BILL NUMBER: SB 268 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Gaines
FEBRUARY 13, 2013
An act to amend Section 170.1 of the Code of Civil Procedure, and
to amend Sections 56100.1, 82036.5, 83124, 84101, 84103, 84108,
84203.3, 84203.5, 84204, 84204.5, 84215, 84216, 84218, 84300, 84308,
84602, 84605, 85304, 85304.5, 85306, 85310, 85315, 85316, 85501,
89510, 89511.5, 89512.5, 89513, and 90002 of, to repeal Sections
84200.5, 84200.6, 84200.7, 84200.8, 84200.9, 84202.3, 84202.5,
84202.7, 84203, 84205, 84206, 84209, 84211, 84216.5, 84220, 84302,
85300, 85301, 85302, 85303, 85305, 85307, 85309, 85314, 85320, 85321,
85701, 85702, and 85704 of, to repeal Article 2.5 (commencing with
Section 84250) of Chapter 4 of Title 9 of, and to repeal and add
Section 84200 of, the Government Code, relating to the Political
Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
SB 268, as introduced, Gaines. Political Reform Act of 1974.
The Political Reform Act of 1974 imposes various limitations on
contributions that may be made to, or accepted by, candidates for
elective office and campaign committees that support or oppose
candidates and ballot measures, including, among other things,
limiting the maximum dollar amount of contributions that may be
accepted by candidates for elective state office, prohibiting
candidates from accepting public funds for the purpose of seeking
public office, limiting contributions to an officer of an agency from
a party who has a financial interest in a permit or license
proceeding before that agency, and prohibiting elected state officers
or candidates for elective state office from accepting contributions
from lobbyists registered to lobby the governmental agency of which
the elected official is a member or for which the candidate seeks
election.
This bill would repeal limitations on contributions that may be
made to, or accepted by, candidates for elective office.
The act requires candidates and committees to file specified
campaign finance reports, including semiannual statements,
preelection statements, supplemental preelection statements, and late
contribution reports, that include prescribed campaign finance
information.
This bill would repeal the requirements to file these reports and
would, instead, require that a candidate or committee who makes or
receives a contribution of $100 or more to report that contribution
to specified filing officers within 24 hours of receiving the
contribution. The bill would require a candidate or committee making
the contribution to report his, her, or its full name and address,
the full name and address of the recipient, the office sought by the
candidate or the ballot measure, as appropriate, and the date and
amount of the contribution. The bill would require the recipient of
the contribution to report his, her, or its full name and address,
the date and amount of the contribution, whether the contribution is
in the form of a loan, and the full name of the contributor, and his
or her street address, occupation, and employer or the name of the
business, if self-employed.
The bill would require a candidate or committee that makes an
expenditure of $100 or more to report the expenditure to specified
filing officers within 24 hours. The bill would require the candidate
or committee making the expenditure to report his, her, or its full
name and street address, the amount of the expenditure, the full name
and street address for the person to whom the expenditure was made,
and a brief description of the consideration for which the
expenditure was made. The bill would require the disclosure of
additional information if the expenditure is a contribution to a
candidate, elected officer, or committee or an independent
expenditure to support or oppose a candidate or measure.
The bill would require a candidate or committee who is required
to report a contribution or expenditure to the Secretary of State to
file that report online or by electronic transmission only.
The bill would also make conforming changes.
By increasing the duties of local government officials, 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.
The Political Reform Act of 1974, an initiative measure, provides
that the act may be amended by a statute that becomes effective upon
approval of the voters.
This bill would require the Secretary of State to submit the
provisions of the bill that would amend the Political Reform Act of
1974 to the voters for approval at a statewide election, as
specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 170.1 of the Code of Civil Procedure is amended
to read:
170.1. (a) A judge shall be disqualified if any one or more of
the following are true:
(1) (A) The judge has personal knowledge of disputed evidentiary
facts concerning the proceeding.
(B) A judge shall be deemed to have personal knowledge within the
meaning of this paragraph if the judge, or the spouse of the judge,
or a person within the third degree of relationship to either of
them, or the spouse of such a person , is to the judge's
knowledge likely to be a material witness in the proceeding.
(2) (A) The judge served as a lawyer in the proceeding, or in any
other proceeding involving the same issues he or she served as a
lawyer for a party in the present proceeding , or gave
advice to a party in the present proceeding upon a matter involved in
the action or proceeding.
(B) A judge shall be deemed to have served as a lawyer in the
proceeding if within the past two years:
(i) A party to the proceeding, or an officer, director, or trustee
of a party, was a client of the judge when the judge was in the
private practice of law or a client of a lawyer with whom the judge
was associated in the private practice of law.
(ii) A lawyer in the proceeding was associated in the private
practice of law with the judge.
(C) A judge who served as a lawyer for, or officer of, a public
agency that is a party to the proceeding shall be deemed to have
served as a lawyer in the proceeding if he or she personally advised
or in any way represented the public agency concerning the factual or
legal issues in the proceeding.
(3) (A) The judge has a financial interest in the subject matter
in a proceeding or in a party to the proceeding.
(B) A judge shall be deemed to have a financial interest within
the meaning of this paragraph if:
(i) A spouse or minor child living in the household has a
financial interest.
(ii) The judge or the spouse of the judge is a fiduciary who has a
financial interest.
(C) A judge has a duty to make reasonable efforts to inform
himself or herself about his or her personal and fiduciary interests
and those of his or her spouse and the personal financial interests
of children living in the household.
(4) The judge, or the spouse of the judge, or a person within the
third degree of relationship to either of them, or the spouse of such
a person , is a party to the proceeding or an officer,
director, or trustee of a party.
(5) A lawyer or a spouse of a lawyer in the proceeding is the
spouse, former spouse, child, sibling, or parent of the judge or the
judge's spouse or if such a person is associated in the private
practice of law with a lawyer in the proceeding.
(6) (A) For any reason:
(i) The judge believes his or her recusal would further the
interests of justice.
(ii) The judge believes there is a substantial doubt as to his or
her capacity to be impartial.
(iii) A person aware of the facts might reasonably entertain a
doubt that the judge would be able to be impartial.
(B) Bias or prejudice toward a lawyer in the proceeding may be
grounds for disqualification.
(7) By reason of permanent or temporary physical impairment, the
judge is unable to properly perceive the evidence or is unable to
properly conduct the proceeding.
(8) (A) The judge has a current arrangement concerning prospective
employment or other compensated service as a dispute resolution
neutral or is participating in, or , within the
last two years has participated in, discussions regarding prospective
employment or service as a dispute resolution neutral, or has been
engaged in that employment or service, and any of the following
applies:
(i) The arrangement is, or the prior employment or discussion was,
with a party to the proceeding.
(ii) The matter before the judge includes issues relating to the
enforcement of either an agreement to submit a dispute to an
alternative dispute resolution process or an award or other final
decision by a dispute resolution neutral.
(iii) The judge directs the parties to participate in an
alternative dispute resolution process in which the dispute
resolution neutral will be an individual or entity with whom the
judge has the arrangement, has previously been employed or served, or
is discussing or has discussed the employment or service.
(iv) The judge will select a dispute resolution neutral or entity
to conduct an alternative dispute resolution process in the matter
before the judge, and among those available for selection is an
individual or entity with whom the judge has the arrangement, with
whom the judge has previously been employed or served, or with whom
the judge is discussing or has discussed the employment or service.
(B) For the purposes of this paragraph, all of the following
apply:
(i) "Participating in discussions" or "has participated in
discussion" means that the judge solicited or otherwise indicated an
interest in accepting or negotiating possible employment or service
as an alternative dispute resolution neutral, or responded to an
unsolicited statement regarding, or an offer of, that employment or
service by expressing an interest in that employment or service,
making an inquiry regarding the employment or service, or encouraging
the person making the statement or offer to provide additional
information about that possible employment or service. If a judge's
response to an unsolicited statement regarding, a question about, or
offer of, prospective employment or other compensated service as a
dispute resolution neutral is limited to responding negatively,
declining the offer, or declining to discuss that employment or
service, that response does not constitute participating in
discussions.
(ii) "Party" includes the parent, subsidiary, or other legal
affiliate of any entity that is a party and is involved in the
transaction, contract, or facts that gave rise to the issues subject
to the proceeding.
(iii) "Dispute resolution neutral" means an arbitrator, mediator,
temporary judge appointed under Section 21 of Article VI of the
California Constitution, referee appointed under Section 638 or 639,
special master, neutral evaluator, settlement officer, or settlement
facilitator.
(9) (A) The judge has received a contribution in excess of one
thousand five hundred dollars ($1500)
($1,500) from a party or lawyer in the proceeding, and either
of the following applies:
(i) The contribution was received in support of the judge's last
election, if the last election was within the last six years.
(ii) The contribution was received in anticipation of an upcoming
election.
(B) Notwithstanding subparagraph (A), the judge shall be
disqualified based on a contribution of a lesser amount if
subparagraph (A) of paragraph (6) applies.
(C) The judge shall disclose any contribution from a party or
lawyer in a matter that is before the court that is required to be
reported under subdivision (f) of Section
84211 84200 of the Government Code, even if the
amount would not require disqualification under this paragraph. The
manner of disclosure shall be the same as that provided in Canon 3E
of the Code of Judicial Ethics.
(D) Notwithstanding paragraph (1) of subdivision (b) of Section
170.3, the disqualification required under this paragraph may be
waived by the party that did not make the contribution unless there
are other circumstances that would prohibit a waiver pursuant to
paragraph (2) of subdivision (b) of Section 170.3.
(b) A judge before whom a proceeding was tried or heard shall be
disqualified from participating in any appellate review of that
proceeding.
(c) At the request of a party or on its own motion an appellate
court shall consider whether in the interests of justice it should
direct that further proceedings be heard before a trial judge other
than the judge whose judgment or order was reviewed by the appellate
court.
SEC. 2. Section 56100.1 of the Government Code is amended to read:
56100.1. (a) Contributions and expenditures for political
purposes related to a proposal or proceeding shall be disclosed and
reported pursuant to Article 2.5 2
(commencing with Section 84250) 84200)
of Chapter 4 of the Political Reform Act of 1974 (Title 9 (commencing
with Section 81000)).
(b) A commission may require, through the adoption of written
policies and procedures, additional disclosure of contributions in
support of or opposition to a proposal, which shall be made either to
the commission's executive officer, in which case it shall be posted
on the commission's Internet Web site, if applicable, or to the
board of supervisors of the county in which the commission is
located, which may designate a county officer to receive the
disclosure. Disclosure pursuant to a requirement under the authority
provided in this section shall be in addition to any disclosure
otherwise required by Section 56700.1, 57009, or local ordinance.
