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HomeMy WebLinkAboutMINUTES - 04131999 - D3 TO: BOARD OF SUPERVISORS IOC-01 Contra FROM: ,a INTERNAL OPERATIONS COMMITTEE ��„ .�.. � Costa County SATE: March 22, 1999 s> � SUBJECT: PROPOSED AMENDMENTS TO THE ELECTION CAMPAIGN ORDINANCE SPECIFIC REO€1EST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. Limits on Contributions for Officeholder Expenses AGREE to emend the Ordinance to increase the contribution limit of$750 for candidates who accept the voluntary expenditure limit by an amount the Board should determine in order to allow sufficient funds for officeholder expenses. DETERMINE by what amount the contribution limit should be increased. 2. Time Period for an Election Amend the Ordinance to use the term "election cycle" rather than "election", so that the timeframe for acceptance of contributions will be clear. (If the candidate is elected to office in the March primary election or in a June primary election, e.g., the March 2000 election, the next elution cycle would begin duly 1 , 2000 and end June 30, 2004. If the candidate is not elected in the primary and stands for a runoff election in November 2000, the election cycle for the runoff is from July 1,2000 through December 31,2000. The next election cycle for the candidate elected in November would be January 1, 2001 through .lune 30, 2004.) CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COU�TYADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE VE - ER a A�LIStGNATt)RE s . � LKEMA JC?HN (`z1OlA ACTION OF BOARD ON A7ril 13, APPROVED A COMMENDED OTHER XX IT IS BY THE BOARD ORDERED that consideration of the above matter is CONTINUED to May 4 , 1999 . (No vote was taken) VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE " UNANIMOUS(ASSENT - 3 AND CORRECT COPY OF AN ACTION TAKEN AYES:—. NOES: AND ENTERED ON THE MINUTES OF THE BOARD NT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Contact: g my Admin' a#Of ATTESTED A p r i 1 3? 1999 Contact: Dis#riG # ey PHIL SATCHE_OR,CLERK OF THE BOARD OF cc: Coo , ie ecorder SUPERVISORS AND COUNTY ADMINISTRATOR his#an#Regis of Vo#ersz ; County Counsel �`; { DEPUTY IOC-01 3. Time for Filing Statement Accepting Voluntary Expenditure Limit Amend the Ordinance to make the time for filing the candidate's statement accepting the voluntary expenditure limit run from the first date of the election cycle to the deadline for filing the declaration of candidacy. 4. Amount of the Voluntary Expenditure Ceiling. Amend the Ordinance to provide that the $80,000 ceiling is adjusted effective January 1, 2000 and annually thereafter during the month of January by the County Clerk to reflect changes in the Consumer Price Index(CPI)for the San Francisco/Oakland Consumer Price Index for Urban Wage Earners and Clerical Workers for the prior year. 5, Allow small contributions from persons whose "Principal Place of Business" is in the District to Count Toward the Amount Necessary to Qua li for the Increase in the Expenditure Ceiling Based on Receipt of Small Contributions from Individuals within the District Amend the Ordinance to allow a contribution from a person to be counted toward the small contributor increase in the expenditure ceiling if the person's principal place of business or residence is in the district and define "person" as it is defined in the Political Reform Act. 6. Require a Special Report and Verification that the Candidate is Eligible for the Increase in the Expenditure Ceiling Based on Receipt of Small Contributions from Individuals within the District Amend the Ordinance to require that candidates file a special report on small contributors with the County Clerk and that the County Clerk review the report and approve the increase in the ceiling before the candidate is entitled to the small contributor increase in the voluntary expenditure ceiling. 7. Increase in the Expenditure Ceiling Based on Receipt of Small Contributions from Individuals within the District Amend the Ordinance to increase from $10,000 to $20,000 the amount the expenditure ceiling is increased where at least 20% (presently$16,000)of the voluntary expenditure ceiling amount is received in amounts of $100 or less from individuals who reside(orwhose principal place of business)is within the district. 8. Limit on Contributions from Broad Based Political Committees --Candidate Does Not Accept the Voluntary Expenditure Limits Amend Section 530-2.704 (a) of the Ordinance to reduce from $2,500 to $1,250 the contributions limit from a broad based political committee for a candidate who does not accept the voluntary expenditure limit. The total amount which can be accepted from all such committees would remain at $10,000. -2- IOC-01 9. Limit onntributions from Broad Based Political _Committees - Candidate Does Accept the Voluntary Expenditure Limits Amend Section 530-2.704 (b) to reduce the contributions a candidate who does accept the voluntary expenditure limit can accept from a broad based political committee from $5,000 to $2,500 (twice what a candidate who does not accept the voluntary expenditure limit can accept). The total amount which can be accepted from all such committees would also be reduced from $40,000 to $20,000 (twice what a candidate who does not accept the voluntary expenditure limit can accept). 