SB 1442, as amended, Lara. Political Reform Act of 1974: campaign statements.
Existing law, the Political Reform Act of 1974, provides for the comprehensive regulation of campaign financing, including requiring the reporting of campaign contributions and expenditures and imposing other reporting and recordkeeping requirements on campaign committees. The act requires elected officers, candidates, committees, and slate mailer organizations to file various reports, including semiannual reports, preelection statements, and supplemental preelection statements. The act requires the Secretary of State, in consultation with the Fair Political Practices Commission, to develop online and electronic filing processes for specified entities.
This bill would require elected state officers, candidates for elective state office,begin delete andend delete committees primarily
formed to support or oppose a candidate for elective state office orbegin delete one or moreend deletebegin insert aend insert
statewide ballotbegin delete measuresend deletebegin insert measure, and state general purpose committeesend insert to file quarterly statements each year instead of semiannual statements, as specified. The bill would recast or repeal other specified reporting requirements, including supplemental preelection statements, supplemental independent expenditure reports, and odd-numbered year reports.
This bill would require the Secretary of State, in consultation with the Fair Political Practices Commission, to develop a statewide Internet-based system for the electronic filing and public display of all records filed by or for specified entities.
The act defines “late contributions” and “late independent expenditures” for purposes of the act to include certain contributions and independent expenditures, respectively, that are made within 90 days before the date of the election.
This bill would revise the definitions to specify that those terms also include contributions and independent expenditures that are made on the date of the election.
The bill would also make conforming changes.
A violation of the act’s provisions is punishable as a misdemeanor. By expanding the scope of a crime, this 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:
Section 82036 of the Government Code is
2amended to read:
“Late contribution” means any of the following:
4(a) A contribution, including a loan, that totals in the aggregate
5one thousand dollars ($1,000) or more and is made to or received
6by a candidate, a controlled committee, or a committee formed or
7existing primarily to support or oppose a candidate or measure on
8the date of the election, or during the 90-day period preceding the
9date of the election, at which the candidate or measure is to be
10voted on. For purposes of the Board of Administration of the Public
11Employees’ Retirement System and the Teachers’ Retirement
12Board, “the date of the election” is the deadline to return ballots.
13(b) A contribution, including a loan, that totals in the aggregate
14one thousand dollars
($1,000) or more and is made to or received
15by a political party committee, as defined in Section 85205, on the
16date of a state election or within 90 days before the date of a state
17election.
Section 82036.5 of the Government Code is amended
19to read:
“Late independent expenditure” means an independent
21expenditure that totals in the aggregate one thousand dollars
22($1,000) or more and is made for or against a specific candidate
23or measure involved in an election on the date of the election or
24during the 90-day period preceding the date of the election. For
25purposes of the Board of Administration of the Public Employees’
26Retirement System and the Teachers’ Retirement Board, “the date
27of the election” is the deadline to return ballots.
Section 82048.4 of the Government Code is amended
29to read:
(a) “Slate mailer organization” means, except as
31provided in subdivision (b), a person who, directly or indirectly,
32does all of the following:
33(1) Is involved in the production of one or more slate mailers
34and exercises control over the selection of the candidates and
35measures to be supported or opposed in the slate mailers.
36(2) Receives or is promised payments totaling five hundred
37dollars ($500) or more in a calendar year for the production of one
38or more slate mailers.
P4 1(b) “Slate mailer organization” does not include any of the
2following:
3(1) A candidate or officeholder or a candidate’s or officeholder’s
4controlled committee.
5(2) An official committee of a political party.
6(3) A legislative caucus committee.
7(4) A committee primarily formed to support or oppose a
8candidate, officeholder, or ballot measure.
9(c) The production and distribution of slate mailers by a slate
10mailer organization shall not be considered making contributions
11or expenditures for purposes of subdivision (b) or (c) of Section
1282013. If a slate mailer organization makes contributions or
13expenditures other than by producing or distributing slate mailers,
14and it reports those contributions and expenditures pursuant to
15Sections 84218 and 84219, no additional campaign reports shall
16be required of the slate
mailer organization pursuant to Section
1784200, 84200.3, or 84200.5.
Section 84101 of the Government Code is amended
19to read:
(a) A committee that is a committee by virtue of
21subdivision (a) of Section 82013 shall file a statement of
22organization. The committee shall file the original of the statement
23of organization with the Secretary of State and shall also file a
24copy of the statement of organization with the local filing officer,
25if any, with whom the committee is required to file the originals
26of its campaign reports pursuant to Section 84215. The original
27and copy of the statement of organization shall be filed within 10
28days after the committee has qualified as a committee. The
29Secretary of State shall assign a number to each committee that
30files a statement of organization and shall notify the committee of
31the number. The Secretary of State shall send a copy of statements
32filed pursuant to this section to the county elections official of each
33
county that he or she deems appropriate. A county elections official
34who receives a copy of a statement of organization from the
35Secretary of State pursuant to this section shall send a copy of the
36statement to the clerk of each city in the county that he or she
37deems appropriate.
