HomeMy WebLinkAboutORDINANCES - 02141984 - 84-09 (2) ORDINANCE NO. 84- 9
(Election Campaign Reform)
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 . ENACTMENT. Division 530, now comprising Chapter
530-2, is added to the County Ordinance Code, to limit campaign
contributions for persons seeking county office, to require
reporting of certain contributions , and to provide a code of
ethics , to read as follows .
DIVISION 530 ELECTION CAMPAIGN ORDINANCE
CHAPTER 530-2 FAIR CAMPAIGNS
ARTICLE 530-2.2 GENERAL
530-2.202 Citation. This division may be cited as the Contra
Costa County Election Campaign Ordinance.
(Ord. 84- 9 . )
530-2.204 Purpose. Inherent in the high cost of election
campaigns is the possibility and the appearance of improper
influence, real or potential , exercised by campaign contributors
over elective officials. The intent and purpose of this Chapter
are: to preserve an orderly political forum in which persons may
express themselves effectively; to place realistic and enforceable
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limits on the amounts of money that may be contributed to politi-
cal campaigns in countyelections; to decrease the cost of cam-
paigns; to prevent improper influence over elective officials; to
prevent the appearance of improper influence; to broaden the base
of funding for campaigns and to provide full and fair enforcement
of all these provisions .
(Ord. 84- 9 . )
530-2.206 Definitions . Unless otherwise specifically pro-
vided (below) or required by the context , the words and phrases in
this Division have the same meanings as in the Elections Code , and
in the Political Reform Act of 1974 (Government Code §§81 ,000
ff. ) and regulations adopted under Sec. 83112 thereof.
(Ord . 84- 9 . )
530-2.208 County Election. "County election" means any pri-
mary, general or special election, including a recall election,
held within this County for elective County office. Each primary,
general or special election is a separate election for purposes of
this chapter.
(Ord. 84- 9 . )
530-2.210 County Offices. "County office" means the elective
offices of Member of the Board of Supervisors, Assessor, Auditor,
County Clerk, Coroner, District Attorney, Public Administrator,
Recorder, Sheriff, Tax Collector and Treasurer, including com-
binations thereof (e.g. Clerk-Recorder) .
(Ord . 84- 9 . )
530-2.212 Election Cycle. "Election cycle" means the period
commencing on the 30th day after an election and ending at the
end of the 29th day after the next election for the same office.
(Ord. 84- 9 . )
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530-2.2114 Exemptions . Notwithstanding any other provision in
this chapter, it does not apply to contributions placed in a
controlled committee(s) of an incumbent of a County office where,
( 1 ) that incumbent designates the committee as a committee to
collect funds for purposes other than a campaign for County office.
(2) those funds are not used for any purpose related to a
campaign by that incumbent; and
(3) those funds are not transferred to or used for any other
committee controlled by that incumbent which raises or receives or
spends money for the purposes related to a campaign for a County
office.
(Ord . 814- 9 . )
530-2.216 Political Action Committee. "Political Action
Committee" or "PAC" shall have the same meaning as term is used in
2 Cal .Admin.C. §181419. It means a committee within the meaning of
Government Code §82013(a) which is sponsored by a single organiza-
tion, including but not limited to a labor union, corporation or
trade association, if a substantial portion of the organization's
goals and activities are unrelated to campaigns .
530-2.218 Regulations . The County Clerk is authorized to
adopt regulations to interpret and carry out the provisions of
Division 530 of this Code.
530-2.220 Informational Meeting. The County Clerk shall
invite all qualified candidates for County Office to a meeting, in
the week following the Gose of the nomi.nation period for County
Office , for the purpose of informing them of the provisions of
this Ordinance.
(Ord . 814- 9 . )
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ARTICLE 530-2.4 CONTRIBUTION LIMITS
530-2.402 Individual Campaign Contributions . (a) In a single
county election cycle, no person (other than the candidate or a
Political Action Committee) shall make, and no candidate or cam-
paign 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, which
will cause the total amount contributed by such person in support
of that candidate to exceed $500.00 with the following exception.