10. Exclusion for Repayment of Debt Amend the Ordinance to modify the existing exclusion from the voluntary expenditure limit for expenditures made to repay a debt for prior campaigns. BACKGRgL Nt a Our Committee met twice on this subject,first on February 8, 1999 to outline a series of areas in which we wanted some additional research and comments from the County Counsel's Office and then on March 22, 1999 to review each of these areas, receive comments from interested parties and provide instructions to the County Counsel's Office for the preparation of an ordinance. What you have before you today is a proposed Ordinance which addresses each of the points outlined above. We are not recommending that the Ordinance be introduced today, primarily because of Recommendation #1, which needs to have a dollar amount inserted. Once the Board agrees on an amount which should be inserted and assuming the majority of the 'Board is prepared to adopt such an Ordinance, we can then have the final form of the Ordinance returned to the Board on April 20, 1999 for introduction and then on April 27, 1999 for adoption, meaning the Ordinance would become effective on or about May 27, 1999. Specifically in regard to Recommendation#1,we discussed three options that could be used to offset officeholder expenses; c Increase the contribution limit for candidates who accept the voluntary expenditure limit by some amount to be determined by the Board (such as from $750 to $1,000 or $1,250). or • Simply designate that the first $10,000 of all contributions received by a candidate shall be for officeholder expenses. or a Require a segregated accounting system to separate and keep track of contributions for office holder expenses and campaign contributions and expenditures, since under State law a candidate can have only one bank account for both types of contributions and expenditures. Our preference and recommended course of action is to increase the maximum contribution limit by some amount agreed to by the Board. -3- Office of`the County Counsel Contra Costa County 651 Pine Street, 9th Floor Phone: (925)335-1800 Martinez, CA 34553 Fax:(925)646-1078 Date: April 7, 1999 To: Board of Supervisors From: Victor J. Westman, County Counsel 41 By: Mary Ann McNett Mason, Deputy County Counsel ., Re: Modifications to the Election Campaign Ordinance As requested by the Internal Operations Committee at its meeting of March 22, 1999, this office has prepared a draft ordinance which would amend division 530, Election Campaign, Article 530-2.7, Supervisorial Campaigns. In the attached draft ordinance, deletions are shown by strikeett and additions are shown by re litid". Campaign committees and campaign bank accounts The Internal Operations Committee asked whether a candidate can keep the same campaign committee and the same bank account from election to election for the same office. On April 1, 1999, we spoke with staff in the Technical Assistance Division of the Fair Political Practices Commission about these matters. We were advised that a candidate can keep the same campaign committee from election to election. A committee is tied to a person,not to a specific election. A candidate can use the same bank account for a subsequent election, if on Form 502 he or she redesignates the bank account for the subsequent election. If a candidate does not redesignate the account, the candidate must open a new account for a subsequent election. Monies in the campaign bank account shall be spent only on expenses associated with the candidate's election to the specific elective office designated in the statement of intention and expenses associated with holding that office. (Gov. Code, § 89510; 2 Cal.Code.Regs., § 18524 (a).) A candidate can maintain two bank accounts only if the candidate declares that he or she is raising funds for a subsequent campaign for the same office or a campaign for a different office and designates the second account for that new campaign. Imposition of contribution and loan limits per `election cycle Sections 530-2.703, 530-2.704, 530-2.706, 530-2.707, 530-2.708, In 1997, consistent with Proposition 208, contribution and personal loan limits for supervisorial elections were imposed on a `per election' basis. (Ord. Code §§ 530-2.703, 530-2.704, 530-2.706, 530- 2.708.) Proposition 208 provided the time period in which contributions could be made for each election. (See Gov. Cade, § 85305.) However, enforcement of Proposition 208 