Executive Summary
In a March 20, 2001, non-binding referendum, voters in Alachua County voted 68% in favor of gaining local campaign finance regulation authority for our local county elections.
The state legislature and governor granted this authority in April, 2002, by way of an Alachua County Charter Amendment, which must be first approved by the voters in the general election in November, 2002. If adopted, this measure will grant authority to Alachua County voters to change the County charter with respect to regulation of all aspects of campaign finance for candidates running for Alachua County charter offices. The charter offices are the county commission, tax collector, sheriff, supervisor of elections, property appraiser, and the clerk of the court. Such regulation must be more stringent than state law. This measure will hereafter be referred to as the home rule authority.
In August, 2001, the Alachua County Board of County Commissioners (BoCC) created the Campaign Finance Reform Advisory Board (CFRAB) to study and recommend what proposed changes might be considered. This effort and the following report will help to inform voters prior to the referendum, and will inform Commissioners of ballot initiatives or other reform measures that they might contemplate.
Recommendations
At the conclusion of its work CFRAB voted 8-0 to forward this report documenting its work and its recommendations to the BoCC.
CFRAB recommends the following local campaign finance regulations, procedures, and programs be established within Alachua County:
Reporting Requirements:
a) Earlier filing date for candidates' last period financial reports
b) Electronic filing
c) Reporting of additional information:
contribution type
total contribution amount from each source
name of president of corporation for corporate contributions
Limitations on Contributions:
a) Mandatory contribution cap of $200 per election
b) Earlier last date for accepting contributions
Public disclosure:
Voter Information-Candidate Assistance Program:
Voluntary Campaign Practices Program:
In its initial discussions and recommendation motions, CFRAB envisioned a number of these recommendations being carried out by the Supervisor of Elections. Following an opinion of the county attorney, CFRAB modified its recommendations to give the County the responsibility to implement these recommendations. CFRAB intends for the County to coordinate with the Supervisor of Elections and any other agency as needed to implement each recommendation and for the County to provide the funding and resources that the Supervisor of Elections and any other agency needs to implement the recommendations.
CFRAB also voted to recommend two additional measures that addressed problems that the Supervisor of Elections brought to its attention. Subsequent legal review by the county attorney informed CFRAB that these measures were outside its scope and would have to be implemented at the state level. Therefore, CFRAB recommends that the BoCC requests that the Alachua County Legislative Delegation pursue implementation of these additional reporting requirement reforms:
d) Synchronize report deadlines for committees and parties with candidates
e) Filing copies of state reports locally
Process
The nine-member board and one non-voting alternate member was appointed by the BoCC and met over a one year period. The members brought a wide background to this board that included former local candidates and office holders, a running local candidate, campaign managers, and others with an interest in campaign finance reform.
CFRAB divided its work into three phases: information gathering, deciding which reforms to pursue, and drafting the details of the recommended reform measures.
CFRAB received input from a number of citizens and groups that attended its meetings, attended one or both of the public input forums held by CFRAB or wrote to CFRAB. Public forums were held in February and July 2002.(1)
CFRAB also invited specific people to meet with it. Invited guests included:
In April, 2002, following six months of input and information gathering, CFRAB voted to further consider the following six categories of reform recommendations:
CFRAB also voted not to further pursue a seventh category: Who can contribute .
CFRAB voted to adopt or reject specific reform recommendations moved by board members in each of the six categories under consideration.(2) CFRAB decided that each adopted recommendation would again be voted on in its final form at the completion of our board's work to allow for possible modifications to the original recommendation resulting from public input and legal review before final adoption.
A second public forum was held in July 2002 to gather public input on our proposed reform measures. The County Attorney was asked to provide legal review of the proposed reform recommendations and input was sought from the Supervisor of Elections. As a result of this input, changes were made to some of CFRAB's recommendations and the board learned that two of its recommendations fell outside the home rule authority and outside the board's scope.
CFRAB again voted on each recommendation in its final form at its last meeting to determine whether or not the recommendation would be forwarded to the BoCC. Each recommendation is presented in detail in this report along with our vote to forward the recommendation as an indication of our support and interest in the measure.
