OC BLOG (CA): Penetrating insights from behind the Orange Curtain

 
 
 

TIN CUP 2: Another Final Thought...The Absurd Slate Mailer Provision

Posted by: Jubal | 02/05/2008 10:22 AM

One section of TIN CUP badly in need of elimination is the convoluted regulations government slate mailers.

One hallmark of a good law is that it is easily understandable to the average citizen. Here's the section of TIN CUP related to slate mailers:


Sec. 1-6-8.    Slate Mailers.  (Previously Sec. 1-6-24)

    (a)    The provisions of Government Code Section 82048.4 are not incorporated in, and shall not be used in the interpretation of, the Orange County Campaign Reform Ordinance.

    (b)    If a slate mailer is produced and/or distributed other than at the behest of a County Candidate, then it is an independent expenditure, and is not subject to the contribution limitations of this division.

    (c)    The following provisions shall apply only to slate mailers in which more than twenty-five (25) percent of the surface area of the slate mailer (exclusive of the area used for address and postage) expressly advocates or opposes the election of an individual County Candidate.

(1)    If a third party has provided funds to the slate mailer organization that are used for the production and/or distribution of a slate mailer at the behest of a County Candidate, then:

(A)    The attributable cost of production and/or distribution of the slate mailer is a contribution from the third party to the County Candidate to the extent the attributable cost of production and/or distribution exceeds the amount, if any, paid by the County Candidate or the controlled committee of such a candidate, up to the total of the funds provided by the third party, and this contribution is subject to the contribution limitations of this division, and

(B)    The attributable cost of production and/or distribution of the slate mailer that exceeds the total of the funds provided by the third party and any funds paid by the County Candidate or the controlled committee of such a candidate is a contribution from the slate mailer organization to the County Candidate, and this contribution is subject to the contribution limitations of this division.

(2)    If a slate mailer is produced or distributed at the behest of a County Candidate, without any contribution from a third party, then the attributable cost of production and/or distribution is a contribution from the slate mailer organization to the County Candidate to the extent the attributable cost of production and/or distribution exceeds the amount, if any, paid by the County Candidate or the controlled committee of such a candidate to the slate mailer organization, and this contribution is subject to the contribution limitations of this division.

(3)    If a slate mailer expressly opposes the election of a County Candidate, and the slate mailer is produced and/or distributed at the behest of an opposing County Candidate ("the opponent"), then:

(A)    If a third party has paid the slate mailer organization to oppose the County Candidate, then:

(i)    The attributable cost of production and/or distribution of the slate mailer is a contribution from the third party to the opponent to the extent it exceeds any payment to the slate mailer organization from the opponent or the controlled committee of such opponent up to the total amount paid to the slate mailer organization by the third party to oppose the County Candidate, and this contribution is subject to the contribution limitations of this division, and

    (ii)    The attributable cost of production and/or distribution of the slate mailer that exceeds the total of the payment made to the slate mailer organization by the third party to oppose the County Candidate and any payment made to the slate mailer organization by the opponent or the controlled committee of such opponent is a contribution from the slate mailer organization to the opponent, and this contribution is subject to the contribution limitations of this division.

(B)    If no third party has paid the slate mailer organization to oppose the County Candidate, then the attributable cost of production and/or distribution is a contribution from the slate mailer organization to the opponent to the extent the attributable cost of production and/or distribution exceeds the amount, if any, paid by the opponent or the controlled committee of such opponent to the slate mailer organization, and this contribution is subject to the contribution limitations of this division.

    (d)    "Attributable cost of production and/or distribution" is computed by multiplying the total cost of production and/or distribution of the slate mailer by a fraction, the numerator of which is the number of square inches of the mailer that expressly advocates or opposes the election of a County Candidate, and the denominator of which is the number of square inches of the mailer devoted to all candidates.

    (e)    A slate mailer is produced and/or distributed at the behest of a County Candidate:

(1)    If the County Candidate, or the County Candidate's controlled committee, or the County Candidate's or committee's agent or consultant pays any of the costs for the slate mailer, or provides any information or photographs used in the mailer, or consults or confers with the slate mailer organization in any manner regarding the content, timing, or distribution of the slate mailer, or

(2)    Under any of the circumstance described in section 18225.7(a) and section 18225.7(b) of Title 2 of the California Code of Regulations, as those sections exist as of June 1, 2002, or

(3)    A nonrefundable deposit made to a slate mailer organization shall not be considered a payment within the meaning of subsections (e)(1) or (e)(2) above, if (A) the deposit is made by, or on behalf of, a County Candidate who is not opposed in the County election, or (B) if the deposit is made as consideration for a written agreement whereby the slate mailer organization obligates itself to not produce a slate mailer in which more than twenty-five (25) percent of the surface area of the slate mailer (exclusive of the area used for address and postage) expressly advocates or opposes the election of the County Candidate by, or for whom, the non-refundable deposit is made.


