Orange County Campaign Finance Reform, Measure E (November 2014)

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An Orange County Campaign Finance Reform, Measure E ballot question was on the November 4, 2014 election ballot for voters in Orange County, California. It was approved.

Upon approval, Measure E authorized the state's Fair Political Practices Commission (FPPC) to reach an agreement with the county and take over the role of civil prosecutor for the county's campaign ethics violations. Without the approval of Measure E or in the absence of an agreement between the county and the FPPC, the district attorney would have remained the chief prosecutor for campaign finance law violations.

Election results

Orange County, Measure E
Result		Votes	Percentage
a Yes		300,263	56.6%
No		229,970	43.4%

Election results via: Orange County Registrar of Voters

Text of measure

Impartial analysis

The following impartial analysis was prepared for this measure:

“	The Orange County Campaign Reform Ordinance was approved by the voters in 1992. The Ordinance sets contribution limits and regulates other campaign activity of County elected officials and candidates for those offices. Under the existing Ordinance, civil actions seeking monetary penalties for violations of the Ordinance may be brought by the Orange County District Attorney or by a County resident after following the procedure set forth in the Ordinance. Criminal violations are prosecuted by the District Attorney. There is no mechanism in the existing Ordinance for administrative enforcement short of filing a civil action. State legislation was introduced this year to authorize the Fair Political Practices Commission (“FPPC”) to enter into an agreement with a city or county for the FPPC’s civil administration, implementation and enforcement of a local campaign finance ordinance. The FPPC is a State agency that regulates and enforces the Political Reform Act of 1974, including its provisions on campaign finance. This measure would amend the Orange County Campaign Reform Ordinance to authorize Orange County and the FPPC to enter into an agreement for the FPPC to be the civil prosecutor of the Ordinance. The measure provides that in the absence of an agreement between the County and the FPPC, the District Attorney will be the civil prosecutor. The civil prosecutor can bring civil actions to enforce the Ordinance. Under the measure, authority to prosecute criminal violations of the Ordinance remains with the District Attorney. The measure also provides that the civil prosecutor may bring an administrative action to stop violations of the Ordinance, and to require the filing of reports, statements or other documents and payment to the County of a monetary penalty of up to $5,000 per violation. The measure further provides that an administrative action must be brought within 5 years after a violation occurs. This measure will become effective if approved by a majority of the voters in the County casting votes on the measure. Future changes to the Orange County Campaign Reform Ordinance, including this provision if approved, must be submitted to the voters for approval. However, the Board of Supervisors may impose additional requirements without voter approval. A “yes” vote is a vote to amend Orange County Campaign Reform Ordinance to authorize the Fair Political Practices Commission to be the civil prosecutor of the Ordinance and to add administrative enforcement to the Ordinance. A “no” vote is a vote not to amend the Orange County Campaign Reform Ordinance.	”
—Orange County Counsel

Full text

The full text of the measure is available here.

Support

Supporters

The following individuals signed the official arguments in favor of this measure:

• Shawn Nelson, chairman of the Orange County Board of Supervisors
• Todd Spitzer, Orange County Supervisor
• Darryl Wold, former chairman of the United States Federal Election Commission
• Ronald Rotunda, former commissioner of the California Fair Political Practices Commission
• State Senator Lou Correa (D-34)

The Republican Party of Orange County also endorsed a "yes" vote on Measure E.

Arguments in favor

The following was submitted as the official arguments in favor of this measure:

“	Measure E does one simple thing: it allows California’s ethics commission to enforce Orange County’s campaign finance rules. In 1974, California voters approved Proposition 9, the Political Reform Act, which created the Fair Political Practices Commission (FPPC). The FPPC is California’s ethics commission, serving as a watchdog enforcing California’s campaign finance laws. Currently, the FPPC is not allowed to enforce Orange County’s campaign finance regulations. Measure E amends Orange County’s campaign finance rules to permit the County to enter into an agreement with the FPPC to enforce our local campaign finance regulations. The FPPC will be able to provide enforcement, auditing, and training for Orange County’s campaign finance rules. Orange County’s lower campaign finance limits would remain unchanged. Read the text of Measure E yourself — you’ll see it does the following, nothing more, nothing less: Orange County can enter into an agreement for the FPPC to be the civil prosecutor enforcing Orange County’s campaign finance rules. If there’s no agreement, the civil prosecutor remains the District Attorney. The FPPC can impose penalties for violations of Orange County’s campaign finance rules — including fines of $5,000 per violation. The FPPC can refer cases to the District Attorney for criminal prosecution, if necessary. Currently, a politician is responsible for enforcing Orange County’s campaign finance rules. Some people want an Orange County ethics commission to enforce campaign finance rules while others have expressed concern about creating a new government bureaucracy. Measure E provides critical government reform by giving Orange County the best of both worlds by bringing in the expertise of the FPPC, California’s existing ethics commission. The FPPC is California’s watchdog and expert on enforcing campaign finance law. The FPPC is independent and far beyond the reach of Orange County’s politicians, lobbyists, labor unions, business groups, and special interests. Vote “Yes” on Measure E to allow California’s ethics commission to enforce Orange County’s campaign finance laws.	”
—Shawn Nelson, Todd Spitzer, Darryl Wold, Ronald Rotunda and Sen. Lou Correa (D-34)

Opposition

Opponents

The following individuals signed the official arguments in opposition to this measure:

• Shirley L. Grindle, author of TINCUP Campaign Reform ordinance
• Dave Baker, foreman of 2013-2014 Grand Jury
• Kay Bruce, co-president of the League of Women Voters of Orange County
• Wm. R. Mitchell, former chairman of Orange County Common Cause
• Fred Smoller, professor of political science

Arguments in against

The following was submitted as the official arguments in opposition to this measure:

“	According to the Orange County Grand Jury, Orange County has been a “hotbed of corruption” and “untoward behavior continues and is actively festering”. Former Sheriff Mike Carona is in prison, and there is a history of county executives that have been convicted or charged with serious crimes. Unfortunately, these problems have gone unaddressed for the past decade by the County District Attorney. As a result, several Grand Juries and citizen activists have repeatedly asked the Board of Supervisors to establish an independent Ethics Commission. This Commission would monitor and enforce conflicts of interest by county officials and employees, as well as monitor and enforce the County campaign finance law (TINCUP - Time Is Now, Clean Up Politics.) Rather than establish an Ethics Commission, the Board of Supervisors is asking the voters to amend the TINCUP Campaign Ordinance to allow the Board to contract with the Fair Political Practices Commission (FPPC) in Sacramento to review complaints and enforce violations of TINCUP. The FPPC would not address the culture of corruption in Orange County government and most of the violations of the county’s Campaign Reform Ordinance would also go undetected since only random audits would be conducted by the FPPC. An Orange County Ethics Commission would help reduce the influence of money and interest group power in County politics. Los Angeles, San Diego, San Francisco and at least five other major cities/counties in California have their own Ethics Commissions. Orange County needs one too. Contracting with a narrowly focused Sacramento-based bureaucracy will not get the job done. We can only get comprehensive reform by establishing a local Ethics Commission that is independent of the politicians. We therefore urge you to Vote No on Measure E to prevent this band-aid solution as an alternative to an Orange County Ethics Commission.	”
—Shirley L. Grindle, Dave Baker, Kay Bruce, Wm. R. Mitchell and Fred Smoller

See also

• Local elections and campaigns on the ballot
• Orange County, California ballot measures
• November 4, 2014 ballot measures in California

External links

Suggest a link

• Orange County Elections Office website