BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Kevin de León, Chair
SB 1103 (Padilla) - PRA: Candidacy for State Office
Amended: As Introduced Policy Vote: E&CA 5-0
Urgency: No Mandate: No
Hearing Date: May 12, 2014 Consultant: Maureen Ortiz
This bill does not meet the criteria for referral to the
Suspense File.
Bill Summary: SB 1103 makes several changes to the Political
Reform Act relating to filing a statement of intention for
multiple elected offices.
Fiscal Impact:
Minor administrative and enforcement costs to the FPPC
(General)
Background: Existing law, pursuant to the Political Reform Act
(PRA), 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.
Existing law also requires the individual to establish one
campaign contribution account, as specified, upon filing the
statement of intention to be a candidate. Furthermore, all
contributions or loans made to the candidate, to a person on
behalf of the candidate, or to the candidate's controlled
committee must be deposited in the account. Any personal funds
that will be utilized to promote the election of the candidate
must also be deposited in the account prior to expenditure and
all campaign expenditures must be made from the account.
An individual is prohibited from filing nomination papers for
more than one office at the same election but does not prohibit
an individual from filing a statement of intention and
establishing a campaign contribution account for more than one
office at the same election.
An individual is not prohibited under current law from filing a
SB 1103 (Padilla)
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statement of intention to be a candidate for elective state
office at an election occurring after the next time that office
will appear on the ballot (e.g. it is currently permissible to
file a statement to be a candidate for state office for the
2018, 2020, 2022 etc. elections even though the office will next
appear on the 2016 ballot).
Proposed Law: Specifically, SB 1103 does the following:
1) Provides that if an individual has filed a statement of
intention for elective state office, a subsequent filing of a
statement of intention for a different office at that same
election will cause a revocation of the first filing.
2) Provides that if a candidate has established campaign
contribution accounts for multiple elective state offices that
are to be voted upon at the same election, the individual can
only deposit contributions into the account associated with the
most recently filed statement of intention to be a candidate.
3) Prohibits an individual from filing 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.
Staff Comments: SB 1103 will not prohibit an individual from
filing more than one statement of intention for more than one
office at the same election but it would provide that if an
individual has already 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
would constitute a revocation of the previously filed statement.
It would also prohibit the individual thereafter from
soliciting or receiving a contribution or loan for the office
associated with the first statement filed.
Recommended Amendments: Staff notes that SB 1103 prohibits an
individual from filing a statement of intention to be a
candidate for an elective state office at an election other than
the election at which that office will next appear on the
ballot.
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This limitation might pose difficulties for an individual who
wants to run for a particular office, but will have to wait
until an incumbent has filed a statement of intention for
his/her final term (due to term limits, for example) before
filing a statement of intention and beginning to raise funds for
the following election of that office. For example: An
individual wants to run for Assembly District 78 but does not
want to challenge the incumbent. Under the current version of
the bill, this potential candidate would have to wait until
after the filing deadline for the 2014 election to start raising
money for the 2016 election, the primary for which is only 19
months away by then.
The amendment proposed below will permit that person to start
raising money for the 2016 election right after the 2012
election knowing that the incumbent would be seeking re-election
in 2014.
Page 2, line 17:
(2) 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 next two
elections at which that elective state office will next appear
on the ballot.
This will still prevent individuals from filing and fundraising
for an office that is many years away.