Agenda Item 7A
November 7, 2017
Action
MEMOR ANDUM
November 3, 2017
TO:
County Council
FROM:
SUBJECT:
Robert H. Drummer, Senior Legislative Attorney ~
Action:
Expedited Bill 31-17, Elections - Public Campaign Financing -
Contributions - Amendments
Government Operations and Fiscal Policy Committee recommendation (3-0):
approve the Bill
as introduced.
Expedited Bill 31-17, Elections - Public Campaign Financing - Contributions -
Amendments, sponsored by Lead Sponsors Councilmembers Navarro, Katz and Council Vice
President Riemer, was introduced on October 3, 2017. A public hearing was held on October 17
and a Government Operations and Fiscal Policy Committee worksession was held on November
2.
Bill 31-17 would increase the amount of money an applicant candidate who is not married
can donate or loan the candidate's campaign to match the amount permitted for a candidate who
is married.
Background
Bill 16-14, Elections - Public Campaign Financing, was enacted on September 30, 2014
and signed into law on October 6, 2014. Bill 16-14 established the first public campaign finance
system for County elections in Maryland.
1
The law designates the Maryland State Board of
Elections to certify candidates and generally administer the public campaign financing system.
The Director of Finance is responsible for establishing a Public Election Fund and distributing the
public contributions to certified candidates. The Council has appropriated approximately $11
million to date for the Public Election Fund.
A candidate needs to obtain a specific number of small contributions from a County
resident of between $5 and $150 to qualify for public funding. Each of these qualifying
contributions must be received during the qualifying period.
A candidate for Executive must collect at least 500 qualifying contributions and an
aggregate total of at least $40,000 to qualify. A candidate for At-Large Councilmember must
collect at least 250 qualifying contributions and an aggregate total of at least $20,000. A candidate
On July 3, 2017, the Howard County Council overrode the Executive's veto ofa public campaign financing law that
is like the Montgomery County law. The new law will take effect for the 2022 elections in Howard County.
1
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for District Councilmember must collect at least 125 qualifying contributions and an aggregate
total of at least $10,000.
A candidate for Executive certified to receive public funding will be eligible for a matching
contribution of $6 for each dollar of a qualifying contribution for the first $50 of the contribution;
$4 for each dollar of the second $50; and $2 for each dollar of the third $50. The match for a
candidate for Councilmember is $4 for each dollar of the first $50; $3 for each dollar of the second
$50; and $2 for each dollar of the third $50. For example, a candidate for Executive who collects
3 qualifying contributions of $50 will receive $900 in matching funds and a candidate who collects
1 qualifying contribution of $150 would receive $600 in matching funds. The maximum public
contribution for a candidate for Executive is $750,000 for the primary and $750,000 for the general
election. The maximum public contribution for each election for At-Large Councilmember is
$250,000 and the maximum public contribution for each election for District Councilmember is
$125,000.
A candidate who voluntarily accepts a public contribution must pay for all campaign
expenses with the qualifying contributions, the matching public contributions, and a personal loan
or contribution from the candidate and the candidate's spouse. Section 16-20 limits personal
contributions or loans from the candidate or the candidate's spouse to no more than $6000 from
each. Thus, a candidate who is married may combine with the candidate's spouse to contribute or
loan the campaign up to $12,000 while an unmarried candidate is limited to a personal contribution
or loan of up to $6,000. Bill 31-17 would level the field by permitting any candidate, married or
unmarried, to contribute a maximum of $12,000 to the candidate's campaign. 0MB estimated that
the Bill would have no fiscal or economic impact. See ©7-10.
Public Hearing
The lone speaker, Sharon L. Cohen, opposed the Bill. See ©5-6. Ms. Cohen argued that
it was unfair to change the system in the middle of the campaign and that Bill 31-17 would be
unfair to those candidates who chose not to use public funding.
GO Worksession
David Crow, Finance, answered questions from the Committee. Robert H. Drummer,
Senior Legislative Attorney, represented the Council staff. The Committee discussed the need to
balance the allowable self-funding limits for both married and unmarried candidates seeking public
funding. Mr. Crow told the Committee that there are currently 32 candidates seeking public
funding, including 7 candidates who are already certified. The Committee recommended (3-0)
approval of the Bill as introduced.
