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City of Pleasanton
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2008
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011508
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1/8/2008 4:24:00 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
1/15/2008
DESTRUCT DATE
15 Y
DOCUMENT NO
19
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that the election was called for, until sixty days after the date of such special election, to <br />again allow for the payment of late bills and expenses. <br />November 2008 General Municipal Election. If the City Council decides to proceed with <br />the voluntary campaign expenditure limit, this creates a potential conflict with the <br />November 2008 general election, as the recommended election period for a general <br />election would retroactively cumulate expenditures which occurred prior to the new <br />ordinance being in effect. Therefore, staff recommends that for the November 2008 <br />election, a distinct election period be established, from the effective date of the <br />ordinance establishing the voluntary campaign expenditure limit (which would be March <br />6, 2008, if the ordinance is introduced on January 15, 2008, and the second reading / <br />adoption is on February 5, 2008, as the ordinance is in effect 30 days thereafter) until <br />December 31, 2008. <br />Submitting Pledge with Nomination Papers. On December 18th, the Council supported <br />having a candidate submit the voluntary campaign expenditure limit pledge <br />simultaneously with the candidate's nomination papers. Therefore, the attached <br />ordinance includes that requirement in Section 1.22.030.D. <br />As the City Clerk provides informational binders to persons interested in running for <br />local office, this will include the voluntary campaign expenditure pledge, the attached <br />ordinance provides that the number of registered voters for the purposes of calculating <br />the voluntary campaign expenditure limit for a general election will be set as the number <br />in place 150 days before the election. The 150 day period was selected because <br />nomination papers can be filed beginning 113 days prior to the election, and interested <br />persons would be expected to pick up information from the City Clerk prior to that time. <br />As noted above, for a special election, the number of registered voters will be the <br />number most recently reported by the County Registrar's Office to the Secretary of <br />State on the date that the City Council calls for the special election. <br />Violations Not Subject to Penalty. Under the proposed language of Section 1.22.050, <br />any violation of the voluntary campaign expenditure limit is not subject to formal penalty. <br />Public opinion is expected to be more effective in gaining compliance by candidates that <br />make the voluntary pledge, rather than fines or other penalties. <br />Alternatives. As noted above, campaign finance regulation involves the balancing of the <br />First Amendment freedoms of speech and association, as well as kaleidoscope of <br />Federal and State regulations. Therefore, in addition to the staff recommendations <br />outlined above for the adoption of the code of Fair Campaign Practices and a Voluntary <br />Campaign Expenditure Limit, additional alternatives can also be considered which <br />address concerns about transparency of contributions and limits on funds spent to <br />actively campaign for office, as follows: <br />A. Proceed with Requirement to Electronically File Campaign Statements. To <br />provide the public with the greatest amount of information available about <br />donors to candidates for local office, as well as local committees, the City can <br />proceed with the requirement to electronically file campaign statements. This <br />Page 5 of 7 <br />
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