(1)Existing law requires candidates to submit specified filings to declare their intent to run for elective office. Existing law, the Political Reform Act of 1974, additionally requires candidates for elective office to make various disclosures relating to a campaign for elective office.

This bill would require, beginning on the January 1 after the Secretary of State certifies a CAL-ACCESS Replacement, a candidate for elective office to file, when the candidate files a declaration of candidacy, a form to disclose the candidates prior education and work history, and history of military service, if any. The filing would contain a statement, signed under penalty of perjury, that the information contained in the form is accurate to the best of the candidates knowledge.

The bill would require the Fair Political Practices Commission to create a form for this purpose. The bill would require the Secretary of State to post on its internet website a copy of completed forms submitted by candidates, making such forms available to the public for 4 years from the date of the election associated with the filing.

The bill would establish penalties and enforcement procedures for these requirements, as specified. The bill would state that it is the intent of the Legislature that a violation of these provisions be considered grounds for disqualification from elective office, and that a governing body with the power to remove an elected officer from an office may consider violation of this chapter as grounds for such removal.

(2)The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

(3)A violation of the Political Reform Act of 1974 is punishable as a misdemeanor, and reports and statements filed under the act are required to be signed under the penalty of perjury. By expanding the scope of existing crimes, 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.

(4)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 of the Legislature and compliance with specified procedural requirements.

This bill would declare that it furthers the purposes of the act.

(1)Existing law requires candidates to submit specified filings to declare their intent to run for elective office. Existing law, the Political Reform Act of 1974, additionally requires candidates for elective office to make various disclosures relating to a campaign for elective office.

This bill would require, beginning on the January 1 after the Secretary of State certifies a CAL-ACCESS Replacement, a candidate for elective office to file, when the candidate files a declaration of candidacy, a form to disclose the candidates prior education and work history, and history of military service, if any. The filing would contain a statement, signed under penalty of perjury, that the information contained in the form is accurate to the best of the candidates knowledge.

The bill would require the Secretary of State Fair Political Practices Commission to create a form for this purpose and purpose. The bill would require the Secretary of State to post on its internet website a copy of completed forms submitted by candidates, making such forms available to the public for four 4 years from the date of the election associated with the filing.

The bill would establish penalties and enforcement procedures for these requirements, as specified. The bill would state that it is the intent of the Legislature that a violation of these provisions be considered grounds for disqualification from elective office, and that a governing body with the power to remove an elected officer from an office may consider violation of this chapter as grounds for such removal.

(2)The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

(3)A violation of the Political Reform Act of 1974 is punishable as a misdemeanor, and reports and statements filed under the act are required to be signed under the penalty of perjury. By expanding the scope of existing crimes, 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.

(4)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 of the Legislature and compliance with specified procedural requirements.

This bill would declare that it furthers the purposes of the act.

(1)Existing law requires candidates to submit specified filings to declare their intent to run for elective office. Existing law, the Political Reform Act of 1974, additionally requires candidates for elective office to make various disclosures relating to a campaign for elective office.

This bill would require, on or after April 1, 2024, beginning on the January 1 after the Secretary of State certifies a CAL-ACCESS Replacement, a candidate for elective office to file, when the candidate files a declaration of candidacy, a form to disclose the candidates prior education and work history, and history of military service, if any. The filing would contain a statement, signed under penalty of perjury, that the information contained in the form is accurate to the best of the candidates knowledge.

The bill would require the Secretary of State to create a form for this purpose on or before April 1, 2024, and to post on its internet website a copy of completed forms submitted by candidates, making such forms available to the public for four years from the date of the election associated with the filing.

The bill would establish penalties and enforcement procedures for these requirements, as specified. The bill would state that it is the intent of the Legislature that a violation of these provisions be considered grounds for disqualification from elective office, and that a governing body with the power to remove an elected officer from an office may consider violation of this chapter as grounds for such removal.

(2)The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

(3)A violation of the Political Reform Act of 1974 is punishable as a misdemeanor, and reports and statements filed under the act are required to be signed under the penalty of perjury. By expanding the scope of existing crimes, 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.

(4)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 of the Legislature and compliance with specified procedural requirements.

This bill would declare that it furthers the purposes of the act.

(1)Existing law requires candidates to submit specified filings to declare their intent to run for elective office. Existing law, the Political Reform Act of 1974, additionally requires candidates for elective office to make various disclosures relating to a campaign for elective office.

This bill would require, on or after April 1, 2024, a candidate for elective office to file with the Secretary of State, no later than the final filing date of file, when the candidate files a declaration of candidacy, a form to disclose the candidates prior education and work history, and history of military service, if any. The filing would contain a statement, signed under penalty of perjury, that the information contained in the form is accurate to the best of the candidates knowledge.

The bill would require the Secretary of State to create a form for this purpose on or before April 1, 2024, and to post on its internet website a copy of completed forms submitted by candidates, making such forms available to the public for four years from the date of the election associated with the filing.

The bill would establish penalties and enforcement procedures for these requirements, as specified. The bill would state that it is the intent of the Legislature that a violation of these provisions be considered grounds for disqualification from elective office, and that a governing body with the power to remove an elected officer from an office may consider violation of this chapter as grounds for such removal.

