AB 834: Political Reform Act of 1974: advertisements.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-03-26
Existing law, the Political Reform Act of 1974, provides for the comprehensive regulation of campaign conduct, including requiring certain disclosures in advertisements made for campaign purposes. Existing law also prohibits an incumbent from sending a newsletter or other mass mailing at public expense.
This bill would define a public advertisement as an advertisement that is paid for from the funds of a state or local public entity. This bill would prohibit a person or entity from disseminating, broadcasting, or otherwise publishing a public advertisement, as defined, within 90 days of an election if the advertisement features, as defined, a candidate who will appear on the ballot at that election.
Existing law makes a willful violation of the Political Reform Act of 1974 a misdemeanor and subject offenders to criminal penalties.
The bill would impose a state-mandated local program by creating additional crimes.
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 provides that a payment made at the behest of a candidate is a contribution to that candidate, unless full and adequate consideration is received from the candidate or it is clear from the surrounding circumstances that the payment was made for purposes unrelated to his or her candidacy for elective office.
This bill would make a nonsubstantive change to that payment provision.
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 provides that a payment made at the behest of a candidate is a contribution to that candidate, unless full and adequate consideration is received from the candidate or it is clear from the surrounding circumstances that the payment was made for purposes unrelated to his or her candidacy for elective office.
This bill would make a nonsubstantive change to that payment provision.
(a)For purposes of this section, the following terms have the following meanings:
(1) Public advertisement means an advertisement, including a broadcast, billboard, or newspaper advertisement, that is paid for from the funds of a state or local public entity.
(2)Featuring a candidate means containing the voice or image of, or a statement attributable to, a candidate.
(b)A person or entity shall not disseminate, broadcast, or otherwise publish a public advertisement featuring a candidate for elective office within 90 days before the date of the election at which the candidate will appear on the ballot.
SEC. 2.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. 3.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.
SECTION 1.Section 82015 of the Government Code is amended to read:82015.(a)Contribution means a payment, a forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment except to the extent that full and adequate consideration is received, unless it is clear from the surrounding circumstances that it is not made for political purposes.
(b)(1)A payment made at the behest of a committee, as defined in subdivision (a) of Section 82013, is a contribution to the committee unless full and adequate consideration is received from the committee for making the payment.
(2)A payment made at the behest of a candidate is a contribution to that candidate, unless the criteria in either subparagraph (A) or (B) are satisfied:
(A)Full and adequate consideration is received from the candidate.
(B)It is clear from the surrounding circumstances that the payment was made for purposes unrelated to his or her candidacy for elective office. The following types of payments are presumed to be for purposes unrelated to a candidates candidacy for elective office:
(i)A payment made principally for personal purposes, in which case it may be considered a gift under the provisions of Section 82028. Payments that are otherwise subject to the limits of Section 86203 are presumed to be principally for personal purposes.
(ii)A payment made by a state, local, or federal governmental agency or by a nonprofit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code.
(iii)A payment not covered by clause (i), made principally for legislative, governmental, or charitable purposes, in which case it is neither a gift nor a contribution. However, payments of this type that are made at the behest of a candidate who is an elected officer shall be reported within 30 days following the date on which the payment or payments equal or exceed five thousand dollars ($5,000) in the aggregate from the same source in the same calendar year in which they are made. The report shall be filed by the elected officer with the elected officers agency and shall be a public record subject to inspection and copying pursuant to subdivision (a) of Section 81008. The report shall contain the following information: name of payor, address of payor, amount of the payment, date or dates the payment or payments were made, the name and address of the payee, a brief description of the goods or services provided or purchased, if any, and a description of the specific purpose or event for which the payment or payments were made. Once the five-thousand-dollar ($5,000) aggregate threshold from a single source has been reached for a calendar year, all payments for the calendar year made by that source shall be disclosed within 30 days after the date the threshold was reached or the payment was made, whichever occurs later. Within 30 days after receipt of the report, state agencies shall forward a copy of these reports to the Commission, and local agencies shall forward a copy of these reports to the officer with whom elected officers of that agency file their campaign statements.
