![]() |
Total Contribution Dollars................................$2,312,972
Attorney Dollars..........................................$401,920
Plaintiff Attorney Dollars................................$248,033
Other Attorney Dollars....................................$153,887
Non-Attorney Dollars......................................$434,460
Money Contributed without Identification..................$246,033
Contributions (loans) from Self/Family....................$1,230,559
San Francisco County
Total Contribution Dollars............................$211,362
Attorney Dollars.........................................$71,449
Plaintiff Attorney Dollars...............................$56,175
Other Attorney Dollars...................................$15,274
Non-Attorney Dollars.....................................$53,998
Money Contributed without Identification.................$14,115
Contributions (loans) from Self/Family...................$71,800
San Diego County
Total Contribution Dollars...........................$45,675
Attorney Dollars.........................................$4,530
Plaintiff Attorney Dollars...............................$2,930
Other Attorney Dollars...................................$1,600
Non-Attorney Dollars.....................................$17,383
Money Contributed without Identification.................$12,093
Contributions (loans) from Self/Family...................$11,669
Sacramento County
No contributions for any races
Supreme Court and Appellate Courts
Total Contribution Dollars..............................$129,181
Attorney Dollars...........................................$84,225
Plaintiff Attorney Dollars.................................$45,475
Other Attorney Dollars.....................................$38,750
Non-Attorney Dollars.......................................$17,800
Money Contributed without Identification...................$475
Contributions (loans) from Self/Family.....................$26,681
Appointment/Election/ Retention Procedures
CALIFORNIA CONSTITUTION ARTICLE 6 JUDICIAL SEC. 15. A person is ineligible to be a judge of a court of record unless for 5 years immediately preceding selection to a municipal court or 10 years immediately preceding selection to other courts, the person has been a member of the State Bar or served as a judge of a court of record in this State. A judge eligible for municipal court service may be assigned by the Chief Justice to serve on any court.
CALIFORNIA CONSTITUTION ARTICLE 6 JUDICIAL SEC. 15.5. The 5-year membership or service requirement of Section 15 does not apply to justice court judges who held office on January 1, 1988. This section shall be operative only until January 1, 1995, and as of that date is repealed.
CALIFORNIA CONSTITUTION ARTICLE 6, SECTION 16 : (a) Judges of the Supreme Court shall be elected at large and judges of courts of appeal shall be elected in their districts at general elections at the same time and places as the Governor. Their terms are 12 years beginning the Monday after January 1 following their election, except that a judge elected to an unexpired term serves the remainder of the term. In creating a new court of appeal district or division the Legislature shall provide that the first elective terms are 4, 8, and 12 years. (b) Judges of other courts shall be elected in their counties or districts at general elections. The Legislature may provide that an unopposed incumbent's name not appear on the ballot. (c) Terms of judges of superior courts are 6 years beginning the Monday after January 1 following their election. A vacancy shall be filled by election to a full term at the next general election after the January 1 following the vacancy, but the Governor shall appoint a person to fill the vacancy temporarily until the elected judge's term begins. (d) Within 30 days before August 16 preceding the expiration of the judge's term, a judge of the Supreme Court or a court of appeal may file a declaration of candidacy to succeed to the office presently held by the judge. If the declaration is not filed, the Governor before September 16 shall nominate a candidate. At the next general election, only the candidate so declared or nominated may appear on the ballot, which shall present the question whether the candidate shall be elected. The candidate shall be elected upon receiving a majority of the votes on the question. A candidate not elected may not be appointed to that court but later may be nominated and elected. The Governor shall fill vacancies in those courts by appointment. An appointee holds office until the Monday after January 1 following the first general election at which the appointee had the right to become a candidate or until an elected judge qualifies. A nomination or appointment by the Governor is effective when confirmed by the Commission on Judicial Appointments. Electors of a county, by majority of those voting and in a manner the Legislature shall provide, may make this system of selection applicable to judges of superior courts.
ELECTIONS CODE SECTION 8203
:
In any county or any judicial district in which only the
incumbent has filed nomination papers for the office of superior
court judge, municipal court judge, or justice court judge, his or
her name shall not appear on the ballot unless there is filed with
the elections official, within 10 days after the final date for
filing nomination papers for the office, a petition indicating that a
write-in campaign will be conducted for the office and signed by 100
registered voters qualified to vote with respect to the office.
If
a petition indicating that a write-in campaign will be conducted for
the office at the general election, signed by 100 registered voters
qualified to vote with respect to the office, is filed with the
elections official not less than 83 days before the general election,
the name of the incumbent shall be placed on the general election
ballot if it has not appeared on the direct primary election
ballot.
If, in conformity with this section, the name of the
incumbent does not appear either on the primary ballot or general
election ballot, the elections official, on the day of the general
election, shall declare the incumbent reelected. Certificates of
election specified in Section 15401 or 15504 shall not be issued to a
person reelected pursuant to this section before the day of the
general election.
ELECTIONS CODE SECTION 9083 :
If the ballot contains a question as to the confirmation of a justice
of the Supreme Court or a court of appeal, the Secretary of State
shall include in the state ballot pamphlet a written explanation of
the electoral procedure for justices of the Supreme Court and the
courts of appeal. The explanation shall state the following: "Under
the California Constitution, justices of the Supreme Court and the
courts of appeal are subject to confirmation by the voters. The
public votes "yes" or "no" on whether to retain each justice. "These
judicial offices are nonpartisan. "Before a person can become an
appellate justice, the Governor must submit the candidate's name to
the Judicial Nominees Evaluation Commission, which is comprised of
public members and lawyers. The commission conducts a thorough review
of the candidate's background and qualifications, with community
input, and then forwards its evaluation of the candidate to the
Governor. "The Governor then reviews the commission's evaluation and
officially nominates the candidate, whose qualifications are subject
to public comment before examination and review by the Commission on
Judicial Appointments. That commission consists of the Chief Justice
of California, the Attorney General of California, and a senior
Presiding Justice of the Courts of Appeal. The Commission on Judicial
Appointments must then confirm or reject the nomination. Only if
confirmed does the nominee become a justice. "Following confirmation,
the justice is sworn into office and is subject to voter approval at
the next gubernatorial election, and thereafter at the conclusion of
each term. The term prescribed by the California Constitution for
justices of the Supreme Court and courts of appeal is 12 years.
Justices are confirmed by the Commission on Judicial Appointments
only until the next gubernatorial election, at which time they run
for retention of the remainder of the term, if any, of their
predecessor, which will be either four or eight years."
ELECTIONS CODE SECTION 8140
:
Any candidate for a nonpartisan office who at a primary
election receives votes on a majority of all the ballots cast for
candidates for that office shall be elected to that office. Where two
or more candidates are to be elected to a given office and a greater
number of candidates receive a majority than the number to be
elected, those candidates shall be elected who secure the
highest
votes of those receiving a majority, and equal in number
to the number to be elected.
Where a candidate has been elected to
a nonpartisan office at the primary election, that office shall not
appear on the ballot at the ensuing general election, notwithstanding
the death, resignation, or other disqualification of the candidate at
a time subsequent to the primary election.
ELECTIONS CODE SECTION 8141
:
If no candidate has been elected to a nonpartisan office
pursuant to Section 8140 or if the number of candidates elected at
the primary election is less than the total number to be elected to
that office, then candidates for that office at the ensuing election
shall be those candidates not elected at the primary who received the
next highest number of votes cast for nomination to that
office,
equal in number to twice the number remaining to be
elected to that office, or less, if the total number of candidates
not elected is less.
Government Code Section 84200.
(a) Except as provided in paragraphs (1), (2), and (3),elected
officers, candidates, and committees pursuant to subdivision(a) of
Section 82013 shall file semiannual statements each year no later
than July 31 for the period ending June 30, and no later than January
31 for the period ending December 31. (1) A candidate who, during the
past six months has filed a declaration pursuant to Section 84206
shall not be required to file a semiannual statement for that
six-month period. (2) Elected officers whose salaries are less than
one hundred dollars ($100) a month, judges, judicial candidates, and
their controlled committees shall not file semiannual statements
pursuant to this subdivision for any six-month period in which they
have not made or received any contributions or made any expenditures.
(3) A judge who is not listed on the ballot for reelection to, or
recall from, any elective office during a calendar year shall not
file semiannual statements pursuant to this subdivision for any
six-month period in that year if both of the following apply: (A) The
judge has not received any contributions. (B) The only expenditures
made by the judge during the calendar year are contributions from the
judge's personal funds to other candidates or committees totaling
less than one thousand dollars($1,000). (b) All committees pursuant
to subdivision (b) or (c) of Section 82013 shall file campaign
statements each year no later than July 31 for the period ending June
30, and no later than January 31 for the period ending December 31,
if they have made contributions or independent expenditures,
including payments to a slate mailer organization, during the
six-month period before the closing date of the statements.
Government Code Section 84200.5. In addition to the campaign statements required by Section 84200, elected officers, candidates, and committees shall file pre-election statements as follows: (a) During an even-numbered year, all candidates for elective state office being voted upon on the first Tuesday after the first Monday in June or November, their controlled committees, and committees primarily formed to support or oppose an elected state officer or a state candidate being voted upon on the first Tuesday after the first Monday in June or November and all elected state officers who, during the reporting periods covered by Section 84200.7, contribute to any committee required to report receipts, expenditures, or contributions pursuant to this title, or make an independent expenditure, shall file the pre-election statements specified in Section 84200.7. However, a candidate who is not being voted upon in the November election, his or her controlled committee, and any committee primarily formed to support or oppose that candidate is not required to file statements in connection with the November election pursuant to subdivision (b) of Section 84200.7, unless, during the reporting periods covered by Section 84200.7, the candidate, his or her controlled committee, or any committee primarily formed to support or oppose that candidate contributes to any committee required to report receipts, expenditures, or contributions pursuant to this title or makes independent expenditures. (b) During an even-numbered year, all candidates not specified in subdivision (a) who are being voted upon on the first Tuesday after the first Monday in June or November, their controlled committees, and committees primarily formed to support or oppose those candidates or a measure being voted upon on the first Tuesday after the first Monday in June or November of an even-numbered year shall file the pre-election statements specified in subdivision (a) of Section 84200.7 in the case of a June election, or subdivision (b) of Section 84200.7 in the case of a November election. (c)All candidates being voted upon on a date other than the first Tuesday after the first Monday in June or November of an even-numbered year, their controlled committees, and committees primarily formed to support or oppose a candidate or a measure being voted upon on a date other than the first Tuesday after the first Monday in June or November of an even-numbered year shall file the pre-election statements specified in Section 84200.8. (d) During an even-numbered year, state and county general purpose committees formed pursuant to subdivision (a) of Section 82013 shall file the statements specified in Section 84200.7 if they make contributions or independent expenditures totaling five hundred dollars ($500) or more during the period covered by the pre-election statement. State and county general purpose committees formed pursuant to subdivision (b) or (c) of Section 82013 are not required to file the statements specified in Section 84200.7. (e) City general purpose committees shall file statements as follows: (1) City general purpose committees in a city which has an election on the first Tuesday after the first Monday in June or November of an even-numbered year shall file the statements specified in subdivision (a) or (b) of Section 84200.7 for the six-month period in which the city election is held, if they make contributions or independent expenditures totaling five hundred dollars ($500) or more during the period covered by the pre election statement. (2) City general purpose committees in a city which has an election on a date other than the first Tuesday after the first Monday in June or November of an even-numbered year shall file the pre election statements specified in Section 84200.8 if they make contributions or independent expenditures totaling five hundred dollars ($500) or more during the period covered by the pre election statement.
