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HomeMy WebLinkAboutBOCC Packet 04252012 Campaign FinanceBOCC SPECIAL MEETING APRIL 25, 2012 FIRST READING ON ORDINANCE ENACTiNG NEW TITLE 4 OF THE PITKIN COUNTY CODE, RELATING TO CAMPAIGN FINANCE REGULATIONS APPLICABLE TO COUNTY CANDIDATES, POLITICAL COMMITTEES AND ISSUE COMMITTEES�AND CLARIFYING THE RELATIONSHIP BETWEEN STATE CAMPAIGN FINANCE LAW AND PITKIN COUNTY CAMPAIGN FINANCE REGULATIONS AS SET FORTH !N SQID TITLE 4 AND IN THE PITKlN COUNTY HOME RULE CHARTER Pitkin County Issue Committee 2005-2011 submitted by Dwight Shellman during this hearing. 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Q U w W W O in w w W w_ a Q W W 0> w a Z W a m i a� � a � a z w�� a X� N a� z Z Q�� � Qa � O w � � m� 0 Q� t�i� vu'i _ � W W H 0 O � � � oc � W CJ C' Z O Z m W a LL W W O W� LL O O �»aGao�'-'�z�zk�"-azz � o z o W o� g z z Q o o g W c� W W �� J 7 O��� O J F� N J W 0 N N O Q w Q oc Q LL O W W Z W� O S F�� l7 tn x v) a vf ¢ CJ > x w> m CJ F v� lJ U AGENDA ITEM SUMMARY REGULAR MEETING DATE: AGENDA ITEM TITLE : STAFF RESPONSIBLE: ISSUE STATEMENT: April 25, 2012 Campaign Finance Ordinance Janice K. Vos Caudill, Clerk and Recorder Dwight K. Shellman III, Election Manager Should the Board adopt an ordinance clarifying that the campaign finance provisions of the Pitkin County Home Rule Charter ("HRC") §6.6 applies only to: • candidates for elective office of Pitkin County ("county candidates") • county candidate committees; • political committees supporting or opposing candidates for county office, and; • issue committees supporting or opposing ballot issues or questions referred to or initiated by county electors in their capacity as such; so that all other filing entities currently subj ect to state regulation, including county political parties, will remain subj ect to all applicable provisions of state campaign finance law and oversight by the Colorado Secretary of State`? BACKGROUND: 1. June 21, 2011 Work Session: At a work session on June 21, 2011, the Board opted to clarify the scope of the campaign finance regulations contained in HRC § 6.6, and their relationship with state campaign finance law, by adopting an ordinance rather than referring to county electors a proposed charter amendment for the 2011 Coordinated Election ballot. It was anticipated that a draft ordinance would be presented for the Board's consideration in early 2012. 2. February 28, 2012 Work Session: At a work session on February 28, 2012, the clerk and election staff submitted an initial draft of a proposed Ordinance for the Board's consideration. Members of the public and the Board raised the following points: Re�istration and disclosure thresholds for county issue committees: Commissioner Richards expressed the view that the reporting threshold for county issue committees should be the lowest possible dollar amount that will withstand constitutional scrutiny. Coordinated expenditures by political parties on behalf of county candidates: The chairpersons of the county Republican and Democratic parties expressed concerns about the fact that HRC § 6.6 treats a party's coordinated expenditure on behalf of a county candidate as a contribution by the party to the candidate, subj ect to the $ 5 00 contribution limit. Members of the Board also expressed concern about the blurry demarcation between coordinated and independent expenditures. Direct contributions b, county political parties to county candidates: Election staff indicated it may be necessary to prohibit county party's from making direct contributions to county candidates, under the following reasoning: o Unlike state law, Pitkin County prohibits any person from contributing more than $500 to a county candidate for any given election; o If county political parties contribute more than $500 to a county candidate, the political party will have violated Pitkin County's contribution limit; o One obj ective of the ordinance is to clarify that county parties are subj ect to the regulatory oversight and enforcement authority of the Secretary of State; o The Secretary of State does not have constitutional or statutory authority to enforce Pitkin County's contribution limits, or any campaign finance provision other than those established by state law. • Coordination with Secretary of State's Office: Election staff advised the Board that efforts . were underway to schedule a telephone conference call with county election staff, campaign finance staff of the Secretary of State's office and the county party chairs to obtain approval in advance of the proposed Ordinance, to the extent possible. The Board strongly encouraged this effort to coordinate with state officials. 