AB 594: Political Reform Act of 1974: campaign statements.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-09-30
Existing law, the Political Reform Act of 1974, provides for the comprehensive regulation of campaign financing, including requiring the reporting of campaign contributions and expenditures and imposing other reporting and recordkeeping requirements on campaign committees. The act requires elected officers, candidates, and committees to file various reports, including semiannual reports, preelection statements, and supplemental preelection statements.
This bill would recast the requirements for filing preelection statements and would repeal other reporting requirements, including supplemental preelection statements and supplemental independent expenditure reports.
The act defines committee to include a person or combination of persons who receives contributions or makes independent expenditures of $1,000 or more in a calendar year. The act defines late contributions and late independent expenditures for purposes of the act to include certain contributions and independent expenditures, respectively, that are made within 90 days before the date of the election.
This bill would revise the definition of committee by increasing the qualifying monetary threshold to $2,000 for contributions received by a person or combination of persons.
This bill would revise the definitions of late contributions and late independent expenditures to specify that those terms also include contributions and independent expenditures that are made on the date of the election.
The bill would also make conforming changes.
A violation of the acts provisions is punishable as a misdemeanor. By expanding the scope of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
Existing law, the Political Reform Act of 1974, provides for the comprehensive regulation of campaign financing, including requiring the reporting of campaign contributions and expenditures and imposing other reporting and recordkeeping requirements on campaign committees. The act requires elected officers, candidates, and committees to file various reports, including semiannual reports, preelection statements, and supplemental preelection statements.
This bill would recast the requirements for filing preelection statements and would repeal other reporting requirements, including supplemental preelection statements and supplemental independent expenditure reports.
The act defines committee to include a person or combination of persons who receives contributions or makes independent expenditures of $1,000 or more in a calendar year. The act defines late contributions and late independent expenditures for purposes of the act to include certain contributions and independent expenditures, respectively, that are made within 90 days before the date of the election.
This bill would revise the definition of committee by increasing the qualifying monetary threshold to $2,000 for contributions received by a person or combination of persons.
This bill would revise the definitions of late contributions and late independent expenditures to specify that those terms also include contributions and independent expenditures that are made on the date of the election.
The bill would also make conforming changes.
A violation of the acts provisions is punishable as a misdemeanor. By expanding the scope of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
Existing law, the Political Reform Act of 1974, provides for the comprehensive regulation of campaign financing, including requiring the reporting of campaign contributions and expenditures and imposing other reporting and recordkeeping requirements on campaign committees. The act requires elected officers, candidates, and committees to file various reports, including semiannual reports, preelection statements, and supplemental preelection statements.
This bill would recast the requirements for filing preelection statements and would repeal other reporting requirements, including supplemental preelection statements and supplemental independent expenditure reports.
The act defines committee to include a person or combination of persons who receives contributions or makes independent expenditures of $1,000 or more in a calendar year. The act defines late contributions and late independent expenditures for purposes of the act to include certain contributions and independent expenditures, respectively, that are made within 90 days before the date of the election.
This bill would revise the definition of committee by increasing the qualifying monetary threshold to $2,000 for contributions received by a person or combination of persons.
This bill would revise the definitions of late contributions and late independent expenditures to specify that those terms also include contributions and independent expenditures that are made on the date of the election.
The bill would also make conforming changes.
A violation of the acts provisions is punishable as a misdemeanor. By expanding the scope of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
Existing law, the Political Reform Act of 1974, provides for the comprehensive regulation of campaign financing, including requiring the reporting of campaign contributions and expenditures and imposing other reporting and recordkeeping requirements on campaign committees. The act requires elected officers, candidates, and committees to file various reports, including semiannual reports, preelection statements, and supplemental preelection statements.
This bill would recast the requirements for filing preelection statements and would repeal other reporting requirements, including supplemental preelection statements and supplemental independent expenditure reports.
The act defines committee to include a person or combination of persons who receives contributions or makes independent expenditures of $1,000 or more in a calendar year. The act defines late contributions and late independent expenditures for purposes of the act to include certain contributions and independent expenditures, respectively, that are made within 90 days before the date of the election.
This bill would revise the definition of committee by increasing the qualifying monetary threshold to $2,000 for contributions received by a person or combination of persons.
This bill would revise the definitions of late contributions and late independent expenditures to specify that those terms also include contributions and independent expenditures that are made on the date of the election.
The bill would also make conforming changes.
A violation of the acts provisions is punishable as a misdemeanor. By expanding the scope of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
Existing law, the Political Reform Act of 1974, provides for the comprehensive regulation of campaign financing, including requiring the reporting of campaign contributions and expenditures and imposing other reporting and recordkeeping requirements on campaign committees. The act requires elected officers, candidates, and committees to file various reports, including semiannual reports, preelection statements, and supplemental preelection statements.
This bill would recast the requirements for filing preelection statements and would repeal other reporting requirements, including supplemental preelection statements and supplemental independent expenditure reports.
The act defines committee as a person or combination of persons who receives contributions or makes independent expenditures of $1,000 or more in a calendar year or who makes contributions of $10,000 or more in a calendar year to or at the behest of candidates. The act defines late contributions and late independent expenditures for purposes of the act to include certain contributions and independent expenditures, respectively, that are made within 90 days before the date of the election.
This bill would revise the definition of committee by increasing the qualifying monetary thresholds to $2,000 for contributions received or independent expenditures made by a person or combination of persons or $20,000 for contributions made to or at the behest of candidates by a person or combination of persons.
This bill would revise the definitions of late contributions and late independent expenditures to increase the reporting threshold to $2,000 and to specify that those terms also include contributions and independent expenditures that are made on the date of the election.
The bill would also make conforming changes.
A violation of the acts provisions is punishable as a misdemeanor. By expanding the scope of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
Existing law, the Political Reform Act of 1974, provides for the comprehensive regulation of campaign financing, including requiring the reporting of campaign contributions and expenditures and imposing other reporting and recordkeeping requirements on campaign committees. The act requires elected officers, candidates, and committees to file various reports, including semiannual reports, preelection statements, and supplemental preelection statements.
This bill would recast the requirements for filing preelection statements and would repeal other reporting requirements, including supplemental preelection statements and supplemental independent expenditure reports.
The act defines committee as a person or combination of persons who receives contributions or makes independent expenditures of $1,000 or more in a calendar year or who makes contributions of $10,000 or more in a calendar year to or at the behest of candidates. The act defines late contributions and late independent expenditures for purposes of the act to include certain contributions and independent expenditures, respectively, that are made within 90 days before the date of the election.
This bill would revise the definition of committee by increasing the qualifying monetary thresholds to $2,000 for contributions received or independent expenditures made by a person or combination of persons or $20,000 for contributions made to or at the behest of candidates by a person or combination of persons.
This bill would revise the definitions of late contributions and late independent expenditures to increase the reporting threshold to $2,000 and to specify that those terms also include contributions and independent expenditures that are made on the date of the election.
The bill would also make conforming changes.
A violation of the acts provisions is punishable as a misdemeanor. By expanding the scope of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
Committee means any person or combination of persons who directly or indirectly does any of the following:
(a)Receives contributions totaling two thousand dollars ($2,000) or more in a calendar year.
(b)Makes independent expenditures totaling one thousand dollars ($1,000) or more in a calendar year; or
(c)Makes contributions totaling ten thousand dollars ($10,000) or more in a calendar year to or at the behest of candidates or committees.
A person or combination of persons that becomes a committee shall retain its status as a committee until such time as that status is terminated pursuant to Section 84214.
SEC. 2.Section 82036 of the Government Code is amended to read:82036.Late contribution means any of the following:
(a)A contribution, including a loan, that totals in the aggregate one thousand dollars ($1,000) or more and is made to or received by a candidate, a controlled committee, or a committee formed or existing primarily to support or oppose a candidate or measure during the 90-day period preceding the date of the election, or on the date of the election, at which the candidate or measure is to be voted on. For purposes of the Board of Administration of the Public Employees Retirement System and the Teachers Retirement Board, the date of the election is the deadline to return ballots.
(b)A contribution, including a loan, that totals in the aggregate one thousand dollars ($1,000) or more and is made to or received by a political party committee, as defined in Section 85205, within 90 days before the date of a state election or on the date of the election.
SEC. 3.Section 82036.5 of the Government Code is amended to read:82036.5.Late independent expenditure means an independent expenditure that totals in the aggregate one thousand dollars ($1,000) or more and is made for or against a specific candidate or measure involved in an election during the 90-day period preceding the date of the election or on the date of the election. For purposes of the Board of Administration of the Public Employees Retirement System and the Teachers Retirement Board, the date of the election is the deadline to return ballots.
SEC. 4.Section 84101 of the Government Code is amended to read:84101.(a)A committee that is a committee by virtue of subdivision (a) of Section 82013 shall file a statement of organization. The committee shall file the original of the statement of organization with the Secretary of State and shall also file a copy of the statement of organization with the local filing officer, if any, with whom the committee is required to file the originals of its campaign reports pursuant to Section 84215. The original and copy of the statement of organization shall be filed within 10 days after the committee has qualified as a committee. The Secretary of State shall assign a number to each committee that files a statement of organization and shall notify the committee of the number. The Secretary of State shall send a copy of statements filed pursuant to this section to the county elections official of each county that he or she deems appropriate. A county elections official who receives a copy of a statement of organization from the Secretary of State pursuant to this section shall send a copy of the statement to the clerk of each city in the county that he or she deems appropriate.
(b)In addition to filing the statement of organization as required by subdivision (a), if a committee qualifies as a committee under subdivision (a) of Section 82013 before the date of an election in connection with which the committee is required to file preelection statements, but after the closing date of the last campaign statement required to be filed before the election pursuant to Section 84200.8 or 84200.9, the committee shall file, by facsimile transmission, online transmission, guaranteed overnight delivery, or personal delivery within 24 hours of qualifying as a committee, the information required to be reported in the statement of organization. The information required by this subdivision shall be filed with the filing officer with whom the committee is required to file the originals of its campaign reports pursuant to Section 84215.
(c)If an independent expenditure committee qualifies as a committee pursuant to subdivision (a) of Section 82013 during the time period described in Section 82036.5 and makes independent expenditures of one thousand dollars ($1,000) or more to support or oppose a candidate or candidates for office, the committee shall file, by facsimile transmission, online transmission, guaranteed overnight delivery, or personal delivery within 24 hours of qualifying as a committee, the information required to be reported in the statement of organization. The information required by this section shall be filed with the filing officer with whom the committee is required to file the original of its campaign reports pursuant to Section 84215, and shall be filed at all locations required for the candidate or candidates supported or opposed by the independent expenditures. The filings required by this section are in addition to filings that may be required by Section 84204.
(d)For purposes of this section, in calculating whether two thousand dollars ($2,000) in contributions has been received, payments for a filing fee or for a statement of qualifications to appear in a sample ballot shall not be included if these payments have been made from the candidates personal funds.
SEC. 5.Section 84103 of the Government Code is amended to read:84103.(a)If there is a change in any of the information contained in a statement of organization, an amendment shall be filed within 10 days to reflect the change. The committee shall file the original of the amendment with the Secretary of State and shall also file a copy of the amendment with the local filing officer, if any, with whom the committee is required to file the originals of its campaign reports pursuant to Section 84215.
(b)In addition to filing an amendment to a statement of organization as required by subdivision (a), a committee as defined in subdivision (a) of Section 82013 shall, by facsimile transmission, online transmission, guaranteed overnight delivery, or personal delivery within 24 hours, notify the filing officer with whom it is required to file the originals of its campaign reports pursuant to Section 84215 if the change requiring the amendment occurs before the date of the election in connection with which the committee is required to file a preelection statement, but after the closing date of the last preelection statement required to be filed for the election pursuant to Section 84200.8, if any of the following information is changed:
(1)The name of the committee.
(2)The name of the treasurer or other principal officers.
(3)The name of any candidate or committee by which the committee is controlled or with which it acts jointly.
The notification shall include the changed information, the date of the change, the name of the person providing the notification, and the committees name and identification number.
A committee may file a notification online only if the appropriate filing officer is capable of receiving the notification in that manner.
SEC. 6.Section 84200.5 of the Government Code is repealed.SEC. 7.Section 84200.5 is added to the Government Code, to read:84200.5.In addition to the campaign statements required by Section 84200, elected officers, candidates, and committees shall file preelection statements as follows:
(a)All candidates appearing on the ballot to be voted on at the next election, their controlled committees, and committees primarily formed to support or oppose an elected officer, candidate, or a measure appearing on the ballot to be voted on at the next election shall file the applicable preelection statements specified in Section 84200.8.
(b)All elected state officers and candidates for elective state office who are not appearing on the ballot at the next statewide primary or general election, and who, during the preelection reporting periods covered by Section 84200.8, contribute to any committee required to report receipts, expenditures, or contributions pursuant to this title, or make an independent expenditure of five hundred dollars ($500) or more in connection with the statewide primary or general election, shall file the applicable preelection statements specified in Section 84200.8.
(c)A state or county general purpose committee formed pursuant to subdivision (a) of Section 82013, other than a political party committee as defined in Section 85205, shall file the applicable preelection statements specified in Section 84200.8 if it makes contributions or independent expenditures totaling five hundred dollars ($500) or more in connection with the statewide primary or general election during the period covered by the preelection statements. However, a state or county general purpose committee formed pursuant to subdivision (b) or (c) of Section 82013 is not required to file the preelection statements specified in Section 84200.8.
(d)A political party committee as defined in Section 85205 shall file the applicable preelection statements specified in Section 84200.8 in connection with a state election if the committee receives contributions totaling one thousand dollars ($1,000) or more, or if it makes contributions or independent expenditures totaling five hundred dollars ($500) or more, in connection with the election during the period covered by the preelection statement.
(e)A city general purpose committee formed pursuant to subdivision (a) of Section 82013 shall file the applicable preelection statements specified in Section 84200.8 if it makes contributions or independent expenditures totaling five hundred dollars ($500) or more in connection with a city election in the committees jurisdiction during the period covered by the preelection statements. However, a city general purpose committee formed pursuant to subdivision (b) or (c) of Section 82013 is not required to file the preelection statements specified in Section 84200.8.
(f)During an election period for the Board of Administration of the Public Employees Retirement System or the Teachers Retirement Board:
(1)All candidates for these boards, their controlled committees, and committees primarily formed to support or oppose the candidates shall file the preelection statements specified in Section 84200.9.
(2)A state or county general purpose committee formed pursuant to subdivision (a) of Section 82013 shall file the preelection statements specified in Section 84200.9 if it makes contributions or independent expenditures totaling five hundred dollars ($500) or more during the period covered by the preelection statement to support or oppose a candidate, or a committee primarily formed to support or oppose a candidate on the ballot for the Board of Administration of the Public Employees Retirement System or the Teachers Retirement Board.
(3)However, a general purpose committee formed pursuant to subdivision (b) or (c) of Section 82013 is not required to file the statements specified in Section 84200.9.
SEC. 8.Section 84200.6 of the Government Code is amended to read:84200.6.In addition to the campaign statements required by Sections 84200 and 84200.5, all candidates and committees shall file the following special statements and reports:
(a)Late contribution reports, when required by Section 84203.
(b)Late independent expenditure reports, when required by Section 84204.
SEC. 9.Section 84200.7 of the Government Code is repealed.SEC. 10.Section 84202.5 of the Government Code is repealed.SEC. 11.Section 84203.5 of the Government Code is repealed.SEC. 12.Section 84206 of the Government Code is amended to read:84206.(a)The commission shall provide by regulation for a short form for filing reports required by this article for candidates or officeholders who receive contributions of less than two thousand dollars ($2,000), and who make expenditures of less than two thousand dollars ($2,000), in a calendar year.
(b)For the purposes of this section, in calculating whether two thousand dollars ($2,000) in expenditures have been made, payments for a filing fee or for a statement of qualification shall not be included if these payments have been made from the candidates personal funds.
(c)Every candidate or officeholder who has filed a short form pursuant to subdivision (a), and who thereafter receives contributions or makes expenditures totaling two thousand dollars ($2,000) or more in a calendar year, shall send written notification to the Secretary of State, the local filing officer, and each candidate contending for the same office within 48 hours of receiving or expending a total of two thousand dollars ($2,000). The written notification shall revoke the previously filed short form statement.
