BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  SB 1103
          Author:   Padilla (D)
          Amended:  5/27/14
          Vote:     27 - Urgency

           
           SENATE ELECTIONS & CONST. AMEND. COMM.  :  5-0, 4/22/14
          AYES:  Torres, Anderson, Hancock, Jackson, Padilla

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 5/23/14
          AYES:  De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg


           SUBJECT  :    Political Reform Act of 1974:  candidacy for  
          elective state office

           SOURCE  :     Author


           DIGEST  :    This bill prohibits 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, from having more than two campaign contribution accounts  
          open simultaneously for purposes of receiving contributions in  
          connection with those elective state offices.

           ANALYSIS  :    

          Existing law:

          1. Requires, pursuant to the Political Reform Act (PRA), an  
             individual to file a statement of intention to be a candidate  
             for an elective office, signed under penalty of perjury,  
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             prior to soliciting or receiving a contribution or loan. 

          2. 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.

          3. Prohibits an individual 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.

          This bill prohibits 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, from  
          having more than two campaign contribution accounts open  
          simultaneously for purposes of receiving contributions in  
          connection with those elective state offices.

           Background
           
           Statements of Intention vs. Nomination Papers  .  A statement of  
          intention to be a candidate for an elective office is intended  
          to disclose an individual's intent to start raising campaign  
          contributions toward seeking a particular office.  Nomination  
          papers, including declarations of candidacy, are filed with  
          elections officials in order for the individual's name to appear  
          on the ballot as an actual candidate for the office.

           Ramifications on Contribution Limits  .  As stated below, the  
          author contends that permitting individuals to raise campaign  
          contributions for more than one office appearing on the same  
          ballot could be viewed as a way to circumvent the applicable  
          contribution limits in place for the individual offices.   
          Currently, the limits for campaign contributions to candidates  
          for elective state office are as follows:


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             To a candidate for elective state office other than a  
             candidate for statewide elective office, no person may  
             contribute more than $4,100 per election and no small  
             contributor committee may contribute more than $8,200 per  
             election;

             To a candidate for elective statewide office other than a  
             candidate for Governor, no person may contribute more than  
             $6,800 per election and no small contributor committee may  
             contribute more than $13,600 per election; and

             To a candidate for Governor, no person or small contributor  
             committee may contribute more than $27,200 per election.

          Currently the Fair Political Practices Commission (FPPC) is  
          required to adjust these contribution limits biannually to  
          reflect any increase or decrease in the Consumer Price Index.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          According to the Senate Appropriations Committee, minor  
          administrative and enforcement costs to the FPPC (General).

           SUPPORT  :   (Verified  5/27/14)

          League of Women Voters
          Maplight

           ARGUMENTS IN SUPPORT  :    According to MapLight, "This important  
          bill would update the Political Reform Act by prohibiting  
          elected officials from declaring their intention to run and  
          raise money for more than one elective state office at a time. 

          "Currently, it is legal to declare an intention to run for more  
          than one office at a time.  By simply expressing the intention  
          to run for multiple office, an official may open multiple  
          campaign committees.  These multiple campaign committees can be  
          used to cumulatively raise money from an individual donor in  
          excess of the established campaign contribution limits." 


          RM:d  5/27/14   Senate Floor Analyses 


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                           SUPPORT/OPPOSITION:  SEE ABOVE

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