HomeMy WebLinkAboutMINUTES - 07171990 - 2.5 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on July 17, 1990 , by the following vote:
AYES: Supervisors Schroder, Torlakson, Fanden
NOES: None
ABSENT: Supervisors Powers, McPeak
ABSTAIN: None
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SUBJECT: Ballot Measures Campaign Statement Requirements
The Board received the attached report dated July 9,
1990 from Victor J. Westman, County Counsel, relative to campaign
reporting requirements applicable to committees which support or
oppose local ballot measures.
After discussion by Board members, IT IS ORDERED that
the matter is REFERRED to the Internal Operations Committee
(Supervisors McPeak and Powers) for further review of campaign
reporting requirements.
I hereby certify that this is a true and correct copy of
CC. Internal Operations Committee an action taken and entered on the minutes of the
• C. Van Marter, CAO Board of Supe rs on the date shown.
County Counsel ATTESTED: /7 29'0
Count Administrator PHIL TCH R, c;;erk ntyA the Board
Y of Supervisors and County Administrator
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COUNTY COUNSEL'S OFF/CE
CONTRA COSTA COUNTY
MARTINEZ, CALIFORNIA
Date: July 9 , 1990
To: Board of Supervisors
From: Victor J. Westman, County Counsel /
By: Arthur W. Walenta, Assistant County Counsel
Re: Campaign Statement Requirements re Ballot Measures
For your information and review this office has prepared the
following discussion of basic campaign reporting requirements
applicable to committees which support or oppose local ballot
measures .
A. State Requirements
A local ballot measure is a 'measure' under the Political Reform
Act (Government Code section 82043 (all statutory references herein
are to the Government Code] ) . A committee formed to support or
oppose a local county ballot measure which receives $1000 or more in
contributions within a calendar year must file a statement of
organization within 10 days of such receipt, with the Secretary of
State and the County Clerk (section 84101) . A committee formed
primarily to support or oppose the qualification of a local ballot
measure is required to file semiannual statements under section
84200, but not until after the filing date for campaign statements
required by section 84200 .5(f ) .
Section 84200 .5(f) requires that committees formed primarily to
support or oppose the qualification of a ballot measure shall file a
campaign statement 21 days after the petitions are filed or 21 days
after the deadline for filing petitions, whichever is earlier.
If a measure qualifies for the ballot, committees formed
primarily to support or oppose the measure shall also - file
preelection statements as provided in section 84200 . 7 . (Section
84200 . 5(b) ) .
Additional special statements and reports, including late
contribution reports, are also required (section 84200 . 6 ) .
The campaign statements of committees formed to primarily support
or oppose local county measures shall be filed with the County Clerk.
(Section 84215(d) ) .
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Board of Supervisors -2- July 9, 1990
Semiannual statements shall be filed no later than July 31 for
the period ending June 30 and January 31 for the period ending
December 31 (section 84200) .
Preelection statements for the November election period shall be
filed no later than October 5 for the period ending September 30, and
for the period ending 17 days before the election, shall be filed no
later than 12 days before the election (section 84200 . 7 (b) ) .
The State Campaign Disclosure requirements for committees formed
to support or oppose the qualification or passage of ballot measures
are detailed in Campaign Disclosure Information Manual D ( 1990)
published by the Fair Political Practices Commission.
B. Local Requirements
The Contra Costa County Election Campaign Ordinance (Ordinance
Code sections 530-2. 202 et. seq. ) does not require local campaign
statements on the part of committees supporting or opposing local
ballot measures . The substantive requirements of the ordinance are
limited to candidates for county offices and committees supporting or
opposing such candidates . Ordinance Code section 530-2 . 222 mentions
committees formed primarily to support or oppose a local ballot
measure in Contra Costa County. But section 530-2 . 222 does not
impose reporting requirements . The function of that ordinance
provision is to conform the Ordinance Code to the requirements of
Government Code section 81009 .5 (County Counsel memorandum dated
February 26, 1986 from Elizabeth B. Hearey to Lon Underwood) .
Government Code section 81009 .5 limits the additional filing
requirements which local agencies may enact, and the Ordinance Code
provision (Ord. 86-48) was drafted to implement the full authority
granted by the statute, even though the County Election Campaign
Ordinance does not otherwise cover committees supporting or opposing
local ballot measures .
Government Code section 81009 .5(b) prohibits local filing
requirements except as expressly authorized in that statute:
" (b) Notwithstanding the provisions of Section
81013, no local government agency shall enact any
ordinance imposing filing requirements additional to
or different from those set forth in Chapter 4 for
elections held in its jurisdiction unless the
additional or different filing requirements apply
only to the candidates seeking election in that
jurisdiction, their controlled committees or
committees formed or existing primarily to support or
oppose their candidacies, and to committees formed or
existing primarily to support or oppose a candidate
or local ballot measure which is being voted only in
Board of Supervisors -3- July 9, 1990
that jurisdiction, and to city or county general
purpose committees active only in that city or
county, respectively. " (Government Code §
81009 .5(b) ) .
The statute permits local filing requirements applicable to
committees formed to support or oppose local ballot measures, and the
Contra Costa County Ordinance could be amended accordingly. But as
to committees formed to support or oppose the ctualification of ballot
measures, the law applicable to qualification of state measures also
governs at the local level, and under section 81009 .5 the county may
not enact additional requirements . The campaign disclosure.
statements of committees supporting or opposing the qualification of
ballot measures are regulated solely by Government Code sections
84200 (a) (4 ) and 84200.5(f) .
AWW:fjb
cc: Phil Batchelor, County Administrator.
FB-5 a:\aww\memos\BdSup.Req