HomeMy WebLinkAbout6.6 AmendMuniCdChapt 2.2
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.CITY CLERK
File # @]~[!]~-[I]~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: MAY 28,1996
SUBJECT:
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EXHIBITS ATTACHED:
RECOMMENDATION:
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Public Hearing: Amendment of Dublin Municipal Code
Chapter 2.28 Relating to Campaign Contribution
Limitations (Report prepared by Elizabeth Silver, City
Attorney & Kay Keck, City Clerk)
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FINANCIAL STATEMENT: None
1.
Draft Ordinance Amending Chapter 2.28 of the
Municipal Code relating to Campaign Contribution
Limitations
Red-lined version of current Chapter 2.28 showing
changes
Agenda Statements from April 23 (Item 8.2) and
May 14, 1996 (Item 7.2) Council meetings
Agenda Statement from September 13, 1993
meeting
Copy of Government Code Section 84211
Alternate Draft Ordinance 'Amending Chapter 2.28
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Open public hearing
Receive Staff presentation and public comment
Question Staff and the public
Close public hearing and deliberate
Take appropriate action.
DESCRIPTION: At the May 14, 1996 Council meeting, the Council
considered the issue of campaign contribution limitations for the office of Councilmember and
Mayor. By motion made by Councilmember Moffatt, the Council directed the staff to prepare an
ordinance to include the following:
1) an election period to commence 120 days prior to and following an election;
2) a $300 limit on contributions;
3) a declaration under penalty ofpetjury that the candidate has not collected more
than $300;
4) campaign statements shall itemize any amount over $25.01;
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contributions can only be accepted during an election period; and
if any part of the ordinance is held invalid, the remainder shall not be affected.
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The City Attorney has drafted an ordinance which includes the six items included in
CounciImember Moffatt's motion. (Exhibit 1.)
Summmy of Draft Ordinance
The draft ordinance ~ould make the following changes from the City's current ordinance,
Dublin Municipal Code Chapter 2.28 (see Exhibit 2.):
1. Election Period
The City's existing Campaign Contributions ordinance limits contributions made "with
respect to an election." This term was adopted in 1993 when the ordinance was last amended.
Prior to 1993, the City's ordinance defined an "election period" to be the period commencing
July 1 prior to an election and ending June 30 following an election. The Agenda Statement for
the September 13, 1993 Council meeting (Exhibit 4) explained that federal law, which has been
upheld by the courts, limits contributions "with respect to an election" whereas state law, which '
limited contributions per fiscal year, has been held to violate the First Amendment.
The draft ordinance eliminates the phrase "with respect to an election" and reverts to the .
concept of an "election period." Staff recommends that the Council consider retaining the , ,:'.
definition of "with respect to an election" rather than using the term "election period" for the
reasons expressed in the September 13, 1993 Agenda Statement.
2. Dollar Limit on Contributions
The current ordinance limits contributions for both the office of Mayor and the office of
Councilmember to $1000 "with respect to an election."
The draft ordinance would impose a $300 limitation for both offices. No contributions
would be allowed except during the period 120 days prior to the election and 120 days following
the election.
The next municipal election will be held on November 5, 1996; 120 days prior to the
election is July 18, 1996 and 120 days after the election is AprilS, 1997. By state law, a
candidate can take out nomination papers and officially declare his or her intent to run for office
on July 15, 1996. The proposed ordinance would result in a three-day period where a person has
officially declared his or her intent to run for office but cannot accept contributions. In addition,
a candidate can complete a form (Statement of Intention) stating the intention to run for future
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If the draft ordinance is adopted, it will apply prospectively only. (Because violation of
the ordinance is a misdemeanor, an attempt to apply the draft ordinance retroactively would
amount to an ex post facto law which is prohibited by the Constitution.) Hence, if an individual
has, as of the effective date of the amendments to the Municipal Code, collected contri~utions for
the upcoming election in November 1996 for either the office of Mayor or the office of
Councilmember from any person in excess of$300 (but no more than $1000), there is no ,
requirement that such monies be returned and no violation of the Municipal Code has occurred.
Similarly, an individual who has received contributions during the time the current ordinance is
in effect would not be in vi~ration of the proposed ordinance even though the receipt of such
contributions would have violated the proposed ordinance's restriction on contributions more
than 120 days prior to an election if the proposed ordinance had been in effect.
The change in the dollar limitation from $1000 to $300 will impact the reporting
requirements for the November 1996 election. Candidates who have collected monies in excess
of $300 or have collected any money during the period more than 120 days prior to the
November 1996 election (i.e., July 18, 1996) will have to segregate such monies in their
statement filed pursuant to Municipal Code Section 2.28.040 in order to enable the City Clerk to
determine whether there has been compliance with the existing ordinance and the new
ordinance's requirements during the time periods each ordinance is in effect.
3. Disclosure of Amounts Contributed
The current ordinance relies on state law for reporting requirements. State law requires
candidates to report amounts received in excess of $1.00 from any contributor.
The proposed ordinance would require candidates for City office to report amounts
received in excess of$25. It would do so by requiring Campaign Statements filed pursuant to
Government Code Section 84211 (Exhibit 5) to contain infonnation regarding JUI contributions
in excess of $25. This infonnation would be included in the Campaign Statement filed with the
City Clerk.
