HomeMy WebLinkAboutMINUTES - 11152005 - SD4 TO: BOARD OF SUPERVISORS .:-��= �=�.. Contra
` �* Costa
FROM: FINANCE COMMITTEE o �.�#�;;,�, � s
John Gioia, Chair -- Val
o
Mary N. Piepho Conty
co
DATE: November 3, 2005
SUBJECT: Informational Brochure for Candidates
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT informational brochures for candidates for the office of Supervisor and for candidates for the
offices of Assessor, Auditor, Clerk-Recorder, District Attorney, Sheriff-Corner, and Treasurer-Tax
Collector; and DIRECT the Clerk-Recorder to include links from www.cocovote.us to both the Contra
Costa County Ordinance Code and the California Fair Political Practices Commission.
FISCAL IMPACT:
None.
BACKGROUND:
On May 2, June 9, and July 6 the Finance Committee reviewed and discussed the County's existing
campaign finance rules. The Committee directed County Counsel to prepare modifications to various
sections of the Election Campaign Ordinance that address financing for supervisorial elections and to
prepare informational brochures for candidates. On August 9, 2005 the Ordinance amending the
provisions of the Election Campaign Ordinance related to elections for the Office of Supervisor and
candidate reporting requirements was adopted. It took effect on September 8, 2005.
After meeting with Clerk-Recorder staff, County Counsel prepared two informational brochures for
candidates which provide updated information from the newly modified Ordinance. On November 3,
the Finance Committee reviewed the material and suggested a few minor revisions/additions. A copy
of the revised draft brochures and a memorandum from County Counsel, which describes the
brochures, are attached. Once adopted by the Board of Supervisors, the information will be
transferred into brochure format for distribution at the Clerk-Recorder/Election Department and will be
available on the web at www.cocovote.us. Prior to each election cycle, County Counsel will work with
the Clerk-Recorder to update and revise the material as needed.
CONTINUED ON ATTACHMENT: L/ YES SIGNATURE:
-RECOMMENDATION OFC NN ADMINISTRATOR REC MMEND TI NO BO RD COMMITTEE
APPROVE O H R
SIGNATURE(S): ,.
f
AP15 ED AS` OMMENDED
ACTION OF BOARD ON i�
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON MINUTES OF
THE BOARD OF SUPERVISORS ON THE DATE SHOWN.
UNANIMOUS(ABSENT - )
AYES: NOES:
ABSENT: ABSTAIN:
Contact: Lisa Driscoll 335-1023
Cc: Mary Ann Mason,Deputy County Counsel ATTESTED0
Steve Weir,County Cleric-Recorder JOHN SWEETEN,CLERK OF THE BOARD OFSUPERVISORS
Jim Sepulveda,Sr.Deputy District Attorney
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: November 3, 2005
To: Board of Supervisors
From. Silvano B. Marchesi, County Counsel
By: Mary Ann McNett Mason,Deputy County Counsel t /,I . �� .
Re: Informational Brochure for Candidates
As directed by the Finance Committee,we have prepared two draft informational
brochures for candidates for county office that describe the provisions of the
County's Election
Campaign Ordinance. One brochure provides information for candidates for the office of
Supervisor. The second brochure provides information for candidates for the offices of Assessor,
Auditor,, Clerk-Recorder, District Attorney, Sheriff-Coroner, and Treasurer-Tax Collector. Once
the Board of Supervisors has approved the content of the brochures, the County Clerk can put
them in a"reader friendly" format and distribute them in candidate packets for the upcoming
June 2006 primary and thereafter.
For each election, limited information in the brochures about dates for election
cycles would need to be updated by the Clerk. In addition, the Clerk would need to reference the
correct supervisorial offices up for election. The brochures would otherwise be ready for
distribution. Of course, if the Election Campaign Ordinance is amended, it would be necessary
to update the brochures also.
Each draft brochure contains a disclaimer emphasizing that the brochure is provided
for informational purposes only, does not contain legal advice, and may not be relied upon in the
event of an enforcement action. Candidates are encouraged to consult with their private legal
counsel about any questions concerning the Election Campaign Ordinance.