Discussion
The 2018 primary election for Executive and Council is scheduled for June 26, 2018. A
candidate must file a notice of intent to use public funding for this election on or before April 15,
2018. This is the first election where a candidate can use the Public Campaign Financing Law.
Fundamental fairness to all candidates is always important in an election. Bill 31-1 7 would make
a change in the law after many of the campaigns for Executive and Council have begun, but almost
8 months before the primary election.
2
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It is important to note that Bill 31-17 would not change the amount of qualifying
contributions required to receive public contributions, the amount of the individual contributions
that can be solicited and received, or the amount of public funding that is available to certified
candidates. Bill 31-17 would only change the amount of money an unmarried candidate can self-
fund the candidate's campaign. While an across the board increase or decrease in the amount of
self-funding allowed for all candidates might be inappropriate now, Bill 31-17 only levels the
playing field between a married candidate and an unmarried candidate. The Public Campaign
Financing Law was not enacted to favor a candidate who is married over a candidate who is not.
In recognition that some married candidates may have already self-funded their campaign with
more than $6,000, the most appropriate method of remedying this inequality is to permit all
candidates seeking public funding to self-fund their campaign up to $12,000.
Committee
recommendation (3-0):
approve the Bill as introduced.
This packet contains:
Expedited Bill 31-1 7
Legislative Request Report
Testimony of Sharon
L.
Cohen
Fiscal and Economic Impact Statement
F:\LAW\BILLS\1731 Elections - Public Campaign Finance - Contributions - Amendments\Action Memo.Docx
Circle#
1
4
5
7
3
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31-17
Expedited Bill No.
Concerning: Elections - Public Campaign
Contributions
Financing
Amendments
Revised: September
19, 2017
Draft No.
1
October
3, 2017
Introduced:
April 3,
2019
Expires:
[date)
Enacted:
[date signed)
Executive:
[date takes effect)
Effective:
Sunset Date: ----'--'N=on=e'--- ------
[year)
Ch.
Jfil_,
Laws of Mont. Co.
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Navarro, Katz and Council Vice President Riemer
AN EXPEDITED ACT
to:
increase the amount of money an applicant candidate who is not married can donate
(1)
or loan the candidate's campaign to match the amount permitted for a candidate who
is married; and
generally amend the public campaign financing law governing eligible
(2)
contributions.
By amending
Montgomery County Code
Chapter 16, Elections
Section 16-20
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deleted.from existing law by original bill.
Added by amendment.
Deleted.from existing law or the bill by amendment.
Existing law unaffected by bill
The County Council for Montgomery County, Maryland approves the following Act:
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EXPEDITED BILL NO.
31-17
1
Sec. 1.
Section 16-20 is amended as follows:
2
3
16-20. Collecting qualifying contributions.
(a)
Before raising any contribution governed by this Article, an applicant
candidate must:
(
1)
4
5
6
file notice of intent with the Board on or before April 15 of the year
of the election on a form prescribed by the Board; and
7
(2)
establish a publicly funded campaign account for the candidate for
the purpose of receiving eligible contributions and spending funds
in accordance with this Article.
8
9
10
11
12
(b)
Other than a contribution from an applicant candidate or the candidate's
spouse, an applicant candidate must not accept an eligible contribution
from an individual greater than $150.
13
14
15
16
(
c)
An applicant candidate must not accept a loan from anyone other than the
candidate or the candidate's spouse. An applicant candidate [or] and the
candidat e's spouse together must not contribute or lend a combined total
of more than [$6000 each] $12,000 to the candidate's publicly funded
campaign account.
17
18
[(c)]@
Consumer Price Index adjustment. The Chief Administrative
19
Officer must adjust the contribution limit established in Subsection (b),
effective July 1, 2018, and July 1 of each subsequent fourth year, by the
annual average increase, if any, in the Consumer Price Index for the
previous 4 calendar years. The Chief Administrative Officer must
calculate the adjustment to the nearest multiple of 10 dollars, and must
publish the amount of this adjustment not later than March 1 of each
fourth year.
Sec. 2.
Expedited Effective Date.
20
21
22
23
24
25
26
27
The Council declares that this legislation is necessary for the immediate
f:\law\bills\1731 elections - public campaig0 ce - contributions - amendments\bill 1.docx
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EXPEDITED BILL
No. 31-17
28
29
30
protection of the public interest. This Act takes effect on the date on which it becomes
law.
