Amended in Senate February 25, 2013

Senate Bill No. 2

Introduced by Senators Lieu and Yee

December 3, 2012

An act begin insert to amend Sections end insert begin insert 84101, 84102, 84103, 84107, 84200, 84200.6, 84202.3, 84215, 84218, 84252, 84305.5, 84310, 84503, 84504, 84506, 84506.5, 84508, 84509, 84510, 85701, 85704, 90002, 90003, and 91013 of, to add Sections 84200.1, 84202.8, 84202.9, and 84503.5 to, to repeal Sections 84200.7, 84200.8, 84202.5, and 84202.7 of, and to repeal and add Section 84200.5 of, the Government Code, and to amend Section 2872 of the Public Utilities Code, end insert relating to the Political Reform Act of 1974.

LEGISLATIVE COUNSEL’S DIGEST

SB 2, as amended, Lieu. Political Reform Act of begin delete 1974: campaign disclosures. end delete begin insert 1974. end insert

begin insert

(1) 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. Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties. The act requires elected officers, candidates, committees, and slate mailer organizations to file semiannual reports, preelection statements, and supplemental preelection statements.

end insert begin insert

This bill would repeal these reporting requirements. This bill would establish quarterly statements, monthly statements, preelection statements, postelection statements, and cumulative statements for filing, as specified.

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This bill would increase the fines for improperly reporting laundered or earmarked contributions to include a fine to be deposited into the Political Disclosure, Accountability, Transparency, and Access Fund, as specified. The bill would also increase the fines and penalties imposed on campaign statements and reports that are filed late.

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(2) The act also regulates advertisements, which are defined as any general or public advertisement that is authorized and paid for by a person or committee for the purpose of supporting or opposing a candidate for elective office or a ballot measure or ballot measures. The act places certain disclosure requirements on advertisements for or against any ballot measure, including that the advertisement disclose up to 2 persons who have made cumulative contributions of $50,000 or more, as prescribed. The act places more specific disclosure requirements on broadcast or mass mailing advertisements that are paid for by independent expenditures that support or oppose a candidate or ballot measure. In addition to other penalties imposed by the act, a fine of up to triple the amount of the cost of an advertisement can be imposed on a person who violates the disclosure requirements for advertisements.

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This bill would require that television, video, or audio broadcast advertisements that are authorized by a candidate include a specified disclosure statement made by the candidate.

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The bill would increase to 4 the number of major donors of $50,000 or more who must be disclosed in an advertisement by a committee for or against a ballot measure. The bill would require the name of a committee that supports or opposes a ballot measure to include the names of up to 4 major donors who have made cumulative contributions of $50,000 or more. The bill would specify the amount of time in which a committee must update advertisement disclosures to reflect a change in the committee name that results from a change in the identity of the major donors who must be disclosed in an advertisement.

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The bill would increase the maximum penalty for a violation of these provisions to 6 times the amount of the costs of the advertisement.

end insert begin insert

(3) The act regulates mass mailings, known as slate mailers, that support or oppose multiple candidates or ballot measures for an election. The act requires that each slate mailer identify the slate mailer organization or committee primarily formed to support or oppose one or more ballot measures that is sending the slate mailer, and to contain other specified information in specified formatting. The act requires that each candidate and each ballot measure that has paid to appear in the slate mailer be designated by an asterisk.

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This bill would additionally require that a candidate or ballot measure appearing in the slate mailer as a result of a payment made by a 3rd party be designated by an “@,” and would require the notice to voters included on a slate mailer be revised to describe this new requirement. The bill would require that a slate mailer that is produced in a language other than English provide the notice to voters in that same language. The bill would require that a slate mailer provide the notice in both English and another language if a substantial portion of a slate mailer is produced in the other language.

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(4) The act requires a ballot measure committee, within 30 days of designating the numerical order of propositions appearing on the ballot, to identify itself as committee for or against that numbered proposition in all required references.

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This bill would reduce the amount of time in which a ballot measure committee must reference itself as a committee for or against a numbered proposition to within 10 days of designating the numerical order of propositions.

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(5) The act is administered and enforced by the Fair Political Practices Commission. The act authorizes the Commission to perform discretionary investigations and audits with respect to campaign and lobbying reports and statements that are filed with the Secretary of State. The act also authorizes any person residing in the jurisdiction to sue for injunctive relief to prevent violations or compel compliance with the act.

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This bill would specify that the Commission may perform audits prior to the date of the election and prior to the date that a statement or report is required to be filed. The bill would authorize a person to challenge an audit by the Commission or any order resulting from an audit by seeking a writ of mandate, which would take priority over all other civil matters. The bill would specify that the Commission is authorized to seek an injunction to prevent a violation of or compel compliance with the act.

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(6) Under existing law, the Public Utilities Commission is responsible for regulating the use of automatic dialing-announcing devices.

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This bill would also authorize the Fair Political Practices Commission to regulate the use of automatic dialing-announcing devices if the device is used to disseminate prerecorded messages that advocate support of, or opposition to, a candidate, a ballot measure, or both.

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(7) The act makes a knowing or willful violation of its provisions a misdemeanor and subjects offenders to criminal penalties.

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By expanding the scope of an existing crime, this bill would impose a state-mandated local program.

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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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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(8) 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.

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

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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. Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties.

end delete begin delete

This bill would declare the intent of the Legislature to enact legislation that would strengthen the Political Reform Act of 1974 and the campaign disclosure requirements within that act to increase penalties for failing to properly disclose campaign contributions, tighten the disclosure requirements on mass mailings, and campaign messages presented through television, and other forms of media, and close the loophole associated with campaign contributions from multipurpose groups and nonprofit organizations.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 84101 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

84101.  

(a) A committee that is a committee by virtue of
subdivision (a) of Section 82013 shall file a statement of
organization. The committee shall file the original of the statement
of organization with the Secretary of State and shall also file a
copy of the statement of organization with the local filing officer,
if any, with whom the committee is required to file the originals
of its campaign reports pursuant to Section 84215. The original
and copy of the statement of organization shall be filed within 10
days after the committee has qualified as a committee. The
Secretary of State shall assign a number to each committee that
files a statement of organization and shall notify the committee of
the number. The Secretary of State shall send a copy of statements
filed pursuant to this section to the county elections official of each
county that he or she deems appropriate. A county elections official
who receives a copy of a statement of organization from the
Secretary of State pursuant to this section shall send a copy of the
statement to the clerk of each city in the county that he or she
deems appropriate.

(b) In addition to filing the statement of organization as required
by subdivision (a), if a committee qualifies as a committee under
subdivision (a) of Section 82013 before the date of an election in
connection with which the committee is required to file preelection
statements, but after the closing date of the last campaign statement
required to be filed before the election pursuant to begin delete Section 84200.7,
84200.8, end delete begin insert Section 84200.5 end insert or 84200.9, the committee shall file, by
facsimile transmission, guaranteed overnight delivery, or personal
delivery within 24 hours of qualifying as a committee, the
information required to be reported in the statement of organization.
The information required by this subdivision shall be filed with
the filing officer with whom the committee is required to file the
originals of its campaign reports pursuant to Section 84215.