SEC. 13.Section 84207 of the Government Code is amended to read:84207.(a)An elected member of, or a candidate for election to, a county central committee of a qualified political party who receives contributions of less than two thousand dollars ($2,000) and who makes expenditures of less than two thousand dollars ($2,000) in a calendar year shall not be required to file any campaign statements required by this title.
(b)Notwithstanding Sections 81009.5 and 81013, a local government agency shall not impose any filing requirements on an elected member of, or a candidate for election to, a county central committee of a qualified political party who receives contributions of less than two thousand dollars ($2,000) and who makes expenditures of less than two thousand dollars ($2,000) in a calendar year.
SEC. 14.Section 84218 of the Government Code is amended to read:84218.(a)A slate mailer organization shall file semiannual campaign statements no later than July 31 for the period ending June 30, and no later than January 31 for the period ending December 31.
(b)In addition to the semiannual statements required by subdivision (a), a slate mailer organization which produces a slate mailer supporting or opposing candidates or measures being voted on in an election shall file the statements specified in Section 84200.8 if, during the period covered by the preelection statement, the slate mailer organization receives payments totaling five hundred dollars ($500) or more from any person for the support of or opposition to candidates or ballot measures in one or more slate mailers, or expends five hundred dollars ($500) or more to produce one or more slate mailers.
(c)A slate mailer organization shall file two copies of its campaign reports with the clerk of the county in which it is domiciled. A slate mailer organization is domiciled at the address listed on its statement of organization unless it is domiciled outside California, in which case its domicile shall be deemed to be Los Angeles County for purposes of this section.
In addition, slate mailer organizations shall file campaign reports as follows:
(1)A slate mailer organization which produces one or more slate mailers supporting or opposing candidates or measures voted on in a state election, or in more than one county, shall file campaign reports in the same manner as state general purpose committees pursuant to subdivision (a) of Section 84215.
(2)A slate mailer organization which produces one or more slate mailers supporting or opposing candidates or measures voted on in only one county, or in more than one jurisdiction within one county, shall file campaign reports in the same manner as county general purpose committees pursuant to subdivision (c) of Section 84215.
(3)A slate mailer organization which produces one or more slate mailers supporting or opposing candidates or measures voted on in only one city shall file campaign reports in the same manner as city general purpose committees pursuant to subdivision (d) of Section 84215.
(4)Notwithstanding the above, no slate mailer organization shall be required to file more than the original and one copy, or two copies, of a campaign report with any one county or city clerk or with the Secretary of State.
SEC. 15.Section 85201 of the Government Code is amended to read:85201.(a)Upon the filing of the statement of intention pursuant to Section 85200, the individual shall establish one campaign contribution account at an office of a financial institution located in the state.
(b)As required by subdivision (f) of Section 84102, a candidate who raises contributions of two thousand dollars ($2,000) or more in a calendar year shall set forth the name and address of the financial institution where the candidate has established a campaign contribution account and the account number on the committee statement of organization filed pursuant to Sections 84101 and 84103.
(c)All contributions or loans made to the candidate, to a person on behalf of the candidate, or to the candidates controlled committee shall be deposited in the account.
(d)Any personal funds which will be utilized to promote the election of the candidate shall be deposited in the account prior to expenditure.
(e)All campaign expenditures shall be made from the account.
(f)Subdivisions (d) and (e) do not apply to a candidates payment for a filing fee and statement of qualifications from his or her personal funds.
(g)This section does not apply to a candidate who will not receive contributions and who makes expenditures from personal funds of less than two thousand dollars ($2,000) in a calendar year to support his or her candidacy. For purposes of this section, a candidates payment for a filing fee and statement of qualifications shall not be included in calculating the total expenditures made.
(h)An individual who raises contributions from others for his or her campaign, but who raises or spends less than two thousand dollars ($2,000) in a calendar year, and does not qualify as a committee under Section 82013, shall establish a campaign contribution account pursuant to subdivision (a), but is not required to file a committee statement of organization pursuant to Section 84101 or other statement of bank account information.
SEC. 16.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 17.The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
Committee means any person or combination of persons who directly or indirectly does any of the following:
(a)Receives contributions totaling two thousand dollars ($2,000) or more in a calendar year.
(b)Makes independent expenditures totaling one thousand dollars ($1,000) or more in a calendar year; or
(c)Makes contributions totaling ten thousand dollars ($10,000) or more in a calendar year to or at the behest of candidates or committees.
A person or combination of persons that becomes a committee shall retain its status as a committee until such time as that status is terminated pursuant to Section 84214.
SEC. 2.Section 82036 of the Government Code is amended to read:82036.Late contribution means any of the following:
(a)A contribution, including a loan, that totals in the aggregate one thousand dollars ($1,000) or more and is made to or received by a candidate, a controlled committee, or a committee formed or existing primarily to support or oppose a candidate or measure during the 90-day period preceding the date of the election, or on the date of the election, at which the candidate or measure is to be voted on. For purposes of the Board of Administration of the Public Employees Retirement System and the Teachers Retirement Board, the date of the election is the deadline to return ballots.
(b)A contribution, including a loan, that totals in the aggregate one thousand dollars ($1,000) or more and is made to or received by a political party committee, as defined in Section 85205, within 90 days before the date of a state election or on the date of the election.
SEC. 3.Section 82036.5 of the Government Code is amended to read:82036.5.Late independent expenditure means an independent expenditure that totals in the aggregate one thousand dollars ($1,000) or more and is made for or against a specific candidate or measure involved in an election during the 90-day period preceding the date of the election or on the date of the election. For purposes of the Board of Administration of the Public Employees Retirement System and the Teachers Retirement Board, the date of the election is the deadline to return ballots.
SEC. 4.Section 84101 of the Government Code is amended to read:84101.(a)A committee that is a committee by virtue of subdivision (a) of Section 82013 shall file a statement of organization. The committee shall file the original of the statement of organization with the Secretary of State and shall also file a copy of the statement of organization with the local filing officer, if any, with whom the committee is required to file the originals of its campaign reports pursuant to Section 84215. The original and copy of the statement of organization shall be filed within 10 days after the committee has qualified as a committee. The Secretary of State shall assign a number to each committee that files a statement of organization and shall notify the committee of the number. The Secretary of State shall send a copy of statements filed pursuant to this section to the county elections official of each county that he or she deems appropriate. A county elections official who receives a copy of a statement of organization from the Secretary of State pursuant to this section shall send a copy of the statement to the clerk of each city in the county that he or she deems appropriate.
(b)In addition to filing the statement of organization as required by subdivision (a), if a committee qualifies as a committee under subdivision (a) of Section 82013 before the date of an election in connection with which the committee is required to file preelection statements, but after the closing date of the last campaign statement required to be filed before the election pursuant to Section 84200.8 or 84200.9, the committee shall file, by facsimile transmission, online transmission, guaranteed overnight delivery, or personal delivery within 24 hours of qualifying as a committee, the information required to be reported in the statement of organization. The information required by this subdivision shall be filed with the filing officer with whom the committee is required to file the originals of its campaign reports pursuant to Section 84215.
(c)If an independent expenditure committee qualifies as a committee pursuant to subdivision (a) of Section 82013 during the time period described in Section 82036.5 and makes independent expenditures of one thousand dollars ($1,000) or more to support or oppose a candidate or candidates for office, the committee shall file, by facsimile transmission, online transmission, guaranteed overnight delivery, or personal delivery within 24 hours of qualifying as a committee, the information required to be reported in the statement of organization. The information required by this section shall be filed with the filing officer with whom the committee is required to file the original of its campaign reports pursuant to Section 84215, and shall be filed at all locations required for the candidate or candidates supported or opposed by the independent expenditures. The filings required by this section are in addition to filings that may be required by Section 84204.
(d)For purposes of this section, in calculating whether two thousand dollars ($2,000) in contributions has been received, payments for a filing fee or for a statement of qualifications to appear in a sample ballot shall not be included if these payments have been made from the candidates personal funds.
SEC. 5.Section 84103 of the Government Code is amended to read:84103.(a)If there is a change in any of the information contained in a statement of organization, an amendment shall be filed within 10 days to reflect the change. The committee shall file the original of the amendment with the Secretary of State and shall also file a copy of the amendment with the local filing officer, if any, with whom the committee is required to file the originals of its campaign reports pursuant to Section 84215.
(b)In addition to filing an amendment to a statement of organization as required by subdivision (a), a committee as defined in subdivision (a) of Section 82013 shall, by facsimile transmission, online transmission, guaranteed overnight delivery, or personal delivery within 24 hours, notify the filing officer with whom it is required to file the originals of its campaign reports pursuant to Section 84215 if the change requiring the amendment occurs before the date of the election in connection with which the committee is required to file a preelection statement, but after the closing date of the last preelection statement required to be filed for the election pursuant to Section 84200.8, if any of the following information is changed:
(1)The name of the committee.
(2)The name of the treasurer or other principal officers.
(3)The name of any candidate or committee by which the committee is controlled or with which it acts jointly.
The notification shall include the changed information, the date of the change, the name of the person providing the notification, and the committees name and identification number.
A committee may file a notification online only if the appropriate filing officer is capable of receiving the notification in that manner.
SEC. 6.Section 84200.5 of the Government Code is repealed.SEC. 7.Section 84200.5 is added to the Government Code, to read:84200.5.In addition to the campaign statements required by Section 84200, elected officers, candidates, and committees shall file preelection statements as follows:
(a)All candidates appearing on the ballot to be voted on at the next election, their controlled committees, and committees primarily formed to support or oppose an elected officer, candidate, or a measure appearing on the ballot to be voted on at the next election shall file the applicable preelection statements specified in Section 84200.8.
(b)All elected state officers and candidates for elective state office who are not appearing on the ballot at the next statewide primary or general election, and who, during the preelection reporting periods covered by Section 84200.8, contribute to any committee required to report receipts, expenditures, or contributions pursuant to this title, or make an independent expenditure of five hundred dollars ($500) or more in connection with the statewide primary or general election, shall file the applicable preelection statements specified in Section 84200.8.
(c)A state or county general purpose committee formed pursuant to subdivision (a) of Section 82013, other than a political party committee as defined in Section 85205, shall file the applicable preelection statements specified in Section 84200.8 if it makes contributions or independent expenditures totaling five hundred dollars ($500) or more in connection with the statewide primary or general election during the period covered by the preelection statements. However, a state or county general purpose committee formed pursuant to subdivision (b) or (c) of Section 82013 is not required to file the preelection statements specified in Section 84200.8.
(d)A political party committee as defined in Section 85205 shall file the applicable preelection statements specified in Section 84200.8 in connection with a state election if the committee receives contributions totaling one thousand dollars ($1,000) or more, or if it makes contributions or independent expenditures totaling five hundred dollars ($500) or more, in connection with the election during the period covered by the preelection statement.
(e)A city general purpose committee formed pursuant to subdivision (a) of Section 82013 shall file the applicable preelection statements specified in Section 84200.8 if it makes contributions or independent expenditures totaling five hundred dollars ($500) or more in connection with a city election in the committees jurisdiction during the period covered by the preelection statements. However, a city general purpose committee formed pursuant to subdivision (b) or (c) of Section 82013 is not required to file the preelection statements specified in Section 84200.8.
(f)During an election period for the Board of Administration of the Public Employees Retirement System or the Teachers Retirement Board:
(1)All candidates for these boards, their controlled committees, and committees primarily formed to support or oppose the candidates shall file the preelection statements specified in Section 84200.9.
(2)A state or county general purpose committee formed pursuant to subdivision (a) of Section 82013 shall file the preelection statements specified in Section 84200.9 if it makes contributions or independent expenditures totaling five hundred dollars ($500) or more during the period covered by the preelection statement to support or oppose a candidate, or a committee primarily formed to support or oppose a candidate on the ballot for the Board of Administration of the Public Employees Retirement System or the Teachers Retirement Board.
(3)However, a general purpose committee formed pursuant to subdivision (b) or (c) of Section 82013 is not required to file the statements specified in Section 84200.9.
SEC. 8.Section 84200.6 of the Government Code is amended to read:84200.6.In addition to the campaign statements required by Sections 84200 and 84200.5, all candidates and committees shall file the following special statements and reports:
(a)Late contribution reports, when required by Section 84203.
(b)Late independent expenditure reports, when required by Section 84204.
SEC. 9.Section 84200.7 of the Government Code is repealed.SEC. 10.Section 84202.5 of the Government Code is repealed.SEC. 11.Section 84203.5 of the Government Code is repealed.SEC. 12.Section 84206 of the Government Code is amended to read:84206.(a)The commission shall provide by regulation for a short form for filing reports required by this article for candidates or officeholders who receive contributions of less than two thousand dollars ($2,000), and who make expenditures of less than two thousand dollars ($2,000), in a calendar year.
(b)For the purposes of this section, in calculating whether two thousand dollars ($2,000) in expenditures have been made, payments for a filing fee or for a statement of qualification shall not be included if these payments have been made from the candidates personal funds.
(c)Every candidate or officeholder who has filed a short form pursuant to subdivision (a), and who thereafter receives contributions or makes expenditures totaling two thousand dollars ($2,000) or more in a calendar year, shall send written notification to the Secretary of State, the local filing officer, and each candidate contending for the same office within 48 hours of receiving or expending a total of two thousand dollars ($2,000). The written notification shall revoke the previously filed short form statement.
SEC. 13.Section 84207 of the Government Code is amended to read:84207.(a)An elected member of, or a candidate for election to, a county central committee of a qualified political party who receives contributions of less than two thousand dollars ($2,000) and who makes expenditures of less than two thousand dollars ($2,000) in a calendar year shall not be required to file any campaign statements required by this title.
(b)Notwithstanding Sections 81009.5 and 81013, a local government agency shall not impose any filing requirements on an elected member of, or a candidate for election to, a county central committee of a qualified political party who receives contributions of less than two thousand dollars ($2,000) and who makes expenditures of less than two thousand dollars ($2,000) in a calendar year.
SEC. 14.Section 84218 of the Government Code is amended to read:84218.(a)A slate mailer organization shall file semiannual campaign statements no later than July 31 for the period ending June 30, and no later than January 31 for the period ending December 31.
(b)In addition to the semiannual statements required by subdivision (a), a slate mailer organization which produces a slate mailer supporting or opposing candidates or measures being voted on in an election shall file the statements specified in Section 84200.8 if, during the period covered by the preelection statement, the slate mailer organization receives payments totaling five hundred dollars ($500) or more from any person for the support of or opposition to candidates or ballot measures in one or more slate mailers, or expends five hundred dollars ($500) or more to produce one or more slate mailers.
(c)A slate mailer organization shall file two copies of its campaign reports with the clerk of the county in which it is domiciled. A slate mailer organization is domiciled at the address listed on its statement of organization unless it is domiciled outside California, in which case its domicile shall be deemed to be Los Angeles County for purposes of this section.
In addition, slate mailer organizations shall file campaign reports as follows:
(1)A slate mailer organization which produces one or more slate mailers supporting or opposing candidates or measures voted on in a state election, or in more than one county, shall file campaign reports in the same manner as state general purpose committees pursuant to subdivision (a) of Section 84215.
(2)A slate mailer organization which produces one or more slate mailers supporting or opposing candidates or measures voted on in only one county, or in more than one jurisdiction within one county, shall file campaign reports in the same manner as county general purpose committees pursuant to subdivision (c) of Section 84215.
(3)A slate mailer organization which produces one or more slate mailers supporting or opposing candidates or measures voted on in only one city shall file campaign reports in the same manner as city general purpose committees pursuant to subdivision (d) of Section 84215.
(4)Notwithstanding the above, no slate mailer organization shall be required to file more than the original and one copy, or two copies, of a campaign report with any one county or city clerk or with the Secretary of State.
SEC. 15.Section 85201 of the Government Code is amended to read:85201.(a)Upon the filing of the statement of intention pursuant to Section 85200, the individual shall establish one campaign contribution account at an office of a financial institution located in the state.
(b)As required by subdivision (f) of Section 84102, a candidate who raises contributions of two thousand dollars ($2,000) or more in a calendar year shall set forth the name and address of the financial institution where the candidate has established a campaign contribution account and the account number on the committee statement of organization filed pursuant to Sections 84101 and 84103.
(c)All contributions or loans made to the candidate, to a person on behalf of the candidate, or to the candidates controlled committee shall be deposited in the account.
(d)Any personal funds which will be utilized to promote the election of the candidate shall be deposited in the account prior to expenditure.
(e)All campaign expenditures shall be made from the account.
(f)Subdivisions (d) and (e) do not apply to a candidates payment for a filing fee and statement of qualifications from his or her personal funds.