Acknowledgments
CFRAB would like to acknowledge the generous support of the Brennan Center of Justice at NYU School of Law, the National Civic League New Politics Program, and the office of Dade County Commissioner Jimmy Morales for donating their research, assistance and/or materials to our board.
Recommendation 1: Earlier filing date for last period reports
Recommendation
Candidates running for Alachua County charter offices shall file their financial reports according to the schedule established by Florida Statute except that the last report due prior to an election shall be received by the Alachua County Supervisor of Elections no later than 5:00pm on the sixth day prior to the election. There shall be no provision to extend this receipt deadline by use of a postmark or any other courier receipt.
Problem addressed
The current state reporting schedule does not adequately insure public disclosure of campaign finance reports prior to an election; nor does it provide adequate time for auditing of the reported finances; nor the disclosure and remedy of any violations or deficiencies uncovered by an audit prior to the election.
Research findings
CFRAB reviewed the receipt dates on the last period reports from county charter office candidates due immediately prior to the 1998 and 2000 elections.(3)
Of these thirty-two reports, two were received on or after election day, another four were received with less than 1 business hour (of the Alachua County Supervisor of Elections Office) prior to the election, and another six were received within four business hours prior to the election. Only half (16) of the total reports were received within eight business hours of the election.
CFRAB also found that only five of the thirty-two reports were received in time to have met the printing schedule deadline of Alachua County's only local daily newspaper. Twenty-five would not have met this deadline and two were indeterminable.
Implementation
This recommendation must be implemented within the Alachua County charter. It amends the reporting schedule currently specified by Florida Statue 106.07 and therefore needs the protection of the home rule authority.
This recommendation should be implemented through a ballot item for charter amendment on the 2004 general election ballot.
Other
The adoption of this reporting date necessitates the adjustment of the last date by which contributions may be accepted in order to insure the full reporting and disclosure of all campaign contributions prior to the election.
This recommendation was forwarded by a vote of 8-0 .
Recommendation 2: Electronic filing
Recommendation
CFRAB recommends that treasurer reports be required in electronic format to facilitate publication and analysis of campaign finances.
Candidates running for Alachua County charter offices and local committees and parties who file with the Alachua County Supervisor of Elections shall file their financial reports in an electronic format simultaneously with and in addition to the original signed paper report as required by Florida Statute 106.07. The specified electronic format for the report will be determined by the Supervisor of Election and must render the report data in a usable digital format for publication and data analysis. The County shall coordinate with the Supervisor of Elections to provide assistance to candidates who are unable to produce their report in the specified electronic format. Such assistance may include the data entry of the candidate's paper report into the electronic format according to guidelines and schedules published by the Supervisor of Elections. In all cases the candidate shall bear the responsibility of certifying that both the paper and electronic copies of the report is complete, accurate, and properly submitted on time.
Problem addressed
CFRAB finds that timely and accurate auditing and publishing of the campaign finances is severely hampered by the current paper format of reports. Reports should be submitted in electronic format to insure full and timely auditing and public disclosure of the campaign finances.
Research findings
CFRAB heard from Ms Jackie Levine, managing news editor of the Gainesville Sun, Ms. Susan Wright, publisher of the Buyers Guide to Florida Candidates website, and Mr. Colin Whitworth, publisher of Moon Magazine, regarding their experiences and the difficulties encountered in their efforts to publish and/or analyze local campaign finances. Each cited that the conversion of the report data from paper format to electronic format was a major impediment that affected both the timeliness and the accuracy of their reporting and/or analysis of campaign finances. Ms. Wright provided an example of a treasurer report that is illegible.(4)
Ms. Levine and Ms. Wright stated they felt the conversion of the candidates' report data from paper to electronic format could reasonably be accomplished by one professional typist in an 8-hour day based on their experiences of having retyped the candidate contribution data in previous elections.
CFRAB found that electronic filing requirements have been adopted by a number of local governments including Dade County, Florida.(5) Dade County's requirement also includes provision for some assistance to candidates with the electronic filing. Electronic filing is strongly recommended but not required by the State of Florida Division of Elections for candidates and committees that file with the state. Candidates or committees that write a letter stating that they are unable to provide their reports in electronic format may submit their reports on paper and the State will provide the data entry to generate the electronic format from the paper report.