(c) If an independent expenditure committee qualifies as a
committee pursuant to subdivision (a) of Section 82013 during the
time period described in Section 82036.5 and makes independent
expenditures of one thousand dollars ($1,000) or more to support
or oppose a candidate or candidates for office, the committee shall
file, by facsimile transmission, online transmission, guaranteed
overnight delivery, or personal delivery within 24 hours of
qualifying as a committee, the information required to be reported
in the statement of organization. The information required by this
section shall be filed with the filing officer with whom the
committee is required to file the original of its campaign reports
pursuant to Section 84215, and shall be filed at all locations
required for the candidate or candidates supported or opposed by
the independent expenditures. The filings required by this section
are in addition to filings that may be required by Sections 84203.5
and 84204.

(d) For purposes of this section, in calculating whether one
thousand dollars ($1,000) in contributions has been received,
payments for a filing fee or for a statement of qualifications to
appear in a sample ballot shall not be included if these payments
have been made from the candidate’s personal funds.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 84102 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

84102.  

The statement of organization required by Section
84101 shall include all of the following:

(a) The name, street address, and telephone number, if any, of
the committee. In the case of a sponsored committee, the name of
the committee shall include the name of begin delete its end delete begin insert each end insert sponsor.
Whenever a committee has more than one sponsor, and the
sponsors are members of an industry or other identifiable group,
a term identifying that industry or group shall begin insert also end insert be included in
the name of the committee.

(b) In the case of a sponsored committee, the name, street
address, and telephone number of each sponsor.

(c) The full name, street address, and telephone number, if any,
of the treasurer and any other principal officers. A committee with
more than one principal officer shall identify its principal officers
as follows:

(1) A committee with three or fewer principal officers shall
identify all principal officers.

(2) A committee with more than three principal officers shall
identify no fewer than three principal officers.

If no individual other than the treasurer is a principal officer, the
treasurer shall be identified as both the treasurer and the principal
officer.

(d) The full name and office sought by any candidate, and the
title and ballot number, if any, of any measure, that the committee
supports or opposes as its primary activity. A committee that does
not support or oppose one or more candidates or ballot measures
as its primary activity shall provide a brief description of its
political activities, including whether it supports or opposes
candidates or measures and whether such candidates or measures
have common characteristics, such as a political party affiliation.

(e) A statement whether the committee is independent or
controlled and, if it is controlled, the name of each candidate or
state measure proponent by which it is controlled, or the name of
any controlled committee with which it acts jointly. If a committee
is controlled by a candidate for partisan office, the controlled
committee shall indicate the political party, if any, with which the
candidate is affiliated.

(f) For a committee that is a committee by virtue of subdivision
(a) or (b) of Section 82013, the name and address of the financial
institution where the committee has established an account and
the account number.

(g) Such other information as shall be required by the rules or
regulations of the Commission consistent with the purposes and
provisions of this chapter.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 84103 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

84103.  

(a) Whenever there is a change in any of the
information contained in a statement of organization, an
amendment shall be filed within 10 days to reflect the change. The
committee shall file the original of the amendment with the
Secretary of State and shall also file a copy of the amendment with
the local filing officer, if any, with whom the committee is required
to file the originals of its campaign reports pursuant to Section
84215.

(b) In addition to filing an amendment to a statement of
organization as required by subdivision (a), a committee as defined
in subdivision (a) of Section 82013 shall, by facsimile transmission,
online transmission, guaranteed overnight delivery, or personal
delivery within 24 hours, notify the filing officer with whom it is
required to file the originals of its campaign reports pursuant to
Section 84215 when the change requiring the amendment occurs
before the date of the election in connection with which the
committee is required to file a preelection statement, but after the
closing date of the last preelection statement required to be filed
for the election pursuant to Section begin delete 84200.7 or 84200.8 end delete begin insert 84200.5 end insert ,
if any of the following information is changed:

(1) The name of the committee.

(2) The name of the treasurer or other principal officers.

(3) The name of any candidate or committee by which the
committee is controlled or with which it acts jointly.

The notification shall include the changed information, the date
of the change, the name of the person providing the notification,
and the committee’s name and identification number.

A committee may file a notification online only if the appropriate
filing officer is capable of receiving the notification in that manner.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 84107 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

84107.  

Within begin delete 30 end delete begin insert 10 end insert days of the designation of the numerical
order of propositions appearing on the ballot, any committee which
is primarily formed to support or oppose a ballot measure, shall,
if supporting the measure, include the statement, “a committee for
Proposition ____,” or, if opposing the measure, include the
statement, “a committee against Proposition ____,” in any reference
to the committee required by law.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 84200 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

84200.  

(a) Except as provided in begin delete paragraphs (1), (2), and (3),
elected end delete begin insert subdivisions (b), (c), and (d), Members of the Legislature,
the Board of Administration of the Public Employees’ Retirement
System or Teachers’ Retirement Board, and all city and county
elected end insert officers, candidates begin insert for election to those offices end insert , and
committees pursuant to subdivision (a) of Section 82013 begin insert that are
controlled by those officers or candidates end insert shall file begin delete semiannual end delete
begin insert quarterly end insert statements each year begin delete no later than July 31 for the period
ending June 30, and no later than January 31 for the period ending
December 31. end delete begin insert , as follows: end insert

begin insert

(1) No later than April 15 for the period ending March 31.

end insert begin insert

(2) No later than July 15 for the period ending June 30.

end insert begin insert

(3) No later than October 15 for the period ending September
30.

end insert begin insert

(4) No later than January 15 for the period ending December
31.

end insert begin delete

(1)

end delete

begin insert (b) end insert  A candidate who, during the past begin delete six end delete begin insert three end insert months has filed
a declaration pursuant to Section 84206 shall not be required to
file a begin delete semiannual end delete begin insert quarterly end insert statement for that begin delete six-month end delete
begin insert three-month end insert period.

begin delete

(2)

end delete

begin insert (c) end insert  Elected officers whose salaries are less than two hundred
dollars ($200) a month, judges, judicial candidates, and their
controlled committees shall not file begin delete semiannual end delete begin insert quarterly end insert
statements pursuant to this subdivision for any begin delete six-month end delete
begin insert three-month end insert period in which they have not made or received any
contributions or made any expenditures.

begin delete

(3)

end delete

begin insert (d) end insert  A judge who is not listed on the ballot for reelection to, or
recall from, any elective office during a calendar year shall not
file begin delete semiannual end delete begin insert quarterly end insert statements pursuant to this subdivision
for any begin delete six-month end delete begin insert three-month end insert period in that year if both of the
following apply:

begin delete

(A)

end delete

begin insert (1) end insert  The judge has not received any contributions.

begin delete

(B)

end delete

begin insert (2) end insert  The only expenditures made by the judge during the calendar
year are contributions from the judge’s personal funds to other
candidates or committees totaling less than one thousand dollars
($1,000).

begin delete

(b)

end delete

begin insert (e end insert begin insert ) end insert  All committees pursuant to subdivision (b) or (c) of Section
82013 begin insert controlled by the elected officers or candidates described
in subdivision (a) end insert shall file begin insert quarterly end insert campaign begin delete statements each
year no later than July 31 for the period ending June 30, and no
later than January 31 for the period ending December 31, end delete
begin insert statements pursuant to the schedule described in subdivision (a) end insert
if they have made contributions or independent expenditures,
including payments to a slate mailer organization, during the
begin delete six-month end delete begin insert three-month end insert period before the closing date of the
statements.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 84200.1 is added to the end insert begin insert Government Code end insert begin insert , to
read: end insert

begin insert

begin insert 84200.1. end insert   

(a) (1) Except as provided in paragraph (2), during
each even-numbered year, the following entities shall file a monthly
statement no later than the 20th day after the conclusion of each
calendar month for the period covering that calendar month:

(A) A ballot measure committee.

