Bill Text: CA AB594 | 2015-2016 | Regular Session | Chaptered
Bill Title: Political Reform Act of 1974: campaign statements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-09-30 - Chaptered by Secretary of State - Chapter 364, Statutes of 2015. [AB594 Detail]
Download: California-2015-AB594-Chaptered.html
BILL NUMBER: AB 594 CHAPTERED
BILL TEXT
CHAPTER 364
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2015
APPROVED BY GOVERNOR SEPTEMBER 30, 2015
PASSED THE SENATE AUGUST 31, 2015
PASSED THE ASSEMBLY SEPTEMBER 1, 2015
AMENDED IN SENATE AUGUST 17, 2015
AMENDED IN SENATE JUNE 29, 2015
AMENDED IN ASSEMBLY APRIL 7, 2015
INTRODUCED BY Assembly Member Gordon
FEBRUARY 24, 2015
An act to amend Sections 82013, 82036, 82036.5, 84101, 84103,
84200.6, 84206, 84207, 84218, and 85201 of, to repeal Sections
84200.7, 84202.5, and 84203.5 of, and to repeal and add Section
84200.5 of, the Government Code, relating to the Political Reform Act
of 1974.
LEGISLATIVE COUNSEL'S DIGEST
AB 594, Gordon. Political Reform Act of 1974: campaign statements.
Existing law, the Political Reform Act of 1974, provides for the
comprehensive regulation of campaign financing, including requiring
the reporting of campaign contributions and expenditures and imposing
other reporting and recordkeeping requirements on campaign
committees. The act requires elected officers, candidates, and
committees to file various reports, including semiannual reports,
preelection statements, and supplemental preelection statements.
This bill would recast the requirements for filing preelection
statements and would repeal other reporting requirements, including
supplemental preelection statements and supplemental independent
expenditure reports.
The act defines "committee" to include a person or combination of
persons who receives contributions or makes independent expenditures
of $1,000 or more in a calendar year. The act defines "late
contributions" and "late independent expenditures" for purposes of
the act to include certain contributions and independent
expenditures, respectively, that are made within 90 days before the
date of the election.
This bill would revise the definition of "committee" by increasing
the qualifying monetary threshold to $2,000 for contributions
received by a person or combination of persons.
This bill would revise the definitions of "late contributions" and
"late independent expenditures" to specify that those terms also
include contributions and independent expenditures that are made on
the date of the election.
The bill would also make conforming changes.
A violation of the act's provisions is punishable as a
misdemeanor. By expanding the scope of a 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 82013 of the Government Code is amended to
read:
82013. "Committee" means any person or combination of persons who
directly or indirectly does any of the following:
(a) Receives contributions totaling two thousand dollars ($2,000)
or more in a calendar year.
(b) Makes independent expenditures totaling one thousand dollars
($1,000) or more in a calendar year; or
(c) Makes contributions totaling ten thousand dollars ($10,000) or
more in a calendar year to or at the behest of candidates or
committees.
A person or combination of persons that becomes a committee shall
retain its status as a committee until such time as that status is
terminated pursuant to Section 84214.
SEC. 2. Section 82036 of the Government Code is amended to read:
82036. "Late contribution" means any of the following:
(a) A contribution, including a loan, that totals in the aggregate
one thousand dollars ($1,000) or more and is made to or received by
a candidate, a controlled committee, or a committee formed or
existing primarily to support or oppose a candidate or measure during
the 90-day period preceding the date of the election, or on the date
of the election, at which the candidate or measure is to be voted
on. For purposes of the Board of Administration of the Public
Employees' Retirement System and the Teachers' Retirement Board, "the
date of the election" is the deadline to return ballots.
(b) A contribution, including a loan, that totals in the aggregate
one thousand dollars ($1,000) or more and is made to or received by
a political party committee, as defined in Section 85205, within 90
days before the date of a state election or on the date of the
election.
SEC. 3. Section 82036.5 of the Government Code is amended to read:
82036.5. "Late independent expenditure" means an independent
expenditure that totals in the aggregate one thousand dollars
($1,000) or more and is made for or against a specific candidate or
measure involved in an election during the 90-day period preceding
the date of the election or on the date of the election. For purposes
of the Board of Administration of the Public Employees' Retirement
System and the Teachers' Retirement Board, "the date of the election"
is the deadline to return ballots.
