Bill Text: CA SB27 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Political Reform Act of 1974.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2014-05-14 - Chaptered by Secretary of State. Chapter 16, Statutes of 2014. [SB27 Detail]

Download: California-2013-SB27-Amended.html
BILL NUMBER: SB 27	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 17, 2014
	AMENDED IN ASSEMBLY  AUGUST 21, 2013
	AMENDED IN ASSEMBLY  AUGUST 7, 2013
	AMENDED IN ASSEMBLY  JULY 2, 2013
	AMENDED IN SENATE  MAY 6, 2013
	AMENDED IN SENATE  APRIL 9, 2013

INTRODUCED BY   Senator Correa
    (   Principal coauthor:   Assembly Member
  Gordon   ) 
    (   Coauthor:   Senator   Pavley
  ) 

                        DECEMBER 3, 2012

   An act to amend Section 9084 of the Elections Code, and to amend
Sections 82015, 82048.7, 84105, and 88001 of, and to add Sections
84222 and 84223 to, the Government Code, relating to the Political
Reform Act of 1974  , and declaring the urgency thereof, to take
effect immediately  .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 27, as amended, Correa. Political Reform Act of 1974.
   (1) 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,
as defined, and imposing other reporting and recordkeeping
requirements on campaign committees, as defined. The Fair Political
Practices Commission administers and enforces the act. A violation of
the act's provisions is punishable as a misdemeanor.
   This bill would revise the definition of "contribution" to include
certain payments made by a person to a multipurpose organization, as
specified.
   This bill would require multipurpose organizations that meet
specified criteria to comply with the registration and campaign
reporting requirements of the act, as specified, including the
disclosure of information relating to the organization's donors.
   This bill would require state ballot measure committees and state
candidate committees that raise $1,000,000 or more for an election to
maintain an accurate list of the committee's top 10 contributors.
This bill would require a committee to provide accurate lists of
these contributors to the Commission, and would require the
Commission to post the top 10 contributor lists on its Internet Web
site, as specified, and to post updates to those lists when
prescribed events occur. The bill would require the Commission to
provide copies of the top 10 contributor lists to the Secretary of
State, at the Secretary of State's request, for purposes of posting
those lists on the Secretary of State's Internet Web site.
   (2) The act requires a candidate or committee that receives
contributions of $5,000 or more from any person to inform the
contributor within 2 weeks that he or she may be subject to the act's
reporting requirements.
   This bill would require that the candidate or committee inform the
contributor within one week for a contribution of $10,000 or more
received during the period in which late contribution reports must be
filed. The bill would also require the notifications to reference
the reporting requirements for multipurpose organizations. 
   By expanding the scope of existing crimes, this bill would impose
a state-mandated local program. 
   (3) Existing law requires the Secretary of State to prepare a
ballot pamphlet that includes specified information with respect to
an election.
   This bill would require the Secretary of State to include in the
ballot pamphlet a written explanation of the top 10 contributor lists
required by the bill, including a description of the Internet Web
sites where those lists would be available to the public.
   (4) 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.
   (5) 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.

   (6) This bill would declare that it is to take effect immediately
as an urgency statute.  
   The bill would delay the operative date of its provisions until
July 1, 2014. 
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Multipurpose organizations, including out-of-state
organizations, are increasing their political activities in
California, and it is important to clarify how disclosure
requirements apply to these organizations to ensure that the public
receives the required information in an accurate, timely, and
transparent manner.
   (b) The Ninth Circuit Court of Appeals, in California Pro-Life
Council, Inc. v. Randolph (9th Cir. 2007) 507 F.3d 1172, upheld the
disclosure of a multipurpose organization's political activities, as
required by regulations of the Fair Political Practices Commission.
   (c) The disclosure of donors to multipurpose organizations that
make contributions or expenditures to support or oppose California
candidates and ballot measures serves the following important
purposes:
   (1) It provides the electorate with information as to where
campaign money comes from, increasing its ability to identify the
supporters of a candidate or ballot measure.
   (2) It deters actual corruption and avoids the appearance of
corruption by providing increased transparency of contributions and
expenditures.
   (3) It is an important means of gathering the information
necessary to detect violations of the Political Reform Act of 1974.
   (d) The people of California have a compelling interest in
receiving clear and easy to use information about who is financing
state ballot measures and candidate independent expenditure
committees.
