BILL ANALYSIS
SENATE COMMITTEE ON ELECTIONS, REAPPORTIONMENT AND
CONSTITUTIONAL AMENDMENTS
Senator Loni Hancock, Chair
BILL NO: AB 1514 HEARING DATE:
7/7/09
AUTHOR: HAYASHI ANALYSIS BY:
Darren Chesin
AMENDED: 6/17/09
FISCAL: YES
SUBJECT
Political Reform Act of 1974: reporting
DESCRIPTION
Existing law provides for all of the following:
Requires a slate mailer organization to file semiannual
campaign statements for each period in which it has
received payments totaling $500 or more from any person
for the support of or opposition to candidates or ballot
measures in a slate mailer, or in which it has expended
$500 or more to produce one or more slate mailers.
Requires a candidate for state office to file campaign
reports online or electronically with the Secretary of
State (SOS) if the candidate receives contributions or
loans or makes expenditures or loans totaling $50,000 or
more.
Requires a committee to file campaign reports online or
electronically with the SOS if the committee receives
contributions or makes expenditures totaling $50,000 or
more to support or oppose candidates for any elective
state office or state measure.
Defines "election cycle" as the period of time commencing
90 days prior to an election and ending on the date of
the election.
Requires a candidate for elective state office who is
required to file campaign reports online or
electronically with the SOS to file an online or
electronic report disclosing any contribution of $1,000
or more received during an election cycle within 24 hours
of receiving such a contribution.
Requires such a candidate to file an online or electronic
report disclosing any contribution of $5,000 or more
received at any time other than during an election cycle
within 10 business days of receiving such a contribution.
Requires a committee that is primarily formed to support
or oppose one or more state ballot measures and that is
required to file campaign reports online or
electronically with the SOS to file an online or
electronic report disclosing any contribution of $1,000
or more received during an election cycle within 24 hours
of receiving such a contribution.
Requires such a committee to file an online or electronic
report disclosing any contribution of $5,000 or more
received at any time other than during an election cycle
within 10 business days of receiving such a contribution.
This bill requires state campaign committees that are
required to file campaign reports online or electronically
to disclose receiving a contribution of $1,000 or more
within 24 hours during the last 90 days before an election
if the committee has made a contribution or independent
expenditure in connection with that election. It also
requires these committees to report, within 10 business
days of receipt, contributions of $5,000 or more at any
other time and increases reporting requirements for slate
mailer organizations. Specifically, this bill requires:
Slate mailer organizations to file semi-annual campaign
statements regardless of the amount of payments received
or expenditures made to produce slate mailers.
All committees, instead of just candidates for elective
state office and committees primarily formed to support
or oppose one or more state ballot measures, that are
required to file campaign reports online or
electronically with the SOS, to file an online or
electronic report disclosing any contribution of $1,000
or more received during the last 90 days before an
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election within 24 hours of receiving such a
contribution. Requires such committees to file an online
or electronic report disclosing any contribution of
$5,000 or more received at any time other than the last
90 days before an election within 10 business days of
receiving such a contribution. Provides that a committee
that is not a candidate controlled committee is not
required to file such reports unless the committee makes
a contribution to, or independent expenditure in
connection with, a candidate or ballot measure during an
election cycle.
A slate mailer organization that is required to file
campaign reports online or electronically with the SOS to
file an online or electronic report disclosing any
payment of $1,000 or more received during the last 90
days before an election within 24 hours of receiving such
a payment. Requires such a slate mailer organization to
file an online or electronic report disclosing any
payment of $5,000 or more received at any time other than
the last 90 days before an election within 10 business
days of receiving such a payment.
BACKGROUND
SB 49 (Karnette), Chapter 866, Statutes of 1997, the Online
Disclosure Act of 1997, required the SOS to develop a
process whereby reports and statements required under the
PRA could be filed online and viewed by the public. SB 49
also required certain candidates, committees, slate mailer
organizations, lobbyists, lobbyist employers, and lobbying
firms to file campaign reports online.
COMMENTS
1.According to the author , existing law contains a number
of financial disclosure requirements for political
organizations. Certain exemptions were created in order
to limit the filing burden on political committees in the
era before the Secretary of State's office offered a free
online filing system. Now that a free online filing
system exists, the original rationale behind the
exemptions has largely vanished.
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California law requires slate mailer organizations to file
semiannual campaign statements only if they have (a)
received $500 or more form any person in support or
opposition of any candidate or ballot measure, or (b)
spent $500 or more to produce one or more slate mailings.
AB 1514 calls for increased financial disclosure by
requiring all recipient political committees and slate
mailers to report significant financial contributions
consistent with the existing requirements for state
candidates and state ballot measure committees."
2.According to the sponsor , the SOS, the amendments of June
17, 2009, make clear that election cycle reports
disclosing contributions and payments of $1,000 or more
will be required only if the committee is involved in an
election associated with the election cycle, except that
candidates for state elective office and their controlled
committees and committees formed primarily to support or
oppose state ballot measures will remain subject to the
election-cycle reporting requirements as they are now.
The amendments also make clear that all online/electronic
recipient committees and slate mailer organizations will
be required to file non-election cycle reports disclosing
$5,000 or more in contributions/payments received.
3.AB 696 (Longville), Chapter 917, Statutes of 2001,
required the SOS to provide, by December 31, 2002, a
means or method whereby individuals subject to online and
electronic filing disclosure requirements of the PRA may
submit required filings free of charge. However, it was
not until February 1, 2007 that the SOS announced
completion of the free online filing method for all
individuals who are required to file online or
electronically.
PRIOR ACTION
Assembly Elections and Redistricting Committee:6-0
Assembly Appropriations Committee: 15-1
Assembly Floor: 77-0
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POSITIONS
Sponsor: Secretary of State
Support: League of Women Voters of California
Oppose: None received
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