HomeMy WebLinkAboutMINUTES - 10052004 - C22 T.0: BOARD OF SUPERVISORS ,, Contra
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FROM: SUPERVISOR JOHN GIOIA, District I ' � � Costa
ROBERT KOCHLY, District Attorney
s
DATE. SEPTEMBER , 2004 ounty� ,
SUBJECT: ADOPT ORDINANCE NO. 2004-22 PROVIDING LIMITS ON CAMPAIGN
CONTRIBUTIONS FOR COUNTYWIDE ELECTIVE OFFICES PER ELECTION CYCLE
SPECIFIC REQUEST(S)OR RECOMMENDAMN(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
ADOPT Ordinance No. 2004-22, introduced on September 28, 2004, to provide that limb on individual
campaign contributions and broad-based political committee contributions for non-supervisorial
candidates are imposed per election cycle, and to revise those limits.
FISCAL IMPACT:
None on the County.
BACKGROUND:
This ordinance was introduced on September 28, 2004 to remedy the current County ordinance, which
imposed per calendar year campaign contribution limits and has been determined to be
unconstitutional and subject to legal challenge. Following deliberation and miner modification,the
Board of Supervisors approved the introduction of the ordinance and fixed October 5, 2004 for
adaption of the ordinance.
CONSEQUENCES OF L4EGATIVE AC11ON:
It is preferable to make the necessary changes to the ordinance early in the election cycle in order that
the rales for the 2008 election are firmly established as soon as possible. Failure to revise the
ordinance would continue to make the eAsting ordinance subject to legal challenges.
CONTINUED ON ATTACHMENT: Z YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE D OTH R
SIGNATURE(S): i
ACTION OF BOARD ON
APPROVED AS RECOMMENDEDOTHER
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
UNANIMOUS(ASSENT '. ' } ENTERED ON THE MINUTES OF THE BOARD OF
AYES:-NOES:
SUPERVISORS ON THE DATE SHOWN.
ABSENT: ABSTAIN: ATTESTED: OCTOBERS,2004
Contact: JOHN GIOiA(510)374.3231 JOHN SWEETEN,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
cc: COUNTY ADMINISTRATOR
COUNTY COUNSEL
COUNTY CLERK-REGISTRAR
DISTRICT ATTORNEY By:
AUDrrOR-CONTROLLER
SHERIFF-CORONER
TREASURER TAX COLLECTOR
ORDINANCE NO. 2004-22,
(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).
SEC'Ti0N I. StiMMARY. 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 5301-2.212) 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 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 of that candidate for that election
cycle to exceed one thousand six hundred seventy-five dollars.
(Orris. 44-22, § 2, 89-11, 84-9).
SECTION M. Section 530-2.404 is amended to read:
530-2.404 Broad 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 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 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 bread based political committees that
may be accepted by a single candidate in an election cycle shall not exceed fifty-.thousand dollars.
(Ords. 04-22, § 3, 89-11).
Ordinance 2004-22
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SECTION IV.` FF CT OF CgNTR€B Tlf lel RECEIVED REF RE 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 elate of
this ordinance if such contribution was lawful when received.
SECTION V. EFFECTIVE DATE. This ordinance becomes effective 30 clays 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 WMM 5, M ,by the following vete:
AYES: sjpMIS0RS GZOIA, Un %, MMMr, Desm+t m M CLOM
NOES:
ABSENT: NM
A13STA:INMM
ATTEST: JOHN SWEETEN,Clerk of the
Board and County Administrator
By:_'
y:
:Deputy and Chair
[SEAL]
MAM: H:\CAWAiGN\0"3-final.wpd
Ordinance 2004-22
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