   (e) It is therefore the intent of the Legislature to strengthen
the laws requiring the disclosure of contributions and expenditures
in California elections by multipurpose organizations and to require
committees that raise or spend one million dollars ($1,000,000) or
more to support or oppose state ballot measures or make independent
expenditures on behalf of a state candidate to disclose a list of
their top 10 contributors on the Internet Web site of the Fair
Political Practices Commission.
  SEC. 2.  Section 9084 of the Elections Code is amended to read:
   9084.  The ballot pamphlet shall contain all of the following:
   (a) A complete copy of each state measure.
   (b) A copy of the specific constitutional or statutory provision,
if any, that each state measure would repeal or revise.
   (c) A copy of the arguments and rebuttals for and against each
state measure.
   (d) A copy of the analysis of each state measure.
   (e) Tables of contents, indexes, art work, graphics, and other
materials that the Secretary of State determines will make the ballot
pamphlet easier to understand or more useful for the average voter.
   (f) A notice, conspicuously printed on the cover of the ballot
pamphlet, indicating that additional copies of the ballot pamphlet
will be mailed by the county elections official upon request.
   (g) A written explanation of the judicial retention procedure as
required by Section 9083.
   (h) The Voter Bill of Rights pursuant to Section 2300.
   (i) If the ballot contains an election for the office of United
States Senator, information on candidates for United States Senator.
A candidate for United States Senator may purchase the space to place
a statement in the state ballot pamphlet that does not exceed 250
words. The statement may not make any reference to any opponent of
the candidate. The statement shall be submitted in accordance with
timeframes and procedures set forth by the Secretary of State for the
preparation of the state ballot pamphlet.
   (j) If the ballot contains a question on the confirmation or
retention of a justice of the Supreme Court, information on justices
of the Supreme Court who are subject to confirmation or retention.
   (k) If the ballot contains an election for the offices of
President and Vice President of the United States, a notice that
refers voters to the Secretary of State's Internet Web site for
information about candidates for the offices of President and Vice
President of the United States.
   (l) A written explanation of the appropriate election procedures
for party-nominated, voter-nominated, and nonpartisan offices as
required by Section 9083.5.
   (m) A written explanation of the top 10 contributor lists required
by Section 84223 of the Government Code, including a description of
the Internet Web sites where those lists are available to the public.

  SEC. 3.  Section 82015 of the Government Code is amended to read:
   82015.  (a) "Contribution" means a payment, a forgiveness of a
loan, a payment of a loan by a third party, or an enforceable promise
to make a payment except to the extent that full and adequate
consideration is received, unless it is clear from the surrounding
circumstances that it is not made for political purposes.
   (b) (1) A payment made at the behest of a committee as defined in
subdivision (a) of Section 82013 is a contribution to the committee
unless full and adequate consideration is received from the committee
for making the payment.
   (2) A payment made at the behest of a candidate is a contribution
to the candidate unless the criteria in either subparagraph (A) or
(B) are satisfied:
   (A) Full and adequate consideration is received from the
candidate.
   (B) It is clear from the surrounding circumstances that the
payment was made for purposes unrelated to his or her candidacy for
elective office. The following types of payments are presumed to be
for purposes unrelated to a candidate's candidacy for elective
office:
   (i) A payment made principally for personal purposes, in which
case it may be considered a gift under the provisions of Section
82028. Payments that are otherwise subject to the limits of Section
86203 are presumed to be principally for personal purposes.
   (ii) A payment made by a state, local, or federal governmental
agency or by a nonprofit organization that is exempt from taxation
under Section 501(c)(3) of the Internal Revenue Code.
   (iii) A payment not covered by clause (i), made principally for
legislative, governmental, or charitable purposes, in which case it
is neither a gift nor a contribution. However, payments of this type
that are made at the behest of a candidate who is an elected officer
shall be reported within 30 days following the date on which the
payment or payments equal or exceed five thousand dollars ($5,000) in
the aggregate from the same source in the same calendar year in
which they are made. The report shall be filed by the elected officer
with the elected officer's agency and shall be a public record
subject to inspection and copying pursuant to subdivision (a) of
Section 81008. The report shall contain the following information:
name of payor, address of payor, amount of the payment, date or dates
the payment or payments were made, the name and address of the
payee, a brief description of the goods or services provided or
purchased, if any, and a description of the specific purpose or event
for which the payment or payments were made. Once the
five-thousand-dollar ($5,000) aggregate threshold from a single
source has been reached for a calendar year, all payments for the
calendar year made by that source must be disclosed within 30 days
after the date the threshold was reached or the payment was made,
whichever occurs later. Within 30 days after receipt of the report,
state agencies shall forward a copy of these reports to the Fair
Political Practices Commission, and local agencies shall forward a
copy of these reports to the officer with whom elected officers of
that agency file their campaign statements.
