Amended in Assembly April 7, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 594

Introduced by Assembly Member Gordon

February 24, 2015

An act to amend Sections begin delete 82013, end delete 82036, 82036.5, 84101, 84103, 84200.6, and 84218 of, to repeal Sections 84200.7, 84202.5, and 84203.5 of, and to repeal and add Section 84200.5 of, the Government Code, relating to the Political Reform Act of 1974.

LEGISLATIVE COUNSEL’S DIGEST

AB 594, as amended, Gordon. Political Reform Act of 1974: campaign statements.

Existing law, the Political Reform Act of 1974, provides for the comprehensive regulation of campaign financing, including requiring the reporting of campaign contributions and expenditures and imposing other reporting and recordkeeping requirements on campaign committees. The act requires elected officers, candidates, and committees to file various reports, including semiannual reports, preelection statements, and supplemental preelection statements.

This bill would recast the requirements for filing preelection statements and would repeal other reporting requirements, including supplemental preelection statements and supplemental independent expenditure reports.

The begin delete act defines “committee” as a person or combination of persons who receives contributions or makes independent expenditures of $1,000 or more in a calendar year or who makes contributions of $10,000 or more in a calendar year to or at the behest of candidates. The end delete act defines “late contributions” and “late independent expenditures” for purposes of the act to include certain contributions and independent expenditures, respectively, that are made within 90 days before the date of the election.

begin delete

This bill would revise the definition of “committee” by increasing the qualifying monetary thresholds to $2,000 for contributions received or independent expenditures made by a person or combination of persons or $20,000 for contributions made to or at the behest of candidates by a person or combination of persons.

end delete

This bill would revise the definitions of “late contributions” and “late independent expenditures” to begin delete increase the reporting threshold to $2,000 and to end delete specify that those terms also include contributions and independent expenditures that are made on the date of the election.

The bill would also make conforming changes.

A violation of the act’s provisions is punishable as a misdemeanor. By expanding the scope of a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a 2⁄3 vote of each house and compliance with specified procedural requirements.

This bill would declare that it furthers the purposes of the act.

Vote: ²⁄₃. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

begin delete

SECTION 1.  

Section 82013 of the Government Code is
amended to read:

82013.  

“Committee” means any person or combination of
persons who directly or indirectly does any of the following:

(a) Receives contributions totaling two thousand dollars ($2,000)
or more in a calendar year.

(b) Makes independent expenditures totaling two thousand
dollars ($2,000) or more in a calendar year; or

(c) Makes contributions totaling twenty thousand dollars
($20,000) or more in a calendar year to or at the behest of
candidates or committees.

A person or combination of persons that becomes a committee
shall retain its status as a committee until such time as that status
is terminated pursuant to Section 84214.

end delete

begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

Section 82036 of the Government Code is
amended to read:

82036.  

“Late contribution” means any of the following:

(a) A contribution, including a loan, that totals in the aggregate
begin delete two end delete begin insert one end insert thousand dollars begin delete ($2,000) end delete begin insert ($1,000) end insert or more and is made
to or received by a candidate, a controlled committee, or a
committee formed or existing primarily to support or oppose a
candidate or measure begin delete on the date of the election, or end delete during the
90-day period preceding the date of the election begin insert , or on the date of
the election end insert , at which the candidate or measure is to be voted on.
For purposes of the Board of Administration of the Public
Employees’ Retirement System and the Teachers’ Retirement
Board, “the date of the election” is the deadline to return ballots.

(b) A contribution, including a loan, that totals in the aggregate
begin delete two end delete begin insert one end insert thousand dollars begin delete ($2,000) end delete begin insert ($1,000) end insert or more and is made
to or received by a political party committee, as defined in Section
85205, begin delete on the date of a state election or end delete within 90 days before the
date of a state election begin insert or on the date of the election end insert .

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

Section 82036.5 of the Government Code is amended
to read:

82036.5.  

