Amended in Senate August 17, 2015

Amended in Senate June 29, 2015

Amended in Assembly April 7, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 594


Introduced by Assembly Member Gordon

February 24, 2015


An act to amend Sections 82013, 82036, 82036.5, 84101, 84103, 84200.6,begin delete andend deletebegin insert 84206, 84207,end insert 84218begin insert, and 85201end insert 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” to include a person or combination of persons who receives contributions or makes independent expenditures of $1,000 or more in a calendar year. 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 threshold to $2,000 for contributions received by a person or combination of persons.

This bill would revise the definitions of “late contributions” and “late independent expenditures” 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 23 vote of each house and compliance with specified procedural requirements.

This bill would declare that it furthers the purposes of the act.

Vote: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 82013 of the Government Code is
2amended to read:

3

82013.  

“Committee” means any person or combination of
4persons who directly or indirectly does any of the following:

5(a) Receives contributions totaling two thousand dollars ($2,000)
6or more in a calendar year.

7(b) Makes independent expenditures totaling one thousand
8dollars ($1,000) or more in a calendar year; or

P3    1(c) Makes contributions totaling ten thousand dollars ($10,000)
2or more in a calendar year to or at the behest of candidates or
3committees.

4A person or combination of persons that becomes a committee
5shall retain its status as a committee until such time as that status
6is terminated pursuant to Section 84214.

7

SEC. 2.  

Section 82036 of the Government Code is amended
8to read:

9

82036.  

“Late contribution” means any of the following:

10(a) A contribution, including a loan, that totals in the aggregate
11one thousand dollars ($1,000) or more and is made to or received
12by a candidate, a controlled committee, or a committee formed or
13existing primarily to support or oppose a candidate or measure
14during the 90-day period preceding the date of the election, or on
15the date of the election, at which the candidate or measure is to be
16voted on. For purposes of the Board of Administration of the Public
17Employees’ Retirement System and the Teachers’ Retirement
18Board, “the date of the election” is the deadline to return ballots.

19(b) A contribution, including a loan, that totals in the aggregate
20one thousand dollars ($1,000) or more and is made to or received
21by a political party committee, as defined in Section 85205, within
2290 days before the date of a state election or on the date of the
23election.

24

SEC. 3.  

Section 82036.5 of the Government Code is amended
25to read:

26

82036.5.  

“Late independent expenditure” means an independent
27expenditure that totals in the aggregate one thousand dollars
28($1,000) or more and is made for or against a specific candidate
29or measure involved in an election during the 90-day period
30preceding the date of the election or on the date of the election.
31For purposes of the Board of Administration of the Public
32Employees’ Retirement System and the Teachers’ Retirement
33Board, “the date of the election” is the deadline to return ballots.

34

SEC. 4.  

Section 84101 of the Government Code is amended
35to read:

36

84101.  

(a) A committee that is a committee by virtue of
37subdivision (a) of Section 82013 shall file a statement of
38organization. The committee shall file the original of the statement
39of organization with the Secretary of State and shall also file a
40copy of the statement of organization with the local filing officer,
P4    1if any, with whom the committee is required to file the originals
2of its campaign reports pursuant to Section 84215. The original
3and copy of the statement of organization shall be filed within 10
4days after the committee has qualified as a committee. The
5Secretary of State shall assign a number to each committee that
6files a statement of organization and shall notify the committee of
7the number. The Secretary of State shall send a copy of statements
8filed pursuant to this section to the county elections official of each
9county that he or she deems appropriate. A county elections official
10who receives a copy of a statement of organization from the
11Secretary of State pursuant to this section shall send a copy of the
12statement to the clerk of each city in the county that he or she
13deems appropriate.

14(b) In addition to filing the statement of organization as required
15by subdivision (a), if a committee qualifies as a committee under
16subdivision (a) of Section 82013 before the date of an election in
17connection with which the committee is required to file preelection
18statements, but after the closing date of the last campaign statement
19required to be filed before the election pursuant to Section 84200.8
20or 84200.9, the committee shall file, by facsimile transmission,
21online transmission, guaranteed overnight delivery, or personal
22delivery within 24 hours of qualifying as a committee, the
23information required to be reported in the statement of organization.
24The information required by this subdivision shall be filed with
25the filing officer with whom the committee is required to file the
26originals of its campaign reports pursuant to Section 84215.

