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HomeMy WebLinkAboutMINUTES - 02061996 - SD8 SD. 8 TD: BOARD OF SUPERVISORS Contra FROM: SUPERVISOR GAYLE BISHOP Costa s County ` DATE: January 30, 1996 9Y�°rT�CUUN� SUBJECT: REVIEW OF THE IMPLEMENTATION OF THE CAMPAIGN REFORM ORDINANCE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: REFER to the Internal Operations Committee the responsibility to review the implementation of the Campaign Reform Ordinance and recommend any changes to the ordinance which are deemed appropriate. BACKGROUND: In 1995, the Board of Supervisors enacted a Campaign Reform Ordinance and then amended it on two occasions. There is a sense that some candidates and campaign managers find the ordinance difficult to understand and comply with. I would like to provide a forum in which, after the March 26, 1996 Primary Election, all candidates could be invited to share their experiences with the ordinance. This will also provide us an opportunity to review all of the campaign expenditure reports and determine whether the ordinance is achieving its goals, including but not limited to, reducing the amount of money that is spent on campaigns and improved financial disclosure. Therefore, I am recommending that the Campaign Reform Ordinance be referred to the Internal Operations Committee. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON FeF5ruary rj, i q9tj APPROVED AS RECOMMENDED OTHER IT IS FURTHER ORDERED BY THE BOARD that the Internal Operations Ebiiiifi tt66 is DIRECTED to include citizens organizations (such as the League of Women Voters) in this evaluation process, or organize an advisory committee to be involved in this evaluation process. VOTE OF SUPERVISORS X I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. County Administrator ATTESTED February 6, 1996 Contact: County Counsel PHIL BATCHELOR,CLERK OF THE BOARD OF cc: District Attorney SU ORS AND COUNTY ADMINISTRATO County Clerk-Recorder Assistant Registrar of Voters Internal Operations Committee (Via CAO) BY ,DE TY COUNTY � COUNTY COUNSEL'S OFFICE CONTRA COSTA TA CONTRA COSTA COUNTY VED MARTINEZ, CALIFORNIA NOV 1 5 Date: November 13 , 1995 1 OFFICE OF COUNTY AD9iWh 'TRATOR To: Stephen L. eir, County Clerk-Recorder Attn: Barba Lee, Assistant County Registrar From: Victor J. Westman, County Counsel � .A, By: Mary Ann McNett Mason, Deputy County Counsel Re: Campaign Spending Reform Ordinance The Campaign Spending Reform Ordinance which regulates elections for the office of County Supervisor and also contains provisions on campaign disclosures was adopted in Ordinance 95-8 as an amendment to the Contra Costa County Election Campaign ordinance. That ordinance was later amended by Ordinances 95-35 and 95-47 . For purposes of clarity, we have prepared a single draft of the preexisting Election Campaign Ordinance ( sections 530-2 . 2022-530-2 . 1004 ) and Ordinances 95-8, 95-35 , and 95-47 . This document integrates all operative provisions of the Election Campaign Ordinance as amended and the Campaign Spending Reform Ordinance as amended. In addition, attached are copies of the three uncodified ordinance sections applicable only to Article 530-2 . 7 "Supervisorial Campaigns . " You may want to circulate these documents to all declared candidates for the office of Supervisor. MAM: f j b attachment cc: Members , Board of Supe visors (District Offices ) County Administrator James Sepulveda, Deputy District Attorney fb5 a:\campaign.lee 1 f } I GENERAL WELFARE AND BUSINESS REGULATIONS Division 530 ELECTION CAMPAIGN Chapters: 530-2 Fair Campaigns Chapter 530-2 FAIR CAMPAIGNS Article 530-2. 2 General Sections: 530-2 . 202 Citation . 530-2 . 204 Purpose . 530-2 . 206 Definitions . 530-2 . 208 County election. 530-2 . 210 County offices . 530-2 . 212 Election cycle . 530-2 . 213 Local ballot measure . 530-2 . 214 Exemptions . 530-2 . 216 Broad based political committee . 530-2 . 218 Regulations . 530-2 . 220 Informational meeting. 530-2 . 222 Limitations on filing requirements . Article 530-2 .4 Contributions limits Sections: 530-2 . 402 Individual campaign contributions . 530-2 . 403 In-kind contribution of campaign office space. 530-2 . 404 Broad based political committees . 530-2 . 405 Return of excess contributions . 530-2 . 406 Governmental entities . 530-2 . 407 Contributions to committees making independent expenditures . Article 530-2. 6 Candidate's Fair Campaign Pledge Sections: 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 . SD .g Article 530-2.7 Supervisorial Campaigns Sections : 530-2 . 702 Application. 530-2 . 703 Individual campaign contributions . 530-2 . 704 Broad based political committee campaign contributions . 530-2 . 705 Return of excess contributions . 530-2 . 706 Limitation on personal loans . 530-2 . 707 Voluntary expenditure limits . 530-2 . 708 Separate and special election cycles . 530-2 . 709 Fair Campaign Pledge. 530-2 . 710 Contributions cumulated. Article 530-2 .8 Reporting Requirements Sections: 530-2 . 802 Candidate and committee reports . 530-2 . 