SEC. 3. Section 82036.5 of the Government Code is amended to read:
82036.5. "Late independent expenditure" means an
any independent expenditure that totals in the
aggregate one thousand dollars ($1,000) or more and is made for or
against a any specific candidate or
measure involved in an election within 90 the
12 days before the date of the election. For purposes of the
Board of Administration of the Public Employees' Retirement System
and the Teachers' Retirement Board, "the date of the election" is the
deadline to return ballots.
SEC. 4. Section 83124 of the Government Code is amended to read:
83124. The commission shall adjust the contribution
limitations and voluntary expenditure limitations
provisions in Sections 85301, 85302, 85303, and
Section 85400 in January of every odd-numbered year to
reflect any increase or decrease in the Consumer Price Index. Those
adjustments shall be rounded to the nearest one hundred
dollars ($100) for limitations on contributions and one
thousand dollars ($1,000) for limitations on expenditures
.
SEC. 5. 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 within the 12 days
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 statements, the
election pursuant to Section 84200.7, 84200.8, 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 Section 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. 6. 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
within the 12 days 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 campaign statement required
to be filed for the election pursuant to Section 84200.7 or 84200.8
, 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. 7. Section 84108 of the Government Code is amended to read:
84108. (a) Every slate mailer organization shall comply with the
requirements of Sections 84100, 84101, 84103, and 84104.
(b) The statement of organization of a slate mailer organization
shall include:
(1) The name, street address, and telephone number of the
organization. In the case of an individual or business entity that
qualifies as a slate mailer organization, the name of the slate
mailer organization shall include the name by which the individual or
entity is identified for legal purposes. Whenever identification of
a slate mailer organization is required by this title, the
identification shall include the full name of the slate mailer
organization as contained in its statement of organization.
(2) The full name, street address, and telephone number of the
treasurer and other principal officers.
(3) The full name, street address, and telephone number of each
person with final decisionmaking authority as to which candidates or
measures will be supported or opposed in the organization's slate
mailers.
(c) The statement of organization shall be filed with the
Secretary of State within 10 days after the slate mailer organization
receives or is promised five hundred dollars ($500) or more for
producing one or more slate mailers. However, if an entity qualifies
as a slate mailer organization within the 12 days before
the date of an election in which it is required to file
preelection statements, but after the closing date of the last
campaign statement required to be filed before
statements, the election pursuant to
Section 84218, the slate mailer organization shall file
with the Secretary of State, by facsimile transmission, guaranteed
overnight delivery, or personal delivery within 24 hours of
qualifying as a slate mailer organization, the information required
to be reported in the statement of organization.
SEC. 8. Section 84200 of the Government Code is repealed.
84200. (a) Except as provided in paragraphs (1), (2), and (3),
elected officers, candidates, and committees pursuant to subdivision
(a) of Section 82013 shall file semiannual statements each year no
later than July 31 for the period ending June 30, and no later than
January 31 for the period ending December 31.
(1) A candidate who, during the past six months has filed a
declaration pursuant to Section 84206 shall not be required to file a
semiannual statement for that six-month period.
(2) Elected officers whose salaries are less than two hundred
dollars ($200) a month, judges, judicial candidates, and their
controlled committees shall not file semiannual statements pursuant
to this subdivision for any six-month period in which they have not
made or received any contributions or made any expenditures.
(3) 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 semiannual statements pursuant to this subdivision for any
six-month period in that year if both of the following apply:
(A) The judge has not received any contributions.
(B) 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).
(b) All committees pursuant to subdivision (b) or (c) of Section
82013 shall file campaign statements each year no later than July 31
for the period ending June 30, and no later than January 31 for the
period ending December 31, if they have made contributions or
independent expenditures, including payments to a slate mailer
organization, during the six-month period before the closing date of
the statements.
SEC. 9. Section 84200 is added to the Government Code, to read:
84200. (a) (1) Each candidate or committee that makes or receives
a contribution of one hundred dollars ($100) or more shall report
the contribution to each office with which the candidate or committee
is required to file its statements pursuant to Section 84215 or
84218. The candidate or committee that makes the contribution shall
report his or her full name and street address and the full name and
street address of the person to whom the contribution has been made,
the office sought if the recipient is a candidate, or the ballot
measure number or letter if the recipient is a committee primarily
formed to support or oppose a ballot measure, and the date and amount
of the contribution. The recipient of the contribution shall report
his or her full name and street address, the date and amount of the
contribution, and whether the contribution was made in the form of a
loan. The recipient shall also report the full name of the
contributor, his or her street address, occupation, and the name of
his or her employer, or if self-employed, the name of the business.
(2) A contribution need not be reported, nor shall it be deemed
accepted, if it is not cashed, negotiated, or deposited and is
returned to the contributor within 24 hours of its receipt.
(b) Each candidate or committee that makes an expenditure of one
hundred dollars ($100) or more shall report the expenditure to each
office with which the candidate or committee is required to file its
statements pursuant to Section 84215 or 84218. The candidate or
committee that makes the expenditure shall report his or her full
name and street address, the amount of the expenditure, the full name
and street address for the person to whom the expenditure was made,
and a brief description of the consideration for which the
expenditure was made. In the case of an expenditure that is a
contribution to a candidate, elected officer, or committee or an
independent expenditure to support or oppose a candidate or measure,
the report shall also include the date of the contribution or
independent expenditure, the cumulative amount of contributions made
to the candidate, elected officer, or committee, or the cumulative
amount of independent expenditures made relative to a candidate or
measure, the full name of the candidate, and the office and district
for which he or she seeks nomination or election, or the number or
letter of the measure, and the jurisdiction in which the measure or
candidate is voted upon.
(c) A contribution or expenditure shall be reported by facsimile
transmission, guaranteed overnight delivery, or personal delivery
within 24 hours of the time it is made in the case of the candidate
or committee that makes the contribution and within 24 hours of the
time it is received in the case of the recipient. If a contribution
or expenditure is required to be reported to the Secretary of State,
the report to the Secretary of State shall be by online or electronic
transmission only.
SEC. 10. Section 84200.5 of the Government Code is repealed.
84200.5. In addition to the campaign statements required by
Section 84200, elected officers, candidates, and committees shall
file preelection statements as follows:
(a) During an even-numbered year, all candidates for elective
state office being voted upon in the statewide direct primary
election or the statewide general election, their controlled
committees, and committees primarily formed to support or oppose an
elected state officer or a state candidate being voted upon shall
file the applicable preelection statements specified in Section
84200.7 or 84200.8. All elected state officers who, during the
applicable reporting periods covered by Section 84200.7 or 84200.8,
contribute to any committee required to report receipts,
expenditures, or contributions pursuant to this title, or make an
independent expenditure, shall file the applicable preelection
statements specified in Section 84200.7 or 84200.8. However, a
candidate for an office that is not being voted upon in the November
election, his or her controlled committee, and any committee
primarily formed to support or oppose that candidate is not required
to file statements in connection with the November election pursuant
to subdivision (b) of Section 84200.7 unless, during the reporting
periods covered by Section 84200.7, the candidate, his or her
controlled committee, or any committee primarily formed to support or
oppose that candidate contributes to any committee required to
report receipts, expenditures, or contributions pursuant to this
title or makes independent expenditures.
(b) During an even-numbered year, all candidates not specified in
subdivision (a) who are running for offices being voted upon on the
first Tuesday after the first Monday in June or November, their
controlled committees, and committees primarily formed to support or
oppose those candidates or a measure being voted upon on the first
Tuesday after the first Monday in June or November of an
even-numbered year shall file the preelection statements specified in
subdivision (a) of Section 84200.7 in the case of a June election,
or subdivision (b) of Section 84200.7 in the case of a November
election.
(c) All candidates for offices being voted upon on a date other
than the first Tuesday after the first Monday in June or November of
an even-numbered year, their controlled committees, and committees
primarily formed to support or oppose a candidate or a measure being
voted upon on a date other than the first Tuesday after the first
Monday in June or November of an even-numbered year shall file the
preelection statements specified in Section 84200.8.
(d) During an election period for the Board of Administration of
the Public Employees' Retirement System or the Teachers' Retirement
Board, all candidates for these boards, their controlled committees,
and committees primarily formed to support or oppose the candidates
shall file the preelection statements specified in Section 84200.9.
(e) In an even-numbered year in which the statewide direct primary
election is held on the first Tuesday after the first Monday in
June, a state or county general purpose committee formed pursuant to
subdivision (a) of Section 82013, other than a political party
committee as defined in Section 85205, shall file the preelection
statements specified in Section 84200.7 if it makes contributions or
independent expenditures totaling five hundred dollars ($500) or more
during the period covered by the preelection statement. A state or
county general purpose committee formed pursuant to subdivision (b)
or (c) of Section 82013 is not required to file the statements
specified in Section 84200.7.
(f) During an even-numbered year in which the statewide
direct primary election is held on a date other than the first
Tuesday after the first Monday in June, a state or county general
purpose committee formed pursuant to subdivision (a) of Section
82013, other than a political party committee as defined in Section
85205, shall file the preelection statements specified in Section
84200.8 if it makes contributions or independent expenditures
totaling five hundred dollars ($500) or more during the period
covered by the preelection statement. A state or county general
purpose committee formed pursuant to subdivision (b) or (c) of
Section 82013 is not required to file the statements specified in
Section 84200.8.
(g) During an election period for the Board of Administration of
the Public Employees' Retirement System or the Teachers' Retirement
Board, a state or county general purpose committee formed pursuant to
subdivision (a) of Section 82013 shall file the preelection
statements specified in Section 84200.9 if it makes contributions or
independent expenditures totaling five hundred dollars ($500) or more
during the period covered by the preelection statement to support or
oppose a candidate, or a committee primarily formed to support or
oppose a candidate, on the ballot for the Board of Administration of
the Public Employees' Retirement System or the Teachers' Retirement
Board. A state or county general purpose committee formed pursuant to
subdivision (b) or (c) of Section 82013 is not required to file the
statements specified in Section 84200.9.
(h) A political party committee as defined in Section 85205 shall
file the applicable preelection statements specified in Section
84200.7 or 84200.8 in connection with a state election if the
committee receives contributions totaling one thousand dollars
($1,000) or more, or if it makes contributions or independent
expenditures totaling five hundred dollars ($500) or more, during the
period covered by the preelection statement.
(i) City general purpose committees shall file statements as
follows:
(1) City general purpose committees in a city that has an election
on the first Tuesday after the first Monday in June or November of
an even-numbered year shall file the statements specified in
subdivision (a) or (b) of Section 84200.7 for the six-month period in
which the city election is held, if they make contributions or
independent expenditures totaling five hundred dollars ($500) or more
during the period covered by the preelection statement.
