BILL NUMBER: AB 45 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Dickinson
DECEMBER 19, 2012
An act to amend Sections 81010, 82013, 82015, 82016, 84101, 84211,
84215, 84605, 85201, 89519, 90003, 90005, and 91003 of, and to add
Sections 84215.5 and 86119 to, the Government Code, relating to the
Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
AB 45, as introduced, Dickinson. Political Reform Act of 1974.
(1) The Political Reform Act of 1974 imposes various reporting and
disclosure requirements for campaign contributions and expenditures.
For purposes of the act, a "committee" is defined to include any
person or combination of persons who receives contributions or makes
independent expenditures totaling $1,000 or more in a calendar year.
The act also defines a "controlled committee" to include a committee
that is controlled directly or indirectly by a candidate.
This bill would increase the monetary threshold of contributions
or independent expenditures that qualify a person or combination of
persons as a committee to $2,000. The bill would also revise the
definition of a "controlled committee" to specify that a committee
controlled by a candidate who is elected to office is a controlled
committee for the duration of the candidate's entire term of office,
as specified.
(2) The act requires committees to file periodic campaign
statements. The act requires that the campaign statements disclose
certain information about contributors who have made aggregate
contributions, as defined, of $100 or more.
This bill would increase the monetary contribution threshold for
requiring the disclosure of contributor information to $250.
This bill would revise the definition of "contribution" to include
a payment to a multipurpose organization, as defined, made by a
person who knows or has reason to know that the payment or portion of
the payment will be used to make a contribution or an independent
expenditure. The bill imposes a presumption that a donor has reason
to know that his or her payment will be used to make a contribution
or an independent expenditure if the recipient organization has made
aggregate contributions or independent expenditures of $2,000 or more
within the calendar year in which the payment is made or four
preceding calendar years or if the donor payment is $50,000 or more,
is made within the 6 months preceding the election, and the
multipurpose organization makes a contribution or an independent
expenditure of $50,000 or more within the 6 months prior to the
election.
(3) The act defines as "surplus campaign funds" as campaign funds
that are under the control of a former candidate or former elected
officer as of the date of leaving elective office or the end of the
postelection reporting period following the defeat of the candidate
for elective office, whichever occurs last. The act restricts the
purposes for which surplus campaign funds may be expended.
This bill would increase the time at which campaign funds become
surplus campaign funds by 90 days following either the officer
leaving elective office or the end of the postelection reporting
period following the defeat of a candidate, whichever occurs last.
(4) The act imposes specified duties on a filing officer with
respect to reports and statements filed with that filing officer,
including supplying the necessary forms and manuals and determining
whether required documents have been filed and conform on their face
with the requirements of the act.
This bill would additionally require a filing officer to
immediately affix a date stamp to each statement of economic
interests that the officer receives to reflect the date of receipt.
By imposing additional duties on local officials, this bill would
impose a state-mandated local program.
(5) The act requires that certain campaign statements be filed
with the Secretary of State online or electronically. The act
requires that persons filing campaign statements online or
electronically also continue to file the statements in a paper
format.
This bill would repeal the requirement that a person file a paper
copy of a campaign statement that is filed with the Secretary of
State online or electronically, except during such times as the
online or electronic system operated by the Secretary of State is
malfunctioning, unavailable, or otherwise not capable of receiving
online or electronically filed campaign statements.
(6) The act is administered and enforced by the Fair Political
Practices Commission. The act authorizes the Commission, as well as
the Franchise Tax Board, to perform discretionary investigations and
audits with respect to campaign and lobbying reports and statements
that are filed with the Secretary of State. The act prohibits
members, employees, and agents of the Franchise Tax Board from
divulging records, documents, or information received pursuant to
audit activities authorized under the act. The act also authorizes
any person residing in the jurisdiction to sue for injunctive relief
to prevent violations or compel compliance with the act
This bill would require the Secretary of State to make campaign
and lobbying statements and reports that are filed with the Secretary
of State available to the Commission, upon request by the
Commission. This bill would specify that the Commission may perform
audits prior to the date of the election and prior to the date that a
statement or report is required to be filed. The bill would prohibit
the members, employees, and agents of the Commission from divulging
records, documents, or information received in the course of the
audits, as specified. The bill would authorize a person to challenge
an audit by the Commission or any order resulting from an audit by
seeking a writ of mandate, which would take priority over all other
civil matters. The bill would specify that the Commission is
authorized to seek an injunction to prevent a violation of or compel
compliance with the act.
