Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2523

Introduced by Assembly Member Mullin

February 19, 2016

begin delete An act relating to local campaign contributions. end delete begin insert An act to add Part 7 (commencing with Section 10800) to Division 10 of, and to repeal Sections 10003, 10202, and 10544 of, the Elections Code, relating to elections. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2523, as amended, Mullin. begin delete Campaign contributions: local elections. end delete begin insert Local elective offices: contribution limitations. end insert

begin insert

The Political Reform Act of 1974 prohibits a person, other than a small contributor committee or political party committee, from making to a candidate for elective state office, for statewide elective office, or for office of the Governor, and prohibits those candidates from accepting from a person, a contribution totaling more than a specified amount per election. For a candidate for elective state office other than a candidate for statewide elective office, the limitation on contributions is $3,000 per election, as that amount is adjusted by the Fair Political Practices Commission in January of every odd-numbered year.

end insert begin insert

Existing law authorizes a county, city, or district to limit campaign contributions in local elections. The act specifies that it does not prevent the Legislature or any other state or local agency from imposing additional requirements on a person if the requirements do not prevent the person from complying with the act, and that the act does not nullify contribution limitations or prohibitions by any local jurisdiction that apply to elections for local elective office, as specified.

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This bill would prohibit a person from making to a candidate for local elective office, and would prohibit a candidate for local elective office from accepting from a person, a contribution totaling more than the amount set forth for limitations on contributions to a candidate for elective state office. This bill would authorize a county, city, special district, or school district to impose a limitation that is equal to or lower than that limitation, except as specified. This bill would make a violation of the contribution limitation imposed by the bill punishable as a misdemeanor and subject to a specified civil fine administered by the district attorney of the county in which the violation occurs. By creating a new crime, this bill would impose a state-mandated local program.

end insert begin insert

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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

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The Political Reform Act of 1974 imposes limitations on contributions to candidates for elective state office, statewide elective office, and office of the Governor, as specified. The act specifies that nothing in it prevents the Legislature or any other state or local agency from imposing additional requirements on a person if the requirements do not prevent the person from complying with the act, and that nothing in it nullifies contribution limitations or prohibitions by any local jurisdiction that apply to elections for local elective office, as specified. The act requires a local government agency that has enacted, enacts, amends, or repeals an ordinance or other provision of law affecting campaign contributions to file a copy of the action with the Fair Political Practices Commission.

end delete begin delete

Existing law authorizes a county, city, or district to limit campaign contributions in local elections.

end delete begin delete

This bill would declare the intent of the Legislature to enact legislation that would impose limitations on campaign contribution for local elections.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 10003 of the end insert begin insert Elections Code end insert begin insert is repealed. end insert

begin delete

10003.  

A county may by ordinance or resolution limit campaign
contributions in county elections.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 10202 of the end insert begin insert Elections Code end insert begin insert is repealed. end insert

begin delete

10202.  

A city may, by ordinance or resolution, limit campaign
contributions in municipal elections.

end delete

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 10544 of the end insert begin insert Elections Code end insert begin insert is repealed. end insert

begin delete

10544.  

A governing body of a district may, by resolution, limit
campaign contributions in elections to district offices.

end delete

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Part 7 (commencing with Section 10800) is added to
Division 10 of the end insert begin insert Elections Code end insert begin insert , to read: end insert

begin insert

 

PART  begin insert 7. end insert   Local Limitations on Contributions

 

begin insert 10800. end insert   

For purposes of this part, the following terms have the
following meanings:

(a) “Candidate” has the same meaning as set forth in Section
82007 of the Government Code.

(b) “City” has the same meaning as set forth in Section 82008
of the Government Code.

(c) “Contribution” has the same meaning as set forth in Section
82015 of the Government Code.

(d) “County” has the same meaning as set forth in Section
82017 of the Government Code.

(e) “Election” means a primary, general, special, runoff, or
recall election in a county, city, special district, or school district.
Primary, general, special, and runoff elections are each a separate
election for purposes of this part.

(f) “Local elective office” means a county, city, special district,
or school district office that is filled at an election.

(g) “Local government” means a county, city, special district,
or school district that has a local elective office.

(h) “Person” has the same meaning as set forth in Section 82047
of the Government Code.

(i) “School district” includes a community college district.

(j) “Special district” has the same meaning as set forth in
Section 82048.5 of the Government Code.

begin insert 10801. end insert   

(a) A person shall not make to a candidate for local
elective office, and a candidate for local elective office shall not
accept from a person, a contribution totaling more than the amount
set forth in subdivision (a) of Section 85301 of the Government
Code, as that amount is adjusted by the Fair Political Practices
Commission pursuant to Section 83124 of the Government Code.

(b) A contribution shall not be deemed received for purposes
of this part if it is returned to the contributor within 14 days of
receipt.

(c) This section does not apply to a candidate’s contributions
of his or her personal funds to his or her own campaign.

begin insert 10802. end insert   

(a) Except as provided in subdivision (b) of this section
and subdivision (a) of Section 85703 of the Government Code, a
local government may, by ordinance or resolution, impose a
limitation on contributions to a candidate for local elective office
that is equal to or lower than the limitation set forth in Section
10801. The limitation may also be imposed by means of a local
initiative measure.

(b) A local government shall not impose additional requirements
on a person pursuant to subdivision (a) if the requirements prevent
the person from complying with this part or the Political Reform
Act of 1974 (Title 9 (commencing with Section 81000) of the
Government Code).

begin insert 10803. end insert   

(a) A person who intentionally or negligently violates
Section 10801 shall be subject to a civil fine for an amount up to
five thousand dollars ($5,000) or three times the amount that was
contributed or accepted in excess of the contribution limitation,
whichever is greater.

(b) In addition to the penalty set forth in subsection (a), a person
who knowingly or willfully violates Section 10801 is guilty of a
misdemeanor.

(c) The district attorney of the county in which a violation occurs
is responsible for enforcing the civil and criminal penalties in this
section.

(d) Whether a violation of Section 10801 is inadvertent,
negligent, or deliberate, and the presence or absence of good faith,
shall be considered in applying the penalties in this section.

(e) A civil action for, or a criminal prosecution for, violation
of Section 10801 must be commenced within four years after the
date on which the violation occurred.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert begin insert

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.

end insert

begin delete

SECTION 1.  

It is the intent of the Legislature to enact
legislation that would impose limitations on campaign contributions
for local elections.

end delete