Government Code Section 84200.6. In addition to the campaign statements required by Sections 84200 and 84200.5, all candidates and committees shall file the following special statements and reports: (a) Supplemental pre election statements when required by Section 84202.5. (b) Late contribution reports when required by Section 84203. (c) Independent expenditure reports when required by Section 84203.5. (d) Late independent expenditure reports when required by Section 84204.
Government Code Section 84200.7. (a) Pre election statements for the June election period shall be filed as follows: (1) For the period ending March 17, a statement to be filed no later than March 22. However, for a special election called after March 17, or for which the period for filing nomination documents, as defined in Section 333 of the Elections Code, ends after March 17, a pre election statement for the period ending 45 days before the election shall be filed no later than 40 days before the election. (2) For the period ending 17 days before the election, a statement to be filed no later than 12 days before the election. All candidates being voted upon in the June election, their controlled committees, and committees formed primarily to support or oppose a candidate or measure being voted upon in the June election shall file this statement by guaranteed overnight delivery service or by personal delivery. (b) Pre election statements for the November election period shall be filed as follows: (1) For the period ending September 30, a statement to be filed no later than October 5. (2) For the period ending 17 days before the election, a statement to be filed no later than 12 days before the election. All candidates being voted upon in the November election, their controlled committees, and committees formed primarily to support or oppose a candidate or measure being voted upon in the November election shall file this statement by guaranteed overnight delivery service or by personal delivery.
Government Code Section 84200.8. Pre election statements shall be filed under this section as follows: (a) For the period ending 45 days before the election, the statement shall be filed no later than 40 days before the election. (b) For the period ending 17 days before the election, the statement shall be filed no later than 12 days before the election. All candidates being voted upon in the election in connection with which the statement is filed, their controlled committees, and committees formed primarily to support or oppose a candidate or measure being voted upon in that election shall file this statement by guaranteed overnight delivery service or by personal delivery. (c) For runoff elections held within 60 days of the qualifying election, an additional pre election statement for the period ending 17 days before the runoff election shall be filed no later than 12 days before the election. All candidates being voted upon in the election in connection with which the statement is filed, their controlled committees, and committees formed primarily to support or oppose a candidate or measure being voted upon in that election shall file this statement by guaranteed overnight delivery service or personal delivery.
Government Code Section 84201. The threshold for contributions and expenditures reported in the campaign statements designated in Sections 84203.5, 84211, and 84219, except for subdivision (i) of Section 84219, and for cash contributions and anonymous contributions designated in Sections 84300 and 84304, shall be set at no more than one hundred dollars($100) notwithstanding any other provision of law or any legislative amendment to such sections.
Government Code Section 84202.3. (a) In addition to the campaign statements required by Section 84200, committees pursuant to subdivision (a) of Section 82013 that are primarily formed to support or oppose the qualification, passage, or defeat of a measure and proponents of a state ballot measure who control a committee formed or existing primarily to support the qualification, passage, or defeat of a state ballot measure, shall file campaign statements on the following dates: (1) No later than April 30 for the period January 1 through March 31. (2) No later than October 31 for the period July 1 through September 30. (b) This section shall not apply to a committee during any semiannual period in which the committee is required to file pre election statements pursuant to subdivision (a), (b), or (c) of Section 84200.5. (c) This section shall not apply to a committee following the election at which the measure is voted upon unless the committee makes contributions or expenditures to support or oppose the qualification or passage of another ballot measure.
Government Code Section 84202.5. (a) Any candidate or any committee pursuant to subdivision(a) of Section 82013 which makes contributions totaling five thousand dollars ($5,000) or more in connection with an election, including a runoff election, shall file a supplemental pre election statement no later than 12 days before the election, for the period ending 17 days before the election. This statement shall be filed with each office with which the candidate or committee filing the statement is required to file its next campaign statement pursuant to Section 84215. (b) This section shall not apply to candidates or committees during any semiannual period in which the candidate or committee is required to file pre election statements pursuant to Section 84200.5. (c) If a candidate or committee makes contributions totaling five thousand dollars ($5,000) or more in connection with an election and all of those contributions are reported pursuant to Section 84200 or 84202.7 on or before the closing date specified in subdivision (a),the candidate or committee shall not be required to file additional statements for that period pursuant to this section.
Government Code Section 84202.7. (a) Except as provided in subdivision (b), during an odd-numbered year, any committee by virtue of Section 82013 which makes contributions totaling five thousand dollars ($5,000) or more to elected state officers, their controlled committees, or committees primarily formed to support or oppose any elected state officer during a period specified below shall file campaign statements on the following dates: (1) No later than April 30 for the period of January 1 through March 31. (2) No later than October 31 for the period of July 1 through September 30. (b) If a committee makes contributions totaling five thousand dollars ($5,000) or more to elected state officers, their controlled committees, or committees primarily formed to support or oppose any elected state officer during a period specified in subdivision (a),and all of those contributions are reported pursuant to Section 84202.5 on or before the time specified in subdivision (a), the committee shall not be required to file additional statements for that period pursuant to this section.
Government Code Section 84203. (a) Each candidate or committee that makes or receives alate contribution, as defined in Section 82036, shall report the late contribution to each office with which the candidate or committee is required to file its next campaign statement pursuant to Section 84215. The candidate or committee that makes the late contribution shall report his or her full name and street address and the full name and street address of the person to whom the late contribution has been made, the office sought if the recipient is a candidate, or the ballot measure number or letter if the recipient is a committee primarily formed to support or oppose a ballot measure, and the date and amount of the late contribution. The recipient of the late contribution shall report his or her full name and street address, and the date and amount of the late contribution. The recipient shall also report the full name of the contributor, his or her street address, occupation, and the name of his or her employer, or if self-employed, the name of the business. (b) A late contribution shall be reported by facsimile transmission, telegram, guaranteed overnight mail through the United States Postal Service, or personal delivery within 24 hours of the time it is made in the case of the candidate or committee that makes the contribution and within 24 hours of the time it is received in the case of the recipient. A late contribution shall be reported on subsequent campaign statements without regard to reports filed pursuant to this section. (c) A late contribution need not be reported nor shall it be deemed accepted if it is not cashed, negotiated, or deposited and is returned to the contributor within 24 hours of its receipt. (d) A report filed pursuant to this section shall be in addition to any other campaign statement required to be filed by this chapter.
Government Code Section 84203.3. (a) Any candidate or committee that makes a late contribution that is an in-kind contribution shall notify the recipient in writing of the value of the in-kind contribution. The notice shall be received by the recipient within 24 hours of the time the contribution is made. (b) Nothing in this section shall relieve a candidate or committee that makes a late in-kind contribution or the recipient of a late in-kind contribution from the requirement to file late contribution reports pursuant to Section 84203. However, a report filed by the recipient of a late in-kind contribution shall be deemed timely filed if it is received by the filing officer within 48 hours of the time the contribution is received.
Government Code Section 84203.5. (a) In addition to any campaign statements required by this article, if a candidate or committee has made independent expenditures totaling five hundred dollars ($500) or more in a calendar year to support or oppose a candidate, a measure or qualification of a measure, it shall file independent expenditure reports at the same time, covering the same periods, and in the places where the candidate or committee would be required to file campaign statements under this article, as if it were formed or existing primarily to support or oppose the candidate or measure or qualification of the measure. No independent expenditure report need be filed to cover a period for which there has been no activity to report. (b) An independent expenditure report shall contain the following information: (1) The name, street address, and telephone number of the candidate or committee making the expenditure and of the committee's treasurer, and the number assigned to the committee by the Secretary of State. (2) If the report is related to a candidate, the full name of the candidate and the office and district for which the candidate seeks nomination or election. If the report is related to a measure or qualification of a measure, the number or letter of the measure, or if none has yet been assigned, a brief description of the subject matter of the measure, and the jurisdiction in which the measure is to be voted on or would be voted on if it qualified. (3) The total amount of expenditures related to the candidate or measure during the period covered by the report made to persons who have received less than one hundred dollars ($100). (4) The total amount of expenditures related to the candidate or measure during the period covered by the report made to persons who have received one hundred dollars ($100) or more. (5) For each person to whom an expenditure of one hundred dollars($100) or more related to the candidate or measure has been made during the period covered by the report and for each person who has provided consideration for an expenditure of one hundred dollars($100) or more during the period covered by the report: (A) His or her full name. (B) His or her street address. (C) If the person is a committee, the name of the committee, the number assigned to the committee by the Secretary of State, or if no number has been assigned, the full name and street address of the treasurer of the committee. (D) The date of the expenditure. (E) The amount of the expenditure. (F) A brief description of the consideration for which each such expenditure was made and the value of the consideration if less than the total amount of the expenditure. (G) The cumulative amount of expenditures to such person. (6) A list of all the filing officers with whom the committee filed its most recent campaign statement.
Government Code Section 84204. (a) A candidate or committee that makes a late independent expenditure, as defined in Section 82036.5, shall report the late independent expenditure by facsimile transmission, telegram, guaranteed overnight mail through the United States Postal Service or personal delivery within 24 hours of the time it is made. A late independent expenditure shall be reported on subsequent campaign statements without regard to reports filed pursuant to this section. (b) A candidate or committee that makes a late independent expenditure shall report its full name and street address, as well as the name, office, and district of the candidate if the report is related to a candidate, or if the report is related to a measure, the number or letter of the measure, the jurisdiction in which the measure is to be voted upon, and the amount and the date, as well asa description of goods or services for which the late independent expenditure was made. (c) A candidate or committee that makes a late independent expenditure shall file a late independent expenditure report in the places where it would be required to file campaign statements under this article as if it were formed or existing primarily to support or oppose the candidate or measure for or against which it is making the late independent expenditure. (d) A report filed pursuant to this section shall be in addition to any other campaign statement required to be filed by this article.
Government Code Section 84205. The commission may by regulation or written advice permit candidates and committees to file campaign statements combining statements and reports required to be filed by this title.
Government Code Section 84206. (a) The commission shall provide by regulation for a short form for filing reports required by this article for candidates or officeholders who receive contributions of less than one thousand dollars ($1,000), and who make expenditures of less than one thousand dollars ($1,000), in a calendar year. (b) For the purposes of this section, in calculating whether one thousand dollars ($1,000) in expenditures have been made, payments for a filing fee or for a statement of qualification shall not be included if these payments have been made from the candidate's personal funds. (c) Every candidate or officeholder who has filed a short form pursuant to subdivision (a), and who thereafter receives contributions or makes expenditures totaling one thousand dollars($1,000) or more in a calendar year, shall send written notification to the Secretary of State, the local filing officer, and each candidate contending for the same office within 48 hours of receiving or expending a total of one thousand dollars ($1,000). The written notification shall revoke the previously filed short form statement.
Government Code Section 84209. A candidate or state measure proponent and any committee or committees which the candidate or a state measure proponent controls may file consolidated campaign statements under this chapter. Such consolidated statements shall be filed in each place each of the committees and the candidate or state measure proponent would be required to file campaign statements if separate statements were filed.
