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HomeMy WebLinkAboutORDINANCES - 12101996 - 96-48 i - �-� C I i ORDINANCE NO. 96.48 (Amendments to conform Campaign Spending Reform Ordinance to Proposition 208) I The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the lenacted or amended provisions of the County Ordinance Code). I I - SECTION I. SUI JAMY. This ordinance repeals the debt retirement cycle and the Fair Campaign Pledge. As to candidates for supervisorial office, this ordinance modifies the contribution limits and loan limits and deletes references to election cycles, broad.based political committees, and recall candidates for consistency with Proposition 208. This ordinance imposes contribution limits for small contributor committees; provides for increases in the voluntary expenditure ceiling in specified circumstances; and requires notifications by candidates who do not adopt the ceiling. I i SECTION II. Sections 530-2.407 "Contributions to committees making independent expenditures," 530-2.602 "Pledge," 530-2.603 "Exemptions from campaign expenditure limit," 530-2.604 "Voluntary Pledge," 530-:2.606 "Filing," 530-2.608 "Clerk's duties," 530-2.708 "Separate and special election cycles," 530-2.709"Fair Campaign Pledge, and 530-2.711 "Debt Retirement" are hereby repealed. I SECTION III. Section 530-2.215 is added to read: I I 530-2.215. Small Contributor Committee. "Small contributor committee" shall have the same meaning as Government Code section 85203. It means any committee which meets all of the following criteria: it has a membership of at least 100 individuals; all the contributions it receives from any person in a calendar year total fifty dollars or less; it has been in existence for at least six months; it is not a candidate controlled committee. (Ord. 96,48§3.) i SECTION IV. Section 530-2.702 is amended to read: i 530-2.702 Application. I (a) This Article applies only to candidates for the office of County Supervisor. Unless otherwise specified, "candidate" includes recall candidates. "Recall candidates" means those candidates who are running to replace an incumbent Supervisor who is the subject of a ballot measure calling for his or her recall. I (b) Ordinance Code sections 530-2.402, 530-2.403, 530-2.404, 530-2.405 and 530-2.603 shall not apply to candidates for the office of County Supervisor. I i' I I I 1 I I i I I i i (c) To the extent that there is any conflict between the provisions of this article and the other provisions of Chapter 530-2, the provisions of this article shall prevail as to campaigns for the office of County Supervisor. (Ords. 96 ,8§ 4; 95-8.) SECTION V. Section 530-2.703 is amended to read: 530-2.703 Individual campaign contributions. (a)For a single election, no person or political committee(other than the candidate or a small contributor committee) shall make, and no candidate or campaign treasurer shall accept, any contribution to or for a single candidate for County Supervisor or to or for a committee authorized in writing by the candidate to accept contributions to him or her, which will cause the total amount contributed by that person or political committee in support of that candidate for that election to exceed one hundred dollars($100), except as provided in subparagraph (b). (b)For candidates who adopt the voluntary expenditure ceiling defined in section 530- 2.707, for a single county election, no person or political committee (other than the candidate or a small contributor committee) shall make, and no candidate or campaign treasurer shall accept, any contribution to or for a single candidate for County Supervisor or to or for a committee authorized in writing by the candidate to accept contributions to him or her, which will cause the total amount contributed by that person or political committee in support of that candidate for that election to exceed five hundred dollars($500). (Ords. 96-48§ 5; 95-8 .) I I SECTION VI. Section 530-2.704;is amended to read: ' I 530-2.704 Small contributor committee campaign contributions. (a) For a single county election, no small contributor committee shall make, and no candidate or campaign treasurer shall accept, any contribution to or for a.,single candidate for County Supervisor or to or for a committee authorized in writing by the candidate to accept contributions to him or her, which will cause the total amount contributed by such small contributor committee in support of that candidate for that election to exceed two hundred dollars ($200), except as provided in subparagraph (b). (b)For candidates who adopt the voluntary expenditure ceiling defined in section 530- 2.707, for a single county election; no small contributor committee shall make, and no candidate or campaign treasurer shall accept, any contribution to or for a single candidate for County Supervisor or to or for a committee authorized in writing by the candidate to accept contributions to him or her, which will cause the total amount contributed by such small contributor committee in support of that candidate for that election to exceed one thousand dollars($1,000). (Ords. 96-48§ 6; 95-8.) 2 i i SECTION VII. Section 530-2.705 is amended to read: 1 530-2.705 Return of excess contributions. If for any reason the contribution limits set forth in Section 530-2.703 and 530-2.704 have been exceeded, the candidate, or campaign treasurer may within thirty days after receipt, return the excess amount of the contribution to the contributor without penalty. (Ords. 96-48§7; 95-8.) SECTION VIII. Section 530-2.706 is amended to read: 530-2.706 Limitation on pe rsonal loans. (a)For a single county election, no candidate shall lend to his or her campaign or controlled committee any amount inlexcess of five thousand dollars($5,000) except as provided in subparagraph (b)below. (b)For candidates who adopt the voluntary expenditure ceiling defined in section 530- 2.707, for a single county election, the candidate shall not lend to his or her campaign or controlled committee any amount in excess of twenty thousand dollars($20,000). (Ords. 96.48§ 8; 95-8.) SECTION IX. Section 530-2.707 is amended to read: I 530-2.707 Voluntary expenditure limits. (a) Statement accepting expenditure ceiling. All 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 