Can anyone claim the preceding is comprehensible to the average person? Or even to a sophisticated person?

Why is this section even in TIN CUP? Because Shirley Grindle didn't like how Chris Norby benefited from being on Measure W mailers back in 2002, when he scored an upset victory of Sup. Cynthia Coad.. And so the then-Board of Supervisors, which was more in Shirley's thrall, amended TIN CUP with another arbitrary provision making it harder for challengers to take on incumbent.

TIN CUP 2 retains this cartoonish provision. If the Board of Supes votes down TIN CUP 2, a successor reform will hopefully 86 the the slate mailer regulation,

Comments

Dan Chmielewski said:

So if this happens, does that mean Republicans will stop complaining about the Hometown Voter Guide in Irvine?

Leave a comment

 

Type the characters you see in the picture above.

 

SPONSORED LINKS

Select a Red County Blog

MEET THE LOCAL EDITOR
 
 

Recent Comments

11/22/2008 9:23 AM

Anongymous commented about: How Liberal is Gus Ayer?

Mr. Ayer registered as a Republican to be electable in an interim election with no incumbents. He did...
 

11/20/2008 1:39 PM

John Hewitt commented about: The Darrell Nolta Drinking Game

Anonymous, you have an excellent point. Sometimes people become annoyed by a person or event, to the extent...
 

11/20/2008 2:33 AM

meme commented about: Seasons Greetings to Our Friends...

It’s Christmas again!! A time to cherish the beautiful white snow, smiling snowman, brightness of the Christmas décor...
 

11/19/2008 7:35 PM

orange county og commented about: Gang Members? What Gang members?

hahaha kpc veteran kpc is a wanabe gang that started like a pary crew then a gang how...
 

11/18/2008 11:47 PM

Fred Smoller commented about: More Details On Steve Rocco's Catsup Caper

you can see the documentary I made about him at recallingrocco "dot" com....
 

11/16/2008 10:02 PM

anonymous commented about: Todd Gallinger is the fourth member of "Keep Irvine Great"

Ed Anger, Get your facts straight. Its sad how ignorant people can be. The fact that he's muslim...
 

11/15/2008 4:01 PM

Grizzly commented about: Kudos To Chris Norby On CCWs

Disarming law-abiding citizens in the guise of protecting the community is counterintuitive. As you know, law enforcement cannot...
 

11/15/2008 1:38 PM

Blues commented about: Kudos To Chris Norby On CCWs

Just another reason to put on my list of things that need to be fixed in California before...
 

11/15/2008 12:25 PM

F&E Fan commented about: Same-Sex Marriage Advocates Continue Threatening Yes on 8 Supporters

The judges did not invent a right out of thin air, Jubal. They did their job in determining...
 

11/15/2008 12:16 PM

Bill commented about: Post-Victory Observations On Prop. 8

The loud call for opponents of Prop. 8 to “get over it and accept the will of the...
 

11/15/2008 9:05 AM

COTOBLOGZZ commented about: Sociopoly and the Fanny Playing Card Deck

Excellent - perhaps THAT card deck can be used for Sociopoly, adding GM Executives in some sort of...
 

11/15/2008 12:43 AM

Jubal commented about: Same-Sex Marriage Advocates Continue Threatening Yes on 8 Supporters

It's not hysteria, Missy. That would be the tone of your comments here, which are starting to take...
 

11/14/2008 10:58 PM

BigGuy commented about: Sociopoly and the Fanny Playing Card Deck

I have a Freddie Mac playing card deck that was used as a promotional item at recruitment fairs....
 

11/14/2008 10:57 PM

No Dah...Chris commented about: Update on Orange County's Closest Races - Garden Grove, Westminster, Yorba Linda, and SAUSD

Chris Emami, boy you sure daring to stick your neck out by declaring Andrew Do the winner. Any...
 

11/14/2008 9:29 PM

ADP commented about: Moorlach and Norby On CCWs

Mr Moorlach and his part time "law professor" have not been given all the facts. The new "verifiable...
 

11/14/2008 9:22 PM

Missy commented about: Same-Sex Marriage Advocates Continue Threatening Yes on 8 Supporters

"What Kevin is threatening would be the equivalent of seeking out my clients and threatening to make examples...
 

11/14/2008 9:16 PM

PMS commented about: Kudos To Chris Norby On CCWs

The more I read on the current situation of the CCW policy in Orange County the more concerned...
 

11/14/2008 9:09 PM

JDAP commented about: Kudos To Chris Norby On CCWs

Supervisor Norby; Thank you standing up for what's right instead of what is politically correct. Any man or...
 

11/14/2008 7:58 PM

Jubal commented about: Same-Sex Marriage Advocates Continue Threatening Yes on 8 Supporters

What is being attempted is a boycott of businesses owned by people who DONATED to the Yes on...
 

11/14/2008 6:59 PM

Tiki commented about: Kudos To Chris Norby On CCWs

Thank you Supervisor Norby....
 

What We're Talking About