Government Code Section 84211. Each campaign statement required by this article shall contain all of the following information: (a) The total amount of contributions received during the period covered by the campaign statement and the total cumulative amount of contributions received. (b) The total amount of expenditures made during the period covered by the campaign statement and the total cumulative amount of expenditures made. (c) The total amount of contributions received during the period covered by the campaign statement from persons who have given a cumulative amount of one hundred dollars ($100) or more. (d) The total amount of contributions received during the period covered by the campaign statement from persons who have given a cumulative amount of less than one hundred dollars ($100). (e) The balance of cash and cash equivalents on hand at the beginning and the end of the period covered by the campaign statement. (f) If the cumulative amount of contributions (including loans)received from a person is one hundred dollars ($100) or more and a contribution or loan has been received from that person during the period covered by the campaign statement, all of the following: (1) His or her full name. (2) His or her street address. (3) His or her occupation. (4) The name of his or her employer, or if self-employed, the name of the business. (5) The date and amount received for each contribution received during the period covered by the campaign statement and if the contribution is a loan, the interest rate for the loan. (6) The cumulative amount of contributions. (g) For each person, other than the filer, who is directly, indirectly, or contingently liable for repayment of a loan received during the period covered by the campaign statement, all of the following: (1) His or her full name. (2) His or her street address. (3) His or her occupation. (4) The name of his or her employer, or if self-employed, the name of the business. (5) The amount of his or her maximum liability. (h) The total amount of expenditures made during the period covered by the campaign statement to persons who have received one hundred dollars ($100) or more. (i) The total amount of expenditures made during the period covered by the campaign statement to persons who have received less than one hundred dollars ($100). (j) For each person to whom an expenditure of one hundred dollars($100) or more has been made during the period covered by the campaign statement, all of the following: (1) His or her full name. (2) His or her street address. (3) The amount of each expenditure. (4) A brief description of the consideration for which each expenditure was made. (5) In the case of an expenditure which is a contribution, the date of the contribution; the cumulative amount of contributions made to a candidate, elected officer, or committee; the full name of the candidate; and the office and district for which he or she seeks nomination or election. In the case of a contribution in support of or opposition to a measure, the number or letter of the measure and the jurisdiction in which the measure or candidate is voted upon. (6) The information required in paragraphs (1) to (4), inclusive, for each person, if different from the payee, who has provided consideration for an expenditure of one hundred dollars ($100) or more during the period covered by the campaign statement. (7) In the case of an expenditure made to pay or reimburse the travel expenses or necessary accommodations of a candidate, his or her representative, or a member of the candidate's immediate family, the date, destination, and total expenditure for each trip. For purposes of subdivisions (h), (i), and (j) only, the terms"expenditure" or "expenditures" mean any individual payment or accrued expense, unless it is clear from surrounding circumstances that a series of payments or accrued expenses are for a single service or product. (k) In the case of a controlled committee, an official committee of a political party, or an organization formed or existing primarily for political purposes, the amount and source of any miscellaneous receipt. (l) If a committee is listed pursuant to subdivision (f), (g),(j), (k), or (p), the number assigned to the committee by the Secretary of State shall be listed, or if no number has been assigned, the full name and street address of the treasurer of the committee. (m) In a campaign statement filed by a committee supporting or opposing more than one candidate or measure, the amount of expenditures of one hundred dollars ($100) or more for or against each candidate or measure during the period covered by the campaign statement and the cumulative amount of expenditures of one hundred dollars ($100) or more for or against each candidate or measure. (n) In a campaign statement filed by a candidate who is a candidate in both an election held on the first Tuesday after the first Monday in June and an election held on the first Tuesday after the first Monday in November, his or her controlled committee, or a committee primarily formed to support or oppose such a candidate, the total amount of contributions received and the total amount of expenditures made for the period January 1 through June 30 and the total amount of contributions received and expenditures made for the period July 1 through December 31. (o) The full name, residential or business address, and telephone number of the filer, or in the case of a campaign statement filed by a committee defined by subdivision (a) of Section 82013, the name, street address, and telephone number of the committee and of the committee treasurer. In the case of a committee defined by subdivision (b) or (c) of Section 82013, the name that the filer uses on campaign statements shall be the name by which the filer is identified for other legal purposes or any name by which the filer is commonly known to the public. (p) If the campaign statement is filed by a candidate, the name, street address, and treasurer of any committee of which he or she has knowledge which has received contributions or made expenditures on behalf of his or her candidacy and whether the committee is controlled by the candidate. (q) A contribution need not be reported nor shall it be deemed accepted if it is not cashed, negotiated, or deposited and is returned to the contributor before the closing date of the campaign statement on which the contribution would otherwise be reported. (r) If the campaign statement is filed in connection with the qualification of a measure, it shall contain the information required by paragraphs (1) to (4), inclusive, of subdivision (j) for each person who has directly, indirectly, or through an intermediary received payments cumulatively totaling one hundred dollars ($100) or more for circulation of petitions to qualify a measure for the ballot. (s) If a committee primarily formed for the qualification or support of, or opposition to, an initiative or ballot measure is required to report an expenditure to a business entity pursuant to subdivision (j) and 50 percent or more of the business entity is owned by a candidate or person controlling the committee, by an officer or employee of the committee, or by a spouse of any of these individuals, the committee's campaign statement shall also contain, in addition to the information required by subdivision (j), that person's name, the relationship of that person to the committee, and a description of that person's ownership interest or position with the business entity. (t) If a committee primarily formed for the qualification or support of, or opposition to, an initiative or ballot measure is required to report an expenditure to a business entity pursuant to subdivision (j), and a candidate or person controlling the committee ,an officer or employee of the committee, or a spouse of any of these individuals is an officer, partner, consultant, or employee of the business entity, the committee's campaign statement shall also contain, in addition to the information required by subdivision (j),that person's name, the relationship of that person to the committee, and a description of that person's ownership interest or position with the business entity. (u) The information required by Sections 84216 and 84216.5. (v) If the campaign statement is filed by a committee, as defined in subdivision (b) or (c) of Section 82013, information sufficient to identify the nature and interests of the filer, including: (1) If the filer is an individual, the name and address of the filer's employer, if any, or his or her principal place of business if the filer is self-employed, and a description of the business activity in which the filer or his or her employer is engaged. (2) If the filer is a business entity, a description of the business activity in which it is engaged. (3) If the filer is an industry, trade, or professional association, a description of the industry, trade, or profession which it represents, including a specific description of any portion or faction of the industry, trade, or profession which the association exclusively or primarily represents. (4) If the filer is not an individual, business entity, or industry, trade, or professional association, a statement of the person's nature and purposes, including a description of any industry, trade, profession, or other group with a common economic interest which the person principally represents or from which its membership or financial support is principally derived.
Government Code Section 84212. The forms promulgated by the commission for disclosure of the information required by this chapter shall provide for the reporting of loans and similar transactions in a manner that does not result in substantial overstatement or understatement of total contributions and expenditures.
Government Code Section 84213. A candidate and state measure proponent shall verify his or her campaign statement and the campaign statement of each committee subject to his or her control. The verification shall be in accordance with the provisions of Section 81004 except that it shall state that to the best of his or her knowledge the treasurer of each controlled committee used all reasonable diligence in the preparation of the committee's statement. This section does not relieve the treasurer of any committee from the obligation to verify each campaign statement filed by the committee pursuant to Section 81004.
Government Code Section 84214. Committees and candidates shall terminate their filing obligation pursuant to regulations adopted by the commission which insure that a committee or candidate will have no activity which must be disclosed pursuant to this chapter subsequent to the termination. Such regulations shall not require the filing of any campaign statements other than those required by this chapter. In no case shall a committee which qualifies solely under subdivision (b) or (c)of Section 82013 be required to file any notice of its termination.
Government Code Section 84215. All candidates, elected officers, committees, and proponents of state ballot measures or the qualifications of state ballot measures, except as provided in subdivision (e), shall file two copies of the campaign statements required by Section 84200 with the clerk of the county in which they are domiciled. A committee is domiciled at the address listed on its campaign statement unless it is domiciled outside California in which case its domicile shall be deemed to be Los Angeles County for the purpose of this section. In addition, campaign statements shall be filed at the following places: (a) Statewide elected officers, candidates for these offices, supreme court justices, their controlled committees, committees formed or existing primarily to support or oppose these candidates, elected officers, supreme court justices, or statewide measures, or the qualifications of state ballot measures, and all state general purpose committees and filers not specified in subdivisions (b) to(e), inclusive: (1) The original and one copy with the Secretary of State. (2) Two copies with the Registrar-Recorder of Los Angeles County. (3) Two copies with the Registrar of Voters of the City and County of San Francisco. (b) Members of the Legislature or Board of Equalization, court of appeal justices, superior court judges, candidates for those offices, their controlled committees, and committees formed or existing primarily to support or oppose these candidates or officeholders: (1) The original and one copy with the Secretary of State. (2) Two copies with the clerk of the county with the largest number of registered voters in the districts affected. (c) Elected officers in jurisdictions other than legislative districts, Board of Equalization districts or appellate court districts which contain parts of two or more counties, candidates for these offices, their controlled committees, and committees formed or existing primarily to support or oppose candidates or local measures to be voted upon in one of these jurisdictions shall file the original and one copy with the clerk of the county with the largest number of registered voters in the jurisdiction. (d) County elected officers, municipal court judges, candidates for such offices, their controlled committees, committees formed or existing primarily to support or oppose candidates or local measures to be voted upon in any number of jurisdictions within one county, other than those specified in subdivision (e), and county general purpose committees shall file the original and one copy with the clerk of the county. (e) City elected officers, candidates for city office, their controlled committees, committees formed or existing primarily to support or oppose candidates or local measures to be voted upon in one city, and city general purpose committees shall file the original and one copy with the clerk of the city. These elected officers, candidates, and committees need not file with the clerk of the county in which they are domiciled. (f) Notwithstanding the above, no committee, candidate, or elected officer shall be required to file more than the original and one copy, or two copies, of a campaign statement with any one county or city clerk or with the Secretary of State. (g) If a committee is required to file campaign statements required by Section 84200 or 84200.5 in places designated in subdivisions (d) and (e), it shall continue to file these statements in those places, in addition to any other places required by this title, until the end of the calendar year.
Government Code Section 84216. (a) Notwithstanding Section 82015, a loan received by a candidate or committee is a contribution unless the loan is received from a commercial lending institution in the ordinary course of business, or it is clear from the surrounding circumstances that it is not made for political purposes. (b) A loan, whether or not there is a written contract for the loan, shall be reported as provided in this section when any of the following apply: (1) The loan is a contribution. (2) The loan is received by a committee. (3) The loan is received by a candidate and is used for political purposes. (c) For the reporting period in which the loan is received, the due date of the loan, if any, shall be reported in addition to the information required by Section 84211. (d) For any reporting period in which any part of a loan is repaid or forgiven, the following shall be reported in addition to the information required by Section 84211: (1) The original date and source of the loan. (2) Any change in the interest rate on the loan. (3) The balance owed on the original principal at the end of the reporting period. (4) The amount of any forgiveness or repayment of any part of the loan by the lender, by any co-signor or guarantor, or by any other person during the reporting period, and the name, address, occupation, and employer of any such person. (e) For any calendar year in which any part of the loan is outstanding, the following shall be reported on no more than one campaign statement, as provided by the commission: (1) The original date, amount, and source of the loan. (2) The balance owed on the principal and interest on the loan at the end of the reporting period.
Government Code Section 84216.5. (a) A loan of campaign funds, whether or not there is a written contract for the loan, made by a candidate or committee shall be reported as provided in this section. (b) For the reporting period in which the loan is made, the date, amount, interest rate, the due date, if any, of the loan shall be reported in addition to the information required by Section 84211. (c) For any reporting period in which any part of the loan is repaid or forgiven, the following shall be reported in addition to the information required by Section 84211: (1) The original date of the loan, and the person to whom the loan was made. (2) The purpose of the payment, any change in the interest rate, and, if the payment is made by a third party, the name and address of the person making the payment. (3) The balance owed on the principal at the end of the reporting period. (4) The amount of any forgiveness of the loan during the reporting period. (d) For any calendar year in which any part of the loan is outstanding, the following shall be reported on no more than one campaign statement as provided by the commission: (1) The original date and amount of the loan, and the name of the person to whom the loan was made. (2) The balance owed on the principal and interest on the loan at the end of the reporting period.