(2) City general purpose committees in a city that has an election
on a date other than the first Tuesday after the first Monday in
June or November of an even-numbered year shall file the preelection
statements specified in Section 84200.8 if they make contributions or
independent expenditures totaling five hundred dollars ($500) or
more during the period covered by the preelection statement.
SEC. 11. Section 84200.6 of the Government Code is repealed.
84200.6. In addition to the campaign statements required by
Sections 84200 and 84200.5, all candidates and committees shall file
the following special statements and reports:
(a) Supplemental preelection statements when required by Section
84202.5.
(b) Late contribution reports when required by Section 84203.
(c) Independent expenditure reports when required by Section
84203.5.
(d) Late independent expenditure reports when required by Section
84204.
SEC. 12. Section 84200.7 of the Government Code is repealed.
84200.7. (a) Preelection statements for the June election period
shall be filed as follows:
(1) For the period ending March 17, a statement to be filed no
later than March 22. However, for a special election called after
March 17, or for which the period for filing nomination documents, as
defined in Section 333 of the Elections Code, ends after March 17, a
preelection statement for the period ending 45 days before the
election shall be filed no later than 40 days before the election.
(2) For the period ending 17 days before the election, a statement
to be filed no later than 12 days before the election. All
candidates being voted upon in the June election, their controlled
committees, and committees formed primarily to support or oppose a
candidate or measure being voted upon in the June election shall file
this statement by guaranteed overnight delivery service or by
personal delivery.
(b) Preelection statements for the November election period shall
be filed as follows:
(1) For the period ending September 30, a statement to be filed no
later than October 5.
(2) For the period ending 17 days before the election, a statement
to be filed no later than 12 days before the election. All
candidates being voted upon in the November election, their
controlled committees, and committees formed primarily to support or
oppose a candidate or measure being voted upon in the November
election shall file this statement by guaranteed overnight delivery
service or by personal delivery.
SEC. 13. Section 84200.8 of the Government Code is repealed.
84200.8. Preelection statements shall be filed under this section
as follows:
(a) For the period ending 45 days before the election, the
statement shall be filed no later than 40 days before the election.
(b) For the period ending 17 days before the election, the
statement shall be filed no later than 12 days before the election.
All candidates being voted upon in the election in connection with
which the statement is filed, their controlled committees, and
committees formed primarily to support or oppose a candidate or
measure being voted upon in that election shall file this statement
by guaranteed overnight delivery service or by personal delivery.
(c) For runoff elections held within 60 days of the qualifying
election, an additional preelection statement for the period ending
17 days before the runoff election shall be filed no later than 12
days before the election. All candidates being voted upon in the
election in connection with which the statement is filed, their
controlled committees, and committees formed primarily to support or
oppose a candidate or measure being voted upon in that election shall
file this statement by guaranteed overnight delivery service or
personal delivery.
SEC. 14. Section 84200.9 of the Government Code is repealed.
84200.9. Preelection statements for an election period for the
Board of Administration of the Public Employees' Retirement System or
the Teachers' Retirement Board shall be filed as follows:
(a) For the period ending five days before the beginning of the
ballot period, as determined by the relevant board, a statement shall
be filed no later than two days before the beginning of the ballot
period.
(b) For the period ending five days before the deadline to return
ballots, as determined by the relevant board, a statement shall be
filed no later than two days before the deadline to return ballots.
(c) In the case of a runoff election, for the period ending five
days before the deadline to return runoff ballots, as determined by
the relevant board, a statement shall be filed no later than two days
before the deadline to return runoff ballots.
(d) All candidates being voted upon, their controlled committees,
and committees primarily formed to support or oppose a candidate
being voted upon in that election shall file the statements specified
in subdivisions (b) and (c) by guaranteed overnight delivery service
or by personal delivery.
SEC. 15. Section 84202.3 of the Government Code is repealed.
84202.3. (a) In addition to the campaign statements required by
Section 84200, 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
semiannual period in which the committee is required to file
preelection statements pursuant to subdivision (a), (b), or (c) of
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. 16. Section 84202.5 of the Government Code is repealed.
84202.5. (a) Any candidate or any committee pursuant to
subdivision (a) of Section 82013 which makes contributions totaling
ten thousand dollars ($10,000) or more in connection with an
election, including a runoff election, shall file a supplemental
preelection statement no later than 12 days before the election, for
the period ending 17 days before the election. This statement shall
be filed by guaranteed overnight delivery service or by personal
delivery with each office with which the candidate or committee
filing the statement is required to file its next campaign statement
pursuant to Section 84215.
(b) This section shall not apply to candidates or committees
during any semiannual period in which the candidate or committee is
required to file preelection statements pursuant to Section 84200.5.
(c) If a candidate or committee makes contributions totaling ten
thousand dollars ($10,000) or more in connection with an election and
all of those contributions are reported pursuant to Section 84200 or
84202.7 on or before the closing date specified in subdivision (a),
the candidate or committee shall not be required to file additional
statements for that period pursuant to this section.
SEC. 17. Section 84202.7 of the Government Code is repealed.
84202.7. (a) Except as provided in subdivision (b), during an
odd-numbered year, any committee by virtue of Section 82013 that
makes contributions totaling ten thousand dollars ($10,000) or more
to elected state officers, their controlled committees, or committees
primarily formed to support or oppose any elected state officer
during a period specified below shall file campaign statements on the
following dates:
(1) No later than April 30 for the period of January 1 through
March 31.
(2) No later than October 31 for the period of July 1 through
September 30.
(b) If a committee makes contributions totaling ten thousand
dollars ($10,000) or more to elected state officers, their controlled
committees, or committees primarily formed to support or oppose any
elected state officer during a period specified in subdivision (a),
and all of those contributions are reported pursuant to Section
84202.5 on or before the time specified in subdivision (a), the
committee shall not be required to file additional statements for
that period pursuant to this section.
SEC. 18. Section 84203 of the Government Code is repealed.
84203. (a) Each candidate or committee that makes or receives a
late contribution, as defined in Section 82036, shall report the late
contribution to each office with which the candidate or committee is
required to file its next campaign statement pursuant to Section
84215. The candidate or committee that makes the late contribution
shall report his or her full name and street address and the full
name and street address of the person to whom the late contribution
has been made, the office sought if the recipient is a candidate, or
the ballot measure number or letter if the recipient is a committee
primarily formed to support or oppose a ballot measure, and the date
and amount of the late contribution. The recipient of the late
contribution shall report his or her full name and street address,
the date and amount of the late contribution, and whether the
contribution was made in the form of a loan. The recipient shall also
report the full name of the contributor, his or her street address,
occupation, and the name of his or her employer, or if self-employed,
the name of the business.
(b) A late contribution shall be reported by facsimile
transmission, guaranteed overnight delivery, or personal delivery
within 24 hours of the time it is made in the case of the candidate
or committee that makes the contribution and within 24 hours of the
time it is received in the case of the recipient. If a late
contribution is required to be reported to the Secretary of State,
the report to the Secretary of State shall be by online or electronic
transmission only. A late contribution shall be reported on
subsequent campaign statements without regard to reports filed
pursuant to this section.
(c) A late contribution need not be reported nor shall it be
deemed accepted if it is not cashed, negotiated, or deposited and is
returned to the contributor within 24 hours of its receipt.
(d) A report filed pursuant to this section shall be in addition
to any other campaign statement required to be filed by this chapter.
(e) The report required pursuant to this section is not required
to be filed by a candidate or committee that has disclosed the late
contribution pursuant to subdivision (a) or (b) of Section 85309.
SEC. 19. Section 84203.3 of the Government Code is amended to
read:
84203.3. (a) Any candidate
or committee that makes a late contribution that
is an in-kind contribution shall notify the recipient in writing of
the value of the in-kind contribution. The notice shall be received
by the recipient within 24 hours of the time the contribution is
made.
(b) Nothing in this section shall relieve a candidate or committee
that makes a late in-kind contribution or the recipient of a late
in-kind contribution from the requirement to file late contribution
reports pursuant to Section 84203. However, a report filed by the
recipient of a late in-kind contribution shall be deemed timely filed
if it is received by the filing officer within 48 hours of the time
the contribution is received.
SEC. 20. Section 84203.5 of the Government Code is amended to
read:
84203.5. (a) In addition to any campaign statements required by
this article, if a candidate or committee has made independent
expenditures totaling one thousand dollars ($1,000) or more in a
calendar year to support or oppose a candidate, a measure or
qualification of a measure, it shall file independent expenditure
reports at the same time, covering the same periods, and in
the places where the candidate or committee would be required to file
campaign statements under this article, as if it were formed or
existing primarily to support or oppose the candidate or measure or
qualification of the measure. No independent expenditure report need
be filed to cover a period for which there has been no activity to
report times prescribed by the Commission .
(b) An independent expenditure report shall contain the following
information:
(1) The name, street address, and telephone number of the
candidate or committee making the expenditure and of the committee's
treasurer, and the number assigned to the committee by the Secretary
of State.
(2) If the report is related to a candidate, the full name of the
candidate and the office and district for which the candidate seeks
nomination or election. If the report is related to a measure or
qualification of a measure, the number or letter of the measure, or
if none has yet been assigned, a brief description of the subject
matter of the measure, and the jurisdiction in which the measure is
to be voted on or would be voted on if it qualified.
(3) The total amount of expenditures related to the candidate or
measure during the period covered by the report made to persons who
have received less than one hundred dollars ($100).
(4) The total amount of expenditures related to the candidate or
measure during the period covered by the report made to persons who
have received one hundred dollars ($100) or more.
(5) For each person to whom an expenditure of one hundred dollars
($100) or more related to the candidate or measure has been made
during the period covered by the report and for each person who has
provided consideration for an expenditure of one hundred dollars
($100) or more during the period covered by the report:
(A) His or her full name.
(B) His or her street address.
(C) If the person is a committee, the name of the committee, the
number assigned to the committee by the Secretary of State, or if no
number has been assigned, the full name and street address of the
treasurer of the committee.
(D) The date of the expenditure.
(E) The amount of the expenditure.
(F) A brief description of the consideration for which each
expenditure was made and the value of the consideration if less than
the total amount of the expenditure.
(G) The cumulative amount of expenditures to such
the person.
(6) A list of all the filing officers with whom the committee
filed its most recent campaign statement.
(c) Filing officers shall maintain paper reports filed pursuant to
this section under the name of the candidate or measure supported or
opposed by the independent expenditure.
SEC. 21. Section 84204 of the Government Code is amended to read:
84204. (a) A committee that makes a late independent expenditure,
as defined in Section 82036.5, shall report the late independent
expenditure by facsimile transmission, guaranteed overnight delivery,
or personal delivery within 24 hours of the time it is made. If a
late independent expenditure is required to be reported to the
Secretary of State, the report to the Secretary of State shall be by
online or electronic transmission only. A late independent
expenditure shall be reported on subsequent campaign statements
without regard to reports filed pursuant to this section.
