This initiative measure is submitted to the people in accordance with the provisions of Article II, Section 8 of the Constitution.
This initiative measure amends, repeals, and adds sections to various codes; therefore, existing
provisions proposed to be deleted are printed in strikeout type and new provisions
proposed to be added are printed in italic type to indicate that they are new.
PROPOSED LAW
CALIFORNIA POLITICAL REFORM ACT OF 1996
SECTION 1. Article 1 (commencing with Section 85100) of Chapter 5 of Title 9 of the Government Code is repealed.
SEC. 2. Article 1 (commencing with Section 85100) is added to Chapter 5 of Title 9 of the Government Code, to read:
Article 1. Findings and Purposes
85100. This chapter shall be known as the California Political Reform Act of 1996.
85101. The people find and declare each of the following:
(a) Monetary contributions to political campaigns are a legitimate form of participation in the
American political process, but the financial strength of individuals or organizations should not
permit them to exercise a controlling influence on the election of candidates.
(b) The rapidly increasing costs of political campaigns have forced many candidates to raise larger
and larger percentages of money from interest groups with a specific financial stake in matters
before state and local government.
85102. The people enact this law to accomplish the following separate but related purposes:
(a) To ensure that individuals and interest groups in our society have a fair and equitable
opportunity to participate in the elective and governmental processes.
(b) To minimize the potentially corrupting influence and appearance of corruption caused by
excessive contributions and expenditures in campaigns by providing for reasonable contribution
and spending limits for candidates.
(c) To reduce the influence of large contributors with a specific financial stake in matters before
government by severing the link between lobbying and campaign fundraising.
(d) To lessen the potentially corrupting pressures on candidates and officeholders for fundraising
by establishing sensible time periods for soliciting and accepting campaign contributions.
(e) To limit overall expenditures in campaigns, thereby allowing candidates and officeholders to
spend a lesser proportion of their time on fundraising and a greater proportion of their time
communicating issues of importance to voters and constituents.
(f) To provide impartial and noncoercive incentives that encourage candidates to voluntarily limit
campaign expenditures.
(g) To meet the citizens' right to know the sources of campaign contributions, expenditures, and
political advertising.
(h) To enact tough penalties that will deter persons from violating this chapter and the Political
Reform Act of 1974.
SEC. 3. Article 2 (commencing with Section 85202) is added to Chapter 5 of Title 9 of the Government Code, to read:
Article 2. Applicability of the Political Reform Act of 1974
85202. Unless specifically superseded by this act, the definitions and provisions of this title shall
govern the interpretation of this law.
85203. ''Small contributor committee" means any committee which meets all of the following
criteria:
(a) It has a membership of at least 100 individuals.
(b) All the contributions it receives from any person in a calendar year total fifty dollars ($50) or
less.
(c) It has been in existence at least six months.
(d) It is not a candidate-controlled committee.
85204. ''Two-year period" means the period commencing with January 1 of an odd-numbered
year and ending with December 31 of the next even-numbered year.
85205. ''Political party committee" means the state central committee or county central committee
of an organization that meets the requirements for recognition as a political party pursuant to
Section 5100 of the Elections Code.
85206. ''Public moneys" has the same meaning as defined in Section 426 of the Penal Code.
SEC. 4. Section 85301 of the Government Code is repealed.
85301. (a) No person shall make, and no candidate for elective office, or campaign treasurer,
shall solicit or accept any contribution or loan which would cause the total amount contributed or
loaned by that person to that candidate, including contributions or loans to all committees
controlled by the candidate, to exceed one thousand dollars ($1,000) in any fiscal year.
(b) The provisions of this section shall not apply to a candidate's contribution of his or her personal
funds to his or her own campaign contribution account.
SEC. 5. Section 85301 is added to the Government Code, to read:
85301. (a) Except as provided in subdivision (a) of Section 85402 and Section 85706, no
person, other than small contributor committees and political party committees, shall make to any
candidate or the candidate's controlled committee for local office in districts with fewer than
100,000 residents, and no such candidate or the candidate's controlled committee shall accept from
any person a contribution or contributions totaling more than one hundred dollars ($100) for each
election in which the candidate is attempting to be on the ballot or is a write-in candidate.
(b) Except as provided in subdivision (b) of Section 85402 and Section 85706, no person, other
than small contributor committees and political party committees, shall make to any candidate or
the candidate's controlled committee campaigning for office in districts of 100,000 or more
residents, and no such candidate or the candidate's controlled committee shall accept from any
such person a contribution or contributions totaling more than two hundred fifty dollars ($250) for
each election in which the candidate is attempting to be on the ballot or is a write-in candidate.
(c) Except as provided in subdivision (c) of Section 85402, no person, other than small contributor
committees and political party committees, shall make to any candidate or the candidate's
controlled committee for statewide office, and no such candidate or the candidate's controlled
committee shall accept from any such person a contribution or contributions totaling more than
five hundred dollars ($500) for each election in which the candidate is attempting to be on the
ballot or is a write-in candidate.
(d) No person shall make to any committee that contributes to any candidate and no such
committee shall accept from each such person a contribution or contributions totaling more than
five hundred dollars ($500) per calendar year. This subdivision shall not apply to
candidate-controlled committees, political party committees, and independent expenditure
committees.
(e) The provisions of this section shall not apply to a candidate's contribution of his or her personal
funds to his or her own campaign committee, but shall apply to contributions from a spouse.
SEC. 6. Section 85302 of the Government Code is repealed.
85302. No person shall make and no political committee, broad based political committee, or
political party shall solicit or accept, any contribution or loan from a person which would cause the
total amount contributed or loaned by that person to the same political committee, broad based
political committee, or political party to exceed two thousand five hundred dollars ($2,500) in any
fiscal year to make contributions to candidates for elective office.
SEC. 7. Section 85302 is added to the Government Code, to read:
85302. No small contributor committee shall make to any candidate or the controlled
committee of such a candidate, and no such candidate or the candidate's controlled committee shall
accept from a small contributor committee, a contribution or contributions totaling more than two
times the applicable contribution limit for persons prescribed in Section 85301 or 85402,
whichever is applicable.
SEC. 8. Section 85303 of the Government Code is repealed.