Government Code Section 84217. When the Secretary of State receives any campaign statement filed pursuant to the federal Election Campaign Act, (2 U.S.C.A. Section 431 et seq.) the Secretary of State shall send a copy of the statement to the following officers: (a) Statements of candidates for President, Vice President or United States Senator and committees supporting such candidates--one copy with the Registrar-Recorder of Los Angeles County and one copy with the Registrar of Voters of the City and County of San Francisco; (b) Statements of candidates for United States Representative in Congress and committees supporting such candidates--one copy with the clerk of the county which contains the largest percentage of the registered voters in the election district which the candidate or any of the candidates seek nomination or election and one copy with the clerk of the county within which the candidate resides or in which the committee is domiciled, provided that if the committee is not domiciled in California the statement shall be sent to the Registrar-Recorder of Los Angeles County. No more than one copy of each statement need be filed with the clerk of any county.
Government Code Section 84218. (a) A slate mailer organization shall file semiannual campaign statements for each period in which it has received payments totaling five hundred dollars ($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 five hundred dollars ($500) or more to produce one or more slate mailers. The semiannual statements shall be filed no later than July 31 for the period ending June 30, and no later than January 31, for the period ending December 31. (b) In addition to the semiannual statements required by subdivision (a), slate mailer organizations shall file pre-election statements as follows: (1) Any slate mailer organization which produces a slate mailer supporting or opposing candidates or measures being voted on in an election held upon the first Tuesday after the first Monday in June or November of an even-numbered year shall file the statements specified in Section 84200.7 if, during the period covered by the pre-election statement, the slate mailer organization receives payments totaling five hundred dollars ($500) or more from any person for the support of or opposition to candidates or ballot measures in one or more slate mailers, or expends five hundred dollars ($500) or more to produce one or more slate mailers. (2) Any slate mailer organization which produces a slate mailer supporting or opposing candidates or measures being voted on in an election held on a date other than the first Tuesday after the first Monday in June or November of an even-numbered year shall file the statements specified in Section 84200.8 if, during the period covered by the pre-election statement, the slate mailer organization receives payments totaling five hundred dollars ($500) or more from any person for the support of or opposition to candidates or ballot measures in one or more slate mailers, or expends five hundred dollars ($500) or more to produce one or more slate mailers. (c) A slate mailer organization shall file two copies of its campaign reports with the clerk of the county in which it is domiciled. A slate mailer organization is domiciled at the address listed on its statement of organization unless it is domiciled outside California, in which case its domicile shall be deemed to be Los Angeles County for purposes of this section. In addition, slate mailer organizations shall file campaign reports as follows: (1) A slate mailer organization which produces one or more slate mailers supporting or opposing candidates or measures voted on in a state election, or in more than one county, shall file campaign reports in the same manner as state general purpose committees pursuant to subdivision (a) of Section 84215. (2) A slate mailer organization which produces one or more slate mailers supporting or opposing candidates or measures voted on in only one county, or in more than one jurisdiction within one county, shall file campaign reports in the same manner as county general purpose committees pursuant to subdivision (d) of Section 84215. (3) A slate mailer organization which produces one or more slate mailers supporting or opposing candidates or measures voted on in only one city shall file campaign reports in the same manner as city general purpose committees pursuant to subdivision (e) of Section 84215. (4) Notwithstanding the above, no slate mailer organization shall be required to file more than the original and one copy, or two copies, of a campaign report with any one county or city clerk or with the Secretary of State.
Government Code Section 84219. Whenever a slate mailer organization is required to file campaign reports pursuant to Section 84218, the campaign report shall include the following information: (a) The total amount of receipts during the period covered by the campaign statement and the total cumulative amount of receipts. For purposes of this section only, "receipts" means payments received by a slate mailer organization for production and distribution of slate mailers. (b) The total amount of disbursements made during the period covered by the campaign statement and the total cumulative amount of disbursements. For purposes of this section only, "disbursements"means payment made by a slate mailer organization for the production or distribution of slate mailers. (c) For each candidate or committee that is a source of receipts totaling one hundred dollars ($100) or more during the period covered by the campaign statement: (1) The name of the candidate or committee, identification of the jurisdiction and the office sought or ballot measure number or letter, and if the source is a committee, the committee's identification number, street address, and the name of the candidate or measure on whose behalf or in opposition to which the payment is made. (2) The date and amount received for each receipt totaling one hundred dollars ($100) or more during the period covered by the campaign statement. (3) The cumulative amount of receipts on behalf of or in opposition to the candidate or measure. (d) For each person other than a candidate or committee who is a source of receipts totaling one hundred dollars ($100) or more during the period covered by the campaign statement: (1) Identification of the jurisdiction, office or ballot measure, and name of the candidate or measure on whose behalf or in opposition to which the payment was made. (2) Full name, street address, name of employer or, if self-employed, name of business, of the source of receipts. (3) The date and amount received for each receipt totaling one hundred dollars ($100) or more during the period covered by the campaign statement. (4) The cumulative amount of receipts on behalf of or in opposition to the candidate or measure. (e) For each candidate or ballot measure not reported pursuant to subdivision (c) or (d), but who was supported or opposed in a slate mailer sent by the slate mailer organization during the period covered by the report, identification of jurisdiction, office or ballot measure, and name of the candidate or measure who was supported or opposed. (f) The total amount of disbursements made during the period covered by the campaign statement to persons who have received one hundred dollars ($100) or more. (g) The total amount of disbursements made during the period covered by the campaign statement to persons who have received less than one hundred dollars ($100). (h) For each person to whom a disbursement of one hundred dollars($100) or more has been made during the period covered by the campaign statement: (1) His or her full name. (2) His or her street address. (3) The amount of each disbursement. (4) A brief description of the consideration for which each disbursement was made. (5) The information required in paragraphs (1) to (4), inclusive, for each person, if different from the payee, who has provided consideration for a disbursement of one hundred dollars ($100) or more during the period covered by the campaign statement. (i) Cumulative disbursements, totaling one thousand dollars($1,000) or more, made directly or indirectly to any person listed in the slate mailer organization's statement of organization. For purposes of this subdivision, a disbursement is made indirectly to a person if it is intended for the benefit of or use by that person ora member of the person's immediate family, or if it is made to a business entity in which the person or member of the person's immediate family is a partner, shareholder, owner, director, trustee, officer, employee, consultant, or holds any position of management or in which the person or member of the person's immediate family has an investment of one thousand dollars ($1,000) or more. This subdivision shall not apply to any disbursement made to a business entity whose securities are publicly traded. (j) The full name, street address, and telephone number of the slate mailer organization and of the treasurer. (k) Whenever a slate mailer organization also qualifies as a general purpose committee pursuant to Section 82027.5, the campaign report shall include, in addition to the information required by this section, the information required by Section 84211.
Government Code Section 84220. If a slate mailer organization receives a payment of two thousand five hundred dollars ($2,500) or more for purposes of supporting or opposing any candidate or ballot measure in a slate mailer, and the payment is received at a time when, if the payment were a contribution it would be considered a late contribution, then the slate mailer organization shall report the payment in the manner set forth in Section 84203 for candidates and committees when reporting late contributions received. The slate mailer organization shall, in
addition to reporting the information required by Section 84203, identify the candidates or measures whose support or opposition is being paid for, in whole or in part, by each late payment.
Government Code Section 84221. Slate mailer organizations shall terminate their filing obligations in the same manner as applies to committees qualifying under subdivision (a) of Section 82013.
SEC. 1. Article 1 (commencing with Section 85100) of Chapter 5
of Title 9 of the
Government Code is repealed.
SEC. 2. Article 1 (commencing with Section 85100) is added to
Chapter 5 of Title 9 of the
Government Code, to read:
Article 1. Findings and Purposes
85100. This chapter shall be known as the California Political Reform Act of 1996.
85101. The people find and declare each of the following:
(a)
Monetary contributions to political campaigns are a legitimate form
of participation in
the American political process, but the
financial strength of individuals or organizations
should not
permit them to exercise a controlling influence on the election of
candidates.
(b) The rapidly increasing costs of political
campaigns have forced many candidates to raise
larger and larger
percentages of money from interest groups with a specific financial
stake in
matters before state and local government.
85102. The people enact this law to accomplish the following
separate but related purposes:
(a) To ensure that individuals and
interest groups in our society have a fair and
equitable
opportunity to participate in the elective and
governmental processes.
(b) To minimize the potentially corrupting
influence and appearance of corruption caused
by excessive
contributions and expenditures in campaigns by providing for
reasonable
contribution and spending limits for candidates.
(c)
To reduce the influence of large contributors with a specific
financial stake in matters
before government by severing the link
between lobbying and campaign fundraising.
(d) To lessen the
potentially corrupting pressures on candidates and officeholders
for
fundraising by establishing sensible time periods for
soliciting and accepting campaign
contributions.
(e) To limit
overall expenditures in campaigns, thereby allowing candidates
and
officeholders to spend a lesser proportion of their time on
fundraising and a greater
proportion of their time communicating
issues of importance to voters and constituents.
(f) To provide
impartial and noncoercive incentives that encourage candidates
to
voluntarily limit campaign expenditures.
(g) To meet the
citizens' right to know the sources of campaign contributions,
expenditures,
and political advertising.
(h) To enact tough
penalties that will deter persons from violating this chapter and
the
Political Reform Act of 1974.
SEC. 3. Article 2 (commencing with Section 85202) is added to
Chapter 5 of Title 9 of the
Government Code, to read:
Article 2. Applicability of the Political Reform Act of 1974
85202. Unless specifically superseded by this act, the definitions
and provisions of this title
shall govern the interpretation of
this law.
85203. "Small contributor committee" means any committee which
meets all of the
following criteria:
(a) It has a membership of
at least 100 individuals.
(b) All the contributions it receives
from any person in a calendar year total fifty dollars
($50) or
less.
(c) It has been in existence at least six months.
(d) It
is not a candidate-controlled committee.
85204. ''Two-year period" means the period commencing with January
1 of an
odd-numbered year and ending with December 31 of the next
even-numbered year.
85205. ''Political party committee" means the state central
committee or county central
committee of an organization that
meets the requirements for recognition as a political
party
pursuant to Section 5100 of the Elections Code.
85206. ''Public moneys" has the same meaning as defined in Section 426 of the Penal Code.
SEC. 4. Section 85301 of the Government Code is repealed.
85301. (a) No person shall make, and no candidate for elective
office, or campaign treasurer,
shall solicit or accept any
contribution or loan which would cause the total amount contributed
or
loaned by that person to that candidate, including
contributions or loans to all committees controlled by the candidate,
to exceed one thousand dollars ($1,000) in any fiscal year.
(b)
The provisions of this section shall not apply to a candidate's
contribution of his or her personal funds to his or her own campaign
contribution account.
SEC. 5. Section 85301 is added to the Government Code, to read:
85301. (a) Except as provided in subdivision (a) of Section 85402
and Section 85706, no
person, other than small contributor
committees and political party committees, shall make to
any
candidate or the candidate's controlled committee for local office in
districts with fewer
than 100,000 residents, and no such candidate
or the candidate's controlled committee shall
accept from any
person a contribution or contributions totaling more than one
hundred
dollars ($100) for each election in which the candidate is
attempting to be on the ballot or is a
write-in candidate.
(b)
Except as provided in subdivision (b) of Section 85402 and Section
85706, no person,
other than small contributor committees and
political party committees, shall make to any
candidate or the
candidate's controlled committee campaigning for office in districts
of
100,000 or more residents, and no such candidate or the
candidate's controlled committee
shall accept from any such person
a contribution or contributions totaling more than two
hundred
fifty dollars ($250) for each election in which the candidate is
attempting to be on
the ballot or is a write-in candidate.
