BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 594


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          Date of Hearing:   April 15, 2015


                  ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING


                           Sebastian Ridley-Thomas, Chair


          AB 594  
          (Gordon) - As Amended April 7, 2015


          SUBJECT:  Political Reform Act of 1974:  campaign statements.


          SUMMARY:  Eliminates certain campaign reporting requirements.  
          Standardizes the dates by which preelection reports must be  
          filed.  Requires contributions and independent expenditures of  
          $1,000 or more that are received or made on election day to be  
          reported within 24 hours.  Specifically, this bill:  


          1)Provides that a contribution or an independent expenditure of  
            $1,000 or more that is received or made on election day is a  
            "late contribution" or a "late independent expenditure" that  
            is required to be reported within 24 hours of having been  
            received or made.


          2)Eliminates supplemental preelection and supplemental  
            independent expenditure reporting requirements.


          3)Requires all preelection reports to be filed pursuant to the  
            same schedule, instead of having a slightly different schedule  
            for preelection reports that are filed in connection with  









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            statewide elections held in June and November of even-numbered  
            years.


          4)Eliminates the requirement for city general purpose committees  
            to file preelection reports if they do not receive  
            contributions of $1,000 or more.


          5)Makes corresponding and technical changes.


          EXISTING LAW:  


          1)Creates the Fair Political Practices Commission (FPPC), and  
            makes it responsible for the impartial, effective  
            administration and implementation of the Political Reform Act  
            (PRA).

          2)Provides that any person or combination of persons who  
            directly or indirectly does any of the following is considered  
            a "committee" for the purposes of the PRA:



             a)   Receives contributions of $1,000 or more in a calendar  
               year (these committees are commonly known as "recipient  
               committees");

             b)   Makes independent expenditures of $1,000 or more in a  
               calendar year (these committees are commonly known as  
               "independent expenditure committees"); or,



             c)   Makes contributions totaling $10,000 or more per year to  









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               or at the behest of candidates or committees (these  
               committees are commonly known as "major donor committees").

          3)Requires candidates, political committees, and slate mail  
            organizations to file specified periodic and activity-based  
            campaign finance reports, including semiannual statements,  
            pre-election statements, supplemental pre-election statements,  
            and late contribution/independent expenditure reports that  
            include specified campaign finance information.

          4)Defines "late contribution" as either of the following:

             a)   A contribution, including a loan, that totals $1,000 or  
               more in the aggregate and that is made to or received by a  
               candidate, controlled committee, or committee primarily  
               formed or existing primarily to support or oppose a  
               candidate or measure within 90 days before the date of the  
               election at which candidate or measure is to be voted on;  
               or, 

             b)   A contribution, including a loan, that totals $1,000 or  
               more in the aggregate and that is made to or received by a  
               political party committee within 90 days before a state  
               election.

          5)Defines "late independent expenditure" as an independent  
            expenditure that totals $1,000 or more in the aggregate and  
            that is made for or against a specific candidate or measure  
            involved in an election within 90 days before the date of the  
            election.

          6)Requires a "late contribution" or a "late independent  
            expenditure," as defined, to be publicly reported within 24  
            hours of the time that it is made or received, as specified.

          FISCAL EFFECT:  Unknown.  State-mandated local program; contains  
          a crimes and infractions disclaimer.









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          COMMENTS:  


          1)Purpose of the Bill:  According to the author:


               I have long believed in the purposes of California's  
               Political Reform Act and its goal of enabling a  
               knowledgeable electorate.  This includes helping  
               voters become fully informed as they make decisions  
               that will impact the governance of this state.  For  
               this reason, it is essential that there is a fair,  
               efficient, and effective means of holding entities  
               involved with campaigns accountable for violations of  
               the law.  AB 594 would streamline some of the campaign  
               finance rules in the Political Reform Act to reduce  
               redundancy and improve accountability. Overall, the  
               bill would make small, but meaningful reforms to the  
               Political Reform Act, while maintaining the highest  
               ethical standards.