804 Campaign statement. 530-2 . 806 Out-of-county committee reports . Article 530-2.9 Campaign Advertising Disclosure Sections: 530-2 . 902 Disclosure of contributors required . Article 530-2. 10 Enforcement Sections: 530-2 . 1002 Clerk and district attorney review. 530-2 . 1003 Penalties . 530-2. 1004 District attorney' s court suits . fb5 a:\election.530 I-AM CAMPAIGNS 530-2.202-530-2.218 : sheriff,tax collector and treasurer, including combi- nations thereof(e.g. clerk-recorder). (Ord. 84-9). 530-2.212 Election cycle. An "election cycle" begins July 1st or January 1st, whichever comes first immediately following an election. An elec- tion cycle ends June 30th or December 31st,which- ever comes first, immediately following the next election for the same office.(Ords. 86-27§2,849). 530-2.213 Local ballot measure."Local ballot Article 530-2.2 measure"means any proposition which is submitted General to popular vote at an election by action of the board of supervisors, or any proposition which is submit- 530-2.202 Citation.This division may be cited ted or intended to be submitted to a popular vote at as the Contra Costa County election campaign ordi- an election by initiative or referendum as provided nance. (Ord. 849). for in California Elections Code,Division 5.Chapter 2 "County Elections," Articles 1 and 2. Sections 530-2.204 Purpose.Inherent in the high cost of 3700--3755.5 or by recall procedure for a county election campaigns is the possibility and the appear- office, whether or not the proposition qualifies for ance of improper influence, veal or potential, exer- the ballot. (Ord. 92-1 § 2). cised by campaign contributors over elective offi- cials. The intent and purpose of this chapter is: to 530-2.214 Exemptions. Notwithstanding any preserve an orderly political forum in which persons other provision in this chapter, it does not apply to may express themselves effectively,to place realistic contributions placed in a controlled committee(s)of and enforceable limits on the amounts of money that an incumbent of a county office where, may be contributed to political campaigns in county (1) That incumbent designates the committee as elections; to decrease the cost of campaigns; to a committee to collect funds for purposes other than prevent improper influence over elective officials; a campaign for county office; to prevent the appearance of improper influence; to (2) Those funds are not used for any purpose broaden the base of funding for campaigns and to related to a campaign by that incumbent; and provide full and fair enforcement of all these provi- (3) Those funds are not transferred to or used for sions. (Ord. 849). any other committee controlled by that incumbent which raises or receives or spends money for the 530-2206 Definitions.Unless otherwise specif- purposes related to a campaign for a county office. ically provided (below) or required by the context, (Ord. 84-9). the words and phrases in this division have the same meanings as in the Elections Code,and in the Politi- 530-2.216 Broad based political committee_ cal Reform Act of 1974 (Government Code §§ "Broad based political committee" shall have the 81,000 ff.) and regulations adopted under Sec. same meaning as Government Code Section 85102 83112 thereof. (Ord. 84-9). (d). It means a committee within the meaning of Government Code Section 82013(a)which has been 530-2.208 County election."County election" in existence for more than six months,receives con- means any primary, general or special election, tributions from one hundred or more persons and including a recall election, held within this county acting in concert makes contributions to five or for elective county office. Each primary,general or more candidates. (Ord. 89-11). special election is a separate election for purposes of this chapter. (Ord. 84-9). 530-2.218 Regulations. The county clerk is authorized to adopt regulations to interpret and carry 530-2.210 County offices. "County office" out the provisions of Division 530 of this code. means the elective offices of members of the board (Ord. 84-9). of supervisors,assessor,auditor,county clerk,coro- ner,district attorney,public administrator,recorder, 166-9 (contra costa county 4-92) 530-2.220-530-2.602 GENERAL WELFARE AND BUSINESS REGULATIONS 530-2..220 Informational meeting.The county in this chapter, in a single county election cycle, a clerk shall invite all qualified candidates for county person or political committee may give up to five office to a meeting, in the week following the close thousand dollars in in-kind contributions of cam- of the nomination period for county office, for the paign office space and a candidate may accept one purpose of informing them of the provisions of this or more in-kind contributions of campaign office division. (Ord. 84-9). space which do not exceed an aggregate amount of five thousand dollars in value. (Ord. 92-9 § 3). 530-2.