Bill Text: CA SB300 | 2019-2020 | Regular Session | Amended
Bill Title: Elections: ballot measures.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-07-01 - Chaptered by Secretary of State. Chapter 26, Statutes of 2020. [SB300 Detail]
Download: California-2019-SB300-Amended.html
|
Amended
IN
Assembly
June 23, 2020 |
|
Amended
IN
Senate
March 20, 2019 |
| Introduced by Senator Umberg |
February 14, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
The Political Reform Act of 1974 prohibits a foreign government or a foreign principal, as defined, from making any contribution, expenditure, or independent expenditure in connection with the qualification or support of, or opposition to, a state or local ballot measure. The act prohibits a person or committee from soliciting or accepting a contribution from a foreign government or foreign principal for the same purposes. The act makes a violation of these prohibitions a misdemeanor, punishable by a fine equal to the amount contributed or expended.
This bill would expand these prohibitions to include contributions, expenditures, or
independent expenditures in connection with the qualification or support, or opposition to, a state or local candidate. The act would change the fine to an amount up to the greater of $10,000 or 3 times the amount contributed or expended.By expanding 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
This bill would declare that it furthers the purposes of the act.
Digest Key
Vote:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
A special election is hereby called to be held throughout the state on November 3, 2020. The election shall be consolidated with the statewide general election to be held on that date. The consolidated election shall be held and conducted in all respects as if there were only one election and only one form of ballot shall be used.SEC. 2.
Notwithstanding the requirements of Sections 9040, 9043, 9044, 9061, 9082, and 9094 of the Elections Code, or any other law, the Secretary of State shall submit each of the following measures that is passed by the Legislature on or before July 1, 2020, to the voters for their approval at the November 3, 2020, statewide general election:SEC. 3.
This act calls an election within the meaning of Article IV of the California Constitution and shall go into immediate effect.(a)A foreign government or foreign principal shall not make, directly or through any other person, any contribution, expenditure, or independent expenditure in connection with the qualification or support of, or opposition to, a state or local
candidate or ballot measure.
(b)A person and or a committee shall not solicit or accept a contribution from a foreign government or foreign principal in connection with the qualification or support of, or opposition to, any state or local candidate or ballot measure.
(c)For the purposes of this section, a “foreign principal” includes the following:
(1)A foreign political party.
(2)A person outside the United States, unless either of the following is established:
(A)The person is an individual and a citizen of the United States.
(B)The person is not an individual and is organized under or created by the laws of the United States or of any state or other place subject to the jurisdiction of the United States and has its principal place of business within the United States.
(3)A partnership, association, corporation, organization, or other combination of persons organized under the laws
of or having its principal place of business in a foreign country.
(4)A domestic subsidiary of a foreign corporation if the decision to contribute or expend funds is made by an officer, director, or management employee of the foreign corporation who is neither a citizen of the United States nor a lawfully admitted permanent resident of the United States.
(d)This section does not prohibit a contribution, expenditure, or independent expenditure made by a lawfully admitted permanent resident.
(e)A
person who violates this section is guilty of a misdemeanor and
may be fined an amount up to the greater of ten thousand dollars ($10,000) or three times the amount contributed or expended.
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.
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.
