BILL NUMBER: AB 594 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 7, 2015
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 amended, 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 two thousand dollars ($2,000)
or more in a calendar year.
(b) Makes independent expenditures totaling two thousand dollars
($2,000) or more in a calendar year; or
(c) Makes contributions totaling twenty thousand dollars ($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 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
two one thousand dollars
($2,000) ($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 on the date of the election, or during the
90-day period preceding the date of the election , or on 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
two one thousand dollars
($2,000) ($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 election or within 90 days
before the date of a state election or on the date of the
election .
SEC. 3. 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 two
one thousand dollars ($2,000) ($1,000)
or more and is made for or against a specific candidate or
measure involved in an election on the date of the election
or during the 90-day period preceding the date of the
election or on 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. SEC. 3. 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 84200.8 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 two one thousand
dollars ($2,000) ($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 Section 84204.
(d) For purposes of this section, in calculating whether
two one thousand dollars ($2,000)
($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. SEC. 4. Section 84103 of the
Government Code is amended to read:
84103. (a) 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 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 84200.8, 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. SEC. 5. Section 84200.5 of
the Government Code is repealed.
SEC. 7. SEC. 6. 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, election,
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
five hundred dollars ($1,000)
($500) 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 five hundred
dollars ($1,000) ($500) 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 state
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
five hundred dollars ($1,000)
($500) 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 five hundred dollars ($1,000)
($500) 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
five hundred dollars ($1,000)
($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.
(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. SEC. 7. 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) Late contribution reports, when required by Section 84203.
(b) Late independent expenditure reports, when required by Section
84204.
SEC. 9. SEC. 8. Section 84200.7 of
the Government Code is repealed.
SEC. 10. SEC. 9. Section 84202.5 of
the Government Code is repealed.
SEC. 11. SEC. 10. Section 84203.5 of
the Government Code is repealed.
SEC. 12. SEC. 11. 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), a slate mailer organization which produces a slate
mailer supporting or opposing candidates or measures being voted on
in an election 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 one
thousand five hundred dollars ($1,000)
($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. 13. SEC. 12. 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. SEC. 13. 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.