BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON
          ELECTIONS AND CONSTITUTIONAL AMENDMENTS
                              Senator Ben Allen, Chair
                                2015 - 2016  Regular 

          Bill No:             AB 594         Hearing Date:    7/7/15    
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          |Author:    |Gordon                                               |
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          |Version:   |6/29/15                                              |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Darren Chesin                                        |
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             Subject:  Political Reform Act of 1974: campaign statements

           DIGEST
           
          This bill eliminates certain campaign reporting requirements and  
          makes other changes to thresholds and reporting requirements  
          pursuant to the Political Reform Act of 1974 (PRA).
           ANALYSIS
           
           Existing law  : 

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


          1)Requires candidates, political committees, and slate mail  
            organizations to file specified periodic and activity-based  







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            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. 

          2)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. 

          1)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. 

          2)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. 

           This bill  :

          1)Revises the definition of recipient committee by increasing  
            the qualifying monetary threshold from $1,000 to $2,000 for  
            contributions received by a person or combination of persons.

          2)Clarifies 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. 











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          3)Eliminates supplemental pre-election and supplemental  
            independent expenditure reporting requirements. 



          4)Requires all pre-election reports to be filed pursuant to the  
            same schedule, instead of having a slightly different schedule  
            for pre-election reports that are filed in connection with  
            statewide elections held in June and November of even-numbered  
            years. 



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



          6)Makes corresponding and technical changes. 

           BACKGROUND
          
           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 pre-election reports are two examples of periodic  
          reports that are required under the PRA.  

          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  








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          pre-election 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. 

           Supplemental Pre-election Statements  .  Existing law requires a  
          recipient committee to file a supplemental pre-election  
          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 pre-election 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  
          pre-election 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. 

          At the time the supplemental pre-election statement requirements  
          were put into law, there were no contribution limits for  
          elections for state office.  As a result, the requirement to  
          file supplemental pre-election 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  
          pre-election statement. 

           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  








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          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 before the  
          election, supplemental independent expenditure reports largely  
          have become duplicative of other reports that are filed in a  
          timelier manner. 
           Date Changes  .  Under existing law, pre-election 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 pre-election 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 pre-election report is  
          always October 5, covering all activity through September 30.   
          For elections held at other times, the deadline for the first  
          pre-election report is the 40th day before the election,  
          covering all activity through the 45th day before the election.   
          The second pre-election 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.

          This bill standardizes the schedule for filing pre-election  
          reports so that the first pre-election 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 pre-election 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 pre-election report for elections on the  








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          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. 

           City General Purpose Committees  .  This bill eliminates the  
          requirement for city general purpose committees to file  
          pre-election 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  
          pre-election reports only if they are recipient committees.  The  
          pre-election 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 pre-election reports.  Those committees'  
          pre-election 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 general purpose committees. 
           
          COMMENTS
           
           1)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  
            provisions of the Political Reform Act to reduce redundancy  
            and improve accountability.  It would also modernize a  
            reporting threshold in line with the original thresholds.   
            Overall, the bill would make small, but meaningful reforms to  
            the Political Reform Act, while maintaining the highest  
            ethical standards.

          This bill would adjust some of the thresholds to file and remove  
            redundant filings.  Specifically, AB 594 would:








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             a)   Eliminate duplicative reports.

             This bill would repeal provisions that currently require  
               "supplemental pre-election statements" and "supplemental  
               independent expenditure reports."  These statements were  
               intended to disclose contributions received and independent  
               expenditures made shortly before the election.  However,  
               when AB 481 (Ch. 496, Stats. 2012) extended the 24-hour  
               reporting period from 16 days to 90 days, supplemental  
               pre-election statements and supplemental independent  
               expenditure reports became duplicative and can be  
               eliminated without sacrificing disclosure or transparency. 

             b)   Provide updated and relevant monetary threshold for  
               triggering as a "committee" subject to registration and  
               reporting.

             This bill would increase the recipient committee  
               qualification threshold from $1,000 to $2,000.  This  
               threshold has not been updated since 1987.  Adjusting for  
               inflation, the threshold change proposed in the bill is in  
               line with what the original qualification thresholds.  This  
               change will update the outdated threshold in a manner that  
               balances the ability of a candidate to run a grassroots  
               campaign with the burdens imposed once he or she qualifies  
               as a committee.  Moreover, should a local government  
               believe that the new qualification thresholds are higher  
               than they wish; nothing in the bill would impact the  
               ability of a local government to apply a lower threshold.

             c)   Clarify and simplify reporting requirements for 24-hour  
               reports filed 90 days before the election.

             This bill would clarify that reports required to be filed  
               within 24-hours during the 90- day period prior to the  
               election includes the election date itself.         

             d)   Clarify and simplify requirements for reports filed  
               before the election, while still maintaining relevant and  
               timely disclosure.

             This bill would make the law easier to understand and comply  
               with, and tie reporting requirements to the relevant  








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               upcoming election.    

                               RELATED/PRIOR 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 pre-election 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.

           PRIOR ACTION
           
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          |Assembly Floor:                       |77 - 0                     |
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          |Assembly Appropriations Committee:    |17 - 0                     |
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          |Assembly Elections and Redistricting  |  5 - 0                    |
          |Committee:                            |                           |
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          POSITIONS
           
          Sponsor: Author

           Support: California Forward Action Fund
                    California Special Districts Association
                    Fair Political Practices Commission
                    Santa Clara Valley Water District
                    
           Oppose:  None received
                                          
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