85303. (a) No political committee shall make, and no candidate or campaign treasurer shall
solicit or accept, any contribution or loan which would cause the total amount contributed or
loaned by that committee to that candidate for elective office or any committee controlled by that
candidate to exceed two thousand five hundred dollars ($2,500) in any fiscal year.
(b) No broad based political committee or political party shall make and no candidate or campaign
treasurer shall solicit or accept, any contribution or loan which would cause the total amount
contributed or loaned by that committee or political party to that candidate or any committee
controlled by that candidate to exceed five thousand dollars ($5,000) in any fiscal year.
(c) Nothing in this Chapter shall limit a person's ability to provide financial or other support to one
or more political committees or broad based political committees provided the support is used for
purposes other than making contributions directly to candidates for elective office.
SEC. 9. Section 85303 is added to the Government Code, to read:
85303. No person shall give in the aggregate to political party committees of the same
political party, and no such party committees combined shall accept from any person, a
contribution or contributions totaling more than five thousand dollars ($5,000) per calendar year;
except a candidate may distribute any surplus, residual, or unexpended campaign funds to a
political party committee.
SEC. 10. Section 85304 of the Government Code is repealed.
85304. No candidate for elective office or committee controlled by that candidate or
candidates for elective office shall transfer any contribution to any other candidate for elective
office. Transfers of funds between candidates or their controlled committees are prohibited.
SEC. 11. Section 85304 is added to the Government Code, to read:
85304. No more than 25 percent of the recommended expenditure limits specified in this act
at the time of adoption by the voters, subject to cost of living adjustments as specified in Section
83124, shall be accepted in cumulative contributions for any election from all political party
committees by any candidate or the controlled committee of such a candidate. Any expenditures
made by a political party committee in support of a candidate shall be considered contributions to
the candidate.
SEC. 12. Section 85305 of the Government Code is repealed.
85305. (a) This Section shall only apply to candidates who seek elective office during a
special election or a special runoff election.
(b) As used in this Section, the following terms have the following meanings.
(1) ''Special election cycle" means the day on which the office becomes vacant until the day of the
special election.
(2) ''Special runoff election cycle" means the day after the special election until the day of the
special runoff election.
(c) Notwithstanding Section 85301 or 85303 the following contribution limitations shall apply
during special election cycles and special runoff election cycles.
(1) No person shall make, and no candidate for elective office, or campaign treasurer, shall solicit
or accept any contribution or loan which would cause the total amount contributed or loaned by
that person to that candidate, including contributions or loans to all committees controlled by the
candidate, to exceed one thousand dollars ($1,000) during any special election cycle or special
runoff election cycle.
(2) No political committee shall make, and no candidate or campaign treasurer shall solicit or
accept, any contribution or loan which would cause the total amount contributed or loaned by that
committee to that candidate for elective office or any committee controlled by that candidate to
exceed two thousand five hundred dollars ($2,500) during any special election cycle or special
runoff election cycle.
(3) No broad based political committee or political party shall make and no candidate or campaign
treasurer shall solicit or accept, any contribution or loan which would cause the total amount
contributed or loaned by that committee or political party to that candidate or any committee
controlled by that candidate to exceed five thousand dollars ($5,000) during any special election
cycle or special runoff election cycle.
SEC. 13. Section 85305 is added to the Government Code, to read:
85305. (a) In districts of fewer than 1,000,000 residents, no candidate or the candidate's
controlled committee shall accept contributions more than six months before any primary or
special primary election or, in the event there is no primary or special primary election, any regular
election or special election in which the candidate is attempting to be on the ballot or is a write-in
candidate.
(b) In districts of 1,000,000 residents or more and for statewide elective office, no candidate or the
candidate's controlled committee shall accept contributions more than 12 months before any
primary or special primary election or, in the event there is no primary or special primary election,
any regular election or special election in which the candidate is attempting to be on the ballot or is
a write-in candidate.
(c) No candidate or the controlled committee of such candidate shall accept contributions more
than 90 days after the date of withdrawal, defeat, or election to office. Contributions accepted
immediately following such an election or withdrawal and up to 90 days after that date shall be
used only to pay outstanding bills or debts owed by the candidate or controlled committee. This
section shall not apply to retiring debts incurred with respect to any election held prior to the
effective date of this act, provided such funds are collected pursuant to the contribution limits
specified in Article 3 (commencing with Section 85300) of this act, applied separately for each
prior election for which debts are being retired, and such funds raised shall not count against the
contribution limitations applicable for any election following the effective date of this act.
(d) Notwithstanding subdivision (c), funds may be collected at any time to pay for attorney's fees
for litigation or administrative action which arises directly out of a candidate's or elected officer's
alleged violation of state or local campaign, disclosure, or election laws or for a fine or assessment
imposed by any governmental agency for violations of this act or this title, or for a recount or
contest of the validity of an election, or for any expense directly associated with an external audit
or unresolved tax liability of the campaign by the candidate or the candidate's controlled
committee; provided such funds are collected pursuant to the contribution limits of this act.
(e) Contributions pursuant to subdivisions (c) and (d) of this provision shall be considered
contributions raised for the election in which the debts, fines, assessments, recounts, contests,
audits, or tax liabilities were incurred and shall be subject to the contribution limits of that election.
SEC. 14. Section 85306 of the Government Code is repealed.
85306. Any person who possesses campaign funds on the effective date of this chapter may
expend these funds for any lawful purpose other than to support or oppose a candidacy for
elective office.
SEC. 15. Section 85306 is added to the Government Code, to read:
85306. No candidate and no committee controlled by a candidate or officeholder, other than
a political party committee, shall make any contribution to any other candidate running for office
or his or her controlled committee. This section shall not prohibit a candidate from making a
contribution from his or her own personal funds to his or her own candidacy or to the candidacy
of any other candidate for elective office.
SEC. 16. Section 85307 of the Government Code is repealed.
85307. The provisions of this article regarding loans shall apply to extensions of credit, but
shall not apply to loans made to the candidate by a commercial lending institution in the lender's
regular course of business on terms available to members of the general public for which the
candidate is personally liable.
SEC. 17. Section 85307 is added to the Government Code, to read:
85307. (a) A loan shall be considered a contribution from the maker and the guarantor of the
loan and shall be subject to all contribution limitations.