= Limitations on filing requirements. Notwithstanding any other provisions in this chapter, 530-2.404 Broad based political committees. all filing requirements found in this chapter which In any fiscal year,no broad-based political commit- am ommitare additional to or different from those set forth in tee shall make, and no candidate or campaign trea- Chapter 4 of the Political Reform Act(Government surer shall accept, any cash contribution to or for a Code Sections 84100 et seq.) shall apply only to single candidate for county office or to or for a candidates seeking election in Contra Costa County, committee authorized in writing by the candidate to their controlled committees or committees formed accept contributions for him. which will cause the primarily to support or oppose their candidacies, to total amount contributed by such broad based com- committees formed primarily to support or oppose mittee in support of that candidate during that fiscal a local ballot measure which is being voted on only year to exceed five thousand dollars, provided, in Contra Costa County.and county general purpose nevertheless, that the total aggregate amount of committees active only in Contra Costa County. contributions from all broad based political commit- which support or oppose candidates for county , tees which may be accepted by a single candidate office or the qualification of or passage of local in an election cycle shall not exceed twenty-five ballot measures which are being voted on only in thousand dollars. (Ord. 89-11). Contra Costa County.(Ords.92-9§2,92-1 § 3.86- 48). 530-2.405 Return of excess contributions. If for any reason the contribution limit set forth in Article S30-2.4 Section 530-2.402 or 530-2.404 has been ex- Contribution Limits ceeded, the candidate or campaign treasurer may within thirty days after receipt, return the excess S30-2.402 Individual campaign contribu- amount of contribution to the contributor without tions. In a single county election cycle. no person penalty. (Ord 84-9). or political committee (other than the candidate or a broad based political committee) shall make, and 530-2.406 Governmental entities. No candi- no candidate or campaign treasurer shall accept,any date or campaign treasurer shall accept any cam- contribution to or for a single candidate for county paign contribution from any governmental entity for office or to or for a committee authorized in writing any candidate for county office. (Ord. 84-9). by the candidate to accept contributions for him, which will cause the total amount contributed by such person or political committee in support of that candidate to exceed one thousand six hundred sev- enty-five dollars:provided,that in any calendar year in which the candidate-does not stand for election the maximum permitted contribution shall be limited to two hundred twenty-five dollars and in the calen- dar year in which the candidate stands for election, the maximum permitted contribution shall be five hundred dollars for the period from January 1st - f through June 30th and five hundred dollars for the period from July 1st through December 31st of that year. (Orris. 89-11 §§ 2, 3. 84-9). 530-2.403 In-kind contribution of campaign office space. Notwithstanding any other provisions 3 530-2 . 407 Contributions to committees making independent expenditures . In any county election cycle, any committee that makes more than five thousand dollars ($5,000) in independent expenditures for or against a candidate for the office of County Supervisor during the twelve months preceding the election -for that office shall not accept contributions exceeding two thousand five hundred dollars ($2,500) from a single source other than contributions from broad based political committees, which are limited to five thousand dollars ($5,000) . (Ord. 95-8 §2. ) 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 Of- fice openly and fairly. 2. I shall discuss the issues and participate in fair debate with respect to my views and qualifications. SD -I" 3. I shall not engage in, or permit, defamatory whether such candidate has agreed to observe the attacks on the character of my opponents; nor shall expenditure limit,or(b) any third party committee, I engage in unwarranted invasions of personal priva- not controlled by a candidate in the same election cy unrelated to campaign issues. provides campaign funds to either oppose the elec- 4. I shall not at any time use or permit the use tion of the candidate who voluntarily agrees to limit of any campaign material or advertisement which his campaign expenditure,or to support the election misrepresents, distorts, or otherwise falsifies the of any other candidate seeking the same office. facts regarding any candidate or the candidate's (Ord. 89-11 § 7). position on issues. 5. I shall clearly identify myself, or my cam- 530-2.604 Voluntary pledge. Each candidate paign committee(s),as the sender of all of my cam- may choose to sign or not sign the campaign pledge. paign mailings. (Ord. 849). 6. I shall personally approve in writing all of my campaign material, advertisements, or mailings, 530-2.606 Filing. Any candidate may file the prior to their use. pledge with his declaration for candidacy.