3. March 23, 2012 Conference Call with Secretary of State: On March 23rd, the clerk, election staff and the county party chairs participated in a conference call regarding the proposed Ordinance with Secretary of State Scott Gessler, Campaign Finance Lead Stephen Bouey and other representatives of the Department of State on March 23rd. Secretary Gessler reiterated that he remains amenable to the general approach of the proposed ordinance. The Secretary also made several drafting suggestions, including: Delete the mandate that filing entities other than county entities comply with state law, because Pitkin County ultimately has no constitutional authority to require other filing entities to do anything (because by definition they do not affect the organization and structure of county government). In lieu of the objectionable mandate, add language to the effect that the Pitkin County's ordinance is concerned with county entities only, and no others; Revise the definition of "county issue committee" to eliminate references to the capacity of Pitkin County electors; • The idea of flatly prohibiting county political parties from making direct contributions to county candidates is constitutionally suspect because political parties are voluntary associations with at least as many rights as political committees and the HRC does not prohibit political committees from making such direct contributions. Secretary Gessler recommended an alternative approach to resolve this issue that permits county parties to make direct contributions to county candidates up to the limit of $500 per election, provided that they do so from a separate, segregated fund, all activity in which shall be exclusively subj ect to the campaign finance provisions of the HRC and the proposed ordinance. LINK TO STRATEGIC PLAN: Core Focus Area: Prosperous EconomY Success Factor 3: Hi�h performin� Count_y leaders, teams and emplo_yees: "Encourage high standards among county officials, administrative and elected, in conjunction with state agencies, to further understand county operations involving similar work to promote best practices, innovation and efficiencies." KEY DISCUSSION ITEMS: A revised Ordinance incorporating Secretary Gessler's suggestions and all but one of the Board's directives is attached as Exhibit A. Two sub stantive i s sue s de serve separate tre atment here : 1. Re�istration and reportin� thresholds for county issue committees: The Board seemed to reach consensus that these registration and reporting thresholds should be the lowest, constitutionally permissible amounts. • The most pertinent judicial guidance on this issue is ►Saynpson v. Buesche�, 625 F.3d 1247 ( l Oth Cir. 2010). In that case, a group of neighbors opposing a proposed municipal annexation expended $728 on yard signs and mailings. This amount exceeded the $200 registration threshold, and the $20/contribution disclosure threshold, of state law. The group also spent over $1100 in attorney's fees in connection with an enforcement action under state law. A stipulated settlement of the enforcement action was on the verge of being entered into when the annexation opponents commenced a federal lawsuit challenging the constitutionality of the registration and reporting thresholds. The federal court of appeals held that the thresholds imposed a significant burden on plaintiff's rights of association, and were not narrowly drawn to further a compelling governmental interest. • Under ►Saynpson v. Buesche�, we know that statutory thresholds of $200/$20 are too low, and that a registration threshold of $728 is also too low. The court's language strongly indicates a$1,000 threshold is too low. The court of appeals did not provide definitive guidance regarding constitutionally permissible thresholds, and instead stated: We do not attempt to draw a bright line below which a ballot-issue committee cannot be required to report contributions and expenditures. The case before us is quite unlike ones involving the expenditure of tens of millions of