(b) Extensions of credit for a period of more than 30 days, other than loans from financial
institutions given in the normal course of business, are subject to all contribution limitations.
(c) No candidate shall personally make outstanding loans to his or her campaign or campaign
committee that total at any one point in time more than twenty thousand dollars ($20,000) in the
case of any candidate, except for candidates for governor, or fifty thousand dollars ($50,000) in
the case of candidates for governor. Nothing in this chapter shall prohibit a candidate from making
unlimited contributions to his or her own campaign.
SEC. 18. Section 85308 is added to the Government Code, to read:
85308. (a) Contributions by a husband and wife shall not be aggregated.
(b) Contributions by children under 18 shall be treated as contributions attributed equally to each
parent or guardian.
SEC. 19. Section 85309 is added to the Government Code, to read:
85309. No more than 25 percent of the recommended voluntary expenditure limits specified
in this act at the time of adoption by the voters, subject to cost-of-living adjustments as specified in
Section 83124, for any election shall be accepted in contributions from other than individuals,
small contributor committees, and political party committees in the aggregate by any candidate or
the controlled committee of such a candidate. The limitation in this section shall apply whether or
not the candidate agrees to the expenditure ceilings specified in Section 85400.
SEC. 20. Section 85310 is added to the Government Code, to read:
85310. No person shall contribute in the aggregate more than twenty-five thousand dollars
($25,000) to all state candidates and the state candidates' controlled committees and political party
committees in any two-year period. Contributions from political parties shall be exempt from this
provision.
SEC. 21. Section 85311 is added to the Government Code, to read:
85311. All payments made by a person established, financed, maintained, or controlled by
any business entity, labor organization, association, political party, or any other person or group of
such persons shall be considered to be made by a single person.
SEC. 22. Section 85312 is added to the Government Code, to read:
85312. The costs of internal communications to members, employees, or shareholders of an
organization, other than a political party, for the purpose of supporting or opposing a candidate or
candidates for elective office or a ballot measure or measures shall not be considered a
contribution or independent expenditure under the provisions of this act, provided such payments
are not for the costs of campaign materials or activities used in connection with broadcasting,
newspaper, billboard, or similar type of general public communication.
SEC. 23. Section 85313 is added to the Government Code, to read:
85313. (a) Each elected officer may be permitted to establish one segregated officerholder
expense fund for expenses related to assisting, serving, or communicating with constituents, or
with carrying out the official duties of the elected officer, provided aggregate contributions to such
a fund do not exceed ten thousand dollars ($10,000) within any calendar year and that the
expenditures are not made in connection with any campaign for elective office or ballot measure.
(b) No person shall make, and no elected officer or officeholder account shall solicit or accept
from any person, a contribution or contributions to the officerholder account totaling more than
two hundred fifty dollars ($250) during any calendar year. Contributions to an officeholder
account shall not be considered campaign contributions.
(c) No elected officeholder or officeholder account shall solicit or accept a contribution to the
officeholder account from, through, or arranged by a registered state or local lobbyist or a state or
local lobbyist employer if that lobbyist or lobbyist employer finances, engages, or is authorized to
engage in lobbying the governmental agency of the officeholder.
(d) All expenditures from, and contributions to, an officeholder account are subject to the
campaign disclosure and reporting requirements of this title.
(e) Any funds in an officeholder account remaining after leaving office shall be turned over to the
General Fund.
SEC. 24. Article 4 (commencing with Section 85400) is added to Chapter 5 of Title 9 of the Government Code, to read:
Article 4. Voluntary Expenditure Ceilings
85400. (a) No candidate for legislative office, Board of Equalization, or statewide office who
voluntarily accepts expenditure ceilings and any controlled committee of such a candidate shall
make campaign expenditures above the following amount:
(1) For an Assembly candidate, one hundred thousand dollars ($100,000) in the primary or special
primary election and two hundred thousand dollars ($200,000) in the general, special, or special
runoff election.
(2) For a Senate candidate and candidate for Board of Equalization, two hundred thousand dollars
($200,000) in the primary or special primary election and four hundred thousand dollars
($400,000) in the general, special, or special runoff election.
(3) For statewide candidates, other than governor, one million dollars ($1,000,000) in the primary
election and two million dollars ($2,000,000) in the general, special, or special runoff election.
(4) For governor, four million dollars ($4,000,000) in the primary election and eight million dollars
($8,000,000) in the general, special, or special runoff election.
(b) In the event that the state adopts an open primary system, the voluntary expenditure ceilings for
all state candidates in the primary election shall be increased by 50 percent.
(c) Any local jurisdiction, municipality, or county may establish voluntary expenditure ceilings for
candidates and controlled committees of such candidates for elective office not to exceed one
dollar ($1) per resident for each election in the district in which the candidate is seeking elective
office. Voluntary expenditure ceilings may be set at lower levels by the local governing body.
85401. (a) Each candidate for office shall file a statement of acceptance or rejection of the
voluntary expenditure ceilings in Section 85400 before accepting any contributions. If he or she
agrees to accept the expenditure ceilings, the candidate shall not be subject to the contribution
limitations in Section 85301, but shall be subject to the contribution limitations in Section 85402.
(b) If a candidate declines to accept the voluntary expenditure ceilings in Section 85400, the
candidate shall be subject to the contribution limitations in Section 85301.
(c) Any candidate who declined to accept the voluntary expenditure ceilings but who nevertheless
did not exceed the recommended spending limits in the primary, special primary, or special
election, may file a statement of acceptance of the spending limits for a general or special runoff
election within 14 days following the primary, special primary, or special election and receive all
the benefits accompanying such an agreement specified in this act.
85402. (a) Notwithstanding subdivision (a) of Section 85301, if a candidate accepts the
expenditure ceilings set by local ordinance pursuant to subdivision (c) of Section 85400, no
person, other than small contributor committees and political party committees, shall make to any
such candidate or the candidate's controlled committee for elective office in districts of fewer than
100,000 residents and no such candidate or the candidate's controlled committee shall accept from
any such person a contribution or contributions totaling more than two hundred fifty dollars ($250)
for each election in which the candidate is attempting to be on the ballot or is a write-in candidate.
