HomeMy WebLinkAbout8.3 ContribOrdProp208
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CITY CLERK
FILE # D~[3~-~DJ
CI1Y OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE FEBRUARY 18, 1997
SUBJECT:
Campaign Contribution Ordinance and Proposition
20 8 (Report prepared by Elizabeth H SillJer, Ci~y
AttonufY)
EXIDBITS ATTACHED:
Dublin Municipal Code, Chapter 2.28
Ordinance No. 11.96, An1ending Chapter
2.28
California Political Reform Act of 1996
(Proposition 208)
1.
2.
3.
RECOMMENDATION: ~ 1.
0N 2.
Receive staff presentation
Provide direction to staff
FINANCIAL
STATEMENT:
None
DESCRIPTION:
Existing Campaign Contribution Limitations
Chapter 2.28 of the Dublin Municipal Code, as amended by Ordinance No.
11-96 (which has not yet been incorporated into Chapter 2.28), provides limits on
the amounts which may be contributed to political campaigns in municipal elections.
No person may malc.e and no candidate or committee may accept more than $300
from anyone person with respect to a single election. In addition, candidates are
required to include certain. information (i.e., name, address, occupation) regarding
any contribution in excess of $25. Consistent with the U.S. Supreme Court's
decision in Buckley v. Valeo, the Municipal Code does not limit campaign
e1..'Pendi tures.
Proposition 208
Proposition 208 was a statewide initiative on the November 1996 ballot which
made a number of changes to the Political Reform Act. Proposition 208 imposes
contribution limits on all elections held in the State, with the exception of federal
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ITEM NO.
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elections. The limitations for local candidates depend on the size of the jurisdiction.
For jurisdictions of fewer than 100,000 residents, the limit is $100. The limit applies -.
per election, not per election cycle.
Proposition 208 addresses campaign e1..'Penditures as ,veIl as campaign
contributions for statewide offices. Taking advantage of the U.S. Supreme Court's
holding in Bucklry v. Valeo that campaign spending limits must be voluntary and non.
coercive, Proposition 208 creates a voluntary e1..'Penditure limit scheme 'I<;rhereby
candidates for statewide offices will be rewarded if they choose to accept spending
limi ts.
Proposition 208 does not establish spending limits for local candidates.
Instead, it provides that any local jurisdiction may establish voluntary spending limits
if such limits do not exceed $1 per resident. (Gov. Code section 85400(c).) The
council may set a higher spending limit if it chooses, but only with a vote of the
people. (Gov. Code section 85706(b).) If the city adopts the spending limit, the
contribution limits increase from $100 to $250 per election. (Gov.Code section
85402(a).)
The Proposition does not preempt local campaign finance ordinances that are
"as or more stringent" than set forth in the initiative. (Gov.Code section 85706(a).)
The council may impose lower contribution limits than those in the initiative, but
only a vote of the people may inlpose higher contribution or eJ...'Penditure limits than
those provided. (Section 85706(b ).)
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No candidate for local office in a city of fewer than 100,000 residents may
accept contributions more than six (6) months before an election. (Section
85305(a).) No candidate may accept contributions more than 90 days after the
election and contributions accepted between the election and the end of the 90-day
period may only be used to pay outstanding debts. (Section 85305(c).)
Finally, if a candidate has debt from an election held prior to January 1, 1997,
the candidate may raise money during the "off-year ban" period but the contributions
raised are subject to the limits that would have been in place had Proposition 208
been in effect.
To summarize,
--the contribution limit is $100 per person
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v-the Council may impose a lower contribution limit and the people, by
vote, may impose a higher contribution limit
--contributions can only be accepted six months prior to an election and
90 days after an election (if the candidate has outstanding debt)
--the Council may establish voluntary spending limits of no more than
$1 per resident
--the people may impose a higher spending limit by vote
--if the Council establishes voluntary spending limits and if the
candidate agrees to the spending limit, the contribution limit increases
to $250 and the candidate receives a designation on the ballot stating
that he/she has agreed to the spending limit
Status of Proposition 208
Several lawsuits have been filed challenging the constitutionality of Proposition
208. At this time no injunction has been granting restraining the enforcement of the
initiative although the plaintiffs have scheduled a hearing for early April to ask for an
injunction.
Impact of Proposition 208 on Municipal Code Chapter 2.28
Chapter 2.28 conflicts with Proposition 208 in two ways:
1. The limit on contributions in the Municipal Code is $300 whereas
Proposition 208 provides a $100 limit on contributions.
2. The Municipal Cock allows contributions to be made and accepted at
any time prior to an election whereas Proposition 208 provides for a ban
on contributions more than six months in advance of an election and
only within 90 days following an election to pay debt.
The provisions of Section 2.28.040 of the Dublin Municipal Code, ,vhich
require reporting contributions in excess of $25 (rather than the Act's requirement
that contributions over $100 be reported)are not affected by Proposition 208.
To conclude, the only provision of Chapter 2.28 that does not conflict with
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Proposition 208 is Section 2.28.040 "Disclosure of Amounts in Excess of $25."
Recommendation
Staff recommends that the Council provide direction to the staff to (I) prepare
an ordinance to repeal the provisions of Chapter 2.28 ,vhich conflict ,vith Proposition
208; or (2) notify all candidates and potential candidates that the City will not
enforce its ordinance pending resolution of the lawsuits challenging Proposition 208;
or (3) provide other direction as appropriate.
]:\WPD'M NRSW\ I 14\AG ENDA\PROP2 OS , 13 I
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Chapter 2.28
CAMPAIGN CONTRIBUTIONS
Sections:
2.28.010
2.28.020
2.28.030
Findings and purpose.
Definitions.
Limitations on
contributions.
Filing of verified
declaration.
Violation-Penalt)' .
2.28.040
2.28.050
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2.28.010 Findings and purpose.
Pursuant to the authority granted to the
City Council in Government Code Section
81013 permitting the imposition of addition-
allocal requirements to the Political Reform
Act of 1974, the City Council fmds that it
is in the public interest to place realistic and
enforceable limits on the amounts which
may be contributed to political campaigns
in municipal elections. (Ord. 21-87 ~ 1)
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2.28.020 Definitions.
For the purpose of this chapter, defmi-
tions codified in the Political Reform Act,
beginning at Government Code Section
82000, et seq., shall apply with the addition
of the following:
"Election" means any municipal election,
whether general or special, at which the
offices of Councilmember andlor Mayor are
to be filled.
