The URL can be used to link to this page

Home My WebLink AboutORDINANCES - 10101995 - 95-47 J V ' ORDINANCE NO. 95- 47 (Adoption ,of voluntary campaign expenditure ceiling) 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 section 530-2 . 707 of Campaign Spending Reform Ordinance to specify that a runoff candidate must file a separate statement accepting the voluntary campaign expenditure ceiling. The Ordinance also amends that section ,to clarify when candidates must give notice that they have received contributions or made expenditures exceeding the applicable voluntary expenditure ceiling. This ordinance specifies that adoption of the voluntary expenditure ceiling for an election cycle is irrevocable as to that cycle . This ordinance adds an uncodified section clarifying the Board' s intent that expenditures made .prior to May 25, 1995 shall not count toward the voluntary expenditure ceiling; personal loans made prior to that date shall not count toward the limitations on personal loans; contributions accepted prior to May 25, 1995 shall not count toward the limitations on individual, broad based committee or cumulative contributions effective after that date. SECTION II . Section 530-2 . 707 is amended to read: 530-2 . 707 Voluntary expenditure limits (a) Statement accepting expenditure ceiling. All candidates, other than recall candidates, who adopt the expenditure ceiling specified in subsection (c) may accept contributions in the amounts specified in section 530-2 . 703, subsection (b) and section 530-2 . 704 , subsection (b) . All recall candidates who adopt the expenditure ceiling specified in subsection (c) may accept contributions in the amounts specified in section 530-2 . 703 , subsection . (c) and section 530-2 . 704 , subsection (c) . All candidates who adopt the expenditure ceiling specified in subsection (c) may loan their campaigns money up to the amount specified in section 530-2 . 706, subsection (b) . ORDINANCE NO. 95- 47 1 Before accepting any contributions or making any loans within the amounts specified in sections 530-2 . 703 , subsections (b) and (c) , 530-2 . 704, subsections (b) and (c) , and 530-2 . 706, subsection (b)., a candidate for a primary, general, or recall election must file with the County Clerk- election division a statement, signed under penalty of perjury, which states that the candidate adopts the expenditure ceiling specified in subsection (c) below. (b) Time for filing statement adopting expenditure ceiling. The statement may be filed by a candidate, other than a recall candidate, at any time after that date which is twelve months before the date of the primary election for the office and until such time as the candidate files his or her declaration of candidacy. In the event the candidate is not elected to office in the primary election, enters the runoff election, and wishes to adopt the expenditure ceiling for the election cycle for the general election, the candidate must file a separate statement . . Such statement may be filed at any time after the primary election results are final until thirty days prior to the generale election. A recall candidate may file the statement adopting the expenditure ceiling at any time after the date the recall measure is certified for the ballot until thirty days before the recall election. (c) Amount of expenditure ceiling. During an election cycle, candidates who agree to accept the voluntary expenditure ceiling shall not incur campaign expenditures exceeding eighty thousand dollars ($80,000) except as set forth in subsection (d) below. (d) Contributions from individuals . During an election cycle, a . candidate who accepts the voluntary expenditure .ceiling and who raises twenty percent of the amount of that ceiling in contributions of less than one hundred dollars ($100) from individuals residing in the supervisorial district in which the candidate stands for election, may incur ten thousand dollars . ($10 , 000) in campaign expenditures in addition to that amount permitted in subsection (c) . (e) Notification by candidate who exceeds ceiling. A candidate, other than a candidate who has accepted the voluntary ORDINANCE NO. 95- 47 2 expenditure ceiling and has qualified to incur additional campaign expenditures as specified in subsection (d) ; who receives aggregate contributions exceeding the amount of the expenditure ceiling specified in subsection (c) shall notify the County Clerk-election division by both telephone and guaranteed overnight mail on the day such contributions exceeding that amount are received. A candidate, other than a candidate who has accepted the voluntary expenditure ceiling and has qualified to incur additional campaign expenditures as specified in subsection (d) , who makes aggregate expenditures exceeding the. amount of the expenditure ceiling specified in subsection (c) shall notify the County Clerk-election division by both telephone and guaranteed overnight mail on the day such expenditures exceeding that amount are made . A candidate who has accepted the voluntary expenditure ceiling and has qualified to incur additional campaign expenditures as specified in subsection (d) , who receives aggregate contributions exceeding the amount of the expenditure ceiling specified in subsection (d) shall notify the County Clerk-election division by both telephone and guaranteed overnight mail on the day such contributions exceeding that •amount are received. A candidate. who has accepted the voluntary expenditure ceiling and has qualified to incur additional campaign expenditures as specified in subsection (d) , who makes aggregate expenditures exceeding the amount of the expenditure ceiling specified in subsection (d) shall notify the County Clerk-election division by both telephone and guaranteed overnight mail on the day such expenditures exceeding that, amount are made . If the day on which notice - is required is not a business day, notice shall be given on the next business day. (f) Exclusions . For purposes of this Article, expenditures subject to the expenditure ceiling do not include : (1) expenditures for campaigns for other offices; (2) expenditures for campaigns for the office of Supervisor which occurred prior to the effective date of this ordinance; (3). expenditures for office holder expenses . "Office holder expenses" means those expenditures arising out of the l office holder' s official duties which directly assist the office holder in performing his official duties, or which directly relate to a governmental purpose . "Office holder expenses include but are not limited to, (a) donations to charitable ORDINANCE NO . 