dollars on ballot issues presenting "complex policy proposals." [Citation omitted] . We say only that Plaintiffs `cont�ibutions and expenditu�es a�e well below the line. (Emphasis added). • As noted in the Agenda Item Summary for the February 28th work session, the Secretary of State promulgated an emergency rule in early 2011 raising the registration threshold for issue committees under state law to $5,000.1 The rule was intended to provide a substitute threshold to replace those invalidated by the federal court of appeals in ►Saynpson v. Buesche�. It is likely that the Secretary and his staff focused on the "well below the line " language of the quoted text in establishing the new, higher threshold. • The clerk and election staff do not possess a crystal ball here. The most conservative approach is for the Board to adopt the $5,000 threshold proposed earlier this year by the Secretary of State. The Board is free of course to adopt a lower threshold, but election staff strongly recommends that the threshold be well above $1,000 (e.g., �$2,500`?) due to the language in ►Saynpson v. Buesche�. 2. The attached revised draft does not incorporate the request of Board and the party chairs to better delineate the line between coordinated and independent expenditures, for the following reasons: • Since 1980,2 the HRC has defined the term "person" to mean "any individual, partnership, corporation, association, firm, coynynittee, governmental entity, o� othe� o�ganization o� g�oup of pe�sons (howeve� o�ganized,." [Emphasis added.] Political parties are clearly included within the scope of this definition. • Since 2002,3 HRC § 6.6.4 has required persons making coordinated expenditures in excess of $250 to report them within one week, and within 24 hours if made within 8 days of the . e ection. • Since 2002, the HRC has defined a"coordinated expenditure" as "an expenditure made by any person in coordination, cooperation, consultation, or concert with — or at the request or 1 The Denver District Court held the emergency rule to be invalid as exceeding the Secretary of State's rule-making authority in Colo�ado Colnlnon Cause v. Gessle�. The Department of State has appealed that decision. Although the temporary rule was incorporated as Rule 4.1 in the re-codified Campaign and Political Finance Rules (which became effective on a permanent basis on March 30, 2012), the Secretary has stated publically that the Department of State will not enforce the new rule unless and until the Denver District Court's decision in Colo�ado Colnlnon Cause v. Gessle�. No legislative efforts in the General Assembly are known to be underway to address the federal court of appeals' invalidation of issue committee registration and reporting thresholds under state law. As a result of all of the foregoing, apparently there are no enforceable registration and reporting thresholds for issue committees under state law at the present time. � BOCC Resolution 80-47. ., ' BOCC Resolution No. 151-2002 at 3. 4 suggestion of — a candidate or agent of a candidate. Coordinated expenditures are treated as contributions, and count against the contribution limitations set forth in section 6.6.2 of this Charter." • The concept and implications of coordinated contributions are not new in Pitkin County. Political parties and all other persons have been subject to these rules for at leastl0 years. Election staff is unclear how the Board can lawfully adopt an ordinance that weakens or diminishes the coordinated contribution concept of a Home Rule Charter provision adopted by vote of county electors. BUDGETARY IMPACT: No budgetary impacts are anticipated. RECOMMENDED BOCC ACTION: The Clerk and election staff request the Board to consider the attached revised Ordinance and provide such guidance as it deems appropriate for further legislative refinement in advance of its second reading, now scheduled for the Board's regular meeting on May 9, 2012. ATTACHMENTS: Exhibit A Revised Ordinance adding new Title 4 to Pitkin County Code AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, ENACTING NEW TITLE 4 OF THE PITKIN COUNTY CODE, RELATING TO CAMPAIGN FINANCE REGULATIONS APPLICABLE TO COUNTY CANDIDATES, POLITICAL COMMITTEES AND ISSUE COMMITTEES, AND CLARIFYING THE RELATIONSHIP BETWEEN STATE CAMPAIGN FINANCE LAW AND PITKIN COUNTY CAMPAIGN FINANCE REGULATIONS AS SET