"With respect to a single election"
means:
1. In the case of a contribution designat-
ed in writing by the contributor for a partic-
ular election, the election so designated,
provided that a contribution designated in
writing for a particular election may be
made after the election and prior to June
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2.28.010
30th following the election only to the
extent such contribution does not exceed net
debts outstanding from that election;
2. In the case of a contribution not
designated in writing by the contributor for
a particular election, the next election for
the office after the contribution is made.
(Ord. 10-93 ~ 1: Ord. 21-87 g 2)
2.28.030 Limitations on
contributions.
A. No person shall make any contribu-
tion or contributions to a candidate or com-
mittee which exceed the cumulative amount
of one thousand dollars ($1,000), nor shall
any such contribution or contributions
which exceed the cumulative amount of one
thousand dollars ($1,000), be accepted by
any candidate or conunittee from any per-
son with respect to a single election.
B. The prohibitions stated in subsection
A of this section shall not apply to contribu-
tions made or received in support of, or in
opposition to, a ballot measure, nor shall
said prohibition apply to contributions made
by a candidate to his or her campaign. (Ord.
10-93 ~ 2: Ord. 21-87 g 3)
2.28.040 Filing of verified
declaration.
A. To ensure full compliance with this
chapter, each candidate shall execute a dec-
laration under penalty of peIjury on a form
provided by city stating that such candidate
did not receive any contribution or contribu-
tions totaling more than one thousand dol-
lars ($1,000), from any person with respect
to an election.
B. The declaration required by subsec-
tion A of this section shall be filed with the
City Clerk with each preelection statement
fIled pursuant to state law and with the
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(Dublin 5-95)
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semi-annual statements required to be filed
pursuant to state law. (Ord. 10-93 S 3: Ord.
21-87 ~ 4)
2.28.050 Violation-Penalty.
A. Violation of any provision of this
chapter is a misdemeanor punishable by a
fme not to exceed five hundred dollars
($500) or imprisonment for a term not
exceeding six (6) months, or by both such
fme and imprisonment
B. Whetherornot a violation is inadver-
tent, negligent, or deliberate in the presence
or absence of good faith, shall be consid-
ered in applying the penalties of this chap-
ter. (Ord. 21-87 S 5)
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2.28.040
32-1
(Dublin $-94)
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ORDINANCE NO. 11 - 96
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AN ORDINANCE OF THE CITY OF DUBLIN
.;,.;,.;,.;,.;,.;,.;,.;,.;,*-*-*-*-*-.;,
AMENDING CHAPTER 2.28 OF THE DUBLIN MUNICIPAL CODE
RELATING TO CAMPAIGN CONTRIBUTION LIMITATIONS
FOR ELECTIONS TO TAKE EFFECT IMMEDIA TEL Y
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS:
SECTION 1.
Section 2.28.030 Amended - Contribution Limit Revised-
Subsection A of Section 2.28.030 of the Dublin Municipal Code is amended to read as follows:
. SECTION 2.
"A. No person shall make any contribution or contributions to a candidate or committee
which exceed the cumulative amount ofthree hundred dollars ($300), nor shall any such
contribution or contributions which exceed the cumulative amount of three hundred dollars
($300) be accepted by any candidate or committee from any person with respect to a single
election. "
Section 2.28.040 lunended - Declaration re Compliance
Subsection A of Section 2.28.040 of the Dublin Municipal Code is amended to read as follO\\ls:
"A. To ensure full compliance with this chapter, each candidate shall execute a declaration
under penalty of perjury on a form provided by the City Clerk stating that such candidate
did not receive any contribution or contributions totaling more than three hundred dollars
($300) from any person with respect to an election."
SECTION 3.
Disclosure of Amounts in Excess of $25
Section 2.28.040 is added to the Dublin Municipal Code to read as follows:
"When filing the Campaign Statement required by Article 2 of Chapter 4 of Title 9 of the
Government Code, commencing with Section 84200, each candidate for the office of Mayor
and Councilmember shall include in such Campaign Statement the same information
required by subdivision (f) of Govemment Code section 84211 for contributions (including
loans) in excess of $25 received from any person."
SECTION 4. Renumbering
. . Section 2.28.040 of the Dublin Municipal Code, entitled "Filing of Verified Declaration is
renumbered as "Section 2.28.050," and Section 2.28.050, entitled "Violation Penalty" is renumbered as
"Section 2.28.060. ""
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SECTION 5.
Severability
If any part of this ordinance or the application thereof to any person is held invalid, the remainder '.'
of the ordinance and the application of such provision to other persons shall not be affected thereby.
SECTION 6.
Immediate Effect
This ordinance imposes restrictions on monetary contributions to candidates for office at municipal
elections and thus relates to an election. Pursuant to Government Code section 36937(a), this ordinance
shall take effect immediately.
SECTION 7.
Posting
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3)
public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State
of California.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin on this 11 th
day of June, 1996, by vote as follows:
AYES:
Councilmembers Bames, Howard and Moffatt
NOES:
Councilmember Burton and Mayor Houston
ABSENT: None
)i)fJ);~
MAYOR
ABSTAIN: None
K=/6-11-96/ordS300.doc
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California
Political Reform
Act of 1 996
IIProp. 20BII
e...... Fair
~..- ..._ political
:~ .' practices
, .,...- Commission
Rav. Mehta. Chalr"rnan
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428 J Street . Suite BOO . Sacramento CA 95614 . (916)322-5660 . lax 322.371 1
_ Text extracted from me california Ballot PampnleL November 5. , 996 -
"1496
CALIFORNIA POLITICAL REFORM ACT
OF 1996
Sections 85100 and 85101 of the Go~'emment
Coae are repealed. and Seerion 85102 of the
Gv~'emmenr Code is repealed except jar suosec:zon (e).
which is renumbered Section 85205 of the Go~'emment
Code. and the following Chapter 5. commencing with
Sec:ion 85100. is added to Title 9 of the Government
Code as follows:
Article 1. Findings and Purposes.
~ 85100. Title.
This chapter shall be known as the California
Political Reform Act of 1996.
S 85101. Findings and Declarations.