(2)The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

(3)A violation of the Political Reform Act of 1974 is punishable as a misdemeanor, and reports and statements filed under the act are required to be signed under the penalty of perjury. By expanding the scope of existing crimes, 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.

(4)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 of the Legislature and compliance with specified procedural requirements.

This bill would declare that it furthers the purposes of the act.

(1)Existing law requires candidates to submit specified filings to declare their intent to run for elective office. Existing law, the Political Reform Act of 1974, additionally requires candidates for elective office to make various disclosures relating to a campaign for elective office.

This bill would require, on or after April 1, 2024, a candidate for elective office to file with the Secretary of State, no later than the final filing date of a declaration of candidacy, a form to disclose the candidates prior education and work history, and history of military service, if any. The filing would contain a statement, signed under penalty of perjury, that the information contained in the form is accurate to the best of the candidates knowledge.

The bill would require the Secretary of State to create a form for this purpose on or before April 1, 2024, and to post on its internet website a copy of completed forms submitted by candidates, making such forms available to the public for four years from the date of the election associated with the filing.

The bill would state that it is the intent of the Legislature that a violation of these provisions be considered grounds for disqualification from elective office, and that a governing body with the power to remove an elected officer from an office may consider violation of this chapter as grounds for such removal.

(2)The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

(3)A violation of the Political Reform Act of 1974 is punishable as a misdemeanor, and reports and statements filed under the act are required to be signed under the penalty of perjury. By expanding the scope of existing crimes, 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.

(4)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 of the Legislature and compliance with specified procedural requirements.

This bill would declare that it furthers the purposes of the act.

Date of Hearing: August 16, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

SBPCA Bill Id:SB 248

Author:(Newman) – As Amended Ver:June 13, 2023

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill requires, beginning on the January 1 after the Secretary of State (SOS) certifies a CAL-ACCESS Replacement System (CARS), a local or state candidate for elective office to file, as part of the existing statement of intention, a form disclosing the candidate’s prior education and work history.

Specifically, this bill:

1. Requires the Fair Political Practices Commission (FPPC) to create a candidate experience disclosure form detailing a candidate’s prior education and work history, including history of military service.
2. Requires a candidate to file the disclosure form with the SOS, along with a statement, signed under penalty of perjury, that the disclosed information is accurate to the best of the candidate’s knowledge.
3. Requires the SOS to post online copies of completed disclosure forms, which must be made available to the public for four years after the date of the election associated with the filing.
4. Establishes penalties for failures to file or timely file the disclosure form.
5. Provides that making a knowingly false disclosure is a violation of the Political Reform Act (PRA), which is punishable as a misdemeanor under existing law. This bill specifies the Attorney General (AG) is responsible for investigating and enforcing such violations by a candidate for statewide elective office, with the district attorney (DA) responsible for investigating and enforcing such violations by all other candidates in the DA’s jurisdiction.
6. Declares the intent of the Legislature that a disclosure form violation be considered grounds for disqualification from elective office.
7. Allows a governing body authorized to remove an elected official to investigate disclosure form violations and consider failure to file or making a false statement on the form grounds for the official’s removal.

FISCAL EFFECT:

1. Minor and absorbable costs to the FPPC to create the candidate disclosure form.
2. Costs of approximately $295,000 in the first year and $285,000 annually thereafter to the SOS for two additional positions to administer the candidate experience disclosure form filing requirement, including posting forms online (General Fund (GF)).

The SOS also anticipates increased CARS project costs to incorporate the new filing requirement. However, the SOS notes it is too early in the project timeline to estimate these downstream costs.

1. Costs of up to $435,000 in fiscal year (FY) 2023-24 and $777,000 ongoing beginning FY 2024-25 to the Department of Justice for three positions and a contract investigator to investigate and enforce disclosure form violations by statewide candidates.

Similarly, DAs and specified governing bodies will incur cost pressures to investigate and enforce violations by candidates within their jurisdictions.

COMMENTS:

1. Purpose. According to the author:

The ongoing drama around newly elected congressman and sociopathic prevaricator George Santos of New York should be a cautionary tale. As has been extensively covered by the press since his surprise triumph in the most recent round of midterm elections, over the course of his campaign Representative Santos lied about nearly every aspect of his personal and professional history.

With public trust in politics already at all-time lows, the DUPE Act will provide voters the assurance of appropriate and effective recourse, while allowing for the full exercise of candidates’ First Amendment rights, if and when it turns out that a candidate has achieved election by running on demonstrably falsified credentials.

This bill is supported by Indivisible CA 45.

1. Background.

PRA Disclosures. The PRA requires local and state elected officials, candidates, and committees to file pre-election statements and disclosures. For example, candidates must file a Candidate Statement of Intention (Form 501) for each election, prior to soliciting or receiving any contributions or making any expenditures. This bill requires the Form 501 to include, either as part of the existing statement or as an attachment, a candidate experience disclosure form requiring the candidate to disclose their prior education and work history.