(B) A slate mailer organization.

(C) A committee not controlled by a candidate, if the candidate
for whom the committee is primarily formed to support or oppose
will appear on the ballot for the primary or general election held
in that even-numbered year.

(D) A political party committee.

(E) A candidate for statewide elective office and the candidate’s
controlled committees, if the candidate for statewide elective office
will appear on the ballot for the primary or general election held
in that even-numbered year.

(2) An entity identified in paragraph (1) shall not be required
to file a monthly statement for the period covering any month that
is reported, in its entirety, in a postelection statement required
pursuant to Section 84202.8.

(b) During each odd-numbered year in which an election occurs,
the following entities shall file a monthly statement for the period
covering each month in which the entity has spent one thousand
dollars ($1,000) or more to support or oppose a candidate or
ballot measure in that election:

(1) A ballot measure committee primarily formed to support or
oppose a ballot measure appearing on the ballot for the election.

(2) A slate mailer organization that produces a slate mailer
supporting or opposing candidates or ballot measures appearing
on the ballot for the election.

(3) A committee not controlled by a candidate, if the candidate
for whom the committee is primarily formed to support or oppose
will appear on the ballot for the election.

(4) A political party committee.

(5) A candidate for statewide elective office and the candidate’s
controlled committees, if the candidate for statewide elective office
will appear on the ballot for the election.

end insert

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 84200.5 of the end insert begin insert Government Code end insert begin insert is repealed. end insert

begin delete

84200.5.  

In addition to the campaign statements required by
Section 84200, elected officers, candidates, and committees shall
file preelection statements as follows:

(a) During an even-numbered year, all candidates for elective
state office being voted upon in the statewide direct primary
election or the statewide general election, their controlled
committees, and committees primarily formed to support or oppose
an elected state officer or a state candidate being voted upon shall
file the applicable preelection statements specified in Section
84200.7 or 84200.8. All elected state officers who, during the
applicable reporting periods covered by Section 84200.7 or
84200.8, contribute to any committee required to report receipts,
expenditures, or contributions pursuant to this title, or make an
independent expenditure, shall file the applicable preelection
statements specified in Section 84200.7 or 84200.8. However, a
candidate for an office that is not being voted upon in the
November election, his or her controlled committee, and any
committee primarily formed to support or oppose that candidate
is not required to file statements in connection with the November
election pursuant to subdivision (b) of Section 84200.7 unless,
during the reporting periods covered by Section 84200.7, the
candidate, his or her controlled committee, or any committee
primarily formed to support or oppose that candidate contributes
to any committee required to report receipts, expenditures, or
contributions pursuant to this title or makes independent
expenditures.

(b) During an even-numbered year, all candidates not specified
in subdivision (a) who are running for offices being voted upon
on the first Tuesday after the first Monday in June or November,
their controlled committees, and committees primarily formed to
support or oppose those candidates or a measure being voted upon
on the first Tuesday after the first Monday in June or November
of an even-numbered year shall file the preelection statements
specified in subdivision (a) of Section 84200.7 in the case of a
June election, or subdivision (b) of Section 84200.7 in the case of
a November election.

(c) All candidates for offices being voted upon on a date other
than the first Tuesday after the first Monday in June or November
of an even-numbered year, their controlled committees, and
committees primarily formed to support or oppose a candidate or
a measure being voted upon on a date other than the first Tuesday
after the first Monday in June or November of an even-numbered
year shall file the preelection statements specified in Section
84200.8.

(d) During an election period for the Board of Administration
of the Public Employees’ Retirement System or the Teachers’
Retirement Board, all candidates for these boards, their controlled
committees, and committees primarily formed to support or oppose
the candidates shall file the preelection statements specified in
Section 84200.9.

(e) In an even-numbered year in which the statewide direct
primary election is held on the first Tuesday after the first Monday
in June, a state or county general purpose committee formed
pursuant to subdivision (a) of Section 82013, other than a political
party committee as defined in Section 85205, shall file the
preelection statements specified in Section 84200.7 if it makes
contributions or independent expenditures totaling five hundred
dollars ($500) or more during the period covered by the preelection
statement. A state or county general purpose committee formed
pursuant to subdivision (b) or (c) of Section 82013 is not required
to file the statements specified in Section 84200.7.

(f) During an even-numbered year in which the statewide direct
primary election is held on a date other than the first Tuesday after
the first Monday in June, a state or county general purpose
committee formed pursuant to subdivision (a) of Section 82013,
other than a political party committee as defined in Section 85205,
shall file the preelection statements specified in Section 84200.8
if it makes contributions or independent expenditures totaling five
hundred dollars ($500) or more during the period covered by the
preelection statement. A state or county general purpose committee
formed pursuant to subdivision (b) or (c) of Section 82013 is not
required to file the statements specified in Section 84200.8.

(g) During an election period for the Board of Administration
of the Public Employees’ Retirement System or the Teachers’
Retirement Board, a state or county general purpose committee
formed pursuant to subdivision (a) of Section 82013 shall file the
preelection statements specified in Section 84200.9 if it makes
contributions or independent expenditures totaling five hundred
dollars ($500) or more during the period covered by the preelection
statement to support or oppose a candidate, or a committee
primarily formed to support or oppose a candidate, on the ballot
for the Board of Administration of the Public Employees’
Retirement System or the Teachers’ Retirement Board. A state or
county general purpose committee formed pursuant to subdivision
(b) or (c) of Section 82013 is not required to file the statements
specified in Section 84200.9.

(h) A political party committee as defined in Section 85205
shall file the applicable preelection statements specified in Section
84200.7 or 84200.8 in connection with a state election if the
committee receives contributions totaling one thousand dollars
($1,000) or more, or if it makes contributions or independent
expenditures totaling five hundred dollars ($500) or more, during
the period covered by the preelection statement.

(i) City general purpose committees shall file statements as
follows:

(1) City general purpose committees in a city that has an election
on the first Tuesday after the first Monday in June or November
of an even-numbered year shall file the statements specified in
subdivision (a) or (b) of Section 84200.7 for the six-month period
in which the city election is held, if they make contributions or
independent expenditures totaling five hundred dollars ($500) or
more during the period covered by the preelection statement.

(2) City general purpose committees in a city that has an election
on a date other than the first Tuesday after the first Monday in
June or November of an even-numbered year shall file the
preelection statements specified in Section 84200.8 if they make
contributions or independent expenditures totaling five hundred
dollars ($500) or more during the period covered by the preelection
statement.

end delete

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 84200.5 is added to the end insert begin insert Government Code end insert begin insert , to
read: end insert

begin insert

begin insert 84200.5. end insert   

In addition to the campaign statements required by
Sections 84200 and 84200.1, elected officers, candidates, and
committees shall file preelection statements as follows:

(a) Each of the following shall file a preelection statement no
later than 12 days before an election for the period ending 17 days
before the election:

(1) All candidates for elective office being voted upon at an
election, their controlled committees, and committees primarily
formed to support or oppose a candidate or a measure being voted
upon at the election.

(2) All elected state officers who, during the period covered by
the preelection statement, make a contribution to any committee.

