Article III — Agency Duties

A.

The Commission shall implement and administer the program in accordance with the findings and purposes of this Act.

B.

Following the first election after the effective date of this Act and by an affirmative vote of at least five (5) of its members, the Commission may:

Adjust any of the following if the Commission determines that the adjustment furthers the purposes of this Act:

a.

The number or value of Democracy Dollar vouchers to be distributed to each eligible resident, so long as the total value of the Democracy Dollars distributed to each eligible resident for a given election does not exceed the amount of the current contribution limit under Subsection 3.12.050 B.;

b.

The date by which the initial distribution of Democracy Dollars occurs in an election year pursuant to Section 3.15.090 A.;

c.

The total number of qualifying contributions that candidates for each covered office must receive for certification, in the program under Section 3.15.080;

d.

The qualifying period;

e.

Other conditions of participation in the program, including limits on use of personal funds under Section 3.15.150, limits on use of campaign funds under Section 3.15.160, and the number of public debates or forums in which candidates must participate under Subsection 3.15.080 A.3.;

f.

Other eligibility requirements as dictated by Section 3.15.080.

C.

In addition to all other functions and duties of the Commission prescribed by this Act, the Commission shall:

Adopt rules, regulations, and procedures to carry out this Act;

Develop all forms and documents necessary to administer the program;

Design a Democracy Dollar voucher that includes all of the following elements:

a.

The covered election for which the Commission issues the Dollar;

b.

A means of uniquely identifying the voucher;

c.

The amount of campaign money that the Democracy Dollar represents;

d.

Pre-printed information for identification and verification purposes, such as the resident's name, address or other data as required;

e.

A place to write the date on which the eligible resident assigns the Democracy Dollar;

f.

A place to write the name of the candidate to whom the eligible resident assigns the Democracy Dollar;

g.

A statement, in plain language, that informs each eligible resident of all of the following:

i.

The eligible resident may not revoke an assignment of the Democracy Dollar;

ii.

The eligible resident may not transfer the Democracy Dollar;

iii.

The Democracy Dollar has no monetary value;

iv.

The eligible resident may assign the Democracy Dollar only as provided under Section 3.15.110;

h.

A statement that affirms the eligible resident assigns the Democracy Dollars voluntarily, free from duress, and not in exchange for any consideration;

i.

A signature line;

j.

Any additional information that the Commission determines is necessary to implement the Democracy Dollars Program.

Create a technology system that provides an option for eligible residents to receive and/or redeem Democracy Dollar vouchers electronically;

Educate and inform candidates and the public about the program as follows:

a.

Publish informational materials about the program written in plain language, including guides, manuals, instructions, and brochures, for candidates and the public;

b.

Make informational materials about the program available in all of the following formats:

i.

Online, such as the Commission's or another website;

ii.

In paper form;

iii.

Translated into any and all languages in which ballots are required to be provided in Alameda County pursuant to Section 203 of the Federal Voting Rights Act of 1965 (52 U.S.C. § 10503) and those languages spoken by residents of Oakland who are at least two (2) percent of the adult population and speak English "less than very well," according to the most recent U.S. Census;

c.

Publish a timeline of important dates in the program;

d.

Develop and conduct trainings, about the program for candidates and treasurers;

e.

Develop a comprehensive citywide outreach plan before each election cycle. This outreach plan shall be coordinated with the City Administration and the Department of Race and Equity and should utilize City resources, including any and all databases that the Commission deems appropriate. In addition, outreach should involve collaboration with chambers of commerce, community-based organizations, neighborhood associations, business improvement districts, and good government organizations. This outreach plan shall describe how the Commission will inform all City residents about the program and include all of the following:

i.

A statement of the Commission's outreach goals;

ii.

An approximate timeline of proposed outreach activities, which may include, but are not limited to, attending community events, distributing informational materials to community-based organizations, posting informational materials in public places, and placing public announcements in print media, newsletters, social media, websites, radio, or television;

iii.

A description of those proposed outreach activities that will be used to reach groups or categories of City residents that have been historically underrepresented in the political process or underserved by City government;

iv.

The approximate cost of proposed outreach activities;

f.

Conduct outreach activities in collaboration with chambers of commerce, community-based organizations, neighborhood organizations, business improvement districts, good government organizations, and other City departments and agencies, as informed by the outreach plan described in Subsection C.5.e.

Create and maintain a public-facing website that does all of the following:

a.

Displays the following information for each Democracy Dollar assigned by an eligible resident:

i.

The full name of the eligible resident;

ii.

The date on which the eligible resident assigned the Democracy Dollar;

iii.

The name of and covered office sought by the candidate to whom the Democracy Dollar was assigned;

iv.

The date the candidate redeemed the Democracy Dollar for proceeds with the Commission, if applicable;

v.

The unique identifier of the Democracy Dollar;

b.

Displays the total number of Democracy Dollars assigned to and redeemed by each applicant or certified candidate to date;

c.

Displays the total number of qualifying contributions received by each applicant candidate to date;

d.

Provides electronic access to campaign statements and reports filed with the Commission by each applicant or certified candidate;

e.

Provides a mechanism by which an eligible resident may request a Democracy Dollar pursuant to Subsections 3.15.090 A.—B.

Conduct audits and investigations of certified candidates as necessary to oversee compliance with this Act;

Issue oral advice and formal written opinions, in consultation with the City Attorney when necessary, regarding compliance with this Act;

Within six (6) months of after each election, conduct a review of the program in collaboration with the Department of Race and Equity and submit a post-election report to City Council that contains all of the following:

a.

The number and names of, and covered offices sought by, all certified candidates, and the total amount of contributions received and expenditures made by those candidates, in the last election;

b.

The number and names of, and covered offices sought by, all applicant candidates who were not certified in the program, and the total amount of contributions received and expenditures made by those candidates, in the last election;

c.

The number and names of, and covered offices sought by, all candidates who did not seek certification in the program, and the total amount of contributions received and expenditures made by those candidates, in the last election;

d.

The total number of Democracy Dollars:

i.

Distributed to eligible residents;

ii.

Distributed to but not used by eligible residents;

iii.

Assigned to applicant or certified candidates;

iv.

Redeemed by certified candidates;

e.

Total public funding available in the fund before and after the last election;

f.

The number and nature of program education and public outreach events conducted by the Commission for the last election, and the approximate number of public attendees at those events;

g.

Review of the costs of the program in the last election;

h.

Projected revenue available in the fund for each of the next three (3) election cycles;

i.

Analysis of the program's impact on the last election, including its equity impacts, as defined under Subsection 2.29.170.3 B. of the Oakland Municipal Code, and its effects on the sources and amounts of campaign funding and spending, the level of participation by eligible residents in each City Council District, and the number of candidates for covered offices;

j.

Legislative recommendations for improvements or adjustments to the program;

k.

Any other information that the Commission determines to be relevant;

D.

In the event of a special election for a covered office, the Commission may reasonably modify conditions, procedures, or deadlines under the program, as necessary, to make the program available to candidates in the special election if it would not unduly deplete revenue available in the fund for regularly scheduled elections.

E.

In the first election cycle following voter approval of this article, the Commission may, by a vote of at least five (5) of its members, delay the implementation of the program in part or in its entirety if the Commission is not able to meet all of the requirements of the program as provided by this article. In making this determination, the Commission should consider all possible alternatives to avoid delaying program implementation in its entirety, including, but not limited to, partial implementation by issuing only mailed Democracy Dollars, or limiting the program to only certain races, or changing Program components.

(Res. No. 89316, § 2, 7-22-2022)