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Local Campaign Finance Reform

Case Studies, Innovative and Model Legislation

Foreword

The National Civic League has a long and distinguished history of promoting innovative political reform beginning with our formation by Teddy Roosevelt, Louis Brandeis, and other progressives at the end of the last century. The courageous community leaders who founded the National Civic League developed a model city charter which revolutionized municipal and county government and cleaned up the rampant graft and corruption that had infected major cities.

Throughout its history, the National Civic League has promoted other innovative political reforms, including proportional representation, unicameral state legislatures, and initiative and referendum. More recently, the National Civic League has been involved in voting rights and redistricting issues and was one of the early proponents of "civic journalism". Now, one hundred years after the last Progressive Movement began, the cynicism and disillusionment with the modern political process calls for a new spirit of activism and a new wave of political reform.

This study of local campaign finance reform, undertaken by the New Politics Program of the National Civic League with funding from the Ford Foundation, was in some ways a leap of faith. State and national reformers have known for some time of high-profile examples of local campaign finance reform efforts. Tucson, Seattle, and New York are examples of cities that have explored innovative approaches to campaign finance reform at the local level. But, beyond the few well-known cases, no one had any idea of the scope and breadth of reform activity at the local level.

The National Civic League has always believed that all major social and political reform movements begin at the grassroots level, build momentum, and are eventually codified by the national government. We suspected that there was local activity on campaign financing that was being overlooked by both the national media and the national reform organizations. Our faith in the health and vitality of local, citizen democracy was justified.

This report documents seventy-five local governments that have enacted limits on campaign contributions, campaign spending, or both. Over half of those reforms have been enacted since 1990 and it is likely that there are more reforms out there yet to be discovered.

National campaign finance reform has been repeatedly ignored, filibustered, and killed in Congress over the last decade. At the same time, local elected officials and community leaders are experimenting with innovative ways to reduce the influence of money in local politics and re-engage citizens in elections. This local activism and innovation should give us all hope for the future of reform in America.

Bill Bradley, Past Chairman

National Civic League

*We thank the Ford Foundation for their support that made this publication possible. The opinions in this report are those of NCL solely and do not necessarily reflect those of the Ford Foundation.

Jump to:
Low Contribution Limits Model- Fort Collins, CO
Public Financing Model- Tucson, AZ
Conflict of Interest Model- Westminster, CO
Time Limits Model- Little Rock, AR
Publishing Candidate Compliance- Richland, WA
Small City Model- Alta, UT
Voluntary Reform Model- Chapel Hill, NC

Low Contribution Limits Model

Fort Collins, Colorado

A very basic law that limits contributions, coupled with disclosure, is the most popular reform model at the local level. The amount of the contribution limit varies a great deal depending on the size of the city and the problem that reform attempts to address. The trend in recent years has been toward the adoption of low contribution limits at the state and local level. Several recent court decisions have held that contribution limits of $100 are so low that they unconstitutionally infringe on the rights of citizens to participate in the political process and infringe on the candidate's right to effectively communicate with voters. Ins spite of those decisions, there are still almost a dozen cities that have set their contribution limits at $100 or lower.

At $50, the City of Ft. Collins, Colorado, with a population of approximately 100,000, has the lowest contribution limits in the country. The Ft. Collins City Council originally enacted a $100 contribution limit for city council and mayoral races in 1981. However, in 1986, the council decided to lower the limit to $50 in order to further combat the appearance of corruption in the local political process.

Former mayor Kelly Ohlson wrote the contribution limit law back in the mid 1980's, out of concern that candidates were receiving a few very sizable campaign contributions, which constituted a large percentage of their campaign budget. Because of this, Fort Collins' campaign finance law is designed to prevent a small group of contributors from exerting a large amount of influence over the election process, while at the same time keeping election costs down.

It took the reformers two years to gain a majority on council that would support the reform initiative, but once it passed in 1986, big dollar contributors did not have as direct an effect on the election process as it had had before.

The City Clerk has not received any complaints about the law, or reports of candidates breaking the limits and no candidate or citizen in Ft. Collins has challenged their $50 limit.

