Bill Text: CA SB1103 | 2013-2014 | Regular Session | Amended
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-Amended.html
BILL NUMBER: SB 1103 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 14, 2014
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 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.
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) (1) (A)
Except as provided in paragraph (2), if 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)
(2) A revocation pursuant to this paragraph
subdivision 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)
(3) If a revocation pursuant to this paragraph
subdivision 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.
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.