(b) A committee that makes a late independent expenditure shall
report its full name and street address, as well as the name, office,
and district of the candidate if the report is related to a
candidate, or if the report is related to a measure, the number or
letter of the measure, the jurisdiction in which the measure is to be
voted upon, and the amount and the date, as well as a description of
goods or services for which the late independent expenditure was
made. In addition to the information required by this
subdivision, a committee that makes a late independent expenditure
shall include with its late independent expenditure report the
information required by paragraphs (1) to (5), inclusive, of
subdivision (f) of Section 84211, covering the period from the day
after the closing date of the last campaign report filed to the date
of the late independent expenditure, or if the committee has not
previously filed a campaign statement, covering the period from the
previous January 1 to the date of the late independent expenditure.
No information required by paragraphs (1) to (5), inclusive, of
subdivision (f) of Section 84211 that is required to be reported with
a late independent expenditure report by this subdivision is
required to be reported on more than one late independent expenditure
report.
(c) A committee that makes a late independent expenditure shall
file a late independent expenditure report in the places where it
would be required to file campaign statements under this article as
if it were formed or existing primarily to support or oppose the
candidate or measure for or against which it is making the late
independent expenditure.
(d) A report filed pursuant to this section shall be in addition
to any other campaign statement required to be filed by this article.
(e) Expenditures that have been disclosed by candidates and
committees pursuant to Section 85500 are not required to be disclosed
pursuant to this section.
SEC. 22. Section 84204.5 of the Government Code is amended to
read:
84204.5. (a) In addition to any other report required by this
title, a committee pursuant to subdivision (a) of Section 82013 that
is required to file reports pursuant to Section 84605 shall file
online or electronically with the Secretary of State each time it
makes contributions totaling five thousand dollars ($5,000)
or more or each time it makes independent expenditures
totaling five thousand dollars ($5,000) or more to support or oppose
the qualification or passage of a single state ballot measure. The
report shall be filed within 10 business days of making the
contributions or independent expenditures and shall contain all of
the following:
(1) The full name, street address, and identification number of
the committee.
(2) The number or letter of the measure if the measure has
qualified for the ballot and has been assigned a number or letter;
the title of the measure if the measure has not been assigned a
number or letter but has been issued a title by the Attorney General;
or the subject of the measure if the measure has not been assigned a
number or letter and has not been issued a title by the Attorney
General.
(3) In the case of a contribution, the date and amount of the
contribution and the name, address, and identification number of the
committee to whom the contribution was made. In addition, the report
shall include the information required by paragraphs (1) to (5),
inclusive, of subdivision (f) of Section 84211, regarding
contributions or loans received from a person described in that
subdivision, covering the period from the day after the closing date
of the last campaign report filed to the date of the contribution
requiring a report under this section, or if the committee has not
previously filed a campaign statement, covering the period from the
previous January 1 to the date of the contribution requiring a report
under this section. No information described in paragraphs (1) to
(5), inclusive, of subdivision (f) of Section 84211 that is required
to be reported pursuant to this subdivision is required to be
reported in more than one report provided for in this subdivision for
each contribution or loan received from a person described in
subdivision (f) of Section 84211.
(4) In the case of an independent expenditure, the
(3) The date, amount, and a
description of the goods or services for which the expenditure was
made. In addition, the report shall include the information
required by paragraphs (1) to (5), inclusive, of subdivision (f) of
Section 84211 regarding contributions or loans received from a person
described in that subdivision, covering the period from the day
after the closing date of the last campaign report filed to the date
of the expenditure, or if the committee has not previously filed a
campaign statement, covering the period from the previous January 1
to the date of the expenditure. No information described in
paragraphs (1) to (5), inclusive, of subdivision (f) of Section 84211
that is required to be reported pursuant to this subdivision is
required to be reported in more than one report provided for in this
subdivision for each contribution or loan received from a person
described in subdivision (f) of Section 84211.
(b) Reports required by this section are not required to be filed
by a committee primarily formed to support or oppose the
qualification or passage of a state ballot measure for expenditures
made on behalf of the ballot measure or measures for which it is
formed.
(c) Independent expenditures that have been disclosed by a
committee pursuant to Section 84204 or 85500 are not required to be
disclosed pursuant to this section.
SEC. 23. Section 84205 of the Government Code is repealed.
84205. The commission may by regulation or written advice permit
candidates and committees to file campaign statements combining
statements and reports required to be filed by this title.
SEC. 24. Section 84206 of the Government Code is repealed.
84206.
(a) The commission shall provide by regulation for a short form for
filing reports required by this article for candidates or
officeholders who receive contributions of less than one thousand
dollars ($1,000), and who make expenditures of less than one thousand
dollars ($1,000), in a calendar year.
(b) For the purposes of this section, in calculating whether one
thousand dollars ($1,000) in expenditures have been made, payments
for a filing fee or for a statement of qualification shall not be
included if these payments have been made from the candidate's
personal funds.
(c) Every candidate or officeholder who has filed a short form
pursuant to subdivision (a), and who thereafter receives
contributions or makes expenditures totaling one thousand dollars
($1,000) or more in a calendar year, shall send written notification
to the Secretary of State, the local filing officer, and each
candidate contending for the same office within 48 hours of receiving
or expending a total of one thousand dollars ($1,000). The written
notification shall revoke the previously filed short form statement.
SEC. 25. Section 84209 of the Government Code is repealed.
84209. A candidate or state measure proponent and any committee
or committees which the candidate or a state measure proponent
controls may file consolidated campaign statements under this
chapter. Such consolidated statements shall be filed in each place
each of the committees and the candidate or state measure proponent
would be required to file campaign statements if separate statements
were filed.
SEC. 26. Section 84211 of the Government Code is repealed.
84211. Each campaign statement required by this article shall
contain all of the following information:
(a) The total amount of contributions received during the period
covered by the campaign statement and the total cumulative amount of
contributions received.
(b) The total amount of expenditures made during the period
covered by the campaign statement and the total cumulative amount of
expenditures made.
(c) The total amount of contributions received during the period
covered by the campaign statement from persons who have given a
cumulative amount of one hundred dollars ($100) or more.
(d) The total amount of contributions received during the period
covered by the campaign statement from persons who have given a
cumulative amount of less than one hundred dollars ($100).
(e) The balance of cash and cash equivalents on hand at the
beginning and the end of the period covered by the campaign
statement.
(f) If the cumulative amount of contributions (including loans)
received from a person is one hundred dollars ($100) or more and a
contribution or loan has been received from that person during the
period covered by the campaign statement, all of the following:
(1) His or her full name.
(2) His or her street address.
(3) His or her occupation.
(4) The name of his or her employer, or if self-employed, the name
of the business.
(5) The date and amount received for each contribution received
during the period covered by the campaign statement and if the
contribution is a loan, the interest rate for the loan.
(6) The cumulative amount of contributions.
(g) If the cumulative amount of loans received from or made to a
person is one hundred dollars ($100) or more, and a loan has been
received from or made to a person during the period covered by the
campaign statement, or is outstanding during the period covered by
the campaign statement, all of the following:
(1) His or her full name.
(2) His or her street address.
(3) His or her occupation.
(4) The name of his or her employer, or if self-employed, the name
of the business.
(5) The original date and amount of each loan.
(6) The due date and interest rate of the loan.
(7) The cumulative payment made or received to date at the end of
the reporting period.
(8) The balance outstanding at the end of the reporting period.
(9) The cumulative amount of contributions.
(h) For each person, other than the filer, who is directly,
indirectly, or contingently liable for repayment of a loan received
or outstanding during the period covered by the campaign statement,
all of the following:
(1) His or her full name.
(2) His or her street address.
(3) His or her occupation.
(4) The name of his or her employer, or if self-employed, the name
of the business.
(5) The amount of his or her maximum liability outstanding.
(i) The total amount of expenditures made during the period
covered by the campaign statement to persons who have received one
hundred dollars ($100) or more.
(j) The total amount of expenditures made during the period
covered by the campaign statement to persons who have received less
than one hundred dollars ($100).
(k) For each person to whom an expenditure of one hundred dollars
($100) or more has been made during the period covered by the
campaign statement, all of the following:
(1) His or her full name.
(2) His or her street address.
(3) The amount of each expenditure.
(4) A brief description of the consideration for which each
expenditure was made.
(5) In the case of an expenditure which is a contribution to a
candidate, elected officer, or committee or an independent
expenditure to support or oppose a candidate or measure, in addition
to the information required in paragraphs (1) to (4) above, the date
of the contribution or independent expenditure, the cumulative amount
of contributions made to a candidate, elected officer, or committee,
or the cumulative amount of independent expenditures made relative
to a candidate or measure; the full name of the candidate, and the
office and district for which he or she seeks nomination or election,
or the number or letter of the measure; and the jurisdiction in
which the measure or candidate is voted upon.
(6) The information required in paragraphs (1) to (4), inclusive,
for each person, if different from the payee, who has provided
consideration for an expenditure of five hundred dollars ($500) or
more during the period covered by the campaign statement.
For purposes of subdivisions (i), (j), and (k) only, the terms
"expenditure" or "expenditures" mean any individual payment or
accrued expense, unless it is clear from surrounding circumstances
that a series of payments or accrued expenses are for a single
service or product.
( l ) In the case of a controlled committee,
an official committee of a political party, or an organization formed
or existing primarily for political purposes, the amount and source
of any miscellaneous receipt.
(m) If a committee is listed pursuant to subdivision (f), (g),
(h), (k), ( l ), or (q), the number assigned to the
committee by the Secretary of State shall be listed, or if no number
has been assigned, the full name and street address of the treasurer
of the committee.
(n) In a campaign statement filed by a candidate who is a
candidate in both a state primary and general election, his or her
controlled committee, or a committee primarily formed to support or
oppose such a candidate, the total amount of contributions received
and the total amount of expenditures made for the period January 1
through June 30 and the total amount of contributions received and
expenditures made for the period July 1 through December 31.
(o) The full name, residential or business address, and telephone
number of the filer, or in the case of a campaign statement filed by
a committee defined by subdivision (a) of Section 82013, the name,
street address, and telephone number of the committee and of the
committee treasurer. In the case of a committee defined by
subdivision (b) or (c) of Section 82013, the name that the filer uses
on campaign statements shall be the name by which the filer is
identified for other legal purposes or any name by which the filer is
commonly known to the public.
