Bill Text: CA SB1352 | 2021-2022 | Regular Session | Amended

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Bill Title: Political Reform Act of 1974: preelection statements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2022-08-11 - August 11 hearing: Held in committee and under submission. [SB1352 Detail]

Download: California-2021-SB1352-Amended.html

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Amended  IN  Assembly  June 22, 2022

Amended  IN  Senate  April 06, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill

No. 1352

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Introduced by Senator Allen

February 18, 2022

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An act to amend Section 85309 84200.8 of the Government Code, relating to the Political Reform Act of 1974.

LEGISLATIVE COUNSEL'S DIGEST

SB 1352, as amended, Allen. Political Reform Act of 1974: reporting contributions. preelection statements.

The Political Reform Act of 1974 imposes various requirements on elected officers, candidates for elective office, and committees. Among these requirements, the act requires certain persons and committees to file preelection statements disclosing the contributions and expenditures made in connection with specified elections at specified times before the election.

This bill would require an additional preelection statement to be filed no later than 70 days before the election, for the period ending 75 days before the election. By expanding the scope of existing crimes with respect to reporting requirements under the Political Reform Act of 1974, the bill would impose a state-mandated local program.

The Political Reform Act of 1974 imposes various requirements on candidates for elective office and committees with respect to reporting contributions. Among these requirements, the act requires a candidate for elective state office and a committee primarily formed to support or oppose a state ballot measure, as specified, to file a report online or electronically with the Secretary of State disclosing the receipt of a contribution of $5,000 or more received at any time prior to 90 days before an election. The act requires the report to be filed within 10 business days of receipt of the contribution. A violation of the act’s reporting requirements is punishable as a misdemeanor and subject to specified penalties.

This bill would require a candidate for elective state office and a committee primarily formed to support or oppose such a candidate, as specified, to file a report disclosing the receipt of a contribution of $2,500 or more at any time prior to 90 days before an election, and to do so within 5 business days of receipt. By expanding the scope of existing crimes with respect to reporting requirements under the Political Reform Act of 1974, 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 of the Legislature and compliance with specified procedural requirements.

This bill would declare that it furthers the purposes of the act.

Digest Key

Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

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

SECTION 1.

 Section 84200.8 of the Government Code, as amended by Section 2 of Chapter 984 of the Statutes of 1986, is amended to read:

84200.8.

 Preelection statements shall be filed under this section as follows:

(a) For the period ending 75 days before the election, the statement shall be filed no later than 70 days before the election.

(a)

(b) For the period ending 45 days before the election, the statement shall be filed no later than 40 days before the election.

(b)

(c) For the period ending 17 days before the election, the statement shall be filed no later than 12 days before the election. All candidates being voted upon in the election in connection with which the statement is filed, their controlled committees, and committees formed primarily to support or oppose a candidate or measure being voted upon in that election shall file this statement by guaranteed overnight delivery service or by personal delivery.

(c)

(d) For runoff elections held within 60 days of the qualifying election, an additional preelection statement for the period ending 17 days before the runoff election shall be filed no later than 12 days before the election. All candidates being voted upon in the election in connection with which the statement is filed, their controlled committees, and committees formed primarily to support or oppose a candidate or measure being voted upon in that election shall file this statement by guaranteed overnight delivery service or personal delivery.

SEC. 2.

 Section 84200.8 of the Government Code, as amended by Section 13 of Chapter 662 of the Statutes of 2018, is amended to read:

84200.8.

 Preelection statements shall be filed under this section as follows:

(a)  For the period ending 75 days before the election, the statement shall be filed no later than 70 days before the election.

(a)

(b) For the period ending 45 days before the election, the statement shall be filed no later than 40 days before the election.

(b)

(c) For the period ending 17 days before the election, the statement shall be filed no later than 12 days before the election.

(c)

(d) For runoff elections held within 60 days of the qualifying election, an additional preelection statement for the period ending 17 days before the runoff election shall be filed no later than 12 days before the election.

(d)

(e) All candidates being voted on in the election in connection with which the statement is filed, their controlled committees, and committees formed primarily to support or oppose a candidate or measure being voted on in that election shall file the statement due 12 days before the election in subdivisions (b) (c) and (c) (d) online or electronically, if required or, for a city or county committee filing in paper format, by guaranteed overnight delivery service or personal delivery.

SECTION 1.Section 85309 of the Government Code is amended to read:

85309.

(a)In addition to any other report required by this title, a candidate for elective state office who is required to file reports pursuant to Section 84605 shall file online or electronically with the Secretary of State a report disclosing receipt of a contribution of one thousand dollars ($1,000) or more received during an election cycle. Those reports shall disclose the same information required by subdivision (a) of Section 84203 and shall be filed within 24 hours of receipt of the contribution.

(b)In addition to any other report required by this title, any committee primarily formed to support or oppose one or more state ballot measures that is required to file reports pursuant to Section 84605 shall file online or electronically with the Secretary of State a report disclosing receipt of a contribution of one thousand dollars ($1,000) or more received during an election cycle. Those reports shall disclose the same information required by subdivision (a) of Section 84203 and shall be filed within 24 hours of receipt of the contribution.

(c)(1)This subdivision applies to a candidate for elective state office and a committee primarily formed to support or oppose a candidate for elective state office who is required to file reports online or electronically with the Secretary of State pursuant to Section 84605.

(2)In addition to any other report required by this title, a person specified in paragraph (1) shall file online or electronically with the Secretary of State a report disclosing receipt of a contribution of two thousand five hundred dollars ($2,500) or more received at any time other than during an election cycle. Those reports shall disclose the same information required by subdivision (a) of Section 84203 and shall be filed within 5 business days of receipt of the contribution.

(d)In addition to any other report required by this title, a committee primarily formed to support or oppose a state ballot measure that is required to file reports pursuant to Section 84605 shall file online or electronically with the Secretary of State a report disclosing receipt of a contribution of five thousand dollars ($5,000) or more received at any time other than during an election cycle. Those reports shall disclose the same information required by subdivision (a) of Section 84203 and shall be filed within 10 business days of receipt of the contribution.

SEC. 2.SEC. 3.

 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. 4.

 Section 2 of this act shall not become operative until the date that the Secretary of State certifies an online filing and disclosure system pursuant to paragraph (7) of subdivision (b) of Section 84602 of the Government Code.

SEC. 3.SEC. 5.

 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.