38(b) In addition to filing the statement of organization as required
39by subdivision (a), if a committee qualifies as a committee under
40subdivision (a) of Section 82013 before the date of an election in
P5 1connection with which the committee is required to file preelection
2begin delete or quarterlyend delete statements, but after the closing date of the last
3campaign statement required to be filed before the election pursuant
4to Sectionbegin delete 84200.3, 84200.8,end deletebegin insert
84200.8end insert or 84200.9, the committee
5shall file, by facsimile transmission, online transmission,
6guaranteed overnight delivery, or personal delivery within 24 hours
7of qualifying as a committee, the information required to be
8reported in the statement of organization. The information required
9by this subdivision shall be filed with the filing officer with whom
10the committee is required to file the originals of its campaign
11reports pursuant to Section 84215.
12(c) If an independent expenditure committee qualifies as a
13committee pursuant to subdivision (a) of Section 82013 during the
14time period described in Section 82036.5 and makes independent
15expenditures of one thousand dollars ($1,000) or more to support
16or oppose a candidate or candidates for office, the committee shall
17file, by facsimile transmission, online transmission, guaranteed
18overnight delivery, or personal delivery within 24 hours of
19qualifying as
a committee, the information required to be reported
20in the statement of organization. The information required by this
21section shall be filed with the filing officer with whom the
22committee is required to file the original of its campaign reports
23pursuant to Section 84215, and shall be filed at all locations
24required for the candidate or candidates supported or opposed by
25the independent expenditures. The filings required by this section
26are in addition to filings that may be required by Section 84204.
27(d) For purposes of this section, in calculating whether one
28thousand dollars ($1,000) in contributions has been received,
29payments for a filing fee or for a statement of qualifications to
30appear in a sample ballot shall not be included if these payments
31have been made from the candidate’s personal funds.
Section 84103 of the Government Code is amended
33to read:
(a) If there is a change in any of the information
35contained in a statement of organization, an amendment shall be
36filed within 10 days to reflect the change. The committee shall file
37the original of the amendment with the Secretary of State and shall
38also file a copy of the amendment with the local filing officer, if
39any, with whom the committee is required to file the originals of
40its campaign reports pursuant to Section 84215.
P6 1(b) In addition to filing an amendment to a statement of
2organization as required by subdivision (a), a committee as defined
3in subdivision (a) of Section 82013 shall, by facsimile transmission,
4online transmission, guaranteed overnight delivery, or personal
5delivery within 24 hours, notify the
filing officer with whom it is
6required to file the originals of its campaign reports pursuant to
7Section 84215 if the change requiring the amendment occurs before
8the date of the election in connection with which the committee
9is required to file a preelection statement, but after the closing date
10of the last preelection statement required to be filed for the election
11pursuant to Section 84200.8, if any of the following information
12is changed:
13(1) The name of the committee.
14(2) The name of the treasurer or other principal officers.
15(3) The name of any candidate or committee by which the
16committee is controlled or with which it acts jointly.
17The notification shall include the changed information, the date
18of the change, the name of the person providing the notification,
19and
the committee’s name and identification number.
20A committee may file a notification online only if the appropriate
21filing officer is capable of receiving the notification in that manner.
Section 84200 of the Government Code is amended
23to read:
(a) Except as otherwise provided in this section, elected
25officers, candidates, and committees pursuant to subdivision (a)
26of Section 82013 shall file semiannual statements each year no
27later than July 31 for the period ending June 30, and no later than
28January 31 for the period ending December 31.
29(1) A candidate who, during the past six months, has filed a
30declaration pursuant to Section 84206 shall not be required to file
31a semiannual statement for that six-month period.
32(2) Elected officers whose salaries are less than two hundred
33dollars ($200) a month, judges, judicial candidates, and their
34controlled committees shall not file semiannual statements
pursuant
35to this subdivision for any six-month period in which they have
36not made or received any contributions or made any expenditures.
37(3) A judge who is not listed on the ballot for reelection to, or
38recall from, any elective office during a calendar year shall not
39file semiannual statements pursuant to this subdivision for any
40six-month period in that year if both of the following apply:
P7 1(A) The judge has not received any contributions.