(3) All candidates for an office that is not being voted upon at
the election, their controlled committees, and any committee
primarily formed to support or oppose those candidates, if, during
the reporting period covered by the preelection statement, the
candidate or committee makes an independent expenditure or
makes a contribution to a committee.

(4) A state or county general purpose committee formed
pursuant to subdivision (a) or (b) of Section 82013, other than a
political party committee as defined in Section 85205, if it makes
contributions or independent expenditures totaling five hundred
dollars ($500) or more during the period covered by the preelection
statement. A state or county general purpose committee formed
pursuant to subdivision (c) of Section 82013 is not required to file
a preelection statement.

(5) A political party committee as defined in Section 85205, if
the committee receives contributions totaling one thousand dollars
($1,000) or more, or if it makes contributions or independent
expenditures totaling five hundred dollars ($500) or more, during
the period covered by the preelection statement.

(6) A city general purpose committee, if it makes contributions
or independent expenditures totaling five hundred dollars ($500)
or more in connection with a city election during the period
covered by the preelection statement.

(b) During the election period for the Board of Administration
of the Public Employees’ Retirement System or the Teachers’
Retirement Board, all candidates for election to these boards, their
controlled committees, and committees primarily formed to support
or oppose the candidates, shall file a preelection statement as
specified in Section 84200.9.

(c) Each preelection statement filed pursuant to subdivision (a)
shall be filed by guaranteed overnight delivery service, personal
delivery, or online or electronic transmission with each office with
which the candidate or committee is required to file its next
campaign statement pursuant to Section 84215.

end insert

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 84200.6 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

84200.6.  

In addition to the campaign statements required by
Sections 84200 begin insert , 84200.1, end insert and 84200.5, all candidates and
committees shall file the following special statements and reports:

begin delete

(a) Supplemental preelection statements when required by
Section 84202.5.

end delete begin delete

(b)

end delete

begin insert (a) end insert  Late contribution reports when required by Section 84203.

begin delete

(c)

end delete

begin insert (b) end insert  Independent expenditure reports when required by Section
84203.5.

begin delete

(d)

end delete

begin insert (c) end insert  Late independent expenditure reports when required by
Section 84204.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 84200.7 of the end insert begin insert Government Code end insert begin insert is repealed. end insert

begin delete

84200.7.  

(a) Preelection statements for the June election period
shall be filed as follows:

(1) For the period ending March 17, a statement to be filed no
later than March 22. However, for a special election called after
March 17, or for which the period for filing nomination documents,
as defined in Section 333 of the Elections Code, ends after March
17, a preelection statement for the period ending 45 days before
the election shall be filed no later than 40 days before the election.

(2) For the period ending 17 days before the election, a statement
to be filed no later than 12 days before the election. All candidates
being voted upon in the June election, their controlled committees,
and committees formed primarily to support or oppose a candidate
or measure being voted upon in the June election shall file this
statement by guaranteed overnight delivery service or by personal
delivery.

(b) Preelection statements for the November election period
shall be filed as follows:

(1) For the period ending September 30, a statement to be filed
no later than October 5.

(2) For the period ending 17 days before the election, a statement
to be filed no later than 12 days before the election. All candidates
being voted upon in the November election, their controlled
committees, and committees formed primarily to support or oppose
a candidate or measure being voted upon in the November election
shall file this statement by guaranteed overnight delivery service
or by personal delivery.

end delete

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 84200.8 of the end insert begin insert Government Code end insert begin insert is repealed. end insert

begin delete

84200.8.  

Preelection statements shall be filed under this section
as follows:

(a) For the period ending 45 days before the election, the
statement shall be filed no later than 40 days before the election.

(b) For the period ending 17 days before the election, the
statement shall be filed no later than 12 days before the election.
All candidates being voted upon in the election in connection with
which the statement is filed, their controlled committees, and
committees formed primarily to support or oppose a candidate or
measure being voted upon in that election shall file this statement
by guaranteed overnight delivery service or by personal delivery.

(c) For runoff elections held within 60 days of the qualifying
election, an additional preelection statement for the period ending
17 days before the runoff election shall be filed no later than 12
days before the election. All candidates being voted upon in the
election in connection with which the statement is filed, their
controlled committees, and committees formed primarily to support
or oppose a candidate or measure being voted upon in that election
shall file this statement by guaranteed overnight delivery service
or personal delivery.

end delete

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 84202.3 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

84202.3.  

(a) In addition to the campaign statements required
by begin delete Section 84200, end delete begin insert Section 84200.1, end insert committees pursuant to
subdivision (a) of Section 82013 that are primarily formed to
support or oppose the qualification, passage, or defeat of a measure
and proponents of a state ballot measure who control a committee
formed or existing primarily to support the qualification, passage,
or defeat of a state ballot measure, shall file campaign statements
on the following dates:

(1) No later than April 30 for the period January 1 through
March 31.

(2) No later than October 31 for the period July 1 through
September 30.

(b) This section shall not apply to a committee during any
begin delete semiannual end delete period in which the committee is required to file
preelection statements pursuant to begin delete subdivision (a), (b), or (c) of end delete
Section 84200.5.

(c) This section shall not apply to a committee following the
election at which the measure is voted upon unless the committee
makes contributions or expenditures to support or oppose the
qualification or passage of another ballot measure.

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 84202.5 of the end insert begin insert Government Code end insert begin insert is repealed. end insert

begin delete

84202.5.  

(a) Any candidate or any committee pursuant to
subdivision (a) of Section 82013 which makes contributions
totaling ten thousand dollars ($10,000) or more in connection with
an election, including a runoff election, shall file a supplemental
preelection statement no later than 12 days before the election, for
the period ending 17 days before the election. This statement shall
be filed by guaranteed overnight delivery service or by personal
delivery with each office with which the candidate or committee
filing the statement is required to file its next campaign statement
pursuant to Section 84215.

(b) This section shall not apply to candidates or committees
during any semiannual period in which the candidate or committee
is required to file preelection statements pursuant to Section
84200.5.

(c) If a candidate or committee makes contributions totaling ten
thousand dollars ($10,000) or more in connection with an election
and all of those contributions are reported pursuant to Section
84200 or 84202.7 on or before the closing date specified in
subdivision (a), the candidate or committee shall not be required
to file additional statements for that period pursuant to this section.

end delete

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 84202.7 of the end insert begin insert Government Code end insert begin insert is repealed. end insert

begin delete

84202.7.  

(a) Except as provided in subdivision (b), during an
odd-numbered year, any committee by virtue of Section 82013
that makes contributions totaling ten thousand dollars ($10,000)
or more to elected state officers, their controlled committees, or
committees primarily formed to support or oppose any elected
state officer during a period specified below shall file campaign
statements on the following dates:

(1) No later than April 30 for the period of January 1 through
March 31.

(2) No later than October 31 for the period of July 1 through
September 30.