4. No Contributions Exce.pt Durini Election Period
The City's existing Campaign Contributions ordinance limits contributions to $1000
"with respect to an election." Candidates can thus accept contributions at any time prior to an
election once they have declared their candidacy (and following the election if there are
campaign debts).
The proposed ordinance would prohibit candidates from accepting contributions except
during the 120 days prior to and following an election. The Ninth Circuit Court of Appeal has
struck down a campaign limitation law that.restricted campaign contributions to fiscal years
rather than election periods on the grounds that the law would supposedly operate to benefit
incumbents (who would seek contributions eaCh year they are in office in anticipation of seeking
re-election) over challengers (who likely would not seek contributions early on). (Service
Employees Int'l Union v. Fair Political Practices Commission (9th Cir. 1992) 955 F.2d 1312.) It
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is unclear whether a law allowing contributions to be made for a particular election onl,y during a
particular period and prohibiting contributions during other periods would be found to be e ..
constitutional. Because the city could impose a limitation on contributions for the entire election
period, which is a less intrusive means of achieving the same result, it is likely that a court would
not uphold a prohibition on contributions for the bulk of the time between elections. This reason
is another the staff recommends that the Council retain the defInition of "with respect to an
election" which would allow contributions during the entire time prior to an election.
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5. Effective Date #
The draft ordinance can take effect immediately because it relates to an election.
Government Code section 36937 provides that ordinances take effect 30 days after their fmal
passage except for five categories of ordinances which take effect immediately. One of the five
categories is an ordinance "relating to an election." Accordingly, the Council may provide that
the draft ordinance shall take effect immediately. (Another of the five categories is an ordinance
for the immediate preservation of the public peace, health or safety which contains a declaration
of the "urgency"; df the five types of ordinances which take effect immediately, this is the only
type which requires a four-fifths vote.)
Recommendation
Staff recommends the Council consider the proposed ordinance and take appropriate
action. Although the ordinance includes language stating that it will take effect immediately, it is
still necessary that it be introduced at one meeting and adopted at a subsequent meeting. (It is
only "urgency" ordinances which can be introduced and adopted at the same meeting.) Thus, if a
motion to waive the reading and introduce the ordinance passes tonight by a majority vote, the
ordinance can be adopted and take effect on June 11, if it contains language to that effect.
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An alternate version of the draft ordinance is attached (Exhibit 6) which incorporates the
staff recommendations discussed above in paragraphs 1 and 4 if the Council concurs with Staffs
recommendation.
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ORDINANCE NO. - 96
AN ORDINANCE OF THE CITY OF DUBLIN
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AN ORDINANCE OF THE CITY OF DUBLIN AMENDING
CHAPTER 2.28 OF THE DUBLIN MUNICIPAL CODE
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RELATING TO CAMPAIGN CONTRIBUTION
LIMITATIONS FOR ELECTIONS
TO TAKE EFFECT IMMEDIATELY
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS:
SECTION 1.
Section 2.28.020 Amended -- Election Period Defined
Section 2.28.020 of the Dublin Municipal Code is amended by deleting the definition of
"With respect to a single election" and inserting the following new definition:
"Election period" means that period oftime commencing 120 days preceding the
date of any election and ending 120 days following such election. There shall be
a separate "election period" for each election.
SECTION 2.
Section 2.28.030 Amended -- Contribution Limit Revised
Subsection A of Section 2.28.030 of the Dublin Municipal Code is amended to read as
follows:
"A. No person shall make any contribution or contributions to a candidate or
committee which exceed the cumulative amount oftbree hundred dollars ($300),
nor shall any such contribution or contributions which exceed the cumulative
amount oftbree hundred dollars ($300) be accepted by any candidate or
committee from any person during an election period."
SECTION 3.
Section 2.28.030 Amended - Prohibition on Contributions.
Subsection C is added to Section 2.28.030 of the Dublin Municipal Code to read as
follows:
"c. No person shall make any contributions to a candidate or committee nor shall
any candidate or committee accept any contribution or contributions except during
an election period."
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EXHIBIT 1
SECTION 4.
Section 2.28.040 Amended -- Declaration re Compliance
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Subsection A of Section 2.28.040 of the Dublin Municipal Code is amended to read as
follows:
"A. To ensure full compliance with this chapter, each candidate shall execute a
declaration under penalty of perjury on a fonn provided by the City Clerk stating
that such candidate did not receive any contribution or contributions totaling more
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than three hundred dollars ($300) from any person during an election period."
SECTION 5.
Disclosure of Amounts in Excess of $25
Section 2.28.040 is added to the Dublin Municipal Code to read as follows:
"'When filing the Campaign Statement required by Article 2 of Chapter 4 of Title
9 ofthe Government Code, commencing with Section 84200, each candidate for
the office of Mayor and Councilmember shall include in such Campaign
Statement the same infonnation required by subdivision (f) of Government Code
section 84211 for contributions (including loans) in excess of$25 receiveq from
any person."
SECTION 6.
Renumbering
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Section 2.28.040 of the Dublin Municipal Code, entitled "Filing of Verified Declaration"
is renumbered as "Section 2.28.050," and Section 2.28.050, entitled "Violation Penalty" is
renumbered as "Section 2.28.060."
SECTION 7.
Severability
If any part of this ordinance or the application thereof to any person is held invalid, the
~ remainder of the ordinance and the application of such provision to other persons shall not be
affected thereby.
SECTION 8.