MAM/am
cc: Stephen L. Weir, County Clerk-Recorder
Candy Lopez, Assistant County Registrar
John Sweeten, County Administrator
Julie Enea, Senior Deputy County Administrator
James Sepulveda, Senior Deputy District Attorney
I
Candidates for Assessor,Auditor, Clerk-Recorder,District Attorney,
Sheriff-Coroner,-Treasurer-Tax Collector
FREQUENTLY ASKED QUESTIONS
1. Are there any local laws applicable to elections for this office?
• Yes. The local laws are found in the Contra Costa County Ordinance Code,
Division 530 "Election Campaign." They are commonly referred to as the
County's Election Campaign Ordinance.
2. Where can I get a copy of the County's Election Campaign Ordinance?
• The County Clerk provides a printed copy to candidates in the candidate packets.
In addition, you can find the ordinance in the Contra Costa County Ordinance
Code at any local library. You can also find the County's Election Campaign
Ordinance on the County-s website: www.co.contra-costa.ca.us. Look under
"Document Center"' and go to "County Code." Then go to "Title 5 General
Welfare and Business Regulations" and"Division 530 Election Campaign."
3. What is the current election cycle for this office?
• July 1, 2002 through June 30, 2006. (See Contra Costa County Ordinance Code,
§530-2.212.)
4. When would the next election cycle for this office start?
• If a candidate is elected to office in the Primary Election on June 6, 2006 , the
next election cycle for the office will be from July 1, 2006 through the last day of
the month in which the primary election for the office is held in 2010.
For candidates who enter a run-off and will stand for election at the General
Election on November 7. 2006, the next election cycle will be July 1, 2006
through December 31, 2006. Once a candidate is elected to office, a subsequent
election cycle for the office would begin January 1, 2007 and run through the last
day of the month in which the primary election for the office is held in 2010. (See
Contra Costa County Ordinance Code, §530-2.212.)
5. Does the County's Election Campaign Ordinance limit the amount an individual or a
committee may contribute to my campaign for this office?
• Yes. During each election cycle, an individual (other than the candidate) or a
political committee may contribute the aggregate amount of$1,675 to your
campaign. (See Contra Costa County Ordinance Code, §530-2.402.)
• The same limit applies whether the contribution is monetary or non-monetary.
6. Would a donation of campaign office space be subject to the same contribution limit?
• No. During each election cycle, a person or a political committee can make an in-
kind contribution of campaign office space that does not exceed the aggregate
amount of$5,000 in value. (See Contra Costa County Ordinance Code, §530-
2.403.)
7. What is a broad based political committee (also known as a political action committee or
PAC)?
• It is a committee that has been in existence for more than 6 months,, and receives
contributions from one hundred or more persons, and acting in concert makes
contributions to five or more candidates. (See Contra Costa County Ordinance
Code, §530-2.216)
8. Does the County's Election Campaign Ordinance limit the amount abroad based political
committee can contribute to my campaign for this office?
• Yes. During each election cycle, a broad based political committee can contribute
up to $10,000 to your campaign. (See Contra Costa County Ordinance Code, §
530-2.404.)
• The same limit applies whether the contribution is monetary or nonmonetary.
9. Is there a limit on the total aggregate amount of contributions I can accept from all broad
based political committees?
• Yes. During each election cycle, you may not accept more than the total
aggregate amount of$50,000 from all broad based political committees. For
example: $10,,000 apiece from 5 committees; or$8,000 apiece from 4 committees
and $2,000 apiece from 9 additional committees. (See Contra Costa County
Ordinance Code, §530-2.404.)
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10. Does the County's Election Campaign Ordinance limit the amount that I can give to my own
campaign?
0 No.
11. Does the County's Election Campaign Ordinance limit the amount that I can loan to my own
campaign?
• No.
12. Does the County's Election Campaign Ordinance limit the amount my campaign can spend
in support of my election?
• No.
13. Are candidates for this office subject to any special reporting requirements?
• Yes. At the same time that the candidate files the campaign statements required
by state law he or she must also file copies of the statements with the County
Clerk-Recorder. In addition, the candidate must file an additional statement by
12:00 noon on the last Friday before the election covering the period between the
previous statement filed and twelve midnight of the last Thursday before the
election. (See Contra Costa County Ordinance Code, §530-2.802.)
