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 of any a 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) Upon the filing of the
a statement of intention to be a candidate
pursuant to Section 85200, the an
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 funds which that
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.