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 officebegin delete that is to be voted upon at the same electionend delete would effect a revocation of the prior statement of intention to be a candidate, begin insertexcept
as provided, end insertand 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 other constitutional office at an election other than the next election or next 2 regularly scheduled elections at which that office will appear on the ballot, as specified.begin delete This bill would prohibit an elected state officer or candidate for elective state office who has filed statements of intention to be a candidate for multiple elective state offices that are to be voted upon at separate elections from having more than 2 campaign contribution accounts open simultaneously for purposes of receiving contributions in connection with those elective state offices.end delete
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 85201.5 is added to the Government
2Code, to read:
(a) begin deleteIf end deletebegin insert(1)end insertbegin insert end insertbegin insert(A)end insertbegin insert end insertbegin insertExcept as provided in paragraph (2),
4if end insertan individual has previously filed a statement of intention to be
5a candidate for an elective state office pursuant to Section 85200,
6the subsequent filing of a statement of intention to be a candidate
7for a different elective state officebegin delete to be voted upon at the same shall constitute a revocation of the previously filed
8electionend delete
9statement of intention to be a candidate, and the individual shall
10
not thereafter solicit or receive a contribution or loan for the
P3 1elective state office for which he or she previously filed a statement
2of intention to be a candidate.
3(B) A revocation pursuant to this paragraph shall become
4effective 31 days after the filing of a subsequent statement of
5intention to be a candidate for a different elective state office.
6(C) If a revocation pursuant to this paragraph becomes effective,
7any remaining funds in the campaign contribution account
8associated with the revoked statement of intention to be a candidate
9shall be treated as surplus funds pursuant to Section 89519.
10(2) If a candidate for the office of Member of the Assembly files
11a subsequent statement of intention to be a candidate for the office
12of state Senator or any office identified in subdivision (f) of Section
1314 of Article V of the California Constitution, and that office is to
14be voted upon at a separate election, the filing of the subsequent
15statement of intention to be a candidate shall not constitute a
16revocation of the previously filed statement of intention to be a
17candidate.
18(b) An individual shall not file, and the Secretary of State shall
19not accept, either of the following:
20(1) A statement of intention to be a candidate for the office of
21Member of the Assembly at an election other than the next two
22regularly scheduled elections at which that office will appear on
23the ballot.
24(2) A statement of intention to be a candidate for an elective
25state office other than the office of Member of the Assembly at an
26election other than the next regularly scheduled election at which
27that elective state office will appear on the ballot.
28(c) Notwithstanding Section 85201, an elected state officer or
29candidate for elective state office who has filed statements of
30intention to be a candidate for multiple elective state offices that
31are to be voted upon at separate elections shall in no event have
32more than two campaign contribution accounts open
33simultaneously
for purposes of receiving contributions in
34connection with those elective state offices.
No reimbursement is required by this act pursuant to
36Section 6 of Article XIII B of the California Constitution because
37the only costs that may be incurred by a local agency or school
38district will be incurred because this act creates a new crime or
39infraction, eliminates a crime or infraction, or changes the penalty
40for a crime or infraction, within the meaning of Section 17556 of
P4 1the Government Code, or changes the definition of a crime within
2the meaning of Section 6 of Article XIII B of the California
3Constitution.
The Legislature finds and declares that this bill furthers
5the purposes of the Political Reform Act of 1974 within the
6meaning of subdivision (a) of Section 81012 of the Government
7Code.
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