• These statements should be filed at:
(insert Clerk-Recorders's contact information.)
14. Is there any penalty for violating the County's Election Campaign Ordinance?
• Yes. Most violations of the ordinance are misdemeanors,punishable by either
imprisonment in the county jail for up to six months or a fine not exceeding
$1,000, or both. (See Contra Costa County Ordinance Code, §530-2.1003.)
15. How do I report a violation of the County's Election Campaign Ordinance.?
• The District Attorney enforces the County's Election Campaign Ordinance. (See
Contra Costa County Ordinance Code, §530-2.1004.)
3
• You can report a violation to the District Attorney at:.
(Insert District Attorney's contact information)
16. What should I do if I have questions about the County's Election Campaign Ordinance?
• You should consult your private legal counsel. It is your responsibility to ensure
that you comply with all requirements of the ordinance.
This informational brochure is provided as a courtesy. It does not cover all matters addressed in
the County's Election Campaign Ordinance and does not contain legal advice. This brochure
may not be relied upon in the event of an enforcement proceeding under the County's Election
Campaign Ordinance. If you have questions about the Ordinance and what it allows, you should
seek advice from your private legal counsel.
4
Candidates for Board of Supervisors
(Districts I and IV)
FREQUENTLYASKED QUESTIONS
1. Are there any local laws applicable to elections for this office?
• Yes. The local laws are found in.the Contra Costa County Ordinance Code,
Division 530 "Election Campaign." They are commonly referred to as the
County's Election Campaign Ordinance.
2. Where can I get a copy of the County's Election Campaign Ordinance?
• The County Clerk provides a printed copy of the ordinance in candidate packets.
In addition, you can find the ordinance in the Contra Costa County Ordinance
Code at any local library. You can also find the County's Election Campaign
Ordinance on the County's website, www.co.contra-costa.ca.us.' Look under
"Document Center" and go to "County Code." Then go to "Title 5 General
Welfare and Business Regulations" and"Division 530 Election Campaign."
3. What is the current election cycle for this office?
• July 1, 2002 through June 30, 2006. (See Contra Costa County Ordinance Code.,
§530-2.212.)
4. When would the next election cycle for this office start?
• If a candidate is elected to office in the Primary Election on June 6, 2006, the next
election cycle for the office will be from July 1, 2006 through the last day of the
month in which the primary election for the office is held in 2010.
• For candidates who enter a run-off and will stand for election at the General
Election on November 7. 2006, the next election cycle will be July 1, 2006
through December 31, 2006. Once a candidate is elected to office, a subsequent
election cycle for the office would begin January 1, 2007 and run through the last
day of the month in which the primary election for the office is held in 2010. (See
Contra Costa County Ordinance Code, §530-2-212.)
5. Does the County's Election Campaign Ordinance limit the amount an individual or a
committee may contribute to my campaign for this office?
• Yes. During each election cycle, an individual (other than the candidate) or a
political committee may contribute the aggregate amount of$1,675 to your
campaign. (See Contra Costa County Ordinance Code, §530-2.703.)
• The same limit applies whether the contribution is monetary or non-monetary.
6. Does the limit on contributions from individuals ever increase?
• Yes. If during an election cycle independent expenditure committees make
independent expenditures that total $75,000 or more to oppose your candidacy or
to support your opponent's candidacy, then for that election cycle, the individual
contribution limit applicable to your campaign will increase to $5,000. (See
Contra Costa County Ordinance Code, §530-2.705 (a), (c).)
• Also, during an election cycle in which your opponent is a Self-Funded Candidate,
the individual contribution limit applicable to your campaign will increase to
$5,000. (See Contra Costa County Ordinance Code, §530-2.708 (a), (c)-)
7. What is a broad based political committee(also known as a political action committee, or
PAC)?
• A committee that has been in existence for more than 6 months, and receives
contributions from one hundred or more persons, and acting in concert makes
contributions to five or more candidates. (See Contra Costa County Ordinance
Code, §530-2.216)
8. Does the County's Election Campaign Ordinance limit the amount abroad based political
committee can contribute to my campaign for this office?