Immediate Effect
This ordinance imposes restrictions on monetary contributions to candidates for office at
municipal elections and thus relates to an election. Pursuant to Government Code section
36937(a), this ordinance shall take effect immediately.
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SECTION 9.
Posting
The City Clerk ofthe City of Dublin shall cause this Ordinance to be posted in at least three
(3) public places in the City of Dublin in accordance with Section 36933 of the Goverrunent Code
of the State of California.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin on this
_ day of _, 1996, QY. vote as follows:
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AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST:
CITY CLERK
J:\WPD\MNRSW\114\ORD\CAMPAlGN.W61
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(Excerpts from Chapter 2.28 [Campaign Contributions] of the Dublin
Municipal Code indicating proposed changes)
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2.28.020 Definitions
For the purpose of this chapter, definitions codified in the Political Reform
Act, beginning at Gove~Ihent Code Section 82000, et seq., shall apply with the
addition of the following:
"Election" means any municipal election, whether general or special, at which
the offices of Councilmember and/or Mavor are to be filled.
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"\'Vith respect to a single election" means:
1. 11".. the case of a contribution dcsigr..ated in '..vriting by the contributor for a
pan.ieular electiar.., the election so desigr,ated, pro\.idcd tbat a contribution
designated ir, ~.\Iiting for a particular election may be made after the electior.. and
plior to June 30th follo'Yving the election only to the extent such contribution does
not exceed 1""..et debts outstanding from that ekction;
2. 11"".. the case of a contribution not designated in v.riting by the contributor
for a particular election, the next election for the office after the contribution is .
made.
.iEi'e'ction 'Perlod,iITieans"that periocf of time cc}Iillrie~cing f2q, days'preceding ,
the d~te:of ally el~~9ri a~d en~ing 12Q days"follo~!1K,~~gfeJ~c~i,9j1. ,':Iheic; shall be
a separate ~:~lectionkeriQ<t'~:for each ele~on. - "'
(Ord. 10-93 S 1: Ord. 21-87 S 2)
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2.28.030 Limitations on contributions.
A. No person shall make any contribution or contributions to a candidate or
committee which exceed the, cumulative amount of one tbousand ($1,000) three
hundred ($300), nor shall any such contribution or contributions which exceed the
cumulative amount of one thousand ($1,000) three~~<:tred($3QO), be accepted by
any candidate or committee from any person \\ith respect to a single during an
election period.
B. The prohibition stated in subsection A of this section shall not apply to
contributions made or received in support of, or in opposition to, a ballot measure,
nor shall said prohibition apply to contributions made by a candidate to his or her .
campaign. (Ord. 10-93 S 2: Ord. 21-87 S 3)
EXHIBIT 2
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". .. _" c~' ,N(). perS9~ s,[t~F*e. ~YC9~~qyif,on~:i~,i~~~~~,t~qr:cq~ittee nQI
shall an" _ Cclrididate~or:'comiiUttee. acce ,: tan" :'c6ntiibfitlo*or~conttibutions eXce . t
~".i,:.. ':'~':'''Y;.'''''.'''''':'''' "<";>,~"",,,,,,;,,:,:,,,,,,,---~,,,~-,,~,"_P..._--...Y ...... --' , ..---..........-..-----. ...'.~.... _.P~,
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DisclosUre of amounts in ex:cess:of $25
_."r"_"''''~__~~:'_''''^' ." ,__ ...... ,~".' ... ^W .<.........""~.._.^.N4'.....~_.........,...".,,.. ,'^'
Wher(fiiilig:~-e~ainpaIgnStatefrienfreqUiIed-by-Artide ~fo(chaptei-' 4 of
Title 96fthe Govdruuelt'tCode, 'commencing with Section 84200, each candidate
for the offic~:o{Mayor axi~ Councilmernber shan inciu'd~eir!:suchCampaign ."
Statement. the same information required by subdivision(f)of Government Code
section...~1:~ ~ 1 J()r ~gg!Tibll.go!1S (inch.ldiJ:lg l()*I1s )!:r.:L~2fS~_S.~,_,()(~~~Jeceived from~ny
p~rsQ~.
2.28.04G?9 Filing of verified declaration
A. To ensure full compliance with this chapter, each candidate shall execute a
declaration under penalty of perjury on a form provided by the eit; City Oerk stating
that such candidate did not receive any contribution or contributions totaling more
than one thousand ($1,000) !hree !l!:1:p:dred ($~OO), from any person \\ith respect to
during an election:p~itod.
B. The declaration required by subsection A of this section shall be filed with
the City Clerk with each preelection statement filed pursuant to state law and \Vith
the semi-annual statements required to be filed pursuant to state law, (Ord. 10-93 S
3: Ord. 21-81 S 4)
2.28.0:5-9 qO
Violation--Penalty.
ONLY NUMBERING CHANGES IN THIS SECTION.
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CITY CLERK
File # D~r3J[QJ-~[GJ
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: April 23, 1996
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SUBJECT:
Campaign Contribution Limitations
(Report Prepared by Elizabeth Silver, City Attorney)
EXHIBITS ATTACHED:
." Dublin Municipal Code Chapter 2.28 (Campaign Contributions)
RECOMMENDATION: ~f\J'."/ Receive report and provide appropriate direction to Staff
FINANCIAL STATEM:ENT: None
DESCRIPTION: Under discussion of "Other Business" at the March 26, 1996, City
Council meeting, Councilmember Barnes requested that Staff place on a future agenda, the issue of
campaign contribution reform.
