BILL ANALYSIS Ó
AB 2250
Page 1
ASSEMBLY THIRD READING
AB
2250 (Ridley-Thomas)
As Introduced February 18, 2016
2/3 vote. Urgency
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Elections |5-1 |Weber, Gordon, Low, |Harper |
| | |Mullin, Nazarian | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |16-0 |Gonzalez, Bloom, | |
| | |Bonilla, Bonta, | |
| | |Calderon, Daly, | |
| | |Eggman, Gallagher, | |
| | | | |
| | | | |
| | | Eduardo Garcia, | |
| | |Roger Hernández, | |
| | |Holden, Obernolte, | |
| | |Quirk, Santiago, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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AB 2250
Page 2
SUMMARY: Prohibits, under state law, contributions,
expenditures, and independent expenditures from foreign
governments and foreign principals in connection with candidate
elections. Specifically, this bill:
1)Prohibits a foreign government or foreign principal, as
defined, from making, directly or through any other person, a
contribution, expenditure, or independent expenditure in
connection with any election.
2)Prohibits a person or a committee from soliciting or accepting
a contribution from a foreign government or a foreign
principal, as defined, in connection with an election.
3)Makes corresponding and technical changes.
4)Contains an urgency clause, allowing this bill to take effect
immediately upon enactment.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, potential minor absorbable costs to the Fair
Political Practices Commission (FPPC) and to local prosecutors
for enforcement, offset to some extent by fine revenues.
COMMENTS: According to the author, "Since 1966, federal law has
prohibited foreign nationals from making contributions in
connection with political campaigns in the United States. The
purpose of this law is to protect the process of democratic
self-governance for Americans.
"[I]n 1997, California enacted Government Code Section 85320
(Section 85320) through the passage of SB 109 (Kopp), Chapter
AB 2250
Page 3
67, Statutes of 1997. Section 85320 prohibits foreign
governments and foreign principals from making contributions,
expenditures, and independent expenditures in connection with a
state or local initiative, recall, or referendum measure.
Section 85320 additionally prohibits any person or committee
from soliciting or accepting a contribution from a foreign
government or principal in connection with a ballot measure
campaign.
"While it is unclear whether federal law governs contributions
made by foreign nationals in connection with ballot measure
elections, it clearly prohibits foreign nationals from making
contributions in connection with candidate elections in
California. The [Federal Elections Commission], however, which
is responsible for enforcing that law, has a significant backlog
and frequently deadlocks on enforcement matters. Furthermore,
it is important for the FPPC to have concurrent jurisdiction
over the issue of foreign contributions in elections in order to
best protect the integrity of California elections."
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 Political Reform Act (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.
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by:
AB 2250
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Ethan Jones / E. & R. / (916) 319-2094 FN:
0002741