CCMIN 04202021 - Laserfiche WebLink

confirmed a mayoral candidate could spend $50,000 in the time a City Council candidate spends $15,000 because of the two mayoral election cycles over four years. In response to Councilmember Narum's inquiries, Assistant City Attorney Seto confirmed the definition of "person" would include a Political Action Committee (PAC) and be subject to the $1,000 voluntary contribution limit. She advised there is a situation where a PAC independent of a candidate can make its own expenditures. She confirmed it would be permissible for an individual to give $1,000 to a candidate and $1,000 to a PAC which in turn gave the money to the same candidate so long as the PAC is not controlled by the same candidate. In response to Councilmember Narum's inquiries, Assistant City Attorney Seto clarified there are no limits on what an individual can spend in support of a candidate independently however there are reporting requirements requiring disclosure papers if the sum is over $1,000. She confirmed an individual theoretically could independently place a $950 ad for a candidate in the local newspaper without having to disclose they did it. In response to Councilmember Narum's inquiries, Assistant City Attorney Seto clarified the City's proposed voluntary contribution limits are designed to match State law so the election period for a 2022 election would be defined as January 1, 2021, to December 31, 2022. She confirmed the election period for a 2024 Councilmember's election would be defined as January 1, 2021, to December 31, 2024. In response to Councilmember Testa's inquiry, Assistant City Attorney Seto confirmed independent outside spending limits would remain unchanged. In response to Mayor Brown's inquiries, Assistant City Attorney Seto confirmed a Councilmember would have four years to accept up to $1,000 in contributions but a Mayor would have two years. She confirmed staff is recommending a $1,000 donor to a 2020 campaign could give $1,000 again for the candidate's next campaign mirroring the applicable State law. She advised it is the next election cycle where unspent monies could count against repeat donors. In response to Mayor Brown's inquiries, Assistant City Attorney Seto confirmed the current voluntary expenditure limits are not subject to enforcement. She advised non-voluntary expenditure limits have been challenged in court which is why the 2008 introduction of the City's expenditure limits made clear they are voluntary and not subject to any penalties. She noted staff does not track the limit but advised the court of public opinion would track excessive expenditures. She confirmed that if a candidate received more than $1,000 in contributions from an individual it would be their responsibility to return the excess funds. Mayor Brown opened public comment. Jan Batcheller expressed confusion over the time being spent on this matter. She advised that those with the largest expenditures do not always win the elections and noted incumbents have a giant advantage. She suggested for equity having a limit for incumbents but not new candidates running for the first time. She questioned why a mayoral candidate needs more than a City Council candidate. Herb Ritter expressed disapproval of capping new candidates from fundraising to get their message out. He reported a new candidate has not defeated an incumbent since Ben Tarver in 1988. He noted he lost as a first-time candidate in 2016 even after raising $40,000. He urged City Council to stop making more rules and to start enforcing the current ones. He expressed support for $1,000 per donor to eliminate big-money interests and transparency but urged City Council not to discourage new candidates by restricting their ability to get their messages out. He suggested capping incumbents but not new candidates. He urged the Council to follow State law and not over-regulate campaigns even if voluntary. City Council Minutes Page 5 of 15 April 20, 2021