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15
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2007
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101607
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15
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10/11/2007 1:49:44 PM
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10/11/2007 1:47:54 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
10/16/2007
DESTRUCT DATE
15 Y
DOCUMENT NO
15
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BACKGROUND <br />At its February 20, 2007 meeting, the City Council adopted its 2007-2008 Work Plan, <br />which included "Campaign Finance Issues and Options for Change". This report <br />provides information in response to that Council priority. <br />State law requires that candidates for local office and candidates' committees, as well <br />as committees for local ballot measures, disclose persons and organizations which <br />make contributions to such campaigns, as well as disclose expenditures. (See the <br />Political Reform Act of 1974 at Government Code §§ 81000 et. seq.) <br />State law does allow local jurisdictions to adopt more stringent requirements -which <br />Pleasanton did in 1994 regarding the reporting of contributions. <br />The City's current campaign regulations, set forth in Chapter 1.20 of the Municipal <br />Code, require that any candidate for City office, and that candidate's committee, file four <br />campaign statements listing persons who contribute $25 or more to that candidate's <br />campaign. Similar reporting provisions apply to contributions to committees formed in <br />support of, or opposition to, City ballot measures. These City regulations are stricter <br />than State law, which sets $100 as the contribution reporting threshold, and requires <br />only three disclosure statements during the election period. <br />The City's current regulations do not impose any contribution or expenditure limits on <br />candidates or ballot measures. Contribution limits for local office are expressly allowed <br />by State law. However, expenditure limits are not permitted, as such limits have been <br />found by both Federal and State courts to violate the guarantees of freedom of speech <br />and association. <br />DISCUSSION <br />Limits on Contributions. <br />While placing a limit on a person, organization, business or committee's ability to <br />contribute to a candidate or candidate's committee does raise concerns about freedom <br />of speech and association, Federal and State courts have upheld contribution limits for <br />the purposes of eliminating the appearance of impropriety and actual corruption <br />associated with large contributions. In fact, State law specifically allows the City to <br />enact contribution limits for elections for local office. (See Government Code §85703.) <br />Because concerns about corruption generally do not arise in campaigns regarding ballot <br />measures, as they do not involve a particular candidate, contribution limits for ballot <br />initiatives or referendum are legally disfavored. <br />Similarly, corruption issues do not exist when a candidate makes a contribution to his or <br />her own campaign, so such contributions are regularly exempted from the contribution <br />limits. <br />Page 2 of 6 <br />
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