Amended in Senate August 1, 2016

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, to amend and repeal Sections 10003, 10202, and 10544 of the Elections Code, andbegin insert to amend Section 85301 of, to amend, repeal, and add Sections 85305, 85306, 85307, 85315, 85316, 85317, and 85318 of, andend insert to addbegin delete Sections 82039.8, 85301.5, andend deletebegin insert Sectionend insert 85702.5begin delete toend deletebegin insert to,end insert the Government 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. 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 school district 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 This bill would make specified provisions of the act relating to contribution limitations applicable to a candidate for a local elective office, except as specified.end insert

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

This bill would add the contribution limitation imposed by the bill to the act’s provisions, thereby making a violation of the limitation punishable as a misdemeanor and subject to specified 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. The bill would 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 agency, including administrative, civil, or criminal penalties. By expanding the scope of an existing crime with regard to a violation of a contribution limitation imposed by the bill, the 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, 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.

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

Vote: 23. 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,
20and 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.  

Section 82039.8 is added to the Government Code, to
5read:

6

82039.8.  

“Local elective office” means a local government
7agency office that is filled at an election.

8

SEC. 8.  

Section 85301.5 is added to the Government Code, to
9read:

10

85301.5.  

(a) A person shall not make to a candidate for local
11elective office, and a candidate for local elective office shall not
12accept from a person, a contribution totaling more than the amount
13set forth in subdivision (a) of Section 85301, as that amount is
14adjusted by the Fair Political Practices Commission pursuant to
15Section 83124.

16(b) A contribution shall not be deemed received for purposes
17of this section if it is returned to the contributor within 14 days of
18receipt.

19(c) This section does not apply to a candidate’s contributions
20of his or her personal funds to his or her own campaign.

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

end delete
22begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 85301 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
23read:end insert

24

85301.  

(a) A person, other than a small contributor committee
25or political party committee, may not make tobegin delete anyend deletebegin insert aend insert candidate for
26elective state office other than a candidate for statewide elective
27office, and a candidate for elective state office other than a
28candidate for statewide elective office may not accept from a
29person,begin delete anyend deletebegin insert aend insert contribution totaling more than three thousand dollars
30($3,000) per election.

31(b) Except to a candidate for Governor, a person, other than a
32small contributor committee or political party committee, may not
33make tobegin delete anyend deletebegin insert aend insert candidate for statewide elective office, and except
34a candidate for Governor, a candidate for statewide elective office
35may not accept from a person other than a small contributor
36committee or a political party committee,begin delete anyend deletebegin insert aend insert contribution
37totaling more than five thousand dollars ($5,000) per election.

38(c) A person, other than a small contributor committee or
39 political party committee, may not make tobegin delete anyend deletebegin insert aend insert candidate for
40Governor, and a candidate for governor may not accept from any
P6    1person other than a small contributor committee or political party
2committee,begin delete anyend deletebegin insert aend insert contribution totaling more than twenty thousand
3dollars ($20,000) per election.

begin insert

4
(d) (1) A person may not make to a candidate for local elective
5office, and a candidate for local elective office may not accept
6from a person, a contribution totaling more than the amount set
7forth in subdivision (a) per election. This subdivision shall not
8apply in a jurisdiction in which the local government imposes a
9limit on contributions pursuant to Section 85702.5.

end insert
begin insert

10
(2) This subdivision shall not become operative until January
111, 2018.

end insert
begin delete

12(d)

end delete

13begin insert(e)end insert The provisions of this section do not apply to a candidate’s
14contributions of his or her personal funds to his or her own
15campaign.

16begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 85305 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
17read:end insert

18

85305.  

begin insert(a)end insertbegin insertend insert A candidate for elective state office or committee
19controlled by that candidate may not makebegin delete anyend deletebegin insert aend insert contribution to
20 any other candidate for elective state office in excess of the limits
21set forth in subdivision (a) of Section 85301.

begin insert

22
(b) This section shall remain in effect only until January 1, 2018,
23and as of that date is repealed, unless a later enacted statute, that
24is enacted before January 1, 2018, deletes or extends that date.

end insert
25begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 85305 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
26read:end insert

begin insert
27

begin insert85305.end insert  

(a) A candidate for elective office or committee
28controlled by that candidate may not make a contribution to any
29other candidate for elective office in excess of the limits set forth
30in subdivision (a) of Section 85301. This section shall not apply
31in a jurisdiction in which the local government imposes a limit on
32contributions pursuant to Section 85702.5.