2(B) The only expenditures made by the judge during the calendar
3year are contributions from the judge’s personal funds to other
4candidates or committees totaling less than one thousand dollars
5($1,000).
6(b) All committees pursuant to subdivision (b) or (c) of Section
782013 shall file campaign statements each year no
later than July
831 for the period ending June 30, and no later than January 31 for
9the period ending December 31, if they have made contributions
10or independent expenditures, including payments to a slate mailer
11organization, during the six-month period before the closing date
12of the statements.
13(c) This section does not apply to an elected state officer, a
14candidate for elective state office, or a committee that is subject
15to Section 84200.3.
Section 84200.3 is added to the Government Code, to
17read:
(a) Except as provided in subdivision (b),begin delete anend delete elected
19statebegin delete officer, a candidateend deletebegin insert officers, candidatesend insert for elective state
20office,begin delete or a committee formed pursuant to subdivision (a) of Section begin insert committeesend insert primarily formed to support or oppose a
2182013 that isend delete
22candidate for elective state office orbegin delete one or moreend deletebegin insert
aend insert statewide ballot
23begin delete measuresend deletebegin insert measure, and committees formed pursuant to subdivision
24(a) of Section 82013 that are state general purpose committees
25pursuant to subdivision (b) of Section 82027.5end insert shall file quarterly
26campaign statements each year, as follows:
27(1) No later than April 7 for the period commencing January 1
28and ending March 31.
29(2) No later than July 31 for the period commencing April 1
30and ending June 30.
31(3) No later than October 7 for the period commencing July 1
32and ending September 30.
33(4) No later than January
31 for the period commencing October
341 and ending December 31.
35(b) A committee formed pursuant to subdivision (b) or (c) of
36Section 82013 that isbegin delete primarily formed to support or oppose a begin insert a state general purpose committee pursuant to
37candidate for elective state office or one or more statewide ballot
38measuresend delete
39subdivision (b) of Send insertbegin insertection 82027.5end insert shall file quarterly campaign
40statements as required by subdivision (a), unless the committee
P8 1has not made contributions or independent expenditures during
2the reporting period.
Section 84200.5 of the Government Code is amended
4to read:
In addition to the campaign statements required by
6Sections 84200 and 84200.3, elected officers, candidates, and
7committees shall file preelection statements as follows:
8(a) During an even-numbered year, all candidates for elective
9state office being voted upon in the statewide direct primary
10election or the statewide general election, their controlled
11committees, and committees primarily formed to support or oppose
12an elected state officer or a state candidate being voted upon shall
13file the applicable preelection statements specified in Section
1484200.8. All elected state officers who, during the applicable
15reporting periods covered by Section
84200.8, contribute to any
16committee required to report receipts, expenditures, or
17contributions pursuant to this title, or make an independent
18expenditure, shall file the applicable preelection statements
19specified in Section 84200.8. However, a candidate for an office
20that is not being voted upon in the November election, his or her
21controlled committee, and any committee primarily formed to
22support or oppose that candidate is not required to file statements
23in connection with the November election pursuant to Section
2484200.8 unless, during the reporting periods covered by Section
25
84200.8, the candidate, his or her controlled committee, or any
26committee primarily formed to support or oppose that candidate
27contributes to any committee required to report receipts,
28expenditures, or contributions pursuant to this title or makes
29independent expenditures.
30(b) During an even-numbered year, all candidates not specified
31in subdivision (a) who are running for offices being voted upon
32on the first Tuesday after the first Monday in June or November,
33their controlled committees, and committees primarily formed to
34support or oppose those candidates or a measure being voted upon
35on the first Tuesday after the first Monday in June or November
36of an even-numbered year shall file the preelection statements
37specified in
Section 84200.8.
38(c) All candidates for offices being voted upon on a date other
39than the first Tuesday after the first Monday in June or November
40of an even-numbered year, their controlled committees, and
P9 1committees primarily formed to support or oppose a candidate or
2a measure being voted upon on a date other than the first Tuesday
3after the first Monday in June or November of an even-numbered
4year shall file the preelection statements specified in Section
584200.8.
6(d) During an election period for the Board of Administration
7of the Public Employees’ Retirement System or the Teachers’
8Retirement Board, all candidates for these boards, their controlled
9committees, and committees primarily formed to support or oppose
10the candidates shall file the preelection
statements specified in
11Section 84200.9.
12(e) During an even-numbered year in connection with the
13statewide direct primary election, a state or county general purpose
14committee formed pursuant to subdivision (a) of Section 82013,
15other than a political party committee as defined in Section 85205,
16shall file the preelection statements specified in Section 84200.8
17if it makes contributions or independent expenditures totaling five
18hundred dollars ($500) or more during the period covered by the
19preelection statement. A state or county general purpose committee
20formed pursuant to subdivision (b) or (c) of Section 82013 is not
21required to file the statements specified in Section 84200.8.