(7) The act makes a knowing or willful violation of its provisions
a misdemeanor and subjects offenders to criminal penalties.
By expanding the scope of an existing crime, this bill would
impose a state-mandated local program.
(8) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
(9) The Political Reform Act of 1974, an initiative measure,
provides that the Legislature may amend the act to further the act's
purposes upon a 2/3 vote of each house and compliance with specified
procedural requirements.
This bill would declare that it furthers the purposes of the act.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 81010 of the Government Code is amended to
read:
81010. With respect to reports and statements filed with him
or her pursuant to this title, the filing officer shall
do all of the following :
(a) Supply the necessary forms and manuals prescribed by the
Commission ; .
(b) Immediately affix a date stamp to each statement of economic
interests filed pursuant to Chapter 7 (commencing with Section 87100)
to reflect the date of receipt by the filing officer.
(b)
(c) Determine whether required documents have been
filed and, if so, whether they conform on their face with the
requirements of this title ; .
(c)
(d) Notify promptly all persons and known committees
who have failed to file a report or statement in the form and at the
time required by this title ; .
(d)
(e) Report apparent violations of this title to the
appropriate agencies ; and .
(e)
(f) Compile and maintain a current list of all reports
and statements filed with this office.
SEC. 2. Section 82013 of the Government Code is amended to read:
82013. "Committee" means any person or combination of persons who
directly or indirectly does any of the following:
(a) Receives contributions totaling one thousand dollars
($1,000) two thousand dollars ($2,000) or more
in a calendar year.
(b) Makes independent expenditures totaling one thousand
dollars ($1,000) two thousand dollars
($2,000) or more in a calendar year; or
(c) Makes contributions totaling ten thousand dollars ($10,000) or
more in a calendar year to or at the behest of candidates or
committees.
A person or combination of persons that becomes a committee shall
retain its status as a committee until such time as that status is
terminated pursuant to Section 84214.
SEC. 3. Section 82015 of the Government Code is amended to read:
82015. (a) "Contribution" means a payment, a forgiveness of a
loan, a payment of a loan by a third party, or an enforceable promise
to make a payment except to the extent that full and adequate
consideration is received, unless it is clear from the surrounding
circumstances that it is not made for political purposes.
(b) (1) A payment made at the behest of a committee as defined in
subdivision (a) of Section 82013 is a contribution to the committee
unless full and adequate consideration is received from the committee
for making the payment.
(2) A payment made at the behest of a candidate is a contribution
to the candidate unless the criteria in either subparagraph (A) or
(B) are satisfied:
(A) Full and adequate consideration is received from the
candidate.
(B) It is clear from the surrounding circumstances that the
payment was made for purposes unrelated to his or her candidacy for
elective office. The following types of payments are presumed to be
for purposes unrelated to a candidate's candidacy for elective
office:
(i) A payment made principally for personal purposes, in which
case it may be considered a gift under the provisions of Section
82028. Payments that are otherwise subject to the limits of Section
86203 are presumed to be principally for personal purposes.
(ii) A payment made by a state, local, or federal governmental
agency or by a nonprofit organization that is exempt from taxation
under Section 501(c)(3) of the Internal Revenue Code.