(C)For purposes of subparagraph (B), a payment is made for purposes related to a candidates candidacy for elective office if all or a portion of the payment is used for election-related activities. For purposes of this subparagraph, election-related activities shall include, but are not limited to, the following:
(i)Communications that contain express advocacy of the nomination or election of the candidate or the defeat of his or her opponent.
(ii)Communications that contain reference to the candidates candidacy for elective office, the candidates election campaign, or the candidates or his or her opponents qualifications for elective office.
(iii)Solicitation of contributions to the candidate or to third persons for use in support of the candidate or in opposition to his or her opponent.
(iv)Arranging, coordinating, developing, writing, distributing, preparing, or planning of any communication or activity described in clause (i), (ii), or (iii).
(v)Recruiting or coordinating campaign activities of campaign volunteers on behalf of the candidate.
(vi)Preparing campaign budgets.
(vii)Preparing campaign finance disclosure statements.
(viii)Communications directed to voters or potential voters as part of activities encouraging or assisting persons to vote if the communication contains express advocacy of the nomination or election of the candidate or the defeat of his or her opponent.
(D)A contribution made at the behest of a candidate for a different candidate or to a committee not controlled by the behesting candidate is not a contribution to the behesting candidate.
(3)A payment made at the behest of a member of the Public Utilities Commission, made principally for legislative, governmental, or charitable purposes, is not a contribution. However, payments of this type shall be reported within 30 days following the date on which the payment or payments equal or exceed five thousand dollars ($5,000) in the aggregate from the same source in the same calendar year in which they are made. The report shall be filed by the member with the Public Utilities Commission and shall be a public record subject to inspection and copying pursuant to subdivision (a) of Section 81008. The report shall contain the following information: name of payor, address of payor, amount of the payment, date or dates the payment or payments were made, the name and address of the payee, a brief description of the goods or services provided or purchased, if any, and a description of the specific purpose or event for which the payment or payments were made. Once the five-thousand-dollar ($5,000) aggregate threshold from a single source has been reached for a calendar year, all payments for the calendar year made by that source shall be disclosed within 30 days after the date the threshold was reached or the payment was made, whichever occurs later. Within 30 days after receipt of the report, the Public Utilities Commission shall forward a copy of these reports to the Fair Political Practices Commission.
(c)Contribution includes the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events; the candidates own money or property used on behalf of his or her candidacy, other than personal funds of the candidate used to pay either a filing fee for a declaration of candidacy or a candidate statement prepared pursuant to Section 13307 of the Elections Code; the granting of discounts or rebates not extended to the public generally or the granting of discounts or rebates by television and radio stations and newspapers not extended on an equal basis to all candidates for the same office; the payment of compensation by any person for the personal services or expenses of any other person if the services are rendered or expenses incurred on behalf of a candidate or committee without payment of full and adequate consideration.
(d)Contribution further includes any transfer of anything of value received by a committee from another committee, unless full and adequate consideration is received.
(e)Contribution does not include amounts received pursuant to an enforceable promise to the extent those amounts have been previously reported as a contribution. However, the fact that those amounts have been received shall be indicated in the appropriate campaign statement.
(f)(1)Except as provided in paragraph (2) or (3), contribution does not include a payment made by an occupant of a home or office for costs related to any meeting or fundraising event held in the occupants home or office if the costs for the meeting or fundraising event are five hundred dollars ($500) or less.
(2)Contribution includes a payment made by a lobbyist or a cohabitant of a lobbyist for costs related to a fundraising event held at the home of the lobbyist, including the value of the use of the home as a fundraising event venue. A payment described in this paragraph shall be attributable to the lobbyist for purposes of Section 85702.
(3)Contribution includes a payment made by a lobbying firm for costs related to a fundraising event held at the office of the lobbying firm, including the value of the use of the office as a fundraising event venue.