22(f) During an election period for the Board of Administration
23of the Public
Employees’ Retirement System or the Teachers’
24Retirement Board, a state or county general purpose committee
25formed pursuant to subdivision (a) of Section 82013 shall file the
26preelection statements specified in Section 84200.9 if it makes
27contributions or independent expenditures totaling five hundred
28dollars ($500) or more during the period covered by the preelection
29statement to support or oppose a candidate, or a committee
30primarily formed to support or oppose a candidate, on the ballot
31for the Board of Administration of the Public Employees’
32Retirement System or the Teachers’ Retirement Board. A state or
33county general purpose committee formed pursuant to subdivision
34(b) or (c) of Section 82013 is not required to file the statements
35specified in Section 84200.9.
36(g) A political party committee, as defined in Section 85205,
37shall file
the applicable preelection statements specified in Section
3884200.8 in connection with a state election if the committee
39receives contributions totaling one thousand dollars ($1,000) or
40more, or if it makes contributions or independent expenditures
P10 1totaling five hundred dollars ($500) or more, during the period
2covered by the preelection statement.
3(h) City general purpose committees shall file
the applicable
4preelection statements specified in Section 84200.8 in connection
5with a city election if they make contributions or independent
6expenditures totaling five hundred dollars ($500) or more during
7the period covered by the preelection statement.
begin insertSection 84200.5 of the end insertbegin insertGovernment Codeend insertbegin insert is repealed.end insert
In addition to the campaign statements required by
10Section 84200, elected officers, candidates, and committees shall
11file preelection statements as follows:
12(a) During an even-numbered year, all candidates for elective
13state office being voted upon in the statewide direct primary
14election or the statewide general election, their controlled
15committees, and committees primarily formed to support or oppose
16an elected state officer or a state candidate being voted upon shall
17file the applicable preelection statements specified in Section
1884200.7 or 84200.8. All elected state officers who, during the
19applicable reporting periods covered by Section 84200.7 or
2084200.8, contribute to any committee required to
report receipts,
21expenditures, or contributions pursuant to this title, or make an
22independent expenditure, shall file the applicable preelection
23statements specified in Section 84200.7 or 84200.8. However, a
24candidate for an office that is not being voted upon in the
25November election, his or her controlled committee, and any
26committee primarily formed to support or oppose that candidate
27is not required to file statements in connection with the November
28election pursuant to subdivision (b) of Section 84200.7 unless,
29during the reporting periods covered by Section 84200.7, the
30candidate, his or her controlled committee, or any committee
31primarily formed to support or oppose that candidate contributes
32to any committee required to report receipts, expenditures, or
33contributions pursuant to this title or makes independent
34expenditures.
35(b) During an even-numbered year, all candidates not specified
36in subdivision (a) who are running for offices
being voted upon
37on the first Tuesday after the first Monday in June or November,
38their controlled committees, and committees primarily formed to
39support or oppose those candidates or a measure being voted upon
40on the first Tuesday after the first Monday in June or November
P11 1of an even-numbered year shall file the preelection statements
2specified in subdivision (a) of Section 84200.7 in the case of a
3June election, or subdivision (b) of Section 84200.7 in the case of
4a November election.
5(c) All candidates for offices being voted upon on a date other
6than the first Tuesday after the first Monday in June or November
7of an even-numbered year, their controlled committees, and
8committees primarily formed to support or oppose a candidate or
9a measure being voted upon on a date other than the first Tuesday
10after the first Monday in June or November of an even-numbered
11year shall file the preelection statements specified in Section
1284200.8.
13(d) During an election period for the Board of Administration
14of the Public Employees’ Retirement System or the Teachers’
15Retirement Board, all candidates for these boards, their controlled
16committees, and committees primarily formed to support or oppose
17the candidates shall file the preelection statements specified in
18Section 84200.9.
19(e) In an even-numbered year in which the statewide direct
20primary election is held on the first Tuesday after the first Monday
21in June, a state or county general purpose committee formed
22pursuant to subdivision (a) of Section 82013, other than a political
23party committee as defined in Section 85205, shall file the
24preelection statements specified in Section 84200.7 if it makes
25contributions or independent expenditures totaling five hundred
26dollars ($500) or more during the period covered by the preelection
27statement. A state or county general purpose
committee formed
28pursuant to subdivision (b) or (c) of Section 82013 is not required
29to file the statements specified in Section 84200.7.