          2)Periodic and Activity Based Reports:  Under the PRA, there are  
            two general types of reporting requirements.  The first type  
            of report is commonly referred to as a periodic report.   
            Periodic reports must be filed according to a specified time  
            schedule for all similarly-situated candidates and committees,  
            regardless of the amount of campaign activity during the  
            period of time covered by the report.  These reports generally  
            include all campaign activity (contributions, loans,  
            expenditures, etc.) that occurred over a specified period of  
            time.  Semi-annual reports and preelection reports are two  
            examples of periodic reports that are required under the PRA.











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          The second type of report that the PRA requires is an  
            activity-based report.  An activity-based report is triggered  
            when a candidate or committee has campaign activity that meets  
            or exceeds a specific dollar threshold.  Late contribution  
            reports and late independent expenditure reports are examples  
            of activity-based reports.

          This bill seeks to eliminate two types of special activity-based  
            reports in an effort to streamline the campaign reporting  
            process. The reports that would be eliminated are supplemental  
            preelection statements and supplemental independent  
            expenditure reports.  Due to modifications made to campaign  
            limits and disclosure requirements after these reporting  
            requirements were established, these special activity-based  
            reporting requirements no longer serve their original  
            purposes.
             a)   Supplemental Preelection Statements: Existing law  
               requires a recipient committee to file a supplemental  
               preelection statement if it makes contributions of $10,000  
               or more in connection with an election for which the  
               committee otherwise would not be required to file  
               preelection statements.  This reporting requirement, which  
               was created in 1985, was designed to ensure that a  
               committee that is making significant contributions in an  
               election is required to disclose its donors prior to the  
               election.  For example, if an individual made a $50,000  
               contribution to a state general purpose committee a month  
               before a legislative special election, and the state  
               general purpose committee then used those funds to make a  
               $50,000 contribution to a candidate who was running in that  
               special election, the supplemental preelection statement  
               ensured that the state general purpose committee was  
               required to disclose the $50,000 contribution it received  
               from the individual prior to the special election. 











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             At the time the supplemental preelection statement  
               requirements were put into law, there were no contribution  
               limits for elections for state office.  As a result, the  
               requirement to file supplemental preelection statements was  
               an important tool to ensure that the true source of  
               significant campaign contributions to candidates was  
               disclosed prior to the election.  Since that time, however,  
               Proposition 34 of 2000 imposed contribution limits for  
               elections for state office, and many local jurisdictions  
               have enacted local contribution limits.  As a result, it  
               has become relatively uncommon for committees to meet the  
               $10,000 threshold that requires filing a supplemental  
               preelection statement.
             b)   Supplemental Independent Expenditure Reports:  Existing  
               law requires a candidate or committee that makes  
               independent expenditures of $1,000 or more in a calendar  
               year in connection with an election to file a supplemental  
               independent expenditure report at the same times and in the  
               same places as the committee would be required to file  
               campaign statements if it were primarily formed to support  
               or oppose the candidate or measure that it supported or  
               opposed with the independent expenditure.  This reporting  
               requirement, which was created in 1985, was designed to  
               ensure that a committee that is making significant  
               independent expenditures in an election is required to  
               disclose its donors prior to the election.



             Since the requirement for supplemental independent  
               expenditure reports was enacted into law, however,  
               disclosure laws have been amended to require similar  
               information to be reported within 24 hours whenever a  
               committee makes independent expenditures of $1,000 or more  
               in the last 90 days before an election.  Since it is rare  
               for independent expenditures to be made more than 90 days  









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               before the election, supplemental independent expenditure  
               reports largely have become duplicative of other reports  
               that are filed in a timelier manner. 
          3)Preelection Reporting Changes:  Existing law requires  
            specified elected officials, candidates, and committees to  
            file two preelection campaign disclosure statements prior to  
            elections in which those entities are participating.  The  
            preelection statements ensure that significant campaign  
            contributions and expenditures are disclosed prior to the  
            election. This bill makes minor changes to the timing of such  
            preelection statements and to the entities that are required  
            to file preelection statements. (This bill does not affect  
            preelection reporting requirements in connection with  
            elections for the boards of the Public Employees Retirement  
            System and the Teachers' Retirement Board.)


