Bill Text: CA AB2523 | 2015-2016 | Regular Session | Amended
Bill Title: Local elective offices: contribution limitations.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2016-11-30 - Died on Senate inactive file. [AB2523 Detail]
Download: California-2015-AB2523-Amended.html
BILL NUMBER: AB 2523 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 15, 2016
AMENDED IN SENATE AUGUST 1, 2016
AMENDED IN SENATE JUNE 14, 2016
AMENDED IN ASSEMBLY MAY 31, 2016
AMENDED IN ASSEMBLY APRIL 19, 2016
AMENDED IN ASSEMBLY APRIL 6, 2016
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Member Mullin
(Coauthor: Assembly Member Gonzalez)
FEBRUARY 19, 2016
An act to amend and repeal Sections 35177 and 72029 of the
Education Code, to amend and repeal Sections 10003, 10202, and 10544
of the Elections Code, and to amend Section 85301 of, to amend,
repeal, and add Sections 85305, 85306, 85307, 85315, 85316, 85317,
and 85318 of, and to add Section 85702.5 to, the Government Code,
relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 2523, as amended, Mullin. Local elective offices: contribution
limitations.
The Political Reform Act of 1974 prohibits a person, other than a
small contributor committee or political party committee, from making
to a candidate for elective state office, for statewide elective
office, or for office of the Governor, and prohibits those candidates
from accepting from a person, a contribution totaling more than a
specified amount per election. For a candidate for elective state
office other than a candidate for statewide elective office, the
limitation on contributions is $3,000 per election, as that amount is
adjusted by the Fair Political Practices Commission in January of
every odd-numbered year.
Existing law authorizes a county, city, or district to limit
campaign contributions in local elections. Existing law authorizes
the governing board of a school district or of a community college
district to limit campaign expenditures or contributions in elections
to district offices. The act specifies that it does not prevent the
Legislature or any other state or local agency from imposing
additional requirements on a person if the requirements do not
prevent the person from complying with the act, and that the act does
not nullify contribution limitations or prohibitions by any local
jurisdiction that apply to elections for local elective office, as
specified.
This bill, commencing January 1, 2018, instead would prohibit a
person from making to a candidate for local elective office, and
would prohibit a candidate for local elective office from accepting
from a person, a contribution totaling more than the amount set forth
in the act for limitations on contributions to a
candidate for elective state office. This bill would also
authorize a county, city, special district, or school district to
impose a limitation that is different from the limitation imposed by
this bill. This bill would repeal the authorization for the governing
board of a school district or of a community college district to
limit campaign expenditures in elections to district offices. This
bill would make specified provisions of the act relating to
contribution limitations applicable to a candidate for a local
elective office, except as specified.
The act makes a violation of its provisions punishable as a
misdemeanor and subject to specified penalties.
This bill would add the contribution limitation imposed by the
bill to the act's provisions, thereby making a violation of the
limitation punishable as a misdemeanor and subject to specified
penalties. However, the bill would specify that a violation of a
limitation imposed by a local government is not subject to the act's
enforcement provisions. The bill would authorize a local government
that imposes a limitation that is different from the limitation
imposed by this bill to adopt enforcement standards for a violation
of the limitation imposed by the local government agency, including
administrative, civil, or criminal penalties. By expanding the scope
of an existing crime with regard to a violation of a contribution
limitation imposed by the bill, the 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. The Legislature finds and declares all of the
following:
(a) Most states impose limitations on contributions to candidates
for local elective offices. California is among the minority of
states without these contribution limitations.
(b) Most local governments in this state have not independently
imposed limitations on contributions to candidates for local elective
offices.
(c) In local jurisdictions in this state that have not imposed
limitations on contributions, candidates for local elective offices
often receive contributions that would exceed the limitations for a
state Senate campaign, even though most local jurisdictions contain
far fewer people than the average state Senate district.