(Ord. 84- 7. 47. I shall publicly repudiate support derived from 9). an individual or group whose activities would vio- late this Fair Campaign Pledge. 530-2.608 Clerk's duties. At the close of the 8. 1 shall file all campaign statements as required nomination period for county office, the county by the California Political Reform Act and the Con- clerk shall issue a general press release stating the tra Costa County Election Campaign Ordinance,on name of each candidate for county office who has, time and with full disclosure of campaign contribu- and who has not, subscribed to the pledge of fair dons and expenditures. campaign practices. (Ord. 849). 9. I shall not duplicate or use any lists of contri- butors filed by any other candidates for the purpose of compiling my own mailing lists without the permission of the other candidate. 10. I shall limit my campaign expenses in this election to no more than $150,000. 11. 1. the undersigned candidate for election to a County Office in the County of Contra Costa, hereby voluntarily endorse, subscribe to, and sol- emnly pledge myself to conduct my campaign in accordance with the above principles and practices. Date Signature Please print name, office sought and date of election. (Orris. 89-11, 849, 845). 530-2.603 Exemptions from campaign expen- diture limit. Notwithstanding Section 530-2.602 (10), any candidate who voluntarily agrees to limit his campaign expenses shall cease to be bound by the expenditure limit if (a) any other candidate seeking the same office, exceeds the one hundred _ fifty thousand dollar expenditure limit,regardless of SO• Article 530-2.7 Supervisorial Campaigns 530-2. 702 Application . (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 . (b) Ordinance Code sections 530-2 .402, 530-2.404 , 530-2 .405 and 530-2 .603 shall not apply to candidates for the office of County Supervisor. (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 chapter shall prevail as to campaigns for the office of County Supervisor. (Ord. 95-8 § 3 . ) 530-2 .703 Individual campaign contributions . (a) In a single election cycle, no person or political committee (other than the candidate or a broad based political 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 during that election\,cycle to exceed one hundred dollars ($100) , except as provided in subparagraphs (b)and (c) below. (b) For candidates , except recall candidates, who adopt the voluntary expenditure ceiling defined in section 530-2.707 , in a single county election cycle, no person or political committee (other than the candidate or a broad based political 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, which will cause the total amount contributed by that person or political committee in support of that candidate during that election cycle to exceed seven hundred .and fifty dollars ( $750 ) . (c) For recall candidates who have adopted the voluntary expenditure ceiling defined in section 530-2 . 707, the contribution limits for special elections specified in Government Code section 85305 subsection(c) (1 ) and (2 ) shall apply. (Ord. 95-8 § 3 . ) t0 530-2 . 704 Broad based political committee campaign contributions . (a) In a single election cycle, no broad based political 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 broad based political committee in support of that candidate during that election cycle to exceed two thousand five hundred dollars ($2,500 ) , except as provided in subparagraphs (b) and (c ) below. In a single election cycle, the total acareaate amount of contributions from all broad based political committees which a candidate may accept shall not exceed ten thousand dollars ($10,000) except as provided in subparagraphs (b) and (c) below. (b) For candidates, except recall candidates, who adopt the voluntary expenditure ceiling defined in section 530-2 . 707 , in a single county election cycle, no broad based political 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 broad based political committee in support of that candidate during that election cycle to exceed five thousand dollars ($5, 000) . In a single county election cycle, the total aggregate amount of contributions from all broad based political committees which a candidate adopting the voluntary expenditure ceiling may accept shall not exceed forty thousand dollars ($40, 000 ) . (c) For recall candidates who adopt the voluntary expenditure ceiling defined in section 530-2.707 , during the special election cycle for the election to replace the incumbent subject to recall, the contribution limits for special elections specified in Government Code section 85305 subsection(c) ( 3) shall apply. In a single special election cycle, the total aggregate amount of contributions from all broad based political committees which a recall candidate adopting the voluntary expenditure ceiling may accept shall not exceed forty thousand dollars ($40,000 ) (Ord. 95-8 5 3 . ) 50 530-2.705 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, other