Amended in Assembly April 19, 2016

Amended in Assembly April 6, 2016

Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2523

Introduced by Assembly Member Mullin

February 19, 2016

An act to begin insert repeal Sections 35177 and 72029 of the Education Code, and to end insert 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. 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. begin insert Existing law authorizes the governing board of a school district or of a community college district to limit campaign expenditures or contributions in elections to district offices. end insert 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 begin delete district end delete begin insert district, which includes a community college district, end insert to impose a limitation that begin insert is end insert different from the limitation imposed by this bill. begin delete This end delete begin insert This bill would repeal the authorization for the governing board of a school district or of a community college district to limit campaign expenditures in elections to district offices. end insert

begin insert This end insert 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. This bill would also authorize a local government that imposes a limitation that is different from the limitation imposed by this bill to adopt enforcement standards for a violation of the limitation imposed by the local government, including administrative, civil, or criminal penalties. 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) Most states impose limitations on contributions to candidates
for local elective offices. California is among the minority of states
without these contribution limitations.

(b) Most local governments in this state have not independently
imposed limitations on contributions to candidates for local elective
offices.

(c) In local jurisdictions in this state that have not imposed
limitations on contributions, candidates for local elective offices
often receive contributions that would exceed the limitations for
a state Senate campaign, even though most local jurisdictions
contain far fewer people than the average state Senate district.

(d) In local jurisdictions in this state that have not imposed
limitations on contributions, candidates for local elective office
sometimes raise 40 percent or more of their total campaign funds
from a single contributor.

(e) A system allowing unlimited contributions to a candidate
for local elective office creates the risk and the perception that
local elected officials are beholden to their contributors and will
act in the best interest of those contributors at the expense of the
people.

(f) This state has a statewide interest in preventing actual
corruption and the appearance of corruption at all levels of state
government.

(g) This act establishes a limitation on contributions to candidate
for local elective office in a jurisdiction in which the local
government has not established a limitation. However, a local
government may establish a different limitation that is more
precisely tailored to the needs of its communities.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 35177 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

35177.  

The governing board of a district may by resolution
limit campaign expenditures or contributions in elections to district
offices.

end delete

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 72029 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

72029.  

The governing board of a community college district
may by resolution limit campaign expenditures or contributions
in elections to district offices.

end delete

begin delete SEC. 2. end delete

begin insert SEC. 4. end insert   

Section 10003 of the Elections Code is repealed.

begin delete SEC. 3. end delete

begin insert SEC. 5. end insert   

Section 10202 of the Elections Code is repealed.

begin delete SEC. 4. end delete

begin insert SEC. 6. end insert   

Section 10544 of the Elections Code is repealed.

begin delete SEC. 5. end delete

begin insert SEC. 7. end insert   

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.
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).

(c) A local government that establishes a contribution limitation
pursuant to subdivision (a) may adopt enforcement standards for
a violation of that limitation, which may include administrative,
civil, or criminal penalties.

(d) Sections 10801 and 10803 do not apply in a jurisdiction in
which the local government imposes a contribution limitation
pursuant to subdivision (a).

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.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert A local government limitation on contributions to a
candidate for local elective office that is in effect on the effective
date of this act shall be deemed to be a limitation imposed pursuant
to Section 10802 of the Elections Code. end insert

begin delete SEC. 6. end delete

begin insert SEC. 9. end insert   

This act shall be liberally construed to accomplish its
purposes.

begin delete SEC. 7. end delete

begin insert SEC. 10. end insert   

The provisions of this act are severable. If any
provision of this act or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.

begin delete SEC. 8. end delete

begin insert SEC. 11. end 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.