Enforcement Considerations. Similar to the Form 501 and other PRA disclosures, the candidate experience disclosure form must be signed under penalty of perjury. Under the PRA, the FPPC has authority to seek injunctive relief to compel disclosure and violations are subject to administrative, civil, and criminal penalties. Although a violation of the PRA is already punishable as a misdemeanor, this bill specifically tasks the AG and DAs with investigating candidates in their jurisdictions who make a false experience disclosure. FPPC staff notes that such investigations would require tracking down and obtaining records from schools and employers, as well as determining the standard for whether a statement is true, false, or incomplete, a significantly different scope from the campaign finance or conflict of interest investigations the FPPC generally conducts. Thus, a false experience disclosure will most likely be subject to criminal enforcement over administrative enforcement.

This bill provides that late disclosures are subject to a late filing fee, with failure to file subject to enforcement by the FPPC. However, this bill does not specify when a disclosure is no longer deemed “late” and “failure to file” has occurred. Furthermore, this bill authorizes a governing body to consider failure to file or making a false statement on the candidate experience disclosure form grounds for an elected official’s removal, while declaring the intent of the Legislature to consider such violations grounds for disqualification from elective office. While PRA compliance is undoubtedly important, it may contradict the will of the voters to allow removal an elected official for failing to file a form.

Analysis Prepared by: Irene Ho / APPR. / (916) 319-2081

Date of Hearing: June 21, 2023

ASSEMBLY COMMITTEE ON ELECTIONS

Isaac G. Bryan, Chair

SBPCA Bill Id:SB 248

Author:(Newman) – As Amended Ver:June 13, 2023

SENATE VOTE: 33-6

SUBJECT: Political Reform Act of 1974: disclosures: candidate experience.

SUMMARY: Requires any candidate for elective office to submit a candidate experience disclosure form to disclose their prior education, work, and military service history, as specified. Specifically, this bill:

1. Requires a statement of intention filed by an individual who intends to be a candidate for an elective office to include the candidate experience disclosure form described in subdivision 2) below. Permits the Fair Political Practices Commission (FPPC), at its discretion, to require the candidate experience disclosure to be included as part of the statement of intention or as an attachment to that statement.
2. Requires the FPPC on or before the January 1 following the certification of the new online filing and disclosure system (also referred to as the Cal-Access Replacement Project or CARS), to create a candidate experience disclosure form for candidates for elective office to disclose their prior education and work history, and history of military service, if any.
   
3. Requires a candidate for elective office, commencing the January 1 following the certification of CARS, to file the candidate experience disclosure form with the Secretary of State (SOS) before the candidate solicits or receives any contribution or loan. Requires a candidate for elective office to file a statement signed under the penalty of perjury that the information contained in the candidate experience disclosure is accurate to the best of the candidate’s knowledge.
   
4. Requires the SOS to post on their internet website a copy of the completed candidate experience disclosure submitted by a candidate. Requires a completed candidate experience disclosure posted in accordance with this bill to be made available to the public for four years from the date of the election associated with the filing.
   
5. Provides that any candidate who states as true any matter in the candidate experience disclosure that the candidate knows to be false is guilty of a violation of the Political Reform Act (PRA). Provides, notwithstanding the otherwise applicable enforcement provisions of the PRA, that the Attorney General (AG) is responsible for investigating and enforcing violations of this bill by a candidate for statewide elective office, and the district attorney of the jurisdiction in which the candidate resides is responsible for investigating and enforcing violations of this bill by a candidate for any other elective office.
   
6. Provides that the failure to timely file the forms required by this bill shall be a separate violation. Provides that the exclusive penalty for a candidate who files after the deadline shall be the late filing fee provided in existing law. Requires a candidate who fails to file any candidate experience disclosure to be subject to any applicable penalty under the PRA.
   
7. Provides it is the intent of the Legislature that a violation of the provisions of this bill will be considered grounds for disqualification from elective office. Provides that in addition to enforcement by the AG, the governing body authorized to remove an elective officer from an elective office may investigate violations of this bill and, having determined that the officer failed to file the candidate experience disclosure or made a false statement on the candidate experience disclosure form as a candidate, may consider that violation as grounds for the officer’s removal.
   
8. Makes legislative findings that the integrity of candidates for elective office is a matter of statewide concern and is not a municipal affair, and therefore provides that the provisions of this bill apply to all cities, including charter cities.
   
9. Requires the provisions of this bill to become operative after the date the SOS certifies the new CARS online filing and disclosure system pursuant to existing law.

EXISTING LAW:

1. Creates the FPPC and makes it responsible for the impartial, effective administration and implementation of the PRA. (Government Code §§83100, 83111)
2. Requires an individual who intends to be a candidate for an elective state office, prior to the solicitation or receipt of any contribution or loan, to file with the SOS an original statement, signed under penalty of perjury, of intention to be a candidate for a specific office. Requires an individual who intends to be a candidate for any other elective office to file the statement of intention with the same filing officer and in the same location as the individual would file an original campaign statement in accordance with existing law. (Government Code §85200)
   