“Late independent expenditure” means an independent
expenditure that totals in the aggregate begin delete two end delete begin insert one end insert thousand dollars
begin delete ($2,000) end delete begin insert ($1,000) end insert or more and is made for or against a specific
candidate or measure involved in an election begin delete on the date of the
election or end delete during the 90-day period preceding the date of the
election begin insert or on the date of the election end insert . For purposes of the Board
of Administration of the Public Employees’ Retirement System
and the Teachers’ Retirement Board, “the date of the election” is
the deadline to return ballots.

begin delete SEC. 4. end delete
begin insert SEC. 3. end insert   

Section 84101 of the Government Code is amended
to read:

84101.  

(a) A committee that is a committee by virtue of
subdivision (a) of Section 82013 shall file a statement of
organization. The committee shall file the original of the statement
of organization with the Secretary of State and shall also file a
copy of the statement of organization with the local filing officer,
if any, with whom the committee is required to file the originals
of its campaign reports pursuant to Section 84215. The original
and copy of the statement of organization shall be filed within 10
days after the committee has qualified as a committee. The
Secretary of State shall assign a number to each committee that
files a statement of organization and shall notify the committee of
the number. The Secretary of State shall send a copy of statements
filed pursuant to this section to the county elections official of each
county that he or she deems appropriate. A county elections official
who receives a copy of a statement of organization from the
Secretary of State pursuant to this section shall send a copy of the
statement to the clerk of each city in the county that he or she
deems appropriate.

(b) In addition to filing the statement of organization as required
by subdivision (a), if a committee qualifies as a committee under
subdivision (a) of Section 82013 before the date of an election in
connection with which the committee is required to file preelection
statements, but after the closing date of the last campaign statement
required to be filed before the election pursuant to Section 84200.8
or 84200.9, the committee shall file, by facsimile transmission,
online transmission, guaranteed overnight delivery, or personal
delivery within 24 hours of qualifying as a committee, the
information required to be reported in the statement of organization.
The information required by this subdivision shall be filed with
the filing officer with whom the committee is required to file the
originals of its campaign reports pursuant to Section 84215.

(c) If an independent expenditure committee qualifies as a
committee pursuant to subdivision (a) of Section 82013 during the
time period described in Section 82036.5 and makes independent
expenditures of begin delete two end delete begin insert one end insert thousand dollars begin delete ($2,000) end delete begin insert ($1,000) end insert or
more to support or oppose a candidate or candidates for office, the
committee shall file, by facsimile transmission, online transmission,
guaranteed overnight delivery, or personal delivery within 24 hours
of qualifying as a committee, the information required to be
reported in the statement of organization. The information required
by this section shall be filed with the filing officer with whom the
committee is required to file the original of its campaign reports
pursuant to Section 84215, and shall be filed at all locations
required for the candidate or candidates supported or opposed by
the independent expenditures. The filings required by this section
are in addition to filings that may be required by Section 84204.

(d) For purposes of this section, in calculating whether begin delete two end delete begin insert one end insert
thousand dollars begin delete ($2,000) end delete begin insert ($1,000) end insert in contributions has been
received, payments for a filing fee or for a statement of
qualifications to appear in a sample ballot shall not be included if
these payments have been made from the candidate’s personal
funds.

begin delete SEC. 5. end delete
begin insert SEC. 4. end insert   

Section 84103 of the Government Code is amended
to read:

84103.  

(a) If there is a change in any of the information
contained in a statement of organization, an amendment shall be
filed within 10 days to reflect the change. The committee shall file
the original of the amendment with the Secretary of State and shall
also file a copy of the amendment with the local filing officer, if
any, with whom the committee is required to file the originals of
its campaign reports pursuant to Section 84215.

