BILL NUMBER: SB 1442 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 27, 2014
INTRODUCED BY Senators Lara, Corbett, De León, Hill, Monning, Roth,
Steinberg, and Torres
FEBRUARY 21, 2014
An act to amend Sections 82036, 82036.5, 82048.4, 84101,
84103, 84200, 84200.5, 84200.6, 84200.8, 84215, 84218, 84252, and
90002 of, to add Section 84200.3 to, and to repeal Sections 84200.7,
84202.3, 84202.5, 84202.7, 84203.5, and 84204.5 of, the Government
Code, relating to the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
SB 1442, as amended, Lara. Political Reform Act of 1974 :
campaign statements .
Existing law, the Political Reform Act of 1974, provides for the
comprehensive regulation of campaign financing, including requiring
the reporting of campaign contributions and expenditures and imposing
other reporting and recordkeeping requirements on campaign
committees. The act requires elected officers, candidates,
committees, and slate mailer organizations to file various reports,
including semiannual reports, preelection statements, and
supplemental preelection statements.
This bill would require elected state officers, candidates for
elective state office, and committees primarily formed to support or
oppose a candidate for elective state office or one or more statewide
ballot measures to file quarterly statements each year instead of
semiannual statements, as specified. The bill would recast or repeal
other specified reporting requirements, including supplemental
preelection statements, supplemental independent expenditure reports,
and odd-numbered year reports.
The act defines "late contributions" and "late independent
expenditures" for purposes of the act to include certain
contributions and independent expenditures, respectively, that are
made within 90 days before the date of the election.
This bill would revise the definitions to specify that those terms
also include contributions and independent expenditures that are
made on the date of the election.
The bill would also make conforming changes.
A violation of the act's provisions is punishable as a
misdemeanor. By expanding the scope of a 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.
Existing law, the Political Reform Act of 1974, provides for the
comprehensive regulation of campaign financing, including requiring
the reporting of campaign contributions and expenditures and imposing
other reporting and recordkeeping requirements on campaign
committees. The act also imposes administrative, civil, and criminal
fines and penalties for violations of its provisions.
This bill would declare the intent of the Legislature to enact
legislation relating to campaign committee reporting schedules under
the Political Reform Act of 1974.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 82036 of the
Government Code is amended to read:
82036. "Late contribution" means any of the following:
(a) A contribution, including a loan, that totals in the aggregate
one thousand dollars ($1,000) or more and is made to or received by
a candidate, a controlled committee, or a committee formed or
existing primarily to support or oppose a candidate or measure
within 90 days before on the date of
the election election, or during the 90-day
period preceding the date of the election, at which the
candidate or measure is to be voted on. For purposes of the Board of
Administration of the Public Employees' Retirement System and the
Teachers' Retirement Board, "the date of the election" is the
deadline to return ballots.
(b) A contribution, including a loan, that totals in the aggregate
one thousand dollars ($1,000) or more and is made to or received by
a political party committee, as defined in Section 85205, on the
date of a state electi on or within 90 days before
the date of a state election.
SEC. 2. Section 82036.5 of the
Government Code is amended to read:
82036.5. "Late independent expenditure" means an independent
expenditure that totals in the aggregate one thousand dollars
($1,000) or more and is made for or against a specific candidate or
measure involved in an election within 90 days before
on the date of the election or during the
90-day period preceding the date of the election. For purposes
of the Board of Administration of the Public Employees' Retirement
System and the Teachers' Retirement Board, "the date of the election"
is the deadline to return ballots.
SEC. 3. Section 82048.4 of the
Government Code is amended to read:
82048.4. (a) "Slate mailer organization" means, except as
provided in subdivision (b), any a
person who, directly or indirectly, does all of the following:
(1) Is involved in the production of one or more slate mailers and
exercises control over the selection of the candidates and measures
to be supported or opposed in the slate mailers.
(2) Receives or is promised payments totaling five hundred dollars
($500) or more in a calendar year for the production of one or more
slate mailers.
(b) Notwithstanding subdivision (a), a slate mailer
organization shall "Slate mailer organization" does
not include any of the following:
(1) A candidate or officeholder or a candidate's or officeholder's
controlled committee.
(2) An official committee of any a
political party.
(3) A legislative caucus committee.
(4) A committee primarily formed to support or oppose a candidate,
officeholder, or ballot measure.
(c) The production and distribution of slate mailers by a slate
mailer organization shall not be considered making contributions or
expenditures for purposes of subdivision (b) or (c) of Section 82013.
