BILL NUMBER: AB 594 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Gordon
FEBRUARY 24, 2015
An act to amend Sections 82013, 82036, 82036.5, 84101, 84103,
84200.6, and 84218 of, to repeal Sections 84200.7, 84202.5, and
84203.5 of, and to repeal and add Section 84200.5 of, the Government
Code, relating to the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
AB 594, as introduced, Gordon. 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, and
committees to file various reports, including semiannual reports,
preelection statements, and supplemental preelection statements.
This bill would recast the requirements for filing preelection
statements and would repeal other reporting requirements, including
supplemental preelection statements and supplemental independent
expenditure reports.
The act defines "committee" as a person or combination of persons
who receives contributions or makes independent expenditures of
$1,000 or more in a calendar year or who makes contributions of
$10,000 or more in a calendar year to or at the behest of candidates.
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 definition of "committee" by increasing
the qualifying monetary thresholds to $2,000 for contributions
received or independent expenditures made by a person or combination
of persons or $20,000 for contributions made to or at the behest of
candidates by a person or combination of persons.
This bill would revise the definitions of "late contributions" and
"late independent expenditures" to increase the reporting threshold
to $2,000 and 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.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 82013 of the Government Code is amended to
read:
82013. "Committee" means any person or combination of persons who
directly or indirectly does any of the following:
(a) Receives contributions totaling one
two thousand dollars ($1,000) ($2,000)
or more in a calendar year.
(b) Makes independent expenditures totaling one
two thousand dollars ($1,000)
($2,000) or more in a calendar year; or
(c) Makes contributions totaling ten
twenty thousand dollars ($10,000)
($20,000) or more in a calendar year to or at the behest of
candidates or committees.
A person or combination of persons that becomes a committee shall
retain its status as a committee until such time as that status is
terminated pursuant to Section 84214.
SEC. 2. 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 two thousand dollars
($1,000) ($2,000) 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 two thousand dollars
($1,000) ($2,000) or more and is made to or
received by a political party committee, as defined in Section 85205,
on the date of a state election or within 90 days before
the date of a state election.
SEC. 3. 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
two thousand dollars ($1,000) ($2,000)
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. 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 statements, but after the closing date of the last
campaign statement required to be filed before the election pursuant
to Section 84200.7, 84200.8, 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 two thousand
dollars ($1,000) ($2,000) 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 two thousand dollars ($1,000)
($2,000) 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 84200.5 of the Government Code is repealed.
84200.5. In addition to the campaign statements required by
Section 84200, 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 unless, during the reporting
periods covered by Section 84200.7, 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.
(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) During an even-numbered year in which 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) 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) A political party committee as defined in Section 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) City general purpose committees shall file statements as
follows:
(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. 7. Section 84200.5 is added to the Government Code, to read:
84200.5. In addition to the campaign statements required by
Section 84200, elected officers, candidates, and committees shall
file preelection statements as follows:
(a) All candidates appearing on the ballot to be voted on at the
next election, their controlled committees, and committees primarily
formed to support or oppose an elected officer, candidate or a
measure appearing on the ballot to be voted on at the next election
shall file the applicable preelection statements specified in Section
84200.8.
(b) All elected state officers and candidates for elective state
office who are not appearing on the ballot at the next statewide
primary or general election ballot, and who, during the preelection
reporting periods covered by Section 84200.8, contribute to any
committee required to report receipts, expenditures, or contributions
pursuant to this title, or make an independent expenditure of one
thousand dollars ($1,000) or more in connection with the statewide
primary or general election, shall file the applicable preelection
statements specified in Section 84200.8.
(c) A state or county general purpose recipient committee formed
pursuant to subdivision (a) of Section 82013, other than a political
party committee as defined in Section 84205, shall file the
applicable preelection statements specified in Section 84200.8 if it
makes contributions or independent expenditures totaling one thousand
dollars ($1,000) or more in connection with the statewide primary or
general election during the period covered by the preelection
statements. However, a state or county general purpose committee
formed pursuant to subdivision (b) or (c) of Section 82013 is not
required to file the preelection statements specified in Section
84200.8.
(d) A political party committee as defined in Section 84205 shall
file the applicable preelection statements specified in Section
84200.8 in connection with a statewide election if the committee
receives contributions totaling one thousand dollars ($1,000) or
more, or if it makes contributions or independent expenditures
totaling one thousand dollars ($1,000) or more, in connection with
the election during the period covered by the preelection statement.
(e) A city general purpose committee formed pursuant to
subdivision (a) of Section 82013 shall file the applicable
preelection statements specified in Section 84200.8 if it makes
contributions or independent expenditures totaling one thousand
dollars ($1,000) or more in connection with a city election in the
committee's jurisdiction during the period covered by the preelection
statements. However, a city general purpose committee formed
pursuant to subdivision (b) or (c) of Section 82013 is not required
to file the preelection statements specified in Section 84200.8.
(f) CalPERS and CalSTRS Elections. During an election period for
the Board of Administration of the Public Employees' Retirement
System or the Teachers' Retirement Board:
(1) 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.
(2) 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 one thousand dollars ($1,000) 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.
(3) However, a 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.
SEC. 8. Section 84200.6 of the Government Code is amended to read:
84200.6. In addition to the campaign statements required by
Sections 84200 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. 9. 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. 10. 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. 11. 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. 12. 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
statements 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)
one thousand dollars ($1,000) 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. 13. 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. 14. 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.