Approved:
31
Roger Berliner, President, County Council
32
Date
Approved:
33
Isiah Leggett, County Executive
34
Date
This is a correct copy ofCouncil action.
35
Linda M. Lauer, Clerk of the Council
Date
t;J
f:\law\bills\1731 elections - public campaign~ c e - contributions - amendments\bill 1.docx
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LEGISLATIVE REQUEST REPORT
Expedited Bill 31-17
Elections
-
Public Campaign Financing
-
Contributions
-
Amendments
DESCRIPTION:
Section 16-20 limits personal contributions or loans from the candidate
or the candidate's spouse to no more than $6000 from each. The result
is that a candidate who is married may combine with the candidate's
spouse to contribute or loan the campaign up to $12,000 while an
unmarried candidate is limited to a personal contribution or loan of up
to $6,000. Bill 31-17 would level the field by permitting any
candidate, married or unmarried, to contribute a maximum of $12,000
to the candidate's campaign.
The law permits a married candidate to contribute $12,000 to the
candidate's campaign while only permitting an unmarried candidate to
contribute $6,000.
A level playing field between married and unmarried candidates.
Finance, County Attorney
To be requested.
To be requested.
NIA
NIA
PROBLEM:
GOALSAND
OBJECTIVES:
COORDINATION:
FISCAL IMP ACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Robert H. Drummer, Senior Legislative Attorney
Not applicable.
Class A Violation
F:\LAW\BILLS\1731 Elections - Public Campaign Finance - Contributions - Amendments\LRR.Docx
®
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Testimony from Sharon
L.
Cohen
Resident of Potomac, MD
Before The Montgomery County Council on
!:xpedited Bill 31-17
-
Public Campaign Finance Amendment
October 17, 2017
Good afternoon my name is Sharon Cohen. By way of background, I serve
on the Executive Board of the Montgomery County Republican Central
Committee and also serve as the Vice-Chair of the Council's Committee to
Recommend Funding for the Public Election Fund (PEF). I have a broad
understanding of the new PEF program. But today I testify solely on my on
behalf, and I am speak in opposition to Expedited bill 31-17.
I will be brief and to the point. Making law changes now in the final quarter
of the election cycle is unfair and downright inappropriate as many of you
seek to qualify for PEF funding for your own candidacies.
Rather than "leveling the field" as some among you claim, in fact what you
did with expedited bill 25-17 (the first round of PEF law changes moved this
past summer) and now with proposed expedited bill 31-17 is to
CHANGE
THE RULES OF THE GAME IN THE MIDDLE OF PLAY!
Many candidates for county office have already filed for office. Some
choose to be PEF candidates, others not. Those decisions to seek or NOT
seek PEF funding were based among other things on the PEF law at the
time those decisions were made. Further, prospective candidate may have
chosen to NOT run at all again based on the PEF law at the time.
The PEF law changes in this expedited bill and the prior measure give PEF
candidates a leg up by
making it easier for PEF candidates to secure public
funding!
That is a disadvantage to non-PEF candidates who have already
filed and collected campaign contributions.
The candidacy-filing deadline is about 4 months away! That leaves virtually
no time for a non-PEF candidate that's already filed and collected
contributions to switch over to become a PEF candidate now that the rules
of the game have changed and it's easier to qualify. The same goes for
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prospective candidates who may have held off- decided not to run --
because the PEF law at the time had a higher bar to qualify.
In July I asked the Council when I testified against the first round of PEF law
changes, what would happen if the Council identi fied additi onal problems
or challenges with the PEF law? I asked how many more expedited bills will
the Council attem pt to move between now and the June 2018 Primary or
between the Primary and General Election? Now a mere three months
later, the Council is indeed back to make more changes to the PEF law.
Where does this end? This is a make it up as you go farce.
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ROCKVILLE_
MAKYLAND
MEMORANDU M
October 30, 2017
TO:
FROM:
Roger Berliner, President, County Council
Jennifer A. Hughes, Director, Office of Management and Budget.
Alexandre A. Espinosa, Director, Department of Finance
'J1,1
fJ¥'
·· ·
M¢-f
SUBJECT:
FEIS for Bill No. 31-17, Elections, Public Campaign Financing - Contribution
Please find attached the fiscal and economic impact statements for the above-
referenced legislation.