(b) If a committee makes contributions totaling ten thousand
dollars ($10,000) or more to elected state officers, their controlled
committees, or committees primarily formed to support or oppose
any elected state officer during a period specified in subdivision
(a), and all of those contributions are reported pursuant to Section
84202.5 on or before the time specified in subdivision (a), the
committee shall not be required to file additional statements for
that period pursuant to this section.

end delete

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 84202.8 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

begin insert

begin insert 84202.8. end insert   

In addition to the campaign statements required by
Sections 84200, 84200.1, and 84200.5, elected officers, candidates,
and committees shall file a postelection campaign statement on
the 20th day of the month following the month in which the election
occurred. The postelection campaign statement shall cover the
time period starting the day after the closing date of the last
campaign statement required to be filed prior to the election and
ending on the final calendar day of the month in which the election
occurred.

end insert

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 84202.9 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

begin insert

begin insert 84202.9. end insert   

(a) During an even-numbered year, all candidates
for elective office to be voted upon in the statewide primary election
or statewide general election, their controlled committees,
committees formed primarily to support or oppose an elected state
officer or candidate for state elective office being voted upon at
the election, all committees formed primarily to support or oppose
a ballot measure to be voted upon at the statewide primary election
or statewide general election, and slate mailer organizations shall
file a cumulative campaign statement. The cumulative statement
shall be filed by January 31 of the year following the year of the
election shall and shall cover the time period starting January 1
of the odd-numbered year preceding the election and ending
December 31 of the year in which the election occurred.

(b) For purposes of special elections and elections in
odd-numbered years, all candidates, their controlled committees,
and committees primarily formed to support or oppose a candidate
or ballot measure shall be required to file cumulative campaign
statements on a date and for a time period determined by the
Commission by regulation.

end insert

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert Section 84215 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

84215.  

All candidates and elected officers and their controlled
committees, except as provided in subdivisions (d) and (e), shall
file one copy of the campaign statements required by Section 84200
begin insert or 84200.1 end insert with the elections official of the county in which the
candidate or elected official is domiciled, as defined in subdivision
(b) of Section 349 of the Elections Code. In addition, campaign
statements shall be filed at the following places:

(a) Statewide elected officers, including members of the State
Board of Equalization; Members of the Legislature; Supreme Court
justices, court of appeal justices, and superior court judges;
candidates for those offices and their controlled committees;
committees formed or existing primarily to support or oppose these
candidates, elected officers, justices and judges, or statewide
measures, or the qualification of state ballot measures; and all state
general purpose committees and filers not specified in subdivisions
(b) to (e), inclusive, shall file a campaign statement by online or
electronic means, as specified in Section 84605, and shall file the
original and one copy of the campaign statement in paper format
with the Secretary of State.

(b) Elected officers in jurisdictions other than legislative
districts, State Board of Equalization districts, or appellate court
districts that contain parts of two or more counties, candidates for
these offices, their controlled committees, and committees formed
or existing primarily to support or oppose candidates or local
measures to be voted upon in one of these jurisdictions shall file
the original and one copy with the elections official of the county
with the largest number of registered voters in the jurisdiction.

(c) County elected officers, candidates for these offices, their
controlled committees, committees formed or existing primarily
to support or oppose candidates or local measures to be voted upon
in any number of jurisdictions within one county, other than those
specified in subdivision (d), and county general purpose
committees shall file the original and one copy with the elections
official of the county.

(d) City elected officers, candidates for city office, their
controlled committees, committees formed or existing primarily
to support or oppose candidates or local measures to be voted upon
in one city, and city general purpose committees shall file the
original and one copy with the clerk of the city and are not required
to file with the local elections official of the county in which they
are domiciled.

(e) Elected members of the Board of Administration of the
Public Employees’ Retirement System, elected members of the
Teachers’ Retirement Board, candidates for these offices, their
controlled committees, and committees formed or existing
primarily to support or oppose these candidates or elected members
shall file the original and one copy with the Secretary of State, and
a copy shall be filed at the relevant board’s office in Sacramento.
These elected officers, candidates, and committees need not file
with the elections official of the county in which they are
domiciled.

(f) Notwithstanding any other provision of this section, a
committee, candidate, or elected officer is not required to file more
than the original and one copy, or one copy, of a campaign
statement with any one county elections official or city clerk or
with the Secretary of State.

(g) If a committee is required to file campaign statements
required by Section begin delete 84200 end delete begin insert 84200, 84200.1, end insert or 84200.5 in places
designated in subdivisions (a) to (d), inclusive, it shall continue to
file these statements in those places, in addition to any other places
required by this title, until the end of the calendar year.

begin insert

begin insert SEC. 18. end insert   

end insert

begin insert Section 84218 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

84218.  

(a) A slate mailer organization shall file begin delete semiannual
campaign statements no later than July 31 for the period ending
June 30, and no later than January 31 for the period ending
December 31 end delete begin insert monthly campaign statements, as specified in Section
84200.1. A slate mailer organization shall also file quarterly
statements in an odd-numbered year, at the same time and covering
the same periods identified in subdivision (a) of Section 84200 end insert .

begin delete

(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)

end delete

begin insert (b) end insert  A slate mailer organization shall file two copies of its
campaign reports with the clerk of the county in which it is
domiciled begin insert . The campaign report shall be filed by online
transmission if the clerk of the county authorizes filing by online
transmission end insert . A slate mailer organization is domiciled at the
address listed on its statement of organization unless it is domiciled
outside California, in which case its domicile shall be deemed to
be Los Angeles County for purposes of this section.

In addition, slate mailer organizations shall file campaign reports
as follows:

(1) A slate mailer organization which produces one or more
slate mailers supporting or opposing candidates or measures voted
on in a state election, or in more than one county, shall file
campaign reports in the same manner as state general purpose
committees pursuant to subdivision (a) of Section 84215.

(2) A slate mailer organization which produces one or more
slate mailers supporting or opposing candidates or measures voted
on in only one county, or in more than one jurisdiction within one
county, shall file campaign reports in the same manner as county
general purpose committees pursuant to subdivision (c) of Section
84215.

(3) A slate mailer organization which produces one or more
slate mailers supporting or opposing candidates or measures voted
on in only one city shall file campaign reports in the same manner
as city general purpose committees pursuant to subdivision (d) of
Section 84215.

(4) Notwithstanding the above, no slate mailer organization
shall be required to file more than the original and one copy, or
two copies, of a campaign report with any one county or city clerk
or with the Secretary of State.

begin insert

begin insert SEC. 19. end insert   

end insert

begin insert Section 84252 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

84252.  

(a) A committee primarily formed to support or oppose
a LAFCO proposal shall file all statements required under this
chapter except that, in lieu of the statements required by Sections
84200 begin insert , 84200.1, end insert and 84202.3, the committee shall file monthly
campaign statements from the time circulation of a petition begins
until a measure is placed on the ballot or, if a measure is not placed
on the ballot, until the committee is terminated pursuant to Section
84214. The committee shall file an original and one copy of each
statement on the 15th day of each calendar month, covering the
prior calendar month, with the clerk of the county in which the
measure may be voted on. If the petition results in a measure that
is placed on the ballot, the committee thereafter shall file campaign
statements required by this chapter.

(b) In addition to any other statements required by this chapter,
a committee that makes independent expenditures in connection
with a LAFCO proposal shall file statements pursuant to Section
84203.5.

begin insert

begin insert SEC. 20. end insert   

end insert

begin insert Section 84305.5 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

84305.5.  

