CCMIN011508 - Laserfiche WebLink

In looking at the November 2010 election, staff is considering acut-off date for continuation of expenditures which could continue and they just need to be reported to see if they accumulate toward the limit, which is similar to San Ramon. For the November 2010 election, staff's recommendation is that rather than having it start one day after the election, to wait until the next campaign reporting date, which would be January 1, 2009, which more realistically reflects late receipts. This also lets the average person understand that starting January 1St that the report would show up on July 1, 2009 rather than review two statements and would cover a two year election cycle. Another option could be to start the cycle in the actual year of the election. For the November 2010 election the actual period in which to accumulate expenditures would not start until January 1, 2010, ending on December 31, 2010 to close the books, recognizing the fact that election related expenditures are not happening until the year of the election and they could spend money on materials. Councilmember Sullivan asked if any contributions or expenditures would be posted on the website and Ms. Seto said they would still be posted but they would not cumulate toward the limit. Councilmember Thorne said in the one-year cycle, if someone spends money on charitable contributions, this would not count toward the limit. However, he asked if it would count during the year. Ms. Seto said any expenditures from committees would count. Councilmember Thorne said some people have used their campaign accounts to pay for fundraising dinners and he confirmed those would count toward the limit. City Manager Fialho said if it occurred under Option 2, it would not count. Ms. Seto said they could revise the ordinance for charitable contributions not to count but it would be self-reporting. Councilmember McGovern questioned instead of the last campaign statement which must be done 4 days before the election, this has acut-off of 7 days. If extended to January, she felt it would go against her belief of transparency, as invoices could still come in and was uncomfortable extending it 4 days before the election period. Ms. Seto said staff was not proposing the 4 day period. Councilmember Sullivan said Livermore has a contribution cut-off up to the day of the election and then after the election. If a significant contribution or expenditure was done 24 hours before the election, he confirmed the candidate must file that information within 48 hours of receipt. Livermore has agreed this has been a problem with contribution limits, as they are not allowed to retire debt. Ms. Seto said there were also situations of special elections-because they occur when not anticipated, staff recommends that the limit period would be the date the election is called until 60 days after the election. For the November 2008 election, if candidates have made expenditures, whether Option 1 or 2 is taken, both would have retroactive effect. Staff would recommend for this election that it be from the effective date of the ordinance until December 31, 2008. If adopted tonight, there would be a second reading and it goes into effect 30 days after. Staff's recommendation is that Council adopt the resolution for the voluntary campaign practice pledge, introduce an ordinance to adopt a voluntary campaign expenditure limit in the amount of $1.00 per voter which is indexed for inflation, there would be different election periods in which to accumulate the contributions, that candidates would take the pledge when they file nomination papers and there would be no formal penalties. City Council Minutes 13 January 15, 2008