(c)
Except as provided in subdivision (c) of Section 85402, no person,
other than small
contributor committees and political party
committees, shall make to any candidate or the
candidate's
controlled committee for statewide office, and no such candidate or
the
candidate's controlled committee shall accept from any such
person a contribution or
contributions totaling more than five
hundred dollars ($500) for each election in which the
candidate is
attempting to be on the ballot or is a write-in candidate.
(d) No
person shall make to any committee that contributes to any candidate
and no such
committee shall accept from each such person a
contribution or contributions totaling more
than five hundred
dollars ($500) per calendar year. This subdivision shall not apply
to
candidate-controlled committees, political party committees,
and independent expenditure
committees.
(e) The provisions of
this section shall not apply to a candidate's contribution of his or
her
personal funds to his or her own campaign committee, but shall
apply to contributions from a
spouse.
SEC. 6. Section 85302 of
the Government Code is repealed.
85302. No person shall make and no political committee, broad
based political committee, or
political party shall solicit or
accept, any contribution or loan from a person which would cause the
total amount contributed or loaned by that person to the same
political committee, broad based political committee, or political
party to exceed two thousand five hundred dollars ($2,500) in any
fiscal year to make contributions to candidates for elective
office.
SEC. 7. Section 85302 is added to the Government Code, to read:
85302. No small contributor committee shall make to any candidate
or the controlled
committee of such a candidate, and no such
candidate or the candidate's controlled
committee shall accept
from a small contributor committee, a contribution or
contributions
totaling more than two times the applicable
contribution limit for persons prescribed in
Section 85301 or
85402, whichever is applicable.
SEC. 8. Section 85303 of the Government Code is repealed.
85303. (a) No political committee shall make, and no candidate or
campaign treasurer shall solicit or accept, any contribution or loan
which would cause the total amount contributed or loaned by that
committee to that candidate for elective office or any committee
controlled by that candidate to exceed two thousand five hundred
dollars ($2,500) in any fiscal year.
(b) No broad based political
committee or political party shall make and no candidate or campaign
treasurer shall solicit or accept, any contribution or loan which
would cause the total amount contributed or loaned by that committee
or political party to that candidate or any committee controlled by
that candidate to exceed five thousand dollars ($5,000) in any fiscal
year.
(c) Nothing in this Chapter shall limit a person's ability
to provide financial or other support to one or more political
committees or broad based political committees provided the support
is used for purposes other than making contributions directly to
candidates for elective office.
SEC. 9. Section 85303 is added to the Government Code, to read:
85303. No person shall give in the aggregate to political party
committees of the same
political party, and no such party
committees combined shall accept from any person, a
contribution
or contributions totaling more than five thousand dollars ($5,000)
per calendar
year; except a candidate may distribute any surplus,
residual, or unexpended campaign funds
to a political party
committee.
SEC. 10. Section 85304 of the Government Code is repealed.
85304. No candidate for elective office or committee controlled by
that candidate or candidates
for elective office shall transfer
any contribution to any other candidate for elective office.
Transfers of funds between candidates or their controlled committees
are prohibited.
SEC. 11. Section 85304 is added to the Government Code, to read:
85304. No more than 25 percent of the recommended expenditure
limits specified in this
act at the time of adoption by the
voters, subject to cost of living adjustments as specified
in
Section 83124, shall be accepted in cumulative contributions
for any election from all political
party committees by any
candidate or the controlled committee of such a candidate.
Any
expenditures made by a political party committee in support of
a candidate shall be
considered contributions to the
candidate.
SEC. 12. Section 85305 of the Government Code is repealed.
85305. (a) This Section shall only apply to candidates
who seek elective office during a special
election or a special
runoff election.
(b) As used in this Section, the following terms
have the following meanings.
(1) ''Special election cycle" means
the day on which the office becomes vacant until the day of the
special election.
(2) ''Special runoff election cycle" means the
day after the special election until the day of the
special runoff
election.
(c) Notwithstanding Section 85301 or 85303 the following
contribution limitations shall apply
during special election
cycles and special runoff election cycles.
(1) No person shall
make, and no candidate for elective office, or campaign treasurer,
shall solicit or accept any contribution or loan which would cause
the total amount contributed or loaned by that person to that
candidate, including contributions or loans to all committees
controlled by the candidate, to exceed one thousand dollars ($1,000)
during any special election cycle or special runoff election
cycle.
(2) No political committee shall make, and no candidate or
campaign treasurer shall solicit or
accept, any contribution or
loan which would cause the total amount contributed or loaned by that
committee to that candidate for elective office or any committee
controlled by that candidate to exceed two thousand five hundred
dollars ($2,500) during any special election cycle or
special
runoff election cycle.
(3) No broad based political
committee or political party shall make and no candidate or campaign
treasurer shall solicit or accept, any contribution or loan which
would cause the total amount contributed or loaned by that committee
or political party to that candidate or any committee controlled by
that candidate to exceed five thousand dollars ($5,000) during any
special election cycle or special runoff election cycle.
SEC. 13. Section 85305 is added to the Government Code, to read:
85305. (a) In districts of fewer than 1,000,000 residents, no
candidate or the candidate's
controlled committee shall accept
contributions more than six months before any primary or
special
primary election or, in the event there is no primary or special
primary election, any
regular election or special election in
which the candidate is attempting to be on the ballot or
is a
write-in candidate.
(b) In districts of 1,000,000 residents or
more and for statewide elective office, no candidate
or the
candidate's controlled committee shall accept contributions more than
12 months
before any primary or special primary election or, in
the event there is no primary or special
primary election, any
regular election or special election in which the candidate is
attempting
to be on the ballot or is a write-in candidate.
(c)
No candidate or the controlled committee of such candidate shall
accept contributions
more than 90 days after the date of
withdrawal, defeat, or election to office. Contributions
accepted
immediately following such an election or withdrawal and up to 90
days after that
date shall be used only to pay outstanding bills
or debts owed by the candidate or controlled
committee. This
section shall not apply to retiring debts incurred with respect to
any election
held prior to the effective date of this act,
provided such funds are collected pursuant to the
contribution
limits specified in Article 3 (commencing with Section 85300) of this
act, applied
separately for each prior election for which debts
are being retired, and such funds raised
shall not count against
the contribution limitations applicable for any election following
the
effective date of this act.
(d) Notwithstanding subdivision
(c), funds may be collected at any time to pay for attorney's
fees
for litigation or administrative action which arises directly out of
a candidate's or elected
officer's alleged violation of state or
local campaign, disclosure, or election laws or for a fine
or
assessment imposed by any governmental agency for violations of this
act or this title, or
for a recount or contest of the validity of
an election, or for any expense directly associated
with an
external audit or unresolved tax liability of the campaign by the
candidate or the
candidate's controlled committee; provided such
funds are collected pursuant to the
contribution limits of this
act.
(e) Contributions pursuant to subdivisions (c) and (d) of
this provision shall be considered
contributions raised for the
election in which the debts, fines, assessments, recounts,
contests,
audits, or tax liabilities were incurred and shall be
subject to the contribution limits of that
election.
SEC. 14. Section 85306 of the Government Code is repealed.
85306. Any person who possesses campaign funds on the effective
date of this chapter may
expend these funds for any lawful purpose
other than to support or oppose a candidacy for elective office.
SEC. 15. Section 85306 is added to the Government Code, to read:
85306. No candidate and no committee controlled by a candidate or
officeholder, other
than a political party committee, shall make
any contribution to any other candidate running
for office or his
or her controlled committee. This section shall not prohibit a
candidate from
making a contribution from his or her own personal
funds to his or her own candidacy or to
the candidacy of any other
candidate for elective office.
SEC. 16. Section 85307 of the Government Code is repealed.
85307. The provisions of this article regarding loans shall apply
to extensions of credit, but shall
not apply to loans made to the
candidate by a commercial lending institution in the lender's regular
course of business on terms available to members of the general
public for which the candidate is personally liable.
SEC. 17. Section 85307 is added to the Government Code, to read:
85307. (a) A loan shall be considered a contribution from the
maker and the guarantor of
the loan and shall be subject to all
contribution limitations.
(b) Extensions of credit for a period of
more than 30 days, other than loans from financial
institutions
given in the normal course of business, are subject to all
contribution limitations.
(c) No candidate shall personally make
outstanding loans to his or her campaign or
campaign committee
that total at any one point in time more than twenty thousand
dollars
($20,000) in the case of any candidate, except for
candidates for governor, or fifty thousand
dollars ($50,000) in
the case of candidates for governor. Nothing in this chapter shall
prohibit
a candidate from making unlimited contributions to his or
her own campaign.
SEC. 18. Section 85308 is added to the Government Code, to read:
85308. (a) Contributions by a husband and wife shall not be
aggregated.
(b) Contributions by children under 18 shall be
treated as contributions attributed equally to
each parent or
guardian.
SEC. 19. Section 85309 is added to the Government Code, to read:
85309. No more than 25 percent of the recommended voluntary
expenditure limits
specified in this act at the time of adoption
by the voters, subject to cost-of-living adjustments
as specified
in Section 83124, for any election shall be accepted in contributions
from other
than individuals, small contributor committees, and
political party committees in the
aggregate by any candidate or
the controlled committee of such a candidate. The limitation
in
this section shall apply whether or not the candidate agrees to
the expenditure ceilings
specified in Section 85400.
SEC. 20. Section 85310 is added to the Government Code, to read:
85310. No person shall contribute in the aggregate more than
twenty-five thousand dollars
($25,000) to all state candidates and
the state candidates' controlled committees and political
party
committees in any two-year period. Contributions from political
parties shall be exempt
from this provision.
SEC. 21. Section 85311 is added to the Government Code, to read:
85311. All payments made by a person established, financed,
maintained, or controlled by
any business entity, labor
organization, association, political party, or any other person
or
group of such persons shall be considered to be made by a
single person.
SEC. 22. Section 85312 is added to the Government Code, to read:
85312. The costs of internal communications to members, employees,
or shareholders of an
organization, other than a political party,
for the purpose of supporting or opposing a
candidate or
candidates for elective office or a ballot measure or measures shall
not be
considered a contribution or independent expenditure under
the provisions of this act,
provided such payments are not for the
costs of campaign materials or activities used in
connection with
broadcasting, newspaper, billboard, or similar type of general
public
communication.
SEC. 23. Section 85313 is added to the Government Code, to read:
85313. (a) Each elected officer may be permitted to establish one
segregated officerholder
expense fund for expenses related to
assisting, serving, or communicating with constituents,
or with
carrying out the official duties of the elected officer, provided
aggregate contributions
to such a fund do not exceed ten thousand
dollars ($10,000) within any calendar year and
that the
expenditures are not made in connection with any campaign for
elective office or
ballot measure.
(b) No person shall make,
and no elected officer or officeholder account shall solicit
or
accept from any person, a contribution or contributions to the
officerholder account totaling
more than two hundred fifty dollars
($250) during any calendar year. Contributions to an
officeholder
account shall not be considered campaign contributions.
(c) No
elected officeholder or officeholder account shall solicit or accept
a contribution to
the officeholder account from, through, or
arranged by a registered state or local lobbyist or
a state or
local lobbyist employer if that lobbyist or lobbyist employer
finances, engages, or is
authorized to engage in lobbying the
governmental agency of the officeholder.
(d) All expenditures
from, and contributions to, an officeholder account are subject to
the
campaign disclosure and reporting requirements of this
title.
(e) Any funds in an officeholder account remaining after
leaving office shall be turned over
to the General Fund.