(a) No slate mailer organization or committee
primarily formed to support or oppose one or more ballot measures
shall send a slate mailer unless:

(1) The name, street address, and city of the slate mailer
organization or committee primarily formed to support or oppose
one or more ballot measures are shown on the outside of each piece
of slate mail and on at least one of the inserts included with each
piece of slate mail in no less than 8-point roman type which shall
be in a color or print which contrasts with the background so as
to be easily legible. A post office box may be stated in lieu of a
street address if the street address of the slate mailer organization
or the committee primarily formed to support or oppose one or
more ballot measure is a matter of public record with the Secretary
of State’s Political Reform Division.

(2) At the top or bottom of the front side or surface of at least
one insert or at the top or bottom of one side or surface of a
postcard or other self-mailer, there is a notice in at least 8-point
roman boldface type, which shall be in a color or print which
contrasts with the background so as to be easily legible, and in a
printed or drawn box and set apart from any other printed matter.
The notice shall consist of the following statement:

 

	NOTICE TO VOTERS
	THIS DOCUMENT WAS PREPARED BY (name of slate mailer organization or committee primarily formed to support or oppose one or more ballot measures), NOT AN OFFICIAL POLITICAL PARTY ORGANIZATION. Appearance in this mailer does not necessarily imply endorsement of others appearing in this mailer, nor does it imply endorsement of, or opposition to, any issues set forth in this mailer. begin delete Appearance is end delete begin insert Each item designated by an * has been end insert paid for and authorized by begin delete each end delete begin insert the end insert candidate begin delete and end delete begin insert or end insert ballot measure begin delete which is designated by an * end delete begin insert indicated. Each item designated by an @ has been paid for by a person other than the candidate or ballot measure end insert .

 

(3) The name, street address, begin delete and end delete city begin insert , and Internet Web site
address, if any, end insert of the slate mailer organization or committee
primarily formed to support or oppose one or more ballot measures
as required by paragraph (1) and the notice required by paragraph
(2) may appear on the same side or surface of an insert.

(4) Each candidate and each ballot measure that has paid to
appear in the slate mailer is designated by an *. begin insert Each candidate
and ballot measure whose appearance has been paid for by a third
party is designated by an @. end insert Any candidate or ballot measure that
has not paid to appear in the slate mailer begin insert , and whose appearance
has not been paid for by a third party, end insert is not designated by an *
begin insert or @ end insert .

The * begin insert and @ end insert required by this subdivision shall be of the same
type size, type style, color or contrast, and legibility as is used for
the name of the candidate or the ballot measure name or number
and position advocated to which the * begin insert or @ end insert designation applies
except that in no case shall the * begin insert and @ end insert be required to be larger
than 10-point boldface type. The designation shall immediately
follow the name of the candidate, or the name or number and
position advocated on the ballot measure where the designation
appears in the slate of candidates and measures. If there is no slate
listing, the designation shall appear at least once in at least 8-point
boldface type, immediately following the name of the candidate,
or the name or number and position advocated on the ballot
measure.

(5) The name of any candidate appearing in the slate mailer
who is a member of a political party differing from the political
party which the mailer appears by representation or indicia to
represent is accompanied, immediately below the name, by the
party designation of the candidate, in no less than 9-point roman
type which shall be in a color or print that contrasts with the
background so as to be easily legible. The designation shall not
be required in the case of candidates for nonpartisan office.

begin insert

(6) If a slate mailer is produced entirely in a language other
than English, the notice to voters required pursuant to paragraph
(2) shall produced in that language. If a substantial portion of a
slate mailer, as determined by the Commission by regulation, is
in a language other than English, the notice to voters required
pursuant to paragraph (2) shall be produced in both English and
the other language.

end insert

(b) For purposes of the designations required by paragraph (4)
of subdivision (a), the payment of any sum made reportable by
subdivision (c) of Section 84219 by or at the behest of a candidate
or committee, whose name or position appears in the mailer, to
the slate mailer organization or committee primarily formed to
support or oppose one or more ballot measures, shall constitute a
payment to appear, requiring the * designation. The payment shall
also be deemed to constitute authorization to appear in the mailer.

begin insert

begin insert SEC. 21. end insert   

end insert

begin insert Section 84310 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

84310.  

(a) A candidate, committee, or slate mailer organization
may not expend campaign funds, directly or indirectly, to pay for
telephone calls that are similar in nature and aggregate 500 or more
in number, made by an individual, or individuals, or by electronic
means and that advocate support of, or opposition to, a candidate,
ballot measure, or both, unless during the course of each call the
name of the organization that authorized or paid for the call is
disclosed to the recipient of the call. Unless the organization that
authorized the call and in whose name it is placed has filing
obligations under this title, and the name announced in the call
either is the full name by which the organization or individual is
identified in any statement or report required to be filed under this
title or is the name by which the organization or individual is
commonly known, the candidate, committee, or slate mailer
organization that paid for the call shall be disclosed. This section
shall not apply to telephone calls made by the candidate, the
campaign manager, or individuals who are volunteers.

(b) Campaign and ballot measure committees are prohibited
from contracting with any phone bank vendor that does not disclose
the information required to be disclosed by subdivision (a).

(c) A candidate, committee, or slate mailer organization that
pays for telephone calls as described in subdivision (a) shall
maintain a record of the script of the call for the period of time set
forth in Section 84104. If any of the calls qualifying under
subdivision (a) were recorded messages, a copy of the recording
shall be maintained for that period.

begin insert

(d) In addition to any requirements imposed by the Public
Utilities Commission, the Commission may regulate the use of
automatic dialing-announcing devices used to place telephone
calls to disseminate prerecorded messages that advocate support
of, or opposition to, a candidate, a ballot measure, or both.

end insert

begin insert

begin insert SEC. 22. end insert   

end insert

begin insert Section 84503 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

84503.  

(a) Any advertisement for or against any ballot measure
shall include a disclosure statement identifying any person whose
cumulative contributions are fifty thousand dollars ($50,000) or
more.

(b) If there are more than begin delete two end delete begin insert four end insert donors of fifty thousand
dollars ($50,000) or more, the committee is only required to
disclose the begin delete highest and second highest in that order end delete begin insert four highest
donors in descending order, beginning with the donor who has
made the largest cumulative contributions end insert . In the event that more
than begin delete two end delete begin insert four end insert donors meet this disclosure threshold at identical
contribution levels, the begin insert four end insert highest begin delete and second highest end delete begin insert donors end insert
shall be selected according to chronological sequence.

begin insert

begin insert SEC. 23. end insert   

end insert

begin insert Section 84503.5 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

begin insert

begin insert 84503.5. end insert   

(a) A television or video broadcast advertisement
that supports or opposes a candidate or ballot measure or solicits
contributions in support of that purpose shall, if the advertisement
is authorized by a candidate or an agent of the candidate, include
a statement in which the candidate identifies himself or herself
and states that the candidate has approved the message. The
candidate statement shall be made using an unobscured, full-screen
video of the candidate making the statement, or by using an
unobscured, full-screen, and clearly identifiable photographic
image of the candidate that is displayed during an audio voiceover
of the candidate reading the statement.

(b) An audio broadcast advertisement that supports or opposes
a candidate or ballot measure or solicits contributions in support
of that purpose shall, if the advertisement is authorized by a
candidate or an agent of the candidate, include an audio statement
in which the candidate identifies himself or herself and states that
the candidate has approved the message.

end insert

begin insert

begin insert SEC. 24. end insert   

end insert

begin insert Section 84504 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

84504.  