The people find and declare each of the following:
I :.II Monemry contributions to political c:Jmpaigns
:.Ire :l kgmmale form of participation in the :-\menc:m
poiiuc:1l process. but tho: financial strength of individuals
or orgamzauons should not permit them to exercise a
controlling influence on the election of candidates.
(b) The rapidly increasing costs ot political
campaigns have forced many candidates to raise larger
and larger percentages of money from interest groups
Wlth a spedfic finanCial stake in matters before state and
local government.
* 85102. Purpose of This Law.
The people enact this law to accomplish the
following separ:J.te 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 rrunimize 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 fmancial stake in matters before
government by severing the link between lobbying and
I.:ampaign fundraising.
(d) To lessen the potentially corrupting pressures
on candidates and officeholders for fundraising by
establishing sensible time periods for soliciting and
Jccepting campaign contributions.
(e) To limit overall expenditures in campaigns.
therebyallowmg candidates and officeholders to spend a
lesser proponion of their time on fundraising and a
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greater proportion of their ume cormnumcating issues of
importance to voters and consmuents.
. (f) To provide imparual and noncoercive
incentives that encourage candidates to voluntanly limit
campaign expenditures.
(g) To meet the citizens' nght to know the sources
of campaIgn contributions. expenditures. and political
advertising.
(h) To enact tough penalties which will deter
persons from violating this chapter and the Political
Reform Act of 1974.
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Article 2. Applicability of the Political Reform Act
of 1974.
* 85202. Applicability of the Political Reform
Act.
Unless specifically superseded by this act the
definitions and provisions of the Political Reform Act of
1974, Government Code Sections 81000 et seq. shall
govern the interpretauon of this law.
* 85203. Small Contributor Committee.
"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.
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~ 85204. Tw~ Y ea. Period.
"Two--year period" means the period cormnencing
with January I of an odd-numbered year and ending with
December 31 of the next even-numbered year.
* 85205. Political Party Committee.
"Political party committee" means the state central
cornmiaee or county central committee of an organization
that meets the requirements fer recognition as a political
parry pursuant to Section 5100 of the Elections Code.
* 85206. Public Moneys.
"Public moneys" has the same meaning as defined
in Section 426 of the Penal Code.
Article..3. Contribution Limitations.
Secrions 85301 through 85307 and 85102 through
85104 of the Government Code are repealed and the
following sections are added to the Government Code to
read:
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111496
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S 85301. Limitations on Contributions From
Persons.
(al E.xcept as provided in subdivision (a) of
Section 85402 and Section 85706. no person. other th:.n
small contriburor committees and political party
couurunees. shall make to any candidate or the
candidate' 5 controlled comminee for local office in
districts with fewer:han 100.000 residents. and no such
candidate or the candidate's comrolled committee shall
accept !Tom any person a contribution or contributions
totaling more than one hundred dollars ($100) for each
decuon in wtuch the c':lndidate 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 ro any candidate or the
candidate's control!ed committee campaigning for office
in districts of 100:000 or more residents. and no such
cmdidate or the canaidate' s conrrolled committee shall
':H.::ept tram any such person a contribution or
comributions tot:1ling more than twO hundred fifty dollars
($250) for each election in which the candidate is
anempting 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
commiaees 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
c:mdidare is attempting to be on the ballot or is a write-in
c.:mdidate.
(d) No person shall make to any committee that
contributes to any candidate and no such committee shall
accept tram each such person a contribution or
contributions totaling more than five hundred dollars
(5500) per calendar year. This subdivision shall not
apply to candidate-controlled committees. political party
committees. and independem expenditure conunittees.
(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.
~ 85302. Limitations on Contributions from
Small Contributor Committees.
No small contributor committee shalI make to any
c.:mdidate or the conrrolled committee of such a
candidate. and no such candidate or the candidate's
conrrolled committee shall accept from a small
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contributor comnunee. a contribution or conlI1bmions
totaling more than twO times the applicble conlribution
limit (or persons prescribed in Section 85301 or 85402-
whichever is applicable.
~ 85303. Limitations on Contributions to
Political Parties.
No person shall give in the aggregate to political
party commiaees of the same political party. and no such
party committees combined shall accept from any pasoo.
a contribution or CO'Rtributions totaling more than five
thousand dollars (55-:000) per calendar year: except a
candidate -may distribme any surplus. residual. or
unexpended campaign funds to a poIitid party
committee.
~ 85304. Limitations on Contributions from
Political Parties.
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
adjusunents as specified in Section 83124. shall be
accepted in cumulative contributions for any election
from all political party comminecs by any candidate or
the controlled comminee of such a candidate. Any
expenditures made by a political party committee in
support of a candidate shall be considered contributions
to the candidate.
~ 85305. Restrictions on When Contributions
Can Be Received.
(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 conrrolled conunittee 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
oftice. Contributions accepted immediately following
such an election or withdrawal and up to 90 days after
that date shall be used only te pay outstanding bills or
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"'496
debts owed by the c:mdidate or controlled committee.
This section shall nOt apply to retiring debts incurred with
respect to any election held pnor to the effective date of
this act. provided such funds ;lre collected pursuant to the
contribution limits specified in Article 3 (commencing
with Section 85300) of this act. applied separately fo;
exh 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 mav be
<.:ollected at :my time to pay for attornev's fees' for
litigation or administrative action which arises eirectlv
out of a candidate' s or elected officer's alleged violatio~
of state or local campaign. disclosure. or election laws or
for a tine or assessment imposed by any governmental
agency for violations of this act or the Political Refonn
Act of 1974. or for a recount or contest of the validirv of
an election. or for any expense directly associated with an
~xtemal audit or unresolved tax liability of the campaign
hy the c.::mdidate or the candidate' s conrrolled committee;
provided such funds are collected pursuant to the
conrribution 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 conrribution
limits of that election.
~ 85306. Transfers.
No candidate and no cormnittee controlled by a
c:mdidale or officeholder. other than a political pany
committee. shall make any contribution to any other
c:mdidate runnin~ for office or his or her controlled
committee. This section shall not prohibit a candidate
trom making a contribution from his or her own personal
funds to his or her own candidacy or to the candidacv of
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~ 85307. Loans.
(a) A loan shall be considered a conrribution from
the maker and the guarantor of the loan and shall be
subject to all conrribution limitations.
(b) Extensions of credit for a period of more than
30 days. other than loans from financial institutions given
in the nonnal course of business. are subject to all
contribution limitations.
