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 forthbegin insert in the actend insert for limitations on contributions to a candidate for elective state office. This bill wouldbegin insert alsoend insert 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. 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.
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 2⁄3 vote of each house and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
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.
P4 1(f) This state has a statewide interest in preventing actual
2corruption and the appearance of corruption at all levels ofbegin delete stateend delete
3 government.
4(g) This act establishes a limitation on contributions to a
5candidate for local elective office in a jurisdiction in which the
6local government has not established a limitation. However, a local
7government may establish a different limitation that is more
8precisely tailored to the needs of its communities.
Section 35177 of the Education Code is amended to
10read:
(a) The governing board of a district may by resolution
12limit campaign expenditures or contributions in elections to district
13offices.
14(b) This section shall remain in effect only until January 1, 2018,
15and as of that date is repealed, unless a later enacted statute, that
16is enacted before January 1, 2018, deletes or extends that date.
Section 72029 of the Education Code is amended to
18read:
(a) The governing board of a community college district
20may by resolution limit campaign expenditures or contributions
21in elections to district offices.
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.
Section 10003 of the Elections Code is amended to
26read:
(a) A county may by ordinance or resolution limit
28campaign contributions in county elections.
29(b) This section shall remain in effect only until January 1, 2018,
30and as of that date is repealed, unless a later enacted statute, that
31is enacted before January 1, 2018, deletes or extends that date.
Section 10202 of the Elections Code is amended to
33read:
(a) A city may, by ordinance or resolution, limit
35campaign contributions in municipal elections.
36(b) This section shall remain in effect only until January 1, 2018,
37and as of that date is repealed, unless a later enacted statute, that
38is enacted before January 1, 2018, deletes or extends that date.
Section 10544 of the Elections Code is amended to
40read:
(a) A governing body of a district may, by resolution,
2limit campaign contributions in elections to district offices.
3(b) This section shall remain in effect only until January 1, 2018,
4and as of that date is repealed, unless a later enacted statute, that
5is enacted before January 1, 2018, deletes or extends that date.
Section 85301 of the Government Code is amended
7to read:
(a) A person, other than a small contributor committee
9or political party committee, may not make to a candidate for
10elective state office other than a candidate for statewide elective
11office, and a candidate for elective state office other than a
12candidate for statewide elective office may not accept from a
13person, a contribution totaling more than three thousand dollars
14($3,000) per election.
15(b) Except to a candidate for Governor, a person, other than a
16small contributor committee or political party committee, may not
17make to a candidate for statewide elective office, and except a
18candidate for Governor, a candidate for statewide elective office
19may not accept from a person other than a small contributor
20committee or a
political party committee, a contribution totaling
21more than five thousand dollars ($5,000) per election.
22(c) A person, other than a small contributor committee or
23political party committee, may not make to a candidate for
24Governor, and a candidate for Governor may not accept from any
25person other than a small contributor committee or political party
26committee, a contribution totaling more than twenty thousand
27dollars ($20,000) per election.
28(d) (1) A person may not make to a candidate for local elective
29office, and a candidate for local elective office may not accept
30from a person, a contribution totaling more than the amount set
31forth in subdivision (a) perbegin delete election.end deletebegin insert election, as that amount
is
32adjusted by the commission pursuant to Section 83124.end insert This
33subdivision shall not apply in a jurisdiction in which the local
34government imposes a limit on contributions pursuant to Section
3585702.5.
36(2) This subdivision shall not become operative until January
371, 2018.
38(e) The provisions of this section do not apply to a candidate’s
39contributions of his or her personal funds to his or her own
40campaign.
Section 85305 of the Government Code is amended
2to read:
(a) A candidate for elective state office or committee
4controlled by that candidate may not make a contribution to any
5other candidate for elective state office in excess of the limits set
6forth in subdivision (a) of Section 85301.
7(b) This section shall remain in effect only until January 1, 2018,
8and as of that date is repealed, unless a later enacted statute, that
9is enacted before January 1, 2018, deletes or extends that date.
Section 85305 is added to the Government Code, to
11read:
(a) A candidate for elective office or committee
13controlled by that candidate may not make a contribution to any
14other candidate for elective office in excess of the limits set forth
15in subdivision (a) of Section 85301. This section shall not apply
16in a jurisdiction in which the local government imposes a limit on
17contributions pursuant to Section 85702.5.
18(b) This section shall become operative on January 1, 2018.