(iii) A payment not covered by clause (i), made principally for
legislative, governmental, or charitable purposes, in which case it
is neither a gift nor a contribution. However, payments of this type
that are made at the behest of a candidate who is an elected officer
shall be reported within 30 days following the date on which the
payment or payments equal or exceed five thousand dollars ($5,000) in
the aggregate from the same source in the same calendar year in
which they are made. The report shall be filed by the elected officer
with the elected officer's agency and shall be a public record
subject to inspection and copying pursuant to subdivision (a) of
Section 81008. The report shall contain the following information:
name of payor, address of payor, amount of the payment, date or dates
the payment or payments were made, the name and address of the
payee, a brief description of the goods or services provided or
purchased, if any, and a description of the specific purpose or event
for which the payment or payments were made. Once the
five-thousand-dollar ($5,000) aggregate threshold from a single
source has been reached for a calendar year, all payments for the
calendar year made by that source must be disclosed within 30 days
after the date the threshold was reached or the payment was made,
whichever occurs later. Within 30 days after receipt of the report,
state agencies shall forward a copy of these reports to the Fair
Political Practices Commission, and local agencies shall forward a
copy of these reports to the officer with whom elected officers of
that agency file their campaign statements.
(C) For purposes of subparagraph (B), a payment is made for
purposes related to a candidate's candidacy for elective office if
all or a portion of the payment is used for election-related
activities. For purposes of this subparagraph, "election-related
activities" shall include, but are not limited to, the following:
(i) Communications that contain express advocacy of the nomination
or election of the candidate or the defeat of his or her opponent.
(ii) Communications that contain reference to the candidate's
candidacy for elective office, the candidate's election campaign, or
the candidate's or his or her opponent's qualifications for elective
office.
(iii) Solicitation of contributions to the candidate or to third
persons for use in support of the candidate or in opposition to his
or her opponent.
(iv) Arranging, coordinating, developing, writing, distributing,
preparing, or planning of any communication or activity described in
clause (i), (ii), or (iii).
(v) Recruiting or coordinating campaign activities of campaign
volunteers on behalf of the candidate.
(vi) Preparing campaign budgets.
(vii) Preparing campaign finance disclosure statements.
(viii) Communications directed to voters or potential voters as
part of activities encouraging or assisting persons to vote if the
communication contains express advocacy of the nomination or election
of the candidate or the defeat of his or her opponent.
(D) A contribution made at the behest of a candidate for a
different candidate or to a committee not controlled by the behesting
candidate is not a contribution to the behesting candidate.
(3) A payment made at the behest of a member of the Public
Utilities Commission, made principally for legislative, governmental,
or charitable purposes, is not a contribution. However, payments of
this type shall be reported within 30 days following the date on
which the payment or payments equal or exceed five thousand dollars
($5,000) in the aggregate from the same source in the same calendar
year in which they are made. The report shall be filed by the member
with the Public Utilities Commission and shall be a public record
subject to inspection and copying pursuant to subdivision (a) of
Section 81008. The report shall contain the following information:
name of payor, address of payor, amount of the payment, date or dates
the payment or payments were made, the name and address of the
payee, a brief description of the goods or services provided or
purchased, if any, and a description of the specific purpose or event
for which the payment or payments were made. Once the
five-thousand-dollar ($5,000) aggregate threshold from a single
source has been reached for a calendar year, all payments for the
calendar year made by that source must be disclosed within 30 days
after the date the threshold was reached or the payment was made,
whichever occurs later. Within 30 days after receipt of the report,
the Public Utilities Commission shall forward a copy of these reports
to the Fair Political Practices Commission.
(c) "Contribution" includes the purchase of tickets for events
such as dinners, luncheons, rallies, and similar fundraising events;
the candidate's own money or property used on behalf of his or her
candidacy other than personal funds of the candidate used to pay
either a filing fee for a declaration of candidacy or a candidate
statement prepared pursuant to Section 13307 of the Elections Code;
the granting of discounts or rebates not extended to the public
generally or the granting of discounts or rebates by television and
radio stations and newspapers not extended on an equal basis to all
candidates for the same office; the payment of compensation by any
person for the personal services or expenses of any other person if
the services are rendered or expenses incurred on behalf of a
candidate or committee without payment of full and adequate
consideration.
(d) "Contribution" further includes any transfer of anything of
value received by a committee from another committee, unless full and
adequate consideration is received.