CONTACTS
Rita Harris, Deputy City Clerk
300 Laporte Avenue/P.O. Box 580
Fort Collins, CO 80522
(970) 221-6515

Fort Collins, CO

City Ordinance Limits

(a) No person may make contributions or contributions in kind in excess of fifty dollars ($50) to any candidate or any authorized political committee of such candidate. This limitation shall apply to all contributions in kind, whether made directly to a candidate or authorized political committee or indirectly via earmarked gifts passed through an intermediary, except that this limitation shall not apply to:

(1) Contributions or contributions in kind made by a candidate to his or her own political committee;

(2) Independent expenditures made by any person without the cooperation or authorization of, or consultation with, the candidate, an authorized political committee of the candidate or an agent of the candidate, and which are not made in concert with, or at the request or suggestion of, the candidate, an authorized political committee of the candidate or an agent of the candidate;

(3) Monetary loans that are: (a) personally guaranteed in writing by the candidate, the candidate's immediate family or a business entity in which the candidate owns at least five (5) percent; or (b) secured by real or personal property owned by the candidate, the candidate's immediate family or a business entity in which the candidate owns at least five (5) percent; or

(4) The value of volunteer services provided without compensation by individuals volunteering their time on behalf of a candidate or a political committee.

 

Public Financing Model

Tucson, AZ

The voters of Tucson, Arizona adopted one of the earliest and most comprehensive local campaign finance reform measures in 1985.

Tucson is a city of 520,000 people. It has six election wards and a mayor elected at-large. Council members and the mayor serve four-year terms with three council members elected every two years.

Under threat of a citizen initiative in the early 1980's, council crafted their own charter amendment, which was referred to the ballot and adopted with 52% of the vote. Tucson's amendment drew heavily from the pioneering local reform law that had been adopted by the City of Seattle in 1979.

Tucson's law allows candidates to sign a campaign contract accepting overall campaign spending limits in return for public financing. Candidates who sign the contract also agree to limit their person contribution to their campaign to 3% of the spending limit. The spending limit was originally set at 20¢ per registered voter for council races and 40¢ per registered voter in mayoral races. Those amounts have risen slightly pursuant to an inflation factor written into the charter amendment.

In order to qualify for public funding, mayoral candidates must collect 300 contributions of $10 or more in order to qualify for matching funds and council candidates must collect such 200 contributions. The public funding primarily comes from the city's general fund, but the city also attempts to raise money for the program by soliciting contributions through its monthly water billing statements. A 1991 amendment required all leftover campaign funds to be returned to the city election fund up to the amount that repays all public funds. Previously, the law had only required the return of half of the public funds.

The Tucson charter amendment also imposed mandatory contribution limits on candidates. Individuals could give $500 to a candidate and PACs could give $1,000. However, a statewide ballot initiative adopted in 1986 limits contributions from individuals to $300, $300 from most PACs, and $1,510 from "qualifying" PACs. State law supercedes the local charter.

Candidates who participate in the public financing program are audited by an independent auditor selected by the city clerk at the time that they first request public funds in order to verify eligibility. Candidate records are also audited following the election and special audits may also be performed.

A candidate or person who knowingly or intentionally refuses or fails to comply with provisions of the Charter is guilty of a misdemeanor. If the violation is by a candidate, the candidate's name shall not be placed on the ballot. Any candidate who fails to comply with the provisions of the Charter or the conditions of a properly signed campaign contract will be ineligible to receive further public matching funds until the candidate is once again in compliance.

Tucson's reform has now been through six election cycles and seems to have gained wide acceptance from candidates and the public. Almost every candidate now participates in the program by signing the contract and accepting the campaign spending limits.

The city clerk and a leading proponent of the original charter amendment both feel that the law is working well. They believe that campaign finance reform in Tucson has reduced the candidates' reliance on TV advertising and created a more grassroots campaign culture. However, there is some concern about the emergence of independent expenditures and some early discussion about changes to the law that would provide public funds to offset independent expenditures.

Other public financing models include Long Beach and Los Angeles in California and New York City. Seattle's public financing was repealed by a statewide ballot initiative in 1992.

Contacts:
Kathleen Detrick, City Clerk
255 W. Alameda, P.O. Box 27210
Tucson, AZ 85726-7210
(602) 791-4213

Tucson, Arizona

City Charter

CAMPAIGN CONTRIBUTION LIMITATIONS

Contributions Limited

A. Effective with election for City offices in 1987, no person shall make a contribution of more than Five Hundred Dollars ($500.00) to any candidate for Mayor or City Council in any campaign period. A campaign committee may contribute up to One Thousand Dollars ($1,000.00) to any candidate for Mayor or City Council, in the name of such group; provided further that no individual member of such committee shall contribute more than Five Hundred Dollars ($500.00) toward the contribution, nor an aggregate amount of more than Five Hundred Dollars ($500.00) to any candidate whether through a committee contribution or a personal contribution.