(b) Notwithstanding subdivision (b) of Section 85301, if a candidate accepts the expenditure
ceilings in paragraph (1) or (2) of subdivision (a) of Section 85400 or set by local ordinance
pursuant to subdivision (c) of Section 85400, no person, other than small contributor committees
and political party committees, shall make to any such candidate or the candidate's controlled
committee for elective office in districts of 100,000 residents or more and no such candidate or the
candidate's controlled committee shall accept from any such person a contribution or contributions
totaling more than five hundred dollars ($500) for each election in which the candidate is
attempting to be on the ballot or is a write-in candidate.
(c) Notwithstanding subdivision (c) of Section 85301, if a candidate accepts the expenditure
ceilings in paragraph (3) or (4) of subdivision (a) of Section 85400, no person, other than small
contributor committees and political party committees, shall make to any such candidate or the
candidate's controlled committee for statewide office and no such candidate or the candidate's
controlled committee shall accept from any such person a contribution or contributions totaling
more than one thousand dollars ($1,000) for each election in which the candidate is attempting to
be on the ballot or is a write-in candidate.
85403. For purposes of the expenditure ceilings, qualified campaign expenditures made at any
time up to the date of the primary, special primary, or special election shall be considered
expenditures for that election, and qualified campaign expenditures made after the date of such
election shall be considered expenditures for the general or runoff election. However, in the event
that payments are made but the goods or services are not used during the period purchased, the
payments shall be considered qualified campaign expenditures for the time period in which the
goods or services are used. Payments for goods and services used in both periods shall be prorated.
85404. (a) If a candidate declines to accept voluntary expenditure ceilings and receives
contributions, has cash on hand, or makes qualified expenditures equal to 75 percent or more of
the recommended expenditure ceiling for that office, the voluntary expenditure ceiling shall be
three times the limit specified in Section 85400 for any candidate running for the same
nonstatewide office, and two times the limit specified in Section 85400 for any candidate running
for the same statewide office. Any candidate running for that office who originally accepted
voluntary expenditure ceilings shall be exempt from the limits that political party committees may
contribute to a candidate in Section 85304, and such candidates shall be permitted to continue
receiving contributions at the amounts set forth in Section 85402.
(b) If an independent expenditure committee or committees in the aggregate spend in support or
opposition to a candidate for nonstatewide office more than 50 percent of the applicable voluntary
expenditure ceiling, the voluntary expenditure ceiling shall be three times the limit specified in
Section 85400 for any candidate running for the same elective office. Any candidate running for
that office who originally accepted voluntary expenditure ceilings shall be exempt from the limits
that political party committees may contribute to a candidate in Section 85304, and such
candidates shall be permitted to continue receiving contributions at the amounts set forth in
subdivision (a) or (b) of Section 85402.
(c) If an independent expenditure committee or committees in the aggregate spend in support or
opposition to a candidate for statewide office more than 25 percent of the applicable voluntary
expenditure ceiling, the voluntary expenditure ceiling shall be increased two times the limit
specified in Section 85400 for any candidate running for the same statewide office. Any candidate
running for that office who originally accepted voluntary expenditure ceilings shall be exempt from
the limits that political party committees may contribute to a candidate in Section 85304, and such
candidates shall be permitted to continue receiving contributions at the amounts set forth in
subdivision (c) of Section 85402.
(d) The commission shall require candidates and independent committees to provide sufficient
notice to the commission and to all candidates for the same office that they are approaching and
exceeding the thresholds set forth in this section.
SEC. 25. Article 5 (commencing with Section 85500) is added to Chapter 5 of Title 9 of the Government Code, to read:
Article 5. Independent Expenditures
85500. (a) Any committee that makes independent expenditures of more than one thousand
dollars ($1,000) in support of or in opposition to any candidate shall notify the filing officer and all
candidates running for the same seat within 24 hours by facsimile transmission or overnight
delivery each time this threshold is met. The commission shall determine the disclosure
requirements for this subdivision and shall establish guidelines permitting persons to file reports
indicating ongoing independent expenditures.
(b) Notwithstanding subdivision (d) of Section 85301, any committee that makes independent
expenditures of one thousand dollars ($1,000) or more supporting or opposing a candidate shall
not accept any contribution in excess of two hundred fifty dollars ($250) per election.
(c) Any contributor that makes a contribution of one hundred dollars ($100) or more per election
to a candidate for elective office shall be considered to be acting in concert with that candidate and
shall not make independent expenditures and contributions which in combination exceed the
amounts set forth in Section 85301 in support of that candidate or in opposition to that candidate's
opponent or opponents.
(d) An expenditure shall not be considered independent, and shall be treated as a contribution from
the person making the expenditure to the candidate on whose behalf, or for whose benefit, the
expenditure is made either:
(1) With the cooperation of, or in consultation with, any candidate or any authorized committee or
agent of the candidate.
(2) In concert with, or at the request or suggestion of, any candidate or any authorized committee
or agent of the candidate.
(3) Under any arrangement, coordination, or direction with respect to the candidate or the
candidate's agent and the person making the expenditure.
(4) By a candidate or officeholder supporting another candidate or officeholder of the same
political party running for a seat in the same legislative body of the candidate or officeholder.
For purposes of this section, the person making the expenditure shall include any officer, director,
employee, or agent of that person.
SEC. 26. Article 6 (commencing with Section 85600) is added to Chapter 5 of Title 9 of the Government Code, to read:
Article 6. Ballot Pamphlet and Sample Ballot
85600. The Secretary of State shall provide to all candidates for statewide office, who voluntarily
choose to limit their campaign expenditures in accordance with the provisions of this act, a
campaign statement in the state ballot pamphlet of 100 words in primary and special elections, and
200 words in general elections, free of charge. Candidates for statewide office not choosing to
limit their campaign expenditures in accordance to provisions of this act may also publish a
campaign statement of similar length and format in the state ballot pamphlet, but shall be charged
the pro rata cost of printing, handling, translating, and mailing the campaign statement. Such
candidate statements shall not include any references to a candidate's opponent or opponents and
may include a photograph of the candidate.