30(f) During an even-numbered year in which the statewide direct
31primary election is held on a date other than the first Tuesday after
32the first Monday in June, a state or county general purpose
33committee formed pursuant to subdivision (a) of Section 82013,
34other than a political party committee as defined in Section 85205,
35shall file the preelection statements specified in Section 84200.8
36if it makes contributions or independent expenditures totaling five
37hundred dollars ($500) or more during the period covered by the
38preelection statement. A state or county general purpose committee
39formed pursuant to subdivision (b) or (c) of Section 82013 is not
40required to file the statements specified in Section 84200.8.
P12 1(g) During an election period for the
Board of Administration
2of the Public Employees’ Retirement System or the Teachers’
3Retirement Board, a state or county general purpose committee
4formed pursuant to subdivision (a) of Section 82013 shall file the
5preelection statements specified in Section 84200.9 if it makes
6contributions or independent expenditures totaling five hundred
7dollars ($500) or more during the period covered by the preelection
8statement to support or oppose a candidate, or a committee
9primarily formed to support or oppose a candidate, on the ballot
10for the Board of Administration of the Public Employees’
11Retirement System or the Teachers’ Retirement Board. A state or
12county general purpose committee formed pursuant to subdivision
13(b) or (c) of Section 82013 is not required to file the statements
14specified in Section 84200.9.
15(h) A political party committee as defined in Section 85205
16shall file the applicable preelection statements specified in Section
1784200.7 or
84200.8 in connection with a state election if the
18committee receives contributions totaling one thousand dollars
19($1,000) or more, or if it makes contributions or independent
20expenditures totaling five hundred dollars ($500) or more, during
21the period covered by the preelection statement.
22(i) City general purpose committees shall file statements as
23follows:
24(1) City general purpose committees in a city that has an election
25on the first Tuesday after the first Monday in June or November
26of an even-numbered year shall file the statements specified in
27subdivision (a) or (b) of Section 84200.7 for the six-month period
28in which the city election is held, if they make contributions or
29independent expenditures totaling five hundred dollars ($500) or
30more during the period covered by the preelection statement.
31(2) City
general purpose committees in a city that has an election
32on a date other than the first Tuesday after the first Monday in
33June or November of an even-numbered year shall file the
34preelection statements specified in Section 84200.8 if they make
35contributions or independent expenditures totaling five hundred
36dollars ($500) or more during the period covered by the preelection
37statement.
begin insertSection 84200.5 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
39read:end insert
(a) Elected state officers, candidates for elective
2state office, and committees filing quarterly campaign statements
3pursuant to Section 84200.3, shall additionally file one preelection
4statement and, as appropriate, a runoff preelection statement, as
5follows:
6(1) Candidates for elective state office being voted upon in a
7state election, controlled committees of those candidates, and
8committees primarily formed to support or oppose a candidate for
9elective state office or a state ballot measure being voted on in
10that election shall file the appropriate preelection statements
11specified in subdivisions (b) and (c) of Section 84200.8.
12(2) An elected state officer or candidate for
elective state office
13who, during the applicable reporting period covered by subdivision
14(b) or (c) of Section 84200.8, makes a contribution to any
15committee required to report receipts, expenditures, or
16contributions pursuant to this title, or makes an independent
17expenditure, in connection with a state election, shall file the
18applicable preelection statements specified in subdivisions (b) and
19(c) of Section 84200.8.
20(3) (A) A state general purpose committee formed pursuant to
21subdivision (a) of Section 82013, other than a political party
22committee, as defined in Section 85205, shall file the applicable
23preelection statements specified in subdivisions (b) and (c) of
24Section 84200.8 if it makes contributions or independent
25expenditures totaling five hundred dollars ($500) or more during
26the period covered by the preelection statement.
27(B) A state general
purpose committee formed pursuant to
28subdivision (b) or (c) of Section 82013 is not required to file the
29preelection statements specified in Section 84200.8.
30(4) A political party committee, as defined in Section 85205,
31shall file the applicable preelection statements specified in
32subdivisions (b) and (c) of Section 84200.8 in connection with a
33state election if the committee receives contributions totaling one
34thousand dollars ($1,000) or more, or if it makes contributions or
35independent expenditures totaling five hundred dollars ($500) or
36more, during the period covered by the preelection statement.
37(b) Local elected officers, candidates for local elective office,
38and committees filing semiannual statements pursuant to Section
3984200, shall file two preelection statements and, as appropriate,
40a runoff preelection statement, as follows:
P14 1(1) Candidates for county, multi-county district, or city elective
2office being voted upon in an election, controlled committees of
3those candidates, and committees primarily formed to support or
4oppose a candidate or measure being voted on in a county,
5multi-county district, or city election shall file the preelection
6statements specified in Section 84200.8.