Implementation
This recommendation should be implemented within the Alachua County charter as it addresses regulation set forth in 1S-2.017 of Florida Administrative code. Although our current County Supervisor of Elections has recently required electronic filing of treasurer reports, adoption of this local regulation within the county charter will insure that this requirement remains in effect regardless the predisposition of future Supervisor of Elections and insures that candidates will be provided assistance to produce their electronic reports if needed.
This recommendation should be implemented through a ballot item for charter amendment on the 2004 general election ballot.
Other
Alachua County manager Randall Reid stated that the County could provide the typist resource to the Supervisor of Elections either from existing county staff or from the county's temporary work force contract. The Supervisor of Elections advised that this resource must include not only the typist, but also a computer and workspace sufficient to carry out the task.
The maximum cost of providing typist assistance is estimated at $850.00 every other year should temp force staff be hired to provide data entry for all reporting periods. The cost will be less if some or all of the assistance is provided from existing typist staff. This estimate is based on:
three last period reports
four quarterly reports
a cost estimate from Alachua County manager Randall Reid of $85/day under the County's current temporary work force contract.
This recommendation was forwarded by a vote of 7-1 .
Recommendation 3: Last date for accepting contributions
Recommendation
CFRAB recommends that the last date by which campaign contributions may be accepted be moved 48 hours earlier in accordance with our recommendation to move up the deadline for filing the last period financial report prior to an election.
Any contribution received by a candidate or by the campaign treasurer or a deputy campaign treasurer of such candidate on the day of that election or less than seven days prior to the day of that election must be returned by him or her to the person or committee contributing it and may not be used or expended by or on behalf of the candidate.
Problem addressed
The current state reporting schedule does not adequately insure public disclosure of campaign finance reports prior to an election; nor does it provide adequate time for auditing of the reported finances or the disclosure and remedy of any violations or deficiencies uncovered by an audit prior to the election.
In order to provide full public disclosure of the contributions a candidate receives prior to the election, the last date by when a candidate may accept contributions must occur prior to the date that the report is due. CFRAB has recommended that the last report prior to each election be due on the 6th day prior to the election which would provide for adequate 1) auditing, 2) addressing of any deficiences or violations, and 3) publication of contributions; therefore, the last date when contributions may be accepted should be moved up to midnight on the 7th day prior to the election.
Research findings
CFRAB reviewed the receipt dates on the last period reports from County charter office candidates due immediately prior to the 1998 and 2000 elections.(6)
Of these thirty-two reports, two were received on or after election day, another four were received with less than 1 business hour (of the Alachua County Supervisor of Elections Office) prior to the election, and another six were received within four business hours prior to the election. Only half (16) of the total reports were received within eight business hours of the election.
CFRAB also found that only five of the thirty-two reports were received in time to have met the printing schedule deadline of Alachua County's only local daily newspaper. Twenty-five would not have met this deadline and two were indeterminable.
The National Civic League identified similar limitations that have been adopted by Aspen CO (seven days)(7) and San Luis Obispo CA (eight days).
Implementation
This recommendation must be implemented within the Alachua County charter. It amends reporting date schedule currently specified by Florida Statue 106.08 3(a) and therefore needs the protection of the home rule authority.
This recommendation should be implemented through a ballot item for charter amendment on the 2004 general election ballot.
Other
The adoption of this contribution limitation is necessitated by the adjustment of the reporting date schedule (see recommendation 1) to insure the full reporting and disclosure of all campaign contributions prior to the election.
This recommendation was forwarded by a vote of 8-0 .
Recommendation 4: Synchronizing report deadlines for committees and parties with candidates
Recommendation
The BoCC should ask our legislative delegation to introduce legislation to require committees and parties that file locally within a county to submit their treasurer reports according to the same schedule set for the candidates running for office locally within that county.
Problem addressed
Alachua County Supervisor of Elections, the Honorable Beverly Hill, requested this reform measure to address the problem of expenditures by local committees and parties that support or oppose local candidates or local ballot issues and that may be reported after the election under the reporting requirement schedule provided by current state regulation.