:.'.:,'.:: The Council first adopted an ordinance limiting campaign contributions in 1987 (Ordinance No. 21-87).
:, The ordinance was codified in Dublin Municipal Code Chapter 2.28. Amendments were made to Chapter .,'
2.28 in 1993, which included increasing the contribution limit from $300 to $1000 with respect to a single
election. Other changes were made to Chapter 2.28 to be consistent with state and federal laws relating to
campaign contribution limitations.
Expenditure limitations ar~ subject to strict scrutiny and will be upheld only if they are narrowly tailored to
serve a compelling state interest. The United States Supreme Court held in the case of Buckley v. Valeo
that it is unconstitutional to limit a candidate's personal expenditures. A limitation on expenditures is
viewed as a restraint on Constitutionally-protected rights of expression and association. Spending limits
are thus not valid unless they are tied to the receipt of public funds.
J:\ WPDUv1NRSW\114\MISC\TERM-LMT.STM
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COPIES TO:
EXHIBI. :.3
ITE1\1 NO. .8..L
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CITY CLERK
FILE # D~b3JraJ-~[QJ
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE MAY 14, 1996
SUBJECT:
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Campaign Contribution Limitations and Campaign
Expenditure Limitations
(Report prepared by Elizabeth H. Silver, City Attornry,
and Kay Keck, City Clerk)
EXHIBITS
ATTACHED:
1) San Ramon Ordinance and Resolution
2) Agenda Statement for April 23, 1996 (Item 8.1)
RECOMMENDATION:
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1) Consider Motion to "Take From the Table"
2) If Motion Passes,
provide appropriate direction to staff
FINANCIAL
STATEMENT:
None
DESCRIPTION:
Background
This matter came before the Council at the April 23, 1996 meeting. Mter discussing
the issue, staff suggested that the item be continued to this meeting to research issues
which were raised in the discussion. The Council voted to "table" the item. Staff has
interpreted this to be a motion to continue the item inasmuch as no motion was pend-
ing when the motion to "table" was made.
The two issues which staff has researched are:
(1) Can the City limit the source of campaign contributions made to
candidates running for city office to City residents and/or non.residents who work in the
City?; and
ITEM NO.
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(2) Does the City of San Ramon have in effect campaign expenditure
limitations?
Validity of Contribution and Expenditure Limitations
Both contribution limitations and expenditure limitations are subject to strict scrutiny
and will be upheld only if narrowly tailored to serve a compelling governmental interest.
Austin v. Michigan Chamqer of Commerce, 494 U.S. 660, 657, 110 S. Ct. 1391, 1396
(I 990), citing.Buckley v. Valeo. 424 U.S. 1,44-45, 96 S. Ct. 612, 646-647 (I976).
At issue in the leading case of Buckleyv. Valeo were provisions of the 1971 Federal
Election Campaign Act (the "Act"), as amended in 1974, which placed limitations on
both political contributions to, and expenditures by, candidates for federal office. The
Act limited contributions by individual~ or groups to $1,000, and contributions by
political committees to $5,000, for any single candidate per election. The Act limited
expenditures by an individual or a group "relative to a clearly identified candidate" to $_
1,000 per candidate per election, and by a candidate from personal or family funds to
differing amounts, depending on the office sought by a candidate.
The primary purpose advanced as justification for the Act's contribution and
expenditure limitations was the government's interest in eliminating the appearance of
impropriety and actual corruption associated with large financial contributions.
Although contribution limitations infringe on a contributor's freedom of association
and expression rights, the Supreme Court found the contribution limitations
constitution~l because the governmental interest advanced justified the burdens placed
on the rights. The contribution limitations were one of the "Act's primary weapons a-
gainst the reality or appearance of improper influence stemming from the dependence of
candidates on large campaign contributions. . . [which] serve[d] the basic governmental
interest in safeguarding the integrity of the electoral process without directly impinging
upon the rights of individual citizens and candidates to engage in political debate and
discussion." Buckley, 424 U.S. at 58,96 S. Ct. at 653.
While the Supreme Court upheld as constitutiQ!.lal the Act's contribution limitations, it
determined that the expenditure limitations unconstitutionally infringed on the
guarantees of the First Amendment. Because they are considered to be a more direct re-
straint on freedom of expression and association, expenditure limits require a more
compelling justification than do restrictions on contributions. California Medical A-
ssociation v. Federal Elections Commission, 453 U.S. 182, 194, 196-197, 101 S. Ct.
2712, 2722-2723 (1981). In determining whether or not a restriction on expenditures
can be constitutionally applied, therefore, a court will "ascertain whether it burdens the
exercise of political speech and, if it does, whether it is narrowly tailored to serve a
compelling state interest." Austin v. Michigan Chamber of Commerce, 494 U.S. 660,
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657, 110 S.Ct. 1391, 1396 (1990), citing Buckley, 424 U.s. at 44-45, 96 S.Ct. At 646-
647.
In finding the expenditure limitations to be unconstitutional, the Supreme Court in
Buckley reasoned that the expenditure limitations substantially restrained the "quantity
and diversity of political speech," by restricting the number of issues that would be
discussed during a campaign, the depth to which they would be explored and the size of
the audience that would be reached. Bucklev, 424 U.S. at 19, 96 S. Ct. at 634-635.
