SB 1103, as amended, 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 anbegin delete elective stateend deletebegin insert Assembly, Senate, or constitutionalend insert office at an election other thanbegin delete the election at which that elective state office will next appear on the ballotend deletebegin insert the next election or next 2 elections at which that office will appear on the ballot, as specifiedend insert.
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 85200 of the Government Code is
2amended to read:
(a) Prior to the solicitation or receipt of a contribution
4or loan, an individual who intends to be a candidate for an elective
5state office, as that term is defined by Section 82024, shall file
6with the Secretary of State an original statement, signed under
7penalty of perjury, of intention to be a candidate for a specific
8office.
9(1) If an individual has previously filed a statement of intention
10to be a candidate for an elective state office, the subsequent filing
11of a statement of intention to be a candidate for a different elective
12state office to be voted upon at the same election shall constitute
13a revocation of the previously filed statement of
intention to be a
14candidate, and the individual shall not thereafter solicit or receive
15a contribution or loan for the elective state office for which he or
16she previously filed a statement of intention to be a candidate.
17(2) An individual shall not file, and the Secretary of State shall
18not accept,begin delete a statementend deletebegin insert either of the following:end insert
19begin insert(A)end insertbegin insert end insertbegin insertA statementend insert of intention to be a candidate forbegin delete an elective
20state
officeend delete
P3 1other than thebegin delete electionend deletebegin insert next two electionsend insert at which that begin deleteelective office will
2state end deletebegin delete nextend delete appear on the ballot.
3(B) A statement of intention to be a candidate for an elective
4state office other than the office of Member of the Assembly at an
5election other than the next election at which that elective state
6office will appear on
the ballot.
7(b) An individual who intends to be a candidate for any other
8elective office shall file the statement of intention to be a candidate
9with the same filing officer and in the same location as the
10individual would file an original campaign statement pursuant to
11subdivisions (b), (c), and (d) of Section 84215.
12(c) For purposes of this section, “contribution” and “loan” do
13not include any payments from the candidate’s personal funds for
14a candidate filing fee or a candidate statement of qualifications
15fee.
Section 85201 of the Government Code is amended
17to read:
(a) Upon filing a statement of intention to be a
19candidate pursuant to Section 85200, an individual shall establish
20one campaign contribution account at an office of a financial
21institution located in the state. If an individual has established
22campaign contribution accounts for multiple elective state offices
23begin delete that are to be voted upon at the same electionend delete, the individual shall
24deposit contributions only into the campaign contribution account
25associated with the most recently filed statement of intention to
26be a candidate.
27(b) As required by subdivision (f) of Section 84102,
a candidate
28who raises contributions of one thousand dollars ($1,000) or more
29in a calendar year shall set forth the name and address of the
30financial institution where the candidate has established a campaign
31contribution account and the account number on the committee
32statement of organization filed pursuant to Sections 84101 and
3384103.
34(c) All contributions or loans made to the candidate, to a person
35
on behalf of the candidate, or to the candidate’s controlled
36committee shall be deposited in the account.
37(d) Any personal funds that will be utilized to promote the
38election of the candidate shall be deposited in the account prior to
39expenditure.
40(e) All campaign expenditures shall be made from the account.
P4 1(f) Subdivisions (d) and (e) do not apply to a candidate’s
2payment for a filing fee and statement of qualifications from his
3or her personal funds.
4(g) This section does not apply to a candidate who will not
5receive contributions and who makes expenditures from personal
6funds of less than one thousand dollars ($1,000) in a calendar year
7to
support his or her candidacy. For purposes of this section, a
8candidate’s payment for a filing fee and statement of qualifications
9shall not be included in calculating the total expenditures made.
10(h) An individual who raises contributions from others for his
11or her campaign, but who raises or spends less than one thousand
12dollars ($1,000) in a calendar year, and does not qualify as a
13committee under Section 82013, shall establish a campaign
14contribution account pursuant to subdivision (a), but is not required
15to file a committee statement of organization pursuant to Section
1684101 or other statement of bank account information.
No reimbursement is required by this act pursuant to
18Section 6 of Article XIII B of the California Constitution because
19the only costs that may be incurred by a local agency or school
20district will be incurred because this act creates a new crime or
21infraction, eliminates a crime or infraction, or changes the penalty
22for a crime or infraction, within the meaning of Section 17556 of
23the Government Code, or changes the definition of a crime within
24the meaning of Section 6 of Article XIII B of the California
25Constitution.
The Legislature finds and declares that this bill furthers
27the purposes of the Political Reform Act of 1974 within the
28meaning of subdivision (a) of Section 81012 of the Government
29Code.
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