33
(b) This section shall become operative on January 1, 2018.

end insert
34begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 85306 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
35to read:end insert

36

85306.  

(a) A candidate may transfer campaign funds from one
37controlled committee to a controlled committee for elective state
38office of the same candidate. Contributions transferred shall be
39attributed to specific contributors using a “last in, first out” or “first
40in, first out” accounting method, and these attributed contributions
P7    1when aggregated with all other contributions from the same
2contributor may not exceed the limits set forth in Section 85301
3or 85302.

4(b) Notwithstanding subdivision (a), a candidate for elective
5state office, other than a candidate for statewide elective office,
6who possesses campaign funds on January 1, 2001, may use those
7funds to seek elective office without attributing the funds to specific
8 contributors.

9(c) Notwithstanding subdivision (a), a candidate for statewide
10elective office who possesses campaign funds on November 6,
112002, may use those funds to seek elective office without
12attributing the funds to specific contributors.

begin insert

13
(d) This section shall remain in effect only until January 1, 2018,
14and as of that date is repealed, unless a later enacted statute, that
15is enacted before January 1, 2018, deletes or extends that date.

end insert
16begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 85306 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
17read:end insert

begin insert
18

begin insert85306.end insert  

(a) A candidate may transfer campaign funds from one
19controlled committee to a controlled committee for elective office
20of the same candidate. Contributions transferred shall be attributed
21to specific contributors using a “last in, first out” or “first in, first
22out” accounting method, and these attributed contributions when
23aggregated with all other contributions from the same contributor
24may not exceed the limits set forth in Section 85301 or 85302.

25
(b) Notwithstanding subdivision (a), a candidate for elective
26state office, other than a candidate for statewide elective office,
27who possesses campaign funds on January 1, 2001, may use those
28funds to seek elective office without attributing the funds to specific
29 contributors.

30
(c) Notwithstanding subdivision (a), a candidate for statewide
31elective office who possesses campaign funds on November 6,
322002, may use those funds to seek elective office without attributing
33the funds to specific contributors.

34
(d) This section shall not apply in a jurisdiction in which the
35local government imposes a limit on contributions pursuant to
36Section 85702.5.

37
(e) This section shall become operative on January 1, 2018.

end insert
38begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 85307 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
39to read:end insert

P8    1

85307.  

(a) The provisions of this article regarding loans apply
2to extensions of credit, but do not apply to loans made to a
3candidate by a commercial lending institution in the lender’s
4regular course of business on terms available to members of the
5general public for which the candidate is personally liable.

6(b) Notwithstanding subdivision (a), a candidate for elective
7state office may not personally loan to his or her campaign,
8including the proceeds of a loan obtained by the candidate from a
9commercial lending institution, an amount, the outstanding balance
10of which exceeds one hundred thousand dollars ($100,000). A
11candidate may not charge interest on any loan he or she made to
12his or her campaign.

begin insert

13
(c) This section shall remain in effect only until January 1, 2018,
14and as of that date is repealed, unless a later enacted statute, that
15is enacted before January 1, 2018, deletes or extends that date.

end insert
16begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 85307 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
17read:end insert

begin insert
18

begin insert85307.end insert  

(a) The provisions of this article regarding loans apply
19to extensions of credit, but do not apply to loans made to a
20candidate by a commercial lending institution in the lender’s
21regular course of business on terms available to members of the
22general public for which the candidate is personally liable.

23
(b) Notwithstanding subdivision (a), a candidate for elective
24office may not personally loan to his or her campaign, including
25the proceeds of a loan obtained by the candidate from a
26commercial lending institution, an amount, the outstanding balance
27of which exceeds one hundred thousand dollars ($100,000). A
28candidate may not charge interest on any loan he or she made to
29his or her campaign. This subdivision shall not apply to a
30jurisdiction in which the local government imposes a limit on
31contributions pursuant to Section 85702.5.

32
(c) This section shall become operative on January 1, 2018.

end insert
33begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 85315 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
34to read:end insert

35

85315.  

(a) Notwithstanding any other provision of this chapter,
36an elected state officer may establish a committee to oppose the
37qualification of a recall measure, and the recall election. This
38committee may be established when the elected state officer
39receives a notice of intent to recall pursuant to Section 11021 of
40the Elections Code. An elected state officer may accept campaign
P9    1contributions to oppose the qualification of a recall measure, and
2if qualification is successful, the recall election, without regard to
3the campaign contributions limits set forth in this chapter. The
4voluntary expenditure limits do not apply to expenditures made
5to oppose the qualification of a recall measure or to oppose the
6recall election.