Because these groups are currently required to submit their financial reports on a quarterly basis, their expenditures in support or opposition to a local ballot issue or candidate will often not be reported prior to the election in which they are exercising influence.
Implementation
The County Attorney determined that this recommendation is outside the home rule authority and the scope of our board because it does not regulate candidate campaign finance. This reform must be implement by the state as the state will continue to regulate all aspects of non-candidate campaign finance within Alachua County. CFRAB feels that this reform is needed to insure full public disclosure of the monetary influences in local candidate elections. Therefore, CFRAB recommends the BoCC request that the Alachua County legislative delegation pursue this reform at the state level.
Other
This recommendation was forwarded by a vote of 7-1 .
Recommendation 5: Requirement to file copies of reports locally
Recommendation
The BoCC should ask our legislative delegation to introduce legislation to require committees and parties which file their reports with the State and that engage in expenditures that promote or oppose a local candidate or local issue on a local county ballot to submit a copy of their treasurer's reports to the Supervisor of Elections in that county in addition to the reports they submit to the State Division of Election. The reports submitted to the local county Supervisor of Elections should be submitted according to the same schedule set for the local candidates running for office within that county.
Problem addressed
Alachua County Supervisor of Elections, the Honorable Beverly Hill, requested this regulation to address the problem of expenditures by committees and parties that support or oppose our local candidates or local ballot issues and that are not disclosed locally or according to the same reporting schedule used by candidates in our local election. Reports of expenditures that influence local county elections which are filed with the State are more difficult to obtain and impede the full public disclosure of campaign finances prior to an election.
Research findings
Citizens for Less Taxes and Limited Government. was provided as an example of a PAC that had filed with the state and that made expenditures promoting a candidate running for Alachua County Commission in 2000. It was formed by officers residing in Alachua County between April and December of 2000. Its financial reports were submitted to the State and included direct contributions to a local candidate, over $20,000 in expenditures to a local media company, and over $4,000 in expenditure for polling service. Its expenditure reports in the last reporting periods prior to the 2000 elections were not readily obtainable by Alachua County citizens prior to the 2000 elections.(8)
Implementation
The County Attorney determined that this recommendation is outside the home rule authority and the scope of our board because it does not regulate candidate campaign finance and it regulates committees and parties that file outside Alachua County. This reform must be implement by the state as it is the appropriate authority to regulate committees and parties that file outside Alachua County. This reform is needed to insure full public disclosure of the monetary influences in our local candidate elections.
This recommendation was forwarded by a vote of 8-0 .
Recommendation 6: Limitation on contribution amount
Recommendation
CFRAB recommends lowering the maximum allowable contribution amount to candidates running for Alachua County charter offices from the state designated maximum of $500 to $200 per election.
Except for political parties, no person, political committee, or committee of continuous existence may, in any election, make contributions in excess of $200 to any candidate for election to or retention in office.
Problem addressed
CFRAB finds that there is a public perception that large amounts of money have an undesirable influence on our local campaigns and contribute significantly to a playing field so unlevel as to unfairly disadvantage and possibly discourage candidates without ready access to large financial backing.
Research findings
CFRAB solicited input from Alachua County citizens and groups on the problems they perceived in our local elections and on what reforms, if any, they thought were needed. Adoption of a lower contribution cap was requested by groups such as the local chapter of the Sierra Club, the local Green Party, and individual Alachua County citizens; and was opposed by the local Libertarian Party and individual Alachua County citizens.(9)
CFRAB determined that lowering the contribution cap to $200 from that of $500 set by State Statute would not prohibit or impede a candidate from conducting a viable campaign, but rather would require the candidate to reach out to a broader base of supporters. CFRAB discussed that this would not only benefit the candidate's campaign, but would also
CFRAB found that other local governments, some similar to Alachua County, have limited contribution amounts to $200 or less. Most notable among these was Sarasota County, Florida, which adopted a $200 limitation in 1990. The Sarasota limitation was upheld by the circuit court of the twelfth judicial circuit in 1999. A list of local governments that cap contributions at $200 or less was provided by the National Civic League.(10)
A review by Alachua County Citizens for Campaign Reform of the campaign funds of local candidates in the 1996, 1998 and 2000 elections found that total campaign money had increased 56% which out-paced increases in County population (9%), registered voters (10%), US postal rates (3%) and local newspaper advertising rates (20%). CFRAB members with campaign experience noted that electronic media and direct mail costs have increased significantly during this same period.
