Bill Text: CA SB1103 | 2013-2014 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Political Reform Act of 1974: candidacy for elective state office.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-08-29 - Re-referred to Com. on RLS. [SB1103 Detail]
Download: California-2013-SB1103-Introduced.html
Bill Title: Political Reform Act of 1974: candidacy for elective state office.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-08-29 - Re-referred to Com. on RLS. [SB1103 Detail]
Download: California-2013-SB1103-Introduced.html
BILL NUMBER: SB 1103 INTRODUCED BILL TEXT INTRODUCED BY Senator Padilla FEBRUARY 19, 2014 An act to amend Sections 85200 and 85201 of the Government Code, relating to the Political Reform Act of 1974. LEGISLATIVE COUNSEL'S DIGEST SB 1103, as introduced, 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, 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 elective state office at an election other than the election at which that elective state office will next appear on the ballot. 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 85200 of the Government Code is amended to read: 85200. (a) Prior to the solicitation or receipt ofanya contribution or loan, an individual who intends to be a candidate for an elective state office, as that term is defined by Section 82024, shall file with the Secretary of State an original statement, signed under penalty of perjury, of intention to be a candidate for a specific office. (1) If an individual has previously filed a statement of intention to be a candidate for an elective state office, 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 th e 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. (2) An individual shall not file, and the Secretary of State shall not accept, a statement of intention to be a candidate for an elective state office at an election other than the election at which that elective state office will next appear on the ballot.An(b) An individual who intends to be a candidate for any other elective office shall file the statement of intention to be a candidate with the same filing officer and in the same location as the individual would file an original campaign statement pursuant to subdivisions (b), (c), and (d) of Section 84215.For(c) For purposes of this section, "contribution" and "loan" do not include any payments from the candidate's personal funds for a candidate filing fee or a candidate statement of qualifications fee. SEC. 2. Section 85201 of the Government Code is amended to read: 85201. (a) Uponthefilingof thea statement of intention to be a candidate pursuant to Section 85200,thean individual shall establish one campaign contribution account at an office of a financial institution located in the state. If an individual has established campaign contribution accounts for multiple elective state offices that are to be voted upon at the same election, the individual shall deposit contributions only into the campaign contribution account associated with the most recently filed statement of intention to be a candidate. (b) As required by subdivision (f) of Section 84102, a candidate who raises contributions of one thousand dollars ($1,000) 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 fundswhichthat 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) 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) 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. 3. 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. 4. 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.