(g)This section does not apply to a candidate who will not receive contributions and who makes expenditures from personal funds of less than two thousand dollars ($2,000) in a calendar year to support his or her candidacy. For purposes of this section, a candidates payment for a filing fee and statement of qualifications shall not be included in calculating the total expenditures made.
(h)An individual who raises contributions from others for his or her campaign, but who raises or spends less than two thousand dollars ($2,000) in a calendar year, and does not qualify as a committee under Section 82013, shall establish a campaign contribution account pursuant to subdivision (a), but is not required to file a committee statement of organization pursuant to Section 84101 or other statement of bank account information.
SEC. 16.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 17.The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
Committee means any person or combination of persons who directly or indirectly does any of the following:
(a)Receives contributions totaling two thousand dollars ($2,000) or more in a calendar year.
(b)Makes independent expenditures totaling one thousand dollars ($1,000) or more in a calendar year; or
(c)Makes contributions totaling ten thousand dollars ($10,000) or more in a calendar year to or at the behest of candidates or committees.
A person or combination of persons that becomes a committee shall retain its status as a committee until such time as that status is terminated pursuant to Section 84214.
SEC. 2.Section 82036 of the Government Code is amended to read:82036.Late contribution means any of the following:
(a)A contribution, including a loan, that totals in the aggregate one thousand dollars ($1,000) or more and is made to or received by a candidate, a controlled committee, or a committee formed or existing primarily to support or oppose a candidate or measure during the 90-day period preceding the date of the election, or on the date of the election, at which the candidate or measure is to be voted on. For purposes of the Board of Administration of the Public Employees Retirement System and the Teachers Retirement Board, the date of the election is the deadline to return ballots.
(b)A contribution, including a loan, that totals in the aggregate one thousand dollars ($1,000) or more and is made to or received by a political party committee, as defined in Section 85205, within 90 days before the date of a state election or on the date of the election.
SEC. 3.Section 82036.5 of the Government Code is amended to read:82036.5.Late independent expenditure means an independent expenditure that totals in the aggregate one thousand dollars ($1,000) or more and is made for or against a specific candidate or measure involved in an election during the 90-day period preceding the date of the election or on the date of the election. For purposes of the Board of Administration of the Public Employees Retirement System and the Teachers Retirement Board, the date of the election is the deadline to return ballots.
SEC. 4.Section 84101 of the Government Code is amended to read:84101.(a)A committee that is a committee by virtue of subdivision (a) of Section 82013 shall file a statement of organization. The committee shall file the original of the statement of organization with the Secretary of State and shall also file a copy of the statement of organization with the local filing officer, if any, with whom the committee is required to file the originals of its campaign reports pursuant to Section 84215. The original and copy of the statement of organization shall be filed within 10 days after the committee has qualified as a committee. The Secretary of State shall assign a number to each committee that files a statement of organization and shall notify the committee of the number. The Secretary of State shall send a copy of statements filed pursuant to this section to the county elections official of each county that he or she deems appropriate. A county elections official who receives a copy of a statement of organization from the Secretary of State pursuant to this section shall send a copy of the statement to the clerk of each city in the county that he or she deems appropriate.
(b)In addition to filing the statement of organization as required by subdivision (a), if a committee qualifies as a committee under subdivision (a) of Section 82013 before the date of an election in connection with which the committee is required to file preelection statements, but after the closing date of the last campaign statement required to be filed before the election pursuant to Section 84200.8 or 84200.9, the committee shall file, by facsimile transmission, online transmission, guaranteed overnight delivery, or personal delivery within 24 hours of qualifying as a committee, the information required to be reported in the statement of organization. The information required by this subdivision shall be filed with the filing officer with whom the committee is required to file the originals of its campaign reports pursuant to Section 84215.
(c)If an independent expenditure committee qualifies as a committee pursuant to subdivision (a) of Section 82013 during the time period described in Section 82036.5 and makes independent expenditures of one thousand dollars ($1,000) or more to support or oppose a candidate or candidates for office, the committee shall file, by facsimile transmission, online transmission, guaranteed overnight delivery, or personal delivery within 24 hours of qualifying as a committee, the information required to be reported in the statement of organization. The information required by this section shall be filed with the filing officer with whom the committee is required to file the original of its campaign reports pursuant to Section 84215, and shall be filed at all locations required for the candidate or candidates supported or opposed by the independent expenditures. The filings required by this section are in addition to filings that may be required by Section 84204.
(d)For purposes of this section, in calculating whether two thousand dollars ($2,000) in contributions has been received, payments for a filing fee or for a statement of qualifications to appear in a sample ballot shall not be included if these payments have been made from the candidates personal funds.
SEC. 5.Section 84103 of the Government Code is amended to read:84103.(a)If there is a change in any of the information contained in a statement of organization, an amendment shall be filed within 10 days to reflect the change. The committee shall file the original of the amendment with the Secretary of State and shall also file a copy of the amendment with the local filing officer, if any, with whom the committee is required to file the originals of its campaign reports pursuant to Section 84215.
(b)In addition to filing an amendment to a statement of organization as required by subdivision (a), a committee as defined in subdivision (a) of Section 82013 shall, by facsimile transmission, online transmission, guaranteed overnight delivery, or personal delivery within 24 hours, notify the filing officer with whom it is required to file the originals of its campaign reports pursuant to Section 84215 if the change requiring the amendment occurs before the date of the election in connection with which the committee is required to file a preelection statement, but after the closing date of the last preelection statement required to be filed for the election pursuant to Section 84200.8, if any of the following information is changed:
(1)The name of the committee.
(2)The name of the treasurer or other principal officers.
(3)The name of any candidate or committee by which the committee is controlled or with which it acts jointly.
The notification shall include the changed information, the date of the change, the name of the person providing the notification, and the committees name and identification number.
A committee may file a notification online only if the appropriate filing officer is capable of receiving the notification in that manner.
SEC. 6.Section 84200.5 of the Government Code is repealed.SEC. 7.Section 84200.5 is added to the Government Code, to read:84200.5.In addition to the campaign statements required by Section 84200, elected officers, candidates, and committees shall file preelection statements as follows:
(a)All candidates appearing on the ballot to be voted on at the next election, their controlled committees, and committees primarily formed to support or oppose an elected officer, candidate, or a measure appearing on the ballot to be voted on at the next election shall file the applicable preelection statements specified in Section 84200.8.
(b)All elected state officers and candidates for elective state office who are not appearing on the ballot at the next statewide primary or general election, and who, during the preelection reporting periods covered by Section 84200.8, contribute to any committee required to report receipts, expenditures, or contributions pursuant to this title, or make an independent expenditure of five hundred dollars ($500) or more in connection with the statewide primary or general election, shall file the applicable preelection statements specified in Section 84200.8.
(c)A state or county general purpose committee formed pursuant to subdivision (a) of Section 82013, other than a political party committee as defined in Section 84205, 85205, shall file the applicable preelection statements specified in Section 84200.8 if it makes contributions or independent expenditures totaling five hundred dollars ($500) or more in connection with the statewide primary or general election during the period covered by the preelection statements. However, a state or county general purpose committee formed pursuant to subdivision (b) or (c) of Section 82013 is not required to file the preelection statements specified in Section 84200.8.
(d)A political party committee as defined in Section 84205 85205 shall file the applicable preelection statements specified in Section 84200.8 in connection with a state election if the committee receives contributions totaling one thousand dollars ($1,000) or more, or if it makes contributions or independent expenditures totaling five hundred dollars ($500) or more, in connection with the election during the period covered by the preelection statement.
(e)A city general purpose committee formed pursuant to subdivision (a) of Section 82013 shall file the applicable preelection statements specified in Section 84200.8 if it makes contributions or independent expenditures totaling five hundred dollars ($500) or more in connection with a city election in the committees jurisdiction during the period covered by the preelection statements. However, a city general purpose committee formed pursuant to subdivision (b) or (c) of Section 82013 is not required to file the preelection statements specified in Section 84200.8.
(f)During an election period for the Board of Administration of the Public Employees Retirement System or the Teachers Retirement Board:
(1)All candidates for these boards, their controlled committees, and committees primarily formed to support or oppose the candidates shall file the preelection statements specified in Section 84200.9.
(2)A state or county general purpose committee formed pursuant to subdivision (a) of Section 82013 shall file the preelection statements specified in Section 84200.9 if it makes contributions or independent expenditures totaling five hundred dollars ($500) or more during the period covered by the preelection statement to support or oppose a candidate, or a committee primarily formed to support or oppose a candidate on the ballot for the Board of Administration of the Public Employees Retirement System or the Teachers Retirement Board.
(3)However, a general purpose committee formed pursuant to subdivision (b) or (c) of Section 82013 is not required to file the statements specified in Section 84200.9.
SEC. 8.Section 84200.6 of the Government Code is amended to read:84200.6.In addition to the campaign statements required by Sections 84200 and 84200.5, all candidates and committees shall file the following special statements and reports:
(a)Late contribution reports, when required by Section 84203.
(b)Late independent expenditure reports, when required by Section 84204.
SEC. 9.Section 84200.7 of the Government Code is repealed.SEC. 10.Section 84202.5 of the Government Code is repealed.SEC. 11.Section 84203.5 of the Government Code is repealed.SEC. 12.Section 84206 of the Government Code is amended to read:84206.(a)The commission shall provide by regulation for a short form for filing reports required by this article for candidates or officeholders who receive contributions of less than one two thousand dollars ($1,000), ($2,000), and who make expenditures of less than one two thousand dollars ($1,000), ($2,000), in a calendar year.
(b)For the purposes of this section, in calculating whether one two thousand dollars ($1,000) ($2,000) in expenditures have been made, payments for a filing fee or for a statement of qualification shall not be included if these payments have been made from the candidates personal funds.
(c)Every candidate or officeholder who has filed a short form pursuant to subdivision (a), and who thereafter receives contributions or makes expenditures totaling one two thousand dollars ($1,000) ($2,000) or more in a calendar year, shall send written notification to the Secretary of State, the local filing officer, and each candidate contending for the same office within 48 hours of receiving or expending a total of one two thousand dollars ($1,000) ($2,000). The written notification shall revoke the previously filed short form statement.
SEC. 13.Section 84207 of the Government Code is amended to read:84207.(a)An elected member of, or a candidate for election to, a county central committee of a qualified political party who receives contributions of less than one two thousand dollars ($1,000) ($2,000) and who makes expenditures of less than one two thousand dollars ($1,000) ($2,000) in a calendar year shall not be required to file any campaign statements required by this title.
(b)Notwithstanding Sections 81009.5 and 81013, a local government agency shall not impose any filing requirements on an elected member of, or a candidate for election to, a county central committee of a qualified political party who receives contributions of less than one two thousand dollars ($1,000) ($2,000) and who makes expenditures of less than one two thousand dollars ($1,000) ($2,000) in a calendar year.
SEC. 12.SEC. 14.Section 84218 of the Government Code is amended to read:84218.(a)A slate mailer organization shall file semiannual campaign statements no later than July 31 for the period ending June 30, and no later than January 31 for the period ending December 31.
(b)In addition to the semiannual statements required by subdivision (a), a slate mailer organization which produces a slate mailer supporting or opposing candidates or measures being voted on in an election shall file the statements specified in Section 84200.8 if, during the period covered by the preelection statement, the slate mailer organization receives payments totaling five hundred dollars ($500) or more from any person for the support of or opposition to candidates or ballot measures in one or more slate mailers, or expends five hundred dollars ($500) or more to produce one or more slate mailers.
(c)A slate mailer organization shall file two copies of its campaign reports with the clerk of the county in which it is domiciled. A slate mailer organization is domiciled at the address listed on its statement of organization unless it is domiciled outside California, in which case its domicile shall be deemed to be Los Angeles County for purposes of this section.
In addition, slate mailer organizations shall file campaign reports as follows:
(1)A slate mailer organization which produces one or more slate mailers supporting or opposing candidates or measures voted on in a state election, or in more than one county, shall file campaign reports in the same manner as state general purpose committees pursuant to subdivision (a) of Section 84215.
(2)A slate mailer organization which produces one or more slate mailers supporting or opposing candidates or measures voted on in only one county, or in more than one jurisdiction within one county, shall file campaign reports in the same manner as county general purpose committees pursuant to subdivision (c) of Section 84215.
(3)A slate mailer organization which produces one or more slate mailers supporting or opposing candidates or measures voted on in only one city shall file campaign reports in the same manner as city general purpose committees pursuant to subdivision (d) of Section 84215.
(4)Notwithstanding the above, no slate mailer organization shall be required to file more than the original and one copy, or two copies, of a campaign report with any one county or city clerk or with the Secretary of State.
SEC. 15.Section 85201 of the Government Code is amended to read:85201.(a)Upon the filing of the statement of intention pursuant to Section 85200, the individual shall establish one campaign contribution account at an office of a financial institution located in the state.
(b)As required by subdivision (f) of Section 84102, a candidate who raises contributions of one two thousand dollars ($1,000) ($2,000) or more in a calendar year shall set forth the name and address of the financial institution where the candidate has established a campaign contribution account and the account number on the committee statement of organization filed pursuant to Sections 84101 and 84103.
(c)All contributions or loans made to the candidate, to a person on behalf of the candidate, or to the candidates controlled committee shall be deposited in the account.
(d)Any personal funds which will be utilized to promote the election of the candidate shall be deposited in the account prior to expenditure.
(e)All campaign expenditures shall be made from the account.
(f)Subdivisions (d) and (e) do not apply to a candidates payment for a filing fee and statement of qualifications from his or her personal funds.
(g)This section does not apply to a candidate who will not receive contributions and who makes expenditures from personal funds of less than one two thousand dollars ($1,000) ($2,000) in a calendar year to support his or her candidacy. For purposes of this section, a candidates payment for a filing fee and statement of qualifications shall not be included in calculating the total expenditures made.
(h)An individual who raises contributions from others for his or her campaign, but who raises or spends less than one two thousand dollars ($1,000) ($2,000) in a calendar year, and does not qualify as a committee under Section 82013, shall establish a campaign contribution account pursuant to subdivision (a), but is not required to file a committee statement of organization pursuant to Section 84101 or other statement of bank account information.
SEC. 13.SEC. 16.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 14.SEC. 17.The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
Committee means any person or combination of persons who directly or indirectly does any of the following:
(a)Receives contributions totaling one two thousand dollars ($1,000) ($2,000) or more in a calendar year.
(b)Makes independent expenditures totaling one thousand dollars ($1,000) or more in a calendar year; or
(c)Makes contributions totaling ten thousand dollars ($10,000) or more in a calendar year to or at the behest of candidates or committees.
A person or combination of persons that becomes a committee shall retain its status as a committee until such time as that status is terminated pursuant to Section 84214.
SECTION 1.SEC. 2.Section 82036 of the Government Code is amended to read:82036.Late contribution means any of the following:
(a)A contribution, including a loan, that totals in the aggregate one thousand dollars ($1,000) or more and is made to or received by a candidate, a controlled committee, or a committee formed or existing primarily to support or oppose a candidate or measure during the 90-day period preceding the date of the election, or on the date of the election, at which the candidate or measure is to be voted on. For purposes of the Board of Administration of the Public Employees Retirement System and the Teachers Retirement Board, the date of the election is the deadline to return ballots.
(b)A contribution, including a loan, that totals in the aggregate one thousand dollars ($1,000) or more and is made to or received by a political party committee, as defined in Section 85205, within 90 days before the date of a state election or on the date of the election.
SEC. 2.SEC. 3.Section 82036.5 of the Government Code is amended to read:82036.5.Late independent expenditure means an independent expenditure that totals in the aggregate one thousand dollars ($1,000) or more and is made for or against a specific candidate or measure involved in an election during the 90-day period preceding the date of the election or on the date of the election. For purposes of the Board of Administration of the Public Employees Retirement System and the Teachers Retirement Board, the date of the election is the deadline to return ballots.
SEC. 3.SEC. 4.Section 84101 of the Government Code is amended to read:84101.(a)A committee that is a committee by virtue of subdivision (a) of Section 82013 shall file a statement of organization. The committee shall file the original of the statement of organization with the Secretary of State and shall also file a copy of the statement of organization with the local filing officer, if any, with whom the committee is required to file the originals of its campaign reports pursuant to Section 84215. The original and copy of the statement of organization shall be filed within 10 days after the committee has qualified as a committee. The Secretary of State shall assign a number to each committee that files a statement of organization and shall notify the committee of the number. The Secretary of State shall send a copy of statements filed pursuant to this section to the county elections official of each county that he or she deems appropriate. A county elections official who receives a copy of a statement of organization from the Secretary of State pursuant to this section shall send a copy of the statement to the clerk of each city in the county that he or she deems appropriate.