(e) "Contribution" does not include amounts received pursuant to
an enforceable promise to the extent those amounts have been
previously reported as a contribution. However, the fact that those
amounts have been received shall be indicated in the appropriate
campaign statement.
(f) "Contribution" does not include a payment made by an occupant
of a home or office for costs related to any meeting or fundraising
event held in the occupant's home or office if the costs for the
meeting or fundraising event are five hundred dollars ($500) or less.
(g) Notwithstanding the foregoing definition of "contribution,"
the term does not include volunteer personal services or payments
made by any individual for his or her own travel expenses if the
payments are made voluntarily without any understanding or agreement
that they shall be, directly or indirectly, repaid to him or her.
(h) "Contribution" further includes the payment of public moneys
by a state or local governmental agency for a communication to the
public that satisfies both of the following:
(1) The communication expressly advocates the election or defeat
of a clearly identified candidate or the qualification, passage, or
defeat of a clearly identified measure, or, taken as a whole and in
context, unambiguously urges a particular result in an election.
(2) The communication is made at the behest of the affected
candidate or committee.
(i) (1) "Contribution" further includes a payment made to a
multipurpose organization if the donor knows or has reason to know
that the payment, or part of the payment, will be used to make a
contribution or an independent expenditure.
(2) For purposes of paragraph (1), a donor knows that a payment to
a multipurpose organization will be used to make a contribution or
an independent expenditure if the donor specifies that to be the
purpose for which the payment must be used or if the donor makes the
payment in response to a message or solicitation indicating the
multipurpose organization's intent to make a contribution or an
independent expenditure.
(3) For purposes of paragraph (1), a donor is presumed to have
reason to know that a payment to a multipurpose organization will be
used to make a contribution or an independent expenditure if the
recipient multipurpose organization has made aggregate contributions
or independent expenditures of two thousand dollars ($2,000) or more
during the calendar year in which the payment is made or during any
of the four preceding calendar years.
(4) For purposes of paragraph (1), a donor who makes an aggregate
payment of fifty thousand dollars ($50,000) or more to a multipurpose
organization within the six months prior to an election is presumed
to have reason to know that the aggregate payments will be used by
the multipurpose organization to make a contribution or an
independent expenditure if the multipurpose organization makes an
aggregate contribution or independent expenditure of fifty thousand
dollars ($50,000) or more to support or oppose a candidate or ballot
measure within the six months prior to that election.
(5) A donor who makes a contribution described in paragraph (1)
shall be identified and reported by the multipurpose organization
receiving the contribution in accordance with regulations adopted by
the Commission.
(6) For purposes of this subdivision, "multipurpose organization"
means a nonprofit organization, a federal or out-of-state political
action committee, or a local club focusing on educational or social
activities.
SEC. 4. Section 82016 of the Government Code is amended to read:
82016. (a) "Controlled committee" means a committee that is
controlled directly or indirectly by a candidate or state measure
proponent or that acts jointly with a candidate, controlled
committee, or state measure proponent in connection with the making
of expenditures. A candidate or state measure proponent controls a
committee if he or she, his or her agent, or any other committee he
or she controls has a significant influence on the actions or
decisions of the committee. A committee controlled by a
candidate elected to office is a controlled committee within the
meaning of this section for the duration of the candidate's entire
term of office .
(b) Notwithstanding subdivision (a), a political party committee,
as defined in Section 85205, is not a controlled committee.
SEC. 5. Section 84101 of the Government Code is amended to read:
84101. (a) A committee that is a committee by virtue of
subdivision (a) of Section 82013 shall file a statement of
organization. The committee shall file the original of the statement
of organization with the Secretary of State and shall also file a
copy of the statement of organization with the local filing officer,
if any, with whom the committee is required to file the originals of
its campaign reports pursuant to Section 84215. The original and copy
of the statement of organization shall be filed within 10 days after
the committee has qualified as a committee. The Secretary of State
shall assign a number to each committee that files a statement of
organization and shall notify the committee of the number. The
Secretary of State shall send a copy of statements filed pursuant to
this section to the county elections official of each county that he
or she deems appropriate. A county elections official who receives a
copy of a statement of organization from the Secretary of State
pursuant to this section shall send a copy of the statement to the
clerk of each city in the county that he or she deems appropriate.