On that basis it held that th~ limitations impermissibly infringed on the Pirst
Amendment right to freedom of expression while failing to serve the substantial
governmental interest of stemming corruption or the appearance of corruption.
Response to Question (1)
The Council asked whether or not the City can limit the source of campaign
contributions to candidates for city office to city residents and non-residents who work
in the City. Por the following reasons, it is my opinion such a restriction on
contributions would fail to pass the constitutional tests established by the Supreme
Court in Bucklev.
Buckley and the line of cases follovving it note that the right to associate is a
fundamental right protected by the United States Constitution. Any governmental
restriction on the right to associate must be "closely drawn to avoid unnecessary a-
bridgement of associational freedoms." Fair Political Practices Com'n v. Superior Court
(1979) 25 Cal.3d. 33, 45, 157 Cal.Rptr. 855, 862. A compelling governmental interest
must be advanced that would justify the First Amendment infringement. It is my
opinion that an ordinance restricting campaign contributions to city residents or non-
residents employed within the City would fail to meet this test. Additionally, it is likely
that such a restriction would also be found to impermissibly affect the constitutionally
protected right of contributors to travel. (See ~., CEEED v. Cal. Coastal Zone
Comm'n, 43 Cal.App.3d 306, 332-333,118 Cal.Rptr. 315, 330-331 (1974); Dunn v.
Blumstein, 405 U.S. 330, 338, 92 S.Ct. 995, 1001 (1972); (The right to interstate
travel is a fundamental constitutional right that includes the right to take up residence
in any state.) See also, Tobe v. Citv of Santa Ana'~ 9 Cal.4th 1069, 1096-97, 40
Cal.Rptr.2d 402, 419 (1995). (The right to interstate travel includes intra-municipal
travel).)
Responses to Ouestion (2)
The Council asked whether the City of San Ramon has in effect an ordinance limiting
campaign expenditures. We have obtained from San Ramon its ordinance which sets
forth a policy encouraging voluntary expenditure limitations for cityvvide campaigns.
In addition, we have obtained a recent resolution which sets a limitation on
expenditures which candidates in the November 1995 election could voluntarily follow. .
(Exhibit 1.)
The City of San Ramon adopted Ordinance No. 58, an ordinance "Establishing Election
Fair Campaign Practices," on July 9, 1985. Its stated purpose is to "preserve and foster
an orderly political forum in which persons may express themselves effectively; to place
realistic limits on the amounts of money that may be spent in political campaigns for
City Council elections; to decrease the cost of campaigns; and to prevent the appearance
of improper influence." It seeks to accomplish these purposes through the voluntary
cooperation of candidates for city office.
The ordinance sets forth a candidate's fair campaign pledge, which candidates for city
council may voluntarily sign. By signing the pledge, a candidate agrees to attempt to
limit expenditures for his or her campaign to an amount set forth by City Council
resolution for the upcoming election. Last year, by Resolution No. 95-57, the City
established a voluntary expenditure limit of $11,500.00 for the 1995 municipal
election. This figure represented approximately $.50 per registered voter in the prior
election.
It should be noted that neither the City of Pleasanton nor the City of Livermore has an
ordinance limiting expenditures for campaigns.
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CITY OF DUBLIN
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: september 13, 1993
SUBJECT:
status Report on campaign contribution Limitation
Ordinance Amendment to Change Definition of
"Election Period"
H Report Prepared by Elizabeth silver, city Attorney
and Kay Keck, City Clerk
or"'"
EXHIBITS ATTACHED: Agenda Statement from August 9, 1993 Meeting
RECOMMENDATI~~
Receive Report
Provide policy direction to staff regarding
amount of limitation for Office of Mayor and
Office of Councilmember
Direct Staff to schedule a public hearing for
September 27th Council meeting to consider
amendment to the Campaign contribution
Limitation Ordinance
FINANCIAL STATEMENT:
None
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DESCRIPTION: On August 9, 1993, the city council received a
report regarding the City's campaign contribution Limitation Ordinance
(Dublin Municipal Code Chapter 2.28). Staff indicated that the
ordinance was unclear with respect to whether the $300 limitation
applied only to an election period or whether it applied during "off
years". The council indicated that it intended the $300 limitation to
apply in each year and directed Staff to return to the council with an
amendment to the ordinance to clarify the ordinance.
In preparing a proposed amendment to the ordinance, the city Attorney
concluded that, from a legal standpoint, it would be preferable to
include a dollar limitation tied to an election, rather than for a
fiscal year. This conclusion is based on court cases which have
upheld contribution limitations in Federal elections (which are
applied per election) whereas the State limitation (which is applied
per fiscal year) has been found invalid.
If the City'S ordinance is amended to follow the Federal model, the
limitation on contributions would apply to the election for a specific
office. The question then arises whether the limitation for the
office of Mayor (a 2-year term) and the office of councilmemher (a 4-
year term) should be the same. If the council wishes in effect to
prohibit contributions in excess of $300 per year, that would
translate to a $600 limitation per election for the office of Mayor
and a $1,200 limitation per election for the office of councilmember.
Staff will prepare an amendment to the ordinance to provide a
limitation on contributions per election. Staff requests that the
Council provide direction regarding the amount of the limitation for
the office of Mayor and the office of councilmember.
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EXHIBIT 4
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ITEM NO. 1. Z
COPIES TO:
CITY CLERK
FILE~
~ 84202.7
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GOVERNMENT Cor)'
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~ 84202.7. Committees making large contributions; campaign statements; time for filing
(a) Except as provided in subdivision (b), during an odd-numbered year, any committee by virtu~'~.