(p) If the campaign statement is filed by a candidate, the name,
street address, and treasurer of any committee of which he or she has
knowledge which has received contributions or made expenditures on
behalf of his or her candidacy and whether the committee is
controlled by the candidate.
(q) A contribution need not be reported nor shall it be deemed
accepted if it is not cashed, negotiated, or deposited and is
returned to the contributor before the closing date of the campaign
statement on which the contribution would otherwise be reported.
(r) If a committee primarily formed for the qualification or
support of, or opposition to, an initiative or ballot measure is
required to report an expenditure to a business entity pursuant to
subdivision (k) and 50 percent or more of the business entity is
owned by a candidate or person controlling the committee, by an
officer or employee of the committee, or by a spouse of any of these
individuals, the committee's campaign statement shall also contain,
in addition to the information required by subdivision (k), that
person's name, the relationship of that person to the committee, and
a description of that person's ownership interest or position with
the business entity.
(s) If a committee primarily formed for the qualification or
support of, or opposition to, an initiative or ballot measure is
required to report an expenditure to a business entity pursuant to
subdivision (k), and a candidate or person controlling the committee,
an officer or employee of the committee, or a spouse of any of these
individuals is an officer, partner, consultant, or employee of the
business entity, the committee's campaign statement shall also
contain, in addition to the information required by subdivision (k),
that person's name, the relationship of that person to the committee,
and a description of that person's ownership interest or position
with the business entity.
(t) If the campaign statement is filed by a committee, as defined
in subdivision (b) or (c) of Section 82013, information sufficient to
identify the nature and interests of the filer, including:
(1) If the filer is an individual, the name and address of the
filer's employer, if any, or his or her principal place of business
if the filer is self-employed, and a description of the business
activity in which the filer or his or her employer is engaged.
(2) If the filer is a business entity, a description of the
business activity in which it is engaged.
(3) If the filer is an industry, trade, or professional
association, a description of the industry, trade, or profession
which it represents, including a specific description of any portion
or faction of the industry, trade, or profession which the
association exclusively or primarily represents.
(4) If the filer is not an individual, business entity, or
industry, trade, or professional association, a statement of the
person's nature and purposes, including a description of any
industry, trade, profession, or other group with a common economic
interest which the person principally represents or from which its
membership or financial support is principally derived.
SEC. 27. 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
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 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. 28. Section 84216 of the Government Code is amended to read:
84216. (a) Notwithstanding Section 82015, a loan received by a
candidate or committee is a contribution unless the loan is received
from a commercial lending institution in the ordinary course of
business, or it is clear from the surrounding circumstances that it
is not made for political purposes.
(b) A loan, whether or not there is a written contract for the
loan, shall be reported as provided in Section 84211
84200 when any of the following apply:
(1) The loan is a contribution.
(2) The loan is received by a committee.
(3) The loan is received by a candidate and is used for political
purposes.
SEC. 29. Section 84216.5 of the Government Code is repealed.
84216.5. A loan of campaign funds, whether or not there is a
written contract for the loan, made by a candidate or committee shall
be reported as provided in Section 84211.
SEC. 30. Section 84218 of the Government Code is amended to read:
84218. (a) A slate mailer organization shall file semiannual
campaign statements no later than July 31 for the period ending June
30, and no later than January 31 for the period ending December 31.
(b) In addition to the semiannual statements required by
subdivision (a), slate mailer organizations shall file preelection
statements as follows:
(1) Any slate mailer organization which produces a slate mailer
supporting or opposing candidates or measures being voted on in an
election held upon the first Tuesday after the first Monday in June
or November of an even-numbered year shall file the statements
specified in Section 84200.7 if, during the period covered by the
preelection statement, the slate mailer organization receives
payments totaling five hundred dollars ($500) or more from any person
for the support of or opposition to candidates or ballot measures in
one or more slate mailers, or expends five hundred dollars ($500) or
more to produce one or more slate mailers.
(2) Any slate mailer organization which produces a slate mailer
supporting or opposing candidates or measures being voted on in an
election held on a date other than the first Tuesday after the first
Monday in June or November of an even-numbered year shall file the
statements specified in Section 84200.8 if, during the period covered
by the preelection statement, the slate mailer organization receives
payments totaling five hundred dollars ($500) or more from any
person for the support of or opposition to candidates or ballot
measures in one or more slate mailers, or expends five hundred
dollars ($500) or more to produce one or more slate mailers.
(c)
(b) A slate mailer organization shall file two copies
of its campaign reports with the clerk of the county in which it is
domiciled. A slate mailer organization is domiciled at the address
listed on its statement of organization unless it is domiciled
outside California, in which case its domicile shall be deemed to be
Los Angeles County for purposes of this section.
In addition, slate mailer organizations shall file campaign
reports as follows:
(1) A slate mailer organization which produces one or more slate
mailers supporting or opposing candidates or measures voted on in a
state election, or in more than one county, shall file campaign
reports in the same manner as state general purpose committees
pursuant to subdivision (a) of Section 84215.
(2) A slate mailer organization which produces one or more slate
mailers supporting or opposing candidates or measures voted on in
only one county, or in more than one jurisdiction within one county,
shall file campaign reports in the same manner as county general
purpose committees pursuant to subdivision (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. 31. Section 84220 of the Government Code is repealed.
84220. If a slate mailer organization receives a payment of two
thousand five hundred dollars ($2,500) or more for purposes of
supporting or opposing any candidate or ballot measure in a slate
mailer, and the payment is received at a time when, if the payment
were a contribution it would be considered a late contribution, then
the slate mailer organization shall report the payment in the manner
set forth in Section 84203 for candidates and committees when
reporting late contributions received. The slate mailer organization
shall, in addition to reporting the information required by Section
84203, identify the candidates or measures whose support or
opposition is being paid for, in whole or in part, by each late
payment.
SEC. 32. Article 2.5 (commencing with Section 84250) of Chapter 4
of Title 9 of the Government Code is repealed.
SEC. 33. Section 84300 of the Government Code is amended to read:
84300. (a) No contribution of one hundred dollars ($100) or more
shall be made or received in cash.
A cash contribution shall not be deemed received if it is not
negotiated or deposited and is returned to the contributor before the
closing date of the campaign statement on which the contribution
would otherwise be reported. If a cash contribution, other than a
late contribution, as defined in Section 82036, is negotiated or
deposited, it shall not be deemed received if it is refunded within
72 hours of receipt. In the case of a late contribution, as defined
in Section 82036, it shall not be deemed received if it is returned
to the contributor within 48 hours of receipt.
(b) No
84300. (a) No
expenditure of one hundred dollars ($100) or more shall be made in
cash.
(c) No contribution of one hundred dollars ($100) or more other
than an in-kind contribution shall be made unless in the form of a
written instrument containing the name of the donor and the name of
the payee and drawn from the account of the donor or the
intermediary, as defined in Section 84302.
(d)
(b) The value of all in-kind contributions of one
hundred dollars ($100) or more shall be reported in writing to the
recipient upon the request in writing of the recipient.
SEC. 34. Section 84302 of the Government Code is repealed.
84302. No person shall make a contribution on behalf of another,
or while acting as the intermediary or agent of another, without
disclosing to the recipient of the contribution both his own full
name and street address, occupation, and the name of his employer, if
any, or his principal place of business if he is self-employed, and
the full name and street address, occupation, and the name of
employer, if any, or principal place of business if self-employed, of
the other person. The recipient of the contribution shall include in
his campaign statement the full name and street address, occupation,
and the name of the employer, if any, or the principal place of
business if self-employed, of both the intermediary and the
contributor.
SEC. 35. Section 84308 of the Government Code is amended to read:
84308. (a) The definitions set forth in this subdivision shall
govern the interpretation of this section.
(1) "Party" means any person who files an application for, or is
the subject of, a proceeding involving a license, permit, or other
entitlement for use.
(2) "Participant" means any person who is not a party but who
actively supports or opposes a particular decision in a proceeding
involving a license, permit, or other entitlement for use and who has
a financial interest in the decision, as described in Article 1
(commencing with Section 87100) of Chapter 7. A person actively
supports or opposes a particular decision in a proceeding if he or
she lobbies in person the officers or employees of the agency,
testifies in person before the agency, or otherwise acts to influence
officers of the agency.
(3) "Agency" means an agency as defined in Section 82003 ,
except that it does not include the courts or any agency in the
judicial branch of government, local governmental agencies whose
members are directly elected by the voters, the Legislature, the
State Board of Equalization, or constitutional officers.
However, this section applies to any person who is a member of an
exempted agency but is acting as a voting member of another agency.
(4) "Officer" means any elected or appointed officer of an agency,
any alternate to an elected or appointed officer of an agency, and
any candidate for elective office in an agency.
(5) "License, permit, or other entitlement for use" means all
business, professional, trade , and land use licenses and
permits and all other entitlements for use, including all
entitlements for land use, all contracts (other than competitively
bid, labor, or personal employment contracts), and all franchises.
(6) "Contribution" includes contributions to candidates and
committees in federal, state, or local elections.
(b) No officer of an agency shall accept, solicit, or direct a
contribution of more than two hundred fifty dollars ($250) from any
party, or his or her agent, or from any participant, or his or her
agent, while a proceeding involving a license, permit, or other
entitlement for use is pending before the agency and for three months
following the date a final decision is rendered in the proceeding if
the officer knows or has reason to know that the participant has a
financial interest, as that term is used in Article 1 (commencing
with Section 87100) of Chapter 7. This prohibition shall apply
regardless of whether the officer accepts, solicits, or directs the
contribution for himself or herself, or on behalf of any other
officer, or on behalf of any
candidate for office or on behalf of any committee.
(c)
(b) Prior to rendering any decision in a proceeding
involving a license, permit , or other entitlement for use
pending before an agency, each officer of the agency who received a
contribution within the preceding 12 months in an amount of more than
two hundred fifty dollars ($250) from a party or from any
participant shall disclose that fact on the record of the proceeding.
No officer of an agency shall make, participate in making, or in any
way attempt to use his or her official position to influence the
decision in a proceeding involving a license, permit, or other
entitlement for use pending before the agency if the officer has
willfully or knowingly received a contribution in an amount of more
than two hundred fifty dollars ($250) within the preceding 12 months
from a party or his or her agent, or from any participant, or his or
her agent if the officer knows or has reason to know that the
participant has a financial interest in the decision, as that term is
described with respect to public officials in Article 1 (commencing
with Section 87100) of Chapter 7.
If an officer receives a contribution which
that would otherwise require disqualification under this
section, and returns the contribution within 30 days from
the time he or she knows, or should have known, about the
contribution and the proceeding involving a license, permit, or other
entitlement for use, he or she shall be permitted to participate in
the proceeding.