(b) In addition to filing the statement of organization as
required by subdivision (a), if a committee qualifies as a committee
under subdivision (a) of Section 82013 before the date of an election
in connection with which the committee is required to file
preelection statements, but after the closing date of the last
campaign statement required to be filed before the election pursuant
to Section 84200.7, 84200.8, or 84200.9, the committee shall file, by
facsimile transmission, guaranteed overnight delivery, or personal
delivery within 24 hours of qualifying as a committee, the
information required to be reported in the statement of organization.
The information required by this subdivision shall be filed with the
filing officer with whom the committee is required to file the
originals of its campaign reports pursuant to Section 84215.
(c) If an independent expenditure committee qualifies as a
committee pursuant to subdivision (a) of Section 82013 during the
time period described in Section 82036.5 and makes independent
expenditures of one thousand dollars ($1,000) or more to support or
oppose a candidate or candidates for office, the committee shall
file, by facsimile transmission, online transmission, guaranteed
overnight delivery, or personal delivery within 24 hours of
qualifying as a committee, the information required to be reported in
the statement of organization. The information required by this
section shall be filed with the filing officer with whom the
committee is required to file the original of its campaign reports
pursuant to Section 84215, and shall be filed at all locations
required for the candidate or candidates supported or opposed by the
independent expenditures. The filings required by this section are in
addition to filings that may be required by Sections 84203.5 and
84204.
(d) For purposes of this section, in calculating whether
one thousand dollars ($1,000) two thousand dollars
($2,000) in contributions has been received, payments for a
filing fee or for a statement of qualifications to appear in a sample
ballot shall not be included if these payments have been made from
the candidate's personal funds.
SEC. 6. Section 84211 of the Government Code is amended to read:
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)
two hundred fifty dollars ($250) 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)
two hundred fifty dollars ($250) .
(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)
two hundred fifty dollars ($250) 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) If the cumulative amount of loans received from or made to a
person is one hundred dollars ($100) two
hundred fifty dollars ($250) or more, and a loan has been
received from or made to a person during the period covered by the
campaign statement, or is outstanding 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 original date and amount of each loan.
(6) The due date and interest rate of the loan.
(7) The cumulative payment made or received to date at the end of
the reporting period.
(8) The balance outstanding at the end of the reporting period.
(9) The cumulative amount of contributions.
(h) For each person, other than the filer, who is directly,
indirectly, or contingently liable for repayment of a loan received
or outstanding 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 outstanding.
(i) 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.
(j) 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).
(k) 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 to a
candidate, elected officer, or committee or an independent
expenditure to support or oppose a candidate or measure, in addition
to the information required in paragraphs (1) to (4) above, the date
of the contribution or independent expenditure, the cumulative amount
of contributions made to a candidate, elected officer, or committee,
or the cumulative amount of independent expenditures made relative
to a candidate or measure; the full name of the candidate, and the
office and district for which he or she seeks nomination or election,
or 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 five hundred dollars ($500) or
more during the period covered by the campaign statement.
For purposes of subdivisions (i), (j), and (k) 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.
( l ) 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.
(m) If a committee is listed pursuant to subdivision (f), (g),
(h), (k), ( l ), or (q), 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.
(n) In a campaign statement filed by a candidate who is a
candidate in both a state primary and general election, 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 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 (k) 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 (k), 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.
(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 (k), 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 (k),
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 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.