SEC. 24. Article 4 (commencing with Section 85400) is added to
Chapter 5 of Title 9 of the
Government Code, to read:
Article 4. Voluntary Expenditure Ceilings
85400. (a) No candidate for legislative office, Board of
Equalization, or statewide office
who voluntarily accepts
expenditure ceilings and any controlled committee of such
a
candidate shall make campaign expenditures above the following
amount:
(1) For an Assembly candidate, one hundred thousand
dollars ($100,000) in the primary or
special primary election and
two hundred thousand dollars ($200,000) in the general,
special,
or special runoff election.
(2) For a Senate candidate
and candidate for Board of Equalization, two hundred
thousand
dollars ($200,000) in the primary or special primary
election and four hundred thousand
dollars ($400,000) in the
general, special, or special runoff election.
(3) For statewide
candidates, other than governor, one million dollars ($1,000,000) in
the
primary election and two million dollars ($2,000,000) in the
general, special, or special runoff
election.
(4) For governor,
four million dollars ($4,000,000) in the primary election and eight
million
dollars ($8,000,000) in the general, special, or special
runoff election.
(b) In the event that the state adopts an open
primary system, the voluntary expenditure
ceilings for all state
candidates in the primary election shall be increased by 50
percent.
(c) Any local jurisdiction, municipality, or county may
establish voluntary expenditure
ceilings for candidates and
controlled committees of such candidates for elective office not
to
exceed one dollar ($1) per resident for each election in the
district in which the candidate is
seeking elective office.
Voluntary expenditure ceilings may be set at lower levels by the
local
governing body.
85401. (a) Each candidate for office shall file a statement of
acceptance or rejection of the
voluntary expenditure ceilings in
Section 85400 before accepting any contributions. If he or
she
agrees to accept the expenditure ceilings, the candidate shall not be
subject to the
contribution limitations in Section 85301, but
shall be subject to the contribution limitations
in Section
85402.
(b) If a candidate declines to accept the voluntary
expenditure ceilings in Section 85400, the
candidate shall be
subject to the contribution limitations in Section 85301.
(c) Any
candidate who declined to accept the voluntary expenditure ceilings
but who
nevertheless did not exceed the recommended spending
limits in the primary, special primary,
or special election, may
file a statement of acceptance of the spending limits for a general
or
special runoff election within 14 days following the primary,
special primary, or special
election and receive all the benefits
accompanying such an agreement specified in this act.
85402. (a) Notwithstanding subdivision (a) of Section 85301, if a
candidate accepts the
expenditure ceilings set by local ordinance
pursuant to subdivision (c) of Section 85400, no
person, other
than small contributor committees and political party committees,
shall make to
any such candidate or the candidate's controlled
committee for elective office in districts of
fewer than 100,000
residents and no such candidate or the candidate's controlled
committee
shall accept from any such person a contribution or
contributions totaling more than two
hundred fifty dollars ($250)
for each election in which the candidate is attempting to be
on
the ballot or is a write-in candidate.
(b) Notwithstanding
subdivision (b) of Section 85301, if a candidate accepts the
expenditure
ceilings in paragraph (1) or (2) of subdivision (a) of
Section 85400 or set by local ordinance
pursuant to subdivision
(c) of Section 85400, no person, other than small
contributor
committees and political party committees, shall make
to any such candidate or the
candidate's controlled committee for
elective office in districts of 100,000 residents or more
and no
such candidate or the candidate's controlled committee shall accept
from any such
person a contribution or contributions totaling more
than five hundred dollars ($500) for
each election in which the
candidate is attempting to be on the ballot or is a
write-in
candidate.
(c) Notwithstanding subdivision (c) of
Section 85301, if a candidate accepts the expenditure
ceilings in
paragraph (3) or (4) of subdivision (a) of Section 85400, no person,
other than
small contributor committees and political party
committees, shall make to any such
candidate or the candidate's
controlled committee for statewide office and no such candidate
or
the candidate's controlled committee shall accept from any such
person a contribution or
contributions totaling more than one
thousand dollars ($1,000) for each election in which the
candidate
is attempting to be on the ballot or is a write-in candidate.
85403. For purposes of the expenditure ceilings, qualified
campaign expenditures made at
any time up to the date of the
primary, special primary, or special election shall be
considered
expenditures for that election, and qualified campaign
expenditures made after the date of
such election shall be
considered expenditures for the general or runoff election. However,
in
the event that payments are made but the goods or services are
not used during the period
purchased, the payments shall be
considered qualified campaign expenditures for the time
period in
which the goods or services are used. Payments for goods and services
used in both
periods shall be prorated.
85404. (a) If a candidate declines to accept voluntary expenditure
ceilings and receives
contributions, has cash on hand, or makes
qualified expenditures equal to 75 percent or more
of the
recommended expenditure ceiling for that office, the voluntary
expenditure ceiling shall
be three times the limit specified in
Section 85400 for any candidate running for the same
non-statewide
office, and two times the limit specified in Section 85400 for any
candidate
running for the same statewide office. Any candidate
running for that office who originally
accepted voluntary
expenditure ceilings shall be exempt from the limits that political
party
committees may contribute to a candidate in Section 85304,
and such candidates shall be
permitted to continue receiving
contributions at the amounts set forth in Section 85402.
(b) If an
independent expenditure committee or committees in the aggregate
spend in
support or opposition to a candidate for nonstatewide
office more than 50 percent of the
applicable voluntary
expenditure ceiling, the voluntary expenditure ceiling shall be
three
times the limit specified in Section 85400 for any candidate
running for the same elective
office. Any candidate running for
that office who originally accepted voluntary expenditure
ceilings
shall be exempt from the limits that political party committees may
contribute to a
candidate in Section 85304, and such candidates
shall be permitted to continue receiving
contributions at the
amounts set forth in subdivision (a) or (b) of Section 85402.
(c)
If an independent expenditure committee or committees in the
aggregate spend in
support or opposition to a candidate for
statewide office more than 25 percent of the
applicable voluntary
expenditure ceiling, the voluntary expenditure ceiling shall be
increased
two times the limit specified in Section 85400 for any
candidate running for the same
statewide office. Any candidate
running for that office who originally accepted
voluntary
expenditure ceilings shall be exempt from the limits
that political party committees may
contribute to a candidate in
Section 85304, and such candidates shall be permitted to
continue
receiving contributions at the amounts set forth in subdivision (c)
of Section 85402.
(d) The commission shall require candidates and
independent committees to provide
sufficient notice to the
commission and to all candidates for the same office that they
are
approaching and exceeding the thresholds set forth in this
section.
SEC. 25. Article 5 (commencing with Section 85500) is added to
Chapter 5 of Title 9 of the
Government Code, to read:
Article 5. Independent Expenditures
85500. (a) Any committee that makes independent expenditures of
more than one thousand
dollars ($1,000) in support of or in
opposition to any candidate shall notify the filing officer
and
all candidates running for the same seat within 24 hours by facsimile
transmission or
overnight delivery each time this threshold is
met. The commission shall determine the
disclosure requirements
for this subdivision and shall establish guidelines permitting
persons
to file reports indicating ongoing independent
expenditures.
(b) Notwithstanding subdivision (d) of Section
85301, any committee that makes
independent expenditures of one
thousand dollars ($1,000) or more supporting or opposing
a
candidate shall not accept any contribution in excess of two
hundred fifty dollars ($250) per
election.
(c) Any contributor
that makes a contribution of one hundred dollars ($100) or more
per
election to a candidate for elective office shall be
considered to be acting in concert with that
candidate and shall
not make independent expenditures and contributions which
in
combination exceed the amounts set forth in Section 85301 in
support of that candidate or in
opposition to that candidate's
opponent or opponents.
(d) An expenditure shall not be considered
independent, and shall be treated as a
contribution from the
person making the expenditure to the candidate on whose behalf, or
for
whose benefit, the expenditure is made either:
(1) With the
cooperation of, or in consultation with, any candidate or any
authorized
committee or agent of the candidate.
(2) In concert
with, or at the request or suggestion of, any candidate or any
authorized
committee or agent of the candidate.
(3) Under any
arrangement, coordination, or direction with respect to the candidate
or the
candidate's agent and the person making the
expenditure.
(4) By a candidate or officeholder supporting another
candidate or officeholder of the same
political party running for
a seat in the same legislative body of the candidate or
officeholder.
For purposes of this section, the person making the
expenditure shall include any officer,
director, employee, or
agent of that person.
SEC. 26. Article 6 (commencing with Section 85600) is added to
Chapter 5 of Title 9 of the
Government Code, to read:
Article 6. Ballot Pamphlet and Sample Ballot
85600. The Secretary of State shall provide to all candidates for
statewide office, who
voluntarily choose to limit their campaign
expenditures in accordance with the provisions of
this act, a
campaign statement in the state ballot pamphlet of 100 words in
primary and
special elections, and 200 words in general elections,
free of charge. Candidates for statewide
office not choosing to
limit their campaign expenditures in accordance to provisions of
this
act may also publish a campaign statement of similar length
and format in the state ballot
pamphlet, but shall be charged the
pro rata cost of printing, handling, translating, and
mailing the
campaign statement. Such candidate statements shall not include any
references
to a candidate's opponent or opponents and may include
a photograph of the candidate.
85601. (a) The clerk of each county shall provide to candidates
for offices of the State
Assembly, State Senate, and Board of
Equalization, who voluntarily choose to limit their
campaign
expenditures in accordance with this act, a campaign statement with
the county
sample ballot materials of 100 words in primary and
special elections, and 200 words in
general elections, free of
charge, the add-on cost of which is to be reimbursed from the
state
General Fund. Candidates for the offices of State Assembly,
State Senate, and Board of
Equalization not choosing to limit
their campaign expenditures in accordance to this act may
also
publish a campaign statement of similar length and format with the
county sample ballot
materials, but shall be charged the pro rata
cost of printing, handling, translating, and
mailing the campaign
statement. Such candidate statements shall not include any
references
to a candidate's opponent or opponents and may include
a photograph of the candidate.
(b) The statements of candidates
for State Assembly, State Senate, and Board of
Equalization may be
included in the state ballot pamphlet instead of with the county
sample
ballot materials if the Secretary of State determines that
inclusion in the state ballot pamphlet
is less expensive and more
convenient for the voters.
85602. The Secretary of State and local elections officers shall
prominently designate on the
ballot and in the ballot phamplet and
sample ballot those candidates who have voluntarily
agreed to
expenditure ceilings. The commission shall prescribe by regulation
the method or
methods for such designation.
SEC. 27. Article 7 (commencing with Section 85700) is added to
Chapter 5 of Title 9 of the
Government Code, to read:
Article
7. Additional Contribution Requirements
85700. No contribution of one hundred dollars ($100) or more shall
be deposited into a
campaign checking account unless the name,
address, occupation, and employer of the
contributor is on file in
the records of the recipient of the contribution.
85701. Any person who accepts a contribution which is not from the
person listed on the
check or subsequent campaign disclosure
statement shall be liable to pay the state the entire
amount of
the laundered contribution. The statute of limitations shall not
apply to this
provision, and repayments to the state shall be made
as long as the person or any committee
controlled by such a person
has any funds sufficient to pay the state.
85702. Contributions made directly or indirectly to or on behalf
of a particular candidate
through an intermediary or conduit shall
be treated as contributions from the contributor and
the
intermediary or conduit to the candidate for the purposes of this
limitation unless the
intermediary or conduit is one of the
following:
(a) The candidate or representative of the candidate
receiving contributions on behalf of the
candidate. However, the
representative shall not include the following persons:
(1) A
committee other than the candidate's campaign committee.
(2) An
officer, employee, or agent of a committee other than the candidate's
campaign
committee.
(3) A person registered as a lobbyist with
the governmental agency for which the candidate
is running or is
an officeholder.