B. No candidate for Mayor or City Council shall accept or receive a campaign contribution of more that Five Hundred Dollars ($500.00) from any person or more than One Thousand Dollars ($1,000.00) from any campaign committee during any campaign period.

1. Contributions include monies, loans, debts incurred, property-in-kind, or things having a monetary value incurred or received by a candidate or his agent or other person on behalf of the candidate for use in advocating or influencing the election of the candidate.

2. The limitations imposed by this subchapter shall not apply to contributions by a candidate's own resources to the candidate's own campaign.

3. The limitations imposed by this subchapter shall not apply to independent expenditures. Independent or campaign committee expenditure shall mean an expenditure by a person for a communication expressly advocating the support of or opposition to a clearly identified candidate which is not made with the cooperation or with the prior consent of, a candidate or his agent or a controlled committee of a candidate.

4. The limitations imposed by this section shall not apply to the value of in-kind labor.

 

VOLUNTARY EXPENDITURE LIMITATION

Campaign Contract.

A. Effective with elections for City offices in 1987, a candidate for Mayor or City Council may sign a contract with the City agreeing to abide by limitations on candidate's contributions, limitations on campaign expenditures, and limitations on the use of all contributions as specified in the City Charter in exchange for public matching funds.

B. The campaign contract must be signed by the individual candidate either within thirty days after the individual becomes a candidate or at the time of filing for said office, whichever is earlier.

Candidates' Contribution Limitations.

A Candidate who signs a campaign contract shall make no contributions to their own campaign or campaign committee which in the aggregate exceeds three percent (3%) of the applicable expenditure limit in any campaign period.

Expenditure Limitations.

A. A candidate who signs a campaign contract in accordance with Sec. 1 of the Subchapter shall not, during the campaign period, make expenditures exceeding the aggregate amount of forty cents ($0.40) per city of Tucson registered voter for the Office of Mayor or twenty cents ($0.20) per City of Tucson registered voter for the office of City Council.

B. Independent expenditures, as defined by this Chapter shall not be included in the computation of a candidate's expenditures.

C. The expenditure amounts per City of Tucson registered voter shall be adjusted by the percentage change in the Consumer Price Index as reported by the U.S. Department of Commerce or its successor agency.

D. No more than seventy-five percent (75%) of the eligible expenditure limitation shall be spent through the day of the primary election.

Eligibility for Public Matching Funds.

A. To be eligible to receive public matching funds, a candidate for Mayor or City Council must meet the requirements of the City Charter; and during the campaign period:

1. For the Office of Mayor receive three hundred (300) contributions of Ten Dollars ($10.00) or more;

2. For the Office of City Council receive two hundred (200) contributions of Ten Dollars ($10.00) or more;

B. For purposes of establishing eligibility under this section, only those contributions received from residents of the City of Tucson shall be counted toward the requirement.

C. Candidates must submit evidence of meeting the eligibility requirements of this section to the Office of the Campaign Finance Administrator for verification. Upon verification of eligibility, a candidate who has signed a campaign contract shall be eligible to receive public matching funds; provided that no such funds shall be disbursed to any qualified candidate prior to January 1 of the year in which the candidate election is to be held and, provided further, that any candidate who receives public matching funds and later fails to file for public office or withdraws as a candidate after filing shall, no later than 10 days following such event, return to the election campaign account an amount equal to the public funds disbursed to that candidate.

Public Matching Funds.

A. A candidate who has met the eligibility requirements for public matching funds and who has signed a campaign contract shall be entitled to receive One Dollar ($1.00) in public matching funds for each dollar received during the campaign period from any individual contribution. Neither loans nor the transfers of anything of value other than money to the candidate or the candidate's campaign committee shall be matched with public funds.

B. If following the election wherein the candidate is elected or defeated, the candidate has unexpended campaign funds, one-half of such surplus shall be returned to the election campaign account within ten days of certification of the election.

C.  A candidate who has signed a campaign contract may void the contract within fifteen days after the close of filing, provided, an opponent of that candidate does not enter into a campaign contract pursuant to this subchapter; and provided further, that the candidate returns all public funds received to the election campaign account no later than 10 days following such event.

 

Establishment of an Election Campaign Account.