Implementation
This recommendation must be implemented within the Alachua County charter because it amends the reporting schedule currently specified by Florida Statue 106.08. Therefore, it needs the protection of the home rule authority.
This recommendation should be implemented through a ballot item for charter amendment on the 2004 general election ballot.
Other
It is the intent of CFRAB this $200 limit apply to all contributions regardless of type (cash, check, in-kind).
CFRAB initially considered setting the contribution cap at $250 and noted that Dade County had implemented a $250 cap. A motion to recommend a cap of $250 failed by one vote. A subsequent motion was made to recommend a cap of $200 which passed by a vote of 5-3.
This recommendation was forwarded by a vote of 6-2 .
Recommendation 7: Publication of finance and compliance information
Recommendation
CFRAB recommends that the County insure that certain minimum information is made readily available to Alachua County citizens in order to promote more informed voters and increase public access to campaign report information.
The County shall cause to be published within 2-5 days prior to each election in a major daily newspaper of local circulation, a web site, and a government access channel, the campaign contribution information and any known existing violations of election law by each candidate. Published information shall include at a minimum the contributor's name, the contribution amount, the contribution type, the donor type, the contributor's city, and a reference to the complete candidate financial reports on the Supervisor of Election's website. Individual contributions of an amount less than $25.00 may be omitted from the listing published in a major daily newspaper; however, they must be included in the sum total amount of all contributions reported.
Problem addressed
There exists no public assurance that this information will be readily and easily accessible to the general public. The ability and ease with which the public can access the candidate's financial reports and compliance information has varied greatly. The broadest dissemination of this information is obtained by publication in the local daily newspaper. Newspaper publication of this information has been unreliable due to a number of factors including timely access to the information.
Research findings
CFRAB finds that the public could be better informed of the candidates' financial information and election compliance records and that this in turn would lead to better local elections. Until recently, only the most motivated citizens who made an effort to obtain the records were likely to have knowledge of this information; particularly in those elections where the local newspaper did not provide coverage of this information.
Although the current Supervisor of Elections has implemented expanded public access to campaign information through use of her website, no guarantee exists that such a policy would necessarily continue under future Supervisors. Additionally, there is no reliable means of obtaining this information without access to a computer connected to the internet or by visiting the Supervisor of Elections office.
CFRAB found other local governments that have adopted requirements for publication of various campaign information and/or compliance records.(11)
Implementation
This recommendation should be implemented by County ordinance and the charter should be amended to require that the information be published. It does not require protection of the home rule authority. This charter amendment should be implemented through a ballot item on the 2004 general election ballot.
Other
The requirement to publish this information on the website and governmental access channel will incur negligible cost in staff time from existing County employees. The requirement to publish this information in a local daily newspaper will could incur a cost which will vary depending on the number of candidates and their fund raising activity in a given election. Using the County's current Gainesville Sun rate, a full page, if purchased, would cost $3,863.16; and a half page would cost $1,931.58 . CFRAB's discussions with the Gainesville Sun have found that this newspaper is interested in publishing the information as part of its standard news coverage, has done so in the 2002 election, and has indicated it would continue to do so for future elections if possible (considering other factors such as availability of the data by press deadline). Therefore, the anticipated cost of the requirement to publish the information in a newspaper is very minimal if any.
This recommendation was forwarded by a vote of 7-1 .
Recommendation 8: Voter Information and Candidate Assistance program
Recommendation
The County shall establish a Voter Information and Candidate Assistance Program which will provide information to voters about candidates running for County charter offices.
This information shall include at a minimum for each candidate: campaign contact information, campaign website address, any known substantiated violations of state or local election regulations or requirements. Violations that have been resolved will not be included. If the County adopts a statement of best or preferred campaign practices, a description of those practices and each candidate's compliance with those practices shall also be included in the published information.
This information shall be published on a County website, and mailed to all registered voter households.