27(c) If an independent expenditure committee qualifies as a
28committee pursuant to subdivision (a) of Section 82013 during the
29time period described in Section 82036.5 and makes independent
30expenditures of one thousand dollars ($1,000) or more to support
31or oppose a candidate or candidates for office, the committee shall
32file, by facsimile transmission, online transmission, guaranteed
33overnight delivery, or personal delivery within 24 hours of
34qualifying as a committee, the information required to be reported
35in the statement of organization. The information required by this
36section shall be filed with the filing officer with whom the
37committee is required to file the original of its campaign reports
38pursuant to Section 84215, and shall be filed at all locations
39required for the candidate or candidates supported or opposed by
P5    1the independent expenditures. The filings required by this section
2are in addition to filings that may be required by Section 84204.

3(d) For purposes of this section, in calculating whether two
4thousand dollars ($2,000) in contributions has been received,
5payments for a filing fee or for a statement of qualifications to
6appear in a sample ballot shall not be included if these payments
7have been made from the candidate’s personal funds.

8

SEC. 5.  

Section 84103 of the Government Code is amended
9to read:

10

84103.  

(a) If there is a change in any of the information
11contained in a statement of organization, an amendment shall be
12filed within 10 days to reflect the change. The committee shall file
13the original of the amendment with the Secretary of State and shall
14also file a copy of the amendment with the local filing officer, if
15any, with whom the committee is required to file the originals of
16its campaign reports pursuant to Section 84215.

17(b) In addition to filing an amendment to a statement of
18organization as required by subdivision (a), a committee as defined
19in subdivision (a) of Section 82013 shall, by facsimile transmission,
20online transmission, guaranteed overnight delivery, or personal
21delivery within 24 hours, notify the filing officer with whom it is
22required to file the originals of its campaign reports pursuant to
23Section 84215 if the change requiring the amendment occurs before
24the date of the election in connection with which the committee
25is required to file a preelection statement, but after the closing date
26of the last preelection statement required to be filed for the election
27pursuant to Section 84200.8, if any of the following information
28is changed:

29(1) The name of the committee.

30(2) The name of the treasurer or other principal officers.

31(3) The name of any candidate or committee by which the
32committee is controlled or with which it acts jointly.

33The notification shall include the changed information, the date
34of the change, the name of the person providing the notification,
35and the committee’s name and identification number.

36A committee may file a notification online only if the appropriate
37filing officer is capable of receiving the notification in that manner.

38

SEC. 6.  

Section 84200.5 of the Government Code is repealed.

39

SEC. 7.  

Section 84200.5 is added to the Government Code, to
40read:

P6    1

84200.5.  

In addition to the campaign statements required by
2Section 84200, elected officers, candidates, and committees shall
3file preelection statements as follows:

4(a) All candidates appearing on the ballot to be voted on at the
5next election, their controlled committees, and committees
6primarily formed to support or oppose an elected officer, candidate,
7or a measure appearing on the ballot to be voted on at the next
8election shall file the applicable preelection statements specified
9in Section 84200.8.

10(b) All elected state officers and candidates for elective state
11office who are not appearing on the ballot at the next statewide
12primary or general election, and who, during the preelection
13reporting periods covered by Section 84200.8, contribute to any
14committee required to report receipts, expenditures, or
15contributions pursuant to this title, or make an independent
16expenditure of five hundred dollars ($500) or more in connection
17with the statewide primary or general election, shall file the
18applicable preelection statements specified in Section 84200.8.

19(c) A state or county general purpose committee formed pursuant
20to subdivision (a) of Section 82013, other than a political party
21committee as defined in Sectionbegin delete 84205,end deletebegin insert 85205,end insert shall file the
22applicable preelection statements specified in Section 84200.8 if
23it makes contributions or independent expenditures totaling five
24hundred dollars ($500) or more in connection with the statewide
25primary or general election during the period covered by the
26preelection statements. However, a state or county general purpose
27committee formed pursuant to subdivision (b) or (c) of Section
2882013 is not required to file the preelection statements specified
29in Section 84200.8.

30(d) A political party committee as defined in Sectionbegin delete 84205end delete
31begin insert 85205end insert shall file the applicable preelection statements specified in
32Section 84200.8 in connection with a state election if the committee
33receives contributions totaling one thousand dollars ($1,000) or
34more, or if it makes contributions or independent expenditures
35totaling five hundred dollars ($500) or more, in connection with
36the election during the period covered by the preelection statement.

37(e) A city general purpose committee formed pursuant to
38subdivision (a) of Section 82013 shall file the applicable
39preelection statements specified in Section 84200.8 if it makes
40contributions or independent expenditures totaling five hundred
P7    1dollars ($500) or more in connection with a city election in the
2committee’s jurisdiction during the period covered by the
3preelection statements. However, a city general purpose committee
4formed pursuant to subdivision (b) or (c) of Section 82013 is not
5required to file the preelection statements specified in Section
684200.8.