(c) No candidate shall personallv make
outstanding loans to his or her campaign or ~ampaign
committee that total at anyone point in time more than
. twenty thousand dollars (S20.000) in the case of any
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candidate. except ior candidates tor governor. or fifty
thousand dollars (S50.000) in the case orcandidat.eS for ..
governor. Nothing in this chapter shall prohibit a
candidate from making unlimited contributions to his or
her own campaign.
~ 85308. Family Contributions.
(a) Contributions by a husband and wife shall not
be aggregated.
(b) Contributions by children under 18 shall be
treated as conrributions attributed equally to each parent
or guardian.
~ 85309. Aggregate Contributions from Non.
individuals.
No more th:m 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 an~
election shall be accepted in contributions from othe~
than individuals. small conrributor committees. and
political pany committees in the aggregate by anv
candidate or the controlled cormnittee of such ~
candidate. The limitation in this section shall apply
whether or not the candidate agrees to the expenditure
ceilings specified in Section 85400.
~ 85310. Aggregate Contributions to All State <.
Candidates.
No person shall contribute in the aggregate more ,.
than twenty-five thousand dollars ($25.000) to all Slate
candidates and the State candidates · controlled
committees and political party cormnittees in any two-
year period.. Contributions from political parties shall be
exempt from this provision.
~ 85311. Aggregation of Financial Activity.
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.
~ 85312. Communications Within an
Organization.
lbe costs of internal communicatio;1S to members.
emplo~. or shareholders of an organization. other than
. a political ~...fur -.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 '__.
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connecuon with broadcasung. newspaper. billboard. or
smlilar type of general public communication.
~ 85313. Officeholder Account.
(a) Each elected officer may be permiued to
es:..ablish one segregated officeholder expense fund for
expenses related to assisting. serving. or communicating
with constiwents. or with carrying out the official dutit::s
of the elected officer. provided aggregate contrib'ltions to
such a fund do not exceed ten thousand dollars (510.000)
WIthin any calendar year and that the expenditures are not
made In r.:onnecuon 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 officeholder
J;;count totaling more than twO hundred fifty dollars
\ 5250) during any calendar year. Contributions to an
officeholder Jccount shall not be considered campaign
.:ontribullons.
Ie) No elected officeholder or officeholder account
,hall solicit or Jccept a contribution to the officeholder
:.H:CQunt from. through. or arranged by a registered state
or local lobbyist or a state or local lobbyist employer if
that lobbyist or lobbyist employer tinances. engages. or is
authorized to engage in lobbying the governmental
Jgency of the officeholder.
(d) All expenditures from. and contributions to. an
officeholder account are subject to the campaign
disclosure and reponing requirements of the Political
Reform Act of 1974 as amended.
(el Any funds in an officeholder account remaining
alter leaving office shall be turned over to the General
Fund.
Article 4. Voluntary Expenditure Ceilings.
~ 85400. Voluntary Expenditure Ceilings.
(a) No candidate for legislative office. Board of
Equalization. or statewide office who voluntarily accepts
e:-;penditure ceilings and any controlled committee of
such a candidate shall make campaign expenditures
above the following amount:
( I) For an Assembly candidate. one hundred
thousand dollars ($ 100.000) in the primary or special
pnmary election and two hundred thousand dollars
(5200.000) in the general. special. or special runoff
election.
(2) For a Senate candidate and candidate for Board
of Equalization. tWO hundred thousand dollars
(S200.00m in the primary or special primary election and
iour hundred thousand dollars ($400.000) in the general,
special. or special runoff election.
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(3) For stateWIde candidates. other than governor.
one million dollars ($1,000.000) in the primary election
Jnd twO million dollars ($2.000.00m in the general.
special. or specIal runoif' election.
(4) For governor. four million dollars
($4.000.00m in the pnmary 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 loca1 jurisdiction. municipality. or counry
may establish voluntary expenditure ceilings for
candida1es and controlled committees of such candidates
for elective office not ,j exceed one dollar (51) per
resident for each election in the district in which the
candidate is seeking .:!ective office. Voluntary
expenditure ceilings may be set at lower levels by the
local governmg body.
g 85401. Candidate Acceptance or Rejection
of Expenditure Ceilings.
(a) Exh c:mdidate for office shall file a st:ltement
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 subjectlO
the contribution limitations in Section 8530 I. 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.
g 85402. Contribution Limitations for
Candidates Accepting Expenditure Ceilings.
(a) Notwithstanding subdivision (a) of Section
85301. if a c:mc:lidate accepts the expenditure ceilings set
by local ordinance pursuant to subdivision (c) of Section
85400. no person. other than small contributor
committeeS and political pany committees. shall make to
any such candidate or the candidate's controlled
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'1'496
committee for elective office in districts of fewer than
100.000 residents and no such candidate or the
c.:mdidare's comrolled committee shall accept trom any
su:h person a contribution or contributions totaling more
tlun rwo hundred fifty dollars (5250) for e:lch election in
willch the c:mdidate 15 anempting [Q be on the ballot or is
J wrue-In candidau:.
(b) Norwithstandin!! subdivision (b) of Section
8530 I. if a candidart: a':cepts the expenditure ceilings in
p;uagrnph (I) or (2) of subdivision ea) of Section 85400
or set by local ordinance pursuant to subdivision (c) of
Section 85400. no person. other rh.an small contributor
corruninees and politic~ pany conunittees. shall make to
any such candidate or the candidate's controlled
comminee for elective office in districts of 100.000
residents or more and no such candidate or the
t:lndidate's comrolled committee shall accept from any
su:h person a contribution or contributions totaling more
than five hundred' dollars ($500) for each election in
whIch the candidate is attempting [Q be on the ballot or is
J wme-In candidate.
(c) N otwithstanciing subdivision (C) of Section
8530 I. if a candidate ac:eprs the expenditure ceilings in
p;uagrnph (3) or (4) of subdivision (a) of Section 85400.
no person. other than small contributor comminees and
political party comminees. shall make to any such
candidate or the candidate's controlled committee for
statewide office ':lnd no such candidate or the candidate's
controlled committee shall accept from any such person
a contribution or contributions totaling more than one
thousand dollars ($ 1.000) for each election in which the
c::mdidate is anempting [Q be on the ballot or is a write-in
candidate,
* 85403. Time Periods for Expenditures.