(4) An officer, employee, or agent of a
corporation or labor organization acting on behalf of
the
corporation or organization.
(b) A volunteer, who otherwise does
not fall under paragraphs (1) through (4) of subdivision
(a) of
this provision, hosting a fundraising event outside the volunteer's
place of business.
85703. No person shall make and no person, other than a candidate
or the candidate's
controlled committee, shall accept any
contribution on the condition or with the agreement
that it will
be contributed to any particular candidate. The expenditure of funds
received by a
person shall be made at the sole discretion of the
recipient person.
85704. No elected officeholder, candidate, or the candidate's
controlled committee may
solicit or accept a campaign contribution
or contribution to an officeholder account from,
through, or
arranged by a registered state or local lobbyist if that lobbyist
finances, engages,
or is authorized to engage in lobbying the
governmental agency for which the candidate is
seeking election or
the governmental agency of the officeholder.
85705. No person appointed to a public board or commission or as
Trustee of the California
State University or Regent of the
University of California during tenure in office shall donate
to,
or solicit or accept any campaign contribution for, any committee
controlled by the person
who made the appointment to that office
or any other entity with the intent that the recipient
of the
donation be any committee controlled by such person who made the
appointment.
85706. (a) Nothing in this act shall nullify contribution
limitations or other campaign
disclosures or prohibitions of any
local jurisdiction that are as or more stringent than set
forth in
this act.
(b) The governing body of a local jurisdiction may
impose lower contribution limitations or
other campaign
disclosures or prohibitions that are as or more stringent than set
forth in this
act. A local jurisdiction may impose higher
contribution or expenditure limitations only by a
vote of the
people.
(c) Any charter municipality which chooses to establish a
voluntary spending limit program
involving matching funds,
consistent with sudivision (c) of Section 85400, may set a
uniform
contribution ceiling from any person to any candidate or
the candidate's controlled committee
of a contribution or
contributions totaling no more than five hundred dollars ($500) for
each
election in which the candidate is attempting to be on the
ballot or is a write-in candidate,
provided that the program
offers a matching fund ratio of at least one dollar ($1) to
each
three matchable private contributions. ENFORCEMENT
SEC. 28. Section 83116 of the Government Code is amended to read:
83116. When the Commission determines there is probable cause for
believing this title has been
violated, it may hold a hearing to
determine if such a violation has occurred. Notice shall be given and
the hearing conducted in accordance with the Administrative Procedure
Act (Government Code, Title 2, Division 3, Part 1, Chapter 5,
Sections 11500 et seq.). The Commission shall have all the powers
granted by that chapter. When the Commission determines on the basis
of the hearing that a violation has occurred, it shall issue an order
which may require the violator to:
(a) Cease and desist violation
of this title;
(b) File any reports, statements or other documents
or information required by this title;
(c) Pay a monetary penalty
of up to two thousand dollars ($2,000) five thousand
dollars
($5,000) per violation to the General Fund of the state.
When the Commission determines that no
violation has occurred, it
shall publish a declaration so stating.
SEC. 29. Section 83116.5 of the Government Code is amended
to read:
83116.5. Any person who violates any provision of this title, who purposely or negligently causes any other person to violate any provision of this title, or who aids and abets any other person in the violation of any provision of this title, shall be liable under the provisions of this chapter and Chapter 11 (commencing with Section 91000). Provided, however, that this section shall apply only to persons who have filing or reporting obligations under this title, or who are compensated for services involving the planning, organizing, or directing any activity regulated or required by this title, and that a violation of this section shall not constitute an additional violation under Chapter 11.
SEC. 30. Section 91000 of the Government Code is amended to read:
91000. (a) Any person who knowingly or willfully violates any
provision of this title is guilty of a misdemeanor.
(b) In
addition to other penalties provided by law, a fine of up to the
greater of ten thousand
dollars ($10,000) or three times the
amount the person failed to report properly or
unlawfully
contributed, expended, gave or received may be imposed
upon conviction for each violation.
(c) Prosecution for violation
of this title must be commenced within four years after the date
on
which the violation occurred.
(d) The commission has
concurrent jurisdiction in enforcing the criminal
misdemeanor
provisions of this title.
SEC. 31. Section 91004 of the Government Code is amended to read:
91004. Any person who intentionally or negligently violates any of the reporting requirements of this act , or who aids and abets any person who violates any of the reporting requirements of this act, shall be liable in a civil action brought by the civil prosecutor or by a person residing within the jurisdiction for an amount not more than the amount or value not properly reported.
SEC. 32. Section 91005.5 of the Government Code is amended to read:
91005.5. Any person who violates any provision of this title,
except Sections 84305, 84307, and
89001, for which no specific
civil penalty is provided, shall be liable in a civil action brought
by the commission or the district attorney pursuant to subdivision
(b) of Section 91001, or the elected city attorney pursuant to
Section 91001.5, for an amount up to two thousand dollars ($2,000)
five thousand dollars ($5,000) per violation .
No civil action
alleging a violation of this title may be filed against a person
pursuant to this section if the criminal prosecutor is maintaining a
criminal action against that person pursuant to Section 91000.
The
provisions of this section shall be applicable only as to violations
occurring after the effective date of this section.
SEC. 33. Section 91006 of the Government Code is amended to
read:
91006. Any person who violates any provision of this title, who
purposely or negligently
causes any other person to violate any
provision of this title, or who aids and abets any other
person in
the violation of any provision of this title, shall be liable under
the provisions of this
chapter and Chapter 3 (commencing with
Section 83100) of this title. If two or more persons
are
responsible for any violation, they shall be jointly and severally
liable.
SEC. 34. Section 91015 of the Government Code is repealed.
91015. The provisions of this chapter shall not apply to violations of Section 83116.5.
DISCLOSURE
SEC. 35. Section 84201 is added to the Government Code, to read:
84201. The threshold for contributions and expenditures reported
in the campaign
statements designated in Sections 84203.5, 84211,
and 84219, except for subdivision (i) of
Section 84219, and for
cash contributions and anonymous contributions designated
in
Sections 84300 and 84304, shall be set at no more than one
hundred dollars ($100)
notwithstanding any other provision of law
or any legislative amendment to such sections.
SEC. 36. Section 84305.5 of the Government Code is amended to read:
84305.5. (a) No slate mailer organization or committee primarily
formed to support or oppose one or more ballot measures shall send a
slate mailer unless:
(1) The name, street address, and city of the
slate mailer organization or committee primarily
formed to support
or oppose one or more ballot measures are shown on the outside of
each piece of slate mail and on at least one of the inserts every
insert included with each piece of slate mail in no less than 8-point
roman type which shall be in a color or print which contrasts with
the background so as to be easily legible. A post office box may be
stated in lieu of a street address if the street address of the slate
mailer organization or the committee primarily formed to support or
oppose one or more ballot measure is a matter of public record with
the Secretary of State's Political Reform Division.
(2) At the top
or bottom of the front of each side or surface of at least one insert
of a slate mailer or at the top or bottom of one each side or surface
of a postcard or other self-mailer, there is a notice in at least
8-point roman boldface type, which shall be in a color or print which
contrasts with the background so as to be easily legible, and in a
printed or drawn box and set apart from any other printed matter. The
notice shall consist of the following statement:
NOTICE TO VOTERS
THIS DOCUMENT WAS PREPARED BY (name of slate
mailer organization or committee primarily formed to support or
oppose one or more ballot measures), NOT AN OFFICIAL POLITICAL
PARTY ORGANIZATION. Appearance in this mailer does not necessarily
imply endorsement of others appearing in this mailer, not does it
imply endorsement of, or opposition to, any issues set forth in
this mailer. Appearance is paid for and authorized by each
candidate All candidates and ballot measures which is measures
designated by an * $$$ have paid for their listing in this mailer.
A listing in this mailer does not necessarily imply endorsement of
other candidates or measures listed in this mailer.
(3) The name, street address, and city of the slate mailer
organization or committee primarily
formed to support or oppose
one or more ballot measures as required by paragraph (1) and
the
notice required by paragraph (2) may appear on the same side
or surface of an insert. Any
reference to a ballot measure that
has paid to be included on the slate mailer shall also
comply with
the provisions of Section 84503 et seq.
(4) Each candidate and
each ballot measure that has paid to appear in the slate mailer
is
designated by an * $$$ . Any candidate or ballot measure that
has not paid to appear in the slate
mailer is not designated by an
* $$$ . The * $$$ required by this subdivision shall be of the
same
type size, type style, color or contrast, and legibility as
is used for the name of the candidate or the ballot measure name or
number and position advocated to which the * $$$ designation applies
except that in no case shall the * $$$ be required to be larger than
10-point boldface type. The designation shall immediately follow the
name of the candidate, or the name or number and position advocated
on the ballot measure where the designation appears in the slate of
candidates and measures. If there is no slate listing, the
designation shall appear at least once in at least 8-point boldface
type, immediately following the name of the candidate, or the name or
number and position advocated on the ballot measure.
(5) The name
of any candidate appearing in the slate mailer who is a member of a
political party differing from the political party which the mailer
appears by representation or indicia to represent is accompanied,
immediately below the name, by the party designation of the
candidate, in no less than 9-point roman type which shall be in a
color or print that contrasts with the background so as to be easily
legible. The designation shall not be required in the case of
candidates for nonpartisan office.
(b) For purposes of the
designations required by paragraph (4) of subdivision (a), the
payment of any sum made reportable by subdivision (c) of Section
84219 by or at the behest of a candidate or committee, whose name or
position appears in the mailer, to the slate mailer organization or
committee primarily formed to support or oppose one or more ballot
measures, shall constitute a payment to appear, requiring the * $$$
designation. The payment shall also be deemed to constitute
authorization to appear in the mailer.
(c) A slate mailer that
complies with this section shall be deemed to satisfy the
requirements of
Sections 20003 and 20004 of the Elections
Code.
SEC. 37. Article 5 (commencing with Section 84501) is added to
Chapter 4 of Title 9 of the
Government Code, to read:
Article 5. Disclosure in Advertisements
84501. (a) "Advertisement" means any general or public
advertisement which is authorized
and paid for by a person or
committee for the purpose of supporting or opposing a
candidate
for elective office or a ballot measure or ballot
measures.
(b) ''Advertisement" does not include a communication
from an organization other than a
political party to its members,
a campaign button smaller than 10 inches in diameter, a
bumper
sticker smaller than 60 square inches, or other advertisement as
determined by
regulations of the commission.
84502. "Cumulative contributions" means the cumulative
contributions to a committee
beginning the first day the statement
of organization is filed under Section 84101 and ending
within
seven days of the time the advertisement is sent to the printer or
broadcast station.
84503. (a) Any advertisement for or against any ballot measure
shall include a disclosure
statement identifying any person whose
cumulative contributions are fifty thousand dollars
($50,000) or
more.
(b) If there are more than two donors of fifty thousand
dollars ($50,000) or more, the
committee is only required to
disclose the highest and second highest in that order. In
the
event that more than two donors meet this disclosure threshold
at identical contribution
levels, the highest and second highest
shall be selected according to chronological sequence.
84504. (a) Any committee that supports or opposes one or more
ballot measures shall name
and identify itself using a name or
phrase that clearly identifies the economic or other
special
interest of its major donors of fifty thousand dollars
($50,000) or more in any reference to the
committee required by
law, including, but not limited, to its statement of organization
filed
pursuant to Section 84101.
(b) If the major donors of
fifty thousand dollars ($50,000) or more share a common
employer,
the identity of the employer shall also be disclosed.
(c) Any
committee which supports or opposes a ballot measure, shall print or
broadcast its
name as provided in this section as part of any
advertisement or other paid public statement.
