Senate Bill No. 1103

Introduced by Senator Padilla

February 19, 2014

An act to amend Sections 85200 and 85201 of the Government Code, relating to the Political Reform Act of 1974.

LEGISLATIVE COUNSEL’S DIGEST

SB 1103, as introduced, Padilla. Political Reform Act of 1974: candidacy for elective state office.

The Political Reform Act of 1974 requires an individual to file a statement of intention to be a candidate for an elective office, signed under penalty of perjury, prior to soliciting or receiving a contribution or loan. The act requires the individual to establish one campaign contribution account, as specified, upon filing the statement of intention to be a candidate.

This bill would provide that, if an individual files a statement of intention to be a candidate for elective state office, the filing of a subsequent statement of intention to be a candidate for a different elective state office that is to be voted upon at the same election would effect a revocation of the prior statement of intention to be a candidate, and the individual would thereafter be prohibited from soliciting or receiving a contribution or loan for the elective state office for which he or she previously filed a statement of intention to be a candidate. The bill would prohibit an individual from filing, and the Secretary of State from accepting, a statement of intention to be a candidate for an elective state office at an election other than the election at which that elective state office will next appear on the ballot.

A violation of the act’s provisions is punishable as a misdemeanor. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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

The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a 2⁄3 vote of each house and compliance with specified procedural requirements.

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

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

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

SECTION 1.  

Section 85200 of the Government Code is
amended to read:

85200.  

begin insert (a) end insert begin insert   end insert Prior to the solicitation or receipt of begin delete any end delete begin insert a end insert
contribution or loan, an individual who intends to be a candidate
for an elective state office, as that term is defined by Section 82024,
shall file with the Secretary of State an original statement, signed
under penalty of perjury, of intention to be a candidate for a specific
office.

begin insert (1) end insert begin insert   end insert begin insert If an individual has previously filed a statement of intention
to be a candidate for an elective state office, the subsequent filing
of a statement of intention to be a candidate for a different elective
state office to be voted upon at the same election shall constitute
a revocation of the previously filed statement of intention to be a
candidate, and the individual shall not thereafter solicit or receive
a contribution or loan for the elective state office for which he or
she previously filed a statement of intention to be a candidate. end insert

begin insert (2) end insert begin insert   end insert begin insert An individual shall not file, and the Secretary of State shall
not accept, a statement of intention to be a candidate for an elective
state office at an election other than the election at which that
elective state office will next appear on the ballot. end insert

begin delete

An

end delete

begin insert (b) end insert begin insert   end insert begin insert An end insert individual who intends to be a candidate for any other
elective office shall file the statement of intention begin insert to be a candidate end insert
with the same filing officer and in the same location as the
individual would file an original campaign statement pursuant to
subdivisions (b), (c), and (d) of Section 84215.

begin delete

For

end delete

begin insert (c) end insert begin insert   end insert begin insert For end insert purposes of this section, “contribution” and “loan” do
not include any payments from the candidate’s personal funds for
a candidate filing fee or a candidate statement of qualifications
fee.

SEC. 2.  

Section 85201 of the Government Code is amended
to read:

85201.  

(a) Upon begin delete the end delete filing begin delete of the end delete begin insert a end insert statement of intention begin insert to
be a candidate end insert pursuant to Section 85200, begin delete the end delete begin insert an end insert individual shall
establish one campaign contribution account at an office of a
financial institution located in the state. begin insert If an individual has
established campaign contribution accounts for multiple elective
state offices that are to be voted upon at the same election, the
individual shall deposit contributions only into the campaign
contribution account associated with the most recently filed
statement of intention to be a candidate. end insert

(b) As required by subdivision (f) of Section 84102, a candidate
who raises contributions of one thousand dollars ($1,000) or more
in a calendar year shall set forth the name and address of the
financial institution where the candidate has established a campaign
contribution account and the account number on the committee
statement of organization filed pursuant to Sections 84101 and
84103.

(c) All contributions or loans made to the candidate, to a person
on behalf of the candidate, or to the candidate’s controlled
committee shall be deposited in the account.

(d) Any personal funds begin delete which end delete begin insert that end insert will be utilized to promote
the election of the candidate shall be deposited in the account prior
to expenditure.

(e) All campaign expenditures shall be made from the account.

(f) Subdivisions (d) and (e) do not apply to a candidate’s
payment for a filing fee and statement of qualifications from his
or her personal funds.

(g) This section does not apply to a candidate who will not
receive contributions and who makes expenditures from personal
funds of less than one thousand dollars ($1,000) in a calendar year
to support his or her candidacy. For purposes of this section, a
candidate’s payment for a filing fee and statement of qualifications
shall not be included in calculating the total expenditures made.

(h) An individual who raises contributions from others for his
or her campaign, but who raises or spends less than one thousand
dollars ($1,000) in a calendar year, and does not qualify as a
committee under Section 82013, shall establish a campaign
contribution account pursuant to subdivision (a), but is not required
to file a committee statement of organization pursuant to Section
84101 or other statement of bank account information.

SEC. 3.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

SEC. 4.  

The Legislature finds and declares that this bill furthers
the purposes of the Political Reform Act of 1974 within the
meaning of subdivision (a) of Section 81012 of the Government
Code.