SEC. 7. Section 84215 of the Government Code is amended to read:
84215. All candidates and elected officers and their controlled
committees, except as provided in subdivisions (d) and (e), shall
file one copy of the campaign statements required by Section 84200
with the elections official of the county in which the candidate or
elected official is domiciled, as defined in subdivision (b) of
Section 349 of the Elections Code. In addition, campaign statements
shall be filed at the following places:
(a) Statewide elected officers, including members of the State
Board of Equalization; Members of the Legislature; Supreme Court
justices, court of appeal justices, and superior court judges;
candidates for those offices and their controlled committees;
committees formed or existing primarily to support or oppose these
candidates, elected officers, justices and judges, or statewide
measures, or the qualification of state ballot measures; and all
state general purpose committees and filers not specified in
subdivisions (b) to (e), inclusive, shall file a campaign statement
by online or electronic means, as specified in Section 84605, and
, if not required to file the statement by online or electronic
means, shall file the original and one copy of the campaign
statement in paper format with the Secretary of State.
(b) Elected officers in jurisdictions other than legislative
districts, State Board of Equalization districts, or appellate court
districts that 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 elections official of the county with
the largest number of registered voters in the jurisdiction.
(c) County elected officers, candidates for these 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 (d), and county general purpose committees
shall file the original and one copy with the elections official of
the county.
(d) 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 and are not required to file
with the local elections official of the county in which they are
domiciled.
(e) Elected members of the Board of Administration of the Public
Employees' Retirement System, elected members of the Teachers'
Retirement Board, candidates for these offices, their controlled
committees, and committees formed or existing primarily to support or
oppose these candidates or elected members shall file the original
and one copy with the Secretary of State, and a copy shall be filed
at the relevant board's office in Sacramento. These elected officers,
candidates, and committees need not file with the elections official
of the county in which they are domiciled.
(f) Notwithstanding any other provision of this section, a
committee, candidate, or elected officer is not required to file more
than the original and one copy, or one copy, of a campaign statement
with any one county elections official 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 (a) to (d), inclusive, 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.
SEC. 8. Section 84215.5 is added to the Government Code, to read:
84215.5. A statement or report filed with the Secretary of State
pursuant to this chapter shall be made available to the Commission by
the Secretary of State, upon request of the Commission.
SEC. 9. Section 84605 of the Government Code is amended to read:
84605. (a) The following persons shall file online or
electronically with the Secretary of State:
(1) Any candidate, including superior court, appellate court, and
Supreme Court candidates and officeholders, committee, or other
persons who are required, pursuant to Chapter 4 (commencing with
Section 84100), to file statements, reports, or other documents in
connection with a state elective office or state measure, provided
that the total cumulative reportable amount of contributions
received, expenditures made, loans made, or loans received is
twenty-five thousand dollars ($25,000) or more. In determining the
cumulative reportable amount, all controlled committees, as defined
by Section 82016, shall be included. For a committee subject to this
title prior to January 1, 2000, the beginning date for calculating
cumulative totals is January 1, 2000. For a committee that is first
subject to this title on or after January 1, 2000, the beginning date
for calculating cumulative totals is the date the committee is first
subject to this title. A committee, as defined in subdivision (c) of
Section 82013, shall file online or electronically if it makes
contributions of twenty-five thousand dollars ($25,000) or more in a
calendar year.
(2) Any general purpose committees, as defined in Section 82027.5,
including the general purpose committees of political parties, and
small contributor committees, as defined in Section 85203, that
cumulatively receive contributions or make expenditures totaling
twenty-five thousand dollars ($25,000) or more to support or oppose
candidates for any elective state office or state measure. For a
committee subject to this title prior to January 1, 2000, the
beginning date for calculating cumulative totals is January 1, 2000.
For a committee that first is subject to this title on or after
January 1, 2000, the beginning date for calculating cumulative totals
is the date the committee is first subject to this title.
(3) Any slate mailer organization with cumulative reportable
payments received or made for the purposes of producing slate mailers
of twenty-five thousand dollars ($25,000) or more. For a slate
mailer organization subject to this title prior to January 1, 2000,
the beginning date for calculating cumulative totals is January 1,
2000. For a slate mailer organization that first is subject to this
title on or after January 1, 2000, the beginning date for calculating
cumulative totals is the date the organization is first subject to
this title.
(4) Any lobbyist, lobbying firm, lobbyist employer, or other
persons required, pursuant to Chapter 6 (commencing with Section
86100), to file statements, reports, or other documents, provided
that the total amount of any category of reportable payments,
expenses, contributions, gifts, or other items is two thousand five
hundred dollars ($2,500) or more in a calendar quarter.