If a slate mailer organization makes contributions or expenditures
other than by producing or distributing slate mailers, and it reports
those contributions and expenditures pursuant to Sections 84218 and
84219, no additional campaign reports shall be required of the slate
mailer organization pursuant to Section 84200
84200, 84200.3, or 84200.5.
SEC. 4. Section 84101 of the Government
Code is amended to read:
84101. (a) A committee that is a committee by virtue of
subdivision (a) of Section 82013 shall file a statement of
organization. The committee shall file the original of the statement
of organization with the Secretary of State and shall also file a
copy of the statement of organization with the local filing officer,
if any, with whom the committee is required to file the originals of
its campaign reports pursuant to Section 84215. The original and copy
of the statement of organization shall be filed within 10 days after
the committee has qualified as a committee. The Secretary of State
shall assign a number to each committee that files a statement of
organization and shall notify the committee of the number. The
Secretary of State shall send a copy of statements filed pursuant to
this section to the county elections official of each county that he
or she deems appropriate. A county elections official who receives a
copy of a statement of organization from the Secretary of State
pursuant to this section shall send a copy of the statement to the
clerk of each city in the county that he or she deems appropriate.
(b) In addition to filing the statement of organization as
required by subdivision (a), if a committee qualifies as a committee
under subdivision (a) of Section 82013 before the date of an election
in connection with which the committee is required to file
preelection or quarterly statements, but after the closing
date of the last campaign statement required to be filed before the
election pursuant to Section 84200.7,
84200.3, 84200.8, or 84200.9, the committee shall file, by
facsimile transmission, online transmission, guaranteed
overnight delivery, or personal delivery within 24 hours of
qualifying as a committee, the information required to be reported in
the statement of organization. The information required by this
subdivision shall be filed with the filing officer with whom the
committee is required to file the originals of its campaign reports
pursuant to Section 84215.
(c) If an independent expenditure committee qualifies as a
committee pursuant to subdivision (a) of Section 82013 during the
time period described in Section 82036.5 and makes independent
expenditures of one thousand dollars ($1,000) or more to support or
oppose a candidate or candidates for office, the committee shall
file, by facsimile transmission, online transmission, guaranteed
overnight delivery, or personal delivery within 24 hours of
qualifying as a committee, the information required to be reported in
the statement of organization. The information required by this
section shall be filed with the filing officer with whom the
committee is required to file the original of its campaign reports
pursuant to Section 84215, and shall be filed at all locations
required for the candidate or candidates supported or opposed by the
independent expenditures. The filings required by this section are in
addition to filings that may be required by Sections
84203.5 and Section 84204.
(d) For purposes of this section, in calculating whether one
thousand dollars ($1,000) in contributions has been received,
payments for a filing fee or for a statement of qualifications to
appear in a sample ballot shall not be included if these payments
have been made from the candidate's personal funds.
SEC. 5. Section 84103 of the Government
Code is amended to read:
84103. (a) Whenever If there is a
change in any of the information contained in a statement of
organization, an amendment shall be filed within 10 days to reflect
the change. The committee shall file the original of the amendment
with the Secretary of State and shall also file a copy of the
amendment with the local filing officer, if any, with whom the
committee is required to file the originals of its campaign reports
pursuant to Section 84215.
(b) In addition to filing an amendment to a statement of
organization as required by subdivision (a), a committee as defined
in subdivision (a) of Section 82013 shall, by facsimile transmission,
online transmission, guaranteed overnight delivery, or personal
delivery within 24 hours, notify the filing officer with whom it is
required to file the originals of its campaign reports pursuant to
Section 84215 when if the change
requiring the amendment occurs before the date of the election in
connection with which the committee is required to file a preelection
statement, but after the closing date of the last preelection
statement required to be filed for the election pursuant to Section
84200.7 or 84200.8, if any of the following
information is changed:
(1) The name of the committee.
(2) The name of the treasurer or other principal officers.
(3) The name of any candidate or committee by which the committee
is controlled or with which it acts jointly.
The notification shall include the changed information, the date
of the change, the name of the person providing the notification, and
the committee's name and identification number.
A committee may file a notification online only if the appropriate
filing officer is capable of receiving the notification in that
manner.
SEC. 6. Section 84200 of the Government
Code is amended to read:
84200. (a) Except as otherwise provided in
paragraphs (1), (2), and (3), this section,
elected officers, candidates, and committees pursuant to subdivision
(a) of Section 82013 shall file semiannual statements each year no
later than July 31 for the period ending June 30, and no later than
January 31 for the period ending December 31.