(d) In local jurisdictions in this state that have not imposed
limitations on contributions, candidates for local elective office
sometimes raise 40 percent or more of their total campaign funds from
a single contributor.
(e) A system allowing unlimited contributions to a candidate for
local elective office creates the risk and the perception that local
elected officials are beholden to their contributors and will act in
the best interest of those contributors at the expense of the people.
(f) This state has a statewide interest in preventing actual
corruption and the appearance of corruption at all levels of
state government.
(g) This act establishes a limitation on contributions to a
candidate for local elective office in a jurisdiction in which the
local government has not established a limitation. However, a local
government may establish a different limitation that is more
precisely tailored to the needs of its communities.
SEC. 2. Section 35177 of the Education Code is amended to read:
35177. (a) The governing board of a district may by resolution
limit campaign expenditures or contributions in elections to district
offices.
(b) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 3. Section 72029 of the Education Code is amended to read:
72029. (a) The governing board of a community college district
may by resolution limit campaign expenditures or contributions in
elections to district offices.
(b) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 4. Section 10003 of the Elections Code is amended to read:
10003. (a) A county may by ordinance or resolution limit campaign
contributions in county elections.
(b) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 5. Section 10202 of the Elections Code is amended to read:
10202. (a) A city may, by ordinance or resolution, limit campaign
contributions in municipal elections.
(b) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 6. Section 10544 of the Elections Code is amended to read:
10544. (a) A governing body of a district may, by resolution,
limit campaign contributions in elections to district offices.
(b) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 7. Section 85301 of the Government Code is amended to read:
85301. (a) A person, other than a small contributor committee or
political party committee, may not make to a candidate for elective
state office other than a candidate for statewide elective office,
and a candidate for elective state office other than a candidate for
statewide elective office may not accept from a person, a
contribution totaling more than three thousand dollars ($3,000) per
election.
(b) Except to a candidate for Governor, a person, other than a
small contributor committee or political party committee, may not
make to a candidate for statewide elective office, and except a
candidate for Governor, a candidate for statewide elective office may
not accept from a person other than a small contributor committee or
a political party committee, a contribution totaling more than five
thousand dollars ($5,000) per election.
(c) A person, other than a small contributor committee or
political party committee, may not make to a candidate for Governor,
and a candidate for Governor may not accept from any person other
than a small contributor committee or political party committee, a
contribution totaling more than twenty thousand dollars ($20,000) per
election.
(d) (1) A person may not make to a candidate for local elective
office, and a candidate for local elective office may not accept from
a person, a contribution totaling more than the amount set forth in
subdivision (a) per election. election, as
that amount is adjusted by the commission pursuant to
Section 83124. This subdivision shall not apply in a
jurisdiction in which the local government imposes a limit on
contributions pursuant to Section 85702.5.
(2) This subdivision shall not become operative until January 1,
2018.
(e) The provisions of this section do not apply to a candidate's
contributions of his or her personal funds to his or her own
campaign.
SEC. 8. Section 85305 of the Government Code is amended to read:
85305. (a) A candidate for elective state office or committee
controlled by that candidate may not make a contribution to any other
candidate for elective state office in excess of the limits set
forth in subdivision (a) of Section 85301.
(b) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 9. Section 85305 is added to the Government Code, to read:
85305. (a) A candidate for elective office or committee
controlled by that candidate may not make a contribution to any other
candidate for elective office in excess of the limits set forth in
subdivision (a) of Section 85301. This section shall not apply in a
jurisdiction in which the local government imposes a limit on
contributions pursuant to Section 85702.5.
(b) This section shall become operative on January 1, 2018.
SEC. 10. Section 85306 of the Government Code is amended to read:
85306. (a) A candidate may transfer campaign funds from one
controlled committee to a controlled committee for elective state
office of the same candidate. Contributions transferred shall be
attributed to specific contributors using a "last in, first out" or
"first in, first out" accounting method, and these attributed
contributions when aggregated with all other contributions from the
same contributor may not exceed the limits set forth in Section 85301
or 85302.