(b)In addition to filing the statement of organization as required by subdivision (a), if a committee qualifies as a committee under subdivision (a) of Section 82013 before the date of an election in connection with which the committee is required to file preelection statements, but after the closing date of the last campaign statement required to be filed before the election pursuant to Section 84200.8 or 84200.9, the committee shall file, by facsimile transmission, online transmission, guaranteed overnight delivery, or personal delivery within 24 hours of qualifying as a committee, the information required to be reported in the statement of organization. The information required by this subdivision shall be filed with the filing officer with whom the committee is required to file the originals of its campaign reports pursuant to Section 84215.
(c)If an independent expenditure committee qualifies as a committee pursuant to subdivision (a) of Section 82013 during the time period described in Section 82036.5 and makes independent expenditures of one thousand dollars ($1,000) or more to support or oppose a candidate or candidates for office, the committee shall file, by facsimile transmission, online transmission, guaranteed overnight delivery, or personal delivery within 24 hours of qualifying as a committee, the information required to be reported in the statement of organization. The information required by this section shall be filed with the filing officer with whom the committee is required to file the original of its campaign reports pursuant to Section 84215, and shall be filed at all locations required for the candidate or candidates supported or opposed by the independent expenditures. The filings required by this section are in addition to filings that may be required by Section 84204.
(d)For purposes of this section, in calculating whether one two thousand dollars ($1,000) ($2,000) in contributions has been received, payments for a filing fee or for a statement of qualifications to appear in a sample ballot shall not be included if these payments have been made from the candidates personal funds.
SEC. 4.SEC. 5.Section 84103 of the Government Code is amended to read:84103.(a)If there is a change in any of the information contained in a statement of organization, an amendment shall be filed within 10 days to reflect the change. The committee shall file the original of the amendment with the Secretary of State and shall also file a copy of the amendment with the local filing officer, if any, with whom the committee is required to file the originals of its campaign reports pursuant to Section 84215.
(b)In addition to filing an amendment to a statement of organization as required by subdivision (a), a committee as defined in subdivision (a) of Section 82013 shall, by facsimile transmission, online transmission, guaranteed overnight delivery, or personal delivery within 24 hours, notify the filing officer with whom it is required to file the originals of its campaign reports pursuant to Section 84215 if the change requiring the amendment occurs before the date of the election in connection with which the committee is required to file a preelection statement, but after the closing date of the last preelection statement required to be filed for the election pursuant to Section 84200.8, if any of the following information is changed:
(1)The name of the committee.
(2)The name of the treasurer or other principal officers.
(3)The name of any candidate or committee by which the committee is controlled or with which it acts jointly.
The notification shall include the changed information, the date of the change, the name of the person providing the notification, and the committees name and identification number.
A committee may file a notification online only if the appropriate filing officer is capable of receiving the notification in that manner.
SEC. 5.SEC. 6.Section 84200.5 of the Government Code is repealed.SEC. 6.SEC. 7.Section 84200.5 is added to the Government Code, to read:84200.5.In addition to the campaign statements required by Section 84200, elected officers, candidates, and committees shall file preelection statements as follows:
(a)All candidates appearing on the ballot to be voted on at the next election, their controlled committees, and committees primarily formed to support or oppose an elected officer, candidate, or a measure appearing on the ballot to be voted on at the next election shall file the applicable preelection statements specified in Section 84200.8.
(b)All elected state officers and candidates for elective state office who are not appearing on the ballot at the next statewide primary or general election, and who, during the preelection reporting periods covered by Section 84200.8, contribute to any committee required to report receipts, expenditures, or contributions pursuant to this title, or make an independent expenditure of five hundred dollars ($500) or more in connection with the statewide primary or general election, shall file the applicable preelection statements specified in Section 84200.8.
(c)A state or county general purpose committee formed pursuant to subdivision (a) of Section 82013, other than a political party committee as defined in Section 84205, shall file the applicable preelection statements specified in Section 84200.8 if it makes contributions or independent expenditures totaling five hundred dollars ($500) or more in connection with the statewide primary or general election during the period covered by the preelection statements. However, a state or county general purpose committee formed pursuant to subdivision (b) or (c) of Section 82013 is not required to file the preelection statements specified in Section 84200.8.
(d)A political party committee as defined in Section 84205 shall file the applicable preelection statements specified in Section 84200.8 in connection with a state election if the committee receives contributions totaling one thousand dollars ($1,000) or more, or if it makes contributions or independent expenditures totaling five hundred dollars ($500) or more, in connection with the election during the period covered by the preelection statement.
(e)A city general purpose committee formed pursuant to subdivision (a) of Section 82013 shall file the applicable preelection statements specified in Section 84200.8 if it makes contributions or independent expenditures totaling five hundred dollars ($500) or more in connection with a city election in the committees jurisdiction during the period covered by the preelection statements. However, a city general purpose committee formed pursuant to subdivision (b) or (c) of Section 82013 is not required to file the preelection statements specified in Section 84200.8.
(f)During an election period for the Board of Administration of the Public Employees Retirement System or the Teachers Retirement Board:
(1)All candidates for these boards, their controlled committees, and committees primarily formed to support or oppose the candidates shall file the preelection statements specified in Section 84200.9.
(2)A state or county general purpose committee formed pursuant to subdivision (a) of Section 82013 shall file the preelection statements specified in Section 84200.9 if it makes contributions or independent expenditures totaling five hundred dollars ($500) or more during the period covered by the preelection statement to support or oppose a candidate, or a committee primarily formed to support or oppose a candidate on the ballot for the Board of Administration of the Public Employees Retirement System or the Teachers Retirement Board.
(3)However, a general purpose committee formed pursuant to subdivision (b) or (c) of Section 82013 is not required to file the statements specified in Section 84200.9.
SEC. 7.SEC. 8.Section 84200.6 of the Government Code is amended to read:84200.6.In addition to the campaign statements required by Sections 84200 and 84200.5, all candidates and committees shall file the following special statements and reports:
(a)Late contribution reports, when required by Section 84203.
(b)Late independent expenditure reports, when required by Section 84204.
SEC. 8.SEC. 9.Section 84200.7 of the Government Code is repealed.SEC. 9.SEC. 10.Section 84202.5 of the Government Code is repealed.SEC. 10.SEC. 11.Section 84203.5 of the Government Code is repealed.SEC. 11.SEC. 12.Section 84218 of the Government Code is amended to read:84218.(a)A slate mailer organization shall file semiannual campaign statements no later than July 31 for the period ending June 30, and no later than January 31 for the period ending December 31.
(b)In addition to the semiannual statements required by subdivision (a), a slate mailer organization which produces a slate mailer supporting or opposing candidates or measures being voted on in an election shall file the statements specified in Section 84200.8 if, during the period covered by the preelection statement, the slate mailer organization receives payments totaling five hundred dollars ($500) or more from any person for the support of or opposition to candidates or ballot measures in one or more slate mailers, or expends five hundred dollars ($500) or more to produce one or more slate mailers.
(c)A slate mailer organization shall file two copies of its campaign reports with the clerk of the county in which it is domiciled. A slate mailer organization is domiciled at the address listed on its statement of organization unless it is domiciled outside California, in which case its domicile shall be deemed to be Los Angeles County for purposes of this section.
In addition, slate mailer organizations shall file campaign reports as follows:
(1)A slate mailer organization which produces one or more slate mailers supporting or opposing candidates or measures voted on in a state election, or in more than one county, shall file campaign reports in the same manner as state general purpose committees pursuant to subdivision (a) of Section 84215.
(2)A slate mailer organization which produces one or more slate mailers supporting or opposing candidates or measures voted on in only one county, or in more than one jurisdiction within one county, shall file campaign reports in the same manner as county general purpose committees pursuant to subdivision (c) of Section 84215.
(3)A slate mailer organization which produces one or more slate mailers supporting or opposing candidates or measures voted on in only one city shall file campaign reports in the same manner as city general purpose committees pursuant to subdivision (d) of Section 84215.
(4)Notwithstanding the above, no slate mailer organization shall be required to file more than the original and one copy, or two copies, of a campaign report with any one county or city clerk or with the Secretary of State.
SEC. 12.SEC. 13.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 13.SEC. 14.The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
Committee means any person or combination of persons who directly or indirectly does any of the following:
(a)Receives contributions totaling two thousand dollars ($2,000) or more in a calendar year.
(b)Makes independent expenditures totaling two thousand dollars ($2,000) or more in a calendar year; or
(c)Makes contributions totaling twenty thousand dollars ($20,000) or more in a calendar year to or at the behest of candidates or committees.
A person or combination of persons that becomes a committee shall retain its status as a committee until such time as that status is terminated pursuant to Section 84214.
SEC. 2.SECTION 1.Section 82036 of the Government Code is amended to read:82036.Late contribution means any of the following:
(a)A contribution, including a loan, that totals in the aggregate two one thousand dollars ($2,000) ($1,000) or more and is made to or received by a candidate, a controlled committee, or a committee formed or existing primarily to support or oppose a candidate or measure on the date of the election, or during the 90-day period preceding the date of the election, or on the date of the election, at which the candidate or measure is to be voted on. For purposes of the Board of Administration of the Public Employees Retirement System and the Teachers Retirement Board, the date of the election is the deadline to return ballots.
(b)A contribution, including a loan, that totals in the aggregate two one thousand dollars ($2,000) ($1,000) or more and is made to or received by a political party committee, as defined in Section 85205, on the date of a state election or within 90 days before the date of a state election or on the date of the election.
SEC. 3.SEC. 2.Section 82036.5 of the Government Code is amended to read:82036.5.Late independent expenditure means an independent expenditure that totals in the aggregate two one thousand dollars ($2,000) ($1,000) or more and is made for or against a specific candidate or measure involved in an election on the date of the election or during the 90-day period preceding the date of the election or on the date of the election. For purposes of the Board of Administration of the Public Employees Retirement System and the Teachers Retirement Board, the date of the election is the deadline to return ballots.
SEC. 4.SEC. 3.Section 84101 of the Government Code is amended to read:84101.(a)A committee that is a committee by virtue of subdivision (a) of Section 82013 shall file a statement of organization. The committee shall file the original of the statement of organization with the Secretary of State and shall also file a copy of the statement of organization with the local filing officer, if any, with whom the committee is required to file the originals of its campaign reports pursuant to Section 84215. The original and copy of the statement of organization shall be filed within 10 days after the committee has qualified as a committee. The Secretary of State shall assign a number to each committee that files a statement of organization and shall notify the committee of the number. The Secretary of State shall send a copy of statements filed pursuant to this section to the county elections official of each county that he or she deems appropriate. A county elections official who receives a copy of a statement of organization from the Secretary of State pursuant to this section shall send a copy of the statement to the clerk of each city in the county that he or she deems appropriate.
(b)In addition to filing the statement of organization as required by subdivision (a), if a committee qualifies as a committee under subdivision (a) of Section 82013 before the date of an election in connection with which the committee is required to file preelection statements, but after the closing date of the last campaign statement required to be filed before the election pursuant to Section 84200.8 or 84200.9, the committee shall file, by facsimile transmission, online transmission, guaranteed overnight delivery, or personal delivery within 24 hours of qualifying as a committee, the information required to be reported in the statement of organization. The information required by this subdivision shall be filed with the filing officer with whom the committee is required to file the originals of its campaign reports pursuant to Section 84215.
(c)If an independent expenditure committee qualifies as a committee pursuant to subdivision (a) of Section 82013 during the time period described in Section 82036.5 and makes independent expenditures of two one thousand dollars ($2,000) ($1,000) or more to support or oppose a candidate or candidates for office, the committee shall file, by facsimile transmission, online transmission, guaranteed overnight delivery, or personal delivery within 24 hours of qualifying as a committee, the information required to be reported in the statement of organization. The information required by this section shall be filed with the filing officer with whom the committee is required to file the original of its campaign reports pursuant to Section 84215, and shall be filed at all locations required for the candidate or candidates supported or opposed by the independent expenditures. The filings required by this section are in addition to filings that may be required by Section 84204.
(d)For purposes of this section, in calculating whether two one thousand dollars ($2,000) ($1,000) in contributions has been received, payments for a filing fee or for a statement of qualifications to appear in a sample ballot shall not be included if these payments have been made from the candidates personal funds.
SEC. 5.SEC. 4.Section 84103 of the Government Code is amended to read:84103.(a)If there is a change in any of the information contained in a statement of organization, an amendment shall be filed within 10 days to reflect the change. The committee shall file the original of the amendment with the Secretary of State and shall also file a copy of the amendment with the local filing officer, if any, with whom the committee is required to file the originals of its campaign reports pursuant to Section 84215.
(b)In addition to filing an amendment to a statement of organization as required by subdivision (a), a committee as defined in subdivision (a) of Section 82013 shall, by facsimile transmission, online transmission, guaranteed overnight delivery, or personal delivery within 24 hours, notify the filing officer with whom it is required to file the originals of its campaign reports pursuant to Section 84215 if the change requiring the amendment occurs before the date of the election in connection with which the committee is required to file a preelection statement, but after the closing date of the last preelection statement required to be filed for the election pursuant to Section 84200.8, if any of the following information is changed:
(1)The name of the committee.
(2)The name of the treasurer or other principal officers.
(3)The name of any candidate or committee by which the committee is controlled or with which it acts jointly.
The notification shall include the changed information, the date of the change, the name of the person providing the notification, and the committees name and identification number.
A committee may file a notification online only if the appropriate filing officer is capable of receiving the notification in that manner.
SEC. 6.SEC. 5.Section 84200.5 of the Government Code is repealed.SEC. 7.SEC. 6.Section 84200.5 is added to the Government Code, to read:84200.5.In addition to the campaign statements required by Section 84200, elected officers, candidates, and committees shall file preelection statements as follows:
(a)All candidates appearing on the ballot to be voted on at the next election, their controlled committees, and committees primarily formed to support or oppose an elected officer, candidate, or a measure appearing on the ballot to be voted on at the next election shall file the applicable preelection statements specified in Section 84200.8.
(b)All elected state officers and candidates for elective state office who are not appearing on the ballot at the next statewide primary or general election ballot, election, and who, during the preelection reporting periods covered by Section 84200.8, contribute to any committee required to report receipts, expenditures, or contributions pursuant to this title, or make an independent expenditure of one thousand five hundred dollars ($1,000) ($500) or more in connection with the statewide primary or general election, shall file the applicable preelection statements specified in Section 84200.8.
(c)A state or county general purpose recipient committee formed pursuant to subdivision (a) of Section 82013, other than a political party committee as defined in Section 84205, shall file the applicable preelection statements specified in Section 84200.8 if it makes contributions or independent expenditures totaling one thousand five hundred dollars ($1,000) ($500) or more in connection with the statewide primary or general election during the period covered by the preelection statements. However, a state or county general purpose committee formed pursuant to subdivision (b) or (c) of Section 82013 is not required to file the preelection statements specified in Section 84200.8.
(d)A political party committee as defined in Section 84205 shall file the applicable preelection statements specified in Section 84200.8 in connection with a statewide state election if the committee receives contributions totaling one thousand dollars ($1,000) or more, or if it makes contributions or independent expenditures totaling one thousand five hundred dollars ($1,000) ($500) or more, in connection with the election during the period covered by the preelection statement.
(e)A city general purpose committee formed pursuant to subdivision (a) of Section 82013 shall file the applicable preelection statements specified in Section 84200.8 if it makes contributions or independent expenditures totaling one thousand five hundred dollars ($1,000) ($500) or more in connection with a city election in the committees jurisdiction during the period covered by the preelection statements. However, a city general purpose committee formed pursuant to subdivision (b) or (c) of Section 82013 is not required to file the preelection statements specified in Section 84200.8.
(f)CalPERS and CalSTRS Elections. During an election period for the Board of Administration of the Public Employees Retirement System or the Teachers Retirement Board:
(1)All candidates for these boards, their controlled committees, and committees primarily formed to support or oppose the candidates shall file the preelection statements specified in Section 84200.9.
