BILL NUMBER: SB 1103 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 7, 2014
AMENDED IN ASSEMBLY JULY 1, 2014
AMENDED IN ASSEMBLY JUNE 17, 2014
AMENDED IN SENATE MAY 27, 2014
AMENDED IN SENATE MAY 15, 2014
INTRODUCED BY Senator Padilla
FEBRUARY 19, 2014
An act to add Section 85201.5 to the Government Code, relating to
the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
SB 1103, as amended, Padilla. Political Reform Act of 1974:
candidacy for elective state office.
The Political Reform Act of 1974 requires an individual to file a
statement of intention to be a candidate for an elective office,
signed under penalty of perjury, prior to soliciting or receiving a
contribution or loan. The act requires the individual to establish
one campaign contribution account, as specified, upon filing the
statement of intention to be a candidate.
This bill would provide that, if an individual files a statement
of intention to be a candidate for elective state office, the filing
of a subsequent statement of intention to be a candidate for a
different elective state office that is to be voted upon at
the same election would effect a revocation of the prior
statement of intention to be a candidate, except as
provided, and the individual would thereafter be prohibited
from soliciting or receiving a contribution or loan for the elective
state office for which he or she previously filed a statement of
intention to be a candidate. The bill would prohibit an individual
from filing, and the Secretary of State from accepting, a statement
of intention to be a candidate for an Assembly, Senate, or other
constitutional office at an election other than the next election or
next 2 regularly scheduled elections at which that office will appear
on the ballot, as specified. This bill would prohibit an
elected state officer or candidate for elective state office who has
filed statements of intention to be a candidate for multiple elective
state offices that are to be voted upon at separate elections from
having more than 2 campaign contribution accounts open simultaneously
for purposes of receiving contributions in connection with those
elective state offices.
A violation of the act's provisions is punishable as a
misdemeanor. By expanding the scope of an existing crime, this bill
would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
The Political Reform Act of 1974, an initiative measure, provides
that the Legislature may amend the act to further the act's purposes
upon a 2/3 vote of each house and compliance with specified
procedural requirements.
This bill would declare that it furthers the purposes of the act.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 85201.5 is added to the Government Code, to
read:
85201.5. (a) If (1)
(A) Except as provided in paragraph (2), if
an individual has previously filed a statement of intention to
be a candidate for an elective state office pursuant to Section
85200, the subsequent filing of a statement of intention to be a
candidate for a different elective state office to be voted
upon at the same election shall constitute a revocation of
the previously filed statement of intention to be a candidate, and
the individual shall not thereafter solicit or receive a contribution
or loan for the elective state office for which he or she previously
filed a statement of intention to be a candidate.
(B) A revocation pursuant to this paragraph shall become effective
31 days after the filing of a subsequent statement of intention to
be a candidate for a different elective state office.
(C) If a revocation pursuant to this paragraph becomes effective,
any remaining funds in the campaign contribution account associated
with the revoked statement of intention to be a candidate shall be
treated as surplus funds pursuant to Section 89519.
(2) If a candidate for the office of Member of the Assembly files
a subsequent statement of intention to be a candidate for the office
of state Senator or any office identified in subdivision (f) of
Section 14 of Article V of the California Constitution, and that
office is to be voted upon at a separate election, the filing of the
subsequent statement of intention to be a candidate shall not
constitute a revocation of the previously filed statement of
intention to be a candidate.
(b) An individual shall not file, and the Secretary of State shall
not accept, either of the following:
(1) A statement of intention to be a candidate for the office of
Member of the Assembly at an election other than the next two
regularly scheduled elections at which that office will appear on the
ballot.
(2) A statement of intention to be a candidate for an elective
state office other than the office of Member of the Assembly at an
election other than the next regularly scheduled election at which
that elective state office will appear on the ballot.
(c) Notwithstanding Section 85201, an elected state officer or
candidate for elective state office who has filed statements of
intention to be a candidate for multiple elective state offices that
are to be voted upon at separate elections shall in no event have
more than two campaign contribution accounts open simultaneously for
purposes of receiving contributions in connection with those elective
state offices.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because 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.
SEC. 3. 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.