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). Before accepting any contributions or making any loans within the amounts specified in sections 530-2.703, subsection(b), 530-2.704, subsection (b), 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 expeiditure 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 elect-ion 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,I and wishes to adopt the expenditure ceiling for the general election, the candidate must file a separate statement. Such statement may be filed at any time 3 I C .9 after the primary election results are final until thirty days prior to the general 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. For an election, candidates who agree to accept the voluntary expenditure ceiling shall not incur campaign expenditures exceeding eighty thousand dollars($80,000), except as set forty in subsections (d), (e) and (f)below. (d) Contributions from individuals. For an election, a candidate who accepts the voluntary expenditure ceiling and who raises twenty percent of the amount of that ceiling in contributions of one hundred dollars'($100) or less 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) Candidate whose opponent does not adopt ceiling. For an election, for a candidate who accepts the voluntary expenditure ceiling and whose opponent or opponents do not accept the expenditure ceiling, the amount of the voluntary expenditure ceiling specified in subsection (c) shall increase by ten thousand dollar's($10,000) each time the opponent or opponents not accepting the ceiling either receive cumulative contributions of ten thousand dollars ($10,000) or make cumulative expenditures often thousand dollars ($10,000.) For purposes of determining whether the ten thousand dollar threshold for cumulative contributions is reached, the contributions received by all opponents not accepting the limits shall be added together. For purposes of determining whether the ten thousand dollar threshold for cumulative expenditures is reached, the expenditures of all such opponents shall be added together. To be eligible for a ten thousand dollar increase in the ceiling, the candidate must have received disclosures pursuant to subsection (i) which show either cumulative contributions of ten thousand dollars($10,000) received by an opponent or opponents who did not accept the ceiling or cumulative expenditures of ten thousand dollars ($10,000)by such opponent or opponents. Each subsequent increase in the ceiling must be based on amounts disclosed pursuant to subsection(i) which were not counted for purposes of any previous increase in the ceiling. (f)Independent expendit Tres against candidate or on behalf of candidate's opponent. For an election, for a candidate who accepts the voluntary expenditure ceiling, the amount of the voluntary expenditure ceiling specified in subsection(c) shall increase by ten thousand dollars($10,000) each time a committee or committees make independent expenditures opposing the candidate or supporting his or her opponent(s) in the cumulative amount of ten thousand dollars ($10,000) or receive cumulative contributions in the amount of ten thousand dollars ($10,000.) For purposes of determining whether the ten thousand dollar threshold for cumulative contributions is reached, the contributions received by all committees making independent expenditures for or against a candidate shall be added together. For purposes of determining whether the ten thousand dollar threshold for cumulative independent expenditures is reached, the independent expenditures of all such committees shall be added together. To be eligible for a ten thousand dollar increase in the ceiling, the candidate must have received 4 disclosures pursuant to subsection 0)which show either cumulative contributions of ten thousand dollars ($10,000) received by the committee or committees, or cumulative independent expenditures of ten thousand dollars ($10,000)by the committee or committees. Each subsequent ten thousand dollar increase in the ceiling must be based on amounts disclosed pursuant to subsection 0) which were not counted for purposes of any previous increase in the ceiling. (g)Notwithstanding subsections(d), (e) and (f), the amount of the voluntary expenditure ceiling shall not exceed one hundred and sixty thousand dollars ($160,000) in any event. (h) Notification by candidate who exceeds ceiling. A candidate, other than a candidate who has accepted the voluntary expenditure ceiling and has qualified to incur additional campaign expenditures as specified in subsections(d), (e) or(f), who receives aggregate contributions exceeding the amount of the expenditure ceiling specified in subsection (c) shall notify the County Clerk-election division both by 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 subsections (d), (e) or(f), who makes aggregate expenditures exceeding the amount of the expenditure ceiling specified in subsection (c) shall notify the County Clerk-election division both by 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 subsections(d), (e), or(f), who receives aggregate contributions exceeding the amount of the respective ceiling specified in subsections(d), (e), or(f) shall notify the County Clerk-election division both by 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 subsections(d), (e) or(f), who makes aggregate expenditures exceeding the amount of the respective ceiling specified in subsections (d), (e) or(f) shall notify the County Clerk-election division both by 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. (i) Notification by candidate who has not adopted voluntary expenditure ceiling. During the period which is more than twenty(20) days prior to the election, a candidate who has not adopted the voluntary expenditure ceiling shall notify the County Clerk-election division and all opponents running for the same seat, within 72 hours whenever the candidate has either received cumulative contributions,I or made cumulative expenditures of ten thousand dollars ($10,000), twenty thousand dollars($20,000), thirty thousand dollars($30,000) and so on in multiples of ten thousand. The notification shall state either that the candidate has received cumulative contributions, or has made cumulative expenditures of ten thousand dollars ($10,000) and so