(d) If candidates or
their controlled committees, as a group or individually, meet
the
contribution thresholds for a person, they shall be identified
by the controlling candidate's
name.
84505. In addition to the requirements of Sections 84503, 84504,
and 84506, the committee
placing the advertisement or persons
acting in concert with that committee shall be
prohibited from
creating or using a noncandidate controlled committee or a
nonsponsored
committee to avoid, or that results in the avoidance
of, the disclosure of any individual,
industry, business entity,
controlled committee, or sponsored committee as a major
funding
source.
84506. If the expenditure for a broadcast or mass mailing
advertisement that expressly
advocates the election or defeat of
any candidate or any ballot measure is an independent
expenditure,
the committee, consistent with any disclosures required by Sections
84503 and
84504, shall include on the advertisement the names of
the two persons making the largest
contributions to the committee
making the independent expenditure. If an acronym is used
to
specify any committee names required by this section, the names
of any sponsoring
organization of the committee shall be printed
on print advertisements or spoken in broadcast
advertisements. For
the purposes of determining the two contributors to be disclosed,
the
contributions of each person to the committee making the
independent expenditure during the
one-year period before the
election shall be aggregated.
84507. Any disclosure statement required by this article shall be
printed clearly and legibly
in no less than 10-point type and in a
conspicuous manner as defined by the commission or, if
the
communication is broadcast, the information shall be spoken so as to
be clearly audible
and understood by the intended public and
otherwise appropriately conveyed for the hearing
impaired.
84508. If disclosure of two major donors is required by Sections
84503 and 84506, the
committee shall be required to disclose, in
addition to the committee name, only its highest
major contributor
in any advertisement which is:
(a) An electronic broadcast of 15
seconds or less, or
(b) A newspaper, magazine, or other public
print media advertisement which is 20 square
inches or less.
84509. When a committee files an amended campaign statement
pursuant to Section
81004.5, the committee shall change its
advertisements to reflect the changed disclosure
information.
84510. (a) In addition to the remedies provided for in Chapter 11
(commencing with Section
91000) of this title, any person who
violates this article is liable in a civil or
administrative
action brought by the commission or any person for
a fine up to three times the cost of the
advertisement, including
placement costs.
(b) The remedies provided in subdivision (a)
shall also apply to any person who purposely
causes any other
person to violate any provision of this article or who aids and abets
any
other person in a violation.
(c) If a judgment is entered
against the defendant or defendants in an action brought
under
this section, the plaintiff shall receive 50 percent of the
amount recovered. The remaining 50
percent shall be deposited in
the General Fund of the state. In an action brought by a
local
civil prosecutor, 50 percent shall be deposited in the
account of the agency bringing the
action and 50 percent shall be
paid to the General Fund of the state.
MISCELLANEOUS PROVISIONS
SEC. 38. Section 82039 of the Government Code is amended to read:
82039. "Lobbyist" means any individual who is employed or
contracts for receives two thousand
dollars ($2,000) or more in
economic consideration in a calendar month , other
than
reimbursement for reasonable travel expenses, or whose
principal duties as an employee are, to
communicate directly or
through his or her agents with any elective state official, agency
official , or legislative official for the purpose of influencing
legislative or administrative action , if a substantial or regular
portion of the activities for which he or she receives consideration
is for the purpose of influencing legislative or administrative
action . No individual is a lobbyist by reason of activities
described in Section 86300.
SEC. 39. Section 83124 is added to the Government Code, to read:
83124. The commission shall adjust the contribution limitations
and expenditure limitations
provisions in Sections 85100 et seq.
in January of every even-numbered year to reflect any
increase or
decrease in the California Consumer Price Index. Such adjustments
shall be
rounded to the nearest 50 for the limitations on
contributions and the nearest 1,000 for the
limitations on
expenditures.
SEC. 40. Section 85802 is added to the Government Code, to read:
85802. There is hereby appropriated from the General Fund of the
state to the Fair
Political Practices Commission the sum of five
hundred thousand dollars ($500,000) annually
above and beyond the
appropriations established for the commission in the fiscal
year
immediately prior to the effective date of this act, adjusted
for cost-of-living changes, for
expenditures to support the
operations of the commission pursuant to this act. If
any
provision of this act is successfully challenged, any
attorney's fees and costs shall be paid
from the General Fund and
the commission's budget shall not be reduced accordingly.
SEC. 41. Section 20300 of the Elections Code is repealed.
20300. Upon leaving any elective office, or at the end of the
postelection reporting period
following the defeat of a candidate
for elective office, whichever occurs last, surplus campaign funds
raised prior to January 1, 1989, under the control of the former
candidate or officeholder or his or her controlled committee shall be
used or held only for the following purposes:
(a) (1) The
repayment of personal or committee loans or other obligations if
there is a reasonable relationship to a political, legislative, or
governmental activity.
(2) For purposes of this subdivision, the
payment for, or the reimbursement to the state of, the
costs of
installing and monitoring an electronic security system in the home
or office, or both, of a candidate or elected officer who has
received threats to his or her physical safety shall be deemed to
have a reasonable relationship to a political, legislative, or
governmental activity, provided that the threats arise from his or
her activities, duties, or status as a candidate or elected officer
and that the threats have been reported to and verified by an
appropriate law enforcement agency. Verification shall be determined
solely by the law enforcement agency to which the threat was
reported. The candidate or elected officer shall report any
expenditure of campaign funds made pursuant to this section to the
commission. The report to the commission shall include the date that
the candidate or elected officer informed the law enforcement agency
of the threat, the name and phone number of the law enforcement
agency, and a brief description of the threat. No more than five
thousand dollars ($5,000) in surplus campaign funds may be used,
cumulatively, by a candidate or elected officer pursuant to this
subdivision. Payments made pursuant to this subdivision shall be made
during the two years immediately following the date upon which the
campaign funds became surplus campaign funds. The candidate or
elected officer shall reimburse the surplus campaign fund account for
the fair market value of the security system no later than two years
immediately following the date upon which the campaign funds become
surplus campaign funds, upon sale of the property on which the system
is installed, or prior to the closing of the surplus campaign fund
account, whichever comes first. The electronic security system shall
be the property of the campaign committee of the candidate or elected
officer.
(b) The payment of the outstanding campaign
expenses.
(c) Contributions to any candidate, committee, or
political party, except where otherwise
prohibited by law.
(d)
The pro rata repayment of contributors.
(e) Donations to any
religious, scientific, educational, social welfare, civic, or
fraternal organization no part of the net earnings of which inures to
the benefit of any private shareholder or individual or to any
charitable or nonprofit organization which is exempt from taxation
under subsection (c) of Section 501 of the Internal Revenue Code or
Section 17214 or Sections 23701a to 23701j, inclusive, or Section
23701 , 23701n, 23701p, or 23701s of the Revenue and Taxation
Code.
(f) Except where otherwise prohibited by law, held in a
segregated fund for future political
campaigns, not to be expended
except for political activity reasonably related to preparing for
future candidacy for elective office.
SEC. 42. Section 89519 of the Government Code is repealed.
89519. Upon leaving any elected office, or at the end of the
postelection reporting period
following the defeat of a candidate
for elective office, whichever occurs last, campaign funds raised
after January 1, 1989, under the control of the former candidate or
elected officer shall be
considered surplus campaign funds and
shall be disclosed pursuant to Chapter 4 (commencing with Section
84100) and shall be used only for the following purposes:
(a) (1)
The payment of outstanding campaign debts or elected officer's
expenses.
(2) For purposes of this subdivision, the payment for,
or the reimbursement to the state of, the
costs of installing and
monitoring an electronic security system in the home or office, or
both, of a candidate or elected officer who has received threats to
his or her physical safety shall be deemed an outstanding campaign
debt or elected officer's expense, provided that the threats arise
from his or her activities, duties, or status as a candidate or
elected officer and that the threats have been reported to and
verified by an appropriate law enforcement agency. Verification shall
be determined solely by the law enforcement agency to which the
threat was reported. The candidate or elected officer shall report
any expenditure of campaign funds made pursuant to this section to
the commission. The report to the commission shall include the date
that the candidate or elected officer informed the law enforcement
agency of the threat, the name and phone number of the law
enforcement agency, and a brief description of the threat. No more
than five thousand dollars ($5,000) in surplus campaign funds may be
used, cumulatively, by a candidate or elected officer pursuant to
this subdivision. Payments made pursuant to this subdivision shall be
made during the two years immediately following the date upon which
the campaign funds became surplus campaign funds. The candidate or
elected officer shall reimburse the surplus campaign fund account for
the fair market value of the security system no later than two years
immediately following the date upon which the campaign funds become
surplus campaign funds, upon sale of the property on which the system
is installed, or prior to the closing of the surplus campaign fund
account, whichever comes first. The electronic security system shall
be the property of the campaign committee of the candidate or elected
officer.
(b) The pro rata repayment of contributions.
(c)
Donations to any bona fide charitable, educational, civic, religious,
or similar tax-exempt,
nonprofit organization, where no
substantial part of the proceeds will have a material financial
effect on the former candidate or elected officer, any member of his
or her immediate family, or his or her
campaign treasurer.
(d)
Contributions to a political party or committee so long as the funds
are not used to make
contributions in support of or opposition to
a candidate for elective office.
(e) Contributions to support or
oppose any candidate for federal office, any candidate for
elective
office in a state other than California, or any ballot
measure.
(f) The payment for professional services reasonably
required by the committee to assist in the
performance of its
administrative functions, including payment for attorney's fees for
litigation which
arises directly out of a candidate's or elected
officer's activities, duties, or status as a candidate or
elected
officer, including, but not limited to, an action to enjoin
defamation, defense of an action
brought of a violation of state
or local campaign, disclosure, or election laws, and an action
arising from an election contest or recount.
SEC. 43. Section 89519 is added to the Government Code, to read:
89519. Any campaign funds in excess of expenses incurred for the
campaign or for
expenses specified in subdivision (d) of Section
85305, received by or on behalf of an
individual who seeks
nomination for election, or election to office, shall be deemed to
be
surplus campaign funds and shall be distributed within 90 days
after withdrawal, defeat, or
election to office in the following
manner:
(a) No more than ten thousand dollars ($10,000) may be
deposited in the candidate's
officeholder account; except such
surplus from a campaign fund for the general election shall
not be
deposited into the officeholder account within 60 days immediately
following the
election.
(b) Any remaining surplus funds shall
be distributed to any political party, returned to
contributors on
a pro rata basis, or turned over to the General Fund.
CONSTRUCTION
SEC. 44. This act shall be liberally construed to accomplish its purposes.
LEGISLATIVE AMENDMENTS
SEC. 45. The provisions of Section 81012 of the Government Code
which allow legislative
amendments to the Political Reform Act of
1974 shall apply to all the provisions of this act except for
Sections 84201, 85301, 85303, 85313, 85400, and 85402.
APPLICABILITY OF OTHER LAWS
SEC. 46. Nothing in this law shall exempt any person from applicable provisions of any other laws of this state.
SEVERABILITY
SEC. 47. (a) If any provision of this law, or the application of
any such provision to any person or circumstances, shall be held
invalid, the remainder of this law to the extent it can be given
effect, or the application of such provision to persons or
circumstances other than those as to which it is held invalid, shall
not be affected thereby, and to this extent the provisions of this
law are severable.
(b) If the expenditure limitations of Section
85400 of this law shall be held invalid, the contribution limitations
specified in Sections 85301 through 85313 shall apply.
CONFLICTING
BALLOT MEASURES
SEC. 48. If this act is approved by voters but superseded by any
other conflicting ballot measure
approved by more voters at the
same election, and the conflicting ballot measure is later held
invalid, it is the intent of the voters that this act shall be
self-execu