(b) In addition to personal contributions within the t500.00
limit a person may give up to $10,000 in inkind contributions of
office space and/or equipment and a candidate may accept one or
more in kind contributions of office space and/or equipment which
do not exceed an aggregate amount of $10,000 in value.
(Ord . 84- 9 . )
530-2.404 Political Action Committees. In a single county
election cycle, no political action committee shall make, and no
candidate or campaign treasurer shall accept, any cash contribu-
tion to or for a single candidate for county office or to or for a
committee authorized in writing by the candidate to accept contri-
butions for him, which will cause the total amount contributed by
such political action committee in support of that candidate
during that election cycle to exceed $15,000.00. The total aggre-
gate amount of contributions from all Political Action Committees
which may be accepted by a single candidate in an election cycle
shall not exceed $15,000.
(Ord. 84- 9 . )
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530-2.405 Return of Excess Contributions. If for any reason
the contribution limit set forth in §530-2.402 or §530-2.404 has
been exceeded, the candidate or campaign treasurer may within 30
days after receipt , return the excess amount of contribution to
the contributor without penalty.
(Ord. 84- 9 . )
530-2.406 Governmental Entities . No candidate or campaign
treasurer shall accept any campaign contribution from any govern-
mental entity for any candidate for county office.
(Ord. 84- 9 . )
ARTICLE 530-2. 6 CANDIDATE'S FAIR CAMPAIGN PLEDGE
530-2.602 Pledge. The County Clerk when he issues the
Declaration of Candidacy, shall also issue to each candidate for
county office, a form for a voluntary campaign pledge which shall
read as follows:
Fair Campaign Pledge
1 . I shall conduct my campaign for County Office openly
and fairly.
2. I shall discuss the issues and participate in fair debate
with respect to my views and qualifications.
3. I shall not engage in, or permit , defamatory attacks on
the character of my opponents; nor shall I engage in
unwarranted invasions of personal privacy unrelated to
campaign issues .
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4. I shall not at any time use or permit the use of any
campaign material or advertisement which misrepresents,
distorts , or otherwise falsifies the facts regard-ing any
candidate or the candidate's position on issues .
5. I shall clearly identify myself, or my campaign commit-
tee(s) , as the sender of all of my campaign mailings.
6. I shall personally approve in writing all of my campaign
material , advertisements , or mailings, prior to their use.
7. I shall publicly repudiate support derived from any
individual or group whose activities would violate this
Fair Campaign pledge .
8. I shall file all campaign statements as required by the
California Political Reform Act and the Contra Costa
County Election Campaign Ordinance, on time and with full
disclosure of campaign contributions and expenditures.
9 . I shall not duplicate or use any lists of contributors
filed by any other candidates for the purpose of compiling
my own mailing lists without the permission of the other
candidate.
10. I , the undersigned candidate for election to a County
Office in the County of Contra Costa, hereby voluntarily
endorse, subscribe to, and solemnly pledge myself to conduct
my campaign in accordance with the above principles and
practices.
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Date Signature
Please print name, office sought, .and date of election.
(Ord. 84- 9 . )
530-2.604 Voluntary Pledge. Each candidate may choose to
sign or not sign the campaign pledge.
(Ord. 84- 9 . )
530-2.606 Filing. Any candidate may file the pledge with his
Declaration for Candidacy.
(Ord. 84- 9 . )
530-2.608 Clerk's Duties . At the close of the nomination
period for County Office, the County Clerk shall issue a general
press release stating the name of each candidate for County Office
who has , and who has not , subscribed to the Pledge of Fair
Campaign Practices .
(Ord. 84- 9 . )
ARTICLE 530-2.8 REPORTING REQUIREMENTS
530-2.802 Candidate and Committee Reports. Each candidate
and committee supporting or opposing a candidate for County
Office shall file a campaign statement , by 12: 00 noon on the last
Friday before the election, in the County Clerk-Election Division
Office covering the period between the previous statement filed
pursuant to the Political Reform Act of 1974 and 12: 00 midnight of
the last Thursday before the election. This filing must be timely
received by the filing officer and is not accomplished by deposit
in the mail . The statement shall include, in addition to all mat-
ters required by this ordinance, the same disclosures required for
the last campaign statement before the election by the Political
Reform Act .