(g)Notwithstanding the foregoing definition of contribution, the term does not include volunteer personal services or payments made by any individual for his or her own travel expenses if the payments are made voluntarily without any understanding or agreement that they shall be, directly or indirectly, repaid to him or her.
(h)Contribution further includes the payment of public moneys by a state or local governmental agency for a communication to the public that satisfies both of the following:
(1)The communication expressly advocates the election or defeat of a clearly identified candidate or the qualification, passage, or defeat of a clearly identified measure, or, taken as a whole and in context, unambiguously urges a particular result in an election.
(2)The communication is made at the behest of the affected candidate or committee.
(i)Contribution further includes a payment made by a person to a multipurpose organization as defined and described in Section 84222.
(a)Contribution means a payment, a forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment except to the extent that full and adequate consideration is received, unless it is clear from the surrounding circumstances that it is not made for political purposes.
(b)(1)A payment made at the behest of a committee, as defined in subdivision (a) of Section 82013, is a contribution to the committee unless full and adequate consideration is received from the committee for making the payment.
(2)A payment made at the behest of a candidate is a contribution to the candidate that candidate, unless the criteria in either subparagraph (A) or (B) are satisfied:
(A)Full and adequate consideration is received from the candidate.
(B)It is clear from the surrounding circumstances that the payment was made for purposes unrelated to his or her candidacy for elective office. The following types of payments are presumed to be for purposes unrelated to a candidates candidacy for elective office:
(i)A payment made principally for personal purposes, in which case it may be considered a gift under the provisions of Section 82028. Payments that are otherwise subject to the limits of Section 86203 are presumed to be principally for personal purposes.
(ii)A payment made by a state, local, or federal governmental agency or by a nonprofit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code.
(iii)A payment not covered by clause (i), made principally for legislative, governmental, or charitable purposes, in which case it is neither a gift nor a contribution. However, payments of this type that are made at the behest of a candidate who is an elected officer shall be reported within 30 days following the date on which the payment or payments equal or exceed five thousand dollars ($5,000) in the aggregate from the same source in the same calendar year in which they are made. The report shall be filed by the elected officer with the elected officers agency and shall be a public record subject to inspection and copying pursuant to subdivision (a) of Section 81008. The report shall contain the following information: name of payor, address of payor, amount of the payment, date or dates the payment or payments were made, the name and address of the payee, a brief description of the goods or services provided or purchased, if any, and a description of the specific purpose or event for which the payment or payments were made. Once the five-thousand-dollar ($5,000) aggregate threshold from a single source has been reached for a calendar year, all payments for the calendar year made by that source shall be disclosed within 30 days after the date the threshold was reached or the payment was made, whichever occurs later. Within 30 days after receipt of the report, state agencies shall forward a copy of these reports to the Commission, and local agencies shall forward a copy of these reports to the officer with whom elected officers of that agency file their campaign statements.
(C)For purposes of subparagraph (B), a payment is made for purposes related to a candidates candidacy for elective office if all or a portion of the payment is used for election-related activities. For purposes of this subparagraph, election-related activities shall include, but are not limited to, the following:
(i)Communications that contain express advocacy of the nomination or election of the candidate or the defeat of his or her opponent.
(ii)Communications that contain reference to the candidates candidacy for elective office, the candidates election campaign, or the candidates or his or her opponents qualifications for elective office.
(iii)Solicitation of contributions to the candidate or to third persons for use in support of the candidate or in opposition to his or her opponent.
(iv)Arranging, coordinating, developing, writing, distributing, preparing, or planning of any communication or activity described in clause (i), (ii), or (iii).
(v)Recruiting or coordinating campaign activities of campaign volunteers on behalf of the candidate.
(vi)Preparing campaign budgets.
(vii)Preparing campaign finance disclosure statements.
(viii)Communications directed to voters or potential voters as part of activities encouraging or assisting persons to vote if the communication contains express advocacy of the nomination or election of the candidate or the defeat of his or her opponent.