(a)  begin insert (1) end insert begin insert   end insert Any committee that supports or opposes one
or more ballot measures shall name and identify itself using begin delete a name
or phrase that clearly identifies the economic or other special
interest end delete begin insert the names end insert of its major donors of fifty thousand dollars
($50,000) or more in any reference to the committee required by
law, including, but not limited, to its statement of organization
filed pursuant to Section 84101.

begin insert

(2) Any committee that is required to include the names of its
major donors of fifty thousand dollars ($50,000) or more in the
name of the committee shall identify the top donors, not to exceed
the four largest donors, in descending order starting with the donor
who has made the largest cumulative contribution to the committee.
The identification of major donors of fifty thousand dollars
($50,000) or more shall precede the identification of, or reference
to, any other persons who support or oppose the ballot measure.

end insert

(b) If the major donors of fifty thousand dollars ($50,000) or
more share a common employer, the identity of the employer shall
also be disclosed.

(c) Any committee which supports or opposes a ballot measure,
shall print or broadcast its name as provided in this section as part
of any advertisement or other paid public statement.

(d) If candidates or their controlled committees, as a group or
individually, meet the contribution thresholds for a person, they
shall be identified by the controlling candidate’s name.

begin insert

begin insert SEC. 25. end insert   

end insert

begin insert Section 84506 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

84506.  

(a) An advertisement supporting or opposing a
candidate or ballot measure, that is paid for by an independent
expenditure, shall include a disclosure statement that identifies
both of the following:

(1) The name of the committee making the independent
expenditure.

(2) The names of the persons from whom the committee making
the independent expenditure has received its begin delete two end delete begin insert four end insert highest
cumulative contributions of fifty thousand dollars ($50,000) or
more during the 12-month period prior to the expenditure. If the
committee can show, on the basis that contributions are spent in
the order they are received, that contributions received from the
begin delete two end delete begin insert four end insert highest contributors have been used for expenditures
unrelated to the candidate or ballot measure featured in the
communication, the committee shall disclose the contributors
making the next largest cumulative contributions of fifty thousand
dollars ($50,000) or more.

(b) If an acronym is used to identify any committee names
required by this section, the names of any sponsoring organization
of the committee shall be printed on print advertisements or spoken
in broadcast advertisements.

begin insert

begin insert SEC. 26. end insert   

end insert

begin insert Section 84506.5 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

84506.5.  

An advertisement supporting or opposing a candidate
that is paid for by an independent expenditure must include a
statement that it was begin insert an independent expenditure end insert not authorized
by a candidate or a committee controlled by a candidate.

begin insert

begin insert SEC. 27. end insert   

end insert

begin insert Section 84508 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

84508.  

If disclosure of begin delete two end delete begin insert four end insert major donors is required by
Sections 84503 and 84506, the committee shall be required to
disclose, in addition to the committee name, only its highest major
contributor in any advertisement which is begin insert either of the following end insert :

(a) An electronic broadcast of 15 seconds or less begin delete , or end delete begin insert . end insert

(b) A newspaper, magazine, or other public print media
advertisement which is 20 square inches or less.

begin insert

begin insert SEC. 28. end insert   

end insert

begin insert Section 84509 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

84509.  

begin insert (a) end insert begin insert   end insert When a committee files an amended campaign
statement pursuant to Section 81004.5, the committee shall change
its advertisements to reflect the changed disclosure information.

begin insert

(b) If an amended campaign statement must be filed to reflect
a change in the name of the committee to identify a new major
donor of fifty thousand dollars ($50,000) or more, then the
disclosure on advertisements shall be amended as follows:

end insert begin insert

(1) A television, radio, or other electronic media advertisement
shall be amended to reflect the new committee name within three
calendar days.

end insert begin insert

(2) A print media advertisements, including billboards, shall
be updated to reflect the new committee name prior to placing a
new or modified order for additional printing of the advertisement.

end insert

begin insert

begin insert SEC. 29. end insert   

end insert

begin insert Section 84510 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

84510.  

(a) In addition to the remedies provided for in Chapter
11 (commencing with Section 91000) of this title, any person who
violates this article is liable in a civil or administrative action
brought by the commission or any person for a fine up to begin delete three end delete begin insert six end insert
times the cost of the advertisement, including placement costs.

(b) The remedies provided in subdivision (a) shall also apply
to any person who purposely causes any other person to violate
any provision of this article or who aids and abets any other person
in a violation.

(c) If a judgment is entered against the defendant or defendants
in an action brought under this section, the plaintiff shall receive
50 percent of the amount recovered. The remaining 50 percent
shall be deposited in the General Fund of the state. In an action
brought by a local civil prosecutor, 50 percent shall be deposited
in the account of the agency bringing the action and 50 percent
shall be paid to the General Fund of the state.

begin insert

begin insert SEC. 30. end insert   

end insert

begin insert Section 85701 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

85701.  

Any candidate or committee that receives a contribution
in violation of Section 84301 shall pay to the General Fund of the
state the amount of the contribution begin insert and pay to the Political
Disclosure, Accountability, Transparency, and Access Fund a fine
in the amount of 15 percent of th end insert begin insert e contribution end insert .

begin insert

begin insert SEC. 31. end insert   

end insert

begin insert Section 85704 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

85704.  

A person may not make any contribution to a committee
on the condition or with the agreement that it will be contributed
to any particular candidate begin insert or ballot measure committee end insert unless the
contribution is fully disclosed pursuant to Section 84302 begin insert . A person
who makes a contribution to a committee that violates this section
shall pay to the General Fund of the state the amount of the
contribution and pay to the Political Disclosure, Accountability,
Transparency, and Access Fund a fine in the amount of 15 percent
of the contribution end insert .

begin insert

begin insert SEC. 32. end insert   

end insert

begin insert Section 90002 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

90002.  

(a) Audits and investigations of lobbying firms and
lobbyist employers shall be performed on a biennial basis and shall
cover reports filed during a period of two years.

(b) If a lobbying firm or lobbyist employer keeps a separate
account for all receipts and payments for which reporting is
required by this chapter, the requirement of an audit under
subdivision (a) of Section 90001 shall be satisfied by an audit of
that account and the supporting documentation required to be
maintained by Section 86110.

(c) No audit or investigation of any candidate, controlled
committee, or committee primarily supporting or opposing a
candidate or a measure in connection with a report or statement
required by Chapter 4 of this title, shall begin until after the last
date for filing the first report or statement following the general,
runoff or special election for the office for which the candidate
ran, or following the election at which the measure was adopted
or defeated, except that audits and investigations of statewide
candidates, their controlled committees, and committees primarily
supporting or opposing those statewide candidates who were
defeated in the primary election and who are not required to file
statements for the general election may begin after the last date
for filing the first report or statement following the primary
election. When the campaign statements or reports of a candidate,
controlled committee, or a committee primarily supporting or
opposing a candidate are audited and investigated pursuant to
Section 90001, the audit and investigation shall cover all campaign
statements and reports filed for the primary and general or special
or runoff elections and any previous campaign statement or report
filed pursuant to Section 84200 begin insert , 84200.1, end insert or 84200.5 since the last
election for that office, but shall exclude any statements or reports
which have previously been audited pursuant to Section 90001 or
90003. When the campaign statements or reports of a committee
primarily supporting or opposing a measure are audited and
investigated, the audit and investigation shall cover all campaign
statements and reports from the beginning date of the first
campaign statement filed by the committee in connection with the
measure. For all other committees, the audit and investigation shall
cover all campaign statements filed during the previous two
calendar years.