(1) A candidate who, during the past six months , has
filed a declaration pursuant to Section 84206 shall not be required
to file a semiannual statement for that six-month period.
(2) Elected officers whose salaries are less than two hundred
dollars ($200) a month, judges, judicial candidates, and their
controlled committees shall not file semiannual statements pursuant
to this subdivision for any six-month period in which they have not
made or received any contributions or made any expenditures.
(3) A judge who is not listed on the ballot for reelection to, or
recall from, any elective office during a calendar year shall not
file semiannual statements pursuant to this subdivision for any
six-month period in that year if both of the following apply:
(A) The judge has not received any contributions.
(B) The only expenditures made by the judge during the calendar
year are contributions from the judge's personal funds to other
candidates or committees totaling less than one thousand dollars
($1,000).
(b) All committees pursuant to subdivision (b) or (c) of Section
82013 shall file campaign statements each year no later than July 31
for the period ending June 30, and no later than January 31 for the
period ending December 31, if they have made contributions or
independent expenditures, including payments to a slate mailer
organization, during the six-month period before the closing date of
the statements.
(c) This section does not apply to an elected state officer, a
candidate for elective state office, or a committee that is subject
to Section 84200.3.
SEC. 7. Section 84200.3 is added to the
Government Code , to read:
84200.3. (a) Except as provided in subdivision (b), an elected
state officer, a candidate for elective state office, or a committee
formed pursuant to subdivision (a) of Section 82013 that is primarily
formed to support or oppose a candidate for elective state office or
one or more statewide ballot measures shall file quarterly campaign
statements each year, as follows:
(1) No later than April 7 for the period commencing January 1 and
ending March 31.
(2) No later than July 31 for the period commencing April 1 and
ending June 30.
(3) No later than October 7 for the period commencing July 1 and
ending September 30.
(4) No later than January 31 for the period commencing October 1
and ending December 31.
(b) A committee formed pursuant to subdivision (b) or (c) of
Section 82013 that is primarily formed to support or oppose a
candidate for elective state office or one or more statewide ballot
measures shall file quarterly campaign statements as required by
subdivision (a), unless the committee has not made contributions or
independent expenditures during the reporting period.
SEC. 8. Section 84200.5 of the
Government Code is amended to read:
84200.5. In addition to the campaign statements required by
Section 84200, Sections 84200 and 84200.3,
elected officers, candidates, and committees shall file
preelection statements as follows:
(a) During an even-numbered year, all candidates for elective
state office being voted upon in the statewide direct primary
election or the statewide general election, their controlled
committees, and committees primarily formed to support or oppose an
elected state officer or a state candidate being voted upon shall
file the applicable preelection statements specified in Section
84200.7 or 84200.8. All elected state officers
who, during the applicable reporting periods covered by Section
84200.7 or 84200.8, contribute to any committee
required to report receipts, expenditures, or contributions pursuant
to this title, or make an independent expenditure, shall file the
applicable preelection statements specified in Section
84200.7 or 84200.8. However, a candidate for an office that
is not being voted upon in the November election, his or her
controlled committee, and any committee primarily formed to support
or oppose that candidate is not required to file statements in
connection with the November election pursuant to
subdivision (b) of Section 84200.7 Section 84200.8
unless, during the reporting periods covered by Section
84200.7 84200.8 , the candidate, his or
her controlled committee, or any committee primarily formed to
support or oppose that candidate contributes to any committee
required to report receipts, expenditures, or contributions pursuant
to this title or makes independent expenditures.
(b) During an even-numbered year, all candidates not specified in
subdivision (a) who are running for offices being voted upon on the
first Tuesday after the first Monday in June or November, their
controlled committees, and committees primarily formed to support or
oppose those candidates or a measure being voted upon on the first
Tuesday after the first Monday in June or November of an
even-numbered year shall file the preelection statements specified in
subdivision (a) of Section 84200.7 in the case of a June
election, or subdivision (b) of Section 84200.7 in the case of a
November election Section 84200.8 .
(c) All candidates for offices being voted upon on a date other
than the first Tuesday after the first Monday in June or November of
an even-numbered year, their controlled committees, and committees
primarily formed to support or oppose a candidate or a measure being
voted upon on a date other than the first Tuesday after the first
Monday in June or November of an even-numbered year shall file the
preelection statements specified in Section 84200.8.
(d) During an election period for the Board of Administration of
the Public Employees' Retirement System or the Teachers' Retirement
Board, all candidates for these boards, their controlled committees,
and committees primarily formed to support or oppose the candidates
shall file the preelection statements specified in Section 84200.9.