(D)A contribution made at the behest of a candidate for a different candidate or to a committee not controlled by the behesting candidate is not a contribution to the behesting candidate.
(3)A payment made at the behest of a member of the Public Utilities Commission, made principally for legislative, governmental, or charitable purposes, is not a contribution. However, payments of this type shall be reported within 30 days following the date on which the payment or payments equal or exceed five thousand dollars ($5,000) in the aggregate from the same source in the same calendar year in which they are made. The report shall be filed by the member with the Public Utilities Commission and shall be a public record subject to inspection and copying pursuant to subdivision (a) of Section 81008. The report shall contain the following information: name of payor, address of payor, amount of the payment, date or dates the payment or payments were made, the name and address of the payee, a brief description of the goods or services provided or purchased, if any, and a description of the specific purpose or event for which the payment or payments were made. Once the five-thousand-dollar ($5,000) aggregate threshold from a single source has been reached for a calendar year, all payments for the calendar year made by that source shall be disclosed within 30 days after the date the threshold was reached or the payment was made, whichever occurs later. Within 30 days after receipt of the report, the Public Utilities Commission shall forward a copy of these reports to the Fair Political Practices Commission.
(c)Contribution includes the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events; the candidates own money or property used on behalf of his or her candidacy, other than personal funds of the candidate used to pay either a filing fee for a declaration of candidacy or a candidate statement prepared pursuant to Section 13307 of the Elections Code; the granting of discounts or rebates not extended to the public generally or the granting of discounts or rebates by television and radio stations and newspapers not extended on an equal basis to all candidates for the same office; the payment of compensation by any person for the personal services or expenses of any other person if the services are rendered or expenses incurred on behalf of a candidate or committee without payment of full and adequate consideration.
(d)Contribution further includes any transfer of anything of value received by a committee from another committee, unless full and adequate consideration is received.
(e)Contribution does not include amounts received pursuant to an enforceable promise to the extent those amounts have been previously reported as a contribution. However, the fact that those amounts have been received shall be indicated in the appropriate campaign statement.
(f)(1)Except as provided in paragraph (2) or (3), contribution does not include a payment made by an occupant of a home or office for costs related to any meeting or fundraising event held in the occupants home or office if the costs for the meeting or fundraising event are five hundred dollars ($500) or less.
(2)Contribution includes a payment made by a lobbyist or a cohabitant of a lobbyist for costs related to a fundraising event held at the home of the lobbyist, including the value of the use of the home as a fundraising event venue. A payment described in this paragraph shall be attributable to the lobbyist for purposes of Section 85702.
(3)Contribution includes a payment made by a lobbying firm for costs related to a fundraising event held at the office of the lobbying firm, including the value of the use of the office as a fundraising event venue.
(g)Notwithstanding the foregoing definition of contribution, the term does not include volunteer personal services or payments made by any individual for his or her own travel expenses if the payments are made voluntarily without any understanding or agreement that they shall be, directly or indirectly, repaid to him or her.
(h)Contribution further includes the payment of public moneys by a state or local governmental agency for a communication to the public that satisfies both of the following:
(1)The communication expressly advocates the election or defeat of a clearly identified candidate or the qualification, passage, or defeat of a clearly identified measure, or, taken as a whole and in context, unambiguously urges a particular result in an election.
(2)The communication is made at the behest of the affected candidate or committee.
(i)Contribution further includes a payment made by a person to a multipurpose organization as defined and described in Section 84222.
|
Date
|
Status
|
|---|---|
| Feb 26, 2015 | Read first time. To print. |
| Feb 27, 2015 | From printer. May be heard in committee March 29. |
| Mar 26, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on E. & R. Read second time and amended. |
| Mar 26, 2015 | Referred to Com. on E. & R. |
| Apr 6, 2015 | Re-referred to Com. on E. & R. |
| Apr 29, 2015 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jan 31, 2016 | Died pursuant to Article IV, Sec. 10(c) of the Constitution. |
| Feb 1, 2016 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
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AB 834
Page 5
Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Sebastian Ridley-Thomas, Chair
AB 834
(Salas) – As Amended March 26, 2015
SUBJECT: Political Reform Act of 1974: advertisements.
