Bill Text: CA AB1693 | 2021-2022 | Regular Session | Introduced

California Assembly Bill 1693 (Prior Session Legislation)

Introduced

Bill Title: Recall elections: contribution limits.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2022-02-03 - Referred to Com. on ELECTIONS. [AB1693 Detail]

Download: California-2021-AB1693-Introduced.html

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 1693

Introduced by Assembly Member Seyarto
(Coauthor: Assembly Member Davies)
(Coauthor: Senator Wilk)

January 25, 2022

An act to amend Section 85315 of the Government Code, relating to recall elections.

LEGISLATIVE COUNSEL'S DIGEST

AB 1693, as introduced, Seyarto. Recall elections: contribution limits.

The Political Reform Act of 1974, with certain exceptions, prohibits a person from making to a candidate for elective office, and prohibits the candidate from accepting from that person, a contribution totaling more than a specified amount per election. The act authorizes an elected officer to create a committee to oppose the qualification of a recall measure and the recall election, without regard to the campaign contribution limits. A violation of the act’s provisions is punishable as a misdemeanor.

This bill would require an elected state officer to comply with the contribution limits for campaign contributions to oppose a recall. Because violation of these contribution limits would be a crime, the bill would impose a state-mandated local program by expanding the scope of a crime.

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 of the Legislature 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 Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

Section 85315 of the Government Code is amended to read:

85315.

(a) (1) Notwithstanding any other provision of this chapter, an elected state, county, or city officer may establish a committee to oppose the qualification of a recall measure, and the recall election. This committee may be established when the elected state, county, or city officer receives a notice of intent to recall pursuant to Section 11021 of the Elections Code. ~~An elected state, county,~~

(2) (A) An elected county or city officer may accept campaign contributions to oppose the qualification of a recall measure, and if qualification is successful, the recall election, without regard to the campaign contribution limits set forth in this chapter. ~~The~~

(B) An elected state officer is subject to the contribution limits set forth in this chapter for campaign contributions to oppose the qualification of a recall measure and the recall election.

(3) For an elected county or city officer, the voluntary expenditure limits do not apply to expenditures made to oppose the qualification of a recall measure or to oppose the recall election. For an elected state officer, the voluntary expenditure limits apply to expenditures made to oppose the qualification of a recall measure or to oppose the recall election.

(b) After the failure of a recall petition or after the recall election, the committee formed by the elected state, county, or city officer shall wind down its activities and dissolve. Any remaining funds shall be treated as surplus funds and shall be expended within 30 days after the failure of the recall petition or after the recall election for a purpose specified in subdivision (b) of Section 89519.

(c) This section does not apply in a jurisdiction in which the county or city imposes a limit on contributions pursuant to Section 85702.5.

~~(d)This section shall become operative on January 1, 2021.~~

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.