Amended in Senate May 27, 2014

Amended in Senate May 15, 2014

Senate Bill No. 1103

Introduced by Senator Padilla

February 19, 2014

An act to begin delete amend Sections 85200 and 85201 of end delete begin insert add Section 85201.5 to end insert the Government Code, relating to the Political Reform Act of 1974 begin insert , and declaring the urgency thereof end insert begin insert , to take effect immediately end insert .

LEGISLATIVE COUNSEL’S DIGEST

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.

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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 Assembly, Senate, or constitutional office at an election other than the next election or next 2 elections at which that office will appear on the ballot, as specified.

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This bill would prohibit an elected state officer or candidate for elective state office who has filed a statement of intention to be a candidate for more than one elective state office pursuant to Section 85200 from having more than 2 campaign contribution accounts open simultaneously for purposes of receiving contributions in connection with those elective state offices.

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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.

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This bill would declare that it is to take effect immediately as an urgency statute.

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

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

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SECTION 1.  

Section 85200 of the Government Code is
amended to read:

85200.  

(a) Prior to the solicitation or receipt of a 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.

(1) 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.

(2) An individual shall not file, and the Secretary of State shall
not accept, either of the following:

(A) A statement of intention to be a candidate for the office of
Member of the Assembly at an election other than the next two
elections at which that office will appear on the ballot.

(B) A statement of intention to be a candidate for an elective
state office other than the office of Member of the Assembly at an
election other than the next election at which that elective state
office will appear on the ballot.

(b) An individual who intends to be a candidate for any other
elective office shall file the statement of intention to be a candidate
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.

(c) For 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 filing a statement of intention to be a
candidate pursuant to Section 85200, an individual shall establish
one campaign contribution account at an office of a financial
institution located in the state. If an individual has established
campaign contribution accounts for multiple elective state offices,
the individual shall deposit contributions only into the campaign
contribution account associated with the most recently filed
statement of intention to be a candidate.

(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 that 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.

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begin insert SECTION 1 end insert begin insert . end insert   

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begin insert Section 85201.5 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

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begin insert 85201.5. end insert   

(a) Notwithstanding Section 85201, an elected state
officer or candidate for elective state office who has filed a
statement of intention to be a candidate for more than one elective
state office pursuant to Section 85200 shall in no event have more
than two campaign contribution accounts open simultaneously for
purposes of receiving contributions in connection with those
elective state offices.

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

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

begin delete SEC. 4. end delete
begin insert SEC. 3. end insert   

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

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begin insert SEC. 4. end insert   

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This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

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In order to implement these proposals at the earliest possible
time prior to the 2014 General Election, it is necessary that this
act take immediate effect.

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