7(2) (A) A county general purpose committee formed pursuant
8to subdivision (a) of Section 82013 shall file the preelection
9statements specified in Section 84200.8 if it makes contributions
10or independent expenditures totaling five hundred dollars ($500)
11or more in connection with a county election during the period
12covered by the preelection statements.
13(B) A county general purpose committee formed pursuant to
14subdivision (b) or (c) of Section
82013 is not required to file the
15preelection statements specified in Section 84200.8.
16(3) City general purpose committees shall file the preelection
17statements specified in Section 84200.8 if they make contributions
18or independent expenditures totaling five hundred dollars ($500)
19or more in connection with a city election during the period
20covered by the preelection statement.
21(c) For elections for the Board of Administration of the Public
22Employees’ Retirement System or the Teachers’ Retirement Board,
23candidates and committees shall file preelection statements, as
24follows.
25(1) During an election period for the Board of Administration
26of the Public Employees’ Retirement System or the Teacher’s
27Retirement Board, all candidates for these boards, their controlled
28committees, and committees primarily formed to support
or oppose
29the candidates shall file the preelection statements specified in
30Section 84200.9.
31(2) During an election period for the Board of Administration
32of the Public Employees’ Retirement System or the Teachers’
33Retirement Board, a state or county general purpose committee
34formed pursuant to subdivision (a) of Section 82013 shall file the
35preelection statements specified in Section 84200.9 if it makes
36contributions or independent expenditures totaling five hundred
37dollars ($500) or more during the period covered by the preelection
38statement to support or oppose a candidate, or a committee
39primarily formed to support or oppose a candidate, on the ballot
40for the Board of Administration of the Public Employees’
P15 1Retirement System or the Teachers’ Retirement Board. A state or
2county general purpose committee formed pursuant to subdivision
3(b) or (c) of Section 82013 is not required to file the statements
4specified in Section
84200.9.
Section 84200.6 of the Government Code is amended
7to read:
In addition to the campaign statements required by
9Sections 84200, 84200.3, and 84200.5, all candidates and
10committees shall file the following special statements and reports:
11(a) Late contribution reports, when required by Section 84203.
12(b) Late independent expenditure reports, when required by
13Section 84204.
Section 84200.7 of the Government Code is repealed.
Section 84200.8 of the Government Code is amended
17to read:
Preelection statements shall be filed under this section
19as follows:
20(a) For a candidate or committee described in subdivision (b)
21of Section 84200.5 or a city or county general purpose committee
22described in subdivision (e) or (h) of Section 84200.5, the statement
23shall be filed no later than 40 days before the election for the period
24ending 45 days before the election.
25(b) For a candidate or committee described in Section 84200.5,
26except a candidate or committee required to file preelection
27statements pursuant to Section 84200.9, the statement shall be filed
28no later than 12 days before
the election for the period ending 17
29days before the election. All candidates being voted upon in the
30election in connection with which the statement is filed, their
31controlled committees, and committees formed primarily to support
32or oppose a candidate or measure being voted upon in that election
33shall file this statement by guaranteed overnight delivery service
34or by personal delivery.
35(c) For runoff elections held within 60 days of the qualifying
36election, an additional preelection statement for the period ending
3717 days before the runoff election shall be filed no later than 12
38days before the election by a candidate or committee described in
39Section 84200.5, except a candidate or committee required to file
40preelection statements pursuant to Section 84200.9. All candidates
P16 1being voted upon in the election in connection with which
the
2statement is filed, their controlled committees, and committees
3formed primarily to support or oppose a candidate or measure
4being voted upon in that election shall file this statement by
5guaranteed overnight delivery service or personal delivery.
Section 84202.3 of the Government Code is repealed.
Section 84202.5 of the Government Code is repealed.
Section 84202.7 of the Government Code is repealed.
Section 84203.5 of the Government Code is repealed.
Section 84204.5 of the Government Code is repealed.
end deleteSection 84215 of the Government Code is amended
13to read:
All candidates and elected officers and their controlled
15committees, except as provided in subdivisions (d) and (e)begin insert of this
16section and subdivision (h) of Section 846end insertbegin insert05end insert, shall file one copy
17of the campaign statements required by Sections 84200 and
1884200.3 with the elections official of the county in which the
19candidate or elected official is domiciled, as defined in subdivision
20(b) of Section 349 of the Elections Code. In addition, campaign
21statements shall be filed at the following places:
22(a) Statewide elected officers, including members of the State
23Board of Equalization;
Members of the Legislature; Supreme Court
24justices, court of appeal justices, and superior court judges;
25candidates for those offices and their controlled committees;
26committees formed or existing primarily to support or oppose these
27candidates, elected officers, justices and judges, or statewide
28measures, or the qualification of state ballot measures; and all state
29general purpose committees and filers not specified in subdivisions
30(b) to (e), inclusive, shall file a campaign statement by online or
31electronic means, as specified in Section 84605, and shall file the
32original and one copy of the campaign statement in paper format
33with the Secretary of State.