The Mayor and Council shall establish an election campaign account in the general fund into which shall be deposited such sums as may be appropriated from time to time in the annual budget, gifts and donations made to the City for the support of public election campaign financing, and such sums as may otherwise be appropriated to said account. Money in said account shall be expended from time to time for the purpose of assisting the financing of public election campaigns.

Permitted Use of Public Matching Funds.

A. Public matching funds may be expended only for the receiving candidate's direct campaign purposes such as, but not limited to, purchasing campaign literature or media space or time, mailings, renting campaign headquarters, or paying for campaign headquarter telephones. A candidate who signs a campaign contract may use neither contributions nor public matching funds for indirect campaign purposes such as, but not limited to, providing a candidate's personal support, or for donation to another's campaign. Permissibility of an expenditure of public matching funds shall be determined by the Campaign Finance Administrator.

B. Goods with a value in excess of Two Hundred Dollars ($200.00) any part of which have been purchased with public matching funds and having a useful life extending beyond the end of the campaign period shall revert to the City.

Campaign Finance Administrator - - duties thereof.

A. The City Clerk or other officer appointed by the Mayor and Council shall be the Campaign Finance Administrator. The office of the Campaign Finance Administrator shall not be included in the classified Civil Service.

B. The Campaign Finance Administrator shall be responsible for the management of said office, shall administer the provisions of the subchapter and is authorized to adopt, promulgate, amend and rescind suitable administrative rules and regulations to carry out the policies and purposes of this subchapter. Prior to becoming effective, such rules and regulations shall be approved by the Mayor and Council.

 

Conflict of Interest Model

Westminster, CO

The city of Westminster, Colorado, population 74,623, amended its charter in 1996 to require that city councilors abstain from debating or voting on any issues that directly affect contributor to their campaign who gave more than $100. Two councilors were concerned about issues of growth and development and felt that developers were exercising too much influence over city council decisions. They felt it presented a conflict of interest every time a big campaign contributor appeared before city council seeking city action favorable to their financial interests.

Westminster already had a conflict of interest provision in their city charter that prohibited the granting of city contracts to city employees, elected officials, or their families. It was the idea of the two reform-minded councilors to add a broader, traditional conflict of interest provision for city councilors that would address gifts, employment, and other pecuniary benefits that typically raise conflict of interest questions. However, they also added campaign contributions to the list of pecuniary benefits that would require abstention.

In the late fall of 1996, the Westminster City Council was wrestling with several other issues for the November ballot. As time drew short to certify the official ballot, council found itself in a position where it needed a 6 to 1 or unanimous vote in order to call an emergency session and certify the ballot. The two reformers saw their opportunity and refused to vote in favor of the emergency session unless their reform proposal was also included on the ballot. As a result, Westminster's reform was adopted by the city's voters with over 70% of the vote.

Westminter's charter now specifies that the acceptance by a councilor or candidate for council of a campaign contribution in excess of $100 "shall create a conflict of interest with regard to that Councilor's vote on any issue or matter coming before the Council involving a benefit to the contributing person. . .". Any councilor may challenge the existence of a conflict with another councilor at any time before the vote is taken. A "knowing" violation is misconduct in office, which can be grounds for removal from office.

One of the major legal and policy objections to Westminster's reform was the affect it would have on future council votes based on contributions to sitting councilors given in earlier years. In effect, the new law created a conflict of interest and required abstention from debate and voting on issues based on contributions that were given prior to passage of the amendment. Outside legal opinions also resolved that issue in favor of the constitutionality of the reform.

Big contributors in the 1997 council elections quickly recognized the potential impact of the reform on pending or future council business in which they might have an interest. They modified their behavior accordingly and contributions greater than $100 dropped off dramatically in the 1997 elections, particularly from development interests.

The two councilors who proposed the charter amendment believe that it is working well and will have a positive affect on city government. Other councilors still believe that it is an unnecessary inconvenience at best and unconstitutional at worst. The amendment has not been challenged in court.

Several cities in California use a conflict of interest approach to campaign contributors, the most prominent being Oakland and San Francisco. However, those cities only prohibit city contractors from making campaign contributions during contract negotiations. On the other hand, Chula Vista, Santa Ana, Modesto, and Costa Mesa, California all require abstention if a city councilor has received a large (the amounts vary) campaign contribution from the person or entity who stands to benefit from the vote.