(d)
(c) A party to a proceeding before an agency involving
a license, permit, or other entitlement for use shall disclose on the
record of the proceeding any contribution in an amount of more than
two hundred fifty dollars ($250) made within the preceding 12 months
by the party, or his or her agent, to any officer of the agency. No
party, or his or her agent, to a proceeding involving a license,
permit, or other entitlement for use pending before any agency and no
participant, or his or her agent, in the proceeding shall make a
contribution of more than two hundred fifty dollars ($250) to any
officer of that agency during the proceeding and for three months
following the date a final decision is rendered by the agency in the
proceeding. When a closed corporation is a party to, or a participant
in, a proceeding involving a license, permit, or other entitlement
for use pending before an agency, the majority shareholder is subject
to the disclosure and prohibition requirements specified in
subdivisions (b), (c), subdivision (b) and this
subdivision.
(e)
(d) Nothing in this section shall be construed to imply
that any contribution subject to being reported under this title
shall not be so reported.
SEC. 36. Section 84602 of the Government Code is amended to read:
84602. To implement the Legislature's intent, the Secretary of
State, in consultation with the Commission, notwithstanding any other
provision of this code, shall do all of the following:
(a) Develop online and electronic filing processes for use by
persons and entities specified in Section 84605 that are required to
file statements and reports with the Secretary of State's office
pursuant to Chapter 4 (commencing with Section 84100) and Chapter 6
(commencing with Section 86100). Those processes shall each enable a
user to comply with all the disclosure requirements of this title and
shall include, at a minimum, the following:
(1) A means or method whereby filers subject to this chapter may
submit required filings free of charge. Any means or method developed
pursuant to this provision shall not provide any additional or
enhanced functions or services that exceed the minimum requirements
necessary to fulfill the disclosure provisions of this title. At
least one means or method shall be made available no later than
December 31, 2002.
(2) The definition of a nonproprietary standardized record format
or formats using industry standards for the transmission of the data
that is required of those persons and entities specified Section
84605 and that conforms with the disclosure requirements of this
title. The Secretary of State shall hold public hearings prior to
development of the record format or formats as a means to ensure that
affected entities have an opportunity to provide input into the
development process. The format or formats shall be made public no
later than July 1, 1999, to ensure sufficient time to comply with
the requirements of this chapter.
(b) Accept test files from software vendors and others wishing to
file reports electronically, for the purpose of determining whether
the file format is in compliance with the standardized record format
developed pursuant to subdivision (a) and is compatible with the
Secretary of State's system for receiving the data. A list of the
software and service providers who have submitted acceptable test
files shall be published by the Secretary of State and made available
to the public. Acceptably formatted files shall be submitted by a
filer in order to meet the requirements of this chapter.
(c) Develop a system that provides for the online or electronic
transfer of the data specified in this section utilizing
telecommunications technology that assures the integrity of the data
transmitted and that creates safeguards against efforts to tamper
with or subvert the data.
(d) Make all the data filed available on the Internet in an easily
understood format that provides the greatest public access. The data
shall be made available free of charge and as soon as possible after
receipt. All late contribution reports
and late independent expenditure reports , as defined by
Sections 84203 and 84204, respectively, shall be made
available on the Internet within 24 hours of receipt. The data made
available on the Internet shall not contain the street name and
building number of the persons or entity representatives listed on
the electronically filed forms or any bank account number required to
be disclosed pursuant to this title.
(e) Develop a procedure for filers to comply with the requirement
that they sign under penalty of perjury pursuant to Section 81004.
(f) Maintain all filed data online for 10 years after the date it
is filed, and then archive the information in a secure format.
(g) Provide assistance to those seeking public access to the
information.
(h) Implement sufficient technology to seek to prevent
unauthorized alteration or manipulation of the data.
(i) Provide the Commission with necessary information to enable it
to assist agencies, public officials, and others , with
the compliance with and administration of this title.
(j) Report to the Legislature on the implementation and
development of the online and electronic filing and disclosure
requirements of this chapter. The report shall include an examination
of system security, private security issues, software availability,
compliance costs to filers, use of the filing system and software
provided by the Secretary of State, and other issues relating to this
chapter, and shall recommend appropriate changes if necessary. In
preparing the report, the Commission may present to the Secretary of
State and the Legislature its comments regarding this chapter as it
relates to the duties of the Commission and suggest appropriate
changes if necessary. There shall be one report due before the system
is operational as set forth in Section 84603, one report due no
later than June 1, 2002, and one report due no later than January 31,
2003.
(k) Review the current filing and disclosure requirements of this
chapter and report to the Legislature, no later than June 1, 2005,
recommendations on revising these requirements so as to promote
greater reliance on electronic and online submissions.
SEC. 37. Section 84605 of the Government Code is amended to read:
84605. (a) The following persons shall file online or
electronically with the Secretary of State:
(1) Any candidate, including superior court, appellate court, and
Supreme Court candidates and officeholders, committee, or other
persons who are required, pursuant to Chapter 4 (commencing with
Section 84100), to file statements, reports, or other documents in
connection with a state elective office or state measure, provided
that the total cumulative reportable amount of contributions
received, expenditures made, loans made, or loans received is
twenty-five thousand dollars ($25,000) or more. In determining the
cumulative reportable amount, all controlled committees, as defined
by Section 82016, shall be included. For a committee subject to this
title prior to January 1, 2000, the beginning date for calculating
cumulative totals is January 1, 2000. For a committee that is first
subject to this title on or after January 1, 2000, the beginning date
for calculating cumulative totals is the date the committee is first
subject to this title. A committee, as defined in subdivision (c) of
Section 82013, shall file online or electronically if it makes
contributions of twenty-five thousand dollars ($25,000) or more in a
calendar year.
(2) Any general purpose committees, as defined in Section 82027.5,
including the general purpose committees of political parties, and
small contributor committees, as defined in Section 85203, that
cumulatively receive contributions or make expenditures totaling
twenty-five thousand dollars ($25,000) or more to support or oppose
candidates for any elective state office or state measure. For a
committee subject to this title prior to January 1, 2000, the
beginning date for calculating cumulative totals is January 1, 2000.
For a committee that first is subject to this title on or after
January 1, 2000, the beginning date for calculating cumulative totals
is the date the committee is first subject to this title.
(3) Any slate mailer organization with cumulative reportable
payments received or made for the purposes of producing slate mailers
of twenty-five thousand dollars ($25,000) or more. For a slate
mailer organization subject to this title prior to January 1, 2000,
the beginning date for calculating cumulative totals is January 1,
2000. For a slate mailer organization that first is subject to this
title on or after January 1, 2000, the beginning date for calculating
cumulative totals is the date the organization is first subject to
this title.
(4) Any lobbyist, lobbying firm, lobbyist employer, or other
persons required, pursuant to Chapter 6 (commencing with Section
86100), to file statements, reports, or other documents, provided
that the total amount of any category of reportable payments,
expenses, contributions, gifts, or other items is two thousand five
hundred dollars ($2,500) or more in a calendar quarter.
(b) The Secretary of State shall also disclose on the Internet any
late contribution report or late
independent expenditure report , as defined by Sections
84203 and 84204, respectively, not covered by paragraph
(1), (2), or (3) of subdivision (a) or any other provision of law.
(c) Committees and other persons that are not required to file
online or electronically by this section may do so voluntarily.
(d) Once a person or entity is required to file online or
electronically, subject to subdivision (a) or (c), the person or
entity shall be required to file all subsequent reports online or
electronically.
(e) It shall be presumed that online or electronic filers file
under penalty of perjury.
(f) Persons filing online or electronically shall also continue to
file required disclosure statements and reports in paper format. The
paper copy shall continue to be the official filing for audit and
other legal purposes until the Secretary of State, pursuant to
Section 84606, determines the system is operating securely and
effectively.
(g) The Secretary of State shall maintain at all times a secured,
official version of all original online and electronically filed
statements and reports required by this chapter. Upon determination
by the Secretary of State, pursuant to Section 84606, that the system
is operating securely and effectively, this online or electronic
version shall be the official version for audit and other legal
purposes.
(h) Except for statements related to a local elective office or a
local ballot measure filed by a candidate for local elective office
who is also a candidate for elective state office, a copy of a
statement, report, or other document filed by online or electronic
means with the Secretary of State shall not be filed with a local
filing officer.
SEC. 38. Section 85300 of the Government Code is repealed.
85300. No public officer shall expend and no candidate shall
accept any public moneys for the purpose of seeking elective office.
SEC. 39. Section 85301 of the Government Code is repealed.
85301. (a) A person, other than a small contributor committee or
political party committee, may not make to any candidate for elective
state office other than a candidate for statewide elective office,
and a candidate for elective state office other than a candidate for
statewide elective office may not accept from a person, any
contribution totaling more than three thousand dollars ($3,000) per
election.
(b) Except to a candidate for Governor, a person, other than a
small contributor committee or political party committee, may not
make to any candidate for statewide elective office, and except a
candidate for Governor, a candidate for statewide elective office may
not accept from a person other than a small contributor committee or
a political party committee, any contribution totaling more than
five thousand dollars ($5,000) per election.
(c) A person, other than a small contributor committee or
political party committee, may not make to any candidate for
Governor, and a candidate for governor may not accept from any person
other than a small contributor committee or political party
committee, any contribution totaling more than twenty thousand
dollars ($20,000) per election.
(d) The provisions of this section do not apply to a candidate's
contributions of his or her personal funds to his or her own
campaign.
SEC. 40. Section 85302 of the Government Code is repealed.
85302. (a) A small contributor committee may not make to any
candidate for elective state office other than a candidate for
statewide elective office, and a candidate for elective state office,
other than a candidate for statewide elective office may not accept
from a small contributor committee, any contribution totaling more
than six thousand dollars ($6,000) per election.
(b) Except to a candidate for Governor, a small contributor
committee may not make to any candidate for statewide elective office
and except for a candidate for Governor, a candidate for statewide
elective office may not accept from a small contributor committee,
any contribution totaling more than ten thousand dollars ($10,000)
per election.
(c) A small contributor committee may not make to any candidate
for Governor, and a candidate for governor may not accept from a
small contributor committee, any contribution totaling more than
twenty thousand dollars ($20,000) per election.
SEC. 41. Section 85303 of the Government Code is repealed.
85303. (a) A person may not make to any committee, other than a
political party committee, and a committee other than a political
party committee may not accept, any contribution totaling more than
five thousand dollars ($5,000) per calendar year for the purpose of
making contributions to candidates for elective state office.
(b) A person may not make to any political party committee, and a
political party committee may not accept, any contribution totaling
more than twenty-five thousand dollars ($25,000) per calendar year
for the purpose of making contributions for the support or defeat of
candidates for elective state office. Notwithstanding Section 85312,
this limit applies to contributions made to a political party used
for the purpose of making expenditures at the behest of a candidate
for elective state office for communications to party members related
to the candidate's candidacy for elective state office.