begin insert

begin insert SEC. 33. end insert   

end insert

begin insert Section 90003 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

90003.  

begin insert (a) end insert begin insert   end insert In addition to the audits and investigations required
by Section 90001, the Franchise Tax Board and the begin delete commission end delete
begin insert Commission end insert may make investigations and audits with respect to
any reports or statements required by Chapter 4 (commencing with
Section 84100), Chapter 5 (commencing with Section 85100), or
Chapter 6 (commencing with Section 86100).

begin insert

(b) (1) Nothing in this chapter shall be construed to prohibit
the Commission from undertaking any audit authorized by this
section prior to the date of the election or prior to the date upon
which the report or statement is required to be filed. A candidate
or committee shall, during the audit, make all relevant records
available for immediate review by the Commission.

end insert begin insert

(2) A person who is subject to an audit authorized by this section
may contest the performance of the audit or an order issued by
the Commission as a result of an audit by seeking a writ of
mandate. Venue for the proceeding shall be exclusively in the
County of Sacramento. The action shall be given priority over all
other civil matters.

end insert begin insert

(3) In addition to any other remedies available to the
Commission, including injunctive relief pursuant to Section 91003,
the Commission may seek an injunction pursuant to Title 7
(commencing with Section 501) of Part 2 of the Code of Civil
Procedure to compel a person who is subject to an audit authorized
by this section to cooperate with the Commission in the
performance of the audit or to compel compliance with an order
of the Commission resulting from the audit. Notwithstanding any
other law, an appeal of an injunction issued in favor of the
Commission shall not result in a mandatory stay pending the
resolution of the appeal. A stay of an injunction pending resolution
of the appeal may be ordered at the discretion of the court issuing
the injunction.

end insert

begin insert

begin insert SEC. 34. end insert   

end insert

begin insert Section 91013 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

91013.  

(a) If begin delete any end delete begin insert a end insert person files an original statement or report
after begin delete any end delete begin insert the applicable end insert deadline imposed by this begin delete act end delete begin insert title end insert , he or
she shall, in addition to any other penalties or remedies established
by this begin delete act, end delete begin insert title, end insert be liable in the amount of begin delete ten end delete begin insert thirty end insert dollars begin delete ($10) end delete
begin insert ($30) end insert per day after the deadline until the statement or report is
filed, to the officer with whom the statement or report is required
to be filed. Liability need not be enforced by the filing officer if begin insert , end insert
on an impartial basis begin insert , end insert he or she determines that the late filing was
not willful and that enforcement of the liability will not further the
purposes of begin delete the act, end delete begin insert this title, end insert except that no liability shall be waived
if a statement or report is not filed within 30 days for a statement
of economic interest, other than a candidate’s statement filed
pursuant to Section 87201, five days for a campaign statement
required to be filed 12 days before an election, and 10 days for all
other statements or reports, after the filing officer has sent specific
written notice of the filing requirement.

(b) If begin delete any end delete begin insert a end insert person files a copy of a statement or report after
begin delete any end delete begin insert the applicable end insert deadline imposed by this begin delete act end delete begin insert title end insert , he or she
shall, in addition to any other penalties or remedies established by
this begin delete chapter, end delete begin insert title, end insert be liable in the amount of begin delete ten end delete begin insert thirty end insert dollars begin delete ($10) end delete
begin insert ($30) end insert per day, starting 10 days, or five days in the case of a
campaign statement required to be filed 12 days before an election,
after the begin insert filing end insert officer has sent specific written notice of the filing
requirement and until the statement begin insert or report end insert is filed.

(c) The begin insert filing end insert officer shall deposit any funds received under this
section into the general fund of the jurisdiction of which he or she
is an officer. No liability under this section shall exceed begin insert 150
percent of end insert the cumulative amount stated in the late statement or
report, or one begin delete hundred dollars ($100), end delete begin insert thousand dollars ($1,000), end insert
whichever is greater.

begin insert

begin insert SEC. 35. end insert   

end insert

begin insert Section 2872 of the end insert begin insert Public Utilities Code end insert begin insert is amended
to read: end insert

2872.  

(a) The connection of automatic dialing-announcing
devices to a telephone line is subject to this article and to the
jurisdiction, control, and regulation of the commission begin insert and, if the
automatic end insert begin insert dialing-announcing device is used to disseminate
prerecorded messages that advocate support of, or opposition to,
a candidate, a ballot measure, or both, to the jurisdiction, control,
and regulation of the Fair Political Practices Commission end insert .

(b) No person shall operate an automatic dialing-announcing
device except in accordance with this article. The use of such a
device by any person, either individually or acting as an officer,
agent, or employee of a person or corporation operating automatic
dialing-announcing devices, is subject to this article.

(c) No person shall operate an automatic dialing-announcing
device in this state to place a call that is received by a telephone
in this state during the hours between 9 p.m. and 9 a.m. California
time.

(d) This article does not prohibit the use of an automatic
dialing-announcing device by any person exclusively on behalf of
any of the following:

(1) A school for purposes of contacting parents or guardians of
pupils regarding attendance.

(2) An exempt organization under the Bank and Corporation
Tax Law (Part 11 (commencing with Section 23001) of Division
2 of the Revenue and Taxation Code) for purposes of contacting
its members.

(3) A privately owned or publicly owned cable television system
for purposes of contacting customers or subscribers regarding the
previously arranged installation of facilities on the premises of the
customer or subscriber.

(4) A privately owned or publicly owned public utility for
purposes of contacting customers or subscribers regarding the
previously arranged installation of facilities on the premises of the
customer or subscriber or for purposes of contacting employees
for emergency actions or repairs required for public safety or to
restore services.

(5) A petroleum refinery, chemical processing plant, or nuclear
powerplant for purposes of advising residents, public service
agencies, and the news media in its vicinity of an actual or potential
life-threatening emergency.

(e) This article does not prohibit law enforcement agencies, fire
protection agencies, public health agencies, public environmental
health agencies, city or county emergency services planning
agencies, or any private for-profit agency operating under contract
with, and at the direction of, one or more of these agencies, from
placing calls through automatic dialing-announcing devices, if
those devices are used for any of the following purposes:

(1) Providing public service information relating to public safety.

(2) Providing information concerning police or fire emergencies.

(3) Providing warnings of impending or threatened emergencies.

These calls shall not be subject to Section 2874.

(f) This article does not apply to any automatic
dialing-announcing device that is not used to randomly or
sequentially dial telephone numbers but that is used solely to
transmit a message to an established business associate, customer,
or other person having an established relationship with the person
using the automatic dialing-announcing device to transmit the
message, or to any call generated at the request of the recipient.

(g) The commission may determine any question of fact arising
under this section.

begin insert

begin insert SEC. 36. end insert   

end insert begin insert

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.

end insert

begin insert

begin insert SEC. 37. end insert   

end insert begin insert

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.

end insert

begin delete

SECTION 1.  

It is the intent of the Legislature to enact
legislation that would strengthen the Political Reform Act of 1974
and the campaign disclosure requirements within that act to
increase penalties for failing to properly disclose campaign
contributions, tighten the disclosure requirements on mass mailings
and campaign messages presented through television, and other
forms of media, and close the loophole associated with campaign
contributions from multipurpose groups and nonprofit
organizations.

end delete