Contacts:
Councilor Glenn Scott 303-466-5720); E-mail:
glenn@denver.net
Michele Kelley, City Clerk or
Martin McCullough, City Attorney (303) 430-2400

Westminster, Colorado

City Charter

Conflicts Based on Prior Pecuniary Benefits.

(a) The acceptance or receipt by any Councilor or member of that Councilor's immediate family, or an organization formed to support the candidacy of that Councillor, of any thing of value in excess of one-hundred dollars ($100) from any person, organization, or agent of such person or organization, shall create a conflict of interest with regard to that Councillor's vote on any issue or matter coming before the Council involving a benefit to the contributing person, organization, or agent, unless such interests are merely incidental to an issue or question involving the common public good.

(i) Should a conflict of interest arise for any Councillor under this subsection (a), the Councillor shall state the grounds for the conflict of interest on the record immediately prior to Council's vote, withdraw from debate on the issue, and abstain from voting on the matter, notwithstanding any duty to vote provided for elsewhere in this Charter.

(ii) In the event a quorum cannot be obtained because of any issue or matter to be acted on by Council because of abstentions pursuant to subsection (i) above, any abstaining Councillor or Councilors may vote as long as the abstaining Councillor or Councilors has disclosed the nature of the conflicting interest, including the amount of financial interest, the purpose and duration of any employment provided or services rendered and compensation therefore, and such other information as may be necessary to describe the interest.

(iii) Any Councillor may challenge the existence of a conflict of interest of interest pursuant to this subsection (a) prior to Council's vote, but not thereafter. In the event such challenge is raised, the challenge shall be decided by a majority vote of the remaining members of Council with no alleged conflict, and such determination shall be deemed to be final and conclusive.

(b) For purposes of this Section, the following terms shall be defined as:

 (i) "Thing of value" means money, employment, goods, services, or objects with any intrinsic value, including but not limited to, campaign contributions, loans, offsets to expenditures, contributions in kind, and independent expenditures by any person or organization on behalf of the candidacy of a Councillor, provided that such thing of value was received during the Councillor's current term of office or anytime within six (6) months prior to the commencement of the Councillor's current term of office.

(ii) "Immediate family" means the spouse, children, and the spouse of any child of any Councillor or candidate for Councillor.

(iii) "Councillor" includes the Mayor.

     

    Time Limits Model

    Little Rock, AR

Several local jurisdictions have restricted the time in which a candidate can solicit and/or receive contributions. Some municipalities restrict fundraising during "off years," others prohibit contributions for a limited time period immediately prior to an election, and still others have forbidden fundraising immediately following their local elections.

In February of 1997 the Board of Directors (City Council members) in Little Rock, Arkansas (population 176,000) passed an ordinance limiting the time in which local candidates can collect political contributions. Under the law, candidates in Little Rock can begin fundraising on June 1st of an election year and must stop fundraising by December 1st. After the election, candidates must return any remaining campaign funds to contributors or give those funds to a non-profit organization of their choice.

The law was prompted by two members of the Board who each received $1,000 campaign contributions in 1994, a full two years before the elections were to be held. The contributions came from some local developers. A couple of weeks after the contributions were made the same developers were before the Board of Directors concerning their business which produced a major conflict of interest. 

The Little Rock ordinance, which places time limits on political fundraising, was passed after Arkansas voters imposed a $100 contribution limit for local candidates as a part of a statewide ballot initiative in 1996. Incidentally, the ballot initiative received more of the vote than did Bill Clinton and Al Gore. Little Rock took advantage of the state law that allows local governments to set up stricter laws. A federal court struck down the initiative's campaign contribution limits, but the time frames were left unchallenged and therefore untouched.

The 1998 election cycle is the first set of elections in which the ordinance has been in effect and all of the candidates have adhered to it. No candidate accepted a contribution prior to June 1st and none have threatened to challenge the law in court. The ordinance will be watched closely by reform advocates to see how well this approach works and to find out if it holds up to constitutional scrutiny if and when it is challenged.

Fifteen other cities have also imposed time restrictions on political fundraising.

CONTACTS
Mr.Thomas M. Carpenter, City Attorney
500 West Markham, Suite 3000
Little Rock, AR 72201-1400
(501) 371-4527

Mitch Klien, Director
ACORN
2101 South Main Street
Little Rock, AR 72206
(501) 376-7151

 

    Little Rock, Arkansas

    City Ordinance

This ordinance shall apply to all candidates for any elected city office including, but not limited to, the position of Mayor, member of the Board of Directors, or municipal judge.