FORTH IN SAID TITLE 4 AND IN THE PITKIN COUNTY HOME RULE CHARTER ORDINANCE NO. - 2012 RECITAL S WHEREAS, the electors and governing boards of home rule counties are vested by article XIV, § 16 of the Colorado constitution, and the Colorado Home Rule Powers Act, §§ 3 0-3 5-101 to 906 of the Colorado Revised Statutes ("C.R.S."), as amended; with the constitutional and statutory authority to adopt home rule charters and enact ordinances, respectively, establishing the organization and structure of county government; WHEREAS, the manner of electing county officers and of financing political campaigns supporting or opposing candidates for county office and ballot issues and questions referred to or initiated by county electors in their capacities as such, are matters affecting the organization and structure of county government and therefore are within the constitutional and statutory authority of county electors and the governing board to regulate by duly adopted home rule charter or ordinance; WHEREAS, Pitkin County has been organized and operating as a home rule county by virtue of the adoption of the Pitkin County Home Rule Charter (the "Charter") on March 21, 1978; WHEREAS, on November 4, 1980, the electors of Pitkin County approved the addition of Home Rule Charter section 6.6, establishing unique campaign finance regulations for county candidates and political committees supporting or opposing their election, which regulations were substantively distinct from the state campaign finance law, then known as the Campaign Reform Act, applicable to candidates in statutory counties and for offices above the county level; WHEREAS, as a result of its status as a home rule county, Pitkin County has a thirty-two year tradition and culture acknowledging the value and importance of transparency and disclosure in the financing of campaigns in local elections; WHEREAS, continual amendments and revisions to the constitution and applicable statutes of the State of Colorado since 1980 have introduced ambiguity and uncertainty in the interrelationship between the campaign finance regimens of Pitkin County and the State of Colorado; WHEREAS, the purpose of this Ordinance is to clarify the scope of the campaign finance applicable to certain campaigns active in Pitkin County elections as set forth Charter § 6.6, and their relationship to companion provisions of state law. EXHIBIT A- Revised Campaign Finance Ordinance - Page 1- 04/25/2012 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, that the Pitkin County Code is hereby amended by the addition of a new Title 4, which shall read as follows: TITLE 4 Campaign Contributions and Expenditures SECTIONS: 4.10 Adoption and General Applicability of State Campaign Finance Law; County Definitions 4.20 Limits on Contributions to County Candidates 4.30 Disclosure of Coordinated and Independent Expenditures 4.40 Disclosure by County Entities 4.50 Penalties for Violations 4.60 Action by Board of County Commissioners 4.10 Adoption and General Applicability of State Campaign Finance Law; County Definitions A. Except as otherwise specifically provided in this Title 4, the following provisions and compilations of state law, as the same presently exist and as they may be in the future amended, and any successor provisions thereto (collectively referred to hereafter as "state campaign finance law"), are hereby adopted and shall apply to all elections conducted in the County by the Clerk and Recorder: 1. Article XXVIII of the state constitution; 2. The Fair Campaign Practices Act, C.R. S. §§ 1-45-101 et seq. ; 3. The Election Rules Concerning Campaign and Political Finance promulgated by the Colorado secretary of state. B. Except as otherwise specifically provided in this Title 4, and unless the context clearly requires otherwise, all terms used herein shall have the definitions and meanings ascribed to them by state campaign finance law. � � �� � � � � � � � � � Y Y Y � Y � � � Y � �. � � �� � �� � � � � � . . �� ��. ��� ���� �w��.�� �. �.�� ���� . � �:�. � �.�.� ��.�. �w� �.��. �, � ��.. ���.�.�� �.���. . � � � �.�.. �����..�, :�..�,.��� ��� ������� �� � � ., ,� � � � � � � �� � � �� . . � ... Y Y..Y . 