For purposes of the expenditure ceilings. qualified
c.:unp:lign expendirures 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
c.:unpaign expenditures made after the date of such
ele=tion 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. P:lyments for
goods and services used in both periods shall be prorated.
* 85404. Expenditure Ceilings Lifted.
(a) If a candidate d:dines to accept voluntary
expenditure ceilings and receives contributions. has cash
. on hand. or makes qualified expenditures equal to 75
/0
percent or more of the recomml:nded 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 non.statewide 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 onginally accepted
voluntary expendirure ceilings shall be exempt from the
limits that political party committees may contribute to a
candida1e in Section 85304. and such candidates shall be
permitted to continue receiving contributions at the
.amounts set fonh in Section 85402 of this aCL
(b) If an independent expenditure committee or
committees in the aggregate spend in suppon or
opposition to a candidate for non-statewide office more
than 50 percent of the applicable-voluntary expenditure
ceiling. the voluntary expendiwre ceiling shall be three
times the limit specified in Section 85400 for any
candidate running for the same elective office. Any
c::mdidate running for that office who originally accepted
voluntary expenditure ceilings shall be exempt from the
limits that political party corrunittees may contribute to a
candidate in Section 85304, and such candidates shall be
permitted to continue receiving contributions at the
amounts set fonh in subdivision (a) or (b) of Section
85402 of this aCL
(c) If an independent expenditure committee or
committees in the aggregate spend in suppon 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
frem 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 fonh in subdivision (c)
of Section 85402 of this aCL
(d) The commission shall require candidates and
independent commine:es to provide sufficient, notice to the
commission and to all candidates for the same office that
they ~e approaching and exceeding the thresholds set
fonh in this section.
'.
":.
Article 5. Independent Expenditures.
~ 85500. Independent Expenditures.
(a) Any committee which makes independent
expenditures of more than one thousand dollars ($ 1.000)
in support of or in opposition to any candidate shall notify
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.
the filing officer :lnd :JII candidates running for the same
seat within 2~ hours by facsimile transffilssion or
overnIght delivery eacl1 time this threshold is meL The
corrnnission shall determine the disclosure requirement>
for this subdivision and shall establish guIdelines
permitting persons to file reportS indicating on-going
mdependent expendirures.
(b) Notwithstanding subdivision (d) of Section
S530 J. any committee that makes independent
expenditures of one thousand dollars ($ 1.000) or more
supponmg or opposing a candidate shall not accept any
::onrribuuon II1 excess of two hundred fifty dollars ($250)
per election.
(c) Any contributor that makes a conlribution of
one hundred dollars ($100) or more per election to a
candidate for elective office shall be considered to be
Jcting in concert with that candidate and shall not make
independent expenditures and contributions which in
combination exceed the amounts set forth in Section
S530 I in suppon OIlhat candidate or in opposition to that
;,;;mdidate's opponent or opponents.
(d) An expenditure shall not be considered
independent. ar,d 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 arrangemenL coordination. or
Jirecuon wi th respect to the candidate or the candidate' s
agent and the person making the expenditure.
(~) By a candidate or officeholder supporting
another candidate or officeholder of the same political
pmy running for a seat in the same legislative body of the
candidate or officeholder.
For purposes of this section. the person making the
expendillJI'e shall include any officer. director. employee.
or agent of that person.
.
.
Article 6. nallot Pamphlet and Sample Ballot.
~ 85600. Candidate Access to State Ballot
Pamphlet.
The Secretary of Slitte shall pr(Wide to all
ondidateS for statewide office; who voluntarily choose to
limit their campaign expenditures in accordance with the
provisions of this act, a campaign statement in the stale
ballot pamphlet of 100 words in primary and special
eiections. and 200 words in general elections. free of
J{
charge. CandidateS for'StattWtde office not choosing to
limit ~ their campaign expenditures in accordance LO
provisions of this act may also publish a ompaign
statement of similar length and format In the state ballot
pamphlet but shall be charged the pro 14ta cost of
printing. handling. tr.I1lSlating. 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. Candidate Access to Local Sample
Ballot Materials.
'(a) The -eierk of~h counry .shall provide to
candidates for offic:cs of the Scue Assembly, State Senate.
and Board of Equalization. who volunwily choose to
limit their campaign expenditures in accordance with this
aCL 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 Sl:l.tements 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. Notification to Voters.
The Secretary of State and local elections officers
shall prominently designate on the ballot and in the ballot
pamphlet 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.
Article/. Additional Contribution Requirements.
~ 85700. Disclosure of Occupation and
Employer.
No contribution of one hundred dollars ($100) or
more shall be deposited into a campaign checking
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"1496
:l:;:::ount unless the n:une. address. occupation. and
employer or the contribulOr IS on file in the records of the
iC~:;lpient or the contribution.
~ 85701. Receipt of Laundered Contributions.
Any per.;on who accepts a contribution which is not
from the person listed on the check or subsequent
c:unpaign disclosure statement shall be liable to pay the
state the entire amount of the laundered contribution. The
s:.arute oflimitauons shall not apply to !his provision. and
repayments to the state shall be made as long as the
person or any corruninee controlled by such a person has
;my funds sufficient to pay the sune.
~ 85702. Bundling of Contributions.
Contributions made directly or indirectly to or on
behalf of a panicular candidate through an intennediary
or conduit shall be treated as contributions from the
contributor and the intennediary or conduit to the
candidate for the purposes of this limiUltion unless the
Inlermediary or conduit is one of the following:
(a) The candidate or represenUltive of the
candidate receiving contributions on behalf of the
candid:1te, However. the representative shall nOI include
the following persons:
( I) A committee other than the candidate's
::unpaign corruninee.
(2) A.n officer. employee. or agent of a committee
other than the candidate' s campaign committee.
(3) A person registered as a lobbyist with the
govemmenUlJ agency for which the candidate is running
or is an officeholder.
(4) A.n officer. employee. or agent of a corporation
or labor orgamzatlon acting on behalf of the corporation
or organization.
(b) A \'olunteer. who olherv.'ise does not fall under
paragraphs (I) through (4) of subdivision (a) of !his
provision. hosting a fundraising event outside the
volunteer's place of business.
~ 85703. Earmarking of Contributions
Prohibited.
No person shall malee and no person. o!her 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 10 any panicular
candidate. The expendi~ of funds received by a person
shall be made at the sole discretion of the recipient
person.
