HomeMy WebLinkAbout1991-147RESOLUTION NO. 91-JA1
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, IN OPPOSITION TO HOUSE BILL 2251
DEALING WITH POLITICAL CONTRIBUTIONS AND
CAMPAIGN FINANCING.
WHEREAS, House Bill 2251 as passed by the 1991 Florida
Legislature makes provision for a 10 assessment on contributions made
to political committees and on candidate filing fees, and provides for the
10 assessment to be deposited into the Election Campaign Financing
Trust Fund which funds the races of the Governor and Cabinet; and
WHEREAS, such assessment interferes with freedom of speech
rights guaranteed under Section 4 of Article I of the Florida State
Constitution; and
WHEREAS, such an assessment compromises rights of
association and free speech guaranteed by the First Amendment to the
United States Constitution; and
WHEREAS, the stated intent of depositing funds in tho
Election Campaign Financing Trust Fund is to limit total expenditures in
campaigns for Governor, Lieutenant Governor and Cabinet, by only
allowing those candidates who limit their expenditures to obtain funding
from said special assessments; and
WHEREAS, this act does not accomplish its intended goals
since if any candidate exceeds the spending limits then all candidates
are released from the spending limits, regardless of the acceptance of
financing funded by said special assessments,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. We are opposed to the mandatory 10 assessment for the
purpose of financing gubernatorial and Cabinet campaigns.
2. We support the efforts of the Republican Party of Florida
to challenge these provisions of House Bill 2251.
3. We object to the attempt to shift political power and
resources from the local level to the state, by redistributing local
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political contributions to and for the benefit of the Governor and
Cabinet, while at the same time diluting the political process and
impinging on the ability of local candidates and committees to put forth
their message to the electorate.
4. We object to House Bill 2251's attempts to limit campaign
expenditures as inconsistent with the U.S. Supreme Court holding in
Buckley v. Valeo, 424 U.S. 1, wherein the Court held:
"A restriction on the amount of money a person or
group can spend on political communication during a
campaign necessarily reduces the quantity of
expression by restricting the number of issues
discussed, the depth of their exploration, and the
size of the audience reached. This is because
virtually every means of communicating in today's
mass society requires the expenditure of money."
The foregoing resolution was offered by Commissioner
Scurlock and seconded by Commissioner Wheeler , and, being put
to a vote, the vote was as follows:
Chairman Richard N. Bird A1►e
Vice Chairman Gary C. Wheeler A rhe
Commissioner Margaret C. Bowman Aye
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Carolyn K. Eggert Aye
The Chairman thereupon declared the resolution duly passed
and adopted this 17 day of September , 1991.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
ATTEST:
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Je K.:lBart4n, ' Clerk
By:
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Richard N. Bird, Chairman
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
WILLIAM G. COLLINS II
ASST. COUNTY ATTORNEY