(c) Except as provided in Section 85310, nothing in this chapter
shall limit a person's contributions to a committee or political
party committee provided the contributions are used for purposes
other than making contributions to candidates for elective state
office.
(d) Nothing in this chapter limits a candidate for elected state
office from transferring contributions received by the candidate in
excess of any amount necessary to defray the candidate's expenses for
election related activities or holding office to a political party
committee, provided those transferred contributions are used for
purposes consistent with paragraph (4) of subdivision (b) of Section
89519.
SEC. 42. Section 85304 of the Government Code is amended to read:
85304. (a) A candidate for elective state office or an elected
state officer may establish a separate account to defray attorney's
fees and other related legal costs incurred for the candidate's or
officer's legal defense if the candidate or officer is subject to one
or more civil or criminal proceedings or administrative proceedings
arising directly out of the conduct of an election campaign, the
electoral process, or the performance of the officer's governmental
activities and duties. These funds may be used only to defray those
attorney attorney's fees and other
related legal costs.
(b) A candidate may receive contributions to this account
that are not subject to the contribution limits set forth in this
article. However, all All contributions shall be
reported in a the manner prescribed by
the commission Section 84200 .
(c) Once the legal dispute is resolved, the candidate shall
dispose of any funds remaining after all expenses associated with the
dispute are discharged for one or more of the purposes set forth in
paragraphs (1) to (5), inclusive, of subdivision (b) of Section
89519.
SEC. 43. Section 85304.5 of the Government Code is amended to
read:
85304.5. (a) A candidate for elective office other than an
elective state office or an elected officer other than an elected
state officer may establish a separate account pursuant to
subdivision (a) of Section 85304 and may use these funds only to
defray attorney's fees and other related legal costs.
(b) A candidate for an elective office other than an elective
state office may receive contributions to the separate account ,
which shall not be subject to any limitations provided by local
ordinance. However, all contributions to these separate accounts
shall be reported in a the manner
prescribed by the commission Section 84200
.
(c) Once the legal dispute is resolved, the candidate or elected
officer shall dispose of any funds remaining in the separate accounts
after all expenses associated with the dispute are discharged for
one or more of the purposes set forth in paragraphs (1) to (5),
inclusive, of subdivision (b) of Section 89519.
SEC. 44. Section 85305 of the Government Code is repealed.
85305. A candidate for elective state office or committee
controlled by that candidate may not make any contribution to any
other candidate for elective state office in excess of the limits set
forth in subdivision (a) of Section 85301.
SEC. 45. Section 85306 of the Government Code is amended to read:
85306. (a) A candidate may transfer campaign funds from one
controlled committee to a controlled committee for elective state
office of the same candidate. Contributions transferred shall be
attributed to specific contributors using a "last in, first out" or
"first in, first out" accounting method , and these
attributed contributions when aggregated with all other contributions
from the same contributor may not exceed the limits set forth in
Section 85301 or 85302 .
(b) Notwithstanding subdivision (a), a candidate for elective
state office, other than a candidate for statewide elective office,
who possesses campaign funds on January 1, 2001, may use those funds
to seek elective office without attributing the funds to specific
contributors.
(c) Notwithstanding subdivision (a), a candidate for statewide
elective office who possesses campaign funds on November 6, 2002, may
use those funds to seek elective office without attributing the
funds to specific contributors.
SEC. 46. Section 85307 of the Government Code is repealed.
85307. (a) The provisions of this article regarding loans apply
to extensions of credit, but do not apply to loans made to a
candidate by a commercial lending institution in the lender's regular
course of business on terms available to members of the general
public for which the candidate is personally liable.
(b) Notwithstanding subdivision (a), a candidate for elective
state office may not personally loan to his or her campaign,
including the proceeds of a loan obtained by the candidate from a
commercial lending institution, an amount, the outstanding balance of
which exceeds one hundred thousand dollars ($100,000). A candidate
may not charge interest on any loan he or she made to his or her
campaign.
SEC. 47. Section 85309 of the Government Code is repealed.
85309. (a) In addition to any other report required by this
title, a candidate for elective state office who is required to file
reports pursuant to Section 84605 shall file online or electronically
with the Secretary of State a report disclosing receipt of a
contribution of one thousand dollars ($1,000) or more received during
an election cycle. Those reports shall disclose the same information
required by subdivision (a) of Section 84203 and shall be filed
within 24 hours of receipt of the contribution.
(b) In addition to any other report required by this title, any
committee primarily formed to support or oppose one or more state
ballot measures that is required to file reports pursuant to Section
84605 shall file online or electronically with the Secretary of State
a report disclosing receipt of a contribution of one thousand
dollars ($1,000) or more received during an election cycle. Those
reports shall disclose the same information required by subdivision
(a) of Section 84203 and shall be filed within 24 hours of receipt of
the contribution.
(c) In addition to any other report required by this title, a
candidate for elective state office who is required to file reports
pursuant to Section 84605 shall file online or electronically with
the Secretary of State a report disclosing receipt of a contribution
of five thousand dollars ($5,000) or more received at any time other
than during an election cycle. Those reports shall disclose the same
information required by subdivision (a) of Section 84203 and shall be
filed within 10 business days of receipt of the contribution.
(d) In addition to any other report required by this title, a
committee primarily formed to support or oppose a state ballot
measure that is required to file reports pursuant to Section 84605
shall file online or electronically with the Secretary of State a
report disclosing receipt of a contribution of five thousand dollars
($5,000) or more received at any time other than during an election
cycle. Those reports shall disclose the same information required by
subdivision (a) of Section 84203 and shall be filed within 10
business days of receipt of the contribution.
SEC. 48. Section 85310 of the Government Code is amended to read:
85310. (a) Any person who makes a payment or a promise of payment
totaling fifty thousand dollars ($50,000) or more for a
communication that clearly identifies a candidate for elective state
office, but does not expressly advocate the election or defeat of the
candidate, and that is disseminated, broadcast, or otherwise
published within 45 days of an election, shall file online or
electronically with the Secretary of State a report disclosing the
name of the person, address, occupation, and employer, and amount of
the payment. The report shall be filed within 48 hours of making the
payment or the promise to make the payment.
(b) (1) Except as provided in paragraph (2), if any person has
received a payment or a promise of a payment from other persons
totaling five thousand dollars ($5,000) or more for the purpose of
making a communication described in subdivision (a), the person
receiving the payments shall disclose on the report the name,
address, occupation and employer, and date and amount received from
the person.
(2) A person who receives or is promised a payment that is
otherwise reportable under paragraph (1) is not required to report
the payment if the person is in the business of providing goods or
services and receives or is promised the payment for the purpose of
providing those goods or services.
(c) Any payment received by a person who makes a communication
described in subdivision (a) is subject to the limits specified in
subdivision (b) of Section 85303 if the communication is made at the
behest of the clearly identified candidate.
SEC. 49. Section 85314 of the Government Code is repealed.
85314. The contribution limits of this chapter apply to special
elections and apply to special runoff elections. A special election
and a special runoff election are separate elections for purposes of
the contribution and voluntary expenditure limits set
forth in this chapter.
SEC. 50. Section 85315 of the Government Code is amended to read:
85315. (a) Notwithstanding any other provision of this chapter,
an elected state officer may establish a committee to oppose the
qualification of a recall measure , and the recall
election. This committee may be established when the elected state
officer receives a notice of intent to recall pursuant to Section
11021 of the Elections Code. An elected state officer may accept
campaign contributions to oppose the qualification of a recall
measure , and if qualification is successful, the recall
election, without regard to the campaign contributions limits set
forth in this chapter . The voluntary expenditure limits do
not apply to expenditures made to oppose the qualification of a
recall measure or to oppose the recall election.
(b) After the failure of a recall petition or after the recall
election, the committee formed by the elected state officer shall
wind down its activities and dissolve. Any remaining funds shall be
treated as surplus funds and shall be expended within 30 days after
the failure of the recall petition or after the recall election for a
purpose specified in subdivision (b) of Section 89519.
SEC. 51. Section 85316 of the Government Code is amended to read:
85316. (a) Except as provided in subdivision (b), a contribution
for an election may be accepted by a candidate for elective state
office after the date of the election only to the extent that the
contribution does not exceed net debts outstanding from the
election, and the contribution does not otherwise exceed the
applicable contribution limit for that election.
(b) Notwithstanding subdivision (a), an elected state officer may
accept contributions after the date of the election for the purpose
of paying expenses associated with holding the office provided that
the contributions are not expended for any contribution to any state
or local committee. Contributions received pursuant to this
subdivision shall be deposited into a bank account established solely
for the purposes specified in this subdivision.
(1) No person shall make, and no elected state officer shall
receive from a person, a contribution pursuant to this subdivision
totaling more than the following amounts per calendar year:
(A) Three thousand dollars ($3,000) in the case of an elected
state officer of the Assembly or Senate.
(B) Five thousand dollars ($5,000) in the case of a statewide
elected state officer other than the Governor.
(C) Twenty thousand dollars ($20,000) in the case of the Governor.
(2) No elected state officer shall receive contributions pursuant
to paragraph (1) that, in the aggregate, total more than the
following amounts per calendar year:
(A) Fifty thousand dollars ($50,000) in the case of an elected
state officer of the Assembly or Senate.
(B) One hundred thousand dollars ($100,000) in the case of a
statewide elected state officer other than the Governor.
(C) Two hundred thousand dollars ($200,000) in the case of the
Governor.
(3)
(c) Any contribution received pursuant to this
subdivision section shall be deemed to be a
contribution to that candidate for election to any state office that
he or she may seek during the term of office to which he or she is
currently elected, including, but not limited to, reelection to the
office he or she currently holds , and shall be subject to
any applicable contribution limit provided in this title. If a
contribution received pursuant to this subdivision exceeds the
allowable contribution limit for the office sought, the candidate
shall return the amount exceeding the limit to the contributor on a
basis to be determined by the Commission . None of the
expenditures made by elected state officers pursuant to this
subdivision shall be subject to the voluntary expenditure limitations
in Section 85400.
(4) The commission shall adjust the calendar year contribution
limitations and aggregate contribution limitations set forth in this
subdivision in January of every odd-numbered year to reflect any
increase or decrease in the Consumer Price Index. Those adjustments
shall be rounded to the nearest one hundred dollars ($100).
SEC. 52. Section 85320 of the Government Code is repealed.
85320. (a) No foreign government or foreign principal shall make,
directly or through any other person, any contribution, expenditure,
or independent expenditure in connection with the qualification or
support of, or opposition to, any state or local ballot measure.