Section 82013 which makes contributions totaling five thousand dollars ($5,000) or more to .
office!'S, their controlled committees, or committees primarily formed to support or oppose.
state officer during a period specified below shall file campaign statements on the folio da~
(1) );0 later than April 30 for the period of January 1 through March 31.
(2) ~o later than October 31 for the period of July 1 through September 30.
(br If a committee makes contributions totaling five thousand dollars ($5,000) or more to elected stat.,
office!'S, their controlled COmmittees, or committees primarily formed to support or oppose any electe:
state officer dming a period specified in subdhision (a). and all of those contributions are repol"'..ec
pursuant to Section 84202.5 · .. · on or before the time specified in subdivision (a), the committee shan
not be required to file additional.statements for that period Pursuant to this section.
(Amended by Stats.1993, c. 218 (ARI357), ~ 1.)
~ 84203.3. Late in-kind contributions; notification of recipients; reports
(a) Any candidate or committee that makes a late contribution that is an in-kind contribution shall
notiJy the recipient in writing of the value of the in-kind contribution. The notice shall be received by the
recipient within 24 hours of the time the contribution is made.
(b) Xothing in this section shall relieve a candidate or committee that makes a late in-kind contribution
or the recipient of a late in-kind contribution from the requirement to file late contribution repor-.s
pursuant to Section 84203. However, a report filed by the recipient of a late in-kind contribution shall be
deemed timely filed if it is received by the filing officer within 48 hours of the time the contribution is
received.
(Added by Stats.1995, c. 77 (S.R904), ~ 1.)
~ 84.206, Short form reports; contribution and expenditure restrictions
(a) The COmmission shall provide by regulation for a short form for filing reports required by this
article for candidates or officeholders who receive contributions of less than one thousand dollars ($1,000).
and who make expenditUres of less than one thousand dollars ($1,000), in a calendar year.
(b) For the purposes of this section, in calculating whether one thousand dollars ($1,000) in expendi-
tures have been made, payments for a filing fee or for a statement of qualiiication shall not be included ii
these payments have been made from the candidate's personal funds.
(c) Even' candidate or officeholder who has filed a short form Oursuant to subdivision (a). , .0
thereafter receives contributions or makes exnenditures totalin one thousand dollars ($1.000) or more in
a calendar '''ear. shall send written notification to the SecretarY of State. the local filing' officer. and each
candidate comending' for the same office within 48 hours of receiving' or e.'Q)ending' a total of one thousan
dollars ($1.000), The written no' cation shall revoke the reviouslv filed short form statement.
(Amended by Stats.1993, c. 391 (AB.32S), ~ 1.)
o 84219 Contents of statement
Each campaign statement required by this article shall contain all of the follo\\ing information:
(a) The total amount of contributions received during the period covered by the campaign statement
and the total cumulative amount of contributions received.
(b) The total amount of expenditures made during the period covered by the campaign statement and
the total cumulative amount of e."Cpenditures made.
(c) The total amount of contributions received during the period covered by the campaign statement
from pen;ons who have given a cumulative ~mount of one hundred dollars ($100) or more.
(d) The total amount of contributions received during the period covered by the campaign statement
from persol'.s who have given a cumulative amount of less than one hundred dollars ($100).
(e) The balance of cash and cash equivalents on hand at the beginning and the end of the period
covered by the campaign statement.
(f) If the cumulative amount of contributions (including loans) received from a person is one hundred
- dollars ($100) or more and a contribution or loan has been received from that person during the Period
covered by the campaign statement, all of the follOwing: .
(1) His or her full name.
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(2) ills or he street address.
(S) !lis or he~ occ~pation.
e1 The ;lame of his or her employer. or if self-employed. the name of the business.
) The date and amount received for each contribution received during the period covered by the
c:l-'1lpaign statement and if the contribution is a loan. the interest rate for the loan.
(6; The cumulative amount of contributions.
(g) F or eac~ person, other than the filer, who is directly, indirectly. or contingently liable for
repayment of a loan received during the period covered by the campaign statement, all of the following:
(ll His or her full name.
(2) His or her so-eet address.
(S) His or he~ occupation. " .-
(4) The name of iUs or her employer, or if self-employed, the name of the business.
(5) The amOUl:.t of his or her ma."timum liability.
(n) The total 3..-:lount of expenditures made during the period covered by the campaign statement to
pe.'"5ons who ha...e received one hundred dollars ($100) or more.
(D The total amount of e.'Cpenditures made during the period covered by the campaign statement to
pe..'"5ons who have received less than one hundred dollars ($100).
(j) For each person to whom an e.'Cpenditure of one hundred dollars ($100) or more has been made
during the pe....;od covered by the campaign statement, all of the following:
(1) His or her full name.
(2) His or her street address.
eS) The amount of each e.'Cpenditure.
(..1) A brief desdption of the consideration for which each e.'Cpenditure was made.
(5) In the case of an expenditure which is a contribution, the date of the contribution; the cumulative
amount of cont.!ibutions made to a candidate, elected officer, or committee; the full name of the
canciidate; and the office and district for which he or she seeks nomination or election. In the case of a
contribution ir: support of or opposition to a measure, the number or letter of the measure and the
"uisdiction in which the measure or candidate is voted upon.
