BILL NUMBER: AB 1514	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 2, 2009

INTRODUCED BY   Assembly Member Hayashi

                        FEBRUARY 27, 2009

    An act to amend Section 3012 of the Elections Code,
relating to elections.   An act to amend Sections 84218
and 85309 of the Government Code, relating to the Political Reform
Act of 1974. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1514, as amended, Hayashi.  Elections: vote by mail.
  Political Reform Act of 1974: reporting.  
   (1) The Political Reform Act of 1974 provides for the
comprehensive regulation of campaign financing, including requiring
the filing of reports of contributions and expenditures. Among its
provisions, the act requires a slate mailer organization, as defined,
to file semiannual campaign statements for each 6-month period in
which it has received or expended $500 or more for the production of
a slate mailer.  
   This bill would require a slate mailer organization to file
semiannual campaign statements for every 6-month period, irrespective
of whether the organization received payments or made expenditures
for that period.  
   (2) The act requires candidates for elective office and committees
primarily formed to support or oppose a state ballot measure to file
online or electronically with the Secretary of State a report
disclosing receipt of a contribution of $1,000 or more received
during an election cycle, as defined, or receipt of a contribution of
$5,000 or more received at any time other than during an election
cycle.  
   This bill would eliminate those reporting requirements for
candidates and ballot-measure committees and would instead impose
those reporting requirements on committees in general that receive
contributions and on slate mailer organizations that receive
payments.  
   (3) Existing law makes a willful violation of the Political Reform
Act of 1974 a misdemeanor and subjects offenders to criminal
penalties.  
   This bill would impose a state-mandated local program by creating
additional crimes.  
   (4) 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.  
   (5) The Political Reform Act of 1974, an initiative measure,
provides that the Legislature may amend the act to further the act's
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 provides that when the address to which a vote by
mail ballot is to be sent is outside the territorial limits of the
United States, the elections official is required to mail the ballot
to the elector by airmail and, if under any law of the United States
official election ballots are authorized to be mailed without the
payment of postage, the elections official is required to mail the
ballots in that way.  
   This bill would make a nonsubstantive change to those provisions.

   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee:  no   yes  .
State-mandated local program:  no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 84218 of the  
Government Code   is amended to read: 
   84218.  (a) A slate mailer organization shall file semiannual
campaign statements  for each period in which it has received
payments totaling five hundred dollars ($500) or more from any
person for the support of or opposition to candidates or ballot
measures in a slate mailer, or in which it has expended five hundred
dollars ($500) or more to produce one or more slate mailers. The
semiannual statements shall be filed  no later than July 31
for the period ending June 30, and no later than January 31, for the
period ending December 31.
   (b) In addition to the semiannual statements required by
subdivision (a), slate mailer organizations shall file preelection
statements as follows:
   (1) Any slate mailer organization which produces a slate mailer
supporting or opposing candidates or measures being voted on in an
election held upon the first Tuesday after the first Monday in June
or November of an even-numbered year shall file the statements
specified in Section 84200.7 if, during the period covered by the
preelection statement, the slate mailer organization receives
payments totaling five hundred dollars ($500) or more from any person
for the support of or opposition to candidates or ballot measures in
one or more slate mailers, or expends five hundred dollars ($500) or
more to produce one or more slate mailers.
   (2) Any slate mailer organization which produces a slate mailer
supporting or opposing candidates or measures being voted on in an
election held on a date other than the first Tuesday after the first
Monday in June or November of an even-numbered year shall file the
statements specified in Section 84200.8 if, during the period covered
by the preelection statement, the slate mailer organization receives
payments totaling five hundred dollars ($500) or more from any
person for the support of or opposition to candidates or ballot
measures in one or more slate mailers, or expends five hundred
dollars ($500) or more to produce one or more slate mailers.
   (c) A slate mailer organization shall file two copies of its
campaign reports with the clerk of the county in which it is
domiciled. A slate mailer organization is domiciled at the address
listed on its statement of organization unless it is domiciled
outside California, in which case its domicile shall be deemed to be
Los Angeles County for purposes of this section.
   In addition, slate mailer organizations shall file campaign
reports as follows:
   (1) A slate mailer organization which produces one or more slate
mailers supporting or opposing candidates or measures voted on in a
state election, or in more than one county, shall file campaign
reports in the same manner as state general purpose committees
pursuant to subdivision (a) of Section 84215.
   (2) A slate mailer organization which produces one or more slate
mailers supporting or opposing candidates or measures voted on in
only one county, or in more than one jurisdiction within one county,
shall file campaign reports in the same manner as county general
purpose committees pursuant to subdivision (d) of Section 84215.
   (3) A slate mailer organization which produces one or more slate
mailers supporting or opposing candidates or measures voted on in
only one city shall file campaign reports in the same manner as city
general purpose committees pursuant to subdivision (e) of Section
84215.
   (4) Notwithstanding the above, no slate mailer organization shall
be required to file more than the original and one copy, or two
copies, of a campaign report with any one county or city clerk or
with the Secretary of State.
   SEC. 2.    Section 85309 of the   Government
Code   is amended to read: 
   85309.  (a) In addition to any other report required by this
title, a  candidate for elective state office who 
 committee, as defined in subdivision (a) of Section 82013, or a
slate mailer organization that  is required to file reports
pursuant to Section 84605 shall file online or electronically with
the Secretary of State a report disclosing receipt of a contribution
 or, in the case of a slate mailer organization, a payment 
of one thousand dollars ($1,000) or more received during an election
cycle. Those reports shall disclose the same information required by
subdivision (a) of Section 84203  or, in the case of a slate
mailer organization, Section 84220  and shall be filed within 24
hours of receipt of the contribution  or payment  .

   (b) In addition to any other report required by this title, any
committee primarily formed to support or oppose one or more state
ballot measures that is required to file reports pursuant to Section
84605 shall file online or electronically with the Secretary of State
a report disclosing receipt of a contribution of one thousand
dollars ($1,000) or more received during an election cycle. Those
reports shall disclose the same information required by subdivision
(a) of Section 84203 and shall be filed within 24 hours of receipt of
the contribution.  
   (c) 
    (b)  In addition to any other report required by this
title, a  candidate for elective state office who 
 committee, as defined in subdivision (a) of Section 82013, or a
slate mailer organization that  is required to file reports
pursuant to Section 84605 shall file online or electronically with
the Secretary of State a report disclosing receipt of a contribution
 or, in the case of a slate mailer organization, a payment 
of five thousand dollars ($5,000) or more received at any time other
than during an election cycle. Those reports shall disclose the same
information required by subdivision (a) of Section 84203  o 
 r, in the case of a slate mailer organization, Section 84220
 and shall be filed within 10 business days of receipt of the
contribution  or payment  . 
   (d) In addition to any other report required by this title, a
committee primarily formed to support or oppose a state ballot
measure that is required to file reports pursuant to Section 84605
shall file online or electronically with the Secretary of State a
report disclosing receipt of a contribution of five thousand dollars
($5,000) or more received at any time other than during an election
cycle. Those reports shall disclose the same information required by
subdivision (a) of Section 84203 and shall be filed within 10
business days of receipt of the contribution. 
   SEC. 3.    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. 4.    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 3012 of the Elections Code
is amended to read:
   3012.  Whenever the elections official is required to mail a vote
by mail voter's ballot to any elector and the address to which the
ballot is to be mailed is a point outside the territorial limits of
the United States, the elections official shall mail the vote by mail
voter's ballot to the elector by airmail and, if under any law of
the United States official election ballots may be mailed without the
payment of postage, the elections official shall so mail the
ballots. 
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