BILL NUMBER: AB 2523 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Member Mullin
FEBRUARY 19, 2016
An act relating to local campaign contributions.
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.
LEGISLATIVE COUNSEL'S DIGEST
AB 2523, as amended, Mullin. Campaign contributions:
local elections. Local elective offices: contribution
limitations.
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.
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.
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.
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 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.
Existing law authorizes a county, city, or district to limit
campaign contributions in local elections.
This bill would declare the intent of the Legislature to enact
legislation that would impose limitations on campaign contribution
for local elections.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10003 of the
Elections Code is repealed.
10003. A county may by ordinance or resolution limit campaign
contributions in county elections.
SEC. 2. Section 10202 of the Elections
Code is repealed.
10202. A city may, by ordinance or resolution, limit campaign
contributions in municipal elections.
SEC. 3. Section 10544 of the Elections
Code is repealed.
10544. A governing body of a district may, by resolution, limit
campaign contributions in elections to district offices.
SEC. 4. Part 7 (commencing with Section 10800) is
added to Division 10 of the Elections Code , to
read:
PART 7. Local Limitations on Contributions
10800. 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.
10801. (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.
10802. (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).
10803. (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.
SEC. 5. 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.
SECTION 1. It is the intent of the Legislature
to enact legislation that would impose limitations on campaign
contributions for local elections.