   (C) For purposes of subparagraph (B), a payment is made for
purposes related to a candidate's candidacy for elective office if
all or a portion of the payment is used for election-related
activities. For purposes of this subparagraph, "election-related
activities" shall include, but are not limited to, the following:
   (i) Communications that contain express advocacy of the nomination
or election of the candidate or the defeat of his or her opponent.
   (ii) Communications that contain reference to the candidate's
candidacy for elective office, the candidate's election campaign, or
the candidate's or his or her opponent's qualifications for elective
office.
   (iii) Solicitation of contributions to the candidate or to third
persons for use in support of the candidate or in opposition to his
or her opponent.
   (iv) Arranging, coordinating, developing, writing, distributing,
preparing, or planning of any communication or activity described in
clause (i), (ii), or (iii).
   (v) Recruiting or coordinating campaign activities of campaign
volunteers on behalf of the candidate.
   (vi) Preparing campaign budgets.
   (vii) Preparing campaign finance disclosure statements.
   (viii) Communications directed to voters or potential voters as
part of activities encouraging or assisting persons to vote if the
communication contains express advocacy of the nomination or election
of the candidate or the defeat of his or her opponent.
   (D) A contribution made at the behest of a candidate for a
different candidate or to a committee not controlled by the behesting
candidate is not a contribution to the behesting candidate.
   (3) A payment made at the behest of a member of the Public
Utilities Commission, made principally for legislative, governmental,
or charitable purposes, is not a contribution. However, payments of
this type shall be reported within 30 days following the date on
which the payment or payments equal or exceed five thousand dollars
($5,000) in the aggregate from the same source in the same calendar
year in which they are made. The report shall be filed by the member
with the Public Utilities Commission and shall be a public record
subject to inspection and copying pursuant to subdivision (a) of
Section 81008. The report shall contain the following information:
name of payor, address of payor, amount of the payment, date or dates
the payment or payments were made, the name and address of the
payee, a brief description of the goods or services provided or
purchased, if any, and a description of the specific purpose or event
for which the payment or payments were made. Once the
five-thousand-dollar ($5,000) aggregate threshold from a single
source has been reached for a calendar year, all payments for the
calendar year made by that source must be disclosed within 30 days
after the date the threshold was reached or the payment was made,
whichever occurs later. Within 30 days after receipt of the report,
the Public Utilities Commission shall forward a copy of these reports
to the Fair Political Practices Commission.
   (c) "Contribution" includes the purchase of tickets for events
such as dinners, luncheons, rallies, and similar fundraising events;
the candidate's own money or property used on behalf of his or her
candidacy other than personal funds of the candidate used to pay
either a filing fee for a declaration of candidacy or a candidate
statement prepared pursuant to Section 13307 of the Elections Code;
the granting of discounts or rebates not extended to the public
generally or the granting of discounts or rebates by television and
radio stations and newspapers not extended on an equal basis to all
candidates for the same office; the payment of compensation by any
person for the personal services or expenses of any other person if
the services are rendered or expenses incurred on behalf of a
candidate or committee without payment of full and adequate
consideration.
   (d) "Contribution" further includes any transfer of anything of
value received by a committee from another committee, unless full and
adequate consideration is received.
   (e) "Contribution" does not include amounts received pursuant to
an enforceable promise to the extent those amounts have been
previously reported as a contribution. However, the fact that those
amounts have been received shall be indicated in the appropriate
campaign statement.
   (f) "Contribution" does not include a payment made by an occupant
of a home or office for costs related to any meeting or fundraising
event held in the occupant's home or office if the costs for the
meeting or fundraising event are five hundred dollars ($500) or less.

   (g) Notwithstanding the foregoing definition of "contribution,"
the term does not include volunteer personal services or payments
made by any individual for his or her own travel expenses if the
payments are made voluntarily without any understanding or agreement
that they shall be, directly or indirectly, repaid to him or her.