has been enjoined. (California Prolife Council Political Action Committee, et. al. v. Scully,v F.2d. (9"Cir. 1999) 1999 Daily Journal D.A.R. 171.) The time period for an `election' is not otherwise defined in the ordinance. To clarify the time period for contributions and personal Board of Supervisors April 7, 1999 Page 2 loans for each `election,' Ordinance Code sections 530-2.703, 530-2.704, 530 -2.706, 5301-2.707, and 530-2.708 would be amended to refer to contribution and personal loan limits per `election cycle' rather than per 'election.' `Election cycle' already is defined in the ordinance. An `election cycle' begins July 1"or January 1 st, whichever comes first immediately following an election. An election cycle ends June 301 or December 31St, whichever comes first, immediately following the next electron for the same office. (Ord. Code § 530-2.212.) Modification of contribution limits for individuals Section 530-2.703 `Individual campaign contributions.' This section provides that for an election a candidate who does not adopt the voluntary expenditure ceiling may accept contributions of up to $100 per person. A candidate who does adopt the voluntary expenditure ceiling may accept contributions of up to $750 per person. (Ord. Code § 530-2.703 (a), (b).) Until such time as a candidate files the statement adopting the voluntary expenditure ceiling, the candidate only may accept contributions of$100 or less. A candidate can file the statement adopting the voluntary expenditure ceiling no earlier than that date which is twelve months before the date of the primary election for the office. (Ord. Code § 530-2.707 (b). See discussion below of a proposal to change the time frame for filing the statement adopting the voluntary to the first day of the election cycle, thereby increasing the time period in which candidates can accept contributions at the higher level.) Once the candidate files the statement adopting the ceiling,the candidate can accept additional monies from the same contributors uta to the $750 maximum. (Ord. Code § 530-2.707 (a).) This section would be amended to change the contribution limit applicable to a candidate who adopts the voluntary expenditure ceiling. If the Board desires this modification, this office will prepare a draft ordinance which incorporates the revised contribution limit as identified by the Board. Modification of contribution limits for broad based political committees Section 530-2.704 "Broad based political committee campaign contributions." Currently, the section permits a broad based political committee to contribute up to $2,500 to a candidate who does not accept the voluntary expenditure ceiling. Such a candidate cannot accept more than the aggregate amount of$10,0100 from all broad based political committees. This section would be modified to provide that for an election cycle, a broad based political committee can contribute up to $1,250 to a candidate who does not accept the voluntary expenditure ceiling. The aggregate limit would remain the same. At present, a candidate who adopts the voluntary expenditure ceiling can accept contributions of up to $5,000 from each broad based political committee. Such candidates may not accept more than the aggregate amount of$40,000 from all broad based political committees. This section would be further modified to provide that for an election cycle, a broad Board of Supervisors April 7, 1999 Page 3 based political committee could contribute up to $2,500 to a candidate who accepted the voluntary expenditure ceiling. Such candidates would not be able to accept more than the aggregate amount of$20,000 from all broad based political committees. Modifications to section 530-2.707 "Voluntary expenditure limits. " Section 530-2.707 (b) Time for filing statement adapting expenditure ceiling. Currently, a candidate can file a statement adopting the voluntary expenditure ceiling at any time after that date which is twelve months before the date of the primary election for the office and until the candidate files his or her declaration of candidacy. (Ord. Code § 530-2.707 (b).) Once the statement is filed, the candidate can accept contributions at the higher contribution level. (Ord. Code §§ 530-2.703, 530-2.704, 530-2.707 (a).) This subsection would be amended to specify that a candidate may file a statement adopting the voluntary expenditure ceiling on the first day of the election cycle and until such time as the candidate files his or her declaration of candidacy. If this modification were made, there would be a longer period in which candidates would be able to accept contributions at the higher level. Section 530-2.707 (c)Amount of expenditure ceiling. The amount of the voluntary expenditure oiling is $80,000 per election. (Ord. Code § 530-2.707 (c).) This subsection would be amended to specify that effective January 1, 2000 and annually