3. Defines the term “elective state office” to mean the office of Governor, Lieutenant Governor, Attorney General, Insurance Commissioner, Controller, SOS, Treasurer, Superintendent of Public Instruction, Member of the Legislature, member elected to the Board of Administration of the Public Employees’ Retirement System, member elected to the Teachers’ Retirement Board, and member of the State Board of Equalization. (Government Code §82024)
4. Requires the SOS, in consultation with the FPPC, to provide online and electronic filing processes for use by specified political committees, lobbyists, lobbying firms, and lobbyist employers pursuant to the PRA. This online reporting and disclosure system is commonly referred to as the Cal-Access system. (Government Code §84602(a)(1))
5. Requires the SOS, in consultation with the FPPC, to develop and certify a new online filing and disclosure system for public use that provides public disclosure of campaign finance and lobbying information in a user-friendly, easily understandable format, as specified. This system is commonly referred to as CARS. (Government Code §84602(b)(1))
6. Makes violations of the PRA subject to administrative, civil, and criminal penalties. (Government Code §§83116, 91000-91005.5)
7. Provides that any person who files an original statement or report after a deadline imposed by the PRA is liable in the amount of $10 per day after the deadline until the statement or report is filed, as specified, in addition to any other penalties or remedies established by the PRA. (Government Code §91013)
   

FISCAL EFFECT: According to the Senate Appropriations Committee:

• Costs to the FPPC would be minor and absorbable.
• The SOS would likely incur costs in the low hundreds of thousands of dollars annually (General Fund).
• Any costs to the Department of Justice have yet to be identified.

COMMENTS:

1. Purpose of the Bill: According to the author:

The ongoing drama around newly elected congressman and sociopathic prevaricator George Santos of New York should be a cautionary tale. As has been extensively covered by the press since his surprise triumph in the most recent round of midterm elections, over the course of his campaign Representative Santos lied about nearly every aspect of his personal and professional history.

With public trust in politics already at all-time lows, the DUPE Act will provide voters the assurance of appropriate and effective recourse, while allowing for the full exercise of candidates’ First Amendment rights, if and when it turns out that a candidate has achieved election by running on demonstrably falsified credentials.

1. Political Reform Act: In general, the PRA requires local and state elected officers, candidates, and committees to file pre-election statements under specified circumstances and requires candidates to submit specified filings to declare their intent to run for elective office and make various disclosures relating to a campaign for elective office. For instance, candidates must file a Candidate Statement of Intention (also known as Form 501) for each election, including re-election to the same office. This form is required to be filed before a candidate solicits or receives any contributions or before making an expenditures from personal funds for the candidacy. Generally, candidates for state elective office file with the SOS and candidates for local office file with their local county office. The Form 501 is signed under penalty of perjury by the candidate.

This bill adds another disclosure form and requires a candidate for elective office to submit a candidate experience disclosure form to disclose their prior education, work, and military service history, as specified.

1. Media Reports: Multiple media outlets have reported that US Representative for New York’s 3rd Congressional district George Santos is under several investigations and faces numerous allegations of criminal wrongdoing, including wire fraud, money laundering, theft of public funds, and making materially false statements to the House of Representatives, among others. According to the author, SB 248, also known as the Disqualifying Unscrupulous and Pathological Electeds (or DUPE) Act, seeks to provide voters assurance of appropriate and effective recourse if and when it turns out that a candidate running for elective office in California has achieved election by running on falsified credentials.
   
2. Other Jurisdictions: Preliminary research shows that at least one jurisdiction has enacted a law that is similar to the provisions of this bill. According to media articles, earlier this year the Westchester County Board of Legislators approved a new law that requires a candidate for County Legislator and County Executive to complete a candidate disclosure form that provides biographical information, including the candidate’s educational, military, and employment histories, requires the candidate to certify that the information contained in the form is true and correct, and requires the form to be open for public inspection. According to a press release from the Westchester County Board of Legislators, the inspiration for the legislation was born from the controversy surrounding US Congressman George Santos, who is under ethical review after revealing he misrepresented his educational and professional background.
   
3. Enforcement: As detailed above, violations of the PRA generally are subject to administrative, civil, and criminal penalties. Additionally, the PRA gives the FPPC the authority to seek injunctive relief to compel disclosure required by the PRA. This bill establishes additional penalties and enforcement procedures. Specifically, this bill provides the AG or district attorney is responsible for investigating candidates who make false statements on their candidate experience disclosure and bringing enforcement actions for those false statements. Additionally, this bill provides that it is the intent of the Legislature that a violation of the provisions of this bill will be considered grounds for disqualification from elective office, and that a governing body with the power to remove an elected officer from an office may investigate any violations and consider false statements or failure to file the candidate experience grounds for the officer’s removal.
   
4. Cal-Access Replacement Project: In 1997, the Legislature passed and Governor Pete Wilson signed SB 49 (Karnette), Chapter 866, Statutes of 1997, which amended the PRA and established the Online Disclosure Act of 1997. SB 49 required the SOS, in consultation with the FPPC, to develop and implement, by the year 2000, an online filing and disclosure system for reports and statements required to be filed under the PRA, as specified. As a result, the SOS created and deployed a system called the California Automated Lobby Activity and Campaign Contribution and Expenditure Search System, commonly referred to as Cal-Access. Cal-Access is 23 years old, and the SOS reports that components of the system are no longer supported by their vendor. As a result, the system has periodically crashed and denied public access.

