Bill Text: CA SB24 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Political Reform Act of 1974: public campaign financing.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Engrossed) 2023-07-06 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (July 5). Re-referred to Com. on APPR. [SB24 Detail]

Download: California-2023-SB24-Amended.html

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Amended  IN  Senate  March 20, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 24

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Introduced by Senator Umberg
(Principal coauthor: Assembly Member Lee)

December 05, 2022

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An act to amend Sections 316, 340, 1000, 1001, 1201, and 1202 of the Elections Code, relating to elections. Section 85300 of, and to add Section 85300.5 to, the Government Code, relating to the Political Reform Act of 1974.

LEGISLATIVE COUNSEL'S DIGEST

SB 24, as amended, Umberg. Elections: statewide direct primary. Political Reform Act of 1974: public campaign financing.

Existing law, 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. The bill would prohibit the public moneys for this dedicated fund from being taken from public moneys that are earmarked for education, transportation, or public safety. This restriction would not apply to charter cities.

The Political Reform Act of 1974, an initiative measure, provides that the act may be amended by a statute that becomes effective upon approval of the voters.

This bill would require the Secretary of State to submit the provisions of the bill to the voters for approval at the November 5, 2024, statewide election, as specified.

Existing law requires the statewide direct primary election to be held on the first Tuesday after the first Monday in March in each even-numbered year that is evenly divisible by four. Existing law requires the presidential primary election to be consolidated with this statewide direct primary election and to be held on the same date.

This bill would change the date of the presidential primary and consolidated statewide direct primary described above to an unspecified date.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: NO  

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Bill Text

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), Section 85300.5, 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 85300.5 is added to the Government Code, to read:

85300.5.

 (a) 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.

(b) (1) No public moneys for the dedicated fund described in subdivision (a) may be taken from public moneys that are earmarked for education, transportation, or public safety.

(2) This subdivision shall not apply to charter cities.

SEC. 4.

 The provisions of this act are severable. If any provision of this act 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.

 Notwithstanding Section 9040 of the Elections Code or any other provision of law, the Secretary of State shall, pursuant to subdivision (b) of Section 81012 of the Government Code, submit Sections 2 and 3 of this act to the voters for approval at the November 5, 2024, statewide general election.

SECTION 1.Section 316 of the Elections Code is amended to read:

316.

“Direct primary” is the primary election held on the first Tuesday after the first Monday in June in each even-numbered year that is not evenly divisible by four and on ___ in each even-numbered year that is evenly divisible by four.

SEC. 2.Section 340 of the Elections Code is amended to read:

340.

“Presidential primary” is the primary election that is held on ___ of any year that is evenly divisible by four.

SEC. 3.Section 1000 of the Elections Code is amended to read:

1000.

The established election dates are as follows:

(a) ___ of each even-numbered year that is evenly divisible by four.

(b)The first Tuesday after the first Monday in March of each odd-numbered year.

(c)The second Tuesday of April in each even-numbered year.

(d)The first Tuesday after the first Monday in June in each even-numbered year that is not evenly divisible by four.

(e)The first Tuesday after the first Monday in November of each year.

SEC. 4.Section 1001 of the Elections Code is amended to read:

1001.

The following are statewide elections and their dates are statewide election dates:

(a)An election held in November of an even-numbered year.

(b)An election held in June of an even-numbered year that is not evenly divisible by four and in ___ of each even-numbered year that is evenly divisible by four.

SEC. 5.Section 1201 of the Elections Code is amended to read:

1201.

The statewide direct primary shall be held on the first Tuesday after the first Monday in June of each even-numbered year that is not evenly divisible by four and on ___ in each even-numbered year that is evenly divisible by four.

SEC. 6.Section 1202 of the Elections Code is amended to read:

1202.

The presidential primary shall be consolidated with the statewide direct primary in any year that is evenly divisible by four, and the consolidated primary shall be held on ___.