SEC. 4. Section 84101 of the Government Code is amended to read:
84101. (a) A committee that is a committee by virtue of
subdivision (a) of Section 82013 shall file a statement of
organization. The committee shall file the original of the statement
of organization with the Secretary of State and shall also file a
copy of the statement of organization with the local filing officer,
if any, with whom the committee is required to file the originals of
its campaign reports pursuant to Section 84215. The original and copy
of the statement of organization shall be filed within 10 days after
the committee has qualified as a committee. The Secretary of State
shall assign a number to each committee that files a statement of
organization and shall notify the committee of the number. The
Secretary of State shall send a copy of statements filed pursuant to
this section to the county elections official of each county that he
or she deems appropriate. A county elections official who receives a
copy of a statement of organization from the Secretary of State
pursuant to this section shall send a copy of the statement to the
clerk of each city in the county that he or she deems appropriate.
(b) In addition to filing the statement of organization as
required by subdivision (a), if a committee qualifies as a committee
under subdivision (a) of Section 82013 before the date of an election
in connection with which the committee is required to file
preelection statements, but after the closing date of the last
campaign statement required to be filed before the election pursuant
to Section 84200.8 or 84200.9, the committee shall file, by facsimile
transmission, online transmission, guaranteed overnight delivery, or
personal delivery within 24 hours of qualifying as a committee, the
information required to be reported in the statement of organization.
The information required by this subdivision shall be filed with the
filing officer with whom the committee is required to file the
originals of its campaign reports pursuant to Section 84215.
(c) If an independent expenditure committee qualifies as a
committee pursuant to subdivision (a) of Section 82013 during the
time period described in Section 82036.5 and makes independent
expenditures of one thousand dollars ($1,000) or more to support or
oppose a candidate or candidates for office, the committee shall
file, by facsimile transmission, online transmission, guaranteed
overnight delivery, or personal delivery within 24 hours of
qualifying as a committee, the information required to be reported in
the statement of organization. The information required by this
section shall be filed with the filing officer with whom the
committee is required to file the original of its campaign reports
pursuant to Section 84215, and shall be filed at all locations
required for the candidate or candidates supported or opposed by the
independent expenditures. The filings required by this section are in
addition to filings that may be required by Section 84204.
(d) For purposes of this section, in calculating whether two
thousand dollars ($2,000) in contributions has been received,
payments for a filing fee or for a statement of qualifications to
appear in a sample ballot shall not be included if these payments
have been made from the candidate's personal funds.
SEC. 5. Section 84103 of the Government Code is amended to read:
84103. (a) If there is a change in any of the information
contained in a statement of organization, an amendment shall be filed
within 10 days to reflect the change. The committee shall file the
original of the amendment with the Secretary of State and shall also
file a copy of the amendment with the local filing officer, if any,
with whom the committee is required to file the originals of its
campaign reports pursuant to Section 84215.
(b) In addition to filing an amendment to a statement of
organization as required by subdivision (a), a committee as defined
in subdivision (a) of Section 82013 shall, by facsimile transmission,
online transmission, guaranteed overnight delivery, or personal
delivery within 24 hours, notify the filing officer with whom it is
required to file the originals of its campaign reports pursuant to
Section 84215 if the change requiring the amendment occurs before the
date of the election in connection with which the committee is
required to file a preelection statement, but after the closing date
of the last preelection statement required to be filed for the
election pursuant to Section 84200.8, if any of the following
information is changed:
(1) The name of the committee.
(2) The name of the treasurer or other principal officers.
(3) The name of any candidate or committee by which the committee
is controlled or with which it acts jointly.
The notification shall include the changed information, the date
of the change, the name of the person providing the notification, and
the committee's name and identification number.
A committee may file a notification online only if the appropriate
filing officer is capable of receiving the notification in that
manner.
SEC. 6. Section 84200.5 of the Government Code is repealed.
SEC. 7. Section 84200.5 is added to the Government Code, to read:
84200.5. In addition to the campaign statements required by
Section 84200, elected officers, candidates, and committees shall
file preelection statements as follows:
(a) All candidates appearing on the ballot to be voted on at the
next election, their controlled committees, and committees primarily
formed to support or oppose an elected officer, candidate, or a
measure appearing on the ballot to be voted on at the next election
shall file the applicable preelection statements specified in Section
84200.8.
