Bill Text: CA AB571 | 2019-2020 | Regular Session | Amended
Bill Title: Political Reform Act of 1974: contribution limits.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2019-10-08 - Chaptered by Secretary of State - Chapter 556, Statutes of 2019. [AB571 Detail]
Download: California-2019-AB571-Amended.html
Amended
IN
Assembly
March 14, 2019 |
Assembly Bill | No. 571 |
Introduced by Assembly Member Mullin |
February 14, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
The Political Reform Act of 1974 prohibits a person, other than a small contributor committee or political party committee, as defined, from making to any 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 from accepting from a person, a contribution totaling more than $3,000 per election. A candidate for elective state office or committee controlled by that candidate is also prohibited from making a contribution to another candidate for elective state office in excess of this limit.
This bill would make a technical, nonsubstantive change to the latter provision.
Digest Key
Vote:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:SEC. 2.
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.SEC. 3.
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.SEC. 4.
Section 85301 of the Government Code is amended to read:85301.
(a) A person, other than a small contributor committee or political party committee,(d)
SEC. 5.
Section 85305 of the Government Code is amended to read:85305.
(a) A candidate for elective state office or committee controlled by that candidateSEC. 6.
Section 85305 is added to the Government Code, to read:85305.
(a) A candidate for elective office or committee controlled by that candidate shall 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 does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.SEC. 7.
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.SEC. 8.
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 shall not exceed the limits set forth in Section 85301 or 85302.SEC. 9.
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.SEC. 10.
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.SEC. 11.
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.SEC. 12.
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 contribution 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.SEC. 13.
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.SEC. 14.
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.SEC. 15.
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.SEC. 16.
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 does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.SEC. 17.
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.SEC. 18.
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.SEC. 19.
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.SEC. 20.
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. 21.
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.A candidate for elective state office or committee controlled by that candidate shall not make any contribution to any other candidate for elective state office in excess of the limits set forth in subdivision (a) of Section 85301.