* 85704. Contributions from Lobbyists.
No electe~ ..officeholder. ,candidate. or the
, candid:1te' s controlled comminee may solicit or accept a
/J-
campaign conaibution or contribution to an officeholder
account trom. 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 seelcing election or the
governmental agency of the officeholder.
.
~ 85705. Contributions from Governmental
Appointee;.
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 otBoe-siteH donate lO. 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 comminee controlled by such person
who made the appoinnnenL
~ 85706. Local Jurisdictions.
(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 faITh in this aCL
(b) The governing bOOy 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 aCL 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 subdivision (c) of Section
85400 of this act may set a uniform contribution ceiling
from any person to any candidate or the candidate's
controlled committee of a contribution or contributions
tOUlling no more than five hundred dollars ($500) for
each election in which the c:mdidate is auempting to be
on the ballot or is a write-in candidate. provided that the
program.offas a matChing fund ratio of at least one dollar
(S1) to each three matchable private contributions.
,".
Sections 83116 arul 83116.5 of the Government
Code are ameruled to read:
~ 83116. Violation of Title; Probable Cause;
He.aring; Notice; Order.
When tile Commission determines there is probable
cause for believing this title has been violated. it may
hold a he:uing 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.
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'11496
"\""
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.
?:U't 1. Chapter 5. Sections 11500 et seq.l. The
C)mmission shall have :111 the powers granted by that
chapter.
When the Commission detennines on the basts of
lhe he:mng that a violation has occurred. it shall issue an
order which may require the violator to:
(a) Cease and desist violation ot this title:
l b) File any repons. statements or other documents
or information required by this title:
(C) Pay a monetary penalry ot up to t<'l u ;:j,v..~I1..d
';;~:;_J ,:~_OOO) five thousand dollars (S5.00m l1er
\'lC'i.ltion to the General Fund of the state.
\\-'hen the Corrunission detennines that no violation
has occurred. it shall publish a declaration so stating.
~ 83116.5. Liability for Violations;
Administrative.
Any person who violates any provision of this title.
who purposely or negligently causes any other person to
\'Jolate any provision of this title. or who aids and abets
Jnv other person in the violation 01 any provision of this
title. shall be liable under the provisions of this chapter
Joa Ch:lD(er 11 (cnmmencinlr with Section Q100m.
r. ~. IJ~J. :.0.. ~.~.. .l..lt (I.;.. J~.bu.. ..~....ll "'1-'1-':" VIII.. to
!-"_.J.....fd nllu Lt.l.,~ 4~~:U=- VJ II..~OJ.L~,b~ obl~e~LI"J.I.hj uuj,-,"~
....:~ b.LL..... OJ, .,. :IV ~... .......,.J.ul-''-I.loJ,ulIr,ooJ fvj, .H..... ~ ~..~ ~u 'I ul f ~iJb
l:.... p~~uu~Uet G.. =~u.~-~ueo. v~ d~J.Iwo",,~ub ~L} o,.4.....l~ 'f ~l..,
,~::-..:..:.t~C O. . "'I";' db., tl.;J .;tJ.... .....J i:l._t.J. . ;61,ll;0l'l of
~:oI..j ..;Il..._lIVJI .JLtlll u,,-,l ....vu~G.lul~ ~u ..4Jditivu~; . ;uL..bvu
.....j.... 0....1-'1.... 1 :.
5 ection 9/000 of the Government Code is
umended to read:
~ 91000. Enforcement.
(a) Any person who knowingly or willfully
\'lolates any provision of this title is guilty of a
rrusdemeanor.
(b) In addition to other penalties provided by law.
:J fine of up to the greater of ten thousand dollars
rs I 0.000) or three times the amount the person failed to
fe?on 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
:ommenced within four years after the date on which the
VIolation occurred.
fQl The commission has concurrent iurisdiction in
enforcin!! the criminal misdemeanor nrovi5ions of this
lille,
/5
SectIons 9/004. 9/005.5 and 9/006 of the
Governmenr Code art ameruied to read:
~ 91004. Violation of Reporting Requirement;
Civil Liabili~'.
Any person who intentionally or negligently
violates any of the reporting requirements of this act, 2I:
who aids and abetS anv Derson who violates anv of the
reoortim~: reouirementS 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 reponed..
~ 91005.5. Civil Liability for Violations.
Anr~c:m-who -violates any provision of this title.
except Sections 84305. 84307. and 8900 I. for which no
specific civil penalty is provided.. shall be liable in a civil
action brought by the commission or the district :momey
pursuant to subdivision (b) of Section 91001. or the
elected city anorney pursuant to Section 91001.5. for an
amount up to t.. "" lJ.OtlJ_..c ~vlL. ~ ,::.:1:30) five
thousand dollars 155.000) [ler 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.
S 91006. Joint and Several Liability for
Violation.
AJlv omon who violate5 anv Drovision of this title.
who numoselv or ne!!li!!entlv causes anv other Derson to
violate any nrovi5ion of this tille. or who aids and abets
anv other nerson in (he violation of anv nroyision of this
title. shall be liable under the orovisions of this chanter
and ChaDtef 3 (commencinl! with Section 83100) of this
title. If tWO or more persons are responsible for any
violation. they shall be jointly and severally liable.
Section 91015 of the Government Code is repealed.
S 9181':. L~Mb=;;t_, fUll \.;ulQ!.:uu~, C.~.l~J.ul>l
AUJ C~ya.
7L... ...n v 'f ~')~""U..l '-'J". lL:... ...:.....~L..... .,J,;I.J.ll uvl ...~t-'l) to
'I ;vl~l:vu~ \.if S\P..~vu E:: 1 G.:.
Section 8420/ is added 10 the Government Code
to read:
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"1496
~ 84201. Contents of Campaign Statements:
Reponing Threshold.
The threshold f:Jr contributions and expenditures
reported in the c::unpaign statements designated in
S~::tions 84203,5. 84211. and 84219, except for
subdivision (i) Oi' Section 84219. and for C:lSh
conmbunons and anonymous contributions designated in
Secuons 84300 and 84304, shall be set at no more than
one hundred dollar:; (S 10m notwithstanding any other
provlsion of law or any legislative amendment to such
secuons.
Secrion 8-13055 of the Government Code is
amended to read:
~ 84305.5. Slate Mailers. Requirements.
