Amended in Senate June 14, 2016

Amended in Assembly May 31, 2016

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 BillNo. 2523


Introduced by Assembly Member Mullin

(Coauthor: Assembly Member Gonzalez)

February 19, 2016


An act to amend and repeal Sections 35177 and 72029 of the Education Code,begin delete andend delete to amend and repeal Sections 10003, 10202, and 10544begin delete of, and to add Part 7 (commencing with Section 10800) to Division 10 of,end deletebegin insert ofend insert the Elections Code,begin insert and to add Sections 82039.8, 85301.5, and 85702.5 to the Government Code,end insert 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. 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. 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, commencing January 1, 2018, instead 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 schoolbegin delete district, which includes a community college district,end deletebegin insert districtend insert to impose a limitation that is different from the limitation imposed by this bill. 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.

begin insert

The act makes a violation of its provisions punishable as a misdemeanor and subject to specified penalties.

end insert

This bill wouldbegin delete make a violation ofend deletebegin insert addend insert the contribution limitation imposed by the billbegin insert to the act’s provisions, thereby making a violation of the limitationend insert punishable as a misdemeanor and subject tobegin delete aend delete specifiedbegin delete civil fine administered by the district attorney, as specified. Thisend deletebegin insert penalties. However, the bill would specify that a violation of a limitation imposed by a local government is not subject to the act’s enforcement provisions. Theend insert bill wouldbegin delete alsoend delete 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 localbegin delete government,end deletebegin insert government agency,end insert including administrative, civil, or criminal penalties. Bybegin delete creating a new crime,end deletebegin delete thisend deletebegin insert expanding the scope of an existing crime with regard to a violation of a contribution limitation imposed by the bill, theend insert 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.

begin insert

The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a 23 vote of each house and compliance with specified procedural requirements.

end insert
begin insert

This bill would declare that it furthers the purposes of the act.

end insert

Vote: begin deletemajority end deletebegin insert23end insert. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P3    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) Most states impose limitations on contributions to candidates
4for local elective offices. California is among the minority of states
5without these contribution limitations.

6(b) Most local governments in this state have not independently
7imposed limitations on contributions to candidates for local elective
8offices.

9(c) In local jurisdictions in this state that have not imposed
10limitations on contributions, candidates for local elective offices
11often receive contributions that would exceed the limitations for
12a state Senate campaign, even though most local jurisdictions
13contain far fewer people than the average state Senate district.

14(d) In local jurisdictions in this state that have not imposed
15limitations on contributions, candidates for local elective office
16sometimes raise 40 percent or more of their total campaign funds
17from a single contributor.

18(e) A system allowing unlimited contributions to a candidate
19for local elective office creates the risk and the perception that
20local elected officials are beholden to their contributors and will
21act in the best interest of those contributors at the expense of the
22people.

23(f) This state has a statewide interest in preventing actual
24 corruption and the appearance of corruption at all levels of state
25government.

P4    1(g) This act establishes a limitation on contributions to a
2candidate for local elective office in a jurisdiction in which the
3local government has not established a limitation. However, a local
4government may establish a different limitation that is more
5precisely tailored to the needs of its communities.

6

SEC. 2.  

Section 35177 of the Education Code is amended to
7read:

8

35177.  

(a) The governing board of a district may by resolution
9limit campaign expenditures or contributions in elections to district
10offices.

11(b) This section shall remain in effect only until January 1, 2018,
12and as of that date is repealed, unless a later enacted statute, that
13is enacted before January 1, 2018, deletes or extends that date.

14

SEC. 3.  

Section 72029 of the Education Code is amended to
15read:

16

72029.  

(a) The governing board of a community college district
17may by resolution limit campaign expenditures or contributions
18in elections to district offices.

19(b) This section shall remain in effect only until January 1, 2018,
20 and as of that date is repealed, unless a later enacted statute, that
21is enacted before January 1, 2018, deletes or extends that date.

22

SEC. 4.  

Section 10003 of the Elections Code is amended to
23read:

24

10003.  

(a) A county may by ordinance or resolution limit
25campaign contributions in county elections.