JAH:aa
cc: Bonnie Kirkland, Assistant Chief Administrative Officer
Lisa Austin, Offices of the County Executive
Joy Nurmi, Special Assistant to the County Executive
Patrick Lacefield, Director, Public Information Office
David Platt. Department of Finance
David Crow, Department of Finance
Robert Hagedoom, Department of Finance
Anita Aryeetey, Office of Management and Budget
Felicia Zhang, Office of Management and Budget
®
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Fiscal Impact Statement
Expedited Bill 31-17, Elections, Public Campaign Financing - Contribution
1.
Legislative Summary:
The proposed legislation would increase the amount of money an applicant candidate
who is not married can donate or loan the candidate's campaign, from $6,000 to $12,000,
to match the amount permitted for a candidate who is married.
2. An estimate of changes in County revenues and expenditures regardless of whether
the revenues or expenditures are assumed in the recommended or approved budget.
Includes source of information, assumptions, and methodologies used.
The bill would have no impact on County revenues or expenditures. Since Bill 31-17
simply amends current law to increase the amount of money an applicant candidate who
is not married can donate or loan the candidate's campaign, there are no sources of
information, assumptions or methodologies used in the preparation of the fiscal impact
statement.
3. Revenue and expenditure estimates covering at least the next 6 fiscal years.
Not Applicable.
4. An actuarial analysis through the entire amortization period for each bill that would
affect retiree pension or group insurance costs.
· Not Applicable.
5. An estimate of expenditures related to County's information technology
(IT)
systems, including Enterprise Resource Planning (ERP) systems.
Not Applicable.
6. Later actions that may affect future revenue and expenditures
if
the bill authorizes
future spending.
Not Applicable.
7. An estimate of the staff time needed to implement the bill.
There will be no additional staff time needed to implement this bill.
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8. An explanation of how the addition of new staff responsibilities would affect other
duties.
Not applicable.
9. An estimate of costs when an additional appropriation is needed.
Not applicable.
10. A description of any variable that could affect revenue and cost estimates.
Not applicable.
11.
Ranges of revenue or expenditures that are uncertain or difficult to project.
Not Applicable.
12.
If
a bill is likely to have no fiscal impact, why that is the case.
Since Bill 31-17 simply amends current law to increase the amount of money an
applicant candidate who is not married can donate or loan the candidate's campaign,
there are no impacts to Fund matching and thus no fiscal impact.
13. Other fiscal impacts or comments.
Not Applicable.
14. The following contributed to and concurred with this analysis:
David Crow, Department of Finance; Anita Aryeetey, Office of Management and Budget.
Date
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Economic Impact Statement
Expedited Bill 31-17, Elections, Public Campaign Financing
-
Contributions
Background:
This legislation would increase the amount of money an applicant candidate \Vho is not married
can donate or loan the candidate's campaign to match the amount permitted for a candidate who
is mmTied. Bill 31-17 amends Section 16-20 of the County Code to read:
··An applicant cm1dida1e and the candidate·s spouse together must not contribute or lend a
combined total of more than $12.000 to the candidatc·s publicly funded campaign account."
1.
The sources of information, assumptions, and methodologies used.
Since
Bill 31-17
simply amends cun-ent law
to
increase
the
amount of money
an
applicant
candidate who is not married can donate or loan the candidate's campaign. there are no
sources of information. assumptions or methodologies used in the preparation of the
economic impact statement.
2. A description of any variable that could affect the economic impact estimates.
There are no variables that could affoct the economic impact estimates.
3. The Bill's positive or negative effect, if any on employment, spending, savings,
investment, incomes, and property values in the County.
The legislation would increase the amount of money a candidate who is not married can
donate or loan to match the amount pennitted
for a
candidate
who
is married. Therefore.
Bill
31-17
would have no material impact
on
the County"s economy.
4. If
a Bill is likely to have no economic impact,
why
is that the case?
Please see paragraph #3.
5. The following contributed to or concurred with this analysis:
Da,·id
Platt.
David
Crow.
and Robert Hagedoorn, Finance.
