(1) The Political Reform Act of 1974 authorizes a candidate for elective state, county, or city office to raise contributions for a general election before the primary election, and for a special general election before a special primary election, for the same office under specified conditions. If the candidate is defeated in the primary election or special primary election, or otherwise withdraws from the general election or special general election, the act requires the candidate to refund the general election or special general election funds, as specified.
This bill would clarify that a candidate who does not file a declaration of candidacy to qualify for a primary election or special primary election is not subject to these requirements to refund the general election or special general election
contributions, and that such a candidate may transfer these funds to a committee for the same or a different office as specified.
(2) The act authorizes a candidate to transfer campaign funds from one controlled committee to a controlled committee for elective state, county, or city office of the same candidate, provided that the contributions transferred are attributed to specific contributors. Notwithstanding that provision, the act authorizes a candidate for elective state, county, or city office to carry over contributions raised in connection with one election to pay campaign expenditures incurred in connection with a subsequent election for the same elective office.
This bill would permit a candidate who receives a majority of the votes cast for an office at a primary election, such that the candidate is elected to the office without advancing to the general election, to carry over funds raised
for the primary election to a committee for any subsequent election to the same office without attributing funds to specific contributors. The bill would also specify that, in that same scenario, a candidate who raises funds for the general election may transfer those funds to a committee for any subsequent election, but that the candidate must attribute those funds to specific contributors pursuant to the requirements of existing law.
(3) 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.