(b) All elected state officers and candidates for elective state
office who are not appearing on the ballot at the next statewide
primary or general election, and who, during the preelection
reporting periods covered by Section 84200.8, contribute to any
committee required to report receipts, expenditures, or contributions
pursuant to this title, or make an independent expenditure of five
hundred dollars ($500) or more in connection with the statewide
primary or general election, shall file the applicable preelection
statements specified in Section 84200.8.
(c) A state or county general purpose committee formed pursuant to
subdivision (a) of Section 82013, other than a political party
committee as defined in Section 85205, shall file the applicable
preelection statements specified in Section 84200.8 if it makes
contributions or independent expenditures totaling five hundred
dollars ($500) or more in connection with the statewide primary or
general election during the period covered by the preelection
statements. However, a state or county general purpose committee
formed pursuant to subdivision (b) or (c) of Section 82013 is not
required to file the preelection statements specified in Section
84200.8.
(d) A political party committee as defined in Section 85205 shall
file the applicable preelection statements specified in Section
84200.8 in connection with a state election if the committee receives
contributions totaling one thousand dollars ($1,000) or more, or if
it makes contributions or independent expenditures totaling five
hundred dollars ($500) or more, in connection with the election
during the period covered by the preelection statement.
(e) A city general purpose committee formed pursuant to
subdivision (a) of Section 82013 shall file the applicable
preelection statements specified in Section 84200.8 if it makes
contributions or independent expenditures totaling five hundred
dollars ($500) or more in connection with a city election in the
committee's jurisdiction during the period covered by the preelection
statements. However, a city general purpose committee formed
pursuant to subdivision (b) or (c) of Section 82013 is not required
to file the preelection statements specified in Section 84200.8.
(f) During an election period for the Board of Administration of
the Public Employees' Retirement System or the Teachers' Retirement
Board:
(1) All candidates for these boards, their controlled committees,
and committees primarily formed to support or oppose the candidates
shall file the preelection statements specified in Section 84200.9.
(2) A state or county general purpose committee formed pursuant to
subdivision (a) of Section 82013 shall file the preelection
statements specified in Section 84200.9 if it makes contributions or
independent expenditures totaling five hundred dollars ($500) or more
during the period covered by the preelection statement to support or
oppose a candidate, or a committee primarily formed to support or
oppose a candidate on the ballot for the Board of Administration of
the Public Employees' Retirement System or the Teachers' Retirement
Board.
(3) However, a general purpose committee formed pursuant to
subdivision (b) or (c) of Section 82013 is not required to file the
statements specified in Section 84200.9.
SEC. 8. Section 84200.6 of the Government Code is amended to read:
84200.6. In addition to the campaign statements required by
Sections 84200 and 84200.5, all candidates and committees shall file
the following special statements and reports:
(a) Late contribution reports, when required by Section 84203.
(b) Late independent expenditure reports, when required by Section
84204.
SEC. 9. Section 84200.7 of the Government Code is repealed.
SEC. 10. Section 84202.5 of the Government Code is repealed.
SEC. 11. Section 84203.5 of the Government Code is repealed.
SEC. 12. Section 84206 of the Government Code is amended to read:
84206. (a) The commission shall provide by regulation for a short
form for filing reports required by this article for candidates or
officeholders who receive contributions of less than two thousand
dollars ($2,000), and who make expenditures of less than two thousand
dollars ($2,000), in a calendar year.
(b) For the purposes of this section, in calculating whether two
thousand dollars ($2,000) in expenditures have been made, payments
for a filing fee or for a statement of qualification shall not be
included if these payments have been made from the candidate's
personal funds.
(c) Every candidate or officeholder who has filed a short form
pursuant to subdivision (a), and who thereafter receives
contributions or makes expenditures totaling two thousand dollars
($2,000) or more in a calendar year, shall send written notification
to the Secretary of State, the local filing officer, and each
candidate contending for the same office within 48 hours of receiving
or expending a total of two thousand dollars ($2,000). The written
notification shall revoke the previously filed short form statement.