(b) In addition to filing an amendment to a statement of
organization as required by subdivision (a), a committee as defined
in subdivision (a) of Section 82013 shall, by facsimile transmission,
online transmission, guaranteed overnight delivery, or personal
delivery within 24 hours, notify the filing officer with whom it is
required to file the originals of its campaign reports pursuant to
Section 84215 if the change requiring the amendment occurs before
the date of the election in connection with which the committee
is required to file a preelection statement, but after the closing date
of the last preelection statement required to be filed for the election
pursuant to Section 84200.8, if any of the following information
is changed:

(1) The name of the committee.

(2) The name of the treasurer or other principal officers.

(3) The name of any candidate or committee by which the
committee is controlled or with which it acts jointly.

The notification shall include the changed information, the date
of the change, the name of the person providing the notification,
and the committee’s name and identification number.

A committee may file a notification online only if the appropriate
filing officer is capable of receiving the notification in that manner.

begin delete SEC. 6. end delete
begin insert SEC. 5. end insert   

Section 84200.5 of the Government Code is repealed.

begin delete SEC. 7. end delete
begin insert SEC. 6. end insert   

Section 84200.5 is added to the Government Code, to
read:

84200.5.  

In addition to the campaign statements required by
Section 84200, elected officers, candidates, and committees shall
file preelection statements as follows:

(a) All candidates appearing on the ballot to be voted on at the
next election, their controlled committees, and committees
primarily formed to support or oppose an elected officer, candidate begin insert , end insert
or a measure appearing on the ballot to be voted on at the next
election shall file the applicable preelection statements specified
in Section 84200.8.

(b) All elected state officers and candidates for elective state
office who are not appearing on the ballot at the next statewide
primary or general begin delete election ballot, end delete begin insert election, end insert and who, during the
preelection reporting periods covered by Section 84200.8,
contribute to any committee required to report receipts,
expenditures, or contributions pursuant to this title, or make an
independent expenditure of begin delete one thousand end delete begin insert five hundred end insert dollars
begin delete ($1,000) end delete begin insert ($500) end insert or more in connection with the statewide primary
or general election, shall file the applicable preelection statements
specified in Section 84200.8.

(c) A state or county general purpose begin delete recipient end delete committee
formed pursuant to subdivision (a) of Section 82013, other than a
political party committee as defined in Section 84205, shall file
the applicable preelection statements specified in Section 84200.8
if it makes contributions or independent expenditures totaling begin delete one
thousand end delete begin insert five hundred end insert dollars begin delete ($1,000) end delete begin insert ($500) end insert or more in
connection with the statewide primary or general election during
the period covered by the preelection statements. However, a state
or county general purpose committee formed pursuant to
subdivision (b) or (c) of Section 82013 is not required to file the
preelection statements specified in Section 84200.8.

(d) A political party committee as defined in Section 84205
shall file the applicable preelection statements specified in Section
84200.8 in connection with a begin delete statewide end delete begin insert state end insert election if the
committee receives contributions totaling one thousand dollars
($1,000) or more, or if it makes contributions or independent
expenditures totaling begin delete one thousand end delete begin insert five hundred end insert dollars begin delete ($1,000) end delete
begin insert ($500) end insert or more, in connection with the election during the period
covered by the preelection statement.

(e) A city general purpose committee formed pursuant to
subdivision (a) of Section 82013 shall file the applicable
preelection statements specified in Section 84200.8 if it makes
contributions or independent expenditures totaling begin delete one thousand end delete
begin insert five hundred end insert dollars begin delete ($1,000) end delete begin insert ($500) end insert or more in connection with
a city election in the committee’s jurisdiction during the period
covered by the preelection statements. However, a city general
purpose committee formed pursuant to subdivision (b) or (c) of
Section 82013 is not required to file the preelection statements
specified in Section 84200.8.

(f)  begin delete CalPERS and CalSTRS Elections. end delete During an election period
for the Board of Administration of the Public Employees’
Retirement System or the Teachers’ Retirement Board:

(1) All candidates for these boards, their controlled committees,
and committees primarily formed to support or oppose the
candidates shall file the preelection statements specified in Section
84200.9.