7(b) After the failure of a recall petition or after the recall
8election, the committee formed by the elected state officer shall
9wind down its activities and dissolve. Any remaining funds shall
10be treated as surplus funds and shall be expended within 30 days
11after the failure of the recall petition or after the recall election for
12a purpose specified in subdivision (b) of Section 89519.

begin insert

13
(c) This section shall remain in effect only until January 1, 2018,
14and as of that date is repealed, unless a later enacted statute, that
15is enacted before January 1, 2018, deletes or extends that date.

end insert
16begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 85315 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
17read:end insert

begin insert
18

begin insert85315.end insert  

(a) Notwithstanding any other provision of this chapter,
19an elected officer may establish a committee to oppose the
20qualification of a recall measure, and the recall election. This
21committee may be established when the elected officer receives a
22notice of intent to recall pursuant to Section 11021 of the Elections
23Code. An elected officer may accept campaign contributions to
24oppose the qualification of a recall measure, and if qualification
25is successful, the recall election, without regard to the campaign
26contributions limits set forth in this chapter. The voluntary
27expenditure limits do not apply to expenditures made to oppose
28the qualification of a recall measure or to oppose the recall
29election.

30
(b) After the failure of a recall petition or after the recall
31election, the committee formed by the elected officer shall wind
32down its activities and dissolve. Any remaining funds shall be
33treated as surplus funds and shall be expended within 30 days
34after the failure of the recall petition or after the recall election
35for a purpose specified in subdivision (b) of Section 89519.

36
(c) This section shall not apply in a jurisdiction in which the
37local government imposes a limit on contributions pursuant to
38Section 85702.5.

39
(d) This section shall become operative on January 1, 2018.

end insert
P10   1begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 85316 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
2to read:end insert

3

85316.  

(a) Except as provided in subdivision (b), a contribution
4for an election may be accepted by a candidate for elective state
5office after the date of the election only to the extent that the
6contribution does not exceed net debts outstanding from the
7election, and the contribution does not otherwise exceed the
8applicable contribution limit for that election.

9(b) Notwithstanding subdivision (a), an elected state officer
10may accept contributions after the date of the election for the
11purpose of paying expenses associated with holding the office
12provided that the contributions are not expended for any
13contribution to any state or local committee. Contributions received
14pursuant to this subdivision shall be deposited into a bank account
15established solely for the purposes specified in this subdivision.

16(1) No person shall make, and no elected state officer shall
17receive from a person, a contribution pursuant to this subdivision
18totaling more than the following amounts per calendar year:

19(A) Three thousand dollars ($3,000) in the case of an elected
20state officer of the Assembly or Senate.

21(B) Five thousand dollars ($5,000) in the case of a statewide
22elected state officer other than the Governor.

23(C) Twenty thousand dollars ($20,000) in the case of the
24Governor.

25(2) No elected state officer shall receive contributions pursuant
26to paragraph (1) that, in the aggregate, total more than the following
27amounts per calendar year:

28(A) Fifty thousand dollars ($50,000) in the case of an elected
29state officer of the Assembly or Senate.

30(B) One hundred thousand dollars ($100,000) in the case of a
31statewide elected state officer other than the Governor.

32(C) Two hundred thousand dollars ($200,000) in the case of the
33Governor.

34(3) Any contribution received pursuant to this subdivision shall
35be deemed to be a contribution to that candidate for election to
36any state office that he or she may seek during the term of office
37to which he or she is currently elected, including, but not limited
38to, reelection to the office he or she currently holds, and shall be
39subject to any applicable contribution limit provided in this title.
40If a contribution received pursuant to this subdivision exceeds the
P11   1allowable contribution limit for the office sought, the candidate
2shall return the amount exceeding the limit to the contributor on
3a basis to be determined by the Commission. None of the
4expenditures made by elected state officers pursuant to this
5subdivision shall be subject to the voluntary expenditure limitations
6in Section 85400.