26(b) This section shall remain in effect only until January 1, 2018,
27and as of that date is repealed, unless a later enacted statute, that
28is enacted before January 1, 2018, deletes or extends that date.

29

SEC. 5.  

Section 10202 of the Elections Code is amended to
30read:

31

10202.  

(a) A city may, by ordinance or resolution, limit
32campaign contributions in municipal elections.

33(b) This section shall remain in effect only until January 1, 2018,
34and as of that date is repealed, unless a later enacted statute, that
35is enacted before January 1, 2018, deletes or extends that date.

36

SEC. 6.  

Section 10544 of the Elections Code is amended to
37read:

38

10544.  

(a) A governing body of a district may, by resolution,
39limit campaign contributions in elections to district offices.

P5    1(b) This section shall remain in effect only until January 1, 2018,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2018, deletes or extends that date.

begin delete
4

SEC. 7.  

Part 7 (commencing with Section 10800) is added to
5Division 10 of the Elections Code, to read:

6 

7PART 7.  Local Limitations on Contributions

8

 

9

10800.  

For purposes of this part, the following terms have the
10following meanings:

11(a) “Candidate” has the same meaning as set forth in Section
1282007 of the Government Code.

13(b) “City” has the same meaning as set forth in Section 82008
14of the Government Code.

15(c) “Contribution” has the same meaning as set forth in Section
1682015 of the Government Code.

17(d) “County” has the same meaning as set forth in Section 82017
18of the Government Code.

19(e) “Election” means a primary, general, special, runoff, or recall
20election in a county, city, special district, or school district.
21Primary, general, special, and runoff elections are each a separate
22election for purposes of this part.

23(f) “Local elective office” means a county, city, special district,
24or school district office that is filled at an election.

25(g) “Local government” means a county, city, special district,
26or school district that has a local elective office.

27(h) “Person” has the same meaning as set forth in Section 82047
28of the Government Code.

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

30(j) “Special district” has the same meaning as set forth in Section
3182048.5 of the Government Code.

32

10801.  

(a) A person shall not make to a candidate for local
33elective office, and a candidate for local elective office shall not
34accept from a person, a contribution totaling more than the amount
35set forth in subdivision (a) of Section 85301 of the Government
36Code, as that amount is adjusted by the Fair Political Practices
37Commission pursuant to Section 83124 of the Government Code.

38(b) A contribution shall not be deemed received for purposes
39of this part if it is returned to the contributor within 14 days of
40receipt.

P6    1(c) This section does not apply to a candidate’s contributions
2of his or her personal funds to his or her own campaign.

3

10802.  

(a) Except as provided in subdivision (b) of this section
4and subdivision (a) of Section 85703 of the Government Code, a
5local government may, by ordinance or resolution, impose a
6limitation on contributions to a candidate for local elective office.
7The limitation may also be imposed by means of a local initiative
8measure.

9(b) A local government shall not impose additional requirements
10on a person pursuant to subdivision (a) if the requirements prevent
11the person from complying with this part or the Political Reform
12Act of 1974 (Title 9 (commencing with Section 81000) of the
13Government Code).

14(c) A local government that establishes a contribution limitation
15pursuant to subdivision (a) may adopt enforcement standards for
16a violation of that limitation, which may include administrative,
17civil, or criminal penalties.

18(d) Sections 10801 and 10803 do not apply in a jurisdiction in
19which the local government imposes a contribution limitation
20pursuant to subdivision (a).

21

10803.  

(a) A person who intentionally or negligently violates
22Section 10801 shall be subject to a civil fine for an amount up to
23five thousand dollars ($5,000) or three times the amount that was
24contributed or accepted in excess of the contribution limitation,
25whichever is greater.

26(b) In addition to the penalty set forth in subsection (a), a person
27who knowingly or willfully violates Section 10801 is guilty of a
28misdemeanor.

29(c) (1) Except as provided in paragraph (2), the district attorney
30of the county in which the contribution made in violation of Section
3110801 is required to be reported by the candidate pursuant to
32Section 84215 of the Government Code is responsible for enforcing
33the civil and criminal penalties in this section.