7(f) During an election period for the Board of Administration
8of the Public Employees’ Retirement System or the Teachers’
9Retirement Board:

10(1) All candidates for these boards, their controlled committees,
11and committees primarily formed to support or oppose the
12candidates shall file the preelection statements specified in Section
1384200.9.

14(2) A state or county general purpose committee formed
15pursuant to subdivision (a) of Section 82013 shall file the
16preelection statements specified in Section 84200.9 if it makes
17 contributions or independent expenditures totaling five hundred
18dollars ($500) or more during the period covered by the preelection
19statement to support or oppose a candidate, or a committee
20primarily formed to support or oppose a candidate on the ballot
21for the Board of Administration of the Public Employees’
22Retirement System or the Teachers’ Retirement Board.

23(3) However, a general purpose committee formed pursuant to
24subdivision (b) or (c) of Section 82013 is not required to file the
25statements specified in Section 84200.9.

26

SEC. 8.  

Section 84200.6 of the Government Code is amended
27to read:

28

84200.6.  

In addition to the campaign statements required by
29Sections 84200 and 84200.5, all candidates and committees shall
30file the following special statements and reports:

31(a) Late contribution reports, when required by Section 84203.

32(b) Late independent expenditure reports, when required by
33Section 84204.

34

SEC. 9.  

Section 84200.7 of the Government Code is repealed.

35

SEC. 10.  

Section 84202.5 of the Government Code is repealed.

36

SEC. 11.  

Section 84203.5 of the Government Code is repealed.

37begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 84206 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
38to read:end insert

39

84206.  

(a) The commission shall provide by regulation for a
40short form for filing reports required by this article for candidates
P8    1or officeholders who receive contributions of less thanbegin delete oneend deletebegin insert twoend insert
2 thousand dollarsbegin delete ($1,000),end deletebegin insert ($2,000),end insert and who make expenditures
3of less thanbegin delete oneend deletebegin insert twoend insert thousand dollarsbegin delete ($1,000),end deletebegin insert ($2,000),end insert in a
4calendar year.

5(b) For the purposes of this section, in calculating whetherbegin delete oneend delete
6begin insert twoend insert thousand dollarsbegin delete ($1,000)end deletebegin insert ($2,000)end insert in expenditures have been
7made, payments for a filing fee or for a statement of qualification
8shall not be included if these payments have been made from the
9candidate’s personal funds.

10(c) Every candidate or officeholder who has filed a short form
11pursuant to subdivision (a), and who thereafter receives
12contributions or makes expenditures totalingbegin delete oneend deletebegin insert twoend insert thousand
13dollarsbegin delete ($1,000)end deletebegin insert ($2,000)end insert or more in a calendar year, shall send
14written notification to the Secretary of State, the local filing officer,
15and each candidate contending for the same office within 48 hours
16of receiving or expending a total ofbegin delete oneend deletebegin insert twoend insert thousand dollars
17begin delete ($1,000)end deletebegin insert ($2,000)end insert. The written notification shall revoke the
18previously filed short form statement.

19begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 84207 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
20to read:end insert

21

84207.  

(a) An elected member of, or a candidate for election
22to, a county central committee of a qualified political party who
23receives contributions of less thanbegin delete oneend deletebegin insert twoend insert thousand dollars
24begin delete ($1,000)end deletebegin insert ($2,000)end insert and who makes expenditures of less thanbegin delete oneend delete
25begin insert twoend insert thousand dollarsbegin delete ($1,000)end deletebegin insert ($2,000)end insert in a calendar year shall not
26be required to file any campaign statements required by this title.

27(b) Notwithstanding Sections 81009.5 and 81013, a local
28government agency shall not impose any filing requirements on
29an elected member of, or a candidate for election to, a county
30central committee of a qualified political party who receives
31contributions of less thanbegin delete oneend deletebegin insert twoend insert thousand dollarsbegin delete ($1,000)end delete
32begin insert ($2,000)end insert and who makes expenditures of less thanbegin delete oneend deletebegin insert twoend insert
33 thousand dollarsbegin delete ($1,000)end deletebegin insert ($2,000)end insert in a calendar year.

34

begin deleteSEC. 12.end delete
35begin insertSEC. 14.end insert  

Section 84218 of the Government Code is amended
36to read:

37

84218.  

(a) A slate mailer organization shall file semiannual
38campaign statements no later than July 31 for the period ending
39June 30, and no later than January 31 for the period ending
40December 31.

