HomeMy WebLinkAboutORDINANCES - 03121991 - 91-10 ORDINANCE NO. 91- 10.
(Reporting Requirements for Committees
supporting or opposing a candidate
or local ballot measure)
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 Ordinance Sections
530-2. 802, 530-2.804, and 530-2. 806, to extend the existing
campaign disclosure requirements to committees supporting or
opposing candidates for county office and to committees
supporting or opposing local ballot measures voted on only in
Contra Costa County. This ordinance amends Ordinance Code
section 530-2 . 1002 to extend existing enforcement provisions to
such committees .
SECTION II . Section 530-2 . 802 of the County Ordinance Code is -
amended, to apply to committees supporting or opposing local
ballot measures voted on only in Contra' Cbsta .County,, to read:
530-2 . 802 Candidate and Committee Reports . Each candidate,
each committee supporting or opposing a candidate for county
office, and each committee supporting or opposing a local ballot
measure which is 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 an additional statement 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. This filing must be timely
received by the filing officer and is not accomplished by deposit
in the mail. This statement 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.
(Ords. 91-10 52, 84-14, 84-9. )
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SECTION III . Section 530-2.804 of the County Ordinance Code is
is amended to apply to committees supporting, or opposing n
candidates for county-office and to committees supporting or.'
opposing local ballot measures to be .voted on only in Contra'
Costa County, to read:
530-2. 804 Campaign Statement`. Each, county -'Campaign
statement required to be filed by candidates for county office,
committees supporting or opposing a candidate for county office,
or committees supporting or opposing a local ballot measure which
is being voted on only in Contra Costa County shall contains
(1) (a) The total amount of all contributions received
during the period covered by the campaign statement .that equalled
twenty-five dollars, or more, and (b), the total of all
contributions of less than that cumulative amount.
(2) If the cumulative amount of contributions from a person
` is more than twenty-five dollars andless than one hundred
dollars and a contribution has been received from that person
during the period covered by the campaign statement, the
statement _shalllinclude the date and amount of each contribution,
the .name of the contributor and the type of 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 from a person
is one hundred dollars or more and a 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 ..S .84211 (f ) . '
(4) Candidates and committees need ,not duplicate any reports
of contribution and/or loan required by state law .but.�may certify
that reports .made pursuant to this section are in addition to
those made pursuant to state law. ..
(Ords -91-10 3, 84-9 . )
SECTION IV. Section 530-2.806 of the County `Ordinance Code is•
amended to apply to committees supporting or opposing' a local
ballot measure which is being voted on only in Contra Costa '
.County, to read:
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ORDINANCE NO. 91-10
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 clerk 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 recommendations to the
board of supervisors on additional penalty provisions .
(Ords 91-10 S5 84-15, 84-9 . )
SECTION VI .. EFFECTIVE DATE. This ordinance becomes effective 30
days after passage, and within 15 days after- passage shall be
published once with the names of supervisors voting for and
against it in the Contra Costa Times, a newspaper published in .
this County.
PASSED on March 12 1991 , by the following vote:
AYES: Supervisors Fanden, McPeak, Torlakson and Powers
NOES:
ABSENT: supervisor .Schroder
ABSTAIN:
ATTEST: PHIL BATCHELOR, Clerk of ,
the Board and, County Administrator
Deputy/ ' Board Chair
fb3\a:.\mam\ordinanc\cmmttee. [SEAT,)
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ORDINANCE NO. 91
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 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 S§ 84200 ff. 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 . 91- 0 S4 , 84-9 . )
SECTION V. Section 530-2. 10 of the County Ordinance Code is '
amended to extend. existing enforcement provisions to committees
supporting or opposing candidates for county office or local
ballot measures voted on only in this county, to read:
530-2. 1002 Clerk and district attorney review. (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 exceed the
allowable maximums established by this chapter.
(b) The district attorney shall monitor all statements of
candidates for the office of county clerk, and all statements of
.committees supporting or opposina candidates for the office of
county clerk, as set forth in .subsection (a ) .
(c), If the county clerk, in the course of -monitoring
statements as required by subsection (a) , determines .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
committees supporting or opposing candidates for the office of
county clerk as required by subsections (a) and (b) above,
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