BILL ANALYSIS Ó
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UNFINISHED BUSINESS
Bill No: SB 1103
Author: Padilla (D)
Amended: 8/14/14
Vote: 27
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
SENATE FLOOR : 34-1, 6/9/14
AYES: Beall, Block, Cannella, Corbett, Correa, De León,
DeSaulnier, Evans, Fuller, Gaines, Galgiani, Hancock,
Hernandez, Hill, Hueso, Huff, Jackson, Knight, Lara, Leno,
Liu, Mitchell, Monning, Morrell, Nielsen, Padilla, Pavley,
Roth, Steinberg, Torres, Vidak, Walters, Wolk, Wyland
NOES: Anderson
NO VOTE RECORDED: Berryhill, Calderon, Lieu, Wright, Yee
ASSEMBLY FLOOR : 77-1, 8/27/14 - See last page for vote
SUBJECT : Political Reform Act of 1974: candidacy for
elective state office
SOURCE : Author
DIGEST : This bill prohibits an elected state officer or a
candidate for elected state office from having campaign
contribution accounts open to run for more than one elective
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state office at the same election, or from opening a campaign
contribution account to run for elective state office at an
election that is more than four years in the future.
Assembly Amendments remove the urgency clause; delete the
prohibition stating that 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, as
specified, from having more than two campaign contribution
accounts open simultaneously for purposes of receiving
contributions in connection with those elective state offices;
prohibit an elected state officer or a candidate for elected
state office from having campaign contribution accounts open to
run for more than one elective state office at the same
election, or from opening a campaign contribution account to run
for elective state office at an election that is more than four
years in the future; and make other corresponding changes
related to filing a statement of contention.
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,
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.
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This bill:
1. Provides that if an individual has previously filed a
statement of intention to be a candidate for an elective
state office, and that individual subsequently files a
statement of intention to be a candidate for a different
elective state office to be voted on at the same election,
the filing of the second statement of intention shall
constitute a revocation of the previously filed statement of
intention. Provides that the individual shall not thereafter
solicit or receive a contribution or a loan for the elective
state office for which he/she previously filed a statement of
intention to be a candidate.
2. Provides that a revocation of a statement of intention
pursuant to this provision is effective 31 days after the
filing of the subsequent statement of intention.
3. Provides that any funds remaining in a campaign contribution
account associated with the revoked statement of intention
shall be treated as surplus funds, in accordance with
existing law.
4. Prohibits an individual from filing, and prohibits the
Secretary of State from accepting, either of the following:
A. A statement of intention to be a candidate for the
office of Member of the Assembly at an election other
than the next two elections at which the office will
appear on the ballot; or
B. A statement of intention to be a candidate for an
elective state office other than the office of Member
of the Assembly at an election other than the next
election at which that elective state office will
appear on the ballot.
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
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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:
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 8/27/14)
California League of Conservation Voters
League of Women Voters
Maplight
ARGUMENTS IN SUPPORT : According to MapLight, "This important
bill would update the Political Reform Act by prohibiting
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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."
ASSEMBLY FLOOR : 77-1, 8/27/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Roger Hernández, Holden,
Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, John A.
Pérez, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Rodriguez,
Salas, Skinner, Stone, Ting, Wagner, Waldron, Weber,
Wieckowski, Wilk, Williams, Yamada, Atkins
NOES: Ridley-Thomas
NO VOTE RECORDED: Harkey, Vacancy
RM:d 8/27/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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