Given the limitations of the existing Cal-Access system, the Legislature has taken steps to replace that system. In 2016, the Legislature approved and the Governor signed SB 1349 (Hertzberg), Chapter 845, Statutes of 2016, which requires the SOS, in consultation with the FPPC, to develop and certify for public use a new online filing and disclosure system for statements and reports that provide public disclosure of campaign finance and lobbying information in a user-friendly, easily understandable format, as specified. The new system is intended to be data driven, rather than form-based, and is intended to permit future compatibility with local campaign finance data. This system is commonly referred to as CARS.

1. CARS Project Further Delayed: According to the SOS, in July 2021, it partnered with the California Department of Technology to conduct an independent assessment of CARS and it was determined that CARS was not ready for a system launch. Consequently the SOS began planning for a CARS project restart. As a result, it is unlikely that the CARS system will be fully deployed until late 2026 at the earliest. Adding additional requirements to the new CARS system—as this bill proposes to do—could further delay the development of the system and possibly increase costs.
   
2. Arguments in Support: In support of a prior version of this bill, Indivisible CA 45 wrote:

When it comes to running for public office in California, we have seen that candidates can easily take advantage of the public’s trust and not fully disclose their full educational, military or work history. The sacred act of running for office requires transparency and honesty. And if not, there need to be consequences. At this time, the residents of a jurisdiction are left with no other option but an expensive and unwieldy recall process to right such wrongs.

SB 248 as amended would close this gaping hole in accountability by requiring that when a candidate files a declaration of candidacy the candidate will disclose their prior education and work history, and history of military service, if any. In addition, the filing would contain a statement, signed under penalty of perjury, that the information contained in the form is accurate to the best of the candidate’s knowledge.

The bill would establish penalties and enforcement procedures for these requirements, as specified. The bill would state that it is the intent of the Legislature that a violation of these provisions be considered grounds for disqualification from elective office, and that a governing body with the power to remove an elected officer from an office may consider violation of this chapter as grounds for such removal.

With public trust in politics already at all-time lows, SB 248 as amended will provide voters the assurance of appropriate and effective recourse in the event that a candidate wins an election based on credentials that later turn out to have been falsified.

1. 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

Indivisible CA 45

Opposition

None on file.

Analysis Prepared by: Nichole Becker / ELECTIONS / (916) 319-2094

 THIRD READING  

Bill No: SB 248

Author: Newman (D)

Amended: 5/18/23

Vote: 27

SENATE ELECTIONS & C.A. COMMITTEE: 6-0, 4/18/23

AYES: Glazer, Allen, McGuire, Menjivar, Newman, Umberg

NO VOTE RECORDED: Nguyen

SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/18/23

AYES: Portantino, Ashby, Bradford, Wahab, Wiener

NOES: Jones, Seyarto

SUBJECT: Political Reform Act of 1974: disclosures: candidate experience

SOURCE: Author

DIGEST:

This bill requires, beginning on the January 1 after the Secretary of State (SOS) certifies their CAL-ACCESS Replacement System, a candidate for state elective office to include with a statement of intention to be a candidate for a specific office, a disclosure of the candidate’s prior education and work history, and history of military service, if any. This bill also requires the SOS to create a candidate experience form for this purpose, and to post on its website a copy of completed forms submitted by candidates.

ANALYSIS:

Existing law:

1. Creates the Fair Political Practices Commission (FPPC) and makes it responsible for the impartial, effective administration and implementation of the Political Reform Act of 1974 (PRA).
2. Requires candidates to submit specified filings to declare their intent to run for elective office, and requires candidates for elective office to make various disclosures relating to a campaign for elective office.
3. Defines the term “elective state office,” for the purposes of the PRA, as the office of Governor, Lieutenant Governor, Attorney General, Insurance Commissioner, Controller, Secretary of State, Treasurer, Superintendent of Public Instruction, and member of the State Board of Equalization. “Elective state office” means the office of Governor, Lieutenant Governor, Attorney General, Insurance Commissioner, Controller, Secretary of State, Treasurer, Superintendent of Public Instruction, Member of the Legislature, member elected to the Board of Administration of the Public Employees’ Retirement System, member elected to the Teachers’ Retirement Board, and member of the State Board of Equalization.
4. Requires, prior to receipt of any contribution or loan, an individual who intends to be a candidate for elective state office to file an original statement of intention, signed under penalty of perjury, as specified.
5. Requires an individual who intends to be a candidate for any other elective office to file the statement of intention with the county elections official, as specified.
6. Provides that a violation of the PRA is punishable as a misdemeanor and that reports and statements filed under the act are required to be signed under the penalty of perjury.

This bill:

1. Requires the SOS to create a candidate experience form for candidates for elective office to disclose their prior education and work history, and history of military service, if any.
2. Requires a candidate for state elective office to include the candidate experience disclosure with the filing of a statement of intention. Authorizes the FPPC, at its discretion, to require the candidate experience disclosure to be included as part of the statement of intention or as an attachment to that statement.
3. Requires a candidate for any other elective office to include the candidate experience disclosure with the filing of statement of intention.
4. Requires a candidate for elective office to file a statement signed under the penalty of perjury that the information contained in the form is accurate to the best of the candidate’s knowledge.
5. Requires the SOS to post on its internet website a copy of the completed form submitted by a candidate in accordance with the above requirements, and further requires this form to be made available to the public for four years from the date of the election associated with the filing.
6. Provides that any candidate who states as true any matter in the candidate experience disclosure that the candidate knows to be false is guilty of a violation of the PRA. Provides the Attorney General is responsible for investigation and enforcement of violations by a candidate for statewide elective office, and the district attorney of the jurisdiction in which the candidate resides is responsible for investigating and enforcing violations by candidates for any other elective office.
7. Declares, in addition to the remedies provided under the PRA, the intent of the Legislature that a violation of the provisions in this bill be considered grounds for disqualification from elective office. A governing body with the power to remove an elected officer from office may consider a violation of the provisions of this bill as grounds for such removal.
8. Makes Legislative findings and declarations that the integrity of candidates for elective office is a matter of statewide concern, and applies the provisions of this bill to all cities including charter cities.
9. Delays implementation until the January 1 following the SOS’s certification of their CAL-ACCESS Replacement System.