(2)A state or county general purpose committee formed pursuant to subdivision (a) of Section 82013 shall file the preelection statements specified in Section 84200.9 if it makes contributions or independent expenditures totaling one thousand five hundred dollars ($1,000) ($500) or more during the period covered by the preelection statement to support or oppose a candidate, or a committee primarily formed to support or oppose a candidate on the ballot for the Board of Administration of the Public Employees Retirement System or the Teachers Retirement Board.
(3)However, a general purpose committee formed pursuant to subdivision (b) or (c) of Section 82013 is not required to file the statements specified in Section 84200.9.
SEC. 8.SEC. 7.Section 84200.6 of the Government Code is amended to read:84200.6.In addition to the campaign statements required by Sections 84200 and 84200.5, all candidates and committees shall file the following special statements and reports:
(a)Late contribution reports, when required by Section 84203.
(b)Late independent expenditure reports, when required by Section 84204.
SEC. 9.SEC. 8.Section 84200.7 of the Government Code is repealed.SEC. 10.SEC. 9.Section 84202.5 of the Government Code is repealed.SEC. 11.SEC. 10.Section 84203.5 of the Government Code is repealed.SEC. 12.SEC. 11.Section 84218 of the Government Code is amended to read:84218.(a)A slate mailer organization shall file semiannual campaign statements no later than July 31 for the period ending June 30, and no later than January 31 for the period ending December 31.
(b)In addition to the semiannual statements required by subdivision (a), a slate mailer organization which produces a slate mailer supporting or opposing candidates or measures being voted on in an election shall file the statements specified in Section 84200.8 if, during the period covered by the preelection statement, the slate mailer organization receives payments totaling one thousand five hundred dollars ($1,000) ($500) or more from any person for the support of or opposition to candidates or ballot measures in one or more slate mailers, or expends five hundred dollars ($500) or more to produce one or more slate mailers.
(c)A slate mailer organization shall file two copies of its campaign reports with the clerk of the county in which it is domiciled. A slate mailer organization is domiciled at the address listed on its statement of organization unless it is domiciled outside California, in which case its domicile shall be deemed to be Los Angeles County for purposes of this section.
In addition, slate mailer organizations shall file campaign reports as follows:
(1)A slate mailer organization which produces one or more slate mailers supporting or opposing candidates or measures voted on in a state election, or in more than one county, shall file campaign reports in the same manner as state general purpose committees pursuant to subdivision (a) of Section 84215.
(2)A slate mailer organization which produces one or more slate mailers supporting or opposing candidates or measures voted on in only one county, or in more than one jurisdiction within one county, shall file campaign reports in the same manner as county general purpose committees pursuant to subdivision (c) of Section 84215.
(3)A slate mailer organization which produces one or more slate mailers supporting or opposing candidates or measures voted on in only one city shall file campaign reports in the same manner as city general purpose committees pursuant to subdivision (d) of Section 84215.
(4)Notwithstanding the above, no slate mailer organization shall be required to file more than the original and one copy, or two copies, of a campaign report with any one county or city clerk or with the Secretary of State.
SEC. 13.SEC. 12.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 14.SEC. 13.The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
Committee means any person or combination of persons who directly or indirectly does any of the following:
(a)Receives contributions totaling one two thousand dollars ($1,000) ($2,000) or more in a calendar year.
(b)Makes independent expenditures totaling one two thousand dollars ($1,000) ($2,000) or more in a calendar year; or
(c)Makes contributions totaling ten twenty thousand dollars ($10,000) ($20,000) or more in a calendar year to or at the behest of candidates or committees.
A person or combination of persons that becomes a committee shall retain its status as a committee until such time as that status is terminated pursuant to Section 84214.
SEC. 2.Section 82036 of the Government Code is amended to read:82036.Late contribution means any of the following:
(a)A contribution, including a loan, that totals in the aggregate one two thousand dollars ($1,000) ($2,000) or more and is made to or received by a candidate, a controlled committee, or a committee formed or existing primarily to support or oppose a candidate or measure within 90 days before on the date of the election election, or during the 90-day period preceding the date of the election, at which the candidate or measure is to be voted on. For purposes of the Board of Administration of the Public Employees Retirement System and the Teachers Retirement Board, the date of the election is the deadline to return ballots.
(b)A contribution, including a loan, that totals in the aggregate one two thousand dollars ($1,000) ($2,000) or more and is made to or received by a political party committee, as defined in Section 85205, on the date of a state election or within 90 days before the date of a state election.
SEC. 3.Section 82036.5 of the Government Code is amended to read:82036.5.Late independent expenditure means an independent expenditure that totals in the aggregate one two thousand dollars ($1,000) ($2,000) or more and is made for or against a specific candidate or measure involved in an election within 90 days before on the date of the election or during the 90-day period preceding the date of the election. For purposes of the Board of Administration of the Public Employees Retirement System and the Teachers Retirement Board, the date of the election is the deadline to return ballots.
SEC. 4.Section 84101 of the Government Code is amended to read:84101.(a)A committee that is a committee by virtue of subdivision (a) of Section 82013 shall file a statement of organization. The committee shall file the original of the statement of organization with the Secretary of State and shall also file a copy of the statement of organization with the local filing officer, if any, with whom the committee is required to file the originals of its campaign reports pursuant to Section 84215. The original and copy of the statement of organization shall be filed within 10 days after the committee has qualified as a committee. The Secretary of State shall assign a number to each committee that files a statement of organization and shall notify the committee of the number. The Secretary of State shall send a copy of statements filed pursuant to this section to the county elections official of each county that he or she deems appropriate. A county elections official who receives a copy of a statement of organization from the Secretary of State pursuant to this section shall send a copy of the statement to the clerk of each city in the county that he or she deems appropriate.
(b)In addition to filing the statement of organization as required by subdivision (a), if a committee qualifies as a committee under subdivision (a) of Section 82013 before the date of an election in connection with which the committee is required to file preelection statements, but after the closing date of the last campaign statement required to be filed before the election pursuant to Section 84200.7, 84200.8, 84200.8 or 84200.9, the committee shall file, by facsimile transmission, online transmission, guaranteed overnight delivery, or personal delivery within 24 hours of qualifying as a committee, the information required to be reported in the statement of organization. The information required by this subdivision shall be filed with the filing officer with whom the committee is required to file the originals of its campaign reports pursuant to Section 84215.
(c)If an independent expenditure committee qualifies as a committee pursuant to subdivision (a) of Section 82013 during the time period described in Section 82036.5 and makes independent expenditures of one two thousand dollars ($1,000) ($2,000) or more to support or oppose a candidate or candidates for office, the committee shall file, by facsimile transmission, online transmission, guaranteed overnight delivery, or personal delivery within 24 hours of qualifying as a committee, the information required to be reported in the statement of organization. The information required by this section shall be filed with the filing officer with whom the committee is required to file the original of its campaign reports pursuant to Section 84215, and shall be filed at all locations required for the candidate or candidates supported or opposed by the independent expenditures. The filings required by this section are in addition to filings that may be required by Sections 84203.5 and Section 84204.
(d)For purposes of this section, in calculating whether one two thousand dollars ($1,000) ($2,000) in contributions has been received, payments for a filing fee or for a statement of qualifications to appear in a sample ballot shall not be included if these payments have been made from the candidates personal funds.
SEC. 5.Section 84103 of the Government Code is amended to read:84103.(a) WheneverIf there is a change in any of the information contained in a statement of organization, an amendment shall be filed within 10 days to reflect the change. The committee shall file the original of the amendment with the Secretary of State and shall also file a copy of the amendment with the local filing officer, if any, with whom the committee is required to file the originals of its campaign reports pursuant to Section 84215.
(b)In addition to filing an amendment to a statement of organization as required by subdivision (a), a committee as defined in subdivision (a) of Section 82013 shall, by facsimile transmission, online transmission, guaranteed overnight delivery, or personal delivery within 24 hours, notify the filing officer with whom it is required to file the originals of its campaign reports pursuant to Section 84215 when if the change requiring the amendment occurs before the date of the election in connection with which the committee is required to file a preelection statement, but after the closing date of the last preelection statement required to be filed for the election pursuant to Section 84200.7 or 84200.8, if any of the following information is changed:
(1)The name of the committee.
(2)The name of the treasurer or other principal officers.
(3)The name of any candidate or committee by which the committee is controlled or with which it acts jointly.
The notification shall include the changed information, the date of the change, the name of the person providing the notification, and the committees name and identification number.
A committee may file a notification online only if the appropriate filing officer is capable of receiving the notification in that manner.
SEC. 6.Section 84200.5 of the Government Code is repealed.84200.5.In addition to the campaign statements required by Section 84200, elected officers, candidates, and committees shall file preelection statements as follows:
(a)During an even-numbered year, all candidates for elective state office being voted upon in the statewide direct primary election or the statewide general election, their controlled committees, and committees primarily formed to support or oppose an elected state officer or a state candidate being voted upon shall file the applicable preelection statements specified in Section 84200.7 or 84200.8. All elected state officers who, during the applicable reporting periods covered by Section 84200.7 or 84200.8, contribute to any committee required to report receipts, expenditures, or contributions pursuant to this title, or make an independent expenditure, shall file the applicable preelection statements specified in Section 84200.7 or 84200.8. However, a candidate for an office that is not being voted upon in the November election, his or her controlled committee, and any committee primarily formed to support or oppose that candidate is not required to file statements in connection with the November election pursuant to subdivision (b) of Section 84200.7 unless, during the reporting periods covered by Section 84200.7, the candidate, his or her controlled committee, or any committee primarily formed to support or oppose that candidate contributes to any committee required to report receipts, expenditures, or contributions pursuant to this title or makes independent expenditures.
(b)During an even-numbered year, all candidates not specified in subdivision (a) who are running for offices being voted upon on the first Tuesday after the first Monday in June or November, their controlled committees, and committees primarily formed to support or oppose those candidates or a measure being voted upon on the first Tuesday after the first Monday in June or November of an even-numbered year shall file the preelection statements specified in subdivision (a) of Section 84200.7 in the case of a June election, or subdivision (b) of Section 84200.7 in the case of a November election.
(c)All candidates for offices being voted upon on a date other than the first Tuesday after the first Monday in June or November of an even-numbered year, their controlled committees, and committees primarily formed to support or oppose a candidate or a measure being voted upon on a date other than the first Tuesday after the first Monday in June or November of an even-numbered year shall file the preelection statements specified in Section 84200.8.
(d)During an election period for the Board of Administration of the Public Employees Retirement System or the Teachers Retirement Board, all candidates for these boards, their controlled committees, and committees primarily formed to support or oppose the candidates shall file the preelection statements specified in Section 84200.9.
(e)In an even-numbered year in which the statewide direct primary election is held on the first Tuesday after the first Monday in June, a state or county general purpose committee formed pursuant to subdivision (a) of Section 82013, other than a political party committee as defined in Section 85205, shall file the preelection statements specified in Section 84200.7 if it makes contributions or independent expenditures totaling five hundred dollars ($500) or more during the period covered by the preelection statement. A state or county general purpose committee formed pursuant to subdivision (b) or (c) of Section 82013 is not required to file the statements specified in Section 84200.7.
(f)During an even-numbered year in which the statewide direct primary election is held on a date other than the first Tuesday after the first Monday in June, a state or county general purpose committee formed pursuant to subdivision (a) of Section 82013, other than a political party committee as defined in Section 85205, shall file the preelection statements specified in Section 84200.8 if it makes contributions or independent expenditures totaling five hundred dollars ($500) or more during the period covered by the preelection statement. A state or county general purpose committee formed pursuant to subdivision (b) or (c) of Section 82013 is not required to file the statements specified in Section 84200.8.
(g)During an election period for the Board of Administration of the Public Employees Retirement System or the Teachers Retirement Board, a state or county general purpose committee formed pursuant to subdivision (a) of Section 82013 shall file the preelection statements specified in Section 84200.9 if it makes contributions or independent expenditures totaling five hundred dollars ($500) or more during the period covered by the preelection statement to support or oppose a candidate, or a committee primarily formed to support or oppose a candidate, on the ballot for the Board of Administration of the Public Employees Retirement System or the Teachers Retirement Board. A state or county general purpose committee formed pursuant to subdivision (b) or (c) of Section 82013 is not required to file the statements specified in Section 84200.9.
(h)A political party committee as defined in Section 85205 shall file the applicable preelection statements specified in Section 84200.7 or 84200.8 in connection with a state election if the committee receives contributions totaling one thousand dollars ($1,000) or more, or if it makes contributions or independent expenditures totaling five hundred dollars ($500) or more, during the period covered by the preelection statement.
(i)City general purpose committees shall file statements as follows:
(1)City general purpose committees in a city that has an election on the first Tuesday after the first Monday in June or November of an even-numbered year shall file the statements specified in subdivision (a) or (b) of Section 84200.7 for the six-month period in which the city election is held, if they make contributions or independent expenditures totaling five hundred dollars ($500) or more during the period covered by the preelection statement.
(2)City general purpose committees in a city that has an election on a date other than the first Tuesday after the first Monday in June or November of an even-numbered year shall file the preelection statements specified in Section 84200.8 if they make contributions or independent expenditures totaling five hundred dollars ($500) or more during the period covered by the preelection statement.
SEC. 7.Section 84200.5 is added to the Government Code, to read:84200.5.In addition to the campaign statements required by Section 84200, elected officers, candidates, and committees shall file preelection statements as follows:
(a)All candidates appearing on the ballot to be voted on at the next election, their controlled committees, and committees primarily formed to support or oppose an elected officer, candidate or a measure appearing on the ballot to be voted on at the next election shall file the applicable preelection statements specified in Section 84200.8.
(b)All elected state officers and candidates for elective state office who are not appearing on the ballot at the next statewide primary or general election ballot, and who, during the preelection reporting periods covered by Section 84200.8, contribute to any committee required to report receipts, expenditures, or contributions pursuant to this title, or make an independent expenditure of one thousand dollars ($1,000) or more in connection with the statewide primary or general election, shall file the applicable preelection statements specified in Section 84200.8.
(c)A state or county general purpose recipient committee formed pursuant to subdivision (a) of Section 82013, other than a political party committee as defined in Section 84205, shall file the applicable preelection statements specified in Section 84200.8 if it makes contributions or independent expenditures totaling one thousand dollars ($1,000) or more in connection with the statewide primary or general election during the period covered by the preelection statements. However, a state or county general purpose committee formed pursuant to subdivision (b) or (c) of Section 82013 is not required to file the preelection statements specified in Section 84200.8.
(d)A political party committee as defined in Section 84205 shall file the applicable preelection statements specified in Section 84200.8 in connection with a statewide election if the committee receives contributions totaling one thousand dollars ($1,000) or more, or if it makes contributions or independent expenditures totaling one thousand dollars ($1,000) or more, in connection with the election during the period covered by the preelection statement.
(e)A city general purpose committee formed pursuant to subdivision (a) of Section 82013 shall file the applicable preelection statements specified in Section 84200.8 if it makes contributions or independent expenditures totaling one thousand dollars ($1,000) or more in connection with a city election in the committees jurisdiction during the period covered by the preelection statements. However, a city general purpose committee formed pursuant to subdivision (b) or (c) of Section 82013 is not required to file the preelection statements specified in Section 84200.8.
(f)CalPERS and CalSTRS Elections. During an election period for the Board of Administration of the Public Employees Retirement System or the Teachers Retirement Board:
(1)All candidates for these boards, their controlled committees, and committees primarily formed to support or oppose the candidates shall file the preelection statements specified in Section 84200.9.
(2)A state or county general purpose committee formed pursuant to subdivision (a) of Section 82013 shall file the preelection statements specified in Section 84200.9 if it makes contributions or independent expenditures totaling one thousand dollars ($1,000) or more during the period covered by the preelection statement to support or oppose a candidate, or a committee primarily formed to support or oppose a candidate on the ballot for the Board of Administration of the Public Employees Retirement System or the Teachers Retirement Board.
(3)However, a general purpose committee formed pursuant to subdivision (b) or (c) of Section 82013 is not required to file the statements specified in Section 84200.9.
SEC. 8.Section 84200.6 of the Government Code is amended to read:84200.6.In addition to the campaign statements required by Sections 84200 and 84200.5, all candidates and committees shall file the following special statements and reports:
(a)Supplemental preelection statements when required by Section 84202.5.
(b)
(a)Late contribution reports reports, when required by Section 84203.
(c)Independent expenditure reports when required by Section 84203.5.
(d)
(b)Late independent expenditure reports reports, when required by Section 84204.