January 1, thereafter, the voluntary expenditure ceiling would increase by the same percentage as the percentage increase in the San Francisco\Oakland Consumer Price Index for Urban gage Earners and Clerical Workers. As modified, the subsection would require that in January of each year, the County Clerk must post the amount of the voluntary expenditure ceiling as adjusted and the amount which is twenty percent of that adjusted ceiling. Section 530-2.707 (d) Increase in ceiling(small contributions from individuals). This subsection currently provides that if a supervisorial candidate adopts the voluntary expenditure ceiling and raises twenty percent of the amount of that ceiling in contributions of $100 or less from individuals who reside in the supervisorial district in which the candidate stands for election, the candidate may incur$10,000 in campaign expenditures in excess of the voluntary expenditure ceiling. The subsection does not require that a candidate file a separate report to establish that the candidate qualifies for the `small contributor' increase in the voluntary expenditure ceiling and does not provide for official monitoring of campaign statements to ensure that a candidate has qualified for the `small contributor' increase, i.e., a determination that the contributions claimed are from individuals, that those individuals reside in the supervisorial district, that no individual has contributed more than $100, and that together the contributions total twenty percent of the ceiling($16,000.) The subsection would be amended to specify that a candidate who qualifies for the `small contributor' increase in the ceiling may incur an additional $20,000, rather than the current$10,000, in campaign expenditures. Board of Supervisors April 7, 1999 Page 4 The subsection would be amended to apply to contributions from `persons' who reside in and\or who do business in the supervisorial district in which the candidate stands for election. As specified in the Political Reform Act, `person' would mean an individual, proprietorship, firm, partnership,joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, and any other organization or group of persons acting in concert. (See Gov. Code, § 82047.) The proposed amendment would provide that to establish eligibility for the `small contributor' increase in the voluntary expenditure ceiling, a candidate would have to file a special small contributor report with the County Clerk. The report would specify the name and address of each small contributor, whether the contributor resides in or has a principal place of business in the supervisorial district, and the date, amount and type of each contribution. Thereafter, the County Clerk would review the report and compare it to the candidate's previously filed campaign statements. The Clerk would have to verify that each listed small contributor resides or has his principal place of business in the district and has not contributed more than$1 00 to the candidate during the election cycle, and that taken together, all of the eligible reported small contributions total at least twenty percent of the amount of the voluntary expenditure ceiling. Upon verifying these items, the County Clerk would notify the candidate in writing that he or she has qualified for the `small contributor' increase in the voluntary expenditure ceiling. The subsection would provide that only a candidate who has received such notice from the County Clerk would be entitled to the `small contributor' increase in the ceiling. At present,when completing a county campaign statement, a candidate need not report specific information about persons donating less than$25. (Ord. Code § 530-2.804.) For purposes of monitoring compliance with eligibility requirements, the Board may want to specify a time frame in which the small contributor report must be filed. One possibility would be to require that a candidate who wants to qualify for the `small contributor' increase must file a 'small contributor' report each time that he or she files a semiannual campaign statement(Form 490) and a final report at the time the candidate believes that he or she qualifies for the increase. Section 530-2.707 (k) Exclusions. Currently, this subsection provides that repayment of debt during the ninety day period following an election does not count toward the expenditure ceiling. (Ord. Code § 530-2.707 (k) (4).) The 90 day time period is consistent with the time for repayment of debt allowed in Proposition 208. (See Gov. Code, § 85305 (c).) This subsection would be amended to provide that a candidate's repayment of debt for expenditures made during a prior supervisorial campaign would not count toward the voluntary expenditure ceiling. This exclusion would be included only for purposes of clarification. Government Code section 82025 provides that an expenditure includes an enforceable promise to make a payment, e.g. a contract. An expenditure is made on the date a payment is made or on the date consideration, if any, is received, whichever is earlier. (Gov. Code, § 82025.) Thus, Board of Supervisors April 7, 1994 Wage 5 when a candidate contracts for supplies and receives the supplies during an election cycle,he makes an expenditure in that cycle. The candidate does not make anexpenditure when he or she renders payment for the supplies in a subsequent cycle. MA.M\am attachment cc: County Clerk District Attorney Attn: Jim Sepulveda,Deputy District Attorney HAGROUPST'L0'MAN,\BOS4.99.