(e) In an even-numbered year in which the statewide direct primary
election is held on the first Tuesday after the first Monday in
June, a state or county general purpose committee formed pursuant to
subdivision (a) of Section 82013, other than a political party
committee as defined in Section 85205, shall file the preelection
statements specified in Section 84200.7 if it makes contributions or
independent expenditures totaling five hundred dollars ($500) or more
during the period covered by the preelection statement. A state or
county general purpose committee formed pursuant to subdivision (b)
or (c) of Section 82013 is not required to file the statements
specified in Section 84200.7.
(f)
(e) During an even-numbered year in which
connection with the statewide direct primary
election is held on a date other than the first Tuesday
after the first Monday in June , a state or county general
purpose committee formed pursuant to subdivision (a) of Section
82013, other than a political party committee as defined in Section
85205, shall file the preelection statements specified in Section
84200.8 if it makes contributions or independent expenditures
totaling five hundred dollars ($500) or more during the period
covered by the preelection statement. A state or county general
purpose committee formed pursuant to subdivision (b) or (c) of
Section 82013 is not required to file the statements specified in
Section 84200.8.
(g)
(f) During an election period for the Board of
Administration of the Public Employees' Retirement System or the
Teachers' Retirement Board, a state or county general purpose
committee formed pursuant to subdivision (a) of Section 82013 shall
file the preelection statements specified in Section 84200.9 if it
makes contributions or independent expenditures totaling five hundred
dollars ($500) or more during the period covered by the preelection
statement to support or oppose a candidate, or a committee primarily
formed to support or oppose a candidate, on the ballot for the Board
of Administration of the Public Employees' Retirement System or the
Teachers' Retirement Board. A state or county general purpose
committee formed pursuant to subdivision (b) or (c) of Section 82013
is not required to file the statements specified in Section 84200.9.
(h)
(g) A political party committee
committee, as defined in Section 85205
85205, shall file the applicable preelection statements
specified in Section 84200.7 or 84200.8 in
connection with a state election if the committee receives
contributions totaling one thousand dollars ($1,000) or more, or if
it makes contributions or independent expenditures totaling five
hundred dollars ($500) or more, during the period covered by the
preelection statement.
(i)
(h) City general purpose committees shall file
statements as follows: the applicable preelection
statements specified in Section 84200.8 in connection with a city
election if they make contributions or independent expenditures
totaling five hundred dollars ($500) or more during the period
covered by the preelection statement.
(1) City general purpose committees in a city that has an election
on the first Tuesday after the first Monday in June or November of
an even-numbered year shall file the statements specified in
subdivision (a) or (b) of Section 84200.7 for the six-month period in
which the city election is held, if they make contributions or
independent expenditures totaling five hundred dollars ($500) or more
during the period covered by the preelection statement.
(2) City general purpose committees in a city that has an election
on a date other than the first Tuesday after the first Monday in
June or November of an even-numbered year shall file the preelection
statements specified in Section 84200.8 if they make contributions or
independent expenditures totaling five hundred dollars ($500) or
more during the period covered by the preelection statement.
SEC. 9. Section 84200.6 of the
Government Code is amended to read:
84200.6. In addition to the campaign statements required by
Sections 84200 84200, 84200.3, and
84200.5, all candidates and committees shall file the following
special statements and reports:
(a) Supplemental preelection statements when required by Section
84202.5.
(b)
(a) Late contribution reports
reports, when required by Section 84203.
(c) Independent expenditure reports when required by Section
84203.5.
(d)
(b) Late independent expenditure reports
reports, when required by Section 84204.
SEC. 10. Section 84200.7 of the
Government Code is repealed.
84200.7. (a) Preelection statements for the June election period
shall be filed as follows:
(1) For the period ending March 17, a statement to be filed no
later than March 22. However, for a special election called after
March 17, or for which the period for filing nomination documents, as
defined in Section 333 of the Elections Code, ends after March 17, a
preelection statement for the period ending 45 days before the
election shall be filed no later than 40 days before the election.
(2) For the period ending 17 days before the election, a statement
to be filed no later than 12 days before the election. All
candidates being voted upon in the June election, their controlled
committees, and committees formed primarily to support or oppose a
candidate or measure being voted upon in the June election shall file
this statement by guaranteed overnight delivery service or by
personal delivery.
(b) Preelection statements for the November election period shall
be filed as follows:
(1) For the period ending September 30, a statement to be filed no
later than October 5.