   (h) "Contribution" further includes the payment of public moneys
by a state or local governmental agency for a communication to the
public that satisfies both of the following:
   (1) The communication expressly advocates the election or defeat
of a clearly identified candidate or the qualification, passage, or
defeat of a clearly identified measure, or, taken as a whole and in
context, unambiguously urges a particular result in an election.
   (2) The communication is made at the behest of the affected
candidate or committee.
   (i) "Contribution" further includes a payment made by a person to
a multipurpose organization as defined and described in Section
84222.
  SEC. 4.  Section 82048.7 of the Government Code is amended to read:

   82048.7.  (a) "Sponsored committee" means a committee, other than
a candidate controlled committee, that has one or more sponsors. Any
person, except a candidate or other individual, may sponsor a
committee.
   (b) A person sponsors a committee if any of the following apply:
   (1) The committee receives 80 percent or more of its contributions
from the person or its members, officers, employees, or
shareholders.
   (2) The person collects contributions for the committee by use of
payroll deductions or dues from its members, officers, or employees.
   (3) The person, alone or in combination with other organizations,
provides all or nearly all of the administrative services for the
committee.
   (4) The person, alone or in combination with other organizations,
sets the policies for soliciting contributions or making expenditures
of committee funds.
   (c) A sponsor that is a multipurpose organization, as defined in
subdivision (a) of Section 84222, and that makes contributions or
expenditures from its general treasury funds shall comply with
Section 84222.
  SEC. 5.  Section 84105 of the Government Code is amended to read:
   84105.  A candidate or committee that receives contributions of
five thousand dollars ($5,000) or more from any person shall inform
the contributor within two weeks of receipt of the contributions that
he or she may be required to file campaign reports, and shall
include a reference to the filing requirements for multipurpose
organizations under Section 84222. However, a candidate or committee
that receives a contribution of ten thousand dollars ($10,000) or
more from any person during any period in which late contribution
reports are required to be filed pursuant to Section 84203 shall
provide the information to the contributor within one week. The
notification required by this section is not required to be sent to
any contributor who has an identification number assigned by the
Secretary of State issued pursuant to Section 84101.
  SEC. 6.  Section 84222 is added to the Government Code, to read:
   84222.  (a) For purposes of this title, "multipurpose organization"
means an organization described in Sections 501(c)(3) to 501(c)(10),
inclusive, of the Internal Revenue Code and that is exempt from
taxation under Section 501(a) of the Internal Revenue Code, a federal
or out-of-state political organization, a trade association, a
professional association, a civic organization, a religious
organization, a fraternal society, an educational institution, or any
other association or group of persons acting in concert, that is
operating for purposes other than making contributions or
expenditures. "Multipurpose organization" does not include a business
entity, an individual, or a federal candidate's authorized
committee, as defined in Section 431 of Title 2 of the United States
Code, that is registered and filing reports pursuant to the Federal
Election Campaign Act of 1971  (Public Law 92-225)  .
   (b) A multipurpose organization that makes expenditures or
contributions and does not qualify as a committee pursuant to
subdivision (c) may qualify as an independent expenditure committee
or major donor committee if the multipurpose organization satisfies
subdivision (b) or (c) of Section 82013.
   (c) Except as provided in subparagraph (A) of paragraph (5), a
multipurpose organization is a recipient committee within the meaning
of subdivision (a) of Section 82013 only under one or more of the
following circumstances:
   (1) The multipurpose organization is a political committee
registered with the Federal Election Commission, except as provided
in subdivision (a) of this section, or a political committee
registered with another state, and the multipurpose organization
makes contributions or expenditures in this state in an amount equal
to or greater than the amount identified in subdivision (a) of
Section 82013.
   (2) The multipurpose organization solicits and receives payments
from donors in an amount equal to or greater than the amount
identified in subdivision (a) of Section 82013 for the purpose of
making contributions or expenditures.
   (3) The multipurpose organization accepts payments from donors in
an amount equal to or greater than the amount identified in
subdivision (a) of Section 82013 subject to a condition, agreement,
or understanding with the donor that all or a portion of the payments
may be used for making contributions or expenditures.
   (4) The multipurpose organization has existing funds from a donor
and a subsequent agreement or understanding is reached with the donor
that all or a portion of the funds may be used for making
contributions or expenditures in an amount equal to or greater than
the amount identified in subdivision (a) of Section 82013. The date
of the subsequent agreement or understanding is deemed to be the date
of receipt of the payment.