(Ord . 84- 9 . )
530-2. 804 Candidate's Statement . Each county campaign sta-
tement required to be filed by candidates for County office shall
contain:
( 1 ) (a) The total amount of all contributions received
during the period covered by the campaign statement that
equalled twenty-five dollars ($25) , or more, and (b) the total
of all contributions of less than that cumulative amount .
(2) If the cumulative amount of contributions from a
person is more than twenty-five dollars ($25) and less than
one hundred dollars ($100) and a contribution has been
received from that person during the period covered by the
campaign statement , the statement shall include the date and
amount of each contribution, the name of the contributor and
the type of contribution, such as monetary or non-monetary
(inkind contribution) . In the case of inkind contributions,
the fair market value shall be reported. If the value is
unknown, a written valuation shall be obtained from the donor
and this valuation reported.
(3) If the cumulative amount of contributions from a
person is one hundred dollars ($100) or more and a contribu-
tion has been received from that person during the period
covered by the campaign statement, the statement shall contain
the same disclosures required by Government Code §84211 (f) .
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(4) Candidates need not duplicate any reports of contri-
bution and/or loan required by State law but may certify that
reports made pursuant to this section are in addition -to those
made pursuant to state law.
(Ord. 84- 9 . )
530-2. 806 Out of County Committee Reports . Committees domi-
ciled outside this County which make independent expenditures or
contributions for or against any candidate for county office shall
file a report with the County Clerk's Elections Division, in the
time and manner required by Government Code §§84200 ff. for com-
mittees domiciled in this County which support or oppose a can-
didate for county office.
(Ord. 84- 9 )
ARTICLE 530-2. 10 ENFORCEMENT
530-2. 1002 Clerk and District Attorney Review.
(a) In addition to other duties required by law, the County
Clerk shall monitor all statements (except those of candidates for
his office) filed pursuant to this chapter. He shall:
1 ) Determine whether the required statements have been
filed with his office;
2) Determine the timeliness of filing;
3) Determine whether the statements conform on their face
with the requirements of this chapter; and
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4) Determine if any reported contributions exceed the
allowable maximums established by this chapter.
(b) The District Attorney shall monitor all statements of can-
didates for the office of County Clerk, as set forth in subsection
(a) .
(c) The County Clerk (or the District Attorney) shall notify
the candidate of any apparent violations as set forth above in
subsections (a) and W .
(d ) The candidate shall be allowed to correct any reports
within five days after notice.
(e) The County Clerk shall report to the District Attorney
any apparent violations of this ordinance which have not been
corrected by the candidate.
(f) The County Clerk (or District Attorney) shall compile and
maintain for 5 years a current list of all statements or parts
of statements filed with his office, indexed by candidate's name.
(g) The County Clerk shall make recommendations to the Board
of Supervisors on additional penalty provisions .
(Ord. 84- 9 . )
530-2. 1004. District Attorney's Court Suits. The District
Attorney may enforce the provisions of this chapter by filing, in
his discretion, any appropriate legal action.
(Ord. 84- 9 . )
SECTION II . EFFECTIVE DATE. This ordinance becomes effective 30
days after passage, and within 15 days after passage shall be
published once, with the names of the supervisors voting for and
114
against it , in the CONTRA COSTA TIMES , a newspaper
published in this County.
PASSED on February 14, 1984 by the following vote:
AYES: Supervisors - Powers, Fanden, Schroder, McPeak, Torlakson.
NOES: Supervisors - None.
ABSENT: Supervisors - None.
ATTEST: J. R. OLSSON, County Clerk
& ex officio Clerk of the Board .
By: , Dep.
Diana M. erman � /��
Board Chair
[SEAL]
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