SUMMARY: Prohibits public agencies from paying for advertisements that feature candidates for office in the last 90 days before an election. Specifically, this bill:
Prohibits a person or entity from disseminating, broadcasting, or otherwise publishing a public advertisement featuring a candidate for elective office within 90 days before the date of the election at which the candidate will appear on the ballot.
Defines "public advertisement," for the purposes of this bill, as an advertisement, including a broadcast, billboard, or newspaper advertisement, that is paid for from the funds of a state or local public agency.
Defines "featuring a candidate," for the purposes of this bill, as containing the voice or image of, or a statement attributable to, a candidate.
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).
Prohibits a public officer from expending, and prohibits a candidate from accepting, any public moneys for the purpose of seeking elective office.
Makes it unlawful for an elected state or local officer, appointee, employee, or consultant to use, or permit others to use, public resources for a campaign activity.
Provides that any officer of the state, or of any county, city, town or district of the state, and every other person charged with the receipt, safekeeping, transfer, or disbursement of public moneys who uses such funds for personal use is guilty of a felony, punishable by imprisonment in the state prison for two, three, or four years, and is disqualified from holding any office in the state.
Prohibits a newsletter or other mass mailing from being sent at public expense. Defines "mass mailing," for these purposes, as over two hundred substantially similar pieces of mail, not including a form letter or other mail which is sent in response to an unsolicited request, letter or other inquiry.
FISCAL EFFECT: Unknown. State-mandated local program; contains a crimes and infractions disclaimer.
COMMENTS:
Purpose of the Bill: According to the author:
In California, a government entity can pay for advertisements such as billboards, public service announcements, and commercials that feature a candidate for elective office. While this activity is not considered to be a contribution by the Fair Political Practices Commission (FPPC), the public funds that are used support candidates for public office during elections.
A central purpose of the Political Reform Act, which established the FPPC, is to provide the voters and public with meaningful disclosure of state and local campaign contributions and expenditures, state lobbying activity, and the economic interests of state and local candidates and designated public officials.
The California State Senate Rules Committee, which publishes mass mailings for all state Senators, has established a 90-day mass-mailing prohibition to those Senators whose names appear on any ballot. This policy is designed to prevent content that has the effect of enhancing the public image of Senators during an election.
At least nine states prohibit the use of public funds for public service announcements and other communications that feature candidates for public office, including elected officials running for re-election or election to a different office.
Assembly Bill 834 would establish a black out period, aligning with the California Senate mailing prohibition, which prohibits the use of advertisements that feature a candidate and is paid for by state or local entities, in the final 90 days of an election in which the candidate will appear on the ballot.
Existing Prohibitions Against the Use of Public Funds for Campaign Purposes: As detailed above, California law already contains a number of provisions that prohibit public funds from being used for campaign purposes. The types of payments that are prohibited by those laws vary, however, as do the standards that apply for determining whether a particular payment violates the law.
Nonetheless, these prohibitions typically apply only to payments that constitute "express advocacy" for or against a candidate or ballot measure, or that otherwise refer to an elective office or campaign or solicit contributions. In situations where public funds are used for an otherwise permissible public purpose, however, state law does not prohibit such payments simply because the payment may have the effect of benefitting a candidate for elective office. For example, a cable television program produced by a city and hosted by the mayor of that city would not necessarily violate any of the existing prohibitions against the use of public funds for campaign purposes if the program was not used to expressly advocate the election of any candidate, even though the program may benefit the mayor's reelection campaign by raising the profile of the mayor.San Joaquin Valley Air Pollution Control District: As background information in support of the need for this bill, the author provided correspondence between the San Joaquin Valley Air Pollution Control District (District) and the FPPC from 2010 in which the District sought guidance on whether any provision of the PRA would limit the ability of the District to produce and conduct public education and outreach campaigns through public service announcements (PSAs) that featured members of the District's board. In its letter to the FPPC, the district indicated that some of the District's elected board members could be involved in a reelection campaign at the time the PSAs were broadcast or displayed.