7(4) The commission shall adjust the calendar year contribution
8limitations and aggregate contribution limitations set forth in this
9subdivision in January of every odd-numbered year to reflect any
10increase or decrease in the Consumer Price Index. Those
11adjustments shall be rounded to the nearest one hundred dollars
12($100).

begin insert

13
(c) This section shall remain in effect only until January 1, 2018,
14and as of that date is repealed, unless a later enacted statute, that
15is enacted before January 1, 2018, deletes or extends that date.

end insert
16begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 85316 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
17read:end insert

begin insert
18

begin insert85316.end insert  

(a) Except as provided in subdivision (b), a contribution
19for an election may be accepted by a candidate for elective office
20after the date of the election only to the extent that the contribution
21does not exceed net debts outstanding from the election, and the
22contribution does not otherwise exceed the applicable contribution
23limit for that election.

24
(b) Notwithstanding subdivision (a), an elected state officer may
25accept contributions after the date of the election for the purpose
26of paying expenses associated with holding the office provided
27that the contributions are not expended for any contribution to
28any state or local committee. Contributions received pursuant to
29this subdivision shall be deposited into a bank account established
30solely for the purposes specified in this subdivision.

31
(1) No person shall make, and no elected state officer shall
32receive from a person, a contribution pursuant to this subdivision
33totaling more than the following amounts per calendar year:

34
(A) Three thousand dollars ($3,000) in the case of an elected
35state officer of the Assembly or Senate.

36
(B) Five thousand dollars ($5,000) in the case of a statewide
37elected state officer other than the Governor.

38
(C) Twenty thousand dollars ($20,000) in the case of the
39Governor.

P12   1
(2) No elected state officer shall receive contributions pursuant
2to paragraph (1) that, in the aggregate, total more than the
3following amounts per calendar year:

4
(A) Fifty thousand dollars ($50,000) in the case of an elected
5state officer of the Assembly or Senate.

6
(B) One hundred thousand dollars ($100,000) in the case of a
7statewide elected state officer other than the Governor.

8
(C) Two hundred thousand dollars ($200,000) in the case of
9the Governor.

10
(3) Any contribution received pursuant to this subdivision shall
11be deemed to be a contribution to that candidate for election to
12any state office that he or she may seek during the term of office
13to which he or she is currently elected, including, but not limited
14to, reelection to the office he or she currently holds, and shall be
15subject to any applicable contribution limit provided in this title.
16If a contribution received pursuant to this subdivision exceeds the
17allowable contribution limit for the office sought, the candidate
18shall return the amount exceeding the limit to the contributor on
19a basis to be determined by the Commission. None of the
20expenditures made by elected state officers pursuant to this
21subdivision shall be subject to the voluntary expenditure limitations
22in Section 85400.

23
(4) The commission shall adjust the calendar year contribution
24limitations and aggregate contribution limitations set forth in this
25subdivision in January of every odd-numbered year to reflect any
26increase or decrease in the Consumer Price Index. Those
27adjustments shall be rounded to the nearest one hundred dollars
28($100).

29
(c) This section shall not apply in a jurisdiction in which the
30local government imposes a limit on contributions pursuant to
31Section 85702.5.

32
(d) This section shall become operative on January 1, 2018.

end insert
33begin insert

begin insertSEC. 18.end insert  

end insert

begin insertSection 85317 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
34to read:end insert

35

85317.  

begin insert(a)end insertbegin insertend insert Notwithstanding subdivision (a) of Section 85306,
36a candidate for elective state office may carry over contributions
37raised in connection with one election for elective state office to
38pay campaign expenditures incurred in connection with a
39subsequent election for the same elective state office.

begin insert

P13   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.

end insert
4begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 85317 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
5read:end insert

begin insert
6

begin insert85317.end insert  

(a) Notwithstanding subdivision (a) of Section 85306,
7a candidate for elective office may carry over contributions raised
8in connection with one election for elective office to pay campaign
9expenditures incurred in connection with a subsequent election
10for the same elective office. This section shall not apply in a
11jurisdiction in which the local government imposes a limit on
12contributions pursuant to Section 85702.5.