(2) A state or county general purpose committee formed
pursuant to subdivision (a) of Section 82013 shall file the
preelection statements specified in Section 84200.9 if it makes
contributions or independent expenditures totaling begin delete one thousand end delete
begin insert five hundred end insert dollars begin delete ($1,000) end delete begin insert ($500) end insert or more during the period
covered by the preelection statement to support or oppose a
candidate, or a committee primarily formed to support or oppose
a candidate on the ballot for the Board of Administration of the
Public Employees begin insert ’ end insert Retirement System or the Teachers’ Retirement
Board.

(3) However, a general purpose committee formed pursuant to
subdivision (b) or (c) of Section 82013 is not required to file the
statements specified in Section 84200.9.

begin delete SEC. 8. end delete
begin insert SEC. 7. end insert   

Section 84200.6 of the Government Code is amended
to read:

84200.6.  

In addition to the campaign statements required by
Sections 84200 and 84200.5, all candidates and committees shall
file the following special statements and reports:

(a) Late contribution reports, when required by Section 84203.

(b) Late independent expenditure reports, when required by
Section 84204.

begin delete SEC. 9. end delete
begin insert SEC. 8. end insert   

Section 84200.7 of the Government Code is repealed.

begin delete SEC. 10. end delete
begin insert SEC. 9. end insert   

Section 84202.5 of the Government Code is repealed.

begin delete SEC. 11. end delete
begin insert SEC. 10. end insert   

Section 84203.5 of the Government Code is repealed.

begin delete SEC. 12. end delete
begin insert SEC. 11. end insert   

Section 84218 of the Government Code is amended
to read:

84218.  

(a) A slate mailer organization shall file semiannual
campaign statements no later than July 31 for the period ending
June 30, and no later than January 31 for the period ending
December 31.

(b) In addition to the semiannual statements required by
subdivision (a), a slate mailer organization which produces a slate
mailer supporting or opposing candidates or measures being voted
on in an election shall file the statements specified in Section
84200.8 if, during the period covered by the preelection statement,
the slate mailer organization receives payments totaling begin delete one
thousand end delete begin insert five hundred end insert dollars begin delete ($1,000) end delete begin insert ($500) end insert or more from any
person for the support of or opposition to candidates or ballot
measures in one or more slate mailers, or expends five hundred
dollars ($500) or more to produce one or more slate mailers.

(c) A slate mailer organization shall file two copies of its
campaign reports with the clerk of the county in which it is
domiciled. A slate mailer organization is domiciled at the address
listed on its statement of organization unless it is domiciled outside
California, in which case its domicile shall be deemed to be Los
Angeles County for purposes of this section.

In addition, slate mailer organizations shall file campaign reports
as follows:

(1) A slate mailer organization which produces one or more
slate mailers supporting or opposing candidates or measures voted
on in a state election, or in more than one county, shall file
campaign reports in the same manner as state general purpose
committees pursuant to subdivision (a) of Section 84215.

(2) A slate mailer organization which produces one or more
slate mailers supporting or opposing candidates or measures voted
on in only one county, or in more than one jurisdiction within one
county, shall file campaign reports in the same manner as county
general purpose committees pursuant to subdivision (c) of Section
84215.

(3) A slate mailer organization which produces one or more
slate mailers supporting or opposing candidates or measures voted
on in only one city shall file campaign reports in the same manner
as city general purpose committees pursuant to subdivision (d) of
Section 84215.

(4) Notwithstanding the above, no slate mailer organization
shall be required to file more than the original and one copy, or
two copies, of a campaign report with any one county or city clerk
or with the Secretary of State.

begin delete SEC. 13. end delete
begin insert SEC. 12. end insert   

No reimbursement is required by this act pursuant
to Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

begin delete SEC. 14. end delete
begin insert SEC. 13. end insert   

The Legislature finds and declares that this bill
furthers the purposes of the Political Reform Act of 1974 within
the meaning of subdivision (a) of Section 81012 of the Government
Code.