Section 85306 of the Government Code is amended
20to read:
(a) A candidate may transfer campaign funds from one
22controlled committee to a controlled committee for elective state
23office of the same candidate. Contributions transferred shall be
24attributed to specific contributors using a “last in, first out” or “first
25in, first out” accounting method, and these attributed contributions
26when aggregated with all other contributions from the same
27contributor may not exceed the limits set forth in Section 85301
28or 85302.
29(b) Notwithstanding subdivision (a), a candidate for elective
30state office, other than a candidate for statewide elective office,
31who possesses campaign funds on January 1, 2001, may use those
32funds to seek elective office without attributing the funds to specific
33
contributors.
34(c) Notwithstanding subdivision (a), a candidate for statewide
35elective office who possesses campaign funds on November 6,
362002, may use those funds to seek elective office without
37attributing the funds to specific contributors.
38(d) This section shall remain in effect only until January 1, 2018,
39and as of that date is repealed, unless a later enacted statute, that
40is enacted before January 1, 2018, deletes or extends that date.
Section 85306 is added to the Government Code, to
2read:
(a) A candidate may transfer campaign funds from one
4controlled committee to a controlled committee for elective office
5of the same candidate. Contributions transferred shall be attributed
6to specific contributors using a “last in, first out” or “first in, first
7out” accounting method, and these attributed contributions when
8aggregated with all other contributions from the same contributor
9may not exceed the limits set forth in Section 85301 or 85302.
10(b) Notwithstanding subdivision (a), a candidate for elective
11state office, other than a candidate for statewide elective office,
12who possesses campaign funds on January 1, 2001, may use those
13funds to seek elective office without attributing the funds to specific
14
contributors.
15(c) Notwithstanding subdivision (a), a candidate for statewide
16elective office who possesses campaign funds on November 6,
172002, may use those funds to seek elective office without
18attributing the funds to specific contributors.
19(d) This section shall not apply in a jurisdiction in which the
20local government imposes a limit on contributions pursuant to
21Section 85702.5.
22(e) This section shall become operative on January 1, 2018.
Section 85307 of the Government Code is amended
24to read:
(a) The provisions of this article regarding loans apply
26to extensions of credit, but do not apply to loans made to a
27candidate by a commercial lending institution in the lender’s
28regular course of business on terms available to members of the
29general public for which the candidate is personally liable.
30(b) Notwithstanding subdivision (a), a candidate for elective
31state office may not personally loan to his or her campaign,
32including the proceeds of a loan obtained by the candidate from a
33commercial lending institution, an amount, the outstanding balance
34of which exceeds one hundred thousand dollars ($100,000). A
35candidate may not charge interest on any loan he or she made to
36his or her campaign.
37(c) This section shall remain in effect only until January 1, 2018,
38and as of that date is repealed, unless a later enacted statute, that
39is enacted before January 1, 2018, deletes or extends that date.
Section 85307 is added to the Government Code, to
2read:
(a) The provisions of this article regarding loans apply
4to extensions of credit, but do not apply to loans made to a
5candidate by a commercial lending institution in the lender’s
6regular course of business on terms available to members of the
7general public for which the candidate is personally liable.
8(b) Notwithstanding subdivision (a), a candidate for elective
9office may not personally loan to his or her campaign, including
10the proceeds of a loan obtained by the candidate from a commercial
11lending institution, an amount, the outstanding balance of which
12exceeds one hundred thousand dollars ($100,000). A candidate
13may not charge interest on any loan he or she made to his or her
14campaign. This subdivision shall not apply to
a jurisdiction in
15which the local government imposes a limit on contributions
16pursuant to Section 85702.5.
17(c) This section shall become operative on January 1, 2018.
Section 85315 of the Government Code is amended
19to read:
(a) Notwithstanding any other provision of this chapter,
21an elected state officer may establish a committee to oppose the
22qualification of a recall measure, and the recall election. This
23committee may be established when the elected state officer
24receives a notice of intent to recall pursuant to Section 11021 of
25the Elections Code. An elected state officer may accept campaign
26contributions to oppose the qualification of a recall measure, and
27if qualification is successful, the recall election, without regard to
28the campaign contributions limits set forth in this chapter. The
29voluntary expenditure limits do not apply to expenditures made
30to oppose the qualification of a recall measure or to oppose the
31recall election.