The County shall hold public-sponsored candidate forums prior to each election which shall be moderated by an independent group which meets the following criteria: has been in existence for a minimum of 10 years; has never endorsed candidates; and has a membership of at least 25 Alachua County residents. Candidates will be allowed opening and closing statements of at least two minutes each. The forums shall be broadcast on the County's governmental access channel and be made available to any other media for rebroadcast.
Problem addressed
This recommendation is intended to address several problems:
The program enhances access by voters to information about the candidates by insuring that a minimum set of information about each candidate is received by all voting households.
The program encourages compliance with election requirements by making violations readily known to the voters. CFRAB's intention is that each candidate's compliance as audited by the Supervisor of Elections and any outstanding violations that have been determined by the State and made known to the Supervisor of Election be made known to the voters. CFRAB does not intend to add additional auditing responsibilities to the Supervisor of Elections in order to satisfy this recommendation. CFRAB finds that the public is largely unaware of both the candidates' compliance records and how to obtain this information; and that such violations can be left uncorrected by candidates who continue to run for office without voter knowledge of the outstanding violations.
Review of candidate campaign finances in recent County elections found an increasing disparity among the candidates' ability to raise campaign funds. This disparity had grown to over $71K in the 2000 district 1 commission election in which campaign funds range from $17K to $89K. CFRAB feels strongly that this program will do much to help address the need for a more level playing field for candidates that is irrespective of access to financial resources.
CFRAB heard from former candidates and campaign managers involved in local elections who stated that the larger campaign funds are primarily used to buy access to radio and television which is largely unobtainable by candidate's without large campaign funding. CFRAB recommends that the County's television access cable channel be used to guarantee all candidates a minimum exposure via television; and recommends that a moderated forum is the best way to insure equal access by all candidates using that medium. The forum moderator should be selected by the BoCC from applicants who meet the specified criteria. The specified criteria is needed to insure that the forum is conducted as impartially as possible. CFRAB used The League of Women Voters as a model in determining the moderator criteria.
The use of the County government access channel 12 is suggested to enable frequent broadcast of the forum at no additional cost to taxpayers. It was not CFRAB's intention to open up use of this cable channel to forums other than the County-sponsored forums. Legal review has indicated that use of this government channel for broadcasting of a County-sponsored forum might require that the channel be available to any other group wishing to broadcast their taped forum. CFRAB has concerns about insuring the impartiality and inclusiveness of other the forums. However, as public-sponsored forums are being aired on other local government channels, CFRAB recommends the County go forward with use of channel 12 to reap the benefits of this measure and deal with those access issues that might (or might not) arise at some later date.
Implementation
This recommendation does not require protection of the local bill. The program should be implemented by County ordinance and the requirement that the program exist should be implemented through a charter amendment on the 2004 general election ballot to insure a voter approved mandate that a Voter Information and Candidate Assistance Program be implemented.
Other
The requirement to mail information to each voting household is estimated to increase the sample ballot mail-out cost by $900. If mailed as a separate mail-out, the cost is estimated to be the same as a sample ballot mail-out which was $11,700 in 2000. These mail-outs will occur every other year whenever a sample ballot is mailed.
The requirement to televise candidate forums is estimated to cost $3,000 every other year based on 2002 costs. This estimate is based on five forums in each of three election cycles every other year at a production cost of $200 for taping.
This recommendation was forwarded by a vote of 7-1 .
Recommendation 9: Reporting of additional information
Recommendation
In addition to the contribution reporting requirements imposed by the state, candidates will report the contributor type and total contribution amount from the source when reporting their campaign contributions. When the source is a corporate entity, the name of the president of the corporation will also be reported as part of the business name field. For example, the contributor name for the XYZ Corporation whose president is Jane Doe will be reported as "XYZ Corp. / Jane Doe, Pres.".
Problem addressed
There is need for additional information in order for voters to determine the source and nature of the contributions to candidates' campaigns and to have confidence that the maximum contribution amount limits are adhered to.
Research findings
CFRAB heard concerns from Alachua County citizens and groups over the presence of corporate and PAC money in our local campaigns and discussed whether contributions should be prohibited from sources other than natural persons. CFRAB recommends that this money should be clearly identified by the candidates rather than prohibited in our local elections. Each voter can then decide whether the presence of this money is significant as they cast their vote.