The following provisions shall apply to campaigns for municipal office:

(a) Contributions to regular election campaigns for municipal office shall be limited to the period beginning June 1 immediately before the election and ending December 1 immediately after the election.

(b) Contributions to special election campaigns for municipal office shall be limited to the period of time:

(i) immediately following the call of the special election until the date of its special election; and

(ii) thirty days (30) after the date of the special election, provided that no contribution shall be accepted from any person with an interest in business pending before the elected municipal official.

 

Publishing Candidate Compliance

Richland, WA

Several local governments including Alta, Utah, Aspen and Crested Butte, Colorado, Austin, Texas, Concord and Indio, California, and Richland, Washington use the force of public pressure by ordained measures to keep candidate spending down. In most of these scenarios local ordinances require the city clerk, or other public entity, to publish a series of advertisements in local papers which identify the candidate or candidates who have exceeded a proscribed voluntary spending limit, and recognize those who have stayed within the limit.

Prompted by a candidate for city council who, in 1991, spent roughly twice the amount that was traditionally spent on a council race, the Richland City Council determined that they didn't want money to control city politics and they did something about it.

In 1993 the city of Richland Washington passed their own publication provision in an attempt to rein in campaign spending. The ordinance provides for the City Council to set a voluntary "reasonable maximum expenditure" limit for primary and general city council races and requires the city clerk to monitor candidates' expenditures through campaign financial reports. Richland's ordinance requires the clerk to publish a display advertisement in a local paper identifying the candidate or candidates who have exceeded the limit, recognizing those who have stayed within the limit, and listing the total campaign spending for all candidates. The Richland ordinance requires the placement of an ad once a week from the time the candidate exceeds the limit through the election.

Alta, Utah and Crested Butte, Colorado have both recently adopted similar ordinances that include publication provisions.

Richland's ordinance is another attempt to use publicity and the popularity of campaign contribution and spending limits to reform campaign financing. But, unlike the Chapel Hill voluntary model, Richland has codified its limits and is willing to use public funds and the authority of the city to inform its citizens about the candidates' compliance.

Richland, Washington

City Ordinance

Monitoring of Campaign Expenditures. The Richland City clerk shall be responsible for monitoring expenditures by candidates and shall follow the procedure below:

(1) All candidates for the Richland city council shall file copies of their financial reports with the Richland city clerk at the same time they file them with the Washington State Public Disclosure Commission and the Benton County Auditor.

(2) The city clerk shall keep a running tally of each candidate's campaign expenditures, based on the campaign financial reports.

(3) When one or more candidates exceed the recommended limits, as applicable, the city clerk shall prepare an announcement of that fact as described in Section 1.01.070 that includes the name(s) and amount(s) spent on the campaign by any and all candidates whose campaign spending has exceeded the amount specified in this ordinance.

(4) Once a candidate has exceeded the limit, the city clerk shall review all candidates' to-date expenditures and reissue the announcement with applicable additions and/or changes weekly. (Ord. 2-93).

Publication. Once a candidate exceeds the recommended limits, the city clerk shall publish advertisement in a local newspaper weekly until the city council campaign has ended. This notice shall include the following information:

(1) A statement that certain candidates for city council have spent beyond the limits recommended by city ordinance.

(2) A list of all positions and respective candidates together with their respective to-date expenditures. The names of those candidates who have exceeded the recommended limits shall be highlighted with an asterisk or other symbol and an appropriate footnote shall provide the meaning of the symbol.

(3) A statement of the city council policy. If a candidate exceeds the established limit during a primary and does not qualify for the general election, his/her name and expenses need not be placed in the published notice thereafter except the post election notice described herein. If any candidate has exceeded the established limits during the campaign, the city clerk shall prepare a final updated notice similar to the others and issue it after the date on which the candidates must file their final financial reports with the public disclosure commission. The city clerk shall confirm the final amounts with the public disclosure commission prior to publication of the final notice to the public.

 

Small City Model

Alta, UT (population 397)

Even in small cities and towns, where campaign spending and contributions are relatively modest, citizens and elected officials are wrestling with issues of campaign financing. Citizens seem especially intolerant of relative extravagant campaign spending in places where they expect grassroots campaigning from their local politicians.