/
r
/'I
/J.--:J
Alexandrd A.Espi1{6sa. Director
Department of Finance
Date
It
7_
j
Page
1
of
1
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Agenda Item 7A
November 7, 2017
Action
MEMOR ANDUM
November 3, 2017
TO:
County Council
FROM:
SUBJECT:
Robert H. Drummer, Senior Legislative Attorney ~
Action:
Expedited Bill 31-17, Elections - Public Campaign Financing -
Contributions - Amendments
Government Operations and Fiscal Policy Committee recommendation (3-0):
approve the Bill
as introduced.
Expedited Bill 31-17, Elections - Public Campaign Financing - Contributions -
Amendments, sponsored by Lead Sponsors Councilmembers Navarro, Katz and Council Vice
President Riemer, was introduced on October 3, 2017. A public hearing was held on October 17
and a Government Operations and Fiscal Policy Committee worksession was held on November
2.
Bill 31-17 would increase the amount of money an applicant candidate who is not married
can donate or loan the candidate's campaign to match the amount permitted for a candidate who
is married.
Background
Bill 16-14, Elections - Public Campaign Financing, was enacted on September 30, 2014
and signed into law on October 6, 2014. Bill 16-14 established the first public campaign finance
system for County elections in Maryland.
1
The law designates the Maryland State Board of
Elections to certify candidates and generally administer the public campaign financing system.
The Director of Finance is responsible for establishing a Public Election Fund and distributing the
public contributions to certified candidates. The Council has appropriated approximately $11
million to date for the Public Election Fund.
A candidate needs to obtain a specific number of small contributions from a County
resident of between $5 and $150 to qualify for public funding. Each of these qualifying
contributions must be received during the qualifying period.
A candidate for Executive must collect at least 500 qualifying contributions and an
aggregate total of at least $40,000 to qualify. A candidate for At-Large Councilmember must
collect at least 250 qualifying contributions and an aggregate total of at least $20,000. A candidate
On July 3, 2017, the Howard County Council overrode the Executive's veto ofa public campaign financing law that
is like the Montgomery County law. The new law will take effect for the 2022 elections in Howard County.
1
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for District Councilmember must collect at least 125 qualifying contributions and an aggregate
total of at least $10,000.
A candidate for Executive certified to receive public funding will be eligible for a matching
contribution of $6 for each dollar of a qualifying contribution for the first $50 of the contribution;
$4 for each dollar of the second $50; and $2 for each dollar of the third $50. The match for a
candidate for Councilmember is $4 for each dollar of the first $50; $3 for each dollar of the second
$50; and $2 for each dollar of the third $50. For example, a candidate for Executive who collects
3 qualifying contributions of $50 will receive $900 in matching funds and a candidate who collects
1 qualifying contribution of $150 would receive $600 in matching funds. The maximum public
contribution for a candidate for Executive is $750,000 for the primary and $750,000 for the general
election. The maximum public contribution for each election for At-Large Councilmember is
$250,000 and the maximum public contribution for each election for District Councilmember is
$125,000.
A candidate who voluntarily accepts a public contribution must pay for all campaign
expenses with the qualifying contributions, the matching public contributions, and a personal loan
or contribution from the candidate and the candidate's spouse. Section 16-20 limits personal
contributions or loans from the candidate or the candidate's spouse to no more than $6000 from
each. Thus, a candidate who is married may combine with the candidate's spouse to contribute or
loan the campaign up to $12,000 while an unmarried candidate is limited to a personal contribution
or loan of up to $6,000. Bill 31-17 would level the field by permitting any candidate, married or
unmarried, to contribute a maximum of $12,000 to the candidate's campaign. 0MB estimated that
the Bill would have no fiscal or economic impact. See ©7-10.
Public Hearing
The lone speaker, Sharon L. Cohen, opposed the Bill. See ©5-6. Ms. Cohen argued that
it was unfair to change the system in the middle of the campaign and that Bill 31-17 would be
unfair to those candidates who chose not to use public funding.
GO Worksession
David Crow, Finance, answered questions from the Committee. Robert H. Drummer,
Senior Legislative Attorney, represented the Council staff. The Committee discussed the need to
balance the allowable self-funding limits for both married and unmarried candidates seeking public
funding. Mr. Crow told the Committee that there are currently 32 candidates seeking public
funding, including 7 candidates who are already certified. The Committee recommended (3-0)
approval of the Bill as introduced.