32(b) After the failure of a recall petition or after the recall
33election, the committee formed by the elected state officer shall
34wind down its activities and dissolve. Any remaining funds shall
35be treated as surplus funds and shall be expended within 30 days
36after the failure of the recall petition or after the recall election for
37a purpose specified in subdivision (b) of Section 89519.
38(c) This section shall remain in effect only until January 1, 2018,
39and as of that date is repealed, unless a later enacted statute, that
40is enacted before January 1, 2018, deletes or extends that date.
Section 85315 is added to the Government Code, to
2read:
(a) Notwithstanding any other provision of this chapter,
4an elected officer may establish a committee to oppose the
5qualification of a recall measure, and the recall election. This
6committee may be established when the elected officer receives a
7notice of intent to recall pursuant to Section 11021 of the Elections
8Code. An elected officer may accept campaign contributions to
9oppose the qualification of a recall measure, and if qualification
10is successful, the recall election, without regard to the campaign
11contributions limits set forth in this chapter. The voluntary
12expenditure limits do not apply to expenditures made to oppose
13the qualification of a recall measure or to oppose the recall election.
14(b) After the failure of a
recall petition or after the recall
15election, the committee formed by the elected officer shall wind
16down its activities and dissolve. Any remaining funds shall be
17treated as surplus funds and shall be expended within 30 days after
18the failure of the recall petition or after the recall election for a
19purpose specified in subdivision (b) of Section 89519.
20(c) This section shall not apply in a jurisdiction in which the
21local government imposes a limit on contributions pursuant to
22Section 85702.5.
23(d) This section shall become operative on January 1, 2018.
Section 85316 of the Government Code is amended
25to read:
(a) Except as provided in subdivision (b), a contribution
27for an election may be accepted by a candidate for elective state
28office after the date of the election only to the extent that the
29contribution does not exceed net debts outstanding from the
30election, and the contribution does not otherwise exceed the
31applicable contribution limit for that election.
32(b) Notwithstanding subdivision (a), an elected state officer
33may accept contributions after the date of the election for the
34purpose of paying expenses associated with holding the office
35provided that the contributions are not expended for any
36contribution to any state or local committee. Contributions received
37pursuant to this subdivision shall be deposited into a bank
account
38established solely for the purposes specified in this subdivision.
P10 1(1) No person shall make, and no elected state officer shall
2receive from a person, a contribution pursuant to this subdivision
3totaling more than the following amounts per calendar year:
4(A) Three thousand dollars ($3,000) in the case of an elected
5state officer of the Assembly or Senate.
6(B) Five thousand dollars ($5,000) in the case of a statewide
7elected state officer other than the Governor.
8(C) Twenty thousand dollars ($20,000) in the case of the
9Governor.
10(2) No elected state officer shall receive contributions pursuant
11to paragraph (1) that, in the aggregate, total more than the following
12amounts per
calendar year:
13(A) Fifty thousand dollars ($50,000) in the case of an elected
14state officer of the Assembly or Senate.
15(B) One hundred thousand dollars ($100,000) in the case of a
16statewide elected state officer other than the Governor.
17(C) Two hundred thousand dollars ($200,000) in the case of the
18Governor.
19(3) Any contribution received pursuant to this subdivision shall
20be deemed to be a contribution to that candidate for election to
21any state office that he or she may seek during the term of office
22to which he or she is currently elected, including, but not limited
23to, reelection to the office he or she currently holds, and shall be
24subject to any applicable contribution limit provided in this title.
25If a contribution received pursuant to this
subdivision exceeds the
26allowable contribution limit for the office sought, the candidate
27shall return the amount exceeding the limit to the contributor on
28a basis to be determined by the Commission. None of the
29expenditures made by elected state officers pursuant to this
30subdivision shall be subject to the voluntary expenditure limitations
31in Section 85400.
32(4) The commission shall adjust the calendar year contribution
33limitations and aggregate contribution limitations set forth in this
34subdivision in January of every odd-numbered year to reflect any
35increase or decrease in the Consumer Price Index. Those
36adjustments shall be rounded to the nearest one hundred dollars
37($100).
38(c) This section shall remain in effect only until January 1, 2018,
39and as of that date is repealed, unless a later enacted statute, that
40is enacted before January 1, 2018, deletes or extends
that date.