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Notwithstanding any provision of state campaign finance law to the contrary, the �������������������������������������������������������������������������������������������������������������������������������������������������������������������������� following terms shall have the following meanings for purposes of the remaining provisions of this Title 4: 1. "Appropriate officer" means the Clerk and Recorder with respect to county candidates, county candidate committees, county issue committees and county political committees, and the appropriate officer designated by state campaign finance law with respect to all other persons and entities. 2. "Board" means the Pitkin County Board of County Commissioners; 3. "Coordinated expenditure" means an expenditure made by any person in coordination, cooperation, consultation, or concert with - or at the request or suggestion of - a candidate or agent of a candidate. Coordinated expenditures are treated as contributions, and count against the contribution limitations set forth in Section 4.08 of ����������������������������������� ������ Charter. 4. "County ballot issue" means a matter arising under article X, section 20 of the state constitution that is referred by the Board ���w� ������������ � �����.� �����;�� �� �� ��� �������� ����:� � � ������� �� ���������� ������� � ��� � � �� ��� � � .� � �� � Y Y � � Y Y � � Y Y � � � � . . � �. � � �� �� � :�..� � �.� �.� � � � �� �� �� � �� �w�� �� �.� �. ���w� � �.� �:°� � �� �� ' �°:�� �� � �� � � � � � � � �� � �.� � � �; � � � �� � � � �� �� � � � � �w� � � � � � � . ;�.������ ' � Y� � � � � �� �� ������ �w� ��� �, ��� �.� ����� � ��� ��� �������� ����.� 5. "County ballot question" means a matter, other than a ballot issue, that is referred by the Board to or initiated by electors of the County ��� ��� ��� �� ���� ���� f�;�� ���� ��� ����� � Y � Y � � � � � � Y � � Y� � � �...�� � � � - � � �� � � . � . � �. ���w�� ���� � ���w��.�� �.�� ���� �w���� �. ���w����� ���� ���.� ��� �����w��� ���w���� �.�� �����.������� ��:� ��� � ��� ���. � � � Y' � � �. ��, �.������� f ����� � ��� ��� �������� �� 6. "County candidate" means a candidate, as defined by state campaign finance law, for election to the office of County Commissioner, Sheriff, County Clerk and Recorder, or County Assessor of Pitkin County, or seeks to be retained as judge of the Pitkin County court. A person becomes a county candidate upon: a. The filing of nominating petitions with the Clerk and Recorder as p �� rovi e in �:� � ��.���� � ��: �� ��� ��� Section 6.2.1 �� � �� . � �� ��� ��� or otherwise publicly announcing an intention to seek nomination or election to a County elective office or retention of a County judicial office, and b. Receiving a contribution or making one or more expenditures in support of the candidacy. A person remains a county candidate for purposes of this Title 4 so long as the county candidate maintains a county candidate committee. A person who maintains a county candidate committee after an election cycle, but who has not publicly announced an intention to seek election to public office in the next or any subsequent election cycle, is a county candidate for purposes of this Title 4. EXHIBIT A- Revised Campaign Finance Ordinance - Page 3- 04/25/2012 7. "County candidate committee" means a candidate committee, as defined by state campaign finance law, established or maintained under the authority and to support the election of a county candidate. A contribution to a county candidate shall be deemed a contribution to the applicable county candidate committee. A county candidate shall have only one county candidate committee. A county candidate committee shall be considered open and active until affirmatively closed by the county candidate or by action of the Clerk and Recorder. 8. "County entities" means county candidates, county candidate committees, county • • ��� � ����� � �� �. issue committees ����� �� ��� ��� � � � ��w������ � ���� ��� �� �w���������� �� �� ����� � � � ��w���������� . ��� �������� ������� �� � �� ��� . �������������. �� � `� �������� ����� �� ��� ����� ����. .... .... .... .... .... .... ....� �.... .... .... � ... � .... .... .... .... ... .... .... � .... .... � �.... .... .... �.... .... .... �� �� � . ,� ��� � �� ������ � �� � �� �� �� ����� ���� � �� � � �� � � �� �� � �� � �� �� � �� �� � �� �� � �� �� ��� � � �� �� � �� � �� �� .� � � � � ����� �� . . ��� ��w������ ���� ��� �� � �� ��� ��� ���� ���� ��� � �� ���� � ��w������ �� ���� ���� � ���� �������� � �� � � � � � � �� �� � �� � � � � � ��� ��� � �.