85601. (a) The clerk of each county shall provide to candidates for offices of the State Assembly,
State Senate, and Board of Equalization, who voluntarily choose to limit their campaign
expenditures in accordance with this act, a campaign statement with the county sample ballot
materials of 100 words in primary and special elections, and 200 words in general elections, free of
charge, the add-on cost of which is to be reimbursed from the state General Fund. Candidates for
the offices of State Assembly, State Senate, and Board of Equalization not choosing to limit their
campaign expenditures in accordance to this act may also publish a campaign statement of similar
length and format with the county sample ballot materials, but shall be charged the pro rata cost of
printing, handling, translating, and mailing the campaign statement. Such candidate statements
shall not include any references to a candidate's opponent or opponents and may include a
photograph of the candidate.
(b) The statements of candidates for State Assembly, State Senate, and Board of Equalization may
be included in the state ballot pamphlet instead of with the county sample ballot materials if the
Secretary of State determines that inclusion in the state ballot pamphlet is less expensive and more
convenient for the voters.
85602. The Secretary of State and local elections officers shall prominently designate on the ballot
and in the ballot phamplet and sample ballot those candidates who have voluntarily agreed to
expenditure ceilings. The commission shall prescribe by regulation the method or methods for such
designation.
SEC. 27. Article 7 (commencing with Section 85700) is added to Chapter 5 of Title 9 of the Government Code, to read:
Article 7. Additional Contribution Requirements
85700. No contribution of one hundred dollars ($100) or more shall be deposited into a campaign
checking account unless the name, address, occupation, and employer of the contributor is on file
in the records of the recipient of the contribution.
85701. Any person who accepts a contribution which is not from the person listed on the check or
subsequent campaign disclosure statement shall be liable to pay the state the entire amount of the
laundered contribution. The statute of limitations shall not apply to this provision, and repayments
to the state shall be made as long as the person or any committee controlled by such a person has
any funds sufficient to pay the state.
85702. Contributions made directly or indirectly to or on behalf of a particular candidate through
an intermediary or conduit shall be treated as contributions from the contributor and the
intermediary or conduit to the candidate for the purposes of this limitation unless the intermediary
or conduit is one of the following:
(a) The candidate or representative of the candidate receiving contributions on behalf of the
candidate. However, the representative shall not include the following persons:
(1) A committee other than the candidate's campaign committee.
(2) An officer, employee, or agent of a committee other than the candidate's campaign committee.
(3) A person registered as a lobbyist with the governmental agency for which the candidate is
running or is an officeholder.
(4) An officer, employee, or agent of a corporation or labor organization acting on behalf of the
corporation or organization.
(b) A volunteer, who otherwise does not fall under paragraphs (1) through (4) of subdivision (a) of
this provision, hosting a fundraising event outside the volunteer's place of business.
85703. No person shall make and no person, other than a candidate or the candidate's controlled
committee, shall accept any contribution on the condition or with the agreement that it will be
contributed to any particular candidate. The expenditure of funds received by a person shall be
made at the sole discretion of the recipient person.
85704. No elected officeholder, candidate, or the candidate's controlled committee may solicit or
accept a campaign contribution or contribution to an officeholder account from, through, or
arranged by a registered state or local lobbyist if that lobbyist finances, engages, or is authorized to
engage in lobbying the governmental agency for which the candidate is seeking election or the
governmental agency of the officeholder.
85705. No person appointed to a public board or commission or as Trustee of the California State
University or Regent of the University of California during tenure in office shall donate to, or
solicit or accept any campaign contribution for, any committee controlled by the person who made
the appointment to that office or any other entity with the intent that the recipient of the donation
be any committee controlled by such person who made the appointment.
85706. (a) Nothing in this act shall nullify contribution limitations or other campaign disclosures
or prohibitions of any local jurisdiction that are as or more stringent than set forth in this act.
(b) The governing body of a local jurisdiction may impose lower contribution limitations or other
campaign disclosures or prohibitions that are as or more stringent than set forth in this act. A local
jurisdiction may impose higher contribution or expenditure limitations only by a vote of the people.
(c) Any charter municipality which chooses to establish a voluntary spending limit program
involving matching funds, consistent with sudivision (c) of Section 85400, may set a uniform
contribution ceiling from any person to any candidate or the candidate's controlled committee of a
contribution or contributions totaling no more than five hundred dollars ($500) for each election in
which the candidate is attempting to be on the ballot or is a write-in candidate, provided that the
program offers a matching fund ratio of at least one dollar ($1) to each three matchable private
contributions.
ENFORCEMENT
SEC. 28. Section 83116 of the Government Code is amended to read:
83116. When the Commission determines there is probable cause for believing this title has been
violated, it may hold a hearing to determine if such a violation has occurred. Notice shall be given
and the hearing conducted in accordance with the Administrative Procedure Act (Government
Code, Title 2, Division 3, Part 1, Chapter 5, Sections 11500 et seq.). The Commission shall have
all the powers granted by that chapter.
When the Commission determines on the basis of the hearing that a violation has occurred, it shall
issue an order which may require the violator to:
(a) Cease and desist violation of this title;
(b) File any reports, statements or other documents or information required by this title;
(c) Pay a monetary penalty of up to two thousand dollars ($2,000) five thousand
dollars ($5,000) per violation to the General Fund of the state.
When the Commission determines that no violation has occurred, it shall publish a declaration so
stating.
SEC. 29. Section 83116.5 of the Government Code is amended to read:
83116.5. Any person who violates any provision of this title, who purposely or negligently causes
any other person to violate any provision of this title, or who aids and abets any other person in the
violation of any provision of this title, shall be liable under the provisions of this chapter and
Chapter 11 (commencing with Section 91000). Provided, however, that this section
shall apply only to persons who have filing or reporting obligations under this title, or who are
compensated for services involving the planning, organizing, or directing any activity regulated or
required by this title, and that a violation of this section shall not constitute an additional violation
under Chapter 11.
SEC. 30. Section 91000 of the Government Code is amended to read:
91000. (a) Any person who knowingly or willfully violates any provision of this title is guilty of a
misdemeanor.
(b) In addition to other penalties provided by law, a fine of up to the greater of ten thousand
dollars ($10,000) or three times the amount the person failed to report properly or unlawfully
contributed, expended, gave or received may be imposed upon conviction for each violation.
(c) Prosecution for violation of this title must be commenced within four years after the date on
which the violation occurred.
(d) The commission has concurrent jurisdiction in enforcing the criminal misdemeanor
provisions of this title.