than a recall candidate, or campaign treasurer may within thirty days after receipt, return the excess amount of the contribution to the contributor without penalty. The return of excess contributions by recall candidates shall be governed by the provisions of the California Code of Regulations. (Ord. 95-8 § 3 . ) 530-2 .706 Limitation on personal loans . (a ) In a single election cycle, no candidate shall lend to his or her campaign or controlled committee any amount in excess 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, in a single election cycle, the candidate shall not lend to his or her campaign or controlled committee any amount in excess of thirty thousand dollars ($30, 000 ) . (Ord. 95-8 § 3 . ) SIO-2 .707 Voluntary P penditure 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) . 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 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. 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. ORDINANCE No. 95-47 (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 1' ($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 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. ORDINANCE NO. 95- 47 1D SD .� (f) Exclusions. For purposes of this Article, expenditures subject to the expenditure ceiling do not include: (1) expenclitures 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 . 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. (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 . ) 'r 530-2 .708 . Separate and special election cycles . (a ) There shall be separate election cycles for the primary election and for the general election, unless the candidate is elected to office in the primary election. (b) There shall be a special election cycle for the election to fill the seat of an incumbent Supervisor who is the subject of a ballot measure seeking the Supervisor' s recall. The special election cycle shall begin the date the recall measure is certified for the ballot and shall terminate the day of the special recall election. (Ord. 95-8 § 3 . ) 530-2 . 709 . Fair Campaign Pledge . For elections for the office of County Supervisor, paragraph 10 of the Fair Campaign Pledge shall read: "I shall limit my campaign expenses in each election cycle to no more than that amount permitted in Ordinance Code section 530-2 . 707 "Voluntary Expenditure Limits . " (Ord. 95-8 § 3 . ) 530-2 . 710 Contributions cumulated. In a single election cycle, if an individual, committee, or broad based political committee contributes at least one hundred dollars to a candidate, then the cumulative amount of any contributions to that candidate and contributions to independent expenditure committees on behalf of that candidate made by such individual or committee shall not exceed seven hundred and fifty dollars ($750 ) , and in the case of broad based political committees shall not exceed five thousand dollars ($5, 000 ) . (Ord. 95-8 § 3 . ) Artide 530-2.8 Reporting Requirements 530-2 . 802 Candidate and Committee reports. (a ) Each candidate, each committee supporting or opposing a candidate for county office, each committee supporting or opposing a local ballot measure which is being voted on only in Contra Costa and each county general purpose committee which supports or opposes candidates for county office or local ballot measures being voted on only in Contra Costa County, shall file a campaign statement in the County Clerk-election division office, on every date a statement is required by the Political Reform Act covering the same time period as the statement filed pursuant to state law and two additional statements. The first additional statement shall be filed by 12:00 noon on the seventh day before the election covering the period between the previous statement filed and 12:00 midnight of the eighth day before the election. The second additional statement shall be filed by 12:00 noon on the last Friday before the election covering the period between the previous statement filed and 12:00 midnight of the last Thursday before the election. These additional filings must be timely received by the filing officer and are not accomplished by deposit in the mail . These statements shall include, in addition to all matters required by this section, the same disclosures required for the last campaign statement before the election by the Political Reform Act. (b) Each committee supporting or opposing thequalification of a local ballot measure to be voted on only in Contra- Costa County shall file in the County Clerk-election division office a statement of organization and a campaign statement on every date such statements are required by the Political Reform Act covering the same time period as the statement filed pursuant to state law, and additional campaign statements on the fifth day after filing the statement of organization and the fifth day of every month thereafter until petitions are filed or the deadline for filing petitions, whichever is earlier. The closing date for the period covered by an