Discussion
The 2018 primary election for Executive and Council is scheduled for June 26, 2018. A
candidate must file a notice of intent to use public funding for this election on or before April 15,
2018. This is the first election where a candidate can use the Public Campaign Financing Law.
Fundamental fairness to all candidates is always important in an election. Bill 31-1 7 would make
a change in the law after many of the campaigns for Executive and Council have begun, but almost
8 months before the primary election.
2
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It is important to note that Bill 31-17 would not change the amount of qualifying
contributions required to receive public contributions, the amount of the individual contributions
that can be solicited and received, or the amount of public funding that is available to certified
candidates. Bill 31-17 would only change the amount of money an unmarried candidate can self-
fund the candidate's campaign. While an across the board increase or decrease in the amount of
self-funding allowed for all candidates might be inappropriate now, Bill 31-17 only levels the
playing field between a married candidate and an unmarried candidate. The Public Campaign
Financing Law was not enacted to favor a candidate who is married over a candidate who is not.
In recognition that some married candidates may have already self-funded their campaign with
more than $6,000, the most appropriate method of remedying this inequality is to permit all
candidates seeking public funding to self-fund their campaign up to $12,000.
Committee
recommendation (3-0):
approve the Bill as introduced.
This packet contains:
Expedited Bill 31-1 7
Legislative Request Report
Testimony of Sharon
L.
Cohen
Fiscal and Economic Impact Statement
F:\LAW\BILLS\1731 Elections - Public Campaign Finance - Contributions - Amendments\Action Memo.Docx
Circle#
1
4
5
7
3
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31-17
Expedited Bill No.
Concerning: Elections - Public Campaign
Contributions
Financing
Amendments
Revised: September
19, 2017
Draft No.
1
October
3, 2017
Introduced:
April 3,
2019
Expires:
[date)
Enacted:
[date signed)
Executive:
[date takes effect)
Effective:
Sunset Date: ----'--'N=on=e'--- ------
[year)
Ch.
Jfil_,
Laws of Mont. Co.
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Navarro, Katz and Council Vice President Riemer
AN EXPEDITED ACT
to:
increase the amount of money an applicant candidate who is not married can donate
(1)
or loan the candidate's campaign to match the amount permitted for a candidate who
is married; and
generally amend the public campaign financing law governing eligible
(2)
contributions.
By amending
Montgomery County Code
Chapter 16, Elections
Section 16-20
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deleted.from existing law by original bill.
Added by amendment.
Deleted.from existing law or the bill by amendment.
Existing law unaffected by bill
The County Council for Montgomery County, Maryland approves the following Act:
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EXPEDITED BILL NO.
31-17
1
Sec. 1.
Section 16-20 is amended as follows:
2
3
16-20. Collecting qualifying contributions.
(a)
Before raising any contribution governed by this Article, an applicant
candidate must:
(
1)
4
5
6
file notice of intent with the Board on or before April 15 of the year
of the election on a form prescribed by the Board; and
7
(2)
establish a publicly funded campaign account for the candidate for
the purpose of receiving eligible contributions and spending funds
in accordance with this Article.
8
9
10
11
12
(b)
Other than a contribution from an applicant candidate or the candidate's
spouse, an applicant candidate must not accept an eligible contribution
from an individual greater than $150.
13
14
15
16
(
c)
An applicant candidate must not accept a loan from anyone other than the
candidate or the candidate's spouse. An applicant candidate [or] and the
candidat e's spouse together must not contribute or lend a combined total
of more than [$6000 each] $12,000 to the candidate's publicly funded
campaign account.
17
18
[(c)]@
Consumer Price Index adjustment. The Chief Administrative
19
Officer must adjust the contribution limit established in Subsection (b),
effective July 1, 2018, and July 1 of each subsequent fourth year, by the
annual average increase, if any, in the Consumer Price Index for the
previous 4 calendar years. The Chief Administrative Officer must
calculate the adjustment to the nearest multiple of 10 dollars, and must
publish the amount of this adjustment not later than March 1 of each
fourth year.
Sec. 2.
Expedited Effective Date.
20
21
22
23
24
25
26
27
The Council declares that this legislation is necessary for the immediate
f:\law\bills\1731 elections - public campaig0 ce - contributions - amendments\bill 1.docx
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EXPEDITED BILL
No. 31-17
28
29
30
protection of the public interest. This Act takes effect on the date on which it becomes
law.