(2) For the period ending 17 days before the election, a statement
to be filed no later than 12 days before the election. All
candidates being voted upon in the November election, their
controlled committees, and committees formed primarily to support or
oppose a candidate or measure being voted upon in the November
election shall file this statement by guaranteed overnight delivery
service or by personal delivery.
SEC. 11. Section 84200.8 of the
Government Code is amended to read:
84200.8. Preelection statements shall be filed under this section
as follows:
(a) For the period ending 45 days before the election,
the a candidate or committee described in subdivision
(b) of Section 84200.5 or a city or county general purpose committee
described in subdivision (e) or (h) of Section 84200.5, the
statement shall be filed no later than 40 days before the
election for the period ending 45 days before the election.
(b) For the period ending 17 days before the election,
the a candidate or committee described in Section
84200.5, except a candidate or committee required to file preelection
statements pursuant to Section 84200.9, the statement shall be
filed no later than 12 days before the election for the period
ending 17 days before the election. All candidates being voted
upon in the election in connection with which the statement is filed,
their controlled committees, and committees formed primarily to
support or oppose a candidate or measure being voted upon in that
election shall file this statement by guaranteed overnight delivery
service or by personal delivery.
(c) For runoff elections held within 60 days of the qualifying
election, an additional preelection statement for the period ending
17 days before the runoff election shall be filed no later than 12
days before the election. election by a
candidate or committee described in Section 84200.5, except a
candidate or committee required to file preelection statements
pursuant to Section 84200.9. All candidates being voted upon in
the election in connection with which the statement is filed, their
controlled committees, and committees formed primarily to support or
oppose a candidate or measure being voted upon in that election shall
file this statement by guaranteed overnight delivery service or
personal delivery.
SEC. 12. Section 84202.3 of the
Government Code is repealed.
84202.3. (a) In addition to the campaign statements required by
Section 84200, committees pursuant to subdivision (a) of Section
82013 that are primarily formed to support or oppose the
qualification, passage, or defeat of a measure and proponents of a
state ballot measure who control a committee formed or existing
primarily to support the qualification, passage, or defeat of a state
ballot measure, shall file campaign statements on the following
dates:
(1) No later than April 30 for the period January 1 through March
31.
(2) No later than October 31 for the period July 1 through
September 30.
(b) This section shall not apply to a committee during any
semiannual period in which the committee is required to file
preelection statements pursuant to subdivision (a), (b), or (c) of
Section 84200.5.
(c) This section shall not apply to a committee following the
election at which the measure is voted upon unless the committee
makes contributions or expenditures to support or oppose the
qualification or passage of another ballot measure.
SEC. 13. Section 84202.5 of the
Government Code is repealed.
84202.5. (a) Any candidate or any committee pursuant to
subdivision (a) of Section 82013 which makes contributions totaling
ten thousand dollars ($10,000) or more in connection with an
election, including a runoff election, shall file a supplemental
preelection statement no later than 12 days before the election, for
the period ending 17 days before the election. This statement shall
be filed by guaranteed overnight delivery service or by personal
delivery with each office with which the candidate or committee
filing the statement is required to file its next campaign statement
pursuant to Section 84215.
(b) This section shall not apply to candidates or committees
during any semiannual period in which the candidate or committee is
required to file preelection statements pursuant to Section 84200.5.
(c) If a candidate or committee makes contributions totaling ten
thousand dollars ($10,000) or more in connection with an election and
all of those contributions are reported pursuant to Section 84200 or
84202.7 on or before the closing date specified in subdivision (a),
the candidate or committee shall not be required to file additional
statements for that
period pursuant to this section.
SEC. 14. Section 84202.7 of the
Government Code is repealed.
84202.7. (a) Except as provided in subdivision (b), during an
odd-numbered year, any committee by virtue of Section 82013 that
makes contributions totaling ten thousand dollars ($10,000) or more
to elected state officers, their controlled committees, or committees
primarily formed to support or oppose any elected state officer
during a period specified below shall file campaign statements on the
following dates:
(1) No later than April 30 for the period of January 1 through
March 31.
(2) No later than October 31 for the period of July 1 through
September 30.
(b) If a committee makes contributions totaling ten thousand
dollars ($10,000) or more to elected state officers, their controlled
committees, or committees primarily formed to support or oppose any
elected state officer during a period specified in subdivision (a),
and all of those contributions are reported pursuant to Section
84202.5 on or before the time specified in subdivision (a), the
committee shall not be required to file additional statements for
that period pursuant to this section.
SEC. 15. Section 84203.5 of the
Government Code is repealed.