SEC. 31. Section 91004 of the Government Code is amended to read: 91004. Any person who intentionally or negligently violates any of the reporting requirements of this act , or who aids and abets any person who violates any of the reporting requirements of this act, shall be liable in a civil action brought by the civil prosecutor or by a person residing within the jurisdiction for an amount not more than the amount or value not properly reported.
SEC. 32. Section 91005.5 of the Government Code is amended to read:
91005.5. Any person who violates any provision of this title, except Sections 84305, 84307, and
89001, for which no specific civil penalty is provided, shall be liable in a civil action brought by the
commission or the district attorney pursuant to subdivision (b) of Section 91001, or the elected city
attorney pursuant to Section 91001.5, for an amount up to two thousand dollars ($2,000)
five thousand dollars ($5,000) per violation .
No civil action alleging a violation of this title may be filed against a person pursuant to this section
if the criminal prosecutor is maintaining a criminal action against that person pursuant to Section
91000.
The provisions of this section shall be applicable only as to violations occurring after the effective
date of this section.
SEC. 33. Section 91006 of the Government Code is amended to read:
91006. Any person who violates any provision of this title, who purposely or negligently
causes any other person to violate any provision of this title, or who aids and abets any other
person in the violation of any provision of this title, shall be liable under the provisions of this
chapter and Chapter 3 (commencing with Section 83100) of this title. If two or more
persons are responsible for any violation, they shall be jointly and severally liable.
SEC. 34. Section 91015 of the Government Code is repealed.
91015. The provisions of this chapter shall not apply to violations of Section 83116.5.
DISCLOSURE
SEC. 35. Section 84201 is added to the Government Code, to read:
84201. The threshold for contributions and expenditures reported in the campaign statements
designated in Sections 84203.5, 84211, and 84219, except for subdivision (i) of Section 84219,
and for cash contributions and anonymous contributions designated in Sections 84300 and 84304,
shall be set at no more than one hundred dollars ($100) notwithstanding any other provision of law
or any legislative amendment to such sections.
SEC. 36. Section 84305.5 of the Government Code is amended to read:
84305.5. (a) No slate mailer organization or committee primarily formed to support or oppose
one or more ballot measures shall send a slate mailer unless:
(1) The name, street address, and city of the slate mailer organization or committee primarily
formed to support or oppose one or more ballot measures are shown on the outside of each piece
of slate mail and on at least one of the inserts every insert included with each
piece of slate mail in no less than 8-point roman type which shall be in a color or print which
contrasts with the background so as to be easily legible. A post office box may be stated in lieu of a
street address if the street address of the slate mailer organization or the committee primarily
formed to support or oppose one or more ballot measure is a matter of public record with the
Secretary of State's Political Reform Division.
(2) At the top or bottom of the front of each side or surface of at least
one insert of a slate mailer or at the top or bottom of one
each side or surface of a postcard or other self-mailer, there is a notice in at least
8-point roman boldface type, which shall be in a color or print which contrasts with the
background so as to be easily legible, and in a printed or drawn box and set apart from any other
printed matter. The notice shall consist of the following statement:
|
(3) The name, street address, and city of the slate mailer organization or committee primarily
formed to support or oppose one or more ballot measures as required by paragraph (1) and the
notice required by paragraph (2) may appear on the same side or surface of an insert.
Any reference to a ballot measure that has paid to be included on the slate mailer shall also comply
with the provisions of Section 84503 et seq.
(4) Each candidate and each ballot measure that has paid to appear in the slate mailer is designated
by an * $$$ . Any candidate or ballot measure that has not paid to appear in
the slate mailer is not designated by an * $$$ .
The * $$$ required by this subdivision shall be of the same type size, type
style, color or contrast, and legibility as is used for the name of the candidate or the ballot measure
name or number and position advocated to which the * $$$ designation
applies except that in no case shall the * $$$ be required to be larger than
10-point boldface type. The designation shall immediately follow the name of the candidate, or the
name or number and position advocated on the ballot measure where the designation appears in
the slate of candidates and measures. If there is no slate listing, the designation shall appear at least
once in at least 8-point boldface type, immediately following the name of the candidate, or the
name or number and position advocated on the ballot measure.
(5) The name of any candidate appearing in the slate mailer who is a member of a political party
differing from the political party which the mailer appears by representation or indicia to represent
is accompanied, immediately below the name, by the party designation of the candidate, in no less
than 9-point roman type which shall be in a color or print that contrasts with the background so as
to be easily legible. The designation shall not be required in the case of candidates for nonpartisan
office.
(b) For purposes of the designations required by paragraph (4) of subdivision (a), the payment of
any sum made reportable by subdivision (c) of Section 84219 by or at the behest of a candidate or
committee, whose name or position appears in the mailer, to the slate mailer organization or
committee primarily formed to support or oppose one or more ballot measures, shall constitute a
payment to appear, requiring the * $$$ designation. The payment shall also
be deemed to constitute authorization to appear in the mailer.
(c) A slate mailer that complies with this section shall be deemed to satisfy the requirements of
Sections 20003 and 20004 of the Elections Code.
SEC. 37. Article 5 (commencing with Section 84501) is added to Chapter 4 of Title 9 of the Government Code, to read:
Article 5. Disclosure in Advertisements
84501. (a) ''Advertisement" means any general or public advertisement which is authorized and
paid for by a person or committee for the purpose of supporting or opposing a candidate for
elective office or a ballot measure or ballot measures.
(b) ''Advertisement" does not include a communication from an organization other than a political
party to its members, a campaign button smaller than 10 inches in diameter, a bumper sticker
smaller than 60 square inches, or other advertisement as determined by regulations of the
commission.
84502. ''Cumulative contributions" means the cumulative contributions to a committee beginning
the first day the statement of organization is filed under Section 84101 and ending within seven
days of the time the advertisement is sent to the printer or broadcast station.
84503. (a) Any advertisement for or against any ballot measure shall include a disclosure
statement identifying any person whose cumulative contributions are fifty thousand dollars
($50,000) or more.
(b) If there are more than two donors of fifty thousand dollars ($50,000) or more, the committee is
only required to disclose the highest and second highest in that order. In the event that more than
two donors meet this disclosure threshold at identical contribution levels, the highest and second
highest shall be selected according to chronological sequence.
