Agenda #4k
memorandum
to: Mayor and Town Council
from: Ralph D. Karpinos, Town Attorney
subject: Calling a Public Forum for Town Campaign Contribution Limitations and Disclosure Regulations
date: October 9, 2006
The attached resolution would call a public forum for November 13, 2006, to receive public comment on possible changes to the Town’s regulations on campaign contributions and on disclosure of names of contributors to Town municipal election campaigns.
Following receipt of legislative authority from the North Carolina General Assembly, the Chapel Hill Town Council, in October 1999, enacted regulations establishing a campaign contribution limitation ($200.00) and requiring the disclosure of names of contributors to election campaigns of candidates in Town municipal elections. The ordinance provides an exemption for contributors of amounts of $20.00 or less.
Attached as background are the agenda materials associated with the Council’s consideration of this matter in 1999.
At the time the limitations on contributions and disclosure requirements were enacted by the Town Council, it was noted that these regulations should be reconsidered at a future time to see if changes would be appropriate.
In June 2006, the Supreme Court of the United States issued an opinion in Randall v. Sorrell, a case challenging the contribution limits established for state offices in Vermont, including statewide offices as well as state senate and house seats, as being in violation of the First Amendment to the U.S. Constitution. Randall v. Sorrell, (Nos. 04-1528, 04-1530 and 04-1697) 382 F. 3d 91, reversed and remanded. A summary of the Court’s decision is attached.
I recommend the Council adopt the attached resolution to call a public forum for November 13, to hear citizen comment regarding possible modification to the current regulations on campaign contributions and contributor disclosure. If the Council adopts this resolution, we will attempt to contact persons who commented on this issue in 1999 and invite their input and will provide a more detailed commentary on the issues to be considered.