
cv lc, no broad based political committee shall mare, and no candidate or campaign treasurer
shall accept, any esh easI)"-c k-...not,i-Vcxa*sI 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 car
t c,q, which will cause the total amount contributed by such broad fused political committee in
support of that candidate in for that fis &Pfeaf �le;ogL)� c e to exceed five ton.thousand dollars,
Ordinance 2004-
1
COMPARISON OF CURRENT AND PROPOSED CAMPAIGN
CONTRIBUTION LIMITS FOR CANDIDATES FOR COUNTYWIDE OFFICE
Current limit Proposed limit
Individual $1,675/election $1,675 per
campaign cycle as follows: election cycle.
contribution $225/year in
non-election
years; $540
between 1/1-
6/30
/16/34 and $540
between 7/1-
7/31 in election
years.
Broad Based $5,404 per fiscal $14,444 per
Political year from same election cycle
Committee Broad Based from same
campaign Political Broad Based
contribution Committee. political
Committee.
($24,404 per
election cycle.)
Aggregate $25,444 per $54,440 per
limit on Broad election cycle election cycle
Based Political from all Broad from all Broad
Committee Based Political Based Political
contributions Committees. Committees.
r
ORDINANCE NO. 2004-
(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 1. SUMMARY. 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 cash or non-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 or her, which will cause the total amount
contributed by such person or political committee in support of that candidate for that election
cycle to exceed one thousand six hundred seventy-five dollars.
(Ords. 04- , § 2, 89-11, 84-9).
SECTION 111. Section 530-2.402 is amended to read:
530-2.404 Bread based political committees. In a single county election cycle, no
broad based political committee shall make, and no candidate or campaign treasurer shall accept,
any cash or non-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 or her,which
will cause the total amount contributed by such broad based political committee in support of
that candidate for that election cycle to exceed ten-thousand dollars,provided, nevertheless, that
the total aggregate amount of contributions from all broad based political committees that_may be
accepted by a single candidate in an election cycle shall not exceed fifty..thousand dollars.
(Ords. 04- , § 3, 89-11).
Ordinance 2004-
1
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 534-2.402 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 Contra Costa Times, 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]
MAM: HACAMPAIGNAnaniO4-02.wpd
Ordinance 2004-
2
2
Office of the County Counsel Contra Costa County
551 Pine Street, 9th Floor Phone: (925)335-1800
Martinez, CA 94553 Fax:(925)646-1078
Date: September 23, 2004
To: Supervisor John Gioia
From: Silvano B. Marchesi, County Counsel
By: Mary Ann McNett Mason, Deputy County Counsel
Re: Dram Ordinance Amending County's Election Campaign Ordinance
to Specify Campaign Contribution Limits Per Election Cycle
for Candidates for Countywide Offices
As you requested, we have prepared a draft ordinance that would amend County
Ordinance sections 530-2.402 "Individual Campaign Contributions" and 530-2.404 "Broad
Based Political Committees." These provisions of the County's Election Campaign Ordinance
impose limits on contributions to candidates for countywide office(Assessor, Auditor, County
Clerk, District Attorney, Sheriff, Treasurer/Tax. Collector.) These ordinance sections do not
apply to candidates for County Supervisor.
Currently, section 530-2.402 "Individual Campaign Contributions"imposes
contribution limits by calendar year, and section 530-2.404"Broad Based Political Committees"
imposes contribution limits by fiscal year. As we have previously advised:
"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 contributions 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'l union v. Fair
Political Practices Corn., 955 F.2d 1.312, 1521, (9t'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."
(November 14, 2001 Memorandum to Internal Operations Committee.)
The draft ordinance, which would specify contribution limits only on a per election
cycle basis, would remove this possible basis for legal challenge. In addition, the draft ordinance
would modify the amount of some contribution limits applicable to candidates for countywide
office.
Drag section 530-2.402 "Individual Campaign Contributions"would provide that a
person or non-broad based political committee could contribute up to $1,575 per election cycle to
a candidate for countywide office. At any point in the election cycle, the contributor could make
Supervisor Gioia
September 23, 2004
Pa e 2
the maximum contribution, or a series of contributions that taken together did not exceed the
contribution limit. These limits would apply to cash and non-cash(in kind) contributions.
Draft section 530-2.404 "Broad Based Political Committee Campaign
Contributions"would provide that a broad based political committee could contribute up to
$10,000 per election cycle to a candidate for countywide office. At any point in the election
cycle,the contributor could make the maximum contribution, or a series of contributions that
taken together did not exceed the contribution limit. In addition, the draft section would provide
that a candidate could not accept more than$50,000 per election cycle in the aggregate from all
broad based political committees. These limits would apply to cash and non-cash(in kind)
contributions.
The draft ordinance also 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
received prior to the effective date of the new ordinance if such contributions were lawful when
received, even if the contributions exceed the new contribution limits and 2)that the candidate
will not be required to refund all or part of a contribution received prior to the effective date of
the new ordinance if such contribution was lawful when received.
In the attached draft ordinance, additions to the existing ordinance are shown by
redlining and deletions are shown by strikeout. A chart that compares the current and proposed
contribution limits is also attached. In addition, a chart that shows the current contribution limits
applicable to candidates for the office of Supervisor is attached for reference.
MAM/am
attachments
CAMPAIGN CONTRIBUTION LIMITS
FOR SUPERVISORIAL CANDIDATES
Limit for candidate who Limit for candidate who
adopts voluntary does not adopt voluntary
expenditure ceiling expenditure ceiling
Individual Campaign $750 per election cycle. $100 per election cycle.
Contribution
Broad Based Political $5,000 per election cycle $2,500 per election cycle
Committee Campaign from same Broad Based from same Broad Based
Contribution Political Committee. Political Committee.
Aggregate limit on Broad $40,000 per election cycle $10,000 per election cycle
BasedPolitical Committee from all Broad Based from all Broad Based
Contributions Political Committees. Political Committees.
COMP-ARISON OF CURRENT AND PROPOSED CAMPAIGN
CONTRIBUTION LIMITS FOR CANDIDATES FOR COUNTYWIDE OFFICE
Current limit Proposed limit
Individual $1,675/ election $1,675 per
campaign cycle as follows: election cycle.
contribution $225/year in
non-election
years; $500
between 1/1-
6/30 and$500
between 7/1-
7/31 in election
years.
Broad Based $5,000 per fiscal $10,000 per
Political year from same election cycle
Committee Broad Based from same
campaign Political Broad Based
contribution Committee. Political
Committee.
($20,000 per
election cycle.)
Aggregate $25,000 per $50,000 per
limit on Broad election cycle election cycle
Based Political from all Broad from all Bread
Committee Based Political Based Political
contributions Committees. Committees.
CAMPAIGN CONTRIBUTION LIMITS
FOR SUPERN ISCIRIAL CANDIDATES
Limit for candidate who Limit for candidate who
adapts voluntary does not adopt voluntary
expenditure ceiling expenditure ceiling
Individual Campaign $750 per election cycle. $100 per election cycle.
Contribution
Broad Based Political $5,000 per election cycle $2,500 per election cycle
Committee Campaign from.same Broad Based from same Bread Based
Contribution Political Committee. Political Committee.
Aggregate limit on Broad $40,000 per election cycle $10,000 per election cycle
Based Political Committee from all Broad Based from all Broad Based
Contributions Political Committees. Political Committees.