BILL ANALYSIS Ó
AB 2523
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Date of Hearing: May 4, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
2523 (Mullin) - As Amended April 19, 2016
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill establishes a campaign contribution limit for local
offices at the same level as for Senate and Assembly candidates,
unless a local jurisdiction adopts its own limits. Specifically,
this bill:
1)Prohibits a person from contributing to a candidate for local
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elective office, and prohibits a candidate for local elective
office from accepting from a person, a contribution totaling
more than the limit on contributions to candidates for state
Senate and Assembly from persons other than small contributor
committees and political party committees, as
inflation-adjusted by the Fair Political Practices Commission
(FPPC) pursuant to current law. The current limit under this
provision is $4,200 per contributor per election.
2)Provides that a violation of the contribution limits in (1) is
punishable by a civil fine of up to $5,000 or three times the
amount that was contributed or accepted in excess of the
contribution limit, whichever is greater, and provides that a
knowing and willful violation of the contribution limits is a
misdemeanor. The district attorney of the county in which the
violation occurs would be responsible for enforcing these
civil and criminal penalties.
3)Permits a local jurisdiction, by ordinance, resolution or
initiative, to impose a limitation on contributions to
candidates for local elective office which shall take
precedence over the limits otherwise imposed by (1), and
allows the local government to adopt enforcement standards for
a violation of that limit, including administrative, civil, or
criminal penalties.
FISCAL EFFECT:
Given that most local entities have not adopted their own
campaign contribution limits, this bill will, at least
initially, apply broadly to most counties, cities, special
districts and school districts. Though enforcement of the
contribution limits-a nonreimbursable cost-will be by district
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attorneys, this bill will nonetheless increase the FPPC's
workload. According to the commission, the existence of
contribution limits tends to be associated with an increase in
independent expenditures and an increase in laundering of
campaign contributions, activities governed by the Political
Reform Act. The FPPC will require three positions at an annual
General Fund cost of $350,000 to amend manuals and instructions,
respond to a large number of advice requests, and conduct
additional investigations and enforcement.
As stated above, there will be nonreimbursable costs to counties
for enforcement, offset to some extent by fine revenue.
COMMENTS:
1)Background. Proposition 34 was passed by the voters in the
November 2000 general election after being placed on the
ballot through passage of SB 1223 (Burton), Chapter 102,
Statutes of 2000. This proposition revised state laws on
political campaigns for state elective offices and ballot
propositions, including placing new campaign contribution
limits for elections to state office. These limits ranged from
$3,000 (for candidates for Assembly and Senate) to $20,000 per
election (for candidates for Governor), and are required to be
adjusted for inflation every two years. For 2015 and 2016,
these limits range from $4,200 per election for candidates for
Assembly and Senate to $28,200 for candidates for Governor.
While local governments have the authority to adopt
contribution limits for elections to local offices in their
jurisdictions, state law (and Proposition 34) does not impose
limits on contributions to candidates for local office. Any
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jurisdiction that adopts or amends a local campaign finance
ordinance is required to file a copy of that ordinance with
the FPPC, and the FPPC posts those ordinances on its website.
The FPPC's website currently includes campaign finance
ordinances from 19 counties, 141 cities, and one special
district.
2)Purpose. According to the author, "Ensuring the integrity
of our elections process should be a priority, and more
money should not equal more representation, even at the
lowest level of elected office. Local elected officials
often have the most direct influence on the governance,
and California needs a standard in place to ensure that
local candidates are not overly reliant upon a select few
wealthy donors.
"AB 2523 establishes a standard $4,200 limit on campaign
contributions to candidates running for local elected office
in jurisdictions that have not adopted their own contribution
limits. By establishing a reasonable cap to prevent excessive
contributions in jurisdictions that have no limits and
simultaneously maintaining and encouraging local
jurisdictions' ability to enact their own contribution limits
tailored to the needs of their communities, this measure
safeguards our democracy down to the local level."
Analysis Prepared by:Chuck Nicol / APPR. / (916)
319-2081
AB 2523
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