   (5) The multipurpose organization makes contributions or
expenditures totaling more than fifty thousand dollars ($50,000) in a
period of 12 months or more than one hundred thousand dollars
($100,000) in a period of four consecutive calendar years.
   (A) A multipurpose organization shall not qualify as a committee
within the meaning of subdivision (a) of Section 82013 pursuant to
this paragraph if the multipurpose organization makes contributions
or expenditures using only available nondonor funds. A multipurpose
organization that makes contributions or expenditures with nondonor
funds shall briefly describe the source of the funds used on its
major donor or independent expenditure report.
   (B) For purposes of this paragraph, "nondonor funds" means
investment income, including capital gains, or income earned from
providing goods, services, or facilities, whether related or
unrelated to the multipurpose organization's program, sale of assets,
or other receipts that are not donations.
   (d) A multipurpose organization that is a committee pursuant to
paragraph (1) of subdivision (c) shall comply with the registration
and reporting requirements of this chapter, subject to the following:

   (1) The multipurpose organization is not required to comply with
subdivision (k) of Section 84211 for contributions and expenditures
made to influence federal or out-of-state elections, which shall
instead be reported as a single expenditure and be described as such
on the campaign statement.
   (2) A multipurpose organization registered with the Federal
Election Commission is not subject to subdivisions (d) and (f) of
Section 84211 but shall disclose the total amount of contributions
received pursuant to subdivision (a) of Section 84211, and shall
disclose the multipurpose organization's name and identification
number registered with the Federal Election Commission on the
campaign statement.
   (e) (1) A multipurpose organization that is a committee pursuant
to paragraph (2), (3), (4), or (5) of subdivision (c) shall comply
with the registration and reporting requirements of this chapter,
subject to the following, except that if the multipurpose
organization is the sponsor of a committee as described in
subdivision (f) it may report required information on its sponsored
committee statement pursuant to subdivision (f):
   (A) The multipurpose organization shall register in the calendar
year in which it satisfies any of the criteria in subdivision (c).
The statement of organization filed pursuant to Section 84101 shall
indicate that the organization is filing pursuant to this section as
a multipurpose organization and state the organization's nonprofit
tax exempt status, if any. The statement of organization shall also
describe the organization's mission or most significant activities,
and describe the organization's political activities. A multipurpose
organization may comply with the requirement to describe the mission
or significant activities and political activities by referencing
where the organization's Internal Revenue Service Return of
Organization Exempt From Income Tax form may be accessed.
   (B) Except as provided in this subparagraph, the registration of a
multipurpose organization that meets the criteria of paragraph (5)
of subdivision (c) shall terminate automatically on December 31 of
the calendar year in which the multipurpose organization is
registered. The multipurpose organization shall not be required to
file a semiannual statement pursuant to subdivision (b) of Section
84200, unless the multipurpose organization has undisclosed
contributions or expenditures to report, in which case termination
shall occur automatically upon filing the semiannual statement that
is due no later than January 31. After the multipurpose organization'
s registration has terminated, the multipurpose organization's
reporting obligations are complete, unless the organization qualifies
as a committee for purposes of subdivision (a) of Section 82013
again in the following calendar year pursuant to subdivision (c) of
this section. Notwithstanding this subdivision, a multipurpose
organization may elect to remain registered as a committee by
submitting written notification to the Secretary of State prior to
the end of the calendar year.
   (C) A multipurpose organization shall report all contributions
received that satisfy the criteria of paragraph (2), (3), or (4) of
subdivision (c) of this section in the manner required by subdivision
(f) of Section 84211, and for the balance of its contributions or
expenditures shall further report contributors based on a last in,
first out accounting method.
   (2) A multipurpose organization reporting pursuant to this
subdivision shall disclose total contributions received in an amount
equal to the multipurpose organization's total contributions and
expenditures made in the reporting period. When a multipurpose
organization reports donors based on the last in, first out
accounting method, it shall attribute to and include the information
required by subdivision (f) of Section 84211 for any donor who
donates one thousand dollars ($1,000) or more in a calendar year,
except for the following:
   (A) A donor who designates or restricts the donation for purposes
other than contributions or expenditures.
   (B) A donor who prohibits the multipurpose organization's use of
its donation for contributions or expenditures.
