HomeMy WebLinkAboutComparison City vs State Regulations Memo 1
Office of the City Clerk
Memo
To: Election Campaign Regulations Committee
From: Audrey Hooper, City Clerk
Date: August 1, 2005
Re: Comparison of City and State Regulations & Miscellaneous Information
The following information is being provided in response to the request of the Election Campaign
Regulations Committee made at its July 28, 2005, meeting.
Comparison of the Dollar in 1974 and 2004
The City's itemized reporting threshold was set at $25 in 1974. The CPI adjusted rate in 2004
was $120.26.
The City's contribution limit to candidates per election was set at $100 in 1974. The CPI adjusted
rate was $481.03 in 2004.
The publication of campaign finance information in 2004 was $3,367.20. Based on the CPI
adjusted rate, the publication cost in 1974 would have been $875.
Comparison of State and City Reporting Requirements/Deadlines
There are a number of forms and reporting requirements mandated by the State that do not
coincide with and are not impacted by the City's reporting requirements. I have not included
these requirements or deadlines in the following comparison.
Reporting Threshold
The City's itemized reporting threshold is $25. The State's itemized reporting threshold is $100.
Contribution Limits
The City has a contribution limit of $100 per person/organization up to 5:00 p.m. the eighth day
prior to election day, after which the contribution limit is lowered to $25. The State does not
establish contributions limits for local elections.
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Deadlines
Pre-election Statements
The State requires two pre-election statements be filed. These deadlines are established and
published by the FPPC, depending on the type of election held. The first is typically 34 days prior
to the election and the second is typically 12 days before the election (with a filing period ending
17 days before the election).
The City requires an additional pre-election statement (Form 101 or 102) to be filed by noon
seven days prior to the election, covering contributions and expenditures for the period from
which the committee was established until 5:00 p.m. the eighth day prior to the election.
Post-election Statements
The State requires a semi-annual campaign statement be filed either by January 31st (for the
prior period ending December 31st) or by July 31st (for the prior period ending June 30th),
depending on the date of the election. (Note, there are special quarterly campaign filings for
ballot measure committees prior to an election.)
The City also requires its own statement (Form 101 or 102) be filed at the same time of the
State's first semi-annual filing after the election.
Late Contributions and Late Independent Expenditures - Ballot Measures
The State requires a filing within 24 hours of receiving a contribution or making an independent
expenditure during the 16-day period prior to election day. The State's threshold is $1,000 or
more.
The City requires reporting of late contributions received of $100 or more during the 8 days prior
to the election.
Forms - Filing Requirements
The State requires the filing of a Form 460 by all recipient committees that raise or expend more
than $1,000 or more during a calendar year in connection with an election. This requirement
pertains to candidates/officeholders and their controlled committees, as well as ballot measure
and general purpose committees.
The State also requires the filing of Form 461 by an individual or entity that makes monetary or
nonmonetary contributions of $10,000 or more in a calendar year to state or local officeholders,
candidates and committees or independent expenditures of $1,000 or more during a calendar
year to support or oppose state or local candidates or ballot measures (Major Donor/Independent
Expenditure Committees).
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The City requires the filing of a Form 101 for candidates' controlled committees (a type of
recipient committee) and a Form 102 for committees not under the control of a candidate. (Form
101 coincides with State Form 460 for candidates. Form 102 coincides with State Form 460 for
non-candidate recipient committees and Form 461 for Major Donor/Independent Expenditure
Committees.)
Forms - Format
While the format of the State's Forms 460 and 461 differ somewhat from that of the City's Forms
101 and 102, they contain all of the information required on the City's forms. Additionally, the
State's forms are more inclusive, requiring information such as type of committee, type of
statement (not applicable on Forms 101 and 102), and committee identification number.
Additionally, the State's forms provide for the filing of amendments, which the City's forms do not.
The State's forms and the City's forms contain language that does not coincide. Depending on
the Committee's direction, it may be feasible to revise the City's forms to coincide with the State's
forms in order to minimize confusion on the part of the filers.
CC: Jonathan Lowell, City Attorney
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Memo.doc