Background

California Constitutional Requirements. Every candidate for statewide elective office, State Senator, or Member of the State Assembly shall be a citizen of the United States; be a registered voter and otherwise qualified to vote for that office at the time nomination papers are issued to the person; not have been convicted of a felony involving accepting or giving, or offering to give, any bribe, the embezzlement of public money, extortion or theft of public money, perjury, or conspiracy to commit any of those crimes; and shall have during their lifetime served no more that twelve years in the Senate, the Assembly, or both in any combination of terms

PRA Requirements. Any individual who intends to be a candidate for an elective state office is required to file with the SOS Political Reform Division a candidate intention statement (Form 501) for the specific state office which is signed under penalty of perjury and filed prior to the solicitation or receipt of any contribution or loan, including expenditures made from personal funds used for campaign purposes. In addition, a candidate is required to file a statement of organization--recipient committee (Form 410) with the SOS within 10 days of qualifying as a committee by receiving contributions totaling $2,000 or more in a calendar year. A candidate also must establish one campaign contribution account at an office of a financial institution located in California after filing the Form 501.

The DUPE Act and the George Santos Controversy. SB 248 is referred to by the author and supporters as the Disqualifying Unscrupulous and Pathological Electeds (or DUPE) Act. The author has noted that the ongoing drama around the campaign and election of United States House Representative George Santos of New York should be a cautionary tale and illustrates the need for SB 248.

Multiple inquiries have been launched into Santos’ history, from federal probes to state reviews, to a criminal investigation in Brazil. In early March, the House Ethics Committee said it had opened an investigation into Santos following a complaint by two Democratic Representatives from New York.

Outside of Congress, several federal bodies appear to be examining Santos as well. In late December 2022, prosecutors with the United States Attorney’s Office for the Eastern District of New York reportedly began a federal probe into Santos’ finances. The office has not confirmed whether it is investigating him.

On May 10, 2023, Representative Santos appeared in a federal court on Long Island and entered a plea of not guilty to 13 federal charges, seven counts of wire fraud, three counts of money laundering, one count of theft of public funds and two counts of making materially false statements to the House of Representatives. Santos was released on a $500,000 bond, according to the United States Attorney’s Office in New York. He was ordered to surrender his passport and will need permission to travel outside of Washington, D.C., New York City, and Long Island.

Comments

1. According to the author, as part of a typical job application, including applying for employment in positions with state and local agencies, candidates are generally required to provide a summary of their prior professional experience. Required information often includes their work history, education, and military service, which warrants the truthfulness of that submission upon penalty of disqualification or dismissal. Running for election is, at its most basic level, another version of applying for a job, one where the hiring decision is made by a majority of the voters in a particular jurisdiction.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee:

• Costs to the Fair Political Practices Commission (FPPC) would be minor and absorbable.
• The Secretary of State’s Office (SOS) would likely incur costs in the low hundreds of thousands of dollars annually (General Fund).
• Any costs to the Department of Justice have yet to be identified.

SUPPORT: (Verified 5/19/23)

Indivisible CA 45

OPPOSITION: (Verified 5/19/23)

None received

ARGUMENT IN SUPPORT: In a letter supporting SB 248, Indivisible CA 45 states, in part, the following:

When it comes to running for public office in California, we have seen that candidates can easily take advantage of the public’s trust and not fully disclose their full educational, military or work history. The sacred act of running for office requires transparency and honesty. And if not, there need to be consequences. At this time, the residents of a jurisdiction are left with no other option but an expensive and unwieldy recall process to right such wrongs.

[…. ]

With public trust in politics already at all-time lows, SB 248 as amended will provide voters the assurance of appropriate and effective recourse in the event that a candidate wins an election based on credentials that later turn out to have been falsified.

Prepared by: Karen French / E. & C.A. / (916) 651-4106

5/23/23 12:00:15

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SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

SB 248 (Newman) - Political Reform Act of 1974: disclosures: candidate experience

Bill Summary:

SB 248 would require, on or after April 1, 2024, a candidate for elective office, to include with a statement of intention to be a candidate for a specific office, a form disclosing the candidate’s prior education and work history, and history of military service, as specified.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on May 18, 2023

Fiscal Impact:

• Costs to the Fair Political Practices Commission (FPPC) would be minor and absorbable.
• The Secretary of State’s Office (SOS) would likely incur costs in the low hundreds of thousands of dollars annually (General Fund).
• Any costs to the Department of Justice have yet to be identified.