   (C) A private foundation, as defined by subdivision (a) of Section
509 of the Internal Revenue Code, that provides a grant that does
not constitute a taxable expenditure for purposes of paragraph (1) or
(2) of subdivision (d) of Section 4945 of the Internal Revenue Code.

   (3) A multipurpose organization that qualifies as a committee
pursuant to paragraph (5) of subdivision (c) shall not be required to
include contributions or expenditures made in a prior calendar year
on the reports filed for the calendar year in which the multipurpose
organization qualifies as a committee.
   (4) A contributor identified and reported in the manner provided
in subparagraph (C) of paragraph (1) that is a multipurpose
organization and receives contributions that satisfy the criteria in
subdivision (c) shall be subject to the requirements of this
subdivision.
   (5) The commission shall adopt regulations establishing notice
requirements and reasonable filing deadlines for donors reported as
contributors based on the last in, first out accounting method.
   (f) A multipurpose organization that is the sponsor of a committee
as defined in Section 82048.7, that is a membership organization,
that makes all of its contributions and expenditures from funds
derived from dues, assessments, fees, and similar payments that do
not exceed ten thousand dollars ($10,000) per calendar year from a
single source, and that elects to report its contributions and
expenditures on its sponsored committee's campaign statement pursuant
to paragraph (1) of subdivision (e) shall report as follows:
   (1) The sponsored committee shall report all contributions and
expenditures made from the sponsor's treasury funds on statements and
reports filed by the committee. The sponsor shall use a last in,
first out accounting method and disclose the information required by
subdivision (f) of Section 84211 for any person who pays dues,
assessments, fees, or similar payments of one thousand dollars
($1,000) or more to the sponsor's treasury funds in a calendar year
and shall disclose all contributions and expenditures made, as
required by subdivision (k) of Section 84211, on the sponsored
committee's campaign statements.
   (2) The sponsored committee shall report all other contributions
and expenditures in support of the committee by the sponsor, its
intermediate units, and the members of those entities. A sponsoring
organization makes contributions and expenditures in support of its
sponsored committee when it provides the committee with money from
its treasury funds, with the exception of establishment or
administrative costs. With respect to dues, assessments, fees, and
similar payments channeled through the sponsor or an intermediate
unit to a sponsored committee, the original source of the dues,
assessments, fees, and similar payments is the contributor.
   (3) A responsible officer of the sponsor, as well as the treasurer
of the sponsored committee, shall verify the committee's campaign
statement pursuant to Section 81004.
   (g) For purposes of this section, "last in, first out accounting
method" means an accounting method by which contributions and
expenditures are attributed to the multipurpose organization's
contributors in reverse
   chronological order beginning with the most recent of its
contributors or, if there are any prior contributions or
expenditures, beginning with the most recent contributor for which
unattributed contributions remain.
  SEC. 7.  Section 84223 is added to the Government Code, to read:
   84223.  (a) A committee primarily formed to support or oppose a
state ballot measure or state candidate that raises one million
dollars ($1,000,000) or more for an election shall maintain an
accurate list of the committee's top 10 contributors, as specified by
Commission regulations. A current list of the top 10 contributors
shall be provided to the Commission for disclosure on the Commission'
s Internet Web site, as provided in subdivision (c).
   (b) (1) Except as provided in paragraph (4), the list of top 10
contributors shall identify the names of the 10 persons who have made
the largest cumulative contributions to the committee, the total
amount of each person's contributions, the city and state of the
person, the person's committee identification number, if any, and any
other information deemed necessary by the Commission. If any of the
top 10 contributors identified on the list are committees pursuant to
subdivision (a) of Section 82013, the Commission may require, by
regulation, that the list also identify the top 10 contributors to
those contributing committees.
   (2) (A) A committee primarily formed to support or oppose a state
ballot measure shall count the cumulative amount of contributions
received by the committee from a person for the period beginning 12
months prior to the date the committee made its first expenditure to
qualify, support, or oppose the measure and ending with the current
date.
   (B) A committee primarily formed to support or oppose a state
candidate shall count the cumulative amount of contributions received
by the committee from a person for the primary and general elections
combined.
   (3) The aggregation rules of Section 85311 and any implementing
regulations adopted by the Commission shall apply in identifying the
persons who have made the top 10 cumulative contributions to a
committee.
