Bill Text: CA SB1107 | 2015-2016 | Regular Session | Chaptered
Bill Title: Political Reform Act of 1974.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2016-09-29 - Chaptered by Secretary of State. Chapter 837, Statutes of 2016. [SB1107 Detail]
Download: California-2015-SB1107-Chaptered.html
BILL NUMBER: SB 1107 CHAPTERED
BILL TEXT
CHAPTER 837
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2016
APPROVED BY GOVERNOR SEPTEMBER 29, 2016
PASSED THE SENATE AUGUST 31, 2016
PASSED THE ASSEMBLY AUGUST 30, 2016
AMENDED IN ASSEMBLY AUGUST 15, 2016
AMENDED IN ASSEMBLY JUNE 30, 2016
AMENDED IN ASSEMBLY JUNE 21, 2016
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Allen
(Principal coauthor: Senator Hancock)
(Principal coauthor: Assembly Member Chiu)
(Coauthor: Assembly Member Gonzalez)
FEBRUARY 17, 2016
An act to amend Section 85300 of, and to add Section 89519.5 to,
the Government Code, relating to the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
SB 1107, Allen. Political Reform Act of 1974.
Existing law prohibits a person who has been convicted of a felony
involving bribery, embezzlement of public money, extortion or theft
of public money, perjury, or conspiracy to commit any of those
crimes, from being considered a candidate for, or elected to, a state
or local elective office. Existing law, the Political Reform Act of
1974, provides that campaign funds under the control of a former
candidate or elected officer are considered surplus campaign funds at
a prescribed time, and it prohibits the use of surplus campaign
funds except for specified purposes.
This bill would prohibit an officeholder who is convicted of one
of those enumerated felonies from using funds held by that
officeholder's candidate controlled committee for purposes other than
certain purposes permitted for the use of surplus campaign funds.
The bill would also require the officeholder to forfeit any remaining
funds held 6 months after the conviction became final, and it would
direct those funds to be deposited in the General Fund.
The Political Reform Act of 1974 prohibits a public officer from
expending, and a candidate from accepting, public moneys for the
purpose of seeking elective office.
This bill would permit a public officer or candidate to expend or
accept public moneys for the purpose of seeking elective office if
the state or a local governmental entity established a dedicated fund
for this purpose, as specified.
A violation of the act's provisions is punishable as a
misdemeanor. By expanding the scope of an existing 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. The Legislature finds and declares all of the
following:
(a) All citizens should be able to make their voices heard in the
political process and hold their elected officials accountable.
(b) Elections for local or state elective office should be fair,
open, and competitive.
(c) The increasing costs of political campaigns can force
candidates to rely on large contributions from wealthy donors and
special interests, which can give those wealthy donors and special
interests disproportionate influence over governmental decisions.
(d) Such disproportionate influence can undermine the public's
trust that public officials are performing their duties in an
impartial manner and that government is serving the needs and
responding to the wishes of all citizens equally, without regard to
their wealth.
(e) Special interests contribute more to incumbents than
challengers because they seek access to elected officials, and such
contributions account for a large portion of the financial incumbency
advantage, as confirmed by recent studies such as those published in
the Journal of Politics in 2014 and Political Research Quarterly in
2016.
(f) Citizen-funded election programs, in which qualified
candidates can receive public funds for the purpose of communicating
with voters rather than relying exclusively on private donors, have
been enacted in six charter cities in California, as well as numerous
other local and state jurisdictions.
(g) Citizen-funded election programs encourage competition by
reducing the financial advantages of incumbency and making it
possible for citizens from all walks of life, not only those with
connections to wealthy donors or special interests, to run for
office, as confirmed by recent studies such as those published in
State Politics and Policy Quarterly in 2008, and by the Campaign
Finance Institute in 2015 and the National Institute of Money in
State Politics in 2016.
(h) By reducing reliance on wealthy donors and special interests,
citizen-funded election programs inhibit improper practices, protect
against corruption or the appearance of corruption, and protect the
political integrity of our governmental institutions.
(i) In Johnson v. Bradley (1992) 4 Cal.4th 389, the California
Supreme Court commented that "it seems obvious that public money
reduces rather than increases the fund raising pressures on public
office seekers and thereby reduces the undue influence of special
interest groups."
(j) In Buckley v. Valeo (1976) 424 U.S. 1, the United States
Supreme Court recognized that "public financing as a means of
eliminating the improper influence of large private contributions
furthers a significant governmental interest."
(k) In Arizona Free Enterprise v. Bennett (2011) 564 U.S. 721, the
United States Supreme Court acknowledged that public financing of
elections "can further 'significant governmental interest s]'
such as the state interest in preventing corruption," quoting Buckley
v. Valeo.
(l) In Buckley v. Valeo, the United States Supreme Court further
noted that citizen-funded elections programs "facilitate and enlarge
public discussion and participation in the electoral process, goals
vital to a self-governing people."
(m) The absolute prohibition on public campaign financing allows
special interests to gain disproportionate influence and unfairly
favors incumbents. An exception should be created to permit
citizen-funded election programs so that elections may be conducted
more fairly.
SEC. 2. Section 85300 of the Government Code is amended to read:
85300. (a) Except as provided in subdivision (b), a public
officer shall not expend, and a candidate shall not accept, any
public moneys for the purpose of seeking elective office.
(b) A public officer or candidate may expend or accept public
moneys for the purpose of seeking elective office if the state or a
local governmental entity establishes a dedicated fund for this
purpose by statute, ordinance, resolution, or charter, and both of
the following are true:
(1) Public moneys held in the fund are available to all qualified,
voluntarily participating candidates for the same office without
regard to incumbency or political party preference.
(2) The state or local governmental entity has established
criteria for determining a candidate's qualification by statute,
ordinance, resolution, or charter.
SEC. 3. Section 89519.5 is added to the Government Code, to read:
89519.5. (a) An officeholder who is convicted of a felony
enumerated in Section 20 of the Elections Code, and whose conviction
has become final, shall use funds held by the officeholder's
candidate controlled committee only for the following purposes:
(1) The payment of outstanding campaign debts or elected officer's
expenses.
(2) The repayment of contributions.
(b) Six months after the conviction becomes final, the
officeholder shall forfeit any remaining funds subject to subdivision
(a), and these funds shall be deposited in the General Fund.
(c) This section does not apply to funds held by a ballot measure
committee or in a legal defense fund formed pursuant to Section
85304.
SEC. 4. The provisions of this bill are severable. If any
provision of this bill or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
SEC. 5. 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. 6. 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.