(b) The Secretary of State shall also disclose on the Internet any
late contribution or late independent expenditure report, as defined
by Sections 84203 and 84204, respectively, not covered by paragraph
(1), (2), or (3) of subdivision (a) or any other provision of law.
(c) Committees and other persons that are not required to file
online or electronically by this section may do so voluntarily.
(d) Once a person or entity is required to file online or
electronically, subject to subdivision (a) or (c), the person or
entity shall be required to file all subsequent reports online or
electronically.
(e) It shall be presumed that online or electronic filers file
under penalty of perjury.
(f) Persons filing online or electronically shall also
not be required to continue to file required
disclosure statements and reports in paper format . The
paper copy shall continue to be the official filing for audit and
other legal purposes until the Secretary of State, pursuant to
Section 84606, determines the system is operating securely and
effectively with the Secretary of State. However, an
original paper copy shall be filed with the Secretary of State during
any period of time for which the online or electronic
system operated by the Secretary of State is malfunctioning,
unavailable, or otherwise not capable of receiving online or
electronically filed disclosure statements and reports .
(g) The Secretary of State shall maintain at all times a secured,
official version of all original online and electronically filed
statements and reports required by this chapter. Upon determination
by the Secretary of State, pursuant to Section 84606, that the system
is operating securely and effectively, this online or electronic
version shall be the official version for audit and other legal
purposes.
(h) Except for statements related to a local elective office or a
local ballot measure filed by a candidate for local elective office
who is also a candidate for elective state office, a copy of a
statement, report, or other document filed by online or electronic
means with the Secretary of State shall not be filed with a local
filing officer.
SEC. 10. Section 85201 of the Government Code is amended to read:
85201. (a) Upon the filing of the statement of intention pursuant
to Section 85200, the individual shall establish one campaign
contribution account at an office of a financial institution located
in the state.
(b) As required by subdivision (f) of Section 84102, a candidate
who raises contributions of one thousand dollars ($1,000)
two thousand dollars ($2,000) or more in a
calendar year shall set forth the name and address of the financial
institution where the candidate has established a campaign
contribution account and the account number on the committee
statement of organization filed pursuant to Sections 84101 and 84103.
(c) All contributions or loans made to the candidate, to a person
on behalf of the candidate, or to the candidate's controlled
committee shall be deposited in the account.
(d) Any personal funds which will be utilized to promote the
election of the candidate shall be deposited in the account prior to
expenditure.
(e) All campaign expenditures shall be made from the account.
(f) Subdivisions (d) and (e) do not apply to a candidate's payment
for a filing fee and statement of qualifications from his or her
personal funds.
(g) This section does not apply to a candidate who will not
receive contributions and who makes expenditures from personal funds
of less than one thousand dollars ($1,000) two
thousand dollars ($2,000) in a calendar year to support his or
her candidacy. For purposes of this section, a candidate's payment
for a filing fee and statement of qualifications shall not be
included in calculating the total expenditures made.
(h) An individual who raises contributions from others for his or
her campaign, but who raises or spends less than one
thousand dollars ($1,000) two thousand dollars
($2,000) in a calendar year, and does not qualify as a
committee under Section 82013, shall establish a campaign
contribution account pursuant to subdivision (a), but is not required
to file a committee statement of organization pursuant to Section
84101 or other statement of bank account information.
SEC. 11. Section 86119 is added to the Government Code, to read:
86119. A registration or report filed with the Secretary of State
pursuant to this chapter shall be made available to the Commission
by the Secretary of State, upon request of the Commission.
SEC. 12. Section 89519 of the Government Code is amended to read:
89519. (a) Upon the 90th day after leaving any elected
office, or at the 90th day following
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).
(b) Surplus campaign funds shall be used only for the following
purposes:
(1) The payment of outstanding campaign debts or elected officer's
expenses.
(2) The repayment of contributions.
(3) 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.