Mayor Bill Levitt and other concerned citizens bore witness to the expensive U.S. Senate race in Utah in 1996 and the high costs of running campaigns for city council in Salt Lake City. The people of Alta, aware of their vulnerability to large developers, worked to avoid the corruptive influences of big dollar campaigns. They decided to be proactive about improving their campaign finance laws in an effort to help control growth and protect their environment.

In January of 1997, the small town of Alta, Utah, which is better know for it's skiing than passing innovative reform measures, created local campaign finance laws for their town. The law requires disclosure of all cash contributions over $25, all expenditures and all in-kind contributions. The law establishes voluntary contribution limits of $200 per person, voluntary spending limits of $500 for council seats and $1,000 for the Mayor's office. Each candidate must state whether they are going to voluntarily abide by these limits. The Town Clerk is then required to make a public announcement listing those candidates who have voluntarily agreed to abide by the limits and those who have not.

The law created by Levitt and the council was based in large measure on the idea that an informed public was critical to electing a sound city government. Letting the public know about how candidates are spending their money and who gives to their campaigns is an enormous first step. Once the public knows about the financial backing of each candidate, and whether a candidate is abiding by the voluntary limits, then the decision is left to the voters. In the 1997 campaign, all candidates signed spending pledge and abided by the limits.

All candidates in the 1997 election cycle signed the voluntary campaign commitment. However, Alta is such a small town, it seems to have come as no surprise. Alta doesn't have political campaigns in the same sense that larger cities do. Rarely are there any campaign signs in neighbors' lawns or flyers mailed out to town residents. But although money isn't currently a problem in Alta campaigns, the towns' members still felt that they needed to address the issue.

Crested Butte, Colorado (population 1,000) is another shining example of a very small town that collectively decided to be proactive when it came to the issue of campaign finance reform. Like Alta, it is a picturesque town known for outstanding extreme skiing, and few would consider it to be at the forefront of a national, progressive political movement.

Yet, in November of 1997, the citizens of rested Butte voted overwhelmingly to establish a system of voluntary spending limits for candidates running for town offices. The City council of Crested Butte found the political will to seek a solution, drafted the proposal, and placed it on the ballot. It passed with 79% of the vote. Crested Butte's campaign finance reform establishes a $200 voluntary spending limit for city council and mayoral candidates. Like Alta, the town clerk is required to publish a list of candidate in the local paper noting which candidates have, and which have not, agreed to the spending limits. The town clerk is also required to publish the candidates' final campaign report, due 11 days before the election.

CONTACTS

Alta

Bill Levitt, Mayor

City of Alta

P.O. Box 8016

Alta, UT 84092

(801) 742-3522

 

Crested Butte

Jim Starr, City Attorney

P.O. Box 1167

Crested Butte, CO 81224

(970) 349-5363

 

Alta, Utah

City Ordinance

WHEREAS, the Town Council finds it in the public interest that the conduct of municipal elections within the Town be regulated so the voters may determine who has contributed to candidates and what candidates have spent on races; and

NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:

Section 1. Each candidate for elective office shall file a signed campaign financial statement with the Town Clerk (a) seven days before the date of the general election, reporting each contribution of more than $25 and all in-kind contributions and each expenditure as of ten days before the date of the general election; and (b) no later than 30 days after the date of the general election.

Section 2. The statement filed seven days before the general election shall include a list of each contribution of more than $25 received by the candidate, all in-kind contributions, and the name and address of each donor; an aggregate total of all contributions of $25 or less and in-kind contributions received by the candidate; and a list of each expenditure of campaign contributions made during the campaign period, and the recipient of each expenditure.

Section 3. The statement filed 30 days after the general election shall include a list of each contribution of more than $25 and in-kind contributions received after the cutoff date for the statement filed seven days before the election, and the name and address of each donor; an aggregate total of all contributions of $25 or less and in-kind contributions received by the candidate after the cutoff date for the statement filed seven days before the election; and a list of all expenditures for political purposes made by the candidate after the cutoff date for the statement filed seven days before the election, and the recipient of each expenditure.

Section 4. Candidates for elective office who are eliminated at a primary election shall file a signed campaign financial statement containing the information required by this section no later than 30 days after the primary election.

Section 5. Any person who fails to comply with this section is guilty of an infraction.

Section 6. Candidates for elective office shall be given an opportunity to publicly commit to spending and contribution limitations. At the time that a person files for elective office he or she shall be provided with a form prepared by the Town Clerk.