additional campaign statement shall be five days prior to the deadline for filing the statement. �3 (c) In addition to campaign statements, each candidate, each county general purpose committee, and each committee supporting or opposing a candidate for county office or the qualification or passage of a local ballot measure which is being voted on only in Contra Costa County, which makes independent expenditures for or against any candidate for county office or for or against the qualification of , or passage of any local ballot measure, shall file an independent expenditure report in the County Clerk- election division office, on every date a report is required by the Political Reform Act covering the same time period as the report filed pursuant to state law, and two additional reports . The first additional report shall be filed by 12:.00 noon on the seventh day before the election covering the period between the previous report filed and 12:00 midnight of the eighth day before the election. The second additional report shall be .filed by 12:00 noon on the last Friday before the election covering the period between the previous report filed and 12: 00 midnight of the last Thursday before the election. These filings must be timely received by the filing officer and are not accomplished by deposit in the mail . Each independent expenditure report shall contain the same disclosures required by Government Code Section 84203.5 (b) . (Ords . 95-8 S 4 ; 92-9, 92-1 , 91-10, 84-14, 84-9 . ) 530-2 . 804 Campaign Statement. Each county .campaign statement required to be filed by candidates for county office, county general purpose committees, committees supporting or opposing a candidate for county office, or committees supporting or opposing the qualification of, or passage of, a local ballot measure which is being voted on only in Contra Costa County shall contain: (1 ) (a ) the total amount of all contributions received during the period covered by the campaign statement that equaled twenty- five dollars, or more, and (b) the total of all contributions of less than that amount. ( 2 ) If the cumulative amount of contributions during the election cycle from a person is more than twenty-five dollars and less than one hundred dollars and a contribution has been received from that person during the period covered by the campaign statement, the statement shall include the date, amount, and type of each contribution, such as monetary or nonmonetary (in-kind contribution) . In the case of in-kind 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 during the election cycle from a person is one hundred dollars or more and' contribution 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 Section 84211 subsections (f ) , (r) , and (u) . (4 ) The statement shall contain the same disclosures of expenditures required by Government Code section 84211 subsections (b) , (h) , (i ) , ( j ) , (m) , (s ) , (t) , and (v) . (5 ) Candidates and committees need not duplicate any reports of contributions, loans, or expenditures required by state law but may certify that reports made pursuant to this section are in addition to those made pursuant to state law. ( 6 ) In the case of campaign statements filed by a committee, other than a candidate controlled committee, the statement shall -contain the full name, and street address of any person or persons who direct or control the contributions or expenditures made by the committee. (Ords . 95-8 S 5, 92-9, 92-1 , 91-10, 84-9 . ) 530-2 . 806 Out-of-county committee reports . Committees domiciled outside this county which make independent expenditures or contributions for or against any candidate for county office, or for or against the qualification of, or passage of any local ballot measure which is being voted upon only in Contra Costa County shall file a report with the county clerk's elections division, in the time and manner required by Government Code Sections 84200 ff. and section 530-2. 804, subsection ( 6 ) for committees domiciled in this county which either support or oppose a candidate for county office or support or oppose a local ballot measure which is being voted on only in this county. (Ords . 95-8 S 6, 92-1, 91-10, 84-9 . ) Sb Article 530-2 . 09 Campaign Campaign Advertising Disclosure 530-2 . 