| By Jorge Casuso
June 21 -- For the first time in 15 years, the City
Council could be poised to revisit Santa Monica’s $250
campaign contribution limit as part of a contemplated overhaul
of local election laws.
The issue surfaced Tuesday night when the council voted 4
to 0 to direct staff to explore ways to publicly finance local
elections, improve the City’s filing and disclosure
system and review the enforcement challenges of local campaign
laws.
The issue of boosting the $250 limit in place since 1992
came after City Attorney Marsha Moutrie cautioned that the
low amount could be challenged legally and could hinder the
council’s efforts to control contributions to independent
committees that currently receive unlimited contributions.
“We really think that you should give serious consideration
to increasing the contribution limit in Santa Monica, because
there is a growing body of case law that strikes down contribution
limits that are so low they limit the candidates’ ability
to get the word out.”
Mayor Richard Bloom said an increase was long overdue.
“I do believe that we should have a modest increase,
because it hasn’t been indexed over all these years,”
Bloom said. “If we raised it to $300 and indexed it
in the future, it would be a step in the right direction.”
Council member Ken Genser, who like Bloom is a member of
Santa Monicans for Renters’ Rights, balked at the notion
of raising the limit, but did not dismiss it.
“If we have to raise it, we should raise it to the
absolute minimum amount,” Genser said. “The low
limit is a great leveler and democratizer.”
The willingness of Bloom to raise the limit could be crucial.
The three business-backed council members most likely to approve
an increase -- Bob Holbrook, Herb Katz and Bobby Shriver --
were not on the dais when the item was discussed at around
12:30 a.m.
SMRR Chair Dennis Zane denounced any proposed increase to
the limit, saying he was “shocked” at the suggestion
that the amount was “infirmly low because it doesn’t
allow candidates to influence elections.
“People raise over $100,000 regularly with that limitation,”
said Zane, a former mayor.
Michael Tarbet, an organizer for the powerful tenants’
group who sits on its campaign committee, also opposed an
increase.
“We’ve been obeying that $250 limit and winning
elections for 27 years,” Tarbet said, adding that the
influential Police Officers’ Association (POA) also
abides by the limit. “No one has challenged the law.”
Bruce Cameron, a member of SMRR’s steering committee
agreed.
“The current law is essentially good law,” Cameron
said. “It encourages participation by a large number
of people. I think we should be keeping limits as low as we
can keep them and keep them enforceable.”
In addition to exploring boosting the contribution limit,
the council voted to look into public financing of campaigns,
although several council members cautioned that paying for
it could pose a major problem.
“Where would the money come from?” said Council
member Pam O’Connor. “There’s no sense in
moving forward and then saying, ‘Well, maybe we can’t
fund it.’ We have to figure out how it will be paid
for.”
Bloom also expressed his doubts about public financing.
“I’m very reticent to support publicly financed
campaigns,” he said. “I’m not convinced
it solves a problem that reuires this expensive and radical
change.”
Most of the council members present agreed with several of
the speakers that the City needs to enforce the campaign contribution
limit for independent expenditure committees.
Such committees spent more than $500,000 in the recent council
race, thanks to donations from the Edward Thomas Management
Company, which owns two beachfront hotels. (see
story)
“Allowing unbridled contributions tends to negate limits,”
Genser said.
Zane said the City needs to “actually enforce the existing
laws that have been in the books for more than a decade.
“That has simply been ignored and is bringing cynicism
to the political process,” he said.
But the City Attorney cautioned that limiting contributions
to independent committees might not stand up to legal muster,
especially with the City’s low contribution limit.
“Trying a serious attempt to control contributions
to independent committees makes it riskier for you,”
Moutrie said. ”It’s legally kind of challenging.
(But) we’re here to take orders.”
In addition to looking at ways to enforce contribution limits
to independent campaigns, the council directed staff to investigate
improving campaign filings and disclosures, including using
new software.
One of the options staff will explore would require contributors
to report a contribution the day it was actually made.
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