P9    1(b) In addition to the semiannual statements required by
2subdivision (a), a slate mailer organization which produces a slate
3mailer supporting or opposing candidates or measures being voted
4on in an election shall file the statements specified in Section
584200.8 if, during the period covered by the preelection statement,
6the slate mailer organization receives payments totaling five
7hundred dollars ($500) or more from any person for the support
8of or opposition to candidates or ballot measures in one or more
9slate mailers, or expends five hundred dollars ($500) or more to
10produce one or more slate mailers.

11(c) A slate mailer organization shall file two copies of its
12campaign reports with the clerk of the county in which it is
13domiciled. A slate mailer organization is domiciled at the address
14listed on its statement of organization unless it is domiciled outside
15California, in which case its domicile shall be deemed to be Los
16Angeles County for purposes of this section.

17In addition, slate mailer organizations shall file campaign reports
18as follows:

19(1) A slate mailer organization which produces one or more
20slate mailers supporting or opposing candidates or measures voted
21on in a state election, or in more than one county, shall file
22campaign reports in the same manner as state general purpose
23committees pursuant to subdivision (a) of Section 84215.

24(2) A slate mailer organization which produces one or more
25slate mailers supporting or opposing candidates or measures voted
26on in only one county, or in more than one jurisdiction within one
27county, shall file campaign reports in the same manner as county
28 general purpose committees pursuant to subdivision (c) of Section
2984215.

30(3) A slate mailer organization which produces one or more
31slate mailers supporting or opposing candidates or measures voted
32on in only one city shall file campaign reports in the same manner
33as city general purpose committees pursuant to subdivision (d) of
34Section 84215.

35(4) Notwithstanding the above, no slate mailer organization
36shall be required to file more than the original and one copy, or
37two copies, of a campaign report with any one county or city clerk
38or with the Secretary of State.

39begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 85201 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
40to read:end insert

P10   1

85201.  

(a) Upon the filing of the statement of intention
2pursuant to Section 85200, the individual shall establish one
3campaign contribution account at an office of a financial institution
4located in the state.

5(b) As required by subdivision (f) of Section 84102, a candidate
6who raises contributions ofbegin delete oneend deletebegin insert twoend insert thousand dollarsbegin delete ($1,000)end delete
7begin insert ($2,000)end insert or more in a calendar year shall set forth the name and
8address of the financial institution where the candidate has
9established a campaign contribution account and the account
10number on the committee statement of organization filed pursuant
11to Sections 84101 and 84103.

12(c) All contributions or loans made to the candidate, to a person
13on behalf of the candidate, or to the candidate’s controlled
14committee shall be deposited in the account.

15(d) Any personal funds which will be utilized to promote the
16election of the candidate shall be deposited in the account prior to
17expenditure.

18(e) All campaign expenditures shall be made from the account.

19(f) Subdivisions (d) and (e) do not apply to a candidate’s
20payment for a filing fee and statement of qualifications from his
21or her personal funds.

22(g) This section does not apply to a candidate who will not
23receive contributions and who makes expenditures from personal
24funds of less thanbegin delete oneend deletebegin insert twoend insert thousand dollarsbegin delete ($1,000)end deletebegin insert ($2,000)end insert in
25a calendar year to support his or her candidacy. For purposes of
26this section, a candidate’s payment for a filing fee and statement
27of qualifications shall not be included in calculating the total
28expenditures made.

29(h) An individual who raises contributions from others for his
30or her campaign, but who raises or spends less thanbegin delete oneend deletebegin insert twoend insert
31 thousand dollarsbegin delete ($1,000)end deletebegin insert ($2,000)end insert in a calendar year, and does
32not qualify as a committee under Section 82013, shall establish a
33campaign contribution account pursuant to subdivision (a), but is
34not required to file a committee statement of organization pursuant
35to Section 84101 or other statement of bank account information.

36

begin deleteSEC. 13.end delete
37begin insertSEC. 16.end insert  

No reimbursement is required by this act pursuant
38to Section 6 of Article XIII B of the California Constitution because
39the only costs that may be incurred by a local agency or school
40district will be incurred because this act creates a new crime or
P11   1infraction, eliminates a crime or infraction, or changes the penalty
2for a crime or infraction, within the meaning of Section 17556 of
3the Government Code, or changes the definition of a crime within
4the meaning of Section 6 of Article XIII B of the California
5Constitution.

6

begin deleteSEC. 14.end delete
7begin insertSEC. 17.end insert  

The Legislature finds and declares that this bill
8furthers the purposes of the Political Reform Act of 1974 within
9 the meaning of subdivision (a) of Section 81012 of the Government
10Code.



O

    96