34(2) If the candidate who violated Section 10801 is the district
35attorney or a candidate for the office of district attorney, the district
36attorney shall refer the matter to the Attorney General who shall
37be responsible for enforcing the civil and criminal penalties in this
38section for that matter.

P7    1(d) Whether a violation of Section 10801 is inadvertent,
2negligent, or deliberate, and the presence or absence of good faith,
3shall be considered in applying the penalties in this section.

4(e) A civil action for, or a criminal prosecution for, violation of
5Section 10801 must be commenced within four years after the date
6on which the violation occurred.

7

10804.  

This part shall become operative on January 1, 2018.

end delete
8begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 82039.8 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
9read:end insert

begin insert
10

begin insert82039.8.end insert  

“Local elective office” means a local government
11agency office that is filled at an election.

end insert
12begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 85301.5 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
13read:end insert

begin insert
14

begin insert85301.5.end insert  

(a) A person shall not make to a candidate for local
15elective office, and a candidate for local elective office shall not
16accept from a person, a contribution totaling more than the amount
17set forth in subdivision (a) of Section 85301, as that amount is
18adjusted by the Fair Political Practices Commission pursuant to
19Section 83124.

20
(b) A contribution shall not be deemed received for purposes
21of this section if it is returned to the contributor within 14 days of
22receipt.

23
(c) This section does not apply to a candidate’s contributions
24of his or her personal funds to his or her own campaign.

25
(d) This section shall become operative on January 1, 2018.

end insert
26begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 85702.5 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
27read:end insert

begin insert
28

begin insert85702.5.end insert  

(a) Except as provided in subdivision (b) of this
29section and subdivision (a) of Section 85703, a local government
30agency may, by ordinance or resolution, impose a limitation on
31contributions to a candidate for local elective office. The limitation
32may also be imposed by means of a local initiative measure.

33
(b) A local government agency shall not impose additional
34requirements on a person pursuant to subdivision (a) if the
35requirements prevent the person from complying with this act.

36
(c) A local government agency that establishes a contribution
37limitation pursuant to subdivision (a) may adopt enforcement
38standards for a violation of that limitation, which may include
39 administrative, civil, or criminal penalties.

P8    1
(d) Section 85301.5 and Chapter 11 (commencing with Section
291000) do not apply in a jurisdiction in which the local government
3imposes a contribution limitation pursuant to subdivision (a).

4
(e) This section shall become operative on January 1, 2018.

end insert
5

begin deleteSEC. 8.end delete
6
begin insertSEC. 10.end insert  

A local government limitation on contributions to a
7candidate for local elective office that is in effect on the effective
8date of this act shall be deemed to be a limitation imposed pursuant
9to Sectionbegin delete 10802end deletebegin insert 85702.5end insert of thebegin delete Electionsend deletebegin insert Governmentend insert Code.

10

begin deleteSEC. 9.end delete
11
begin insertSEC. 11.end insert  

This act shall be liberally construed to accomplish
12its purposes.

13

begin deleteSEC. 10.end delete
14
begin insertSEC. 12.end insert  

The provisions of this act are severable. If any
15provision of this act or its application is held invalid, that invalidity
16shall not affect other provisions or applications that can be given
17effect without the invalid provision or application.

18

begin deleteSEC. 11.end delete
19
begin insertSEC. 13.end insert  

No reimbursement is required by this act pursuant to
20Section 6 of Article XIII B of the California Constitution because
21the only costs that may be incurred by a local agency or school
22district will be incurred because this act creates a new crime or
23infraction, eliminates a crime or infraction, or changes the penalty
24for a crime or infraction, within the meaning of Section 17556 of
25the Government Code, or changes the definition of a crime within
26the meaning of Section 6 of Article XIII B of the California
27Constitution.

28begin insert

begin insertSEC. 14.end insert  

end insert
begin insert

The Legislature finds and declares that this bill
29furthers the purposes of the Political Reform Act of 1974 within
30the meaning of subdivision (a) of Section 81012 of the Government
31Code.

end insert


O

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