SEC. 9.Section 84200.7 of the Government Code is repealed.84200.7.(a)Preelection statements for the June election period shall be filed as follows:
(1)For the period ending March 17, a statement to be filed no later than March 22. However, for a special election called after March 17, or for which the period for filing nomination documents, as defined in Section 333 of the Elections Code, ends after March 17, a preelection statement for the period ending 45 days before the election shall be filed no later than 40 days before the election.
(2)For the period ending 17 days before the election, a statement to be filed no later than 12 days before the election. All candidates being voted upon in the June election, their controlled committees, and committees formed primarily to support or oppose a candidate or measure being voted upon in the June election shall file this statement by guaranteed overnight delivery service or by personal delivery.
(b)Preelection statements for the November election period shall be filed as follows:
(1)For the period ending September 30, a statement to be filed no later than October 5.
(2)For the period ending 17 days before the election, a statement to be filed no later than 12 days before the election. All candidates being voted upon in the November election, their controlled committees, and committees formed primarily to support or oppose a candidate or measure being voted upon in the November election shall file this statement by guaranteed overnight delivery service or by personal delivery.
SEC. 10.Section 84202.5 of the Government Code is repealed.84202.5.(a)Any candidate or any committee pursuant to subdivision (a) of Section 82013 which makes contributions totaling ten thousand dollars ($10,000) or more in connection with an election, including a runoff election, shall file a supplemental preelection statement no later than 12 days before the election, for the period ending 17 days before the election. This statement shall be filed by guaranteed overnight delivery service or by personal delivery with each office with which the candidate or committee filing the statement is required to file its next campaign statement pursuant to Section 84215.
(b)This section shall not apply to candidates or committees during any semiannual period in which the candidate or committee is required to file preelection statements pursuant to Section 84200.5.
(c)If a candidate or committee makes contributions totaling ten thousand dollars ($10,000) or more in connection with an election and all of those contributions are reported pursuant to Section 84200 or 84202.7 on or before the closing date specified in subdivision (a), the candidate or committee shall not be required to file additional statements for that period pursuant to this section.
SEC. 11.Section 84203.5 of the Government Code is repealed.84203.5.(a)In addition to any campaign statements required by this article, if a candidate or committee has made independent expenditures totaling one thousand dollars ($1,000) or more in a calendar year to support or oppose a candidate, a measure or qualification of a measure, it shall file independent expenditure reports at the same time, covering the same periods, and in the places where the candidate or committee would be required to file campaign statements under this article, as if it were formed or existing primarily to support or oppose the candidate or measure or qualification of the measure. No independent expenditure report need be filed to cover a period for which there has been no activity to report.
(b)An independent expenditure report shall contain the following information:
(1)The name, street address, and telephone number of the candidate or committee making the expenditure and of the committees treasurer, and the number assigned to the committee by the Secretary of State.
(2)If the report is related to a candidate, the full name of the candidate and the office and district for which the candidate seeks nomination or election. If the report is related to a measure or qualification of a measure, the number or letter of the measure, or if none has yet been assigned, a brief description of the subject matter of the measure, and the jurisdiction in which the measure is to be voted on or would be voted on if it qualified.
(3)The total amount of expenditures related to the candidate or measure during the period covered by the report made to persons who have received less than one hundred dollars ($100).
(4)The total amount of expenditures related to the candidate or measure during the period covered by the report made to persons who have received one hundred dollars ($100) or more.
(5)For each person to whom an expenditure of one hundred dollars ($100) or more related to the candidate or measure has been made during the period covered by the report and for each person who has provided consideration for an expenditure of one hundred dollars ($100) or more during the period covered by the report:
(A)His or her full name.
(B)His or her street address.
(C)If the person is a committee, the name of the committee, the number assigned to the committee by the Secretary of State, or if no number has been assigned, the full name and street address of the treasurer of the committee.
(D)The date of the expenditure.
(E)The amount of the expenditure.
(F)A brief description of the consideration for which each expenditure was made and the value of the consideration if less than the total amount of the expenditure.
(G)The cumulative amount of expenditures to such person.
(6)A list of all the filing officers with whom the committee filed its most recent campaign statement.
(c)Filing officers shall maintain paper reports filed pursuant to this section under the name of the candidate or measure supported or opposed by the independent expenditure.
SEC. 12.Section 84218 of the Government Code is amended to read:84218.(a)A slate mailer organization shall file semiannual campaign statements no later than July 31 for the period ending June 30, and no later than January 31 for the period ending December 31.
(b)In addition to the semiannual statements required by subdivision (a), slate mailer organizations shall file preelection statements as follows:
(1)Any slate mailer organization which produces a slate mailer supporting or opposing candidates or measures being voted on in an election held upon the first Tuesday after the first Monday in June or November of an even-numbered year shall file the statements specified in Section 84200.7 if, during the period covered by the preelection statement, the slate mailer organization receives payments totaling five hundred dollars ($500) or more from any person for the support of or opposition to candidates or ballot measures in one or more slate mailers, or expends five hundred dollars ($500) or more to produce one or more slate mailers.
(2) Any
(b)In addition to the semiannual statements required by subdivision (a), a slate mailer organization which produces a slate mailer supporting or opposing candidates or measures being voted on in an election held on a date other than the first Tuesday after the first Monday in June or November of an even-numbered year shall file the statements specified in Section 84200.8 if, during the period covered by the preelection statement, the slate mailer organization receives payments totaling five hundred dollars ($500) one thousand dollars ($1,000) or more from any person for the support of or opposition to candidates or ballot measures in one or more slate mailers, or expends five hundred dollars ($500) or more to produce one or more slate mailers.
(c)A slate mailer organization shall file two copies of its campaign reports with the clerk of the county in which it is domiciled. A slate mailer organization is domiciled at the address listed on its statement of organization unless it is domiciled outside California, in which case its domicile shall be deemed to be Los Angeles County for purposes of this section.
In addition, slate mailer organizations shall file campaign reports as follows:
(1)A slate mailer organization which produces one or more slate mailers supporting or opposing candidates or measures voted on in a state election, or in more than one county, shall file campaign reports in the same manner as state general purpose committees pursuant to subdivision (a) of Section 84215.
(2)A slate mailer organization which produces one or more slate mailers supporting or opposing candidates or measures voted on in only one county, or in more than one jurisdiction within one county, shall file campaign reports in the same manner as county general purpose committees pursuant to subdivision (c) of Section 84215.
(3)A slate mailer organization which produces one or more slate mailers supporting or opposing candidates or measures voted on in only one city shall file campaign reports in the same manner as city general purpose committees pursuant to subdivision (d) of Section 84215.
(4)Notwithstanding the above, no slate mailer organization shall be required to file more than the original and one copy, or two copies, of a campaign report with any one county or city clerk or with the Secretary of State.
SEC. 13.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 14.The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
|
Date
|
Status
|
|---|---|
| Jul 8, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (July 7). Re-referred to Com. on APPR. |
| Sep 30, 2015 | Chaptered by Secretary of State - Chapter 364, Statutes of 2015. |
| Sep 30, 2015 | Approved by the Governor. |
| Sep 10, 2015 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 1, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0.). |
| Sep 1, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 2736.). |
| Sep 1, 2015 | Assembly Rule 77 suspended. (Page 2729.) |
| Sep 1, 2015 | Assembly Rule 77 suspended. |
| Aug 31, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2292.). |
| Aug 31, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Aug 31, 2015 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 2 pursuant to Assembly Rule 77. |
| Aug 18, 2015 | Read second time. Ordered to third reading. |
| Aug 17, 2015 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8. |
| Aug 17, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. |
| Feb 24, 2015 | Read first time. To print. |
| Jun 29, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E. & C.A. |
| Jun 3, 2015 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| May 21, 2015 | Referred to Com. on E. & C.A. |
| May 7, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1335.) |
| May 7, 2015 | Read third time. Passed. Ordered to the Senate. |
| May 7, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 30, 2015 | Read second time. Ordered to third reading. |
| Apr 29, 2015 | From committee: Do pass. (Ayes 17. Noes 0.) (April 29). |
| Apr 15, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (April 15). Re-referred to Com. on APPR. |
| Apr 8, 2015 | Re-referred to Com. on E. & R. |
| Apr 7, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on E. & R. Read second time and amended. |
| Mar 9, 2015 | Referred to Com. on E. & R. |
| Feb 25, 2015 | From printer. May be heard in committee March 27. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 1, 2015 | AB 594 GORDON Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 31, 2015 | Assembly 3rd Reading AB594 Gordon By Allen | Senate Floor |
Passed |
|
| Jul 7, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Elections and Constitutional Amendments |
Passed |
|
| May 7, 2015 | AB 594 GORDON Assembly Third Reading | Assembly Floor |
Passed |
|
| Apr 29, 2015 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 15, 2015 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Elections and Redistricting |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Forward Action Fund | ** Support | Aug 31, 2015 |
| California Special Districts Association | ** Support | Aug 31, 2015 |
| Fair Political Practices Commission | ** Support | Aug 31, 2015 |
| Santa Clara Valley Water District | ** Support | Aug 31, 2015 |
AB 594
Page 2
CONCURRENCE IN SENATE AMENDMENTS
AB 594
(Gordon)
As Amended August 17, 2015
2/3 vote
ASSEMBLY: |
77-0 |
(May 7, 2015) |
SENATE: |
40-0 |
(August 31, 2015) |
Original Committee Reference: E. & R.
SUMMARY: Eliminates certain campaign reporting requirements. Standardizes the dates by which preelection reports must be filed. Requires contributions and independent expenditures of $1,000 or more that are received or made on Election Day to be reported within 24 hours. Specifically, this bill:
Provides that a contribution or an independent expenditure of $1,000 or more that is received or made on Election Day is a "late contribution" or a "late independent expenditure" that is required to be reported within 24 hours of having been received or made.
Eliminates supplemental preelection and supplemental independent expenditure reporting requirements.
Requires all preelection reports to be filed pursuant to the same schedule, instead of having a slightly different schedule for preelection reports that are filed in connection with statewide elections held in June and November of even-numbered years.
Eliminates the requirement for city general purpose committees to file preelection reports if they do not receive contributions of $1,000 or more.
Makes corresponding and technical changes.
The Senate amendments:
Increase the amount of contributions that an entity must receive in a calendar year order to be considered a "committee" under the Political Reform Act (PRA) from $1,000 to $2,000.
Increase the maximum amount of contributions that a candidate or officeholder can receive, and the maximum amount of expenditures they can make, in a calendar year and be eligible to file a "short form" campaign disclosure report, from $1,000 to $2,000.
Increase the maximum amount of contributions that a member of or candidate for county central committee of a political party can receive, and the maximum amount of expenditures they can make, in a calendar year and not be required to file campaign disclosure reports under the PRA, from $1,000 to $2,000.
Make technical, corresponding, and conforming changes.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: According to the author, "AB 594 would streamline some of the campaign finance rules in the [PRA] to reduce redundancy and improve accountability. Overall, the bill would make small, but meaningful reforms to the [PRA], while maintaining the highest ethical standards."
Under the PRA, there are two general types of reporting requirements: periodic reports that are filed according to specified time schedules, and activity-based reports, which are triggered when a candidate or committee has campaign activity that meets or exceeds a specific dollar threshold.
This bill seeks to eliminate two types of special activity-based reports in an effort to streamline the campaign reporting process. The reports that would be eliminated are supplemental preelection statements and supplemental independent expenditure reports. Due to modifications made to campaign limits and disclosure requirements after these reporting requirements were established, these special activity-based reporting requirements no longer serve their original purposes.
This bill also standardizes the schedule for filing preelection reports so that the first preelection report is always due by the 40th day before the election, covering all activity through the 45th day before the election, regardless of when the election is held. Finally, this bill eliminates the requirement for city general purpose committees to file preelection reports in connection with an election if the committees are not recipient committees (that is, if they do not receive contributions of $1,000 or more). Unlike city general purpose committees, state and county general purpose committees are required to file preelection reports only if they are recipient committees. State and county general purpose committees that are not recipient committees –that is, committees that make independent expenditures or contributions, but that do not receive contributions – are not required to file preelection reports. Those committees' preelection activities typically will be disclosed on other reports (including through late independent expenditure reports and late contribution reports).
California voters passed an initiative, Proposition 9, in 1974 that created the Fair Political Practices Commission and codified significant restrictions and prohibitions on candidates, officeholders and lobbyists. That initiative is commonly known as the PRA. Amendments to the PRA that are not submitted to the voters, such as those contained in this bill, must further the purposes of the initiative and require a two-thirds vote of both houses of the Legislature.
Senate amendments to this bill added provisions that increase the monetary threshold of contributions that must be received in order to qualify as a committee under the PRA, make related changes relative to the eligibility of committees to file a "short form" campaign disclosure report and to provisions of law governing when candidates for party central committee are exempt from filing campaign disclosure reports, and make conforming changes. The subject matter of these additions to this bill has not been heard in an Assembly policy committee during the current legislative session.
Analysis Prepared by: Ethan Jones / E. & R. / (916) 319-2094 FN: 0001376
AB 594
Page 8
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 594
Amended: 8/17/15 in Senate
SENATE ELECTIONS & C.A. COMMITTEE: 4-0, 7/7/15
AYES: Allen, Hancock, Hertzberg, Liu
NO VOTE RECORDED: Anderson
SENATE APPROPRIATION COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 77-0, 5/7/15 - See last page for vote
SUBJECT: Political Reform Act of 1974: campaign statements
DIGEST: This bill eliminates certain campaign reporting requirements and makes other changes to thresholds and reporting requirements pursuant to the Political Reform Act of 1974 (PRA).
Existing law:
Provides that any person or combination of persons who directly or indirectly does any of the following is considered a “committee” for the purposes of the PRA:
Receives contributions of $1,000 or more in a calendar year (these committees are commonly known as “recipient committees”);
Makes independent expenditures of $1,000 or more in a calendar year (these committees are commonly known as “independent expenditure committees”); or,
Makes contributions totaling $10,000 or more per year to, or at the behest of, candidates or committees (these committees are commonly known as “major donor committees”).
Requires the Fair Political Practices Commission (FPPC) to provide a short form for filing specified campaign finance reports for candidates or officeholders who receive contributions of less than $1,000, and who make expenditures of less than $1,000, in a calendar year.
Provides that an elected member of, or a candidate for election to, a county central committee of a qualified political party who receives contributions of less than $1,000 and who makes expenditures of less than $1,000 in a calendar year shall not be required to file any campaign statements.
Requires candidates, political committees, and slate mail organizations to file specified periodic and activity-based campaign finance reports, including semiannual statements, pre-election statements, supplemental pre-election statements, and late contribution/independent expenditure reports that include specified campaign finance information.
Defines "late contribution" as either of the following:
A contribution, including a loan, that totals $1,000 or more in the aggregate and that is made to or received by a candidate, controlled committee, or committee primarily formed or existing primarily to support or oppose a candidate or measure within 90 days before the date of the election at which the candidate or measure is to be voted on; or,
A contribution, including a loan, that totals $1,000 or more in the aggregate and that is made to or received by a political party committee within 90 days before a state election.
Defines "late independent expenditure" as an independent expenditure that totals $1,000 or more in the aggregate and that is made for or against a specific candidate or measure involved in an election within 90 days before the date of the election.
Requires a "late contribution" or a "late independent expenditure," as defined, to be publicly reported within 24 hours of the time that it is made or received, as specified.
This bill:
Revises the definition of recipient committee by increasing the qualifying monetary threshold from $1,000 to $2,000 for contributions received by a person or combination of persons.
Clarifies that a contribution or an independent expenditure of $1,000 or more that is received or made on Election Day is a “late contribution” or a “late independent expenditure” that is required to be reported within 24 hours of having been received or made.
Eliminates supplemental pre-election and supplemental independent expenditure reporting requirements.
Requires all pre-election reports to be filed pursuant to the same schedule, instead of having a slightly different schedule for pre-election reports that are filed in connection with statewide elections held in June and November of even-numbered years.
Eliminates the requirement for city general purpose committees to file pre-election reports if they do not receive contributions of $1,000 or more.
Requires the FPPC to instead provide a short form for filing specified campaign finance reports for candidates or officeholders who receive contributions of less than $2,000, and who make expenditures of less than $2,000, in a calendar year.
Provides instead that an elected member of, or a candidate for election to, a county central committee of a qualified political party who receives contributions of less than $2,000 and who makes expenditures of less than $2,000 in a calendar year shall not be required to file any campaign statements.
Makes other corresponding and technical changes.