(b) Notwithstanding subdivision (a), a candidate for elective
state office, other than a candidate for statewide elective office,
who possesses campaign funds on January 1, 2001, may use those funds
to seek elective office without attributing the funds to specific
contributors.
(c) Notwithstanding subdivision (a), a candidate for statewide
elective office who possesses campaign funds on November 6, 2002, may
use those funds to seek elective office without attributing the
funds to specific contributors.
(d) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 11. Section 85306 is added to the Government Code, to read:
85306. (a) A candidate may transfer campaign funds from one
controlled committee to a controlled committee for elective office of
the same candidate. Contributions transferred shall be attributed to
specific contributors using a "last in, first out" or "first in,
first out" accounting method, and these attributed contributions when
aggregated with all other contributions from the same contributor
may not exceed the limits set forth in Section 85301 or 85302.
(b) Notwithstanding subdivision (a), a candidate for elective
state office, other than a candidate for statewide elective office,
who possesses campaign funds on January 1, 2001, may use those funds
to seek elective office without attributing the funds to specific
contributors.
(c) Notwithstanding subdivision (a), a candidate for statewide
elective office who possesses campaign funds on November 6, 2002, may
use those funds to seek elective office without attributing the
funds to specific contributors.
(d) This section shall not apply in a jurisdiction in which the
local government imposes a limit on contributions pursuant to Section
85702.5.
(e) This section shall become operative on January 1, 2018.
SEC. 12. Section 85307 of the Government Code is amended to read:
85307. (a) The provisions of this article regarding loans apply
to extensions of credit, but do not apply to loans made to a
candidate by a commercial lending institution in the lender's regular
course of business on terms available to members of the general
public for which the candidate is personally liable.
(b) Notwithstanding subdivision (a), a candidate for elective
state office may not personally loan to his or her campaign,
including the proceeds of a loan obtained by the candidate from a
commercial lending institution, an amount, the outstanding balance of
which exceeds one hundred thousand dollars ($100,000). A candidate
may not charge interest on any loan he or she made to his or her
campaign.
(c) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 13. Section 85307 is added to the Government Code, to read:
85307. (a) The provisions of this article regarding loans apply
to extensions of credit, but do not apply to loans made to a
candidate by a commercial lending institution in the lender's regular
course of business on terms available to members of the general
public for which the candidate is personally liable.
(b) Notwithstanding subdivision (a), a candidate for elective
office may not personally loan to his or her campaign, including the
proceeds of a loan obtained by the candidate from a commercial
lending institution, an amount, the outstanding balance of which
exceeds one hundred thousand dollars ($100,000). A candidate may not
charge interest on any loan he or she made to his or her campaign.
This subdivision shall not apply to a jurisdiction in which the local
government imposes a limit on contributions pursuant to Section
85702.5.
(c) This section shall become operative on January 1, 2018.
SEC. 14. Section 85315 of the Government Code is amended to read:
85315. (a) Notwithstanding any other provision of this chapter,
an elected state 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 officer receives
a notice of intent to recall pursuant to Section 11021 of the
Elections Code. An elected state 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 contributions limits set forth in this chapter. The
voluntary expenditure limits do not 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 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 shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 15. Section 85315 is added to the Government Code, to read:
85315. (a) Notwithstanding any other provision of this chapter,
an elected 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 officer receives a
notice of intent to recall pursuant to Section 11021 of the Elections
Code. An elected 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
contributions limits set forth in this chapter. The voluntary
expenditure limits do not 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 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 shall not apply in a jurisdiction in which the
local government imposes a limit on contributions pursuant to Section
85702.5.
(d) This section shall become operative on January 1, 2018.
SEC. 16. Section 85316 of the Government Code is amended to read:
85316. (a) Except as provided in subdivision (b), a contribution
for an election may be accepted by a candidate for elective state
office after the date of the election only to the extent that the
contribution does not exceed net debts outstanding from the election,
and the contribution does not otherwise exceed the applicable
contribution limit for that election.