`N?D ORDINANCE NO. 99- (Amendments to Division 530 Election Campaign) 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 Division 530, Election Campaign, sections 530-2.703, 530-2.704, 530-2.706, 530-2.707, and 530-2.708 to provide that contribution limits are imposed per election cycle for supervisorial campaigns. This ordinance modifies the campaign contribution limits for supervisorial campaigns, the time period in which a supervisorial candidate can file a statement adopting the voluntary expenditure ceiling, and the exclusion from the expenditure ceiling for the repayment of debt. This ordinance provides for annual adjustment of the voluntary expenditure ceiling based on changes in CPI and adds requirements for establishing eligibility to receive an increase in the voluntary expenditure ceiling based on small contributions from persons residing or doing business in the supervisorial district and changes the amount of that increase in the ceiling. SECTION II. Section 530-2.703 is amended to read. 530-2.703 Individual campaign contributions. (a) For 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 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 cycle, no person or 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 for that election to exceed se-Ven Ittutdred - fifty daHars ($759. (Orris. 99- , § 2, 98-6, 96-48, 95-8.) 1 SECTION III. Section 534-2.704 is amended to read: 530-2.704 Broad based political committee campaign contributions. (a) For 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 for that election to exceed one thousand two hundred and fifty dollars ($1:,250), except as provided in subparagraph(b). For a single election,the total aggregate amount of contributions from all broad based political committees which a candidate may accept shall not exceed ten thousand dollars($1.0,000), 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 cycle, no broad based political committee shall mare 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 for that election to exceed five thettsand dollars (fir;-00"Two thousand five hundred dollars($2,500.) For a single election,the total aggregate amount of contributions from all broad based political committees which a candidate may accept shall not exceed ,000. twenty thousand dollars ($20,000:) (Orris. 99- § 3, 98-6, 96-48, 95-8.) SECTION IV. Section 530-2.706 is amended to read: 530-2.706 Limitation on personal loans. For a single county election cycle, no candidate shall lend to his or her campaign or controlled committee any amount in excess of twenty thousand dollars ($.20,000.) (Orris. 99- § 4, 98-6, 96-48, 95-8.) SECTION V. Section 530-2.707 is amended to read: 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). Before accepting any contributions within the amounts specified in sections 530-2.703, subsection (b), and 530-2.704, subsection(b), a candidate for a primary, general, or recall election roust 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. 2 (b) Time for filing statement adapting expenditure ceiling. The statement may be filed by a candidate, other than a recall candidate, at my time after that date g y� l r y cycle menths cyc -ore the- -'®f+e primary a j{�.`{iott forthe o 34�L on the first day of the election le 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 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. For an election cycle, candidates who agree to accept the voluntary expenditure ceiling shall not incur campaign expenditures exceeding eft thett5and dollars($89,000) the amount of the voluntary expenditure ceiling, except as set forth in subsections (d), (e) and(f)below. The amount of the voluntary expenditure ceiling is eighty thousand dollars($80,000). Effective January 1, 2000, and annually January 1°, thereafter,the amount of the voluntary expenditure ceiling shall be increased by the same percentage as the percentage increase in the San Francisco\Oakland Consumer Price Index for Urban Wage Earners and Clerical Workers forth(,-prior year. Each January,the County Clerk shall post the amount of the voluntary expenditure ceiling as adjusted and the amount which is twenty percent of that adjusted ceiling. (d)Increase in ceiling (small contributions froin individuals). (1)For an election cycle, a candidate who accepts the voluntary