.,6) The iniormation required in paragraphs (1) to (4), inclusive, for each person, if different from the
ayel!. who has provided consideration for an expenditure of one hundred dollars ($100) or more during
t.1e period covered by the campaign statement.
(7) In the C2Se of an e:-..-penditure made to payor reimburse the travel e.'Cpenses or necessary
accommodatior:s of a candidate, his or her representative, or a member of the candidate's immediate
family, the date. destination, and total expenditure for each trip.
For purposes of subdi\isions (h). (D, and (j) only, the terms "e:\1lenditure" or "e.-cpenditures" mean any
indi,idual payment or accrued expense. unless it is clear from surrounding circumstances that a series of
pa:'":::1ents or acc,,'''ued expenses are for a single service or product.
C;,) In the case of a controlled committee, an official committee of a political party, or an organization
formed or e."Iisting primarily for political purposes, the amount and source of any miscellaneous receipt.
. (l) If a committee is listed pursuant to subdivision (fl, (g), (j), (k), or (p), the number assigned to the
committee by the SecretarY of State shall be listed, or if no number has been assigned, the full name and
$!:"eet address of the treasurer of the committee.
(m) In a c:u:1paign statement filed by a committee supporting or opposing more than one candidate or
measure, the amount of expenditures of one hundred dollars ($100) or more for or against eacb candidate
or measure during the period covered by the campaign statement and the cumulative amount of
e."\.-penditures of one hundred dollars ($100) or more for or against each · · · candidate or measure.
(n) In a campaign statement filed by a candidate who is a candidate in. both an election held on the first
Tuesday after die first Monday in June and an election held on the first Tuesday after the first Monday
in ~ovember. his or her controlled committee, or a committee primarily fonned to support or oppose such
a cl!.."ldidate, the total amount of contributions received and the total amount of expenditures made for the
pe...;od Janua."1' 1 through June 30 and the total amount of contributions received and e..'Cpenditures made
for the period July 1 through December 31.
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GOVERNMENT CODE
(0) The full name. residential or business address, and telephone number of the filer, or in the case of a
campaign statement filed by a committee defined by subdivision (a) of Section 82013, the name, street
address, and telephone number of the committee and of the committee treasurer. In the case of a
committee defined by subdivision (b) or (c) of Section 82013, the name that the filer uses on campaign
statements shall be the name by which the filer is identified for other legal purposes or any name by
which the filer is commonly knO\\11 to the .public.
(p) If the campaign statement is filed ~y a candidate, the name, street address, and treasurer of any
committee of which he or she has knowledge which has received contributions or made e),:penditures on
behalf of his or her candidacy and whether the committee is controlled by the candidate,
(q) A contribution need not be reported nor shall it be deemed accepted if it is not cashed, negotiated,
or deposited and is returned to the contributor before the closing date of the campaign statement on
which the contribution would otherwise be reported.
(r) If the campaign statement is filed in connection ~ith the qualification of a measure, it shall contain
the information required by paragraphs (1) to (4), inclusive, of subdivision (j) for each person who has
directl)., indirectly, or through an intermediary received payments cumulatively totaling one hundred
dollars ($100) or more for circulation of petitions to qualify a measure for the ballot.
(s) If a committee primarily formed for the qualification or support of, or opposition to, an initiative or
ballot measure is required to report an eJ.-penditure to a business entity pursuant to subdivision (j) and 50
percent or more of the business entit;y is owned b;y a candidate or person controlling the committee, by an
officer or employee of the committee, or by a spouse of any of these individuals, the committee's
campaign statement shall also contain, in addition to the infonnation required by subdivision (j), that
person's name, the relationship of that person to the committee, and a description of that person's
ownership interest or position with the business entity.
(t) If a committee primarily fonned for the qualification or support of, or opposition to, an initiative or
ballot measure is required to report an e:>..-penditure to a business entity pursuant to subdivision (j), and a
candidate or person controlling the committee, an officer or employee of the committee, or a spouse of
any of these individuals is an officer, partner, consultant, or employee of the business entity, the
committee's campaign statement shall also contain, in addition to the information required by subdi\.ision
(j), that person's name, the relationship of that person to the committee, and a description of that person's
ownership interest or position with t~e business entit:y,
(u) The information required by Sections 84216 and 84216,5,
(v) If the campai~ statement is filed by a committee. as defined in subdivision (b) or (c) of Section
82013, infonnation s 'ficient to identify the nature and interests of the filer. includinf'-
(1) If the filer is an individual. the name and address of the filer's emplover. if anv. or his or her
principal ulace of business if the filer is self-employed, and a descriotion of the' business 'acti\.it\' in which
the filer or his or her employer is eng'ag'ed,
(2) If the filer is a business entity, a description of the business activity in which it is eng'ajred.
(3) If the filer is an industry, trade, or orofessional association, a descriotion of the industrv. trade. or
profession which it represents. including a specific desc:riotion of any portion or faction of the industry,
trade. or profession which the association exclusively or Primarily represents,
(4) If the filer is not an individual. business entity. or industry, trade. or professional association, a
statement of the person's nature and purooses, includimo: a description of anv indusO'V. trade, profession,
or other group with a common economic interest which the person principally represents or from which
its membership or financial support is principally derived.
(Amended by Stats,1993, c, 1140 (S.B.23l), S 1.)