Background
Periodic and Activity Based Reports. Under the PRA, there are two general types of reporting requirements. The first type of report is commonly referred to as a periodic report. Periodic reports must be filed according to a specified time schedule for all similarly-situated candidates and committees, regardless of the amount of campaign activity during the period of time covered by the report. These reports generally include all campaign activity (contributions, loans, expenditures, etc.) that occurred over a specified period of time. Semi-annual reports and pre-election reports are two examples of periodic reports that are required under the PRA.
The second type of report that the PRA requires is an activity-based report. An activity-based report is triggered when a candidate or committee has campaign activity that meets or exceeds a specific dollar threshold. Late contribution reports and late independent expenditure reports are examples of activity-based reports.
This bill seeks to eliminate two types of special activity-based reports in an effort to streamline the campaign reporting process. The reports that would be eliminated are supplemental pre-election statements and supplemental independent expenditure reports. Due to modifications made to campaign limits and disclosure requirements after these reporting requirements were established, these special activity-based reporting requirements no longer serve their original purposes.
Supplemental Pre-election Statements. Existing law requires a recipient committee to file a supplemental pre-election statement if it makes contributions of $10,000 or more in connection with an election for which the committee otherwise would not be required to file pre-election statements. This reporting requirement, which was created in 1985, was designed to ensure that a committee that is making significant contributions in an election is required to disclose its donors prior to the election.
For example, if an individual made a $50,000 contribution to a state general purpose committee a month before a legislative special election, and the state general purpose committee then used those funds to make a $50,000 contribution to a candidate who was running in that special election, the supplemental pre-election statement ensured that the state general purpose committee was required to disclose the $50,000 contribution it received from the individual prior to the special election.
At the time the supplemental pre-election statement requirements were put into law, there were no contribution limits for elections for state office. As a result, the requirement to file supplemental pre-election statements was an important tool to ensure that the true source of significant campaign contributions to candidates was disclosed prior to the election. Since that time, however, Proposition 34 of 2000 imposed contribution limits for elections for state office, and many local jurisdictions have enacted local contribution limits. As a result, it has become relatively uncommon for committees to meet the $10,000 threshold that requires filing a supplemental pre-election statement.
Supplemental Independent Expenditure Reports. Existing law requires a candidate or committee that makes independent expenditures of $1,000 or more in a calendar year in connection with an election to file a supplemental independent expenditure report at the same times and in the same places as the committee would be required to file campaign statements if it were primarily formed to support or oppose the candidate or measure that it supported or opposed with the independent expenditure.
This reporting requirement, which was created in 1985, was designed to ensure that a committee that is making significant independent expenditures in an election is required to disclose its donors prior to the election. Since the requirement for supplemental independent expenditure reports was enacted into law, however, disclosure laws have been amended to require similar information to be reported within 24 hours whenever a committee makes independent expenditures of $1,000 or more in the last 90 days before an election. Since it is rare for independent expenditures to be made more than 90 days before the election, supplemental independent expenditure reports largely have become duplicative of other reports that are filed in a timelier manner.
Date Changes. Under existing law, pre-election reports are filed on a slightly different timeline for elections held on the first Tuesday after the first Monday in June or November of even-numbered years than for elections held at other times. The deadline for the first pre-election report for an election held on the first Tuesday after the first Monday in June is always March 22, and the report is required to cover campaign activity through March 17.
For elections held on the first Tuesday after the first Monday in November, the deadline for the first pre-election report is always October 5, covering all activity through September 30. For elections held at other times, the deadline for the first pre-election report is the 40th day before the election, covering all activity through the 45th day before the election. The second pre-election report is always due on the 12th day before the election, covering all activity through the 17th day before the election, regardless of when the election is held.
This bill standardizes the schedule for filing pre-election reports so that the first pre-election report is always due by the 40th day before the election, covering all activity through the 45th day before the election, regardless of when the election is held. As a result, the first pre-election report for elections on the first Tuesday after the first Monday in June of even-numbered years will be due between April 23-29 (depending on the exact date of the election) instead of on March 22, and the first pre-election report for elections on the first Tuesday after the first Monday in November of even-numbered years will be due between September 23-29 (depending on the exact date of the election), instead of on September 30.
City General Purpose Committees. This bill eliminates the requirement for city general purpose committees to file pre-election reports in connection with an election if the committees are not recipient committees (that is, if they do not receive contributions of $1,000 or more). Generally, state and county general purpose committees are required to file pre-election reports only if they are recipient committees. The pre-election report is intended to ensure that a committee must report the donations that it receives prior to an election, if the committee is making contributions or independent expenditures in connection with that election. State and county general purpose committees that are not recipient committees -- that is, committees that make independent expenditures or contributions, but that do not receive contributions -- are not required to file pre-election reports. Those committees’ pre-election activities typically will be disclosed on other reports (including through late independent expenditure reports and late contribution reports). This bill extends the same policy to city general purpose committees.
Comments
According to the author, “I have long believed in the purposes of California’s Political Reform Act and its goal of enabling a knowledgeable electorate. This includes helping voters become fully informed as they make decisions that will impact the governance of this state. For this reason, it is essential that there is a fair, efficient, and effective means of holding entities involved with campaigns accountable for violations of the law. AB 594 would streamline some provisions of the Political Reform Act to reduce redundancy and improve accountability. It would also modernize a reporting threshold in line with the original thresholds. Overall, the bill would make small, but meaningful reforms to the Political Reform Act, while maintaining the highest ethical standards.”
This bill adjusts some of the thresholds to file and remove redundant filings. Specifically, AB 594:
Eliminates duplicative reports.
This bill repeals provisions that currently require “supplemental pre-election statements” and “supplemental independent expenditure reports.” These statements were intended to disclose contributions received and independent expenditures made shortly before the election. However, when AB 481 (Gordon, Chapter 496, Statutes of 2012) extended the 24-hour reporting period from 16 days to 90 days, supplemental pre-election statements and supplemental independent expenditure reports became duplicative and can be eliminated without sacrificing disclosure or transparency.
Provides updated and relevant monetary threshold for triggering as a “committee” subject to registration and reporting.
This bill increases the recipient committee qualification threshold from $1,000 to $2,000. This threshold has not been updated since 1987. Adjusting for inflation, the threshold change proposed in the bill is in line with what the original qualification thresholds. This change will update the outdated threshold in a manner that balances the ability of a candidate to run a grassroots campaign with the burdens imposed once he or she qualifies as a committee. Moreover, should a local government believe that the new qualification thresholds are higher than they wish; nothing in the bill impacts the ability of a local government to apply a lower threshold.
Clarifies and simplifies reporting requirements for 24-hour reports filed 90 days before the election.
This bill clarifies that reports required to be filed within 24-hours during the 90-day period prior to the election includes the election date itself.
Clarifies and simplifies requirements for reports filed before the election, while still maintaining relevant and timely disclosure.
This bill makes the law easier to understand and comply with, and tie reporting requirements to the relevant upcoming election.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
California Forward Action Fund
California Special Districts Association
Fair Political Practices Commission
Santa Clara Valley Water District
OPPOSITION: (Verified 8/17/15)
None received
ASSEMBLY FLOOR: 77-0, 5/7/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Campos, Roger Hernández, Steinorth
Prepared by: Darren Chesin / E. & C.A. / (916) 651-4106
8/20/15 16:34:50
**** END ****
AB 594 (Gordon) Page 6 of 6
SENATE COMMITTEE ON
ELECTIONS AND CONSTITUTIONAL AMENDMENTS
Senator Ben Allen, Chair
2015 - 2016 Regular
Bill No: AB 594 Hearing Date: 7/7/15
Author: |
Gordon |
||
Version: |
6/29/15 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Darren Chesin |
||
Subject: Political Reform Act of 1974: campaign statements
DIGEST
This bill eliminates certain campaign reporting requirements and makes other changes to thresholds and reporting requirements pursuant to the Political Reform Act of 1974 (PRA).
ANALYSIS
Existing law:
Provides that any person or combination of persons who directly or indirectly does any of the following is considered a “committee” for the purposes of the PRA:
Receives contributions of $1,000 or more in a calendar year (these committees are commonly known as “recipient committees”);
Makes independent expenditures of $1,000 or more in a calendar year (these committees are commonly known as “independent expenditure committees”); or,
Makes contributions totaling $10,000 or more per year to, or at the behest of, candidates or committees (these committees are commonly known as “major donor committees”).
Requires candidates, political committees, and slate mail organizations to file specified periodic and activity-based campaign finance reports, including semiannual statements, pre-election statements, supplemental pre-election statements, and late contribution/independent expenditure reports that include specified campaign finance information.
Defines "late contribution" as either of the following:
A contribution, including a loan, that totals $1,000 or more in the aggregate and that is made to or received by a candidate, controlled committee, or committee primarily formed or existing primarily to support or oppose a candidate or measure within 90 days before the date of the election at which candidate or measure is to be voted on; or,
A contribution, including a loan, that totals $1,000 or more in the aggregate and that is made to or received by a political party committee within 90 days before a state election.
Defines "late independent expenditure" as an independent expenditure that totals $1,000 or more in the aggregate and that is made for or against a specific candidate or measure involved in an election within 90 days before the date of the election.
Requires a "late contribution" or a "late independent expenditure," as defined, to be publicly reported within 24 hours of the time that it is made or received, as specified.
This bill:
Revises the definition of recipient committee by increasing the qualifying monetary threshold from $1,000 to $2,000 for contributions received by a person or combination of persons.
Clarifies that a contribution or an independent expenditure of $1,000 or more that is received or made on Election Day is a “late contribution” or a “late independent expenditure” that is required to be reported within 24 hours of having been received or made.
Eliminates supplemental pre-election and supplemental independent expenditure reporting requirements.
Requires all pre-election reports to be filed pursuant to the same schedule, instead of having a slightly different schedule for pre-election reports that are filed in connection with statewide elections held in June and November of even-numbered years.
Eliminates the requirement for city general purpose committees to file pre-election reports if they do not receive contributions of $1,000 or more.
Makes corresponding and technical changes.
BACKGROUND
Periodic and Activity Based Reports. Under the PRA, there are two general types of reporting requirements. The first type of report is commonly referred to as a periodic report. Periodic reports must be filed according to a specified time schedule for all similarly-situated candidates and committees, regardless of the amount of campaign activity during the period of time covered by the report. These reports generally include all campaign activity (contributions, loans, expenditures, etc.) that occurred over a specified period of time. Semi-annual reports and pre-election reports are two examples of periodic reports that are required under the PRA.
The second type of report that the PRA requires is an activity-based report. An activity-based report is triggered when a candidate or committee has campaign activity that meets or exceeds a specific dollar threshold. Late contribution reports and late independent expenditure reports are examples of activity-based reports.
This bill seeks to eliminate two types of special activity-based reports in an effort to streamline the campaign reporting process. The reports that would be eliminated are supplemental pre-election statements and supplemental independent expenditure reports. Due to modifications made to campaign limits and disclosure requirements after these reporting requirements were established, these special activity-based reporting requirements no longer serve their original purposes.
Supplemental Pre-election Statements. Existing law requires a recipient committee to file a supplemental pre-election statement if it makes contributions of $10,000 or more in connection with an election for which the committee otherwise would not be required to file pre-election statements. This reporting requirement, which was created in 1985, was designed to ensure that a committee that is making significant contributions in an election is required to disclose its donors prior to the election.
For example, if an individual made a $50,000 contribution to a state general purpose committee a month before a legislative special election, and the state general purpose committee then used those funds to make a $50,000 contribution to a candidate who was running in that special election, the supplemental pre-election statement ensured that the state general purpose committee was required to disclose the $50,000 contribution it received from the individual prior to the special election.
At the time the supplemental pre-election statement requirements were put into law, there were no contribution limits for elections for state office. As a result, the requirement to file supplemental pre-election statements was an important tool to ensure that the true source of significant campaign contributions to candidates was disclosed prior to the election. Since that time, however, Proposition 34 of 2000 imposed contribution limits for elections for state office, and many local jurisdictions have enacted local contribution limits. As a result, it has become relatively uncommon for committees to meet the $10,000 threshold that requires filing a supplemental pre-election statement.
Supplemental Independent Expenditure Reports. Existing law requires a candidate or committee that makes independent expenditures of $1,000 or more in a calendar year in connection with an election to file a supplemental independent expenditure report at the same times and in the same places as the committee would be required to file campaign statements if it were primarily formed to support or oppose the candidate or measure that it supported or opposed with the independent expenditure.
This reporting requirement, which was created in 1985, was designed to ensure that a committee that is making significant independent expenditures in an election is required to disclose its donors prior to the election. Since the requirement for supplemental independent expenditure reports was enacted into law, however, disclosure laws have been amended to require similar information to be reported within 24 hours whenever a committee makes independent expenditures of $1,000 or more in the last 90 days before an election. Since it is rare for independent expenditures to be made more than 90 days before the election, supplemental independent expenditure reports largely have become duplicative of other reports that are filed in a timelier manner.
Date Changes. Under existing law, pre-election reports are filed on a slightly different timeline for elections held on the first Tuesday after the first Monday in June or November of even-numbered years than for elections held at other times. The deadline for the first pre-election report for an election held on the first Tuesday after the first Monday in June is always March 22, and the report is required to cover campaign activity through March 17.
For elections held on the first Tuesday after the first Monday in November, the deadline for the first pre-election report is always October 5, covering all activity through September 30. For elections held at other times, the deadline for the first pre-election report is the 40th day before the election, covering all activity through the 45th day before the election. The second pre-election report is always due on the 12th day before the election, covering all activity through the 17th day before the election, regardless of when the election is held.
This bill standardizes the schedule for filing pre-election reports so that the first pre-election report is always due by the 40th day before the election, covering all activity through the 45th day before the election, regardless of when the election is held. As a result, the first pre-election report for elections on the first Tuesday after the first Monday in June of even-numbered years will be due between April 23-29 (depending on the exact date of the election) instead of on March 22, and the first pre-election report for elections on the first Tuesday after the first Monday in November of even-numbered years will be due between September 23-29 (depending on the exact date of the election), instead of on September 30.
City General Purpose Committees. This bill eliminates the requirement for city general purpose committees to file pre-election reports in connection with an election if the committees are not recipient committees (that is, if they do not receive contributions of $1,000 or more). Generally, state and county general purpose committees are required to file pre-election reports only if they are recipient committees. The pre-election report is intended to ensure that a committee must report the donations that it receives prior to an election, if the committee is making contributions or independent expenditures in connection with that election. State and county general purpose committees that are not recipient committees -- that is, committees that make independent expenditures or contributions, but that do not receive contributions -- are not required to file pre-election reports. Those committees’ pre-election activities typically will be disclosed on other reports (including through late independent expenditure reports and late contribution reports). This bill extends the same policy to city general purpose committees.
COMMENTS
According to the author: I have long believed in the purposes of California’s Political Reform Act and its goal of enabling a knowledgeable electorate. This includes helping voters become fully informed as they make decisions that will impact the governance of this state. For this reason, it is essential that there is a fair, efficient, and effective means of holding entities involved with campaigns accountable for violations of the law. AB 594 would streamline some provisions of the Political Reform Act to reduce redundancy and improve accountability. It would also modernize a reporting threshold in line with the original thresholds. Overall, the bill would make small, but meaningful reforms to the Political Reform Act, while maintaining the highest ethical standards.
This bill would adjust some of the thresholds to file and remove redundant filings. Specifically, AB 594 would:
Eliminate duplicative reports.
This bill would repeal provisions that currently require “supplemental pre-election statements” and “supplemental independent expenditure reports.” These statements were intended to disclose contributions received and independent expenditures made shortly before the election. However, when AB 481 (Ch. 496, Stats. 2012) extended the 24-hour reporting period from 16 days to 90 days, supplemental pre-election statements and supplemental independent expenditure reports became duplicative and can be eliminated without sacrificing disclosure or transparency.
Provide updated and relevant monetary threshold for triggering as a “committee” subject to registration and reporting.
This bill would increase the recipient committee qualification threshold from $1,000 to $2,000. This threshold has not been updated since 1987. Adjusting for inflation, the threshold change proposed in the bill is in line with what the original qualification thresholds. This change will update the outdated threshold in a manner that balances the ability of a candidate to run a grassroots campaign with the burdens imposed once he or she qualifies as a committee. Moreover, should a local government believe that the new qualification thresholds are higher than they wish; nothing in the bill would impact the ability of a local government to apply a lower threshold.