84203.5. (a) In addition to any campaign statements required by
this article, if a candidate or committee has made independent
expenditures totaling one thousand dollars ($1,000) or more in a
calendar year to support or oppose a candidate, a measure or
qualification of a measure, it shall file independent expenditure
reports at the same time, covering the same periods, and in the
places where the candidate or committee would be required to file
campaign statements under this article, as if it were formed or
existing primarily to support or oppose the candidate or measure or
qualification of the measure. No independent expenditure report need
be filed to cover a period for which there has been no activity to
report.
(b) An independent expenditure report shall contain the following
information:
(1) The name, street address, and telephone number of the
candidate or committee making the expenditure and of the committee's
treasurer, and the number assigned to the committee by the Secretary
of State.
(2) If the report is related to a candidate, the full name of the
candidate and the office and district for which the candidate seeks
nomination or election. If the report is related to a measure or
qualification of a measure, the number or letter of the measure, or
if none has yet been assigned, a brief description of the subject
matter of the measure, and the jurisdiction in which the measure is
to be voted on or would be voted on if it qualified.
(3) The total amount of expenditures related to the candidate or
measure during the period covered by the report made to persons who
have received less than one hundred dollars ($100).
(4) The total amount of expenditures related to the candidate or
measure during the period covered by the report made to persons who
have received one hundred dollars ($100) or more.
(5) For each person to whom an expenditure of one hundred dollars
($100) or more related to the candidate or measure has been made
during the period covered by the report and for each person who has
provided consideration for an expenditure of one hundred dollars
($100) or more during the period covered by the report:
(A) His or her full name.
(B) His or her street address.
(C) If the person is a committee, the name of the committee, the
number assigned to the committee by the Secretary of State, or if no
number has been assigned, the full name and street address of the
treasurer of the committee.
(D) The date of the expenditure.
(E) The amount of the expenditure.
(F) A brief description of the consideration for which each
expenditure was made and the value of the consideration if less than
the total amount of the expenditure.
(G) The cumulative amount of expenditures to such person.
(6) A list of all the filing officers with whom the committee
filed its most recent campaign statement.
(c) Filing officers shall maintain paper reports filed pursuant to
this section under the name of the candidate or measure supported or
opposed by the independent expenditure.
SEC. 16. Section 84204.5 of the
Government Code is repealed.
84204.5. (a) In addition to any other report required by this
title, a committee pursuant to subdivision (a) of Section 82013 that
is required to file reports pursuant to Section 84605 shall file
online or electronically with the Secretary of State each time it
makes contributions totaling five thousand dollars ($5,000) or more
or each time it makes independent expenditures totaling five thousand
dollars ($5,000) or more to support or oppose the qualification or
passage of a single state ballot measure. The report shall be filed
within 10 business days of making the contributions or independent
expenditures and shall contain all of the following:
(1) The full name, street address, and identification number of
the committee.
(2) The number or letter of the measure if the measure has
qualified for the ballot and has been assigned a number or letter;
the title of the measure if the measure has not been assigned a
number or letter but has been issued a title by the Attorney General;
or the subject of the measure if the measure has not been assigned a
number or letter and has not been issued a title by the Attorney
General.
(3) In the case of a contribution, the date and amount of the
contribution and the name, address, and identification number of the
committee to whom the contribution was made. In addition, the report
shall include the information required by paragraphs (1) to (5),
inclusive, of subdivision (f) of Section 84211, regarding
contributions or loans received from a person described in that
subdivision, covering the period from the day after the closing date
of the last campaign report filed to the date of the contribution
requiring a report under this section, or if the committee has not
previously filed a campaign statement, covering the period from the
previous January 1 to the date of the contribution requiring a report
under this section. No information described in paragraphs (1) to
(5), inclusive, of subdivision (f) of Section 84211 that is required
to be reported pursuant to this subdivision is required to be
reported in more than one report provided for in this subdivision for
each contribution or loan received from a person described in
subdivision (f) of Section 84211.
(4) In the case of an independent expenditure, the date, amount,
and a description of the goods or services for which the expenditure
was made. In addition, the report shall include the information
required by paragraphs (1) to (5), inclusive, of subdivision (f) of
Section 84211 regarding contributions or loans received from a person
described in that subdivision, covering the period from the day
after the closing date of the last campaign report filed to the date
of the expenditure, or if the committee has not previously filed a
campaign statement, covering the period from the previous January 1
to the date of the expenditure. No information described in
paragraphs (1) to (5), inclusive, of subdivision (f) of Section 84211
that is required to be reported pursuant to this subdivision is
required to be reported in more than one report provided for in this
subdivision for each contribution or loan received from a person
described in subdivision (f) of Section 84211.
