HomeMy WebLinkAboutMINUTES - 08081995 - SD10AB IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
Recommendation to Endorse )
Campaign Reform Initiative Effort ) RESOLUTION 95/386
WHEREAS, good government groups like Common Cause, the League of Women Voters,
United We Stand and the American Association of Retired Persons have filed a Statewide
Initiative which would limit campaign spending through variable contribution limits, slash
special interest campaign contributions and provide effective disclosure of contributions
on political ads; and
WHEREAS, this Initiative is based on the same principles of reducing real or perceived
special interest influence and leveling the playing field between challengers and
incumbents as the Contra Costa County Campaign Spending Reform Ordinance recently
adopted unanimously by the Board of Supervisors; and
WHEREAS, this Initiative provides a minimum level of protection from unlimited campaign
spending for California local governmental bodies, while still allowing ultimate local control;
and
WHEREAS, the Initiative provides for lower contribution limits and disclosure on the ballot
to discourage candidates from rejecting the recommended spending limits; and
WHEREAS, providing a cap on campaign spending reduces the time spent by candidates
seeking campaign contributions, reduces real or perceived undue influence of campaign
contributions and reduces the traditional advantage of better funded incumbents; and
WHEREAS, this Initiative restricts Sacramento lobbyists in delivering campaign
contributions and closes the "revolving door" of ex-legislators lobbying the Legislature; and
WHEREAS the citizens groups sponsoring this Initiative are relying on a shoe-string
budget grass roots effort to qualify the Initiative for the November, 1996 ballot;
NOW THEREFORE BE IT RESOLVED that the Contra Costa County Board of Supervisors
endorses the Initiative and encourages County residents to sign the petitions to qualify the
Initiative for the ballot, and volunteers to support the Initiative; and
BE IT FURTHER RESOLVED that the Board of Supervisors expresses its appreciation to
the citizens groups for embarking on an important and difficult task by issuing a Certificate
of Appreciation to representatives of Common Cause, the League of Women Voters,
United We Stand and the American Association of Retired Persons.
INTRODUCED by Supervisor Jim Rogers the 8th day of August, 1995.
PASSED and ADOPTED by the unanimous vote of the Board on the eighth day of August,
1995.
1 certify that the foregoing is a true and correct copy of a resolution entered on the minutes
of the Board of Supervisors on the date aforesaid.
Witness my hand and the seal of the
Board of Supervisors affixed this eighth
day of August, 1995.
Phil Batchelor, Clerk of the Board of
Supervisors and Co u ty Administrator
By J, A J +_�
Depu ti
k
SD.10B
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 8, 1995 , by the following vote:
AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: None
ABSTAIN: None
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SUBJECT: Campaign Reform Initiative Effort
On this date, the Board of Supervisors considered a
recommendation to endorse a campaign reform initiative effort.
Following Board discussion, IT IS BY THE BOARD ORDERED that
Resolution No. 95/386 is ADOPTED; and
Staff is DIRECTED to monitor the initiative for possible
amendment.
1 homtr,�eartify that this isa true8ndc0rrectc0Py0f
an action taken and entered on the minutes of the
Board of Su .Isors On shown.
ATTESTED:
Milt.
13ATCMVLOFL Clerk of the Board
of Suponteors Wx1 Qu*Administrator
1Aj ......,Deputy
cc: County Administrator
Common Cause (via CAO)
League of Women Voters (via CAO)
United We Stand (via CAO)
AARP (via CAO)
CONTRA COSTA COUNTY COMMON CAUSE
DATE: August 7, 1995
To: Contra Costa County Board of Supervisors
FROM: Citizens for Political Reform (CPR)
RE: California Politica! Campai n Finance Reform Initiative
CC: Ruth Holton, Liz Lambe
Message
On behalf of Contra Costa County Citizens for Political Reform (CPR), I urge
you to unanimously pass the resolution submitted by Supervisor Rogers to
support the California Political Campaign Finance Reform Initiative_
The Initiative is scheduled to be on the statewide ballot in November 1996.
Initiative specifics are attached for your review and consideration.
Currently State and Contra Costa County Chapters of The League of Women
Voters, AARP, United We Stand America, and Common Cause are strongly
supporting the Campaign Finance Reform Initiative.
Your support for the initiative will be greatly appreciated by all supporting
organizations, ,
Sincerely, - -
r�
. Scott Tel 5101228-3528
Volunteer Coordinator Fax 5101228-1298
CC Common Cause/CPR
CALIFORNIANS FOR POLITICAL REFORM
Tony Miller,Treasurer Campaign I.D. #950567
1996 CALIFORNIA POLITICAL REFORM ACT
Applicability
All state and local elective offices -would apply in all elections within the state except where more
restrictive election laws already exist.
Limitations on Contributions '
Legislature Statewide
Individuals may contribute to a candidate: $250 $500
Corporations, Unions, Organizations and
PACs may contribute to a candidate: $250 $500
Small Contributor Committees