(b) Notwithstanding subdivision (a), an elected state officer may
accept contributions after the date of the election for the purpose
of paying expenses associated with holding the office provided that
the contributions are not expended for any contribution to any state
or local committee. Contributions received pursuant to this
subdivision shall be deposited into a bank account established solely
for the purposes specified in this subdivision.
(1) No person shall make, and no elected state officer shall
receive from a person, a contribution pursuant to this subdivision
totaling more than the following amounts per calendar year:
(A) Three thousand dollars ($3,000) in the case of an elected
state officer of the Assembly or Senate.
(B) Five thousand dollars ($5,000) in the case of a statewide
elected state officer other than the Governor.
(C) Twenty thousand dollars ($20,000) in the case of the Governor.
(2) No elected state officer shall receive contributions pursuant
to paragraph (1) that, in the aggregate, total more than the
following amounts per calendar year:
(A) Fifty thousand dollars ($50,000) in the case of an elected
state officer of the Assembly or Senate.
(B) One hundred thousand dollars ($100,000) in the case of a
statewide elected state officer other than the Governor.
(C) Two hundred thousand dollars ($200,000) in the case of the
Governor.
(3) Any contribution received pursuant to this subdivision shall
be deemed to be a contribution to that candidate for election to any
state office that he or she may seek during the term of office to
which he or she is currently elected, including, but not limited to,
reelection to the office he or she currently holds, and shall be
subject to any applicable contribution limit provided in this title.
If a contribution received pursuant to this subdivision exceeds the
allowable contribution limit for the office sought, the candidate
shall return the amount exceeding the limit to the contributor on a
basis to be determined by the Commission. None of the expenditures
made by elected state officers pursuant to this subdivision shall be
subject to the voluntary expenditure limitations in Section 85400.
(4) The commission shall adjust the calendar year contribution
limitations and aggregate contribution limitations set forth in this
subdivision in January of every odd-numbered year to reflect any
increase or decrease in the Consumer Price Index. Those adjustments
shall be rounded to the nearest one hundred dollars ($100).
(c) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 17. Section 85316 is added to the Government Code, to read:
85316. (a) Except as provided in subdivision (b), a contribution
for an election may be accepted by a candidate for elective office
after the date of the election only to the extent that the
contribution does not exceed net debts outstanding from the election,
and the contribution does not otherwise exceed the applicable
contribution limit for that election.
(b) Notwithstanding subdivision (a), an elected state officer may
accept contributions after the date of the election for the purpose
of paying expenses associated with holding the office provided that
the contributions are not expended for any contribution to any state
or local committee. Contributions received pursuant to this
subdivision shall be deposited into a bank account established solely
for the purposes specified in this subdivision.
(1) No person shall make, and no elected state officer shall
receive from a person, a contribution pursuant to this subdivision
totaling more than the following amounts per calendar year:
(A) Three thousand dollars ($3,000) in the case of an elected
state officer of the Assembly or Senate.
(B) Five thousand dollars ($5,000) in the case of a statewide
elected state officer other than the Governor.
(C) Twenty thousand dollars ($20,000) in the case of the Governor.
(2) No elected state officer shall receive contributions pursuant
to paragraph (1) that, in the aggregate, total more than the
following amounts per calendar year:
(A) Fifty thousand dollars ($50,000) in the case of an elected
state officer of the Assembly or Senate.
(B) One hundred thousand dollars ($100,000) in the case of a
statewide elected state officer other than the Governor.
(C) Two hundred thousand dollars ($200,000) in the case of the
Governor.
(3) Any contribution received pursuant to this subdivision shall
be deemed to be a contribution to that candidate for election to any
state office that he or she may seek during the term of office to
which he or she is currently elected, including, but not limited to,
reelection to the office he or she currently holds, and shall be
subject to any applicable contribution limit provided in this title.