Approved:
31
Roger Berliner, President, County Council
32
Date
Approved:
33
Isiah Leggett, County Executive
34
Date
This is a correct copy ofCouncil action.
35
Linda M. Lauer, Clerk of the Council
Date
t;J
f:\law\bills\1731 elections - public campaign~ c e - contributions - amendments\bill 1.docx
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LEGISLATIVE REQUEST REPORT
Expedited Bill 31-17
Elections
-
Public Campaign Financing
-
Contributions
-
Amendments
DESCRIPTION:
Section 16-20 limits personal contributions or loans from the candidate
or the candidate's spouse to no more than $6000 from each. The result
is that a candidate who is married may combine with the candidate's
spouse to contribute or loan the campaign up to $12,000 while an
unmarried candidate is limited to a personal contribution or loan of up
to $6,000. Bill 31-17 would level the field by permitting any
candidate, married or unmarried, to contribute a maximum of $12,000
to the candidate's campaign.
The law permits a married candidate to contribute $12,000 to the
candidate's campaign while only permitting an unmarried candidate to
contribute $6,000.
A level playing field between married and unmarried candidates.
Finance, County Attorney
To be requested.
To be requested.
NIA
NIA
PROBLEM:
GOALSAND
OBJECTIVES:
COORDINATION:
FISCAL IMP ACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Robert H. Drummer, Senior Legislative Attorney
Not applicable.
Class A Violation
F:\LAW\BILLS\1731 Elections - Public Campaign Finance - Contributions - Amendments\LRR.Docx
®
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Testimony from Sharon
L.
Cohen
Resident of Potomac, MD
Before The Montgomery County Council on
!:xpedited Bill 31-17
-
Public Campaign Finance Amendment
October 17, 2017
Good afternoon my name is Sharon Cohen. By way of background, I serve
on the Executive Board of the Montgomery County Republican Central
Committee and also serve as the Vice-Chair of the Council's Committee to
Recommend Funding for the Public Election Fund (PEF). I have a broad
understanding of the new PEF program. But today I testify solely on my on
behalf, and I am speak in opposition to Expedited bill 31-17.
I will be brief and to the point. Making law changes now in the final quarter
of the election cycle is unfair and downright inappropriate as many of you
seek to qualify for PEF funding for your own candidacies.
Rather than "leveling the field" as some among you claim, in fact what you
did with expedited bill 25-17 (the first round of PEF law changes moved this
past summer) and now with proposed expedited bill 31-17 is to
CHANGE
THE RULES OF THE GAME IN THE MIDDLE OF PLAY!
Many candidates for county office have already filed for office. Some
choose to be PEF candidates, others not. Those decisions to seek or NOT
seek PEF funding were based among other things on the PEF law at the
time those decisions were made. Further, prospective candidate may have
chosen to NOT run at all again based on the PEF law at the time.
The PEF law changes in this expedited bill and the prior measure give PEF
candidates a leg up by
making it easier for PEF candidates to secure public
funding!
That is a disadvantage to non-PEF candidates who have already
filed and collected campaign contributions.
The candidacy-filing deadline is about 4 months away! That leaves virtually
no time for a non-PEF candidate that's already filed and collected
contributions to switch over to become a PEF candidate now that the rules
of the game have changed and it's easier to qualify. The same goes for
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prospective candidates who may have held off- decided not to run --
because the PEF law at the time had a higher bar to qualify.
In July I asked the Council when I testified against the first round of PEF law
changes, what would happen if the Council identi fied additi onal problems
or challenges with the PEF law? I asked how many more expedited bills will
the Council attem pt to move between now and the June 2018 Primary or
between the Primary and General Election? Now a mere three months
later, the Council is indeed back to make more changes to the PEF law.
Where does this end? This is a make it up as you go farce.
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ROCKVILLE_
MAKYLAND
MEMORANDU M
October 30, 2017
TO:
FROM:
Roger Berliner, President, County Council
Jennifer A. Hughes, Director, Office of Management and Budget.
Alexandre A. Espinosa, Director, Department of Finance
'J1,1
fJ¥'
·· ·
M¢-f
SUBJECT:
FEIS for Bill No. 31-17, Elections, Public Campaign Financing - Contribution
Please find attached the fiscal and economic impact statements for the above-
referenced legislation.