(b) Reports required by this section are not required to be filed
by a committee primarily formed to support or oppose the
qualification or passage of a state ballot measure for expenditures
made on behalf of the ballot measure or measures for which it is
formed.
(c) Independent expenditures that have been disclosed by a
committee pursuant to Section 84204 or 85500 are not required to be
disclosed pursuant to this section.
SEC. 17. Section 84215 of the
Government Code i s amended to read:
84215. All candidates and elected officers and their controlled
committees, except as provided in subdivisions (d) and (e), shall
file one copy of the campaign statements required by Section
Sections 84200 and 84200.3 with the
elections official of the county in which the candidate or elected
official is domiciled, as defined in subdivision (b) of Section 349
of the Elections Code. In addition, campaign statements shall be
filed at the following places:
(a) Statewide elected officers, including members of the State
Board of Equalization; Members of the Legislature; Supreme Court
justices, court of appeal justices, and superior court judges;
candidates for those offices and their controlled committees;
committees formed or existing primarily to support or oppose these
candidates, elected officers, justices and judges, or statewide
measures, or the qualification of state ballot measures; and all
state general purpose committees and filers not specified in
subdivisions (b) to (e), inclusive, shall file a campaign statement
by online or electronic means, as specified in Section 84605, and
shall file the original and one copy of the campaign statement in
paper format with the Secretary of State.
(b) Elected officers in jurisdictions other than legislative
districts, State Board of Equalization districts, or appellate court
districts that contain parts of two or more counties, candidates for
these offices, their controlled committees, and committees formed or
existing primarily to support or oppose candidates or local measures
to be voted upon in one of these jurisdictions shall file the
original and one copy with the elections official of the county with
the largest number of registered voters in the jurisdiction.
(c) County elected officers, candidates for these offices, their
controlled committees, committees formed or existing primarily to
support or oppose candidates or local measures to be voted upon in
any number of jurisdictions within one county, other than those
specified in subdivision (d), and county general purpose committees
shall file the original and one copy with the elections official of
the county.
(d) City elected officers, candidates for city office, their
controlled committees, committees formed or existing primarily to
support or oppose candidates or local measures to be voted upon in
one city, and city general purpose committees shall file the original
and one copy with the clerk of the city and are not required to file
with the local elections official of the county in which they are
domiciled.
(e) Elected members of the Board of Administration of the Public
Employees' Retirement System, elected members of the Teachers'
Retirement Board, candidates for these offices, their controlled
committees, and committees formed or existing primarily to support or
oppose these candidates or elected members shall file the original
and one copy with the Secretary of State, and a copy shall be filed
at the relevant board's office in Sacramento. These elected officers,
candidates, and committees need not file with the elections official
of the county in which they are domiciled.
(f) Notwithstanding any other provision of this section, a
committee, candidate, or elected officer is not required to file more
than the original and one copy, or one copy, of a campaign statement
with any one county elections official or city clerk or with the
Secretary of State.
(g) If a committee is required to file campaign statements
required by Section 84200 84200, 84200.3,
or 84200.5 in places designated in subdivisions (a) to (d),
inclusive, it shall continue to file these statements in those
places, in addition to any other places required by this title, until
the end of the calendar year.
SEC. 18. Section 84218 of the
Government Code is amended to read:
84218. (a) A slate mailer organization shall file semiannual
campaign statements no later than July 31 for the period ending June
30, and no later than January 31 for the period ending December 31.
(b) In addition to the semiannual statements required by
subdivision (a), slate mailer organizations shall file preelection
statements as follows:
(1) Any slate mailer organization which produces a slate mailer
supporting or opposing candidates or measures being voted on in an
election held upon the first Tuesday after the first Monday in June
or November of an even-numbered year shall file the statements
specified in Section 84200.7 if, during the period covered by the
preelection statement, the slate mailer organization receives
payments totaling five hundred dollars ($500) or more from any person
for the support of or opposition to candidates or ballot measures in
one or more slate mailers, or expends five hundred dollars ($500) or
more to produce one or more slate mailers.
(2) Any
(b) In addition to the semiannual sta
tements required by subdivision (a), a
slate mailer organization which produces a slate mailer supporting or
opposing candidates or measures being voted on in an election held
on a date other than the first Tuesday after the first Monday in June
or November of an even-numbered year shall file the statements
specified in Section 84200.8 if, during the period covered by the
preelection statement, the slate mailer organization receives
payments totaling five hundred dollars ($500) or more from any person
for the support of or opposition to candidates or ballot measures in
one or more slate mailers, or expends five hundred dollars ($500) or
more to produce one or more slate mailers.