expenditure ceiling and who raises twenty percent of the amount of that ceiling, adjusted as provided in subsection(c), in contributions of one hundred dollars ($100) or less from 4n4ivideftit- persons who reside in and\or who have their principal place of business-re4diftg in the supervisorial district in which the candidate stands for election, may incur , twenty thousand dollars ($20,000) in campaign expenditures in addition to that amount permitted in subsection (c). (2) `Person' means an individual, proprietorship, firm,partnership,joint venture, syndicate,business trust,company,corporation, limited liability company, association, committee; and any other organization or group of persons acting in concert. ( ) To establish eligibility for this increase in the voluntary expenditure ceiling, a candidate must file a small contributor report in the county clerk-election division office. The report shall specify the name and address of each small contributor,whether the small contributor resides in or has his or her principal place of business'in the supervisorial district,and the date,amount and type of each contribution, such as monetary or nonmonetary(in-kind contribution). The County Clerk shall review the report and all campaign statements filed by the candidate to verify 1)that the listed small contributors reside or have their principal place of business in the supervisorial district in which the candidate stands for election,2)that no listed small contributor has contributed more than$100 to the candidate during the election cycle, and 3)that in the aggregate all of the eligible reported small contributions total twenty percent of the mount of the voluntary expenditure ceiling. If the County Clerk verifies each cif these items,he shall notify the candidate in writing that the candidate has qualified for the increase in the 3 voluntary expenditure ceiling specified in this subsection. Only a candidate who has received such written notice frorn the County Clerk shall be entitled to make additional campaign expenditures as specified in subsection(a) above. (e) Candidate whose opponent does not adapt ceiling. For an election cycle, 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 oiling specified in subsection(c) shall increase by five thousand dollars($5,000)each time an opponent not accepting the ceiling makes cumulative expenditures of five thousand dollars($5,000.) To be eligible for a five thousand dollar increase in the ceiling, the candidate must have received disclosures pursuant to subsection(i)which show cumulative expenditures of five thousand dollars($5,000)by such opponent. 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 expenditures against candidate or on behalf of candidate's opponent. For an election cycle, for a candidate who accepts the voluntary expenditure ceiling, the amount of the voluntary expenditure ceiling specified in subsection(c) shall increase by five thousand dollars ($5,000) each time a committee which makes such independent expenditures in the cumulative amount of five thousand dollars ($5,000). To be eligible for a,five thousand dollar increase in the ceiling,the candidate must have received disclosures pursuant to subsection 0)which show cumulative independent expenditures of five thousand dollars($5,000) by the committee in opposition to the candidate or in support of the candidate's opponent(s). Example: Candidate receives disclosure of committee's independent expenditure of$1,000 to oppose the candidate and disclosure of committee's independent expenditure of$2,000 to support candidate's opponent A and disclosure of committee's independent expenditure of$2,000 to support candidate's opponent E. Each subsequent five 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)Maximum. For a candidate who qualifies for an increase in the ceiling under subsection(d) only, the amount of the voluntary expenditure ceiling shall not exceedttitiety the amount of the voluntary expenditure ceiling specified in subsection(c)iabove,adjusted. as provided therein,plus twenty thousand dollars($20,000) in any event. For a candidate who qualifies for increases in the ceiling under subsection(e) or subsection(f)or both, or under subsection(d) and subsection(e) and/or subsection(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 4 candidate who has accented 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 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 of expenditures by candidate who has not adapted voluntary expenditure ceiling. 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 24 hours whenever the candidate has made cumulative expenditures of five thousand dollars ($5,000),ten thousand dollars ($10,000), fifteen thousand dollars ($15,1100), and so on in multiples of five thousand. The notification shall state that the candidate has made cumulative expenditures of five thousand dollars ($5,000) and so on in multiples of five thousand. All notifications shall be made by facsimile transmission or guaranteed overnight mail. 0) Notification of expenditures by committee making independent expenditures. 