Section 7. Said from will inquire of the candidates whether the or she is voluntarily willing to (a) limit total campaign spending to less than $500 for council positions and $1,000 for the office of the Mayor; (b) limit donations from any one donor to $200 or less; (c) refuse donations from corporations, developers, political action committees (PACs), unions and other entities which face a substantial likelihood of having matters under consideration by the Town during the upcoming four years; and (d) agree to participate in at least one debate sponsored by a neutral group prior to the election. Said from shall be returned to the Town Clerk within two weeks of the final filing date for office. In the event a candidate fails to return the form to the Town Clerk, said refusal shall constitute a refusal to abide by the above voluntary conditions. A candidate may also indicate that he or she shall agree to spend or accept less in contributions than the amounts listed herein.

Section 8. With in three weeks from the final filing date for office, the Town Clerk shall make public, by posting an announcement in three public place within the Town and by delivering a press release to local media, those candidate who have voluntarily agreed to abide by the conditions set forth in Section 7 and those who have not.

Voluntary Reform Model

Chapel Hill, N.C

Citizen activists in Chapel Hill, North Carolina pioneered a voluntary campaign finance reform program for local races in 1995. North Carolina does not have home rule for municipalities, so Chapel Hill is unable to adopt its own campaign contribution and spending limits for the city without special enabling legislation from the state. Some years ago Chapel Hill requested and received special state legislation that required the reporting of all campaign contributions over $100 made to local candidates. However, there were no other regulations of campaign contributions or spending in North Carolina at the local level.

A statewide coalition of organizations called the North Carolina Alliance for Democracy has been working for several years to adopt campaign finance reform at the state level. The Orange County Green Party and Sierra Club are members of the Alliance. The leadership of the Orange County chapters of the Sierra Club and the Green Party decided to push local reform in Chapel Hill as an organizing tool to involve and educate citizens on issues of campaign finance reform. They believed that their local organizing would benefit the movement in North Carolina for state and national reform. They were also concerned by a recent increase in campaign spending, large contributions made by developers, and the success of pro-development candidates in recent elections.

Guessing that the state legislature would not enact special legislation allowing Chapel Hill to pass its own local reform, the local activists decided to promote a voluntary reform program. They developed a package of reforms that included disclosure of all contributions, spending limits of $4,000 for council candidates and $7,000 for mayoral candidates, and contribution limits of $100. The campaign spending limits were based on the average spending for the 1993 winners.

The citizens then took their proposal to every candidate and asked for a pledge to abide by the terms of the reform. The success of the program depended on aggressive promotion of the program and public pressure to compel candidates to sign the pledge and abide by its terms.

There are eight city council members and a mayor. Council elections are held every two years with half of the council elected at each election to serve four-year terms. All council candidates run at-large and the top four vote getters are elected to office.

Four of the nine candidates for city council and one of the two candidates for mayor accepted the pledge in 1995. Only one of the pledging challengers was elected. Three of the top spenders in the council race won, although the one challenger who accepted the pledge was fifth in spending, but second in votes.

The Greens and Sierra Club ran the program again in 1997 and were joined by a neighborhood association. Development issues once again dominated the elections and the local media provided good coverage of candidate contribution and spending information. Whether or not a candidate pledged to disclose all contributions became an important issue. Four of the seven council candidates accepted the pledge in 1997. Two of those candidates, one incumbent and one challenger, were elected to council.

Proponents of the Chapel Hill effort felt that it was very successful in raising the issue of campaign finance reform in local elections. Full disclosure of campaign contributions became a big issue in the elections and the local media began to cover stories about campaign contributors and overall campaign spending. The proponents also felt that the program was a successful organizing tool for involving and educating citizens about campaign finance reform and its importance in elections. Chapel Hill now has a group of involved informed citizens that can be tapped to promote state and even national reform.

In 1997, local activists in Boulder, Colorado adopted the Chapel Hill model for their local elections with similar results. Nine of twenty candidates in the Boulder council elections signed a pledge to limit campaign spending to $11,000 and to accept no contributions in excess of $100. The reformers in Boulder used their voluntary program to lay the groundwork for future legislation, either through the city council or by ballot initiative.

Contacts:

Councilor Kevin Foy

Chapel Hill Town Hall

306 North Columbia Street

Chapel Hill, NC 27516

(919) 968-2743


Councilor Joyce Brown

Chapel Hill Town Hall

306 North Columbia Street

Chapel Hill, NC 27516

(919) 929-7781

joycebrown@mindspring.com

 


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