84504. (a) Any committee that supports or opposes one or more ballot measures shall name and
identify itself using a name or phrase that clearly identifies the economic or other special interest of
its major donors of fifty thousand dollars ($50,000) or more in any reference to the committee
required by law, including, but not limited, to its statement of organization filed pursuant to
Section 84101.
(b) If the major donors of fifty thousand dollars ($50,000) or more share a common employer, the
identity of the employer shall also be disclosed.
(c) Any committee which supports or opposes a ballot measure, shall print or broadcast its name as
provided in this section as part of any advertisement or other paid public statement.
(d) If candidates or their controlled committees, as a group or individually, meet the contribution
thresholds for a person, they shall be identified by the controlling candidate's name.
84505. In addition to the requirements of Sections 84503, 84504, and 84506, the committee
placing the advertisement or persons acting in concert with that committee shall be prohibited from
creating or using a noncandidate controlled committee or a nonsponsored committee to avoid, or
that results in the avoidance of, the disclosure of any individual, industry, business entity,
controlled committee, or sponsored committee as a major funding source.
84506. If the expenditure for a broadcast or mass mailing advertisement that expressly advocates
the election or defeat of any candidate or any ballot measure is an independent expenditure, the
committee, consistent with any disclosures required by Sections 84503 and 84504, shall include on
the advertisement the names of the two persons making the largest contributions to the committee
making the independent expenditure. If an acronym is used to specify any committee names
required by this section, the names of any sponsoring organization of the committee shall be
printed on print advertisements or spoken in broadcast advertisements. For the purposes of
determining the two contributors to be disclosed, the contributions of each person to the committee
making the independent expenditure during the one-year period before the election shall be
aggregated.
84507. Any disclosure statement required by this article shall be printed clearly and legibly in no
less than 10-point type and in a conspicuous manner as defined by the commission or, if the
communication is broadcast, the information shall be spoken so as to be clearly audible and
understood by the intended public and otherwise appropriately conveyed for the hearing impaired.
84508. If disclosure of two major donors is required by Sections 84503 and 84506, the committee
shall be required to disclose, in addition to the committee name, only its highest major contributor
in any advertisement which is:
(a) An electronic broadcast of 15 seconds or less, or
(b) A newspaper, magazine, or other public print media advertisement which is 20 square inches
or less.
84509. When a committee files an amended campaign statement pursuant to Section 81004.5, the
committee shall change its advertisements to reflect the changed disclosure information.
84510. (a) In addition to the remedies provided for in Chapter 11 (commencing with Section
91000) of this title, any person who violates this article is liable in a civil or administrative action
brought by the commission or any person for a fine up to three times the cost of the advertisement,
including placement costs.
(b) The remedies provided in subdivision (a) shall also apply to any person who purposely causes
any other person to violate any provision of this article or who aids and abets any other person in a
violation.
(c) If a judgment is entered against the defendant or defendants in an action brought under this
section, the plaintiff shall receive 50 percent of the amount recovered. The remaining 50 percent
shall be deposited in the General Fund of the state. In an action brought by a local civil prosecutor,
50 percent shall be deposited in the account of the agency bringing the action and 50 percent shall
be paid to the General Fund of the state.
MISCELLANEOUS PROVISIONS
SEC. 38. Section 82039 of the Government Code is amended to read:
82039. ''Lobbyist" means any individual who is employed or contracts for receives
two thousand dollars ($2,000) or more in economic consideration in a calendar month
, other than reimbursement for reasonable travel expenses, or whose principal duties as
an employee are, to communicate directly or through his or her agents with any elective state
official, agency official , or legislative official for the purpose of influencing legislative
or administrative action , if a substantial or regular portion of the activities for which he or she
receives consideration is for the purpose of influencing legislative or administrative action .
No individual is a lobbyist by reason of activities described in Section 86300.
SEC. 39. Section 83124 is added to the Government Code, to read:
83124. The commission shall adjust the contribution limitations and expenditure limitations
provisions in Sections 85100 et seq. in January of every even-numbered year to reflect any
increase or decrease in the California Consumer Price Index. Such adjustments shall be rounded to
the nearest 50 for the limitations on contributions and the nearest 1,000 for the limitations on
expenditures.
SEC. 40. Section 85802 is added to the Government Code, to read:
85802. There is hereby appropriated from the General Fund of the state to the Fair Political
Practices Commission the sum of five hundred thousand dollars ($500,000) annually above and
beyond the appropriations established for the commission in the fiscal year immediately prior to
the effective date of this act, adjusted for cost-of-living changes, for expenditures to support the
operations of the commission pursuant to this act. If any provision of this act is successfully
challenged, any attorney's fees and costs shall be paid from the General Fund and the commission's
budget shall not be reduced accordingly.
SEC. 41. Section 20300 of the Elections Code is repealed.
20300. Upon leaving any elective office, or at the end of the postelection reporting period
following the defeat of a candidate for elective office, whichever occurs last, surplus campaign
funds raised prior to January 1, 1989, under the control of the former candidate or officeholder or
his or her controlled committee shall be used or held only for the following purposes:
(a) (1) The repayment of personal or committee loans or other obligations if there is a reasonable
relationship to a political, legislative, or governmental activity.
(2) For purposes of this subdivision, the payment for, or the reimbursement to the state of, the
costs of installing and monitoring an electronic security system in the home or office, or both, of a
candidate or elected officer who has received threats to his or her physical safety shall be deemed
to have a reasonable relationship to a political, legislative, or governmental activity, provided that
the threats arise from his or her activities, duties, or status as a candidate or elected officer and that
the threats have been reported to and verified by an appropriate law enforcement agency.
Verification shall be determined solely by the law enforcement agency to which the threat was
reported. The candidate or elected officer shall report any expenditure of campaign funds made
pursuant to this section to the commission. The report to the commission shall include the date that
the candidate or elected officer informed the law enforcement agency of the threat, the name and
phone number of the law enforcement agency, and a brief description of the threat. No more than
five thousand dollars ($5,000) in surplus campaign funds may be used, cumulatively, by a
candidate or elected officer pursuant to this subdivision. Payments made pursuant to this
subdivision shall be made during the two years immediately following the date upon which the
campaign funds became surplus campaign funds. The candidate or elected officer shall reimburse
the surplus campaign fund account for the fair market value of the security system no later than
two years immediately following the date upon which the campaign funds become surplus
campaign funds, upon sale of the property on which the system is installed, or prior to the closing
of the surplus campaign fund account, whichever comes first. The electronic security system shall
be the property of the campaign committee of the candidate or elected officer.
