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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