Amended in Senate May 15, 2013

Amended in Senate May 6, 2013

Amended in Senate April 23, 2013

Amended in Senate April 17, 2013

Amended in Senate February 25, 2013

Senate Bill No. 2

Introduced by Senators Lieu and Yee

December 3, 2012

An act to amend Sections begin delete 84101, 84103, end delete 84107, begin delete 84200, 84200.6, 84202.3, 84215, 84218, 84252, end delete 84305.5, 84510, 85701, 85704, begin delete 90002, end delete 90003, begin insert 91000, 91005, 91005.5, end insert and 91013 of, begin insert and end insert to add begin delete Sections 84200.1, 84202.8, 84202.9, and end delete begin insert Section end insert 84503.5 to, begin delete to repeal Sections 84200.7, 84200.8, 84202.5, and 84202.7 of, and to repeal and add Section 84200.5 of, end delete 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. begin delete 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. end delete begin insert The end insert begin insert act also imposes administrative, civil, and criminal fines and penalties for violations of its provisions. end insert

begin delete

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.

end delete

This bill would increase begin delete 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 end delete begin insert certain administrative, civil, and criminal fines and penalties imposed by the act, as specified end insert .

(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. 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 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:

begin delete

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 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.

end delete

begin insert

begin insert SECTION 1. end insert   

end insert begin insert

(a) The Legislature finds and declares all of the
following:

end insert begin insert

(1) The schedule by which elected officers, candidates,
committees, and slate mailer organizations are required to file
campaign statements should serve the goals of increased
transparency and simplified campaign disclosure requirements.

end insert begin insert

(2) The public benefits from transparency and timely disclosure
of information about contributions and expenditures.

end insert begin insert

(3) Candidates and campaigns benefit from a simple, easily
understood reporting schedule without a proliferation requirements
for special reports.

end insert begin insert

(4) A state filing schedule similar to that required in federal
campaigns can reduce the complexity of filing requirements for
some candidates and committees.

end insert begin insert

(b) It is the intent of the Legislature to enact legislation to
establish a schedule with more frequent, but more regular,
campaign statements that provide information when the public
most needs it and when it is most useful for enforcement of the
requirements of the Political Reform Act of 1974.

end insert

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

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.

begin delete

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. 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. 6.  

Section 84200.5 of the Government Code is repealed.

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. 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. 9.  

Section 84200.7 of the Government Code is repealed.

SEC. 10.  

Section 84200.8 of the Government Code is repealed.

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. 12.  

Section 84202.5 of the Government Code is repealed.

SEC. 13.  

Section 84202.7 of the Government Code is repealed.

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. 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. 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. 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. 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.

end delete

begin delete SEC. 19. end delete
begin insert SEC. 3. end insert   

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.

begin delete SEC. 20. end delete
begin insert SEC. 4. end insert   

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.

begin delete SEC. 21. end delete
begin insert SEC. 5. end insert   

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.

begin delete SEC. 22. end delete
begin insert SEC. 6. end insert   

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.

begin delete SEC. 23. end delete
begin insert SEC. 7. end insert   

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.

begin delete

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.

end delete

begin delete SEC. 25. end delete
begin insert SEC. 8. end insert   

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.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 91000 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

91000.  

(a) Any person who knowingly or willfully violates
any provision of this title is guilty of a misdemeanor.

(b) In addition to other penalties provided by law, a fine of up
to the greater of begin delete ten end delete begin insert fifteen end insert thousand dollars begin delete ($10,000) end delete begin insert ($15,000) end insert
or begin delete three end delete begin insert five end insert times the amount the person failed to report properly
or unlawfully contributed, expended, gave or received may be
imposed upon conviction for each violation.

(c) Prosecution for violation of this title must be commenced
within four years after the date on which the violation occurred.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 91005 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

91005.  

(a) Any person who makes or receives a contribution,
gift, or expenditure in violation of Section 84300, 84304, 86203,
or 86204 is liable in a civil action brought by the civil prosecutor
or by a person residing within the jurisdiction for an amount up to
one thousand begin insert five hundred end insert dollars begin delete ($1,000) end delete begin insert ($ end insert begin insert 1, end insert begin insert 500) end insert or begin delete three end delete begin insert five end insert
times the amount of the unlawful contribution, gift, or expenditure,
whichever amount is greater.

(b) Any designated employee or public official specified in
Section 87200, except an elected state officer, who realizes an
economic benefit as a result of a violation of Section 87100 or of
a disqualification provision of a conflict of interest code is liable
in a civil action brought by the civil prosecutor or by a person
residing within the jurisdiction for an amount up to three times the
value of the benefit.

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 91005.5 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

91005.5.  

Any person who violates any provision of this title,
except Sections 84305, 84307, and 89001, for which no specific
civil penalty is provided, shall be liable in a civil action brought
by the commission or the district attorney pursuant to subdivision
(b) of Section 91001, or the elected city attorney pursuant to
Section 91001.5, for an amount up to begin delete five end delete begin insert seven end insert thousand dollars
begin delete ($5,000) end delete begin insert ($7,000) end insert per violation.

No civil action alleging a violation of this title may be filed
against a person pursuant to this section if the criminal prosecutor
is maintaining a criminal action against that person pursuant to
Section 91000.

The provisions of this section shall be applicable only as to
violations occurring after the effective date of this section.

begin delete SEC. 26. end delete
begin insert SEC. 12. end insert   

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.

begin delete SEC. 27. end delete
begin insert SEC. 13. end 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.

begin delete SEC. 28. end delete
begin insert SEC. 14. end 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.