It is often difficult to identify a PAC or committee solely by its reported name.
It is often difficult to distinguish personal donations from some professional donations such as those coming from lawyers, dentists, and other professional practices where the business name can be similar to the individual name using a professional suffix. This then becomes difficult to discern the total amount of contributions coming from a single source and also difficult to discern whether a single source has or has not contributed more than the maximum allowed amount.
The contributor type identifies the source as an individual person, a business/group, a PAC, or other identified type. This contributor type is required by the state on reports filed with the state; however Alachua County had decided at some point not to require this information on reports filed locally. With the recent requirement for electronic filing established by the current Supervisor of Elections, this information field is once again in use locally on the electronic reports, but not on the corresponding paper forms.
It is difficult to determine whether the maximum contribution amount has been adhered to because single sources frequently will make more than one contribution to a campaign. There have been a number of instances in which local candidates have accepted more than the maximum allowed contribution amount from a single source; this excess is not readily detectable by the Supervisor of Elections nor by citizens reviewing the financial reports. Requiring the total contribution amount from a source to be listed along with each contribution will demonstrate that the candidate is auditing his/her contributions and that they comply with the regulated maximum established.
CFRAB heard concern and input from citizens and groups regarding the presence of corporate donations in local campaigns and the ability for individuals who own one or more corporations to legally circumvent the spirit of the maximum contribution limit by contributing in their own name and in each of their corporate names. While there is ample evidence that this practice occurs locally, CFRAB feels that it would be better to disclose the practice by identifying the presidents of the corporations rather than to prohibit corporate contributions. CFRAB discussed that corporate donations have been outlawed in federal elections for approximately a century; and also discussed that corporate money continues to flow into federal election campaigns through other channels.
Implementation
This recommendation must be implemented within the Alachua County charter. It amends the reporting schedule currently specified by Florida Statue 106.07(4)a and therefore needs the protection of the home rule authority.
This recommendation should be implemented through a ballot item for charter amendment on the 2004 general election ballot.
Other
This recommendation was forwarded by a vote of 6-2 .
Recommendation 10: Voluntary Campaign Practices program
Recommendation
CFRAB recommends that the BoCC extend or reappoint this board for an additional five months in order to complete work on its recommendation to establish a program that defines preferred campaign practices that candidates may choose to abide by or not abide by. Candidate compliance with these preferred practices would be published.
Problem Addressed
Certain limitations that a community believes will produce healthier local elections are allowed as part of a voluntary compliance program or contract, and disallowed by the courts as a mandatory regulation. One example is a limitation on the amount of money a candidate contributes to his or her own campaign. Another example would be a campaign ethics statement in which candidates might pledge to avoid certain behaviors.
Research
The National Civic League provided information to CFRAB documenting voluntary campaign finance reform programs have been implemented by a number of local governments such as Chapel Hill NC, Contra Costa and San Mateo Counties CA, Richland WA, Austin TX, Tuscon AZ, Cleveland OH, and Boulder CO. The League's research found that voluntary programs can be very effective when the participation and compliance of each candidate, or lack thereof, is actively published.
Other
CFRAB spent considerable time discussing the benefits of the establishment of a voluntary campaign practices program which would define preferred standards for Alachua County campaigns. Compliance with those standards would be voluntary and would be published to inform voters of which candidates did and did not choose to comply.
CFRAB voted to pursue a recommendation establishing such a program and adopted a number of specific preferred practices to be included in this program which are documented in the minutes of its meetings.(12) However, CFRAB realized that the complete package of practices and, most importantly, the designation of responsibility for auditing and publishing of candidate compliance with the program could not be completed within the time frame allotted to the board.
This recommendation was forwarded by a vote of 5-3 .
Footnotes:
1. appendices D and E contain input CFRAB received from individuals and groups
2. a list of the motions to recommend appears in appendix C.
3. see appendix F
4. see appendix G
5. see appendix L
6. see appendix F.
7. see appendix J
8. see appendix H
9. appendices D and E document input CFRAB received from individuals and groups
10. see appendix I
11. see appendix K
12. see appendix B