BILL NUMBER: SB 2 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 6, 2013
AMENDED IN SENATE APRIL 23, 2013
AMENDED IN SENATE APRIL 17, 2013
AMENDED IN SENATE FEBRUARY 25, 2013
INTRODUCED BY Senators Lieu and Yee
DECEMBER 3, 2012
An act to amend Sections 84101, 84102, 84103,
84107, 84200, 84200.6, 84202.3, 84215, 84218, 84252, 84305.5,
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, relating to the Political Reform Act
of 1974.
LEGISLATIVE COUNSEL'S DIGEST
SB 2, as amended, Lieu. Political Reform Act of 1974.
(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 act 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.
This bill would repeal these reporting requirements. This bill
would establish quarterly statements, monthly statements, preelection
statements, postelection statements, and year-end statements for
filing, as specified.
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.
(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.
This bill would require that television, video, or audio broadcast
advertisements supporting or opposing a candidate or soliciting
contributions in support of that purpose that are authorized by a
candidate include a specified disclosure statement made by the
candidate.
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.
The bill would increase the maximum penalty for a violation of
these provisions to 6 times the amount of the costs of the
advertisement.
(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.
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.
(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.
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.
(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.
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.
(6) The act makes a knowing or willful violation of its provisions
a misdemeanor and subjects offenders to criminal penalties.
By expanding the scope of an existing crime, this bill would
impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
(7) 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.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 84101 of the Government Code is amended to
read:
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 Section 84200.5 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.
SEC. 2. Section 84102 of the Government Code is
amended to read:
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 each 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 also 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.
SEC. 3. SEC. 2. Section 84103 of the
Government Code is amended to read:
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 84200.5, 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.
SEC. 4. SEC. 3. Section 84107 of the
Government Code is amended to read:
84107. Within 10 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.
SEC. 5. SEC. 4. Section 84200 of the
Government Code is amended to read:
84200. (a) Except as otherwise provided in this section and
Section 84200.1, elected officers, candidates, committees, and slate
mailer organizations shall file quarterly statements each year, as
follows:
(1) No later than April 15 for the period ending March 31.
(2) No later than July 15 for the period ending June 30.
(3) No later than October 15 for the period ending September 30.
(4) No later than January 15 for the period ending December 31.
(b) A candidate who, during the past three months has filed a
declaration pursuant to Section 84206 shall not be required to file a
quarterly statement for that three-month period.
(c) Elected officers whose salaries are less than two hundred
dollars ($200) a month, judges, judicial candidates, and their
controlled committees shall not file quarterly statements pursuant to
this subdivision for any three-month period in which they have not
made or received any contributions or made any expenditures.
(d) 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 quarterly statements pursuant to this subdivision for any
three-month period in that year if both of the following apply:
(1) The judge has not received any contributions.
(2) 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).
(e) A candidate, committee, or slate mailer organization that is
subject to the requirements of Section 84200.1 to file monthly
statements during an even-numbered year shall not be required to file
quarterly statements during an even-numbered year.
SEC. 6. SEC. 5. Section 84200.1 is
added to the Government Code, to read:
84200.1. (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 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 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.
(c) (1) An elected official, candidate, committee, or slate mailer
organization may elect to file monthly statements in the manner
required by this section in lieu of filing quarterly statements
required by Section 84200. Candidates and committees for state
elective offices and state ballot measures that elect to file monthly
statements shall file a statement in writing to that effect with the
Commission and the Secretary of State. Candidates and committees for
local elective offices and local ballot measures that elect to file
monthly statements shall file a statement in writing to that effect
with the local filing officer.
(2) An entity that elects to file monthly statements in lieu of
quarterly statements shall file the monthly statement commencing with
the month in which the notification is filed, continuing each month
thereafter, and ending in December following the next regularly
scheduled statewide general election.
SEC. 7. SEC. 6. Section 84200.5 of
the Government Code is repealed.
SEC. 8. SEC. 7. Section 84200.5 is
added to the Government Code, to read:
84200.5. 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.
SEC. 9. SEC. 8. Section 84200.6 of
the Government Code is amended to read:
84200.6. In addition to the campaign statements required by
Sections 84200, 84200.1, and 84200.5, all candidates and committees
shall file the following special statements and reports:
(a) Postelection campaign statements when required by Section
84202.8.
(b) Yearend campaign statements when required by Section 84202.9.
(c) Late contribution reports when required by Section 84203.
(d) Independent expenditure reports when required by Section
84203.5.
(e) Late independent expenditure reports when required by Section
84204.
SEC. 10. SEC. 9. Section 84200.7 of
the Government Code is repealed.
SEC. 11. SEC. 10. Section 84200.8 of
the Government Code is repealed.
SEC. 12. SEC. 11. Section 84202.3 of
the Government Code is amended to read:
84202.3. (a) In addition to the campaign statements required by
Section 84200.1, 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 period
in which the committee is required to file preelection statements
pursuant to 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.
SEC. 13. SEC. 12. Section 84202.5 of
the Government Code is repealed.
SEC. 14. SEC. 13. Section 84202.7 of
the Government Code is repealed.
SEC. 15. SEC. 14. Section 84202.8 is
added to the Government Code, to read:
84202.8. 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 no later
than the 30th day following an election in which the officer or
candidate sought election or in which the officer, candidate, or
committee supported or opposed a candidate or ballot measure. 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 20th day
after that election.
