(a) The Executive Director shall adjust the Individual Expenditure Ceiling of a candidate for Mayor by $250,000 when the sum of the Total Opposition Spending against that candidate and the highest level of the Total Supportive Funds of any other candidate for Mayor is greater than $1,700,000 by any amount. Thereafter, the Executive Director shall further adjust a candidate’s Individual Expenditure Ceiling in increments of $250,000, whenever the sum of the Total Opposition Spending against that candidate and the highest level of the Total Supportive Funds of any other candidate for Mayor is greater than the candidate’s current Individual Expenditure Ceiling by any amount.
(b) The Executive Director shall adjust the Individual Expenditure Ceiling of a candidate for the Board of Supervisors by $50,000 when the sum of the Total Opposition Spending against that candidate and the highest level of the Total Supportive Funds of any other candidate for the same office on the Board of Supervisors is greater than $350,000 by any amount. Thereafter, the Executive Director shall further adjust a candidate’s Individual Expenditure Ceiling in increments of $50,000, whenever the sum of the Total Opposition Spending against that candidate and the highest level of the Total Supportive Funds of any other candidate for the same office is greater than the candidate’s current Individual Expenditure Ceiling by any amount.
Factors the Executive Director shall use to determine whether the communication supports or opposes one or more candidates include the following:
(1) whether the communication clearly identifies one or more candidates;
(2) the timing of the communication;
(3) the voters targeted by the communication;
(4) whether the communication identifies any candidate's position on a public policy issue and urges the reader or viewer to take action, including calling the candidate to support or oppose the candidate's position;
(5) whether the position of one or more candidates on a public policy issue has been raised as distinguishing these candidates from others in the campaign, either in the communication itself or in other public communications;
(6) whether the communication is part of an ongoing series of substantially similar advocacy communications by the organization on the same issue; and
(7) any other factors the Executive Director deems relevant.
(d) Within one business day of the date that the Executive Director makes a determination under subsection (c), either the candidate(s) identified in the communication or any candidate seeking the same City elective office as the candidate identified in the communication may object to the Executive Director’s determination. The Executive Director shall respond to any objection within one business day of receiving the objection.
(e) Within one business day of the Executive Director's response, either the candidate(s) identified in the communication or any candidate seeking the same City elective office as the candidate identified in the communication may submit to the Executive Director a request that the Ethics Commission review the Executive Director's determination. Within one business day of receiving the request, the Executive Director shall notify each Commissioner of the candidate's request.
If within one business day of the Executive Director's notice, two or more members of the Commission inform the Executive Director that they would like to review the determination, the Executive Director shall schedule a meeting of the Commission on a date that occurs within one week of the Commissioners' requests. If three members of the Commission vote to overrule the Executive Director's determination, the Commission shall make a final determination based on the factors set forth above.
(f) If no candidate objects to the Executive Director's determination, if no candidate requests review by the Commission of the Executive Director's determination, if a request is made and two or more members of the Commission do not request to review the determination, or within one week of two members of the Commission requesting to review the Executive Director's determination, at least three members of the Commission do not vote to overrule the Executive Director's determination, the Executive Director's determination shall become final.
The Executive Director shall determine whether to adjust the Individual Expenditure Ceilings of each candidate for Mayor or the Board of Supervisors pursuant to either subsection (a) or (b) within one business day of a final determination.
(Added by Ord. 234-09, File. No. 090989, App. 11/20/2009; amended by Ord. 64-12, File No. 111082, App. 4/20/2012, Eff. 5/20/2012; Ord. 102-15
, File No. 150294, App. 6/25/2015, Eff. 7/25/2015; Ord. 83-19, File No. 190287, App. 5/10/2019, Eff. 6/10/2019; Ord. 218-19, File No. 190660, App. 10/4/2019, Eff. 11/4/2019, Oper. 1/1/2020)