• Yes. During each election cycle, a broad based political committee can contribute
up to $5,000 to your campaign. (See Contra Costa County Ordinance Code, §
530-2.704.)
• This same limit applies whether the contribution is monetary or nonmonetary.
The limit is not subject to increase.
9. Is there a limit on the total aggregate amount of contributions I can accept from broad based
political committees ?
• Yes. During each election cycle,, you may not accept more than the total
aggregate amount of$40,000 from all broad based political committees. For
example: $5,000 apiece from 8 committees; or$5,000 apiece from 4 committees
2
and $25000 apiece from 10 additional committees. (See Contra Costa County
Ordinance Code, §530-2-704.)
0 If during an election cycle independent expenditure committees make
independent expenditures that total $75,000 or more to oppose your candidacy or
to support your opponent's candidacy, then for that election cycle, the limit on the
aggregate amount,that you can accept from all broad based political committees
doubles to $80,000. (See Contra Costa County Ordinance Code, §530-2.705 (a).,
(C)
10. Does the County's Election Campaign Ordinance limit the amount that I can give to my own
campaign?
• No. However, giving more than$25,000 per election cycle will qualify you as a
Self-Funded Candidate. (See question 13 below and Contra Costa County
Ordinance Code, §530-2.708.)
11. Does the County's Election Campaign Ordinance limit the amount that I can loan to my own
campaign?
• Yes. For a single election cycle, you may not loan your campaign more than
$25,000. (See Contra Costa County Ordinance code, §530-2.706.)
• If during an election cycle independent expenditure committees make
independent expenditures that total $75,000 or more to oppose your candidacy or
to support your opponent's candidacy, then for that election cycle, the limit on the
amount that you can loan your campaign is increased to $50,000. (See Contra
Costa County Ordinance Code, §530-2.705 (b), (c).)
12. Does the County's Election Campaign Ordinance limit the amount my campaign can spend
in support of my election?
0 No.
13. What is a Self-Funded Candidate?
ASelf-Funded Candidate gives, or gives and loans, his or her personal funds to
his or her campaign,,.in the aggregate amount of more than$25,000 during a single
election cycle. (See Contra Costa County Ordinance Code, §530-2.708.)
• Persons considering a self-funded candidacy should consult the County's Election
Campaign Ordinance to learn the special requirements for Self-Funded
3
Candidates. (See Contra Costa County Ordinance Code, §§530-2.708; 530-
2.904.)
14. Are candidates for this office subject to any special reporting requirements?
• Yes. At the same time that the candidate files the campaign statements required
by state law he or she must also file copies of the statements with the County
Clerk-Recorder. In addition, the candidate must file an additional statement by
12:00 noon on the last Friday before the election covering the period between the
previous statement filed and twelve midnight of the last Thursday before the
election. (See Contra Costa County Ordinance Code, §530-2.802.)
• These statements should be filed at:
(Insert Clerk-Recorders's contact information.)
15. Is there any penalty for violating the County's Election Campaign Ordinance?
• Yes. Most violations of the ordinance are misdemeanors, punishable by either
imprisonment in the county jail for up to six months or a fine not exceeding
$1,000 or both. (See Contra Costa County Ordinance Code, §530-2.1003.)
16. How do I report a violation of the County's Election Campaign Ordinance?
• The District Attorney enforces the County's Election Campaign Ordinance. (See
Contra Costa County Ordinance Code, §530-2.1004.)
You can report a violation to the District Attorney at:
(Insert District Attorney's contact information)
17. What should I do if I have questions about the County's Election Campaign Ordinance?
• You should consult your private legal counsel. It is your responsibility to ensure
that you comply with all requirements of the ordinance.
This informational brochure is provided as a courtesy. It does not cover all matters addressed in
the County's Election Campaign Ordinance and does not contain legal advice. This brochure
may not be relied upon in the event of an enforcement proceeding under the County'sElection
y
Campaign Ordinance. If you have questions about the Ordinance and what it allows,you should
seek advice from your private legal counsel.
4