(4) Contributions to a political party committee, provided the
campaign funds are not used to support or oppose candidates for
elective office. However, the campaign funds may be used by a
political party committee to conduct partisan voter registration,
partisan get-out-the-vote activities, and slate mailers as that term
is defined in Section 82048.3.
(5) 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.
(6) 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 from an
election contest or recount.
(c) For purposes of this section, 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 Commission . The report to
the commission Commission shall include
the date that the candidate or elected officer informed the law
enforcement agency of the threat, the name and the telephone 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 become surplus campaign funds.
The candidate or elected officer shall reimburse the surplus 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 became surplus campaign funds. 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.
SEC. 13. Section 90003 of the Government Code is amended to read:
90003. In (a) In
addition to the audits and investigations required by Section
90001, the Franchise Tax Board and the commission
Commission may make investigations and audits with respect
to any reports or statements required by Chapter 4 (commencing with
Section 84100), Chapter 5 (commencing with Section 85100), or Chapter
6 (commencing with Section 86100).
(b) (1) Nothing in this chapter shall be construed to prohibit the
Commission from undertaking any audit authorized by this section
prior to the date of the election or prior to the date upon which the
report or statement is required to be filed. A candidate or
committee shall, during the audit, make all relevant records
available for immediate review by the Commission.
(2) A person who is subject to an audit authorized by this section
may contest the performance of the audit or an order issued by the
Commission as a result of an audit by seeking a writ of mandate.
Venue for the proceeding shall be exclusively in the County of
Sacramento. The action shall be given priority over all other civil
matters.
(3) In addition to any other remedies available to the Commission,
including injunctive relief pursuant to Section 91003, the
Commission may seek an injunction pursuant to Title 7 (commencing
with Section 501) of Part 2 of the Code of Civil Procedure to compel
a person who is subject to an audit authorized by this section to
cooperate with the Commission in the performance of the audit or to
compel compliance with an order of the Commission resulting from the
audit. Notwithstanding any other law, an appeal of an injunction
issued in favor of the Commission shall not result in a mandatory
stay pending the resolution of the appeal. A stay of an injunction
pending resolution of the appeal may be ordered at the discretion of
the court issuing the injunction.
SEC. 14. Section 90005 of the Government Code is amended to read:
90005. No member, employee , or agent of the Franchise
Tax Board or the Commission shall divulge or make known
in any manner any particulars of any record, documents, or
information which he receives by virtue of this chapter, except in
furtherance of the work of the Franchise Tax Board or in connection
with any court proceeding or any lawful investigation of any agency.
SEC. 15. Section 91003 of the Government Code is amended to read:
91003. (a) Any person residing in the jurisdiction ,
including the Commission, may sue for injunctive relief to
enjoin violations or to compel compliance with the provisions of this
title. The court may in its discretion require any plaintiff other
than the commission Commission to file
a complaint with the commission Commission
prior to seeking injunctive relief. The court may award to a
plaintiff or defendant who prevails his costs of litigation,
including reasonable attorney's fees.
(b) Upon a preliminary showing in an action brought by a person
residing in the jurisdiction that a violation of Article 1
(commencing with Section 87100), Article 4 (commencing with Section
87400), or Article 4.5 (commencing with Section 87450) of Chapter 7
of this title or of a disqualification provision of a Conflict of
Interest Code has occurred, the court may restrain the execution of
any official action in relation to which such a violation occurred,
pending final adjudication. If it is ultimately determined that a
violation has occurred and that the official action might not
otherwise have been taken or approved, the court may set the official
action aside as void. The official actions covered by this
subsection include, but are not limited to orders, permits,
resolutions and contracts, but do not include the enactment of any
state legislation. In considering the granting of preliminary or
permanent relief under this subsection, the court shall accord due
weight to any injury that may be suffered by innocent persons relying
on the official action.
SEC. 16. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
SEC. 17. The Legislature finds and declares that this bill
furthers the purposes of the Political Reform Act of 1974 within the
meaning of subdivision (a) of Section 81012 of the Government Code.