� � � � �� �� � � �� � �� � � � � � �� � � � � � � � � � � � � � ��� � �� �� � � � � �� �� � � � ��� � � � �� �� � � �� � � � � ��� w � ��� � Y ��� • �� . ��� . �� � � � � � �� � � ,� �� . � � �� ��� � � �� �� �� � �� �� �� ����� � . 9. "County issue committee" means an issue committee, as defined by state campaign finance law, which supports or opposes any county ballot issue or county ballot question. A county issue committee shall be considered open and active until affirmatively closed by such committee or by action of the Clerk and Recorder. 10. "County political committee" means a political committee, as defined by state campaign finance law, which supports or opposes the nomination or election of one or more county candidates. "County political committee" does not include � � ����� � � �� �� ��������� o l itic al ������� ��� �������� �� �� ������ ������������������������ � ��� � ��� �� - ��������� � � ������� � or c ounty p �.�� � Y� � county issue ���.������������������ ������������� � � ������������ .��������� c andi date �� � � ������������� � ������ �� � �w� ��� ���� � � � . . . � � � `� ����������� . ����� ��� �� � ��� ��� � �� ��� . � ���� � ��� ����������� � ����� �� . � ���� �� �� . � �������� ������ � ������w���. ��������� ��������� ��������� � �������� � ��������� ��������� ���������� ��������� �� ��������� ������� ��� � ������� � �������� �� �������� � ��������� �������� �������� �� �� � ���� ���� � � � � � � � � � � � � � �� �� �� �� � �� � � � � � � �������� ������� ��������� ������������ ���� �� ����������� �. ����������� � ���� � � � �� �������� � ����� � � �������� � ������ �� ������ �� �������� � � ������ � � �� ��� � ��������� ��������� ���������� ������ ��� �� �� ���� ��� � �� �� ������ � �. ������ � � ������� � ���������� ���������� ������� �� � � ��������� � � ���������� � � � �� �� ������� �� ����������� � � . ��������� ���������� � �� ��������� �� � ������ � � �� ��������� � � ��� � �� ����� �� � �� ��������� � �� �������� �� � � ������� ������ �.�� ��__ ��� � ��' ���������� ��� �� � ��'� ������ ����� ���� ������ � .. � � .. �"���� . � ���� .. ������ � ���"��� � �������������� .... .... .... .... .... .... ...� .... .... .... � �.... � ..�. .... � .... ....� .... �.... .... .... .... .... .... .... � �������������� ����� �� ����� � �.��������� � � �.�� �� � �:� ����� �� �� � ��� �� ������� � � . � � � � � w� � � � "State entities" means any person wholly or partially located, residing or operating in the County that, but for this Title 4, would be subj ect to any oversight or regulation under state campaign finance law, other than county entities. 4.20 Limits on Contributions to County Candidates A. cw�� � ��� ���� �� � � �� � �� � ������ �� ���� � � � ���� � �� � ��� ������ � �� � �� �� � �� � �� � ��� �� � � ��� �� � � �� � , . �� �� � � � � �� � � �� �� �� �� �� �w� � � � �� �� � �. � � �� � �� � � � �� � � � � � � � �� � . � �� � � . � ��� � � � � �� � w� �� � � . � ��� any ��� �� �,��cw��� �w�� ,���� � � � � �� � ��. � � � �� � ��� � �� � �� ��� � � � �� �� � . , � � � � � � � � � �� to � �� , c � �� � ��� �� � � �� � � � �� c o unt � � �� � � � y � y � ���� county political committee making can i ate �.��� count can i ate committee or � coordinated expenditures with a county candidate or county candidate committee� � � � � � � � � � � � � . ... Y � � Y � Y � �. � � n � f � � � � � � � � � �, �, �, . � �, � � .�. � , . � �.� ��� � � �. � �... � �. �� � �. �. � � � � � (. ��. �.� � � �. ����. � �� � �. ��. �. � ����. 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All persons making coordinated expenditures with respect to county candidates and county candidate committees, and all persons making independent expenditures with respect to county candidates and county candidate committees in excess of two hundred fifty ($250.00) dollars, shall report the same to the Clerk and Recorder no later than seven (7) days after the date on which such expenditures are made; provided, however, that reporting of such expenditures under this section must be performed no later than twenty-four (24) hours after the time of such expenditures if the expenditure is made in the eight (8) days preceding any election. The report to the Clerk and Recorder required by this subsection shall be in a form approved by the Clerk and Recorder and include the name and address of the person making the expenditure, the amount of the expenditure, a detailed description of the use of the expenditure, and the name of the candidate who the expenditure is intended to support or oppose. B. Failure to comply with the provisions of this subsection shall have no effect on the validity of any election, issue or bonds issued pursuant to law, except as provided in Section 4. � � �� �. 