             a)   Date Changes: Under existing law, preelection reports  
               are filed on a slightly different timeline for elections  
               held on the first Tuesday after the first Monday in June or  
               November of even-numbered years than for elections held at  
               other times.  The deadline for the first preelection report  
               for an election held on the first Tuesday after the first  
               Monday in June is always March 22, and the report is  
               required to cover campaign activity through March 17.  For  
               elections held on the first Tuesday after the first Monday  
               in November, the deadline for the first preelection report  
               is always October 5, covering all activity through  
               September 30.  For elections held at other times, the  
               deadline for the first preelection report is the 40th day  
               before the election, covering all activity through the 45th  
               day before the election. (The second preelection report is  
               always due on the 12th day before the election, covering  
               all activity through the 17th day before the election,  
               regardless of when the election is held.)











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             This bill standardizes the schedule for filing preelection  
               reports so that the first preelection report is always due  
               by the 40th day before the election, covering all activity  
               through the 45th day before the election, regardless of  
               when the election is held.  As a result, the first  
               preelection report for elections on the first Tuesday after  
               the first Monday in June of even-numbered years will be due  
               between April 23-29 (depending on the exact date of the  
               election) instead of on March 22, and the first preelection  
               report for elections on the first Tuesday after the first  
               Monday in November of even-numbered years will be due  
               between September 23-29 (depending on the exact date of the  
               election), instead of on September 30.
             b)   City General Purpose Committees: This bill eliminates  
               the requirement for city general purpose committees to file  
               preelection reports in connection with an election if the  
               committees are not recipient committees (that is, if they  
               do not receive contributions of $1,000 or more).  



             Generally, state and county general purpose committees are  
               required to file preelection reports only if they are  
               recipient committees.  The preelection report is intended  
               to ensure that a committee must report the donations that  
               it receives prior to an election, if the committee is  
               making contributions or independent expenditures in  
               connection with that election.  State and county general  
               purpose committees that are not recipient committees-that  
               is, committees that make independent expenditures or  
               contributions, but that do not receive contributions-are  
               not required to file preelection reports.  Those  
               committees' preelection activities typically will be  
               disclosed on other reports (including through late  
               independent expenditure reports and late contribution  
               reports).  This bill extends the same policy to city  









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               general purpose committees.
          4)Previous Legislation:  SB 1442 (Lara) of 2014 would have  
            required most state candidates and campaign committees to file  
            quarterly campaign reports, instead of semi-annual campaign  
            reports, would have eliminated requirements for committees to  
            file certain activity-based reports (including supplemental  
            preelection statements and supplemental independent  
            expenditure reports), and would have required the development  
            of a new Internet-based campaign finance reporting and  
            disclosure system.  SB 1442 was vetoed by Governor Brown, who  
            stated in his veto message that it would be premature to  
            adjust the campaign reporting schedules until a new campaign  
            finance disclosure system was in place, and who argued that  
            the Secretary of State's office should complete two existing  
            information technology projects before beginning to replace  
            the existing campaign finance disclosure system.


          5)Political Reform Act of 1974:  California voters passed an  
            initiative, Proposition 9, in 1974 that created the FPPC and  
            codified significant restrictions and prohibitions on  
            candidates, officeholders and lobbyists. That initiative is  
            commonly known as the PRA.  Amendments to the PRA that are not  
            submitted to the voters, such as those contained in this bill,  
            must further the purposes of the initiative and require a  
            two-thirds vote of both houses of the Legislature.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          None on file.









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          Opposition


          None on file.




          Analysis Prepared by:Ethan Jones / E. & R. / (916) 319-2094