SEC. 16. SEC. 15. Section 84202.9 is
added to the Government Code, to read:
84202.9. (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 yearend campaign statement. The yearend statement shall be filed
by January 31 of the year following the year of the election and
shall cover the time period starting on the 21st day following the
election and ending December 31 of the year in which the election
occurred.
(b) A candidate whose name appeared on a statewide primary
election ballot and that candidate's controlled committees shall not
be required to file a yearend statement if that candidate does not
receive sufficient votes to advance to the statewide general
election, unless the candidate or the candidate's controlled
committees expend funds to support or oppose another candidate or a
ballot measure that will be voted on at the statewide general
election. Nothing in this section shall be construed to alter
reporting requirements imposed by Sections 84200 and 84200.1.
(c) 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 yearend campaign statements
on a date and for a time period determined by the Commission by
regulation.
SEC. 17. SEC. 16. Section 84215 of
the Government Code is amended to read:
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 or
84200.1 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 84200, 84200.1, 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.
SEC. 18. SEC. 17. Section 84218 of
the Government Code is amended to read:
84218. (a) A slate mailer organization shall file 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.
(b) A slate mailer organization shall file two copies of its
campaign reports with the clerk of the county in which it is
domiciled. The campaign report shall be filed by online transmission
if the clerk of the county authorizes filing by online transmission.
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.
SEC. 19. SEC. 18. Section 84252 of the
Government Code is amended to read:
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,
84200.1, 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.
SEC. 20. SEC. 19. Section 84305.5 of
the Government Code is amended to read:
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. Each item designated |
| by an * has been paid for and authorized by |
| the candidate or ballot measure indicated. |
| Each item designated by an @ has been paid for |
| by a person other than the candidate or |
| ballot measure. |
| |
| |
(3) The name, street address, city, and Internet Web site address,
if any, 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 *. Each candidate and ballot
measure whose appearance has been paid for by a third party is
designated by an @. Any candidate or ballot measure that has not paid
to appear in the slate mailer, and whose appearance has not been
paid for by a third party, is not designated by an * or @.
The * and @ 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 * or @ designation applies except
that in no case shall the * and @ 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.
(6) If a slate mailer is produced entirely in a language other
than English, the notice to voters required pursuant to paragraph (2)
shall be 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.
(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.
SEC. 21. Section 84503 of the Government Code
is amended to read:
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 four donors of fifty thousand dollars
($50,000) or more, the committee is only required to disclose the
four highest donors in descending order, beginning with the donor who
has made the largest cumulative contributions. In the event that
more than four donors meet this disclosure threshold at identical
contribution levels, the four highest donors shall be selected
according to chronological sequence.
SEC. 22. SEC. 20. Section 84503.5 is
added to the Government Code, to read:
84503.5. (a) A television or video broadcast advertisement that
supports or opposes a candidate 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 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.
SEC. 23. Section 84504 of the Government Code
is amended to read:
84504. (a) (1) Any committee that supports or opposes one or more
ballot measures shall name and identify itself using the names 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.
(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.
(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.
SEC. 24. Section 84506 of the Government Code
is amended to read:
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 four 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 four 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.
SEC. 25. Section 84506.5 of the Government Code
is amended to read:
84506.5. An advertisement supporting or opposing a candidate that
is paid for by an independent expenditure must include a statement
that it was an independent expenditure not authorized by a candidate
or a committee controlled by a candidate.
SEC. 26. Section 84508 of the Government Code
is amended to read:
84508. If disclosure of four 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 either of the following:
(a) An electronic broadcast of 15 seconds or less.
(b) A newspaper, magazine, or other public print media
advertisement which is 20 square inches or less.
SEC. 27. Section 84509 of the Government Code
is amended to read:
84509. (a) 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.
(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:
(1) A television, radio, or other electronic media advertisement
shall be amended to reflect the new committee name within three
calendar days.
(2) A print media advertisement, 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.
SEC. 28. SEC. 21. Section 84510 of
the Government Code is amended to read:
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 six 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.
SEC. 29. SEC. 22. Section 85701 of
the Government Code is amended to read:
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 and pay to the Political
Disclosure, Accountability, Transparency, and Access Fund a fine in
the amount of 15 percent of the contribution.
SEC. 30. SEC. 23. Section 85704 of
the Government Code is amended to read:
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 or ballot measure committee unless the
contribution is fully disclosed pursuant to Section 84302. 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.
SEC. 31. SEC. 24. Section 90002 of
the Government Code is amended to read:
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, 84200.1, 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.
SEC. 32. SEC. 25. Section 90003 of
the Government Code is amended to read:
90003. (a) In addition to the audits and investigations required
by Section 90001, the Franchise Tax Board and the Commission 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).
(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.
(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.
(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.
SEC. 33. SEC. 26. Section 91013 of
the Government Code is amended to read:
91013. (a) If a person files an original statement or report
after the applicable deadline imposed by this title, he or she shall,
in addition to any other penalties or remedies established by this
title, be liable in the amount of thirty dollars ($30) 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, on an impartial basis,
he or she determines that the late filing was not willful and that
enforcement of the liability will not further the purposes of this
title, 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 a person files a copy of a statement or report after the
applicable deadline imposed by this title, he or she shall, in
addition to any other penalties or remedies established by this
title, be liable in the amount of thirty dollars ($30) 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 filing
officer has sent specific written notice of the filing requirement
and until the statement or report is filed.
(c) The filing 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 150
percent of the cumulative amount stated in the late statement or
report, or one thousand dollars ($1,000), whichever is greater.
SEC. 34. SEC. 27. 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. 35. SEC. 28. 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.