CAMPAIGN FINANCE LANGUAGE take two William Tarter, Jr. 2012 Commissioner, Charter Review Commission Second Vice President, NAACP Cleveland Chapter

reminder Appearing as a private citizen, not representative of my employer or civic organization. Organizational support for the proposal includes the League of Women Voters and the NAACP, and more.

Happenings since the last presentation This issue is complex as it touches on the actual limits, age ranges of donors, and enforcement. It will require more than a few weeks to craft. We can address what we can locally & statewide, as well as continue to advocate elsewhere, including Congress and the Supreme Court. What we can discuss: Allow campaign filings to be done electronically (SB44) Contractor cross-check and disclosures (San Diego) Contractor limits (Federal government) Enact limits in the future

Happenings since the last presentation I have watched the tape of my last presentation, as well as met with several County Councilmembers to get their thoughts and feedback. Surprisingly, there was openness to at least some limits, but lamentations continued about role of dark money. In each of the city examples in my research, there is language in the charter that enables campaign related items, but the specifics are spelled out in ordinance. Thresholds for passage are also different.

Question: Can the County Charter create limits? YES!!! “County or local candidates are not limited in the amount of contributions they may receive, other than those received in cash, unless there is a municipal or county charter that provides otherwise. Enforcement of charter-prescribed contribution limits is the responsibility of the law director or other charter office. County and local candidates are limited as to how much their committees may contribute to certain other entities.” [R.C. 3517.102] https://www.sos.state.oh.us/globalassets/candidates/cfguide/chapters/chapter2.pdf

Proposed language Council has to be granted the authority CURRENT LANGUAGE None PROPOSED LANUGAGE SECTION 3.09 POWERS AND DUTIES OF THE COUNCIL The legislative power of the County, including the power to introduce, enact and amend ordinances and resolutions relating to all matters within the legislative power of the County, is vested in the Council. All powers and duties of the Council shall be exercised by ordinance or resolution and shall include, but not be limited to, the following: (13) To establish by ordinance campaign related laws governing the election of any County officers and officials including, without limitation, campaign finance limits, donor disclosure requirements, donor age limits, enforcement or other provisions to avoid violations of the public trust.

Retooled proposal In addition to the language, a statement from the body noting the absence of campaign finance limits from County government, and the need to bring the County into alignment with other levels of government. If this proposal is passed by Council to a vote of the people, then it would be preferable to ask Council leadership for the legislative process to remedy this right away, perhaps under the review of the Council Operations, Intergovernmental Relations & Public Transportation Committee.

Retooled proposal If the Charter change is passed by Council, ideas and language can be prepared and ready to go for consideration in the legislature, if voters ultimately approve.

Benefits of new proposal Provides avenue to raise the Public Trust Shields the County was possible Court challenge in the future Future-proofs the Charter for campaign related ordinances Allows for the public to make an initial statement on ability for the County to enact such language

present day Government Level Campaign Finance Limits? Individual Limit Amounts Federal (Congressional) Yes $2,700 Judicial Races (Set by Ohio Supreme Court) $3,800 (Sup. Ct., per election) $1,300 (Appeals Ct., per election) State (Governor) $12,707.79 State (Ohio House & Senate) Cuyahoga County No Unlimited City of Cleveland $5,000, Mayor (up from $1,000) $1,500 Council (up from $1,000) https://transition.fec.gov/info/contriblimitschart1718.pdf http://www.ideastream.org/news/cleveland-city-council-raises-campaign-contribution-limits https://ballotpedia.org/Campaign_finance_requirements_for_Ohio_judicial_elections (Jan. 2017)