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 begin insertto be voted upon at the same election end insertwould effect a revocation of the prior statement of intention to be a candidate,begin delete except
as provided,end delete 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 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.
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) (1) begin delete(A)end deletebegin delete end deletebegin deleteExcept as provided in paragraph (2), if end delete
4begin insertIf 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 insert to be voted upon at the same
8electionend insert shall constitute a revocation
of the previously filed
9statement of intention to be a candidate, and the individual shall
10
not thereafter solicit or receive a contribution or loan for the
11elective state office for which he or she previously filed a statement
12of intention to be a candidate.
13(B)
end delete
P3 1begin insert(2)end insert A revocation pursuant to thisbegin delete paragraphend deletebegin insert subdivisionend insert shall
2become effective 31 days after the filing of a subsequent statement
3of intention to be a candidate for a different elective state office.
4(C)
end delete
5begin insert(3)end insert If a revocation pursuant to thisbegin delete paragraphend deletebegin insert subdivisionend insert
6 becomes effective, any remaining funds in the campaign
7contribution account associated with the revoked statement of
8intention to be a candidate shall be treated as surplus funds pursuant
9to Section 89519.
10(2) If a candidate for the office of Member of the Assembly
11files a subsequent statement of intention to be a candidate for the
12office of state Senator or any office identified in subdivision (f)
13of Section 14 of Article V of the California Constitution, and that
14office is to be voted upon at a separate election, the filing of the
15subsequent statement of intention to be a candidate shall not
16constitute a revocation of the previously filed statement of intention
17to be a candidate.
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.
No reimbursement is required by this act pursuant to
29Section 6 of Article XIII B of the California Constitution because
30the only costs that may be incurred by a local agency or school
31district will be incurred because this act creates a new crime or
32infraction, eliminates a crime or infraction, or changes the penalty
33for a crime or infraction, within the meaning of Section 17556 of
34the Government Code, or changes the definition of a crime within
35the meaning of Section 6 of Article XIII B of the California
36Constitution.
The Legislature finds and declares that this bill furthers
38the purposes of the Political Reform Act of 1974 within the
P4 1meaning of subdivision (a) of Section 81012 of the Government
2Code.
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