(b) No person and no committee shall solicit or accept a
contribution from a foreign government or foreign principal in
connection with the qualification or support of, or opposition to,
any state or local ballot measure.
(c) For the purposes of this section, a "foreign principal"
includes the following:
(1) A foreign political party.
(2) A person outside the United States, unless either of the
following is established:
(A) The person is an individual and a citizen of the United
States.
(B) The person is not an individual and is organized under or
created by the laws of the United States or of any state or other
place subject to the jurisdiction of the United States and has its
principal place of business within the United States.
(3) A partnership, association, corporation, organization, or
other combination of persons organized under the laws of or having
its principal place of business in a foreign country.
(4) A domestic subsidiary of a foreign corporation if the decision
to contribute or expend funds is made by an officer, director, or
management employee of the foreign corporation who is neither a
citizen of the United States nor a lawfully admitted permanent
resident of the United States.
(d) This section shall not prohibit a contribution, expenditure,
or independent expenditure made by a lawfully admitted permanent
resident.
(e) Any person who violates this section shall be guilty of a
misdemeanor and shall be fined an amount equal to the amount
contributed or expended.
SEC. 53. Section 85321 of the Government Code is repealed.
85321. Notwithstanding any other provision of this chapter, if a
candidate for elective state office or the candidate's controlled
committee had net debts resulting from an election held prior to
January 1, 2001, contributions to that candidate or committee for
that election are not subject to the limits of Sections 85301 and
85302.
SEC. 54. Section 85501 of the Government Code is amended to read:
85501. A controlled committee of a candidate may not make
independent expenditures and may not contribute funds to
another committee for the purpose of making independent expenditures
to support or oppose other candidates.
SEC. 55. Section 85701 of the Government Code is repealed.
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.
SEC. 56. Section 85702 of the Government Code is repealed.
85702. An elected state officer or candidate for elected state
office may not accept a contribution from a lobbyist, and a lobbyist
may not make a contribution to an elected state officer or candidate
for elected state office, if that lobbyist is registered to lobby the
governmental agency for which the candidate is seeking election or
the governmental agency of the elected state officer.
SEC. 57. Section 85704 of the Government Code is repealed.
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 unless the contribution is fully disclosed
pursuant to Section 84302.
SEC. 58. Section 89510 of the Government Code is amended to read:
89510. (a) A candidate for elective state office may only accept
contributions within the limits provided in Chapter 5 (commencing
with Section 85100).
(b) All
89510. All contributions deposited into the
campaign account shall be deemed to be held in trust for expenses
associated with the election of the candidate or for expenses
associated with holding office.
SEC. 59. Section 89511.5 of the Government Code is amended to
read:
89511.5. (a) An incumbent elected officer may utilize his or her
personal funds for expenditures authorized by subdivision
(b) of Section 89510 without first depositing those funds
in his or her controlled committee's campaign bank account, if both
of the following conditions are met:
(1) The expenditures are not campaign expenses.
(2) The treasurer of the committee is provided with a dated
receipt and a written description of the expenditure.
(b) An incumbent elected officer may be reimbursed for
expenditures of his or her personal funds, from either the controlled
committee campaign bank account established pursuant to Section
85201 with respect to election to the incumbent term of office, or
from a controlled committee campaign bank account established
pursuant to Section 85201 with respect to election to a future term
of office, if all of the following conditions are met:
(1) The expenditures are not campaign expenses.
(2) The incumbent elected officer, prior to reimbursement,
provides the treasurer of the committee with a dated receipt and a
written description of each expenditure.
(3) Reimbursement is paid within 90 days of the expenditure, in
the case of a cash expenditure, or within 90 days of the end of the
billing period in which it was included, in the case of an
expenditure charged to a credit card or charge account.
(c) When the elected officer's controlled committee is notified
that expenditures totaling one hundred dollars ($100) or more in a
fiscal year have been made by the incumbent elected officer, the
committee shall report, pursuant to subdivision (k) of Section 84211,
the expenditures on the campaign statement for the period in which
the expenditures were made and the reimbursements on the campaign
statement for the period in which the reimbursements were made.
(d)
(c) If reimbursement is not paid within the time
authorized by this section, the expenditure shall be reported on the
campaign statement as a nonmonetary contribution received on the 90th
day after the expenditure is paid, in the case of a cash
expenditure, or within 90 days of the end of the billing period in
which it was included, in the case of an expenditure charged to a
credit card or charge account.
(e)
(d) This section shall not be construed to authorize an
incumbent elected officer to make expenditures from any campaign
bank account for expenses other than those expenses associated with
his or her election to the specific office for which the account was
established and expenses associated with holding that office.
SEC. 60. Section 89512.5 of the Government Code is amended to
read:
89512.5. (a) Subject to the provisions of subdivision (b), any
expenditure by a committee not subject to the trust imposed by
subdivision (b) of Section 89510 shall be
reasonably related to a political, legislative, or governmental
purpose of the committee.
(b) Any expenditure by a committee that confers a substantial
personal benefit on any individual or individuals with authority to
approve the expenditure of campaign funds held by the committee,
shall be directly related to a political, legislative, or
governmental purpose of the committee.
SEC. 61. Section 89513 of the Government Code is amended to read:
89513. This section governs the use of campaign funds for the
specific expenditures set forth in this section. It is the intent of
the Legislature that this section shall guide the interpretation of
the standard imposed by Section 89512 as applied to other
expenditures not specifically set forth in this section.
(a) (1) Campaign funds shall not be used to pay or reimburse the
candidate, the elected officer, or any individual or individuals with
authority to approve the expenditure of campaign funds held by a
committee, or employees or staff of the committee or the elected
officer's governmental agency for travel expenses and necessary
accommodations except when these expenditures are directly related to
a political, legislative, or governmental purpose.
(2) For the purposes of this section, payments or reimbursements
for travel and necessary accommodations shall be considered as
directly related to a political, legislative, or governmental purpose
if the payments would meet standards similar to the standards of the
Internal Revenue Service pursuant to Sections 162 and 274 of the
Internal Revenue Code for deductions of travel expenses under the
federal income tax law.
(3) For the purposes of this section, payments or reimbursement
for travel by the household of a candidate or elected officer when
traveling to the same destination in order to accompany the candidate
or elected officer shall be considered for the same purpose as the
candidate's or elected officer's travel.
(4) Whenever campaign funds are used to pay or reimburse a
candidate, elected officer, his or her representative, or a member of
the candidate's household for travel expenses and necessary
accommodations, the expenditure shall be reported as required by
Section 84211.
(5)
(4) Whenever campaign funds are used to pay or
reimburse for travel expenses and necessary accommodations, any
mileage credit that is earned or awarded pursuant to an airline bonus
mileage program shall be deemed personally earned by or awarded to
the individual traveler. Neither the earning or awarding of mileage
credit, nor the redeeming of credit for actual travel, shall be
subject to reporting pursuant to Section 84211 .
(b) (1) Campaign funds shall not be used to pay for or reimburse
the cost of professional services unless the services are directly
related to a political, legislative, or governmental purpose.
(2) Expenditures by a committee to pay for professional services
reasonably required by the committee to assist it in the performance
of its administrative functions are directly related to a political,
legislative, or governmental purpose.
(3) Campaign funds shall not be used to pay health-related
expenses for a candidate, elected officer, or any individual or
individuals with authority to approve the expenditure of campaign
funds held by a committee, or members of his or her household.
"Health-related expenses" includes, but is not limited to,
examinations by physicians, dentists, psychiatrists, psychologists,
or counselors, expenses for medications, treatments , or
medical equipment, and expenses for hospitalization, health club
dues, and special dietary foods. However, campaign funds may be used
to pay employer costs of health care benefits of a bona fide employee
or independent contractor of the committee.
(c) Campaign funds shall not be used to pay or reimburse fines,
penalties, judgments, or settlements, except those resulting from
either of the following:
(1) Parking citations incurred in the performance of an activity
that was directly related to a political, legislative, or
governmental purpose.
(2) Any other action for which payment of attorney's fees from
contributions would be permitted pursuant to this title.
(d) Campaign funds shall not be used for campaign, business, or
casual clothing , except specialty clothing that is not
suitable for everyday use, including, but not limited to, formal
wear, if this attire is to be worn by the candidate or elected
officer and is directly related to a political, legislative, or
governmental purpose.
(e) (1) Except where otherwise prohibited by law, campaign funds
may be used to purchase or reimburse for the costs of purchase of
tickets to political fundraising events for the attendance of a
candidate, elected officer, or his or her immediate family, or an
officer, director, employee, or staff of the committee or the elected
officer's governmental agency.
(2) Campaign funds shall not be used to pay for or reimburse for
the costs of tickets for entertainment or sporting events for the
candidate, elected officer, or members of his or her immediate
family, or an officer, director, employee, or staff of the committee,
unless their attendance at the event is directly related to a
political, legislative, or governmental purpose.
(3) The purchase of tickets for entertainment or sporting events
for the benefit of persons other than the candidate, elected officer,
or his or her immediate family are governed by subdivision (f).
(f) (1) Campaign funds shall not be used to make personal gifts
unless the gift is directly related to a political, legislative, or
governmental purpose. The refund of a campaign contribution does not
constitute the making of a gift.
(2) Nothing in this section shall prohibit the use of campaign
funds to reimburse or otherwise compensate a public employee for
services rendered to a candidate or committee while on vacation,
leave, or otherwise outside of compensated public time.
(3) An election victory celebration or similar campaign event, or
gifts with a total cumulative value of less than two hundred fifty
dollars ($250) in a single year made to an individual employee, a
committee worker, or an employee of the elected officer's agency, are
considered to be directly related to a political, legislative, or
governmental purpose. For purposes of this paragraph, a gift to a
member of a person's immediate family shall be deemed to be a gift to
that person.
(g) Campaign funds shall not be used to make loans other than to
organizations pursuant to Section 89515, or, unless otherwise
prohibited, to a candidate for elective office, political party, or
committee.
SEC. 62. 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 (commencing with
Section 84100) , 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 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. 63. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the duties imposed on a local agency or school district by this act
were expressly included in a ballot measure approved by the voters in
a statewide election, within the meaning of Section 17556 of the
Government Code.
SEC. 64. The Secretary of State shall, pursuant to subdivision (b)
of Section 81012 of the Government Code, submit Sections 3 to 62,
inclusive, of this act to the voters for approval at a statewide
election in accordance with Section 9040 of the Elections Code.
SEC. 65. Sections 1 and 2 of this act shall not become operative
unless and until the voters approve the amendments to the Political
Reform Act of 1974 (Title 9 (commencing with Section 81000) of the
Government Code) made by Sections 3 to 62, inclusive, of this act, at
the statewide election described in Section 64.