(a) No slate mailer organization or corruniuee
pnlT'.:uily famed to support or oppose one or more ballot
me:lSures shall ~end a slate mailer unless:
( I) The name. street address. and city of the slate
m:lIier organIzation or corruniuee primarily famed to
support or oppose one or more ballot me:lSures are
shown on the outsIde oi each piece of slate mail and on ~
I~_". vI." vf thv ;,."".l> everv insert induded with each
piece of slate mail In no less than 8.point roman type
which shall be to a color or print which contrasts with the
background so as to he 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 corruniuee
primarily lamed to ,upport or oppose one or more ballot
measure is a matter of public record with the Secret.:lI)' of
Sl..:lle's Political Reform Division.
(2) Allhe top v, Lvlla... vi tLv :.. Gul of e:lch side
or surface vi'...l k....l 6..' :ld.:n of a slate mailer or at the
lOp a. DuttOI'l, of en:: ~:lch side or surface of a postcard or
other self-mailer. there is a notice in at le:lSt 8-point
roman boldface type. which shall be in a color or pnnt
which contrasts with the background so as to be easily
lecible. and in a printed or drawn box and set apart from
a;y other printed mauer. The notice shall consist of the
following statement:
III
NOTICE TO VOTERS
'.
THIS DOCUMENT WAS PREPARED BY
(name of slate mailer organization or cormniuee
primarily formed to suPPOrt or oppose one or more
ballot me:JSures). NOT AN OFFICIAL POliTICAL
PARTY ORGAN1ZATION. :...1-'...........",,:.. ~;3
Hl~~L... Jv......J uvl u.........Io.,...,lJ..u..l:l} :.u.lt-'lJ (.uaU.l",n"..ul\,...u[ of
utL'-",J ...t-'V'-.......~H~ :u tL~~ u~l\,...I.. U~.H Ju\"',."a ~l ~H.I.~~_T
\-udo.l.~'Iy..l.u'-'ul vl~ ~..H. \Jt-'t-"v~~~V.l.'" lv, .J.U) ~~.,H.U"'.,a ,;u...l fUI th
~l cl~ u.~G.... .\,t-'t-'-...",~.,... ~J ?~-..: [Vl ......ud ~\1tlJ\,,l.l.~,,",_d
b, .........1. "......&..:..1-. All candidates and ballot
..;..........u. ".I ... ;,;...1. ;~ measures designated by ~ ill
haYe Dftid for their listin~ in this mailer, A Iisrin~ in
this mailer does not necessarilv imulv endorsement of
Qfner candidares or measures listed in this mailer.
c.
(3) ~H_ ,.Ii..I...f.H.... .,.ltA I"r.....t ...ci~ ....~..J. ..J.uJ '~l) of (11-':' J:.........
U.l.w.~;'""'. Ch b..u~~..."..d~~vJ.l Vi (OUU.l.UuG..... ~.I. ~,I.,UIo.U. ~1..' f'vuu(,J [0
.H....ppv..l VI. u~r'\.J")1o.. VUII.. V.I. "UVI-\". Dt.,Jlot lUIwoM..H... '-'.... ....",:I
; L .. .., ;
r...~.p.~-...J b..' ~~J.=..J.~Al ,I) ...ua U~c. uvb(... n...t..p..u,-,,,",, ....'
tl~"~~L. (:) u......' ....:3t"""'~ V~4 e1,.ip .".-.1....1.,..1.10.,. ..)~d(.. VI ..a#....i""'''''''... vi
lb, ;.u.... L AIlv reference to a ballot measure that has uaid
to be included on the slate mailer shall also comolv with
the orovisions of Section 84503 et sea.
(4) Each candidate and each ballot measure that
has paid to appear in the slate mailer is designated by 1m
.& m. Any candidate or ballot measure that has not paid
to appear in the slate mailer is not designated by mr"'"
ill.
..'.
c
The.& ill required by this subdivision shall be of
the same type size. type style. color or contrast. and
le.2ibility as is used for the name of the candidate or the
b;jlot ~e:lSure name or number and position advocated
to which the .& ill designation applies except that in no
case shall the .& ill be required to be larger than I 0-
point boldface type. The designation shall immediately
follow the name of the candidate. or the name or number
and position advocated on the ballot me:JSure where the
designation appear:; in the slate of candidateS and
meas~. If there is no slate listing. the designation shall
appear at le:lSt once in at le:lSt 8-point boldface type.
immediately following the name of the candidate. or the
. name.nr number ~"r-1 position advocated on the ballot
measure.
(5) The name of any candidate appearing in the
slate mailer who is a member of a political parry differing
from the political parry which the mailer appears by
representation or indicia to represent is accompanied.
...
:..
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'''496
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~:
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.
.
L'11..'nedi:udy below th,= name. by the party designation of
the :andidale. In no less than 9-point roman rype which
shall be in a color or print that contr::lSts with the
ba:kground so as to be easily legible. The designation
sh:lll not be required in the case of candidates for
nonpartlsan office.
(b) For purposes of the designations required by
p:rragraph (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
org-aniution or comminee primarily formed to suppOrt or
oppose one or more ballot me::lSures, shall constitute a
payment to appear. requiring the .& ill designation. The
payment shall also be deemed to constiwte authorization
to appe::lf in the mailer.
(c) A slate mailer that complies with this section
shall be deemed te satisfy the requirements of Sections
20003 and 20004 Of the Elections Code.
SecrlOns 8.;501 through 84510 are added to the
Governmenr Code to read:
Article 5. Disclosure in Advertisements.
~ 84501. Advertisement.
(a) -Advertisement" means any general or public
;ldvertisement 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 p:u-ty 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.
"Cumulative contributions" means the cumulative
:ontributions to a committee beginning the first day the
statement of organization is filed under Section 84 J 0 I
and ending within seven days of the time the
advertisement is sent to the printer or broadcast station.
S 84503. Disclosure; Advertisement For or
Against BaUot Measures.
(al Any advertisement for or against any ballot
measure shall include a disclosure statement identifying
any person whose cumulative contributions are fifty
thousand dollars ($50.00m or more.
)s
(b) If there are more than two donors of fifty
thous.and dollars ($50,000) or morc. 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. Identification of Committee.