Clarify and simplify reporting requirements for 24-hour reports filed 90 days before the election.
This bill would clarify that reports required to be filed within 24-hours during the 90- day period prior to the election includes the election date itself.
Clarify and simplify requirements for reports filed before the election, while still maintaining relevant and timely disclosure.
This bill would make the law easier to understand and comply with, and tie reporting requirements to the relevant upcoming election.
RELATED/PRIOR LEGISLATION
SB 1442 (Lara) of 2014 would have required most state candidates and campaign committees to file quarterly campaign reports, instead of semi-annual campaign reports, would have eliminated requirements for committees to file certain activity-based reports (including supplemental pre-election statements and supplemental independent expenditure reports), and would have required the development of a new Internet-based campaign finance reporting and disclosure system.
SB 1442 was vetoed by Governor Brown, who stated in his veto message that it would be premature to adjust the campaign reporting schedules until a new campaign finance disclosure system was in place, and who argued that the Secretary of State's office should complete two existing information technology projects before beginning to replace the existing campaign finance disclosure system.
PRIOR ACTION
Assembly Floor: |
77 - 0 |
Assembly Appropriations Committee: |
17 - 0 |
Assembly Elections and Redistricting Committee: |
5 - 0 |
POSITIONS
Sponsor: Author
Support: California Forward Action Fund
California Special Districts Association
Fair Political Practices Commission
Santa Clara Valley Water District
Oppose: None received
-- END --
AB 594
Page 2
ASSEMBLY THIRD READING
AB 594
(Gordon)
As Amended April 7, 2015
2/3 vote
Committee |
Votes |
Ayes |
Noes |
Elections |
5-0 |
Ridley-Thomas, Gatto, Gordon, Mullin, Perea |
|
Appropriations |
17-0 |
Gomez, Bigelow, Bloom, Bonta, Calderon, Chang, Daly, Eggman, Gallagher, Eduardo Garcia, Holden, Jones, Quirk, Rendon, Wagner, Weber, Wood |
|
SUMMARY: Eliminates certain campaign reporting requirements. Standardizes the dates by which preelection reports must be filed. Requires contributions and independent expenditures of $1,000 or more that are received or made on Election Day to be reported within 24 hours. Specifically, this bill:
Provides that a contribution or an independent expenditure of $1,000 or more that is received or made on Election Day is a "late contribution" or a "late independent expenditure" that is required to be reported within 24 hours of having been received or made.
Eliminates supplemental preelection and supplemental independent expenditure reporting requirements.
Requires all preelection reports to be filed pursuant to the same schedule, instead of having a slightly different schedule for preelection reports that are filed in connection with statewide elections held in June and November of even-numbered years.
Eliminates the requirement for city general purpose committees to file preelection reports if they do not receive contributions of $1,000 or more.
Makes corresponding and technical changes.
FISCAL EFFECT: According to the Assembly Appropriations Committee, any costs to the Fair Political Practices Commission (FPPC), which administers and enforces the Political Reform Act (PRA), will be minor and absorbable.
COMMENTS: According to the author, "AB 594 would streamline some of the campaign finance rules in the [PRA] to reduce redundancy and improve accountability. Overall, the bill would make small, but meaningful reforms to the [PRA], while maintaining the highest ethical standards."
Under the PRA, there are two general types of reporting requirements: periodic reports that are filed according to specified time schedules, and activity-based reports, which are triggered when a candidate or committee has campaign activity that meets or exceeds a specific dollar threshold.
This bill seeks to eliminate two types of special activity-based reports in an effort to streamline the campaign reporting process. The reports that would be eliminated are supplemental preelection statements and supplemental independent expenditure reports. Due to modifications made to campaign limits and disclosure requirements after these reporting requirements were established, these special activity-based reporting requirements no longer serve their original purposes.
This bill also standardizes the schedule for filing preelection reports so that the first preelection report is always due by the 40th day before the election, covering all activity through the 45th day before the election, regardless of when the election is held. Finally, this bill eliminates the requirement for city general purpose committees to file preelection reports in connection with an election if the committees are not recipient committees (that is, if they do not receive contributions of $1,000 or more). Unlike city general purpose committees, state and county general purpose committees are required to file preelection reports only if they are recipient committees. State and county general purpose committees that are not recipient committees—that is, committees that make independent expenditures or contributions, but that do not receive contributions—are not required to file preelection reports. Those committees' preelection activities typically will be disclosed on other reports (including through late independent expenditure reports and late contribution reports).
California voters passed an initiative, Proposition 9, in 1974 that created the FPPC and codified significant restrictions and prohibitions on candidates, officeholders and lobbyists. That initiative is commonly known as the PRA. Amendments to the PRA that are not submitted to the voters, such as those contained in this bill, must further the purposes of the initiative and require a two-thirds vote of both houses of the Legislature.
Please see the policy committee analysis for a full discussion of this bill.
Analysis Prepared by: Ethan Jones / E. & R. / (916) 319-2094 FN: 0000233
AB 594
Page 2
Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 594
(Gordon) – As Amended April 7, 2015
Policy Committee: |
Elections and Redistricting |
Vote: |
5 - 0 |
|
|
|
|
|
|
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill amends and streamlines certain reporting requirements under the Political Reform Act (PRA). Specifically, this bill:
Provides that a contribution or an independent expenditure of $1,000 or more that is received or made on election day is also considered a “late contribution” or a “late independent expenditure,” and is thus required to be reported within 24 hours of having been received or made.
Eliminates supplemental preelection and supplemental independent expenditure reporting requirements.
Requires all preelection reports to be filed pursuant to the same schedule, instead of having a slightly different schedule for preelection reports that are filed in connection with statewide elections held in June and November of even-numbered years.
Eliminates the requirement for city general purpose committees to file preelection reports if they do not receive contributions of $1,000 or more.
FISCAL EFFECT:
Any costs to the Fair Political Practices Commission, which administers and enforces the PRA, will be minor and absorbable.
COMMENTS:
Purpose. According to the author, "AB 594 would streamline some of the campaign finance rules in the Political Reform Act to reduce redundancy and improve accountability. Overall, the bill would make small, but meaningful reforms to the Political Reform Act, while maintaining the highest ethical standards."
Background. Under the PRA, there are two general types of reports: 1) periodic reports, which must be filed according to specified time schedules, and 2) activity-based reports, which are triggered when a candidate or committee conducts campaign activity that meet or exceeds a specific dollar threshold. To streamline the campaign reporting process, this bill eliminates two types of special activity-based reports—supplemental preelection statements and supplemental independent expenditure reports. Due to modifications made to campaign limits and disclosure requirements after these reporting requirements were established, these reporting requirements no longer serve their original purposes.
This bill also standardizes the schedule for filing preelection reports so that the first preelection report is always due by the 40th day before the election, covering all activity through the 45th day before the election, regardless of when the election is held.
Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081
AB 594
Page 5
Date of Hearing: April 15, 2015
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Sebastian Ridley-Thomas, Chair
AB 594
(Gordon) – As Amended April 7, 2015
SUBJECT: Political Reform Act of 1974: campaign statements.
SUMMARY: Eliminates certain campaign reporting requirements. Standardizes the dates by which preelection reports must be filed. Requires contributions and independent expenditures of $1,000 or more that are received or made on election day to be reported within 24 hours. Specifically, this bill:
Provides that a contribution or an independent expenditure of $1,000 or more that is received or made on election day is a “late contribution” or a “late independent expenditure” that is required to be reported within 24 hours of having been received or made.
Eliminates supplemental preelection and supplemental independent expenditure reporting requirements.
Requires all preelection reports to be filed pursuant to the same schedule, instead of having a slightly different schedule for preelection reports that are filed in connection with statewide elections held in June and November of even-numbered years.
Eliminates the requirement for city general purpose committees to file preelection reports if they do not receive contributions of $1,000 or more.
Makes corresponding and technical changes.
EXISTING LAW:
Creates the Fair Political Practices Commission (FPPC), and makes it responsible for the impartial, effective administration and implementation of the Political Reform Act (PRA).
Provides that any person or combination of persons who directly or indirectly does any of the following is considered a “committee” for the purposes of the PRA:
Receives contributions of $1,000 or more in a calendar year (these committees are commonly known as “recipient committees”);
Makes independent expenditures of $1,000 or more in a calendar year (these committees are commonly known as “independent expenditure committees”); or,
Makes contributions totaling $10,000 or more per year to or at the behest of candidates or committees (these committees are commonly known as “major donor committees”).
Requires candidates, political committees, and slate mail organizations to file specified periodic and activity-based campaign finance reports, including semiannual statements, pre-election statements, supplemental pre-election statements, and late contribution/independent expenditure reports that include specified campaign finance information.
Defines "late contribution" as either of the following:
A contribution, including a loan, that totals $1,000 or more in the aggregate and that is made to or received by a candidate, controlled committee, or committee primarily formed or existing primarily to support or oppose a candidate or measure within 90 days before the date of the election at which candidate or measure is to be voted on; or,
A contribution, including a loan, that totals $1,000 or more in the aggregate and that is made to or received by a political party committee within 90 days before a state election.
Defines "late independent expenditure" as an independent expenditure that totals $1,000 or more in the aggregate and that is made for or against a specific candidate or measure involved in an election within 90 days before the date of the election.
Requires a "late contribution" or a "late independent expenditure," as defined, to be publicly reported within 24 hours of the time that it is made or received, as specified.
FISCAL EFFECT: Unknown. State-mandated local program; contains a crimes and infractions disclaimer.
COMMENTS:
Purpose of the Bill: According to the author:
I have long believed in the purposes of California’s Political Reform Act and its goal of enabling a knowledgeable electorate. This includes helping voters become fully informed as they make decisions that will impact the governance of this state. For this reason, it is essential that there is a fair, efficient, and effective means of holding entities involved with campaigns accountable for violations of the law. AB 594 would streamline some of the campaign finance rules in the Political Reform Act to reduce redundancy and improve accountability. Overall, the bill would make small, but meaningful reforms to the Political Reform Act, while maintaining the highest ethical standards.
Periodic and Activity Based Reports: Under the PRA, there are two general types of reporting requirements. The first type of report is commonly referred to as a periodic report. Periodic reports must be filed according to a specified time schedule for all similarly-situated candidates and committees, regardless of the amount of campaign activity during the period of time covered by the report. These reports generally include all campaign activity (contributions, loans, expenditures, etc.) that occurred over a specified period of time. Semi-annual reports and preelection reports are two examples of periodic reports that are required under the PRA.
The second type of report that the PRA requires is an activity-based report. An activity-based report is triggered when a candidate or committee has campaign activity that meets or exceeds a specific dollar threshold. Late contribution reports and late independent expenditure reports are examples of activity-based reports.
This bill seeks to eliminate two types of special activity-based reports in an effort to streamline the campaign reporting process. The reports that would be eliminated are supplemental preelection statements and supplemental independent expenditure reports. Due to modifications made to campaign limits and disclosure requirements after these reporting requirements were established, these special activity-based reporting requirements no longer serve their original purposes.Supplemental Preelection Statements: Existing law requires a recipient committee to file a supplemental preelection statement if it makes contributions of $10,000 or more in connection with an election for which the committee otherwise would not be required to file preelection statements. This reporting requirement, which was created in 1985, was designed to ensure that a committee that is making significant contributions in an election is required to disclose its donors prior to the election. For example, if an individual made a $50,000 contribution to a state general purpose committee a month before a legislative special election, and the state general purpose committee then used those funds to make a $50,000 contribution to a candidate who was running in that special election, the supplemental preelection statement ensured that the state general purpose committee was required to disclose the $50,000 contribution it received from the individual prior to the special election.
At the time the supplemental preelection statement requirements were put into law, there were no contribution limits for elections for state office. As a result, the requirement to file supplemental preelection statements was an important tool to ensure that the true source of significant campaign contributions to candidates was disclosed prior to the election. Since that time, however, Proposition 34 of 2000 imposed contribution limits for elections for state office, and many local jurisdictions have enacted local contribution limits. As a result, it has become relatively uncommon for committees to meet the $10,000 threshold that requires filing a supplemental preelection statement.Supplemental Independent Expenditure Reports: Existing law requires a candidate or committee that makes independent expenditures of $1,000 or more in a calendar year in connection with an election to file a supplemental independent expenditure report at the same times and in the same places as the committee would be required to file campaign statements if it were primarily formed to support or oppose the candidate or measure that it supported or opposed with the independent expenditure. This reporting requirement, which was created in 1985, was designed to ensure that a committee that is making significant independent expenditures in an election is required to disclose its donors prior to the election.
Since the requirement for supplemental independent expenditure reports was enacted into law, however, disclosure laws have been amended to require similar information to be reported within 24 hours whenever a committee makes independent expenditures of $1,000 or more in the last 90 days before an election. Since it is rare for independent expenditures to be made more than 90 days before the election, supplemental independent expenditure reports largely have become duplicative of other reports that are filed in a timelier manner.
Preelection Reporting Changes: Existing law requires specified elected officials, candidates, and committees to file two preelection campaign disclosure statements prior to elections in which those entities are participating. The preelection statements ensure that significant campaign contributions and expenditures are disclosed prior to the election. This bill makes minor changes to the timing of such preelection statements and to the entities that are required to file preelection statements. (This bill does not affect preelection reporting requirements in connection with elections for the boards of the Public Employees Retirement System and the Teachers' Retirement Board.)
Date Changes: Under existing law, preelection reports are filed on a slightly different timeline for elections held on the first Tuesday after the first Monday in June or November of even-numbered years than for elections held at other times. The deadline for the first preelection report for an election held on the first Tuesday after the first Monday in June is always March 22, and the report is required to cover campaign activity through March 17. For elections held on the first Tuesday after the first Monday in November, the deadline for the first preelection report is always October 5, covering all activity through September 30. For elections held at other times, the deadline for the first preelection report is the 40th day before the election, covering all activity through the 45th day before the election. (The second preelection report is always due on the 12th day before the election, covering all activity through the 17th day before the election, regardless of when the election is held.)
This bill standardizes the schedule for filing preelection reports so that the first preelection report is always due by the 40th day before the election, covering all activity through the 45th day before the election, regardless of when the election is held. As a result, the first preelection report for elections on the first Tuesday after the first Monday in June of even-numbered years will be due between April 23-29 (depending on the exact date of the election) instead of on March 22, and the first preelection report for elections on the first Tuesday after the first Monday in November of even-numbered years will be due between September 23-29 (depending on the exact date of the election), instead of on September 30.City General Purpose Committees: This bill eliminates the requirement for city general purpose committees to file preelection reports in connection with an election if the committees are not recipient committees (that is, if they do not receive contributions of $1,000 or more).
Generally, state and county general purpose committees are required to file preelection reports only if they are recipient committees. The preelection report is intended to ensure that a committee must report the donations that it receives prior to an election, if the committee is making contributions or independent expenditures in connection with that election. State and county general purpose committees that are not recipient committees—that is, committees that make independent expenditures or contributions, but that do not receive contributions—are not required to file preelection reports. Those committees’ preelection activities typically will be disclosed on other reports (including through late independent expenditure reports and late contribution reports). This bill extends the same policy to city general purpose committees.
Previous Legislation: SB 1442 (Lara) of 2014 would have required most state candidates and campaign committees to file quarterly campaign reports, instead of semi-annual campaign reports, would have eliminated requirements for committees to file certain activity-based reports (including supplemental preelection statements and supplemental independent expenditure reports), and would have required the development of a new Internet-based campaign finance reporting and disclosure system. SB 1442 was vetoed by Governor Brown, who stated in his veto message that it would be premature to adjust the campaign reporting schedules until a new campaign finance disclosure system was in place, and who argued that the Secretary of State's office should complete two existing information technology projects before beginning to replace the existing campaign finance disclosure system.
Political Reform Act of 1974: California voters passed an initiative, Proposition 9, in 1974 that created the FPPC and codified significant restrictions and prohibitions on candidates, officeholders and lobbyists. That initiative is commonly known as the PRA. Amendments to the PRA that are not submitted to the voters, such as those contained in this bill, must further the purposes of the initiative and require a two-thirds vote of both houses of the Legislature.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file.
Opposition
None on file.
Analysis Prepared by: Ethan Jones / E. & R. / (916) 319-2094
Discussed in Hearing
39SEC
Assembly Floor
3MIN
Senate Floor
1MIN
Assembly Floor
2MIN
Assembly Standing Committee on Appropriations
Bill Author
Bill Co-Author(s):