(b) The payment of the outstanding campaign expenses.
(c) Contributions to any candidate, committee, or political party, except where otherwise
prohibited by law.
(d) The pro rata repayment of contributors.
(e) Donations to any religious, scientific, educational, social welfare, civic, or fraternal organization
no part of the net earnings of which inures to the benefit of any private shareholder or individual
or to any charitable or nonprofit organization which is exempt from taxation under subsection (c)
of Section 501 of the Internal Revenue Code or Section 17214 or Sections 23701a to 23701j,
inclusive, or Section 23701
, 23701n, 23701p, or 23701s of the Revenue and Taxation Code.
(f) Except where otherwise prohibited by law, held in a segregated fund for future political
campaigns, not to be expended except for political activity reasonably related to preparing for
future candidacy for elective office.
SEC. 42. Section 89519 of the Government Code is repealed.
89519. Upon leaving any elected office, or at the end of the postelection reporting period
following the defeat of a candidate for elective office, whichever occurs last, campaign funds
raised after January 1, 1989, under the control of the former candidate or elected officer shall be
considered surplus campaign funds and shall be disclosed pursuant to Chapter 4 (commencing
with Section 84100) and shall be used only for the following purposes:
(a) (1) The payment of outstanding campaign debts or elected officer's expenses.
(2) For purposes of this subdivision, the payment for, or the reimbursement to the state of, the
costs of installing and monitoring an electronic security system in the home or office, or both, of a
candidate or elected officer who has received threats to his or her physical safety shall be deemed
an outstanding campaign debt or elected officer's expense, provided that the threats arise from his
or her activities, duties, or status as a candidate or elected officer and that the threats have been
reported to and verified by an appropriate law enforcement agency. Verification shall be
determined solely by the law enforcement agency to which the threat was reported. The candidate
or elected officer shall report any expenditure of campaign funds made pursuant to this section to
the commission. The report to the commission shall include the date that the candidate or elected
officer informed the law enforcement agency of the threat, the name and phone number of the law
enforcement agency, and a brief description of the threat. No more than five thousand dollars
($5,000) in surplus campaign funds may be used, cumulatively, by a candidate or elected officer
pursuant to this subdivision. Payments made pursuant to this subdivision shall be made during the
two years immediately following the date upon which the campaign funds became surplus
campaign funds. The candidate or elected officer shall reimburse the surplus campaign fund
account for the fair market value of the security system no later than two years immediately
following the date upon which the campaign funds become surplus campaign funds, upon sale of
the property on which the system is installed, or prior to the closing of the surplus campaign fund
account, whichever comes first. The electronic security system shall be the property of the
campaign committee of the candidate or elected officer.
(b) The pro rata repayment of contributions.
(c) Donations to any bona fide charitable, educational, civic, religious, or similar tax-exempt,
nonprofit organization, where no substantial part of the proceeds will have a material financial
effect on the former candidate or elected officer, any member of his or her immediate family, or
his or her campaign treasurer.
(d) Contributions to a political party or committee so long as the funds are not used to make
contributions in support of or opposition to a candidate for elective office.
(e) Contributions to support or oppose any candidate for federal office, any candidate for elective
office in a state other than California, or any ballot measure.
(f) The payment for professional services reasonably required by the committee to assist in the
performance of its administrative functions, including payment for attorney's fees for litigation
which arises directly out of a candidate's or elected officer's activities, duties, or status as a
candidate or elected officer, including, but not limited to, an action to enjoin defamation, defense
of an action brought of a violation of state or local campaign, disclosure, or election laws, and an
action arising from an election contest or recount.
SEC. 43. Section 89519 is added to the Government Code, to read:
89519. Any campaign funds in excess of expenses incurred for the campaign or for expenses
specified in subdivision (d) of Section 85305, received by or on behalf of an individual who seeks
nomination for election, or election to office, shall be deemed to be surplus campaign funds and
shall be distributed within 90 days after withdrawal, defeat, or election to office in the following
manner:
(a) No more than ten thousand dollars ($10,000) may be deposited in the candidate's officeholder
account; except such surplus from a campaign fund for the general election shall not be deposited
into the officeholder account within 60 days immediately following the election.
(b) Any remaining surplus funds shall be distributed to any political party, returned to contributors
on a pro rata basis, or turned over to the General Fund.
CONSTRUCTION
SEC. 44. This act shall be liberally construed to accomplish its purposes.
LEGISLATIVE AMENDMENTS
SEC. 45. The provisions of Section 81012 of the Government Code which allow legislative amendments to the Political Reform Act of 1974 shall apply to all the provisions of this act except for Sections 84201, 85301, 85303, 85313, 85400, and 85402.
APPLICABILITY OF OTHER LAWS
SEC. 46. Nothing in this law shall exempt any person from applicable provisions of any other laws of this state.
SEVERABILITY
SEC. 47. (a) If any provision of this law, or the application of any such provision to any person or
circumstances, shall be held invalid, the remainder of this law to the extent it can be given effect,
or the application of such provision to persons or circumstances other than those as to which it is
held invalid, shall not be affected thereby, and to this extent the provisions of this law are
severable.
(b) If the expenditure limitations of Section 85400 of this law shall be held invalid, the contribution
limitations specified in Sections 85301 through 85313 shall apply.
CONFLICTING BALLOT MEASURES
SEC. 48. If this act is approved by voters but superseded by any other conflicting ballot measure approved by more voters at the same election, and the conflicting ballot measure is later held invalid, it is the intent of the voters that this act shall be self-executing and given full force of the law.
EFFECTIVE DATE
SEC. 49. This law shall become effective January 1, 1997.
AMENDMENT TO POLITICAL REFORM ACT
SEC. 50. This chapter shall amend the Political Reform Act of 1974 as amended and all of its provisions which do not conflict with this chapter shall apply to the provisions of this chapter.