34(b) Elected officers in jurisdictions other than legislative
35districts, State Board of Equalization districts, or appellate court
36districts that contain parts of two or more counties, candidates for
37these offices, their controlled committees, and committees formed
38or existing primarily to
support or oppose candidates or local
39measures to be voted upon in one of these jurisdictions shall file
P17 1the original and one copy with the elections official of the county
2with the largest number of registered voters in the jurisdiction.
3(c) County elected officers, candidates for these offices, their
4controlled committees, committees formed or existing primarily
5to support or oppose candidates or local measures to be voted upon
6in any number of jurisdictions within one county, other than those
7specified in subdivision (d), and county general purpose
8committees shall file the original and one copy with the elections
9official of the countybegin insert, subject to subdivision (j) of Section 84615
10with respect to statements filed online or electronicallyend insert.
11(d) City elected officers,
candidates for city office, their
12controlled committees, committees formed or existing primarily
13to support or oppose candidates or local measures to be voted upon
14in one city, and city general purpose committees shall file the
15original and one copy with the clerk of the city and are not required
16to file with the local elections official of the county in which they
17are domiciledbegin insert, end insertbegin insertsubject to subdivision (j) of Section 84615 with
18respect to statements filed online or electronicallyend insert.
19(e) Elected members of the Board of Administration of the
20Public Employees’ Retirement System, elected members of the
21Teachers’ Retirement Board, candidates for these offices, their
22controlled committees, and committees formed or existing
23primarily to
support or oppose these candidates or elected members
24shall file the original and one copy with the Secretary of State, and
25a copy shall be filed at the relevant board’s office in Sacramento.
26These elected officers, candidates, and committees need not file
27with the elections official of the county in which they are
28domiciled.
29(f) Notwithstanding any other provision of this section, a
30committee, candidate, or elected officer is not required to file more
31than the original and one copy, or one copy, of a campaign
32statement with any one county elections official or city clerk or
33with the Secretary of State.
34(g) If a committee is required to file campaign statements
35required by Section 84200, 84200.3, or 84200.5 in places
36designated in subdivisions (a) to (d), inclusive, it shall continue to
37file these statements in those places, in addition to any other places
38required by this title,
until the end of the calendar year.
Section 84218 of the Government Code is amended
3to read:
(a) A slate mailer organization shall file semiannual
5campaign statements no later than July 31 for the period ending
6June 30, and no later than January 31 for the period ending
7December 31.
8(b) In addition to the semiannual statements required by
9subdivision (a), a slate mailer organization which produces a slate
10mailer supporting or opposing candidates or measures being voted
11on in an electionbegin delete held on a date other than the first Tuesday after
12the first Monday in June or November of an even-numbered yearend delete
13 shall file the statements specified in Section 84200.8 if, during the
14period covered by the preelection statement, the slate mailer
15organization receives payments totaling five
hundred dollars ($500)
16or more from any person for the support of or opposition to
17candidates or ballot measures in one or more slate mailers, or
18expends five hundred dollars ($500) or more to produce one or
19more slate mailers.
20(c) A slate mailer organization shall file two copies of its
21campaign reports with the clerk of the county in which it is
22domiciled. A slate mailer organization is domiciled at the address
23listed on its statement of organization unless it is domiciled outside
24California, in which case its domicile shall be deemed to be Los
25Angeles County for purposes of this section.
26In addition, slate mailer organizations shall file campaign reports
27as follows:
28(1) A slate mailer organization which produces one or more
29slate mailers supporting or opposing candidates or measures voted
30on in a state election, or in more than one
county, shall file
31campaign reports in the same manner as state general purpose
32committees pursuant to subdivision (a) of Section 84215.
33(2) A slate mailer organization which produces one or more
34slate mailers supporting or opposing candidates or measures voted
35on in only one county, or in more than one jurisdiction within one
36county, shall file campaign reports in the same manner as county
37general purpose committees pursuant to subdivision (c) of Section
3884215.
39(3) A slate mailer organization which produces one or more
40slate mailers supporting or opposing candidates or measures voted
P19 1on in only one city shall file campaign reports in the same manner
2as city general purpose committees pursuant to subdivision (d) of
3Section 84215.