( a) .Any cornxninee that supporn or opposes one or
more ballot measures .shall name and identify itself using
a name or -phrase that de3I'ly ldemiii~ 'the economic or
other special interest'"of its major dono!1; of fifty thousand
dollars (S50.000) or more in any reference to the
committee required by law, induding. but not limited, to
its statement of organization filed pursuant to Section
841 0 1.
(b) If the major donors of fifty thousand dolltl!1;
($50.00m or more share a corronon employer. the identity
of the employer shall also be disdosed.
(c) Any committee which supports or opposes a
ballot measure, shall print or broadcast its name as
provided in this section as pan: of any advertisement or
other paid public statemenL
(d) If candidates or their controlled comminees, as
a group or individually, meet the contribution thresholds
for a person. they shall be identified by the controlling
candidate's name.
~ 84505. A voidance of Disclosure.
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 oi, the
disclosure oi any individual. industry. business entiry,
controlled committee. or sponsored committee as a major
funding source.
S 84506. Independent Expenditures;
Advertisements.
If the expendiwre 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
n__.;lJ1y.disclos:w:es,~uiredb~',Se.::tions 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 commiuee names required by this
section, the names of any sponsoring organization of the
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commlttee shall be prin:ed on pnnt advenisemems or
spoken in broadcast advenisements. For me purposes of
detennining me two conlributors to be disclosed. me
conOlbutions of each person to me committee making me
independent expenditure during me one-year period
before me election shall be aggregated.
!i 84507. Printed Statement or Broadcast
Communication.
Any disclosure statement required by this anicle
shall be printed clearly and legibly in no less than 10-
pomt type and in a conspicuous manner as defined by the
commission or. if the communication is broadcasL the
information shall be spoken so as to be cle:u-Iy audible
and understood by the intended public and otherwise
appropriately conveyed for the hearing impaired.
!i 84508. Disclosure of One Funding Source on
Any Advertisement.
If disclosure of twO major donors is required by
Secllons 84503 and 84506. the committee shall be
required to disclose. in addition to the committee name.
oniy its highest major contributor in any advenisement
which is:
(a) An elec:ronic broadcast of IS seconds or less,
or
(b) A newspaper. magazine. or other public print
media advertisement which is 20 square inches or less.
!i 84509. Amended Statements.
When a committee files an amended campaign
statement pursuant to Section 81004.5, the committee
shall change its advenisements to reflect the changed
dis::losure information.
S 84510. Remedies for Article Violations:
Civil Action: Fines.
(a) In addition. to the remedies provided for in
Chapter II (commencing with Section 91000) of this
title. any person who violates this article is liable in a
civil or administr.ltive action brought by the commission
or any person for a fine up to three times the cost of the
advertisemenL including placement costs. .
(b) The remedies provided in subdivision (a) shall
also apply to any person who purposely causes any other
P'"..tSon to viDlate any provisiDn Df this anide or who aids
and abets any Dther per~n in a~io1ation.
(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 actiDn brought by a local
It,
civil prosecutor. 50 percent shaH' be depositerl in the
account of the agency bringing the action and 50 percent
shall be paid to the General Fund of the state.
.
Section 82039 of the Government Code IS
amended to read:
~ 82039. Lobbyist.
"Lobbyist" me3I1S any individual who i.l ""'p;6)"d
u. "u.,1:.,....;"l;cr receives two thousand dollars ($2.000) or
more in economic consideration in a calendar month.
other than reiml:rorsement for re:lScmable tr.lvel expenses.
or whose urincioal duties as an emolovee 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
adIninistrative actiou. J t.I. ~dbJU1.ci..d v~ ;. '-'eJ".il'41. t-'v. U\.IU o{
th-... u/P~ , ~~~~ io. ~ il~c.h li\p V6 .....l,,,,", . l......_~ ''-J ~VU.;ll~JI.& ",,-bvu
~.;I kh ~\, ~YJ. t-'''-'oJ'-' of ~lJlu,"".uIo,.~u= l~e~..)l...~, G v"
~";lI~lI;.>t:."b,,, ..~r:;6... No individual is a lobbyist by
reason of acuvities described in Section 86300.
SectWns 83124 and 85802 are added to the
Government Code to read:
~ 83124. Cost of Living Adjustment.
The commission shall adjust the contribution
limitations and expenditure limitations provisions in
SectiDns 85100 et seq. in January of every even-
numbered year to reflect any increase or decrease in the
California Consumer Price Index. Such adjusonents shall
be rounded to the nearest 50 for the limitations on
contributions and the nearest 1.000 for the limitations on
expenditures.
.
~ 85801. Appropriation to the Fair Political
Practices Commission.
There is hereby appropriated from me General
Fund of the State to the Fair Political Practices
Commission the sum of five hundred thDusand dollars
($500,000) annually above and beyond the
apprDpriations established for the commission in the
fiscal year immediately prior to the effective date of this
. acL adjusted for cost~of-living changes. for expenditures
to suppOrt the operations of me commission pur:suant to
this acL If any provision of this act is successfully
.chaHenged,-any-aRef'fteY's-rees and costs shall be paid
from the Genera1 Fund and the corrunission' s budget shall
not be reduced accordingly.
Section 20300 of the Elections Code is repealed
and Sectinn 895 J 9 of the Govemment Code is repealed
.
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~,
r
.
.
.
and the following section is added to the Governmenr
Code to read:
~ 89519. Surplus Campaign Funds.
.-\ny campaign funds in excess of expenses incurred
for the carnpaign or for expenses specified in subdivision
(d) of Section 85305. received by or on behalf of an
individual who seeks nanunation for election. or election
to office. shall be deemed tn be surplus campaign funds
and shall be distributed within 90 days after withdrawal,
dereat. 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
ele::tion shall not be deposited into the officeholder
Jccount within 60 days immediately following the
election.
(b) Any remaining surplus funds shall be
disuibuted to any political party. returned to contributors
on a pro rata basiS. or turned over to the General Fund.
Construction.
This act shall be liberally construed to accomplish
Its purposes.
Legislative Amendments.
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.
Nothing in this law shall exempt any person from
applicable provisions of any other laws of this state.
Severability ,
(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 n<*~-1iffected 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 8530 I through 85313
shall apply.
J 7
Conflicting Ballot Measures.
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.
This law shall become effective January 1. 1997.
Amendment to Political Refonn Act.
TIll.;; 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.
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