13
(b) This section shall become operative on January 1, 2018.

end insert
14begin insert

begin insertSEC. 20.end insert  

end insert

begin insertSection 85318 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
15to read:end insert

16

85318.  

begin insert(a)end insertbegin insertend insert A candidate for elective state office may raise
17contributions for a general election prior to the primary election,
18and for a special general election prior to a special primary election,
19for the same elective state office if the candidate sets aside these
20contributions and uses these contributions for the general election
21or special general election. If the candidate for elective state office
22is defeated in the primary election or special primary election, or
23otherwise withdraws from the general election or special general
24election, the general election or special general election funds shall
25be refunded to the contributors on a pro rata basis less any expenses
26associated with the raising and administration of general election
27or special general election contributions. Notwithstanding Section
2885201, candidates for elective state office may establish separate
29campaign contribution accounts for the primary and general
30elections or special primary and special general elections.

begin insert

31
(b) This section shall remain in effect only until January 1, 2018,
32and as of that date is repealed, unless a later enacted statute, that
33is enacted before January 1, 2018, deletes or extends that date.

end insert
34begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 85318 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
35read:end insert

begin insert
36

begin insert85318.end insert  

(a) A candidate for elective office may raise
37contributions for a general election prior to the primary election,
38and for a special general election prior to a special primary
39election, for the same elective office if the candidate sets aside
40these contributions and uses these contributions for the general
P14   1election or special general election. If the candidate for elective
2office is defeated in the primary election or special primary
3election, or otherwise withdraws from the general election or
4special general election, the general election or special general
5election funds shall be refunded to the contributors on a pro rata
6basis less any expenses associated with the raising and
7administration of general election or special general election
8contributions. Notwithstanding Section 85201, candidates for
9elective office may establish separate campaign contribution
10accounts for the primary and general elections or special primary
11and special general elections.

12
(b) This section shall not apply in a jurisdiction in which the
13local government imposes a limit on contributions pursuant to
14Section 85702.5.

15
(c) This section shall become operative on January 1, 2018.

end insert
16

begin deleteSEC. 9.end delete
17
begin insertSEC. 22.end insert  

Section 85702.5 is added to the Government Code,
18to read:

19

85702.5.  

(a) begin deleteExcept as provided in subdivision (b) of this
20section and subdivision (a) of Section 85703, a end delete
begin insertA end insertlocal government
21agency may, by ordinance or resolution, impose abegin delete limitationend deletebegin insert limitend insert
22 on contributions to a candidate for local electivebegin delete office.end deletebegin insert officeend insertbegin insert that
23is different from the limit set forth in subdivision (d) of Section
2485301.end insert
The limitation may also be imposed by means of a local
25initiative measure.

begin delete

26(b) A local government agency shall not impose additional
27requirements on a person pursuant to subdivision (a) if the
28requirements prevent the person from complying with this act.

end delete
begin delete

29(c)

end delete

30begin insert(b)end insert A local government agency that establishes a contribution
31begin delete limitationend deletebegin insert limitend insert pursuant to subdivision (a) may adopt enforcement
32standards for a violation of thatbegin delete limitation,end deletebegin insert limit,end insert which may include
33 administrative, civil, or criminal penalties.

begin delete

34(d) Section 85301.5 and Chapter 11 (commencing with Section
3591000) do not apply in a jurisdiction in which the local government
36imposes a contribution limitation pursuant to subdivision (a).

end delete
begin insert

37
(c) The commission shall not be responsible for the
38administration or enforcement of a contribution limit adopted
39pursuant to subdivision (a).

end insert
begin delete

40(e)

end delete

P15   1begin insert(d)end insert This section shall become operative on January 1, 2018.begin insert A
2local government agency’s limit on contributions to a candidate
3for local elective office that is in effect on the operative date of
4this section shall be deemed to be a limit imposed pursuant to
5subdivision (a).end insert

begin delete
6

SEC. 10.  

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 Section 85702.5 of the Government Code.

10

SEC. 11.  

This act shall be liberally construed to accomplish
11its purposes.

12

SEC. 12.  

The provisions of this act are severable. If any
13provision of this act or its application is held invalid, that invalidity
14shall not affect other provisions or applications that can be given
15effect without the invalid provision or application.

end delete
16

begin deleteSEC. 13.end delete
17
begin insertSEC. 23.end insert  

No reimbursement is required by this act pursuant to
18Section 6 of Article XIII B of the California Constitution because
19the only costs that may be incurred by a local agency or school
20district will be incurred because this act creates a new crime or
21infraction, eliminates a crime or infraction, or changes the penalty
22for a crime or infraction, within the meaning of Section 17556 of
23the Government Code, or changes the definition of a crime within
24the meaning of Section 6 of Article XIII B of the California
25Constitution.

26

begin deleteSEC. 14.end delete
27
begin insertSEC. 24.end insert  

The Legislature finds and declares that this bill
28furthers the purposes of the Political Reform Act of 1974 within
29the meaning of subdivision (a) of Section 81012 of the Government
30Code.



O

    93