on in multiples of ten thousand. During the period which is twenty days or less before the election, a candidate who has not adopted the voluntary expenditure ceiling shall notify the I 5 i i C .9 County Clerk-election division and all opponents running for the same seat, within 24 hours whenever the candidate has either received cumulative contributions, or made cumulative expenditures of three thousand dollars ($3,000), six thousand dollars ($6,000), nine thousand dollars($9,000) and so on in multiples of three thousand. The notification shall state that the candidate either has received cumulative contributions, or has made cumulative contributions of three thousand dollars ($3,000) and so on in multiples of three thousand. Whenever the candidate has either received contribIutions or made expenditures in a threshold amount ($10,000 or$3,000), the candidate shall disclose the item(either contributions or expenditures) for which the threshold was reached, but not the other item. When the same threshold is reached for the item not disclosed, the candidate shall not have to disclose that item. All notifications shall be made by facsimile transmission or guaranteed overnight mail. (j) Notification by committee making independent expenditures. During the period which is more than twenty(20) days prior to the election, any committee which makes independent expenditures in support of or in opposition to any candidate for supervisorial office shall notify the County Clerk-election division and all candidates running for the same seat, within 72 hours whenever the committee Lias either received cumulative contributions, or made cumulative expenditures of ten thousand dollars ($10,000), twenty thousand dollars ($20,000), thirty thousand dollars($30,000) and so on in multiples of ten thousand. The notification shall state either that the committee has received cumulative contributions, or has made cumulative expenditures of ten thousand dollars($10,000) and so on in multiples of ten thousand. During the period which is twenty days or less before the election, a committee making independent expenditures for or against supervisorial candidates shall notify the County Clerk-election division and all candidates running for the same seat, within 24 hours whenever the committee has either received cumulative contributions, or made cumulative expenditures of three thousand dollars ($3,000), six thousand dollars ($6,000), nine thousand dollars ($9,000) and so on in multiples of three thousand dollars($3,000.). The notification shall state that the committee either has received cumulative contributions, or has made cumulative contributions of three thousand dollars ($3,000) and soon in multiples of three thousand. Whenever the committee has either received contributions or made expenditures in a threshold amount ($10,000 or $3,000), the committee shall disclose the item(either contributions or expenditures) for which the threshold was reached, but not the other item. When the same threshold is reached for the item not disclosed, the committee shall not have to disclose that item. For purposes of this subsection, "cumulative contributions" as used herein means all contributions received as to any supervisorial candidate. As used in this subsection, "cumulative expenditures" means all expenditures made as to any supervisorial candidate. All notifications shall be made by facsimile transmission or guaranteed overnight mail. (k) Exclusions. For purposes of this Article, expenditures (see California Government Code section 82025) subject to the expenditure ceiling do not include: (1) expenditures for' campaigns for other offices; (2) expenditures for campaigns fbr the office of Supervisor which occurred prior 6 to the effective date of this ordinance; (3) expenditures for office holder expenses. "Office holder expenses" means those expenditures arising out of the 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 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. (4) Repayment of debt itself during the ninety day period following the election. (1) ex Ado tion of enditurl ceilingirrevocable. A candidate who adopts the P P expenditure ceiling for a particular pprimary election, may not thereafter revoke his or her adoption of the expenditure ceiling as to that election. A candidate who is not elected to office in the primary election, enters the runoff election, and adopts the expenditure ceiling for the general election, may not thereafter revoke his or her adoption of the expenditure ceiling as to that election . I - (Ords. 96-48§ 9; 96-24; 95-47; 95-35; 95-8.) SECTION X. Section 530-2.710 is amended to read: 530-2.710 Contributions cumulated. For a single election if an individual, committee, or small contributor committee contributes at least one hundred dollars to a candidate who has adopted the voluntary expenditure ceiling specified in section 530-2.707, then the cumulative amount of any contributions to that) candidate and contributions to independent expenditure committees on behalf of that candidate, or in opposition to that candidate's opponents, made by such individual or committee shall not exceed five hundred dollars ($500), and in the case of small contributor committees shall not exceed one thousand dollars($1,000). For a single election, if an individual, committee, or small contributor committee contributes at least one hundred dollars to a candidate who has not accepted the voluntary expenditure ceiling defined in section 530-2.707, then the cumulative amount of any contributions to that candidate and contributions to independent expenditure committees on behalf of that candidate, or in opposition to that candidate's opponents, made by such individual or committee shall not exceed two hundred and fifty dollars ($250), and in the case of small contributor committees shall not exceed five hundred dollars($500.) (Ords, 96-48§10; 95-8.) SECTION XI. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, 7 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 December 10, 1996 , by the following vote: AYES: Supervisors Rogers, DeSaulnier and Smith NOES: Supervisors Bishop and Canciamilla ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR, clerk of the Board and County Administrator By: Deputy Bo d it [SEAL] A:\DEBT-1.WPD 8