California Legislature—2015–16 Regular Session

Assembly BillNo. 2250


Introduced by Assembly Member Ridley-Thomas

February 18, 2016


An act to amend Section 85320 of the Government Code, relating to the Political Reform Act of 1974, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 2250, as introduced, Ridley-Thomas. Political Reform Act of 1974: contribution limitations.

The Political Reform Act of 1974 imposes various limitations on contributions that may be made to, or accepted by, candidates for elective office and campaign committees that support or oppose candidates and ballot measures. The act prohibits a foreign government or principal, as defined, from making a contribution or expenditure in connection with a ballot measure. The act also prohibits a person or committee from soliciting or accepting a contribution from a foreign government or principal for this purpose.

This bill would expand the scope of these prohibitions by also prohibiting a foreign government or principal from making a contribution or expenditure, and a person or committee from soliciting or accepting this type of contribution, in connection with an election.

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

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

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

The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a 23 vote of each house and compliance with specified procedural requirements.

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

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

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SECTION 1.  

Section 85320 of the Government Code is
2amended to read:

3

85320.  

(a) begin deleteNo end deletebegin insertA end insertforeign government or foreign principal shall
4begin insert notend insert make, directly or through any other person,begin delete anyend deletebegin insert aend insert contribution,
5expenditure, or independent expenditure in connection withbegin insert an
6election, includingend insert
the qualification or support of, or opposition
7to,begin delete anyend deletebegin insert aend insert state or local ballot measure.

8(b) begin deleteNo end deletebegin insertA end insertpersonbegin delete and noend deletebegin insert or aend insert committee shallbegin insert notend insert solicit or accept
9a contribution from a foreign government or foreign principal in
10connection withbegin insert an election, includingend insert the qualification or support
11of, or opposition to,begin delete anyend deletebegin insert aend insert state or local ballot measure.

12(c) For the purposes of this section, a “foreign principal”
13includes the following:

14(1) A foreign political party.

15(2) A person outside the United States, unless either of the
16following is established:

17(A) The person is an individual and a citizen of the United
18States.

19(B) The person is not an individual and is organized under or
20created by the laws of the United States or of any state or other
21place subject to the jurisdiction of the United States and has its
22principal place of business within the United States.

23(3) A partnership, association, corporation, organization, or
24other combination of persons organized under the laws of or having
25its principal place of business in a foreign country.

P3    1(4) A domestic subsidiary of a foreign corporation if the decision
2to contribute or expend funds is made by an officer, director, or
3management employee of the foreign corporation who is neither
4a citizen of the United States nor a lawfully admitted permanent
5resident of the United States.

6(d) This sectionbegin delete shallend deletebegin insert doesend insert not prohibit a contribution,
7expenditure, or independent expenditure made by a lawfully
8admitted permanent resident.

9(e) begin deleteAny end deletebegin insertA end insertperson who violates this sectionbegin delete shall beend deletebegin insert isend insert guilty of
10a misdemeanorbegin delete and shall be fined an amount equal toend deletebegin insert punishable
11by a fine inend insert
the amount contributed or expended.

12

SEC. 2.  

No reimbursement is required by this act pursuant to
13Section 6 of Article XIII B of the California Constitution because
14the only costs that may be incurred by a local agency or school
15district will be incurred because this act creates a new crime or
16infraction, eliminates a crime or infraction, or changes the penalty
17for a crime or infraction, within the meaning of Section 17556 of
18the Government Code, or changes the definition of a crime within
19the meaning of Section 6 of Article XIII B of the California
20Constitution.

21

SEC. 3.  

The Legislature finds and declares that this bill furthers
22the purposes of the Political Reform Act of 1974 within the
23meaning of subdivision (a) of Section 81012 of the Government
24Code.

25

SEC. 4.  

This act is an urgency statute necessary for the
26immediate preservation of the public peace, health, or safety within
27the meaning of Article IV of the Constitution and shall go into
28immediate effect. The facts constituting the necessity are:

29In order to protect the process of democratic self-government
30for Californians in elections held in 2016 by restricting campaign
31contributions and expenditures made by foreign principals and
32foreign governments, it is necessary that this act take immediate
33effect.



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