BILL NUMBER: AB 1501 CHAPTERED 01/22/04 CHAPTER 9 FILED WITH SECRETARY OF STATE JANUARY 22, 2004 APPROVED BY GOVERNOR JANUARY 21, 2004 PASSED THE ASSEMBLY JANUARY 12, 2004 PASSED THE SENATE SEPTEMBER 8, 2003 AMENDED IN SENATE AUGUST 26, 2003 AMENDED IN SENATE JUNE 23, 2003 INTRODUCED BY Assembly Member Levine FEBRUARY 21, 2003 An act to amend Section 85401 of the Government Code, relating to the Political Reform Act of 1974, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1501, Levine. Political Reform Act of 1974. Under the Political Reform Act of 1974, a candidate for elective state office may voluntarily accept specified expenditure limits for his or her campaign for office. Under existing law, the candidate is required to file a statement of acceptance or rejection of the voluntary expenditure at the time he or she files the statement of intention. This bill would authorize a candidate, until the deadline for filing nomination papers, to change his or her statement of acceptance or rejection of voluntary expenditure limits, provided he or she has not exceeded the voluntary expenditure limits. The bill would prohibit a candidate from changing his or her statement more than twice after the initial filing of the nomination papers. Existing law makes a violation of the act subject to administrative, civil, and criminal penalties. This bill would impose a state-mandated local program by imposing these penalties on persons who violate the provisions of this bill. 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 act's purposes with a 2/3 vote of each house and compliance with specified procedural requirements. This bill, which would declare that it furthers the purposes of the act, would therefore require a 2/3 vote. The bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 85401 of the Government Code, as added by Chapter 102 of the Statutes of 2000, is amended to read: 85401. (a) Each candidate for elective state office shall file a statement of acceptance or rejection of the voluntary expenditure limits set forth in Section 85400 at the time he or she files the statement of intention specified in Section 85200. (b) A candidate may, until the deadline for filing nomination papers set forth in Section 8020 of the Elections Code, change his or her statement of acceptance or rejection of voluntary expenditure limits provided he or she has not exceeded the voluntary expenditure limits. A candidate may not change his or her statement of acceptance or rejection of voluntary expenditure limits more than twice after the initial filing of nomination papers for that election and office. (c) Any candidate for elective state office who declined to accept the voluntary expenditure limits but who nevertheless does not exceed the limits in the primary, special primary, or special election, may file a statement of acceptance of the expenditure limits for a general or special runoff election within 14 days following the primary, special primary, or special election. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B 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. SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order that its provisions apply to candidates' filings for the 2004 statewide primary election, it is necessary for this act to take effect immediately.