If a contribution received pursuant to this subdivision exceeds the
allowable contribution limit for the office sought, the candidate
shall return the amount exceeding the limit to the contributor on a
basis to be determined by the Commission. None of the expenditures
made by elected state officers pursuant to this subdivision shall be
subject to the voluntary expenditure limitations in Section 85400.
(4) The commission shall adjust the calendar year contribution
limitations and aggregate contribution limitations set forth in this
subdivision in January of every odd-numbered year to reflect any
increase or decrease in the Consumer Price Index. Those adjustments
shall be rounded to the nearest one hundred dollars ($100).
(c) This section shall not apply in a jurisdiction in which the
local government imposes a limit on contributions pursuant to Section
85702.5.
(d) This section shall become operative on January 1, 2018.
SEC. 18. Section 85317 of the Government Code is amended to read:
85317. (a) Notwithstanding subdivision (a) of Section 85306, a
candidate for elective state office may carry over contributions
raised in connection with one election for elective state office to
pay campaign expenditures incurred in connection with a subsequent
election for the same elective state office.
(b) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 19. Section 85317 is added to the Government Code, to read:
85317. (a) Notwithstanding subdivision (a) of Section 85306, a
candidate for elective office may carry over contributions raised in
connection with one election for elective office to pay campaign
expenditures incurred in connection with a subsequent election for
the same elective office. This section shall not apply in a
jurisdiction in which the local government imposes a limit on
contributions pursuant to Section 85702.5.
(b) This section shall become operative on January 1, 2018.
SEC. 20. Section 85318 of the Government Code is amended to read:
85318. (a) A candidate for elective state office may raise
contributions for a general election prior to the primary election,
and for a special general election prior to a special primary
election, for the same elective state office if the candidate sets
aside these contributions and uses these contributions for the
general election or special general election. If the candidate for
elective state office is defeated in the primary election or special
primary election, or otherwise withdraws from the general election or
special general election, the general election or special general
election funds shall be refunded to the contributors on a pro rata
basis less any expenses associated with the raising and
administration of general election or special general election
contributions. Notwithstanding Section 85201, candidates for elective
state office may establish separate campaign contribution accounts
for the primary and general elections or special primary and special
general elections.
(b) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 21. Section 85318 is added to the Government Code, to read:
85318. (a) A candidate for elective office may raise
contributions for a general election prior to the primary election,
and for a special general election prior to a special primary
election, for the same elective office if the candidate sets aside
these contributions and uses these contributions for the general
election or special general election. If the candidate for elective
office is defeated in the primary election or special primary
election, or otherwise withdraws from the general election or special
general election, the general election or special general election
funds shall be refunded to the contributors on a pro rata basis less
any expenses associated with the raising and administration of
general election or special general election contributions.
Notwithstanding Section 85201, candidates for elective office may
establish separate campaign contribution accounts for the primary and
general elections or special primary and special general elections.
(b) This section shall not apply in a jurisdiction in which the
local government imposes a limit on contributions pursuant to Section
85702.5.
(c) This section shall become operative on January 1, 2018.
SEC. 22. Section 85702.5 is added to the Government Code, to read:
85702.5. (a) A local government agency may, by ordinance or
resolution, impose a limit on contributions to a candidate for local
elective office that is different from the limit set forth in
subdivision (d) of Section 85301. The limitation may also be imposed
by means of a local initiative measure.
(b) A local government agency that establishes a contribution
limit pursuant to subdivision (a) may adopt enforcement standards for
a violation of that limit, which may include administrative, civil,
or criminal penalties.
(c) The commission shall not be responsible for the administration
or enforcement of a contribution limit adopted pursuant to
subdivision (a).
(d) This section shall become operative on January 1, 2018. A
local government agency's limit on contributions to a candidate for
local elective office that is in effect on the operative date of this
section shall be deemed to be a limit imposed pursuant to
subdivision (a).
SEC. 23. 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. 24. 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.