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 opponents running for the same seat, within 24 hours whenever the committee has made cumulative expenditures of five thousand dollars ($5,000), ten thousand dollars ($10,000), fifteen thousand dollars ($15,000) and so on in multiples of five thousand. The notification shall state that the committee has made cumulative expenditures of five thousand dollars($5,000) and so on in multiples of five thousand. 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 8202.5) 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 expenses related to assisting, serving, or communicating with constituents, or with carrying out the official duties of the elected officer. `Office holder expenses" include but are not limited to, (a) donations to charitable organizations; (b)the cost of postage, office supplies, stationary 5 and. similar expenses related to the conduct or performance of the office holder's governmental duties; (c)reasonable expenses for travel to conferences, seminars, educational events and similar activities related to the office holder's position; (d) the cost of books or publications reasonable related to the office holder's position; (e) litigation expenses related to the office holder's actions as a supervisor. The expenses listed in items(a) through(e) 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 for expenditures made during prior campaigns for the office of supervisor. (1)Adoption of expenditure ceiling irrevocable. A candidate who adopts the expenditure ceiling for a particular primary 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. ((girds. 99- § 5, 98-6, 96-24, 95-47, 95-35, 95-8.) SECTION VI. Section 530-2.708 is added to read: 530-2.708 Self funded candidates. (a) Self funded candidate defined. For purposes of this section, "self funded candidate" means a supervisorial candidate who mares loans and contributions of his or her personal funds to his or her campaign or campaign committee, in the aggregate amount of more than twenty thousand dollars ($20,000.) For purposes of this section"contributions from personal funds" means contributions from the candidate and his or her immediate family by blood or marriage. For purposes of this section"immediate family"means spouse, children, parents, and siblings. (b) Statement of intent to self fund. A candidate for a primary, general, or recall election who intends to be a self funded candidate shall file with the County Clerk-election division a statement, signed under penalty of perjury, which states that the candidate intends to be a self funded candidate. The candidate shall file the statement at the same time that the candidate files his or her declaration of candidacy. (c) Contribution limits for self funded candidates. Notwithstanding sections 530- 2.7013, 530-2.704 and 530-2.707, for an election cycle, no self-funded candidate or his or her campaign treasurer shall accept any contribution to or for the candidate or to or for any committee authorized in writing by the candidate to accept contributions to him or her, which will cause the total amount contributed by that person, committee or broad based political committee in support of that candidate for that election cycle to exceed one hu=ndred dollars ($100), (d)Expenditure ceiling increased for opponent of self funded candidate. For an election cycle, for a candidate who accepts the voluntary expenditure ceiling specified in section 530-2.707(b),the amount of the voluntary expenditure ceiling shall increase by thirty thousand 6 dollars ($30,000) if. (1)the candidate's opponent(s) files a statement of intent to self fund or(2) if without filing such a statement, the opponent makes loans and contributions of his or her personal funds to his or her campaign or campaign committee, in the aggregate amount of more than twenty thousand dollars ($20,000) and makes expenditures exceeding twenty thousand dollars ($20,000). If a candidate qualifies for an increase in the voluntary expenditure ceiling pursuant to this section, such increase shall be in addition to any other increase in the ceiling for which the candidate qualifies under section 530-2.707. For a candidate who qualifies for an increase in the ceiling under this section and section 530-2.707(4) and/or(e) and/or(f), the amount of the voluntary expenditure ceiling shall not exceed one hundred and sixty thousand dollars ($160,000) in any event. (Ord. 99- §6 , 98-6.) SECTION VII. 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 , a newspaper published in this County. PASSED ON ,by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator By: Deputy Board Chair [SEAL] 7