In its response to the district, the FPPC concluded that since the PSAs would not contain express advocacy, would not refer to elective office, and would not solicit contributions, the payments made to create the PSAs would not be a contribution to the District's board members. Additionally, the FPPC concluded that the PSAs would not be considered "behested payments" under the PRA, and thus that those payments would not need to be reported by the board members appearing in the PSAs. The FPPC's response did not opine on whether the expenditure of public funds for the PSAs would violate any legal restriction on the use of public funds for campaign purposes that is not contained in the PRA.Limiting Communications Between Governmental Agencies and the Public: Notwithstanding the author's concern that existing law may permit the payment of public funds for advertisements that can indirectly benefit public officials' campaigns, any limitation on the type or timing of communications between governmental agencies and the public has the potential to limit the ability of agencies to serve the public. For instance, many local agencies regularly produce public affairs programs that air on local cable stations to provide the public with information about the agencies' activities and services, and the policies that they are considering. If these programs are considered broadcast advertisements under the provisions of this bill, they could be restricted considerably, which could limit the public's access to information about the activities of governmental agencies.
Additionally, notwithstanding the author's concern that PSAs could be used to benefit the image of public officials who are running for reelection, it may also be the case that the involvement of public officials in PSAs can make certain messages more effective. A PSA dealing with drunk driving, for example, may be more effective if it features the county sheriff. Similarly, during a state of emergency, public officials can be effective as trusted messengers to help communicate essential information to the public.
As detailed above, state law already contains numerous protections against the use of public funds for campaign purposes. In determining whether further restrictions on the use of public funds are warranted when those funds are used for advertisements featuring public officials, the committee may wish to balance any potential for abuse against the potential that such restrictions may limit the effectiveness of governmental communications with the public.Technical and Logistical Issues: As currently drafted, this bill prohibits advertisements from being distributed if those advertisements were produced using public funds, even if public funds are not being used to pay for the broadcast or dissemination of the advertisement.
For example, a city might choose to use public funds to produce a PSA in which the mayor of the city encourages water conservation in light of the state's ongoing drought. The city might further decide not to use public funds to broadcast that PSA, but instead to make it available to local television stations that are willing to broadcast the PSA for free. However, if a television station chose to air that PSA in the last 90 days before an election at which that mayor was appearing on the ballot as a candidate, that station would have violated the provisions of this bill.
Additionally, because the conduct prohibited by this bill is the dissemination of certain advertisements, and not the use of public funds to produce or disseminate those advertisements, individuals and entities could face liability under this bill even if they were not involved in the decision to use public funds for the advertisement. For instance, under a strict reading of this bill, a newspaper could be found to violate this bill if it ran an advertisement that was produced by a governmental entity, even where the governmental entity paid for that advertisement to appear in the newspaper.
Because the author's intent with this bill seems to be preventing governmental agencies from using public funds to promote agency officials in the days leading up to an election, it may be appropriate to amend this bill to better reflect the author's intent and to avoid the technical and logistical issues outlined above. In light of that fact, if it is the committee's desire to approve this bill, the author and the committee may wish to consider amendments that would replace the text of this bill with the following language:
SECTION 1. Section 89002 is added to the Government Code, to read:
89002. No state or local governmental agency shall make a payment or otherwise use agency resources for the purpose of publicly disseminating a communication by television, radio, billboard, or newspaper that clearly identifies a candidate for elective office within 90 days before the date of an election, or on the date of the election, at which the candidate will appear on the ballot. The commission shall promulgate regulations that permit exceptions to this prohibition when necessary to the efficient operation of the agency or responsive to an emergency or other critical issue within the agency’s jurisdiction.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
Bill Author
Bill Co-Author(s):