SB 1104, as amended, Padilla. Political Reform Act of 1974: campaign communication disclosure.
The Political Reform Act of 1974 regulates certain communications, including mass mailings, slate mailers, and advertisements, by requiring those items to include specified information and disclosures.
This bill would require a candidate for elective state office, a slate mailer organization, or a committee that authorizes an expenditure for a campaign communication, as defined, to file an electronic copy of the campaign communication with the Secretary of State, as specified. begin insertThis bill would make this requirement operative on July 1, 2017, or on a date determined by the Secretary of State, whichever occurs earlier. end insertThe bill would require the Secretary of State to maintain an archive of the filed campaign communications and to make the
campaign communications available for public inspection on his or her Internet Web sitebegin insert, as specifiedend insert.begin delete This bill would make these changes operative on July 1, 2017.end deletebegin insert This bill would permit the Secretary of State to promulgate regulations to implement these provisions.end insert
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:
Article 6 (commencing with Section 84550) is
2added to Chapter 4 of Title 9 of the Government Code, to read:
3
(a) For purposes of this section, the following terms
7have the following meanings:
8(1) “Campaign communication” means an advertisement, as
9defined in Section 84501, that advocates support for or opposition
10to a candidate for elective state office or a statewide ballot measure;
11a mass mailing, as defined in Section 82041.5, that advocates
12support for or opposition to a candidate for elective state office or
13a statewide ballot measure; or a slate mailer, as defined in Section
1482048.3, that advocates support for or opposition to a candidate
15for elective state office or a statewide ballot measure.
16(2) “Elective
state office” has the same meaning as set forth in
17Section 82024, but does not include a member elected to the Board
18of Administration of the Public Employees’ Retirement System
19or a member elected to the Teachers’ Retirement Board.
20(b) begin insert(1)end insertbegin insert end insertA candidate for elective state office, a slate mailer
21organization, or a committee that authorizes an expenditure for a
P3 1campaign communication shall file an electronic copy of the
2campaign communication with the Secretary of State as follows:
3(1) (A)
end delete
4begin insert(A)end insertbegin insert end insertbegin insert(i)end insertbegin insert end insertA campaign communication that is distributed by postal
5mail during the period from 90 days prior to the election at which
6the candidate or measure that is the subject of the campaign
7communication will appear on the ballot to the day of the election,
8inclusive, shall be filed not later than 72 hours after the first
9distribution of the campaign communication.
10(B)
end delete
11begin insert(ii)end insert A campaign communication that is distributed in a manner
12other than by postal mail during the period from 90 days prior to
13the election at which the candidate or measure that is the subject
14of the campaign communication will appear on the ballot to the
15day of the election, inclusive, shall be filed not later than 24 hours
16after the first distribution of the campaign communication.
17(2)
end delete
18begin insert(B)end insert A campaign communication that is distributed at any time
19other than that described inbegin delete paragraph (1)end deletebegin insert
subparagraph (A)end insert shall
20be filed not later than five business days after the first distribution
21of the campaign communication.
22(2) A candidate for elective state office, a slate mailer
23organization, or a committee that files an electronic copy of a
24campaign communication with the Secretary of State pursuant to
25this subdivision shall identify in the filing the date the
26communication was first distributed.
27(3) This subdivision shall become operative on July 1, 2017, or
28on a date determined by the Secretary of State, whichever occurs
29earlier.
30(c) The Secretary of State shall maintainbegin delete an archiveend deletebegin insert
electronic
31recordsend insert
of all campaign communications that are filed pursuant
32to this section and shall make the campaign communications
33available for public inspection on his or her Internet Web sitebegin delete.end deletebegin insert as
34follows:end insert
35(1) A campaign communication that is filed by a candidate who
36is subsequently elected to the office sought shall be available for
37public inspection for the period during which the elected candidate
38serves in that office.
39(2) (A) Except as provided in subparagraph (B), a campaign
40communication that is filed other than by a candidate who is
P4 1subsequently
elected to the office sought shall be available for
2public inspection for a period determined by regulations of the
3Secretary of State, which in no event shall be less than five years.
4(B) In the absence of regulations by the Secretary of State
5establishing a period of public inspection, a campaign
6communication that is filed other than by a candidate who is
7subsequently elected to the office sought shall be available for
8public inspection for a period of five years.
9(d) Electronic records maintained pursuant to this section shall
10be subject to the State Records Management Act (Article 7
11(commencing with Section 12270) of Chapter 3 of Part 2 of
12Division 3 of Title 2).
13(e) The Secretary of State may promulgate regulations to
14implement this section.
15(d) This section shall become operative on July 1, 2017.
end deleteNo reimbursement is required by this act pursuant to
17Section 6 of Article XIII B of the California Constitution because
18the only costs that may be incurred by a local agency or school
19district will be incurred because this act creates a new crime or
20infraction, eliminates a crime or infraction, or changes the penalty
21for a crime or infraction, within the meaning of Section 17556 of
22the Government Code, or changes the definition of a crime within
23the meaning of Section 6 of Article XIII B of the California
24Constitution.
The Legislature finds and declares that this bill furthers
26the purposes of the Political Reform Act of 1974 within the
27meaning of subdivision (a) of Section 81012 of the Government
28Code.
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