Bill Text: CA AB1043 | 2019-2020 | Regular Session | Chaptered
Bill Title: Political Reform Act of 1974: campaign funds: cybersecurity.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-07-01 - Chaptered by Secretary of State - Chapter 46, Statutes of 2019. [AB1043 Detail]
Download: California-2019-AB1043-Chaptered.html
Assembly Bill
No. 1043
CHAPTER 46
An act to add Section 89517.6 to the Government Code, relating to the Political Reform Act of 1974.
[
Approved by
Governor
July 01, 2019.
Filed with
Secretary of State
July 01, 2019.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 1043, Irwin.
Political Reform Act of 1974: campaign funds: cybersecurity.
The Political Reform Act of 1974 regulates the use of campaign funds held by candidates for elective office, elected officers, and campaign committees. The act generally prohibits the use of campaign funds for payment or reimbursement for the lease of real property or for the purchase, lease, or refurbishment of any appliance or equipment if the lessee or sublessor is, or the legal title resides in, a specified individual, such as a candidate, elected officer, or a member of the candidate or officer’s immediate family. Notwithstanding that prohibition, existing law authorizes the use of campaign funds to pay or reimburse the state for the costs of installing and monitoring an electronic security system in a candidate or elected officer’s home or office, as specified.
This bill would authorize the expenditure of campaign funds to pay for, or
reimburse the state for, the installation and monitoring of hardware, software, and services related to the cybersecurity of the electronic devices of a candidate, elected officer, or campaign worker. The bill would require a candidate or elected officer to report any expenditure of campaign funds for these purposes to the Fair Political Practices Commission in the candidate or elected officer’s campaign statements. The bill would make related findings and declarations.
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 of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) The integrity of state and local officials’ political campaigns is of critical importance to ensuring free and fair elections in the state.
(b) Officeholders, candidates, and those assisting with campaigns have become targets of efforts to breach the confidentiality, integrity, and availability of electronic devices with sensitive campaign information.
(c) On December 13, 2018, the Federal Election Commission adopted Advisory Opinion 2018-15, which concluded that it is permissible under the Federal Election Campaign Act (52 U.S.C. Sec. 30101 et
seq.) for federal officeholders to use campaign funds to pay for cybersecurity protection for personal devices and accounts.
(d) State and local officials in California are similarly situated to federal officeholders as high-value targets for hacking and other cyberattacks.
(e) Clarity in California law regarding the propriety of using campaign funds for cybersecurity is necessary to ensure officeholders and candidates take appropriate action to secure themselves and their campaigns.