95- 47. 3 organizations; (b) the cost of tickets to political, events; (c) the cost .of postage, office supplies, stationary and similar expenses related to the conduct or performance of the office . holder' s governmental duties; (d) reasonable expenses for travel to conferences, seminars, educational events and similar activities related to the office holder' s position; (e) the cost of books or publications reasonably related to the office holder' s position; (f) litigation expenses related to the office holder' s actions as a supervisor. The expenses listed in items (a) through (f) shall not be considered "office holder expenses" • if they are used in connection with any office holder' s campaign for a future term of office as a Supervisor. (g) Adoption of expenditure ceiling irrevocable . A. candidate who adopts the expenditure ceiling for the election cycle for a particular primary election, may not thereafter revoke his or her adoption of the expenditure ceiling as to that election cycle . A candidate who is not elected to office in the primary election, enters the runoff election, and adopts the expenditure ceiling for the election cycle as to that general election, may not thereafter revoke his or her adoption of the expenditure ceiling as to that election cycle. (Ords . 95-47§ 2 ; 95-35 ; 95-8 . ) SECTION III . REVOCATION OF ADOPTION OF VOLUNTARY EXPENDITURE CEILING. This section shall become operative only in the event that a court of competent jurisdiction makes a final judicial determination that subsection (g) of section 530-2 . 707 is unenforceable . A candidate who has adopted the voluntary expenditure ceiling and who has accepted contributions and\or made personal loans in the amounts applicable to candidates adopting the ceiling, and who then determines to revoke his or her adoption of. the ceiling must do the following at least three business days before the candidate may make expenditures in excess of the ceiling: (1) return the balance of any contribution exceeding the contribution limit applicable to candidates not adopting the ceiling to the individual or broadbased committee contributor and return the balance of any loan the candidate has' made to his or her campaign which exceeds ORDINANCE NO. 95- 47 4 the limitation on personal loans applicable to candidates not adopting the ceiling; and (2) file with the County Clerk- elections division a statement, signed under penalty of perjury, which states that the candidate has revoked adoption of .the voluntary expenditure ceiling and has returned the balance of all contributions and loans exceeding the limits applicable to a candidate who has not adopted the ceiling. The statement shall contain a list of all contributors to whom monies were returned and the amounts thereof . SECTION IV. EFFECT OF CONTRIBUTION RECEIVED OR LOAN OF MONEY OR EXPENDITURE OF MONEY MADE BEFORE MAY 25, 1995. No supervisorial candidate or his or her campaign treasurer shall .be subject to criminal or civil sanction for receipt of a contribution prior to May 25, 1995 if such contribution was lawful when received, whether or not the amount of such contribution would have exceeded the contribution limits for supervisorial candidates effective May 25, 1995 . Nothing in this section shall require a candidate or his or her campaign treasurer to refund all or a portion of a contribution received prior to May 25, 1995 if such contribution was lawful when received. No supervisorial candidate shall be subject to criminal or civil sanction for making a personal loan to his or her campaign prior to May 25, 1995 if such loan was lawful when made, whether or not the amount of such loan would have exceeded the limitations on personal loans effective .on May 25, 1995 . Campaign expenditures made by a candidate prior to May. 25, - 1995 for an election occurring after that date do not count toward the voluntary expenditure ceiling specified in section 530-2 .707 subsections (c) , (d) . Personal loans made by a candidate prior to May 25,1995 shall not be chargeable against the limitations on personal loans specified in section 530-2 . 706 . , Contributions received prior to May 25, 1995 shall not be chargeable against the limits on individual contributions specified in section 530-2 . 703 ; or 'against the limits on broad based committee contributions specified in section 530-2 . 704, or against the limits on cumulative contributions specified in section 530-2 . 710 . ORDINANCE NO. 95- 47 5 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 October 10 , 1995 by the following vote : AYES : Supervisors Rogers , DeSaulnier and Torlakson NOES : None ABSENT: Supervisor Bishop ABSTAIN: Supervisor Smith ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator a , BY. Dej3uty B a 126 Chair [SEAL] ORDINANCE NO. 95- 47 6 OFFICE OF THE CLERK OF THE BOARD OF SUPERN ISORS CONTRA COSTA COUNTY 651 PINE STREET MARTINEZ, CALIFORNIA 94553 Phone: (510) 646-2371; FAX (310) 646-1059 PLEASE CONFIRM RECEIPT VIA PHONE DATE: I o--l TO: s 9kA) Le- � t, c��( /' S FROM: TOTAL PAGES INCLUDING THIS COVER: PLEASE ADVISE IF FOR ANY REASON YOU DO NOT RECEIVED THIS ITEM COMPLETEi