4(4) Notwithstanding the above, no slate mailer organization
5shall be required to file
more than the original and one copy, or
6two copies, of a campaign report with any one county or city clerk
7or with the Secretary of State.
Section 84252 of the Government Code is amended
10to read:
A committee primarily formed to support or oppose a
12LAFCO proposal shall file all statements required under this
13chapter except that, in lieu of the statements required by Section
1484200, the committee shall file monthly campaign statements from
15the time circulation of a petition begins until a measure is placed
16on the ballot or, if a measure is not placed on the ballot, until the
17committee is terminated pursuant to Section 84214. The committee
18shall file an original and one copy of each statement on the 15th
19day of each calendar month, covering the prior calendar month,
20with the clerk of the county in which the measure may be voted
21on. If the petition results in a measure that is placed on the ballot,
22the committee thereafter shall file campaign statements required
23by this
chapter.
Section 84620 is added to the Government Code, to
26read:
(a) The Secretary of State, in consultation with the
28Commission, shall develop a statewide Internet-based system for
29the electronic filing and public display of all records filedbegin insert with the
30Secretary of Stateend insert pursuant to this title, including, but not limited
31to, statements of organization, campaign statements, reports,
32registrations, and certifications filed by or for any of the following:
33(1) An officeholder account or legal defense fund.
34(2) A committee that is primarily formed to support or oppose
35one or more candidates for elective state office or one or more
36statewide
ballot measures, including, but not limited to, major
37donor and independent expenditure committees formed pursuant
38to subdivisions (b) and (c) of Section 82013.
39(3) A slate mailer organization.
40(4) A lobbyist, lobbying firm, or lobbyist employer.
P20 1(5) A multipurpose organization that is required to file any report
2pursuant to this title.
3(b) The system developed pursuant to subdivision (a) shall
4provide both of the following:
5(1) Search capabilities that are data-driven and user-friendly for
6members of the public.
7(2) Regular availability of all filings in a raw, machine-readable
8data format that may be downloaded by members
of the public.
Section 90002 of the Government Code is amended
10to read:
(a) Audits and investigations of lobbying firms and
12lobbyist employers shall be performed on a biennial basis and shall
13cover reports filed during a period of two years.
14(b) If a lobbying firm or lobbyist employer keeps a separate
15account for all receipts and payments for which reporting is
16required by this chapter, the requirement of an audit under
17subdivision (a) of Section 90001 shall be satisfied by an audit of
18that account and the supporting documentation required to be
19maintained by Section 86110.
20(c) An audit or investigation of a candidate, controlled
21committee, or committee
primarily supporting or opposing a
22candidate or a measure in connection with a report or statement
23required by Chapter 4 (commencing with Section 84100) of this
24title shall not begin until after the last date for filing the first report
25or statement following the general, runoff, or special election for
26the office for which the candidate ran, or following the election at
27which the measure was adopted or defeated, except that audits and
28investigations of statewide candidates, their controlled committees,
29and committees primarily supporting or opposing those statewide
30candidates who were defeated in the primary election and who are
31not required to file statements for the general election may begin
32after the last date for filing the first report or statement following
33the primary election. When the campaign statements or reports of
34a candidate, controlled committee, or a committee primarily
35supporting
or opposing a candidate are audited and investigated
36pursuant to Section 90001, the audit and investigation shall cover
37all campaign statements and reports filed for the primary and
38general or special or runoff
elections and any previous campaign
39statement or report filed pursuant to Section 84200, 84200.3, or
4084200.5 since the last election for that office, but shall exclude
P21 1any statements or reports which have previously been audited
2pursuant to Section 90001 or 90003. When the campaign statements
3or reports of a committee primarily supporting or opposing a
4measure are audited and investigated, the audit and investigation
5shall cover all campaign statements and reports from the beginning
6date of the first campaign statement filed by the committee in
7connection with the measure. For all other committees, the audit
8and investigation shall cover all campaign statements filed during
9the previous two calendar years.
No reimbursement is required by this act pursuant to
12Section 6 of Article XIII B of the California Constitution because
13the only costs that may be incurred by a local agency or school
14district will be incurred because this act creates a new crime or
15infraction, eliminates a crime or infraction, or changes the penalty
16for a crime or infraction, within the meaning of Section 17556 of
17the Government Code, or changes the definition of a crime within
18the meaning of Section 6 of Article XIII B of the California
19Constitution.
It is the intent of the Legislature to enact legislation
22that would provide for monthly filing of campaign statements,
23instead of the quarterly filing established by this act, after the
24Secretary of State implements the Internet-based system required
25by Section 20 of this act.
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.
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