Section 85316 is added to the Government Code, to
2read:
(a) Except as provided in subdivision (b), a contribution
4for an election may be accepted by a candidate for elective office
5after the date of the election only to the extent that the contribution
6does not exceed net debts outstanding from the election, and the
7contribution does not otherwise exceed the applicable contribution
8limit 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
15
established 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
P12 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).
13(c) This section shall not apply in a jurisdiction in which the
14local government imposes a limit on contributions pursuant to
15Section 85702.5.
16(d) This section shall become operative on January 1, 2018.
Section 85317 of the Government Code is amended
18to read:
(a) Notwithstanding subdivision (a) of Section 85306,
20a candidate for elective state office may carry over contributions
21raised in connection with one election for elective state office to
22pay campaign expenditures incurred in connection with a
23subsequent election for the same elective state office.
24(b) This section shall remain in effect only until January 1, 2018,
25and as of that date is repealed, unless a later enacted statute, that
26is enacted before January 1, 2018, deletes or extends that date.
Section 85317 is added to the Government Code, to
28read:
(a) Notwithstanding subdivision (a) of Section 85306,
30a candidate for elective office may carry over contributions raised
31in connection with one election for elective office to pay campaign
32expenditures incurred in connection with a subsequent election
33for the same elective office. This section shall not apply in a
34jurisdiction in which the local government imposes a limit on
35contributions pursuant to Section 85702.5.
36(b) This section shall become operative on January 1, 2018.
Section 85318 of the Government Code is amended
38to read:
(a) A candidate for elective state office may raise
40contributions for a general election prior to the primary election,
P13 1and for a special general election prior to a special primary election,
2for the same elective state office if the candidate sets aside these
3contributions and uses these contributions for the general election
4or special general election. If the candidate for elective state office
5is defeated in the primary election or special primary election, or
6otherwise withdraws from the general election or special general
7election, the general election or special general election funds shall
8be refunded to the contributors on a pro rata basis less any expenses
9associated with the raising and administration of general election
10or special general election contributions. Notwithstanding
Section
1185201, candidates for elective state office may establish separate
12campaign contribution accounts for the primary and general
13elections or special primary and special general elections.
14(b) This section shall remain in effect only until January 1, 2018,
15and as of that date is repealed, unless a later enacted statute, that
16is enacted before January 1, 2018, deletes or extends that date.
Section 85318 is added to the Government Code, to
18read:
(a) A candidate for elective office may raise
20contributions for a general election prior to the primary election,
21and for a special general election prior to a special primary election,
22for the same elective office if the candidate sets aside these
23contributions and uses these contributions for the general election
24or special general election. If the candidate for elective office is
25defeated in the primary election or special primary election, or
26otherwise withdraws from the general election or special general
27election, the general election or special general election funds shall
28be refunded to the contributors on a pro rata basis less any expenses
29associated with the raising and administration of general election
30or special general election contributions. Notwithstanding Section
3185201,
candidates for elective office may establish separate
32campaign contribution accounts for the primary and general
33elections or special primary and special general elections.
34(b) This section shall not apply in a jurisdiction in which the
35local government imposes a limit on contributions pursuant to
36Section 85702.5.
37(c) This section shall become operative on January 1, 2018.
Section 85702.5 is added to the Government Code,
39to read:
(a) A local government agency may, by ordinance
2or resolution, impose a limit on contributions to a candidate for
3local elective office that is different from the limit set forth in
4subdivision (d) of Section 85301. The limitation may also be
5imposed by means of a local initiative measure.
6(b) A local government agency that establishes a contribution
7limit pursuant to subdivision (a) may adopt enforcement standards
8for a violation of that limit, which may include administrative,
9civil, or criminal penalties.
10(c) The commission shall not be responsible for the
11administration or enforcement of a contribution limit adopted
12pursuant to subdivision (a).
13(d) This section shall become operative on January 1, 2018. A
14local government agency’s limit on contributions to a candidate
15for local elective office that is in effect on the operative date of
16this section shall be deemed to be a limit imposed pursuant to
17subdivision (a).
No reimbursement is required by this act pursuant to
19Section 6 of Article XIII B of the California Constitution because
20the only costs that may be incurred by a local agency or school
21district will be incurred because this act creates a new crime or
22infraction, eliminates a crime or infraction, or changes the penalty
23for a crime or infraction, within the meaning of Section 17556 of
24the Government Code, or changes the definition of a crime within
25the meaning of Section 6 of Article XIII B of the California
26Constitution.
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
92