   (4) A person who makes contributions to a committee in a
cumulative amount of less than ten thousand dollars ($10,000) shall
not be identified or disclosed as a top 10 contributor to a committee
pursuant to this section.
   (c) (1) The Commission shall adopt regulations to govern the
manner in which the Commission shall display top 10 contributor lists
provided by a committee that is subject to this section, and the
Commission shall post the top 10 contributor lists on its Internet
Web site in the manner prescribed by those regulations. The
Commission shall provide the top 10 contributor lists to the
Secretary of State, upon the request of the Secretary of State, for
the purpose of additionally posting the contributor lists on the
Secretary of State's Internet Web site.
   (2) A committee shall provide an updated top 10 contributor list
to the Commission when any of the following occurs:
   (A) A new person qualifies as a top 10 contributor to the
committee.
   (B) A person who is an existing top 10 contributor makes
additional contributions to the committee.
   (C) A change occurs that alters the relative ranking order of the
top 10 contributors.
   (3) The 10 persons who have made the largest cumulative
contributions to a committee shall be listed in order from largest
contribution amount to smallest amount. If two or more contributors
of identical amounts meet the threshold for inclusion in the list of
top 10 contributors, the order of disclosure shall be made beginning
with the most recent contributor of that amount.
   (4) The Commission shall post or update a top 10 contributor list
within five business days or, during the 16 days before the election,
within 48 hours of a contributor qualifying for the list or of any
change to the list.
   (d) In listing the top 10 contributors, a committee shall use
reasonable efforts to identify and state the actual individuals or
corporations that are the true sources of the contributions made to
the committee from other persons or committees.
   (e) In addition to any other lists that the Commission is required
to post on its Internet Web site, the Commission shall compile,
maintain, and display on its Internet Web site a current list of the
top 10 contributors supporting and opposing each state ballot
measure, as prescribed by Commission regulations.
  SEC. 8.  Section 88001 of the Government Code is amended to read:
   88001.  The ballot pamphlet shall contain all of the following:
   (a) A complete copy of each state measure.
   (b) A copy of the specific constitutional or statutory provision,
if any, that would be repealed or revised by each state measure.
   (c) A copy of the arguments and rebuttals for and against each
state measure.
   (d) A copy of the analysis of each state measure.
   (e) Tables of contents, indexes, art work, graphics, and other
materials that the Secretary of State determines will make the ballot
pamphlet easier to understand or more useful for the average voter.
   (f) A notice, conspicuously printed on the cover of the ballot
pamphlet, indicating that additional copies of the ballot pamphlet
will be mailed by the county elections official upon request.
   (g) A written explanation of the judicial retention procedure as
required by Section 9083 of the Elections Code.
   (h) The Voter Bill of Rights pursuant to Section 2300 of the
Elections Code.
   (i) If the ballot contains an election for the office of United
States Senator, information on candidates for United States Senator.
A candidate for United States Senator may purchase the space to place
a statement in the state ballot pamphlet that does not exceed 250
words. The statement may not make any reference to any opponent of
the candidate. The statement shall be submitted in accordance with
timeframes and procedures set forth by the Secretary of State for the
preparation of the state ballot pamphlet.
   (j) If the ballot contains a question as to the confirmation or
retention of a justice of the Supreme Court, information on justices
of the Supreme Court who are subject to confirmation or retention.
   (k) If the ballot contains an election for the offices of
President and Vice President of the United States, a notice that
refers voters to the Secretary of State's Internet Web site for
information about candidates for the offices of President and Vice
President of the United States.
   (l) A written explanation of the appropriate election procedures
for party-nominated, voter-nominated, and nonpartisan offices as
required by Section 9083.5 of the Elections Code.
   (m) A written explanation of the top 10 contributor lists required
by Section 84223, including a description of the Internet Web sites
where those lists are available to the public.
  SEC. 9.  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. 10   .    Sections 1, 6, and 7 of this
act shall become operative on July 1, 2014. The changes made to
Section 9084 of the Elections Code by Section 2 of this act and the
changes made to Sections 82015, 82048.7, 84105, and 88001 of the
Government Code by Sections 3, 4, 5, and 8 of this act shall become
operative on July 1, 2014. 
   SEC. 10.   SEC. 11.   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.
   SEC. 12.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to implement these proposals at the earliest possible
time prior to the 2014 General Election, it is necessary that this
act take immediate effect. 
                          
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