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01 (4)
City of Pleasanton
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2008
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011508
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01 (4)
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1/11/2008 11:37:20 AM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
1/15/2008
DESTRUCT DATE
15 Y
DOCUMENT NO
01
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Councilmember Thorne asked and confirmed with Ms. Seto that language could be written to <br />mandate that the only money spent during the last 5 days would be the only thing a candidate <br />could pay for after the election. <br />Mayor Hosterman said because of absentee ballots, more people are reaching out sooner <br />rather than later. Councilmember Thorne said he wanted to try and address accumulating <br />campaign debt over the entire campaign and then not paying for it until the election is over. He <br />was also trying to address hit pieces at the last minute, and confirmed language could be written <br />to mandate that the only money spent during the last 5 days could be in response to a hit piece <br />or for items for that election. <br />Councilmember McGovern said if a hit piece is sent out by a committee, PAC or candidate, <br />candidates should have the ability to respond and she agreed language should be included in <br />this instance. <br />Ms. Seto said given all options, there are some legal limitations of contribution limits. Other <br />cities have provisions where refunds can be given if a limit is exceeded without penalty, as there <br />may be several instances where candidates are raising money and the treasurer finds too much <br />is raised after the fact. She said also limiting an amount a candidate can give themselves or to <br />their own campaign is not allowed. There is also the issue that the contribution limits can apply <br />to independent or PAC committees that independently support or oppose candidates or ballot <br />measures. The organizations are independent and would not be subject to these limits. <br />Councilmember Sullivan questioned if this had recently been challenged, and Ms. Seto said <br />some communities have adopted a requirement that if a PAC makes a contribution to a <br />candidate, that committee is subject to the limit. <br />In conclusion, Assistant City Attorney Seto recommended introduction of the ordinance to <br />require electronic filing of campaign statements by both candidates and committees and for <br />Council to indicate if there is interest in pursuing the voluntary expenditure limit, how to calculate <br />it, when the candidates must take the pledge, and how to accumulate what is spent during that <br />period. Staff also would seek direction on contribution limits; selecting the amount of the limit <br />and defining the election period. <br />City Clerk Karen Diaz referred to the pledge and said at the time a candidate takes out <br />nomination papers, a binder of information is provided that includes a voluntary Code of Fair <br />Campaign Practices as required by the State Elections Code, which is filed with the candidates <br />nomination papers. <br />Councilmember Sullivan asked for a discussion on the local and statewide committees and what <br />differentiates who must file with the City Clerk versus filing with the State. Ms. Seto said under <br />regulations adopted by the FPPC and Elections Code, there are committees focused solely on <br />local candidates--Pleasanton Council candidates or Pleasanton ballot measures. Those <br />committees must file with the City Clerk's office and those would be the ones recommended to <br />do electronic filing. The larger committees that have statewide activity or countywide activity are <br />required to file directly with the Secretary of State's office, and the City of Pleasanton cannot <br />require them to file with the City. <br />Councilmember McGovern confirmed with Ms. Seto that a link and an explanation could be <br />provided on the City website with links the Secretary of State's website. <br />City Council Minutes 5 December 18, 2007 <br />
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