JAH:aa
cc: Bonnie Kirkland, Assistant Chief Administrative Officer
Lisa Austin, Offices of the County Executive
Joy Nurmi, Special Assistant to the County Executive
Patrick Lacefield, Director, Public Information Office
David Platt. Department of Finance
David Crow, Department of Finance
Robert Hagedoom, Department of Finance
Anita Aryeetey, Office of Management and Budget
Felicia Zhang, Office of Management and Budget
®
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Fiscal Impact Statement
Expedited Bill 31-17, Elections, Public Campaign Financing - Contribution
1.
Legislative Summary:
The proposed legislation would increase the amount of money an applicant candidate
who is not married can donate or loan the candidate's campaign, from $6,000 to $12,000,
to match the amount permitted for a candidate who is married.
2. An estimate of changes in County revenues and expenditures regardless of whether
the revenues or expenditures are assumed in the recommended or approved budget.
Includes source of information, assumptions, and methodologies used.
The bill would have no impact on County revenues or expenditures. Since Bill 31-17
simply amends current law to increase the amount of money an applicant candidate who
is not married can donate or loan the candidate's campaign, there are no sources of
information, assumptions or methodologies used in the preparation of the fiscal impact
statement.
3. Revenue and expenditure estimates covering at least the next 6 fiscal years.
Not Applicable.
4. An actuarial analysis through the entire amortization period for each bill that would
affect retiree pension or group insurance costs.
· Not Applicable.
5. An estimate of expenditures related to County's information technology
(IT)
systems, including Enterprise Resource Planning (ERP) systems.
Not Applicable.
6. Later actions that may affect future revenue and expenditures
if
the bill authorizes
future spending.
Not Applicable.
7. An estimate of the staff time needed to implement the bill.
There will be no additional staff time needed to implement this bill.
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8. An explanation of how the addition of new staff responsibilities would affect other
duties.
Not applicable.
9. An estimate of costs when an additional appropriation is needed.
Not applicable.
10. A description of any variable that could affect revenue and cost estimates.
Not applicable.
11.
Ranges of revenue or expenditures that are uncertain or difficult to project.
Not Applicable.
12.
If
a bill is likely to have no fiscal impact, why that is the case.
Since Bill 31-17 simply amends current law to increase the amount of money an
applicant candidate who is not married can donate or loan the candidate's campaign,
there are no impacts to Fund matching and thus no fiscal impact.
13. Other fiscal impacts or comments.
Not Applicable.
14. The following contributed to and concurred with this analysis:
David Crow, Department of Finance; Anita Aryeetey, Office of Management and Budget.
Date
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Economic Impact Statement
Expedited Bill 31-17, Elections, Public Campaign Financing
-
Contributions
Background:
This legislation would increase the amount of money an applicant candidate \Vho is not married
can donate or loan the candidate's campaign to match the amount permitted for a candidate who
is mmTied. Bill 31-17 amends Section 16-20 of the County Code to read:
··An applicant cm1dida1e and the candidate·s spouse together must not contribute or lend a
combined total of more than $12.000 to the candidatc·s publicly funded campaign account."
1.
The sources of information, assumptions, and methodologies used.
Since
Bill 31-17
simply amends cun-ent law
to
increase
the
amount of money
an
applicant
candidate who is not married can donate or loan the candidate's campaign. there are no
sources of information. assumptions or methodologies used in the preparation of the
economic impact statement.
2. A description of any variable that could affect the economic impact estimates.
There are no variables that could affoct the economic impact estimates.
3. The Bill's positive or negative effect, if any on employment, spending, savings,
investment, incomes, and property values in the County.
The legislation would increase the amount of money a candidate who is not married can
donate or loan to match the amount pennitted
for a
candidate
who
is married. Therefore.
Bill
31-17
would have no material impact
on
the County"s economy.
4. If
a Bill is likely to have no economic impact,
why
is that the case?
Please see paragraph #3.
5. The following contributed to or concurred with this analysis:
Da,·id
Platt.
David
Crow.
and Robert Hagedoorn, Finance.
/
r
/'I
/J.--:J
Alexandrd A.Espi1{6sa. Director
Department of Finance
Date
It
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