902 Disclosure of contributors Disclosure of contributors required . Any committee that makes, during the calendar year in which the ,election is held, more than five thousand dollars ($5, 000 . ) in independent expenditures for or against a candidate for county office or for or against the qualification of, or passage of a local ballot measure being voted on only in this county shall list the following information in a clear and legible manner on the bottom one-third of the front page of any mass mailing sent by the committee in the election for which the independent expenditures were made. (1 ) The names and occupations of individuals and the names and business interests of non-individuals, of the five largest contributors to the committee during the twelve months preceding the most recently passed campaign reporting period listed in order of the amount of contributions (except that no contributor with cumulative contributions of two hundred fifty dollars ($250 ) or less need be listed) . The disclosure shall read: "Major funding by: (name and occupation or business interest) " . In the case of contributions from committees, the disclosure shall read: "Major funding by: (name of committee) ; Expenditures directed by: (name and occupation or business interest of persons or non- individuals who direct or control the expenditures of the committee) " ; and (2) If the committee has received at least one third of its total contributions during the twelve months preceding the most recently passed campaign reporting period from large out-of- county contributor(s ) , the disclosure shall state "Major funding from large out-of-county contributors . " "Large out-of-county contributors" means a) those contributors who either are not residents of the county or do not have a principal place of business in the county and b) whose cumulative contributions to the committee are $500 or more for the twelve month period preceding the most recently passed campaign reporting period. (3) This section does not apply to communications from an organization to its members . (Ord. 95-8 § 7 . ) 1� Article 530-2.10 5 D Enforcement 530-2.1002 Clerk and district attorney re- view.(a) In addition to other duties required by law, the county clerk shall monitor all statements(except those of candidates for his office or committees supporting or opposing 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 (4) Determine if any reported contributions ex- ceed the allowable maximums established by this chapter. (b) The district attorney shall monitor all state- ments of candidates for the office of county clerk, and all statements of committees supporting or opposing candidates for the office of county clerk, as set forth in subsection (a). (c) If the county clerk, in the course of monitor- ing statements as required by subsection(a), deter- mines there has been an apparent violation,he shall notify the candidate or committee. If the district attorney, in the course of monitoring statements of candidates for the office of county clerk,or commit- tees supporting or opposing candidates for the office of county clerk as required by subsections (a) and (b) above, determines there has been an apparent violation,he shall notify the candidate or committee. (d) The candidate or committee shall be allowed to correct any reports within five days after notice. (e) The county cleric shall report to the district attorney any apparent violations of this chapter which have not been corrected by the candidate or committee. (f) The county clerk and district attorney shall each compile and maintain for five years a current list of statements or parts of statements which he is required to monitor. Each list shall be indexed by the candidate's or committee's name. (g) The county clerk shall make recommenda- tions to the.board of supervisors on additional pen- alty provisions. (Ords. 91-10 § 5, 84-15, 84-9). 530-2.1003 Penalties. Pursuant to Section 51- 4.404, every violation of this division is a misde- meanor and punishable as such, except that failure to file a timely report as required by Section 530- 2.802 is an infraction punishable by a fine of one - hundred dollars. (Ords. 84-51, 84-13, 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 appro- priate legal action. (Ord. 84-9). 1 �- SbL7 UNCODIFIED SECTION IV, EFFECT OF CONTRIBUT1014 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 l c UNCODIFIED SECTION III . EFFECT OF CONTRIBUTION OR LOAN OF MONEY AFTER MAY 25 , 1995 . It is the Board of Supervisors' intent that if a candidate accepts a contribution after May 25, 1995 for an election occurring after that date from either an individual contributor or a broad based political committee, and thereafter files the statement adopting the voluntary expenditure ceiling, during the remainder of the election cycle for that election such candidate may accept from the same contributor or committee no more than an amount which when combined with the earlier contribution will not exceed the maximum amount specified in section 530-2 . 703 (b) or 530-2. 704 (b) respectively. If after May 25, 1995 such candidate loans money to his or her campaign for an election occurring after that date and then adopts the voluntary expenditure ceiling, during the remainder of the election cycle for that election, such candidate may loan his or her campaign no more than an amount which when combined with the earlier loan will not exceed the maximum amount specified in section 530-2 . 706 (b) . ORDINANCE NO. 95- 35 2 SI `V UNCODIFIED SECTION III. REVOCATION OF ADOPTION OF VOLUNTARY EXPENDITURE CF_.ILING= 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 rin 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 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. ORDINANCE NO. 95-47