CCMIN121807 - Laserfiche WebLink

Councilmember Thorne asked and confirmed with Ms. Seto that language could be written to mandate that the only money spent during the last 5 days would be the only thing a candidate could pay for after the election. Mayor Hosterman said because of absentee ballots, more people are reaching out sooner rather than later. Councilmember Thorne said he wanted to try and address accumulating campaign debt over the entire campaign and then not paying for it until the election is over. He was also trying to address hit pieces at the last minute, and confirmed language could be written to mandate that the only money spent during the last 5 days could be in response to a hit piece or for items for that election. Councilmember McGovern said if a hit piece is sent out by a committee, PAC or candidate, candidates should have the ability to respond and she agreed language should be included in this instance. Ms. Seto said given all options, there are some legal limitations of contribution limits. Other cities have provisions where refunds can be given if a limit is exceeded without penalty, as there may be several instances where candidates are raising money and the treasurer finds too much is raised after the fact. She said also limiting an amount a candidate can give themselves or to their own campaign is not allowed. There is also the issue that the contribution limits can apply to independent or PAC committees that independently support or oppose candidates or ballot measures. The organizations are independent and would not be subject to these limits. Councilmember Sullivan questioned if this had recently been challenged, and Ms. Seto said some communities have adopted a requirement that if a PAC makes a contribution to a candidate, that committee is subject to the limit. In conclusion, Assistant City Attorney Seto recommended introduction of the ordinance to require electronic filing of campaign statements by both candidates and committees and for Council to indicate if there is interest in pursuing the voluntary expenditure limit, how to calculate it, when the candidates must take the pledge, and how to accumulate what is spent during that period. Staff also would seek direction on contribution limits; selecting the amount of the limit and defining the election period. City Clerk Karen Diaz referred to the pledge and said at the time a candidate takes out nomination papers, a binder of information is provided that includes a voluntary Code of Fair Campaign Practices as required by the State Elections Code, which is filed with the candidates nomination papers. Councilmember Sullivan asked for a discussion on the local and statewide committees and what differentiates who must file with the City Clerk versus filing with the State. Ms. Seto said under regulations adopted by the FPPC and Elections Code, there are committees focused solely on local candidates--Pleasanton Council candidates or Pleasanton ballot measures. Those committees must file with the City Clerk's office and those would be the ones recommended to do electronic filing. The larger committees that have statewide activity or countywide activity are required to file directly with the Secretary of State's office, and the City of Pleasanton cannot require them to file with the City. Councilmember McGovern confirmed with Ms. Seto that a link and an explanation could be provided on the City website with links the Secretary of State's website. City Council Minutes 5 December 18, 2007