4.40 Disclosures by County Entities: EXHIBIT A- Revised Campaign Finance Ordinance - Page 5- 04/25/2012 A. Filings required by state campaign finance law: All county entities shall file with the Clerk and Recorder all organizational papers, disclosure reports and other documents, and all amendments and corrections thereto, that state entities are required to file with an appropriate officer under state campaign finance law. The filings required by this subsection 4.40(A) shall be made in a form approved by the Clerk and Recorder, and shall be timely made according to the filing schedules for state entities under state campaign finance law, except as otherwise provided by Ordinance adopted by the Board. B. Additional county filings: In addition to the filings required by subsection 4.012(A), the following county entities shall make the following additional county filings: 1. County candidates: Upon becoming a candidate as defined by state campaign finance law, all county candidates shall file with and in a form approved by the Clerk and Recorder, a designation in writing of any county political committees affiliated with, or known to be making expenditures in support of, the county candidate' s campaign. 2. County political committees: Upon becoming a political committee as defined by state campaign finance law, all county political committees shall file with and in a form approved by the Clerk and Recorder, an affidavit of organization demonstrating decision making independence from any county candidate or other county political committee. Any county political committee not filing such an affidavit may not accept any contributions or make any expenditures. • • • g y y •• q' y�� Y �Y .�������� �� � �����w� �� �� ��������� �������� ����� 4. 4 o shaii be C. Time ine s s. A i in s count entitie s re uire t i s �����:����� � �� ������� deemed timely if made at or before the regular close of business of the office of the Clerk and Recorder. 4.50 Penalties for Violations: A. The County Clerk and Recorder shall publish the names of all county entities not in compliance with the applicable provisions of this Title 4 no later than ten (10) days prior to any election, if such lack of compliance is known to the Clerk and Recorder at such time. B. Any county candidate who knowingly or intentionally violates any provision of this section, or who conspires with another to violate any provision of this section, shall, in addition to any other penalties, be denied his/her right to take oath for the office to which he/she was elected, unless he/she has already taken said oath, in which event the office shall be deemed vacated and shall be filled as otherwise provided by this Charter. C. Any person who knowingly or intentionally violates a provision of this Title 4 relating to a county entity is guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding one hundred ($100.00) dollars, or by imprisonment in the County j ail for not more than ten (10) days, or both such fine and imprisonment. EXHIBIT A- Revised Campaign Finance Ordinance - Page 6- 04/25/2012 4.6 Action by Board of County Commissioners The Board is authorized to effectuate, implement and clarify this Title 4 and Charter § 6.6 by subsequent Ordinance, as the Board deems appropriate from time to time. This authority includes without limitation establishing civil penalties for a county entity's negligent noncompliance with any provision of this Title 4; establishing procedures and designating appropriate officers to monitor compliance with and enforce the provisions of this Title 4, and, in the event that any contribution limit or other restriction or provision of this Title 4 is determined to be invalid by final decision of a court of competent jurisdiction, to provide a substitute or replacement limit, restriction or provision therefor. EXHIBIT A- Revised Campaign Finance Ordinance - Page 7- 04/25/2012