Author Amendments:

Delay implementation date to align with SOS’s expected completion of the CAL- ACCESS replacement system.

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SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

SB 248 (Newman) - Political Reform Act of 1974: disclosures: candidate experience

Bill Summary:

SB 248 would require, on or after April 1, 2024, a candidate for elective office, to include with a statement of intention to be a candidate for a specific office, a form disclosing the candidate’s prior education and work history, and history of military service, as specified.

Fiscal Impact:

• Costs to the Fair Political Practices Commission (FPPC) would be minor and absorbable.
• The Secretary of State’s Office (SOS) indicates that it would incur first-year costs of $287,000, and $278,000 annually thereafter, to implement the provisions of the bill (General Fund).
• Any costs to the Department of Justice have yet to be identified.

Background:

Under current law every candidate for statewide elective office, State Senator, or Member of the State Assembly shall (1) be a citizen of the United States, (2) be a registered voter and otherwise qualified to vote for that office at the time nomination papers are issued to the person, (3) not have been convicted of a felony involving accepting or giving, or offering to give, any bribe, the embezzlement of public money, extortion or theft of public money, perjury, or conspiracy to commit any of those crimes, and (4) have during their lifetime served no more that twelve years in the Senate, the Assembly, or both in any combination of terms.

Any individual who intends to be a candidate for an elective state office is required to file with SOS a candidate intention statement (Form 501) for the specific state office which is signed under penalty of perjury and filed prior to the solicitation or receipt of any contribution or loan, including expenditures made from personal funds used for campaign purposes. In addition, a candidate is required to file a statement of organization--recipient committee (Form 410) with SOS within 10 days of qualifying as a committee by receiving contributions totaling $2,000 or more in a calendar year. A candidate also must establish one campaign contribution account at an office of a financial institution located in California after filing the Form 501.

Proposed Law:

This bill would, among other things, do the following:

• Require SOS, on or before April 1, 2024, to create a form for candidates for elective office to disclose their prior education and work history, and history of military service, if any.
• Require a candidate for elective office on or after April 1, 2024, to file, when the candidate files a declaration of candidacy, the form disclosing prior education, work history and history of military service, if any.
• Require SOS to post on its internet website a copy of the completed form submitted by a candidate in accordance with the above requirements, and further requires this form to be made available to the public for four years from the date of the election associated with the filing.
• Provide that any candidate who states as true any matter in the candidate experience disclosure that the candidate knows to be false is guilty of a violation of the Political Reform Act (PRA).
• Provide that the Attorney General is responsible for investigation and enforcement of violations by a candidate for statewide elective office, and the district attorney of the jurisdiction in which the candidate resides is responsible for investigating and enforcing violations of this paragraph by candidates for any other elective office.

Staff Comments:

As noted previously, this bill would require SOS to accept, review and file a candidate experience disclosure statement for every candidate that files a Form 501. In 2022, SOS received 847 such forms. SOS indicates that, at a minimum, the bill would impose the following new duties related to processing new candidate qualification statements: (1) intake and review for completeness filings received on paper or by email with a digital signature, (2) uploading and posting copies of filings to its internet site, (3) notifying filers who have failed to file the required report, (4) assessing a fee of $10 per day for those statements filed late, and (5) collecting and processing payments for late filing fees.

Additionally, SOS notes that this bill would take effect before completion of the CAL-ACCESS Replacement System (CARS) is certified as the new online electronic filing system for SOS state filings required by the PRA. Before CARS is completed, SOS would need to manually upload all these new forms to the CAL-ACCESS website to ensure public disclosure occurs consistent with the goal of the PRA. There would be staff costs to establish a procedure to intake these forms and post them online. In addition, each of these forms would need to be stored for at least four years from the date of the election associated with the filing.

SOS notes that, though funding would be needed to implement this new form into CARS, it is too early to determine the magnitude of this cost.

Any local government costs resulting from the mandate in this measure are not state-reimbursable because the mandate only involves the definition of a crime or the penalty for conviction of a crime.

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SENATE COMMITTEE ON

ELECTIONS AND CONSTITUTIONAL AMENDMENTS

Senator Steven Glazer, Chair

2023 - 2024 Regular

Bill No: SB 248 Hearing Date: 4/18/2023

Subject: Political Reform Act of 1974: disclosures: candidate experience

DIGEST

This bill requires, on or after April 1, 2024, a candidate for elective office, to include with a statement of intention to be a candidate for a specific office, a form disclosing the candidate’s prior education and work history, and history of military service, if any. Requires the Secretary of State (SOS) to create a form for this purpose, and post on its website a copy of completed forms submitted by candidates.

ANALYSIS

Existing law:

1. Creates the Fair Political Practices Commission (FPPC) and makes it responsible for the impartial, effective administration and implementation of the Political Reform Act of 1974 (PRA).
2. Requires elected officers, candidates, and committees to file pre-election statements under specified circumstances. Requires candidates to submit specified filings to declare their intent to run for elective office and make various disclosures relating to a campaign for elective office.
3. Defines the term “statewide elective office,” for the purposes of the PRA, as the office of Governor, Lieutenant Governor, Attorney General, Insurance Commissioner, Controller, Secretary of State, Treasurer, Superintendent of Public Instruction, and member of the State Board of Equalization.
4. Defines the term “statewide election,” for the purposes of the PRA, as an election for statewide elective office.
5. Provides that a violation of the PRA is punishable as a misdemeanor and that reports and statements filed under the act are required to be signed under the penalty of perjury.
6. Provides that the Legislature may amend the PRA to further the act’s purposes upon a 2/3 vote of each house and compliance with specified procedural requirements.