(c) A slate mailer organization shall file two copies of its
campaign reports with the clerk of the county in which it is
domiciled. A slate mailer organization is domiciled at the address
listed on its statement of organization unless it is domiciled
outside California, in which case its domicile shall be deemed to be
Los Angeles County for purposes of this section.
In addition, slate mailer organizations shall file campaign
reports as follows:
(1) A slate mailer organization which produces one or more slate
mailers supporting or opposing candidates or measures voted on in a
state election, or in more than one county, shall file campaign
reports in the same manner as state general purpose committees
pursuant to subdivision (a) of Section 84215.
(2) A slate mailer organization which produces one or more slate
mailers supporting or opposing candidates or measures voted on in
only one county, or in more than one jurisdiction within one county,
shall file campaign reports in the same manner as county general
purpose committees pursuant to subdivision (c) of Section 84215.
(3) A slate mailer organization which produces one or more slate
mailers supporting or opposing candidates or measures voted on in
only one city shall file campaign reports in the same manner as city
general purpose committees pursuant to subdivision (d) of Section
84215.
(4) Notwithstanding the above, no slate mailer organization shall
be required to file more than the original and one copy, or two
copies, of a campaign report with any one county or city clerk or
with the Secretary of State.
SEC. 19. Section 84252 of the Government
Code is amended to read:
84252. (a) A committee
primarily formed to support or oppose a LAFCO proposal shall file all
statements required under this chapter except that, in lieu of the
statements required by Sections 84200 and 84202.3,
Section 84200, the committee shall file monthly campaign
statements from the time circulation of a petition begins until a
measure is placed on the ballot or, if a measure is not placed on the
ballot, until the committee is terminated pursuant to Section 84214.
The committee shall file an original and one copy of each statement
on the 15th day of each calendar month, covering the prior calendar
month, with the clerk of the county in which the measure may be voted
on. If the petition results in a measure that is placed on the
ballot, the committee thereafter shall file campaign statements
required by this chapter.
(b) In addition to any other statements required by this chapter,
a committee that makes independent expenditures in connection with a
LAFCO proposal shall file statements pursuant to Section 84203.5.
SEC. 20. Section 90002 of the
Government Code is amended to read:
90002. (a) Audits and investigations of lobbying firms and
lobbyist employers shall be performed on a biennial basis and shall
cover reports filed during a period of two years.
(b) If a lobbying firm or lobbyist employer keeps a separate
account for all receipts and payments for which reporting is required
by this chapter, the requirement of an audit under subdivision (a)
of Section 90001 shall be satisfied by an audit of that account and
the supporting documentation required to be maintained by Section
86110.
(c) No An audit or investigation of
any a candidate, controlled committee,
or committee primarily supporting or opposing a candidate or a
measure in connection with a report or statement required by Chapter
4 (commencing with Section 84100) of this title,
title shall not begin until after the
last date for filing the first report or statement following the
general, runoff runoff, or special
election for the office for which the candidate ran, or following the
election at which the measure was adopted or defeated, except that
audits and investigations of statewide candidates, their controlled
committees, and committees primarily supporting or opposing those
statewide candidates who were defeated in the primary election and
who are not required to file statements for the general election may
begin after the last date for filing the first report or statement
following the primary election. When the campaign statements or
reports of a candidate, controlled committee, or a committee
primarily supporting or opposing a candidate are audited and
investigated pursuant to Section 90001, the audit and investigation
shall cover all campaign statements and reports filed for the primary
and general or special or runoff elections and any previous campaign
statement or report filed pursuant to Section 84200
84200, 84200.3, or 84200.5 since the last
election for that office, but shall exclude any statements or reports
which have previously been audited pursuant to Section 90001 or
90003. When the campaign statements or reports of a committee
primarily supporting or opposing a measure are audited and
investigated, the audit and investigation shall cover all campaign
statements and reports from the beginning date of the first campaign
statement filed by the committee in connection with the measure. For
all other committees, the audit and investigation shall cover all
campaign statements filed during the previous two calendar years.
SEC. 21. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SEC. 22. The Legislature finds and declares that
this bill furthers the purposes of the Political Reform Act of 1974
within the meaning of subdivision (a) of Section 81012 of the
Government Code.
SECTION 1. It is the intent of the Legislature
to enact legislation relating to campaign committee reporting
schedules under the Political Reform Act of 1974.