Article 3
PROHIBITIONS
Section
84305.5. Slate mailers, requirements,
United States Supreme Court
Conmbutions or expenditures b)' corporations to iniIu- D,S. 765, 55 L.Ed.2cl 707, rehearing denied 98 S,Ct. 3126,
ence election, statutolJ' prolubitions. see First Nat. Bank 438 U.S. 907, 57 L.Ed.2d 1150,
of Bosum v, Bellotti, U.s.Mass.l978, 98 S,Ct. 1407, 435
Additions or changes indicated by underline; deletions by asterisks * * *
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GOVERNMENT CODE
S 84305. Mass mailings; requirem~
Violations, see Elections Code i 18303,
1- Validity
Griset v, Fair Political Practices Com'n
1992) 12 CaLRptr.2d 249, 9 CaLApp.4tl1
App.4tl1 1060. 20 CaLApp.4th 1114. 2S C~
[main volume] review granted and opinion
CaLRpU'.2d 893, 843 P.2d 1208. affirmed <
659, 8 Cal,4th 851, 884 P.2d 116, certior:J
S.Ct. 1794, 131 L,Ed.2d 722-
Government code section requiring that
public office identify themselves on 'llnY
they send to prospective voten does n,
Amendment rights of candida~ or cane
S 84305.5. Slate mailers, requireme
(a) No slate mailer organization or
ballot measures shall send a slate ma
(1) The name, street address, and c
to support or oppose one or more ballo
on at least one of the inserts include'
v;hich shall be in a color or print v;~,
office box may be stated in .' f tl
the committee primarily fo ' .
record with the Secretary'
(2) At the top or bottom of the frOl
side or surface of a postcard or other ,
which shall be in a color or print whit
printed or draVo11 box and set apart
following statement:
THIS DOCUMEh"T WAS PR:
primarily fonned to support 0:-
POLITICAL PARIT ORG.~'I\
imply endorsement of others a.
opposition to, any issues set b
each candidate and ballot me<'-'
(3) The name, street address. and
to support or oppose one or more bai
by paragraph (2) may appear on the
(4) Each candidate and each ballo', -
an .. Any candidate or ballot meas~:
by an ..
The · required by this subdivisio
legibility as is used for the name 0:
advocated to which the · designatio:,
than 10-point boldface type. The de,
name or number and position advocat
of candidates and measures. If ther'
least S-point boldface type, immediate
position advocated on the ballot met-
, (5) ,The name of anr caAle a~
diffenng from the politi~ wI':
Additions or changes i
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ORDINANCE NO. - 96
AN ORDINANCE OF THE CITY OF DUBLIN
***************
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING
CHAPTER 2.28 OF THE DUBLIN MUNICIPAL CODE
RELATING TO CAMPAIGN CONTRIBUTION
LIMITATIONS FOR ELECTIONS
TO TAKE EFFECT IMMEDIATELY
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS:
SECTION 1.
Section 2,28.030 Amended -- Contribution Limit Revised
Subsection A of Section 2.28.030 of the Dublin Municipal Code is amended to read as
follows:
"A. No person shall make any contribution or contributions to a candidate or
committee which exceed the cumulative amount of three hundred dollars ($300),
nor shall any such contribution or contributions which exceed the cumulative
amount ofthree hundred dollars ($300) be accepted by any candidate or
committee from any person with respect to a single election,"
SECTION 2.
Section 2,28.040 Amended -- Declaration re Compliance
Subsection A of Section 2.28.040 of the Dublin Municipal Code is amended to read as
follows:
"A. To ensure full compliance with this chapter, each candidate shall execute a
declaration under penalty of perjury on a fonn provided by the City Clerk stating
that such candidate did not receive any contribution or contributions totaling more
than three hundred dollars ($300) from any person with respect to an election."
SECTION 3.
Disclosure of Amounts in Excess of $25
Section 2.28.040 is added to the Dublin Municipal Code to read as follows:
"\\Then filing the Campaign Statement required by Article 2 of Chapter 4 of Title
9 of the Government Code, commencing with Section 84200, each candidate for
the office of Mayor and Councilmember shall include in such Campaign
1
Alternate Version
EXHIBIT 6
.:
Statement the same infonnation required by subdivision (f) of Government Code
section 84211 for contributions (including loans) in excess of $25 received from
any person."
SECTION 4.
Renumbering
Section 2.28.040 of the Dublin Municipal Code, entitled "Filing of Verified Declaration"
is remunbered as "Section 2~8.050," and Section 2.28.050, entitled "Violation Penalty" is
renumbered as "Section 2.28.060."
SECTION 5.
Severabi1itv
If any part of this ordinance or the application thereof to any person is held invalid, the
remainder of the ordinance and the application of such provision to other persons shall not be
affected thereby.
SECTION 6.
Immediate Effect
This ordinance imposes restrictions on monetary contributions to candidates for office at
municipal elections and thus relates to an election. Pursuant to Government Code section
36937(a), this ordinance shall take effect immediately.
SECTION 7.
Posting
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three
(3) public places in the City of Dublin in accordance with Section 36933 of the Government Code
of the State of California.
':,
2
Alternate Version
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PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin on this
_ day of _, 1996, by vote as follows:
AYES:
NOES:
ABSENT:
t
ABSTAIN:
MAYOR
ATTEST:
CITY CLERK
J:\\\'PD\MNRSW\114\ORD\CAMPAlGN.ALT
"
;)
Alternate Version