SEC. 13. Section 84207 of the Government Code is amended to read:
84207. (a) An elected member of, or a candidate for election to,
a county central committee of a qualified political party who
receives contributions of less than two thousand dollars ($2,000) and
who makes expenditures of less than two thousand dollars ($2,000) in
a calendar year shall not be required to file any campaign
statements required by this title.
(b) Notwithstanding Sections 81009.5 and 81013, a local government
agency shall not impose any filing requirements on an elected member
of, or a candidate for election to, a county central committee of a
qualified political party who receives contributions of less than two
thousand dollars ($2,000) and who makes expenditures of less than
two thousand dollars ($2,000) in a calendar year.
SEC. 14. Section 84218 of the Government Code is amended to read:
84218. (a) A slate mailer organization shall file semiannual
campaign statements no later than July 31 for the period ending June
30, and no later than January 31 for the period ending December 31.
(b) In addition to the semiannual statements required by
subdivision (a), a slate mailer organization which produces a slate
mailer supporting or opposing candidates or measures being voted on
in an election shall file the statements specified in Section 84200.8
if, during the period covered by the preelection statement, the
slate mailer organization receives payments totaling five hundred
dollars ($500) or more from any person for the support of or
opposition to candidates or ballot measures in one or more slate
mailers, or expends five hundred dollars ($500) or more to produce
one or more slate mailers.
(c) A slate mailer organization shall file two copies of its
campaign reports with the clerk of the county in which it is
domiciled. A slate mailer organization is domiciled at the address
listed on its statement of organization unless it is domiciled
outside California, in which case its domicile shall be deemed to be
Los Angeles County for purposes of this section.
In addition, slate mailer organizations shall file campaign
reports as follows:
(1) A slate mailer organization which produces one or more slate
mailers supporting or opposing candidates or measures voted on in a
state election, or in more than one county, shall file campaign
reports in the same manner as state general purpose committees
pursuant to subdivision (a) of Section 84215.
(2) A slate mailer organization which produces one or more slate
mailers supporting or opposing candidates or measures voted on in
only one county, or in more than one jurisdiction within one county,
shall file campaign reports in the same manner as county general
purpose committees pursuant to subdivision (c) of Section 84215.
(3) A slate mailer organization which produces one or more slate
mailers supporting or opposing candidates or measures voted on in
only one city shall file campaign reports in the same manner as city
general purpose committees pursuant to subdivision (d) of Section
84215.
(4) Notwithstanding the above, no slate mailer organization shall
be required to file more than the original and one copy, or two
copies, of a campaign report with any one county or city clerk or
with the Secretary of State.
SEC. 15. Section 85201 of the Government Code is amended to read:
85201. (a) Upon the filing of the statement of intention pursuant
to Section 85200, the individual shall establish one campaign
contribution account at an office of a financial institution located
in the state.
(b) As required by subdivision (f) of Section 84102, a candidate
who raises contributions of two thousand dollars ($2,000) or more in
a calendar year shall set forth the name and address of the financial
institution where the candidate has established a campaign
contribution account and the account number on the committee
statement of organization filed pursuant to Sections 84101 and 84103.
(c) All contributions or loans made to the candidate, to a person
on behalf of the candidate, or to the candidate's controlled
committee shall be deposited in the account.
(d) Any personal funds which will be utilized to promote the
election of the candidate shall be deposited in the account prior to
expenditure.
(e) All campaign expenditures shall be made from the account.
(f) Subdivisions (d) and (e) do not apply to a candidate's payment
for a filing fee and statement of qualifications from his or her
personal funds.
(g) This section does not apply to a candidate who will not
receive contributions and who makes expenditures from personal funds
of less than two thousand dollars ($2,000) in a calendar year to
support his or her candidacy. For purposes of this section, a
candidate's payment for a filing fee and statement of qualifications
shall not be included in calculating the total expenditures made.
(h) An individual who raises contributions from others for his or
her campaign, but who raises or spends less than two thousand dollars
($2,000) in a calendar year, and does not qualify as a committee
under Section 82013, shall establish a campaign contribution account
pursuant to subdivision (a), but is not required to file a committee
statement of organization pursuant to Section 84101 or other
statement of bank account information.
SEC. 16. 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. 17. 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.