This bill:

1. Requires the Secretary of State (SOS), on or before April 1, 2024, to create a form for candidates for elective office to disclose their prior education and work history, and history of military service, if any.
2. Requires a candidate for elective office on or after April 1, 2024, to file, when the candidate files a declaration of candidacy, the form disclosing prior education, work history and history of military service, if any.
3. Requires a candidate for elective office to file a statement signed under the penalty of perjury that the information contained in the form is accurate to the best of the candidate’s knowledge.
4. Requires the SOS to post on its internet website a copy of the completed form submitted by a candidate in accordance with the above requirements, and further requires this form to be made available to the public for four years from the date of the election associated with the filing.
5. Provides that any candidate who states as true any matter in the candidate experience disclosure that the candidate knows to be false is guilty of a violation of the PRA. Provides the Attorney General is responsible for investigation and enforcement of violations of this paragraph by a candidate for statewide elective office, and the district attorney of the jurisdiction in which the candidate resides is responsible for investigating and enforcing violations of this paragraph by candidates for any other elective office.
6. Declares, in addition to the remedies provided under the PRA, the intent of the Legislature that a violation of this section be considered grounds for disqualification from elective office. A governing body with the power to remove an elected officer from office may consider violation of this section as grounds for such removal.
7. Makes Legislative findings and declarations that the integrity of candidates for elective office is a matter of statewide concern, and applies this act to all cities including charter cities.

BACKGROUND

California Constitutional Requirements. Every candidate for statewide elective office, State Senator, or Member of the State Assembly shall be a citizen of the United States; be a registered voter and otherwise qualified to vote for that office at the time nomination papers are issued to the person; not have been convicted of a felony involving accepting or giving, or offering to give, any bribe, the embezzlement of public money, extortion or theft of public money, perjury, or conspiracy to commit any of those crimes; and shall have during their lifetime served no more that twelve years in the Senate, the Assembly, or both in any combination of terms

PRA Requirements. Any individual who intends to be a candidate for an elective state office is required to file with the SOS Political Reform Division a candidate intention statement (Form 501) for the specific state office which is signed under penalty of perjury and filed prior to the solicitation or receipt of any contribution or loan, including expenditures made from personal funds used for campaign purposes. In addition, a candidate is required to file a statement of organization--recipient committee (Form 410) with the SOS within 10 days of qualifying as a committee by receiving contributions totaling $2,000 or more in a calendar year. A candidate also must establish one campaign contribution account at an office of a financial institution located in California after filing the Form 501.

The DUPE Act and the George Santos Controversy. SB 248is referred to by the author and supporters as the Disqualifying Unscrupulous and Pathological Electeds (or DUPE) Act. The author has noted that the ongoing drama around the campaign and election of Representative George Santos of New York should be a cautionary tale and illustrates the need for SB 248.

Multiple inquiries have been launched into Santos’ history, from federal probes to state reviews, to a criminal investigation in Brazil. In early March the House Ethics Committee said it had opened an investigation into Santos following a complaint by two Democratic Representatives from New York.

Outside of Congress, several federal bodies appear to be examining Santos as well. In late December 2022 prosecutors with the United States Attorney’s Office for the Eastern District of New York reportedly began a federal probe into Santos’ finances. The office has not confirmed whether it is investigating him.

In January 2023, a D.C. based nonprofit filed a complaint with the Federal Election Commission (FEC) alleging Santos filed false fundraising and spending information and used campaign funds for personal expenses, including rent. The FEC does not comment on ongoing investigations, but could hit Santos with a fine if it finds a violation. The Justice Department asked the FEC to hold off on any enforcement action against Santos as it conducts a criminal probe, according to The Washington Post.

COMMENTS

1. According to the author: As part of a typical job application, including applying for employment in positions with state and local agencies, candidates are generally required to provide a summary of their prior professional experience. Required information often includes their work history, education, and military service, which warrants the truthfulness of that submission upon penalty of disqualification or dismissal. Running for election is, at its most basic level, another version of applying for a job, one where the hiring decision is made by a majority of the voters in a particular jurisdiction.
2. Argument in Support. In a letter supporting SB 248, Indivisible CA 45 stated, in part, the following:

When it comes to running for public office in California, candidates are not currently required to provide any such record or warranty. In the absence of this requirement, the voters of California are vulnerable to a George Santos-like scenario, where if it turns out that a candidate achieving election to a public office has fabricated key elements of their background, the residents of that jurisdiction are left with no option other than an expensive and unwieldy recall process to right such a blatant wrong.

With public trust in politics already at all-time lows, the DUPE Act will provide voters the assurance of appropriate and effective recourse in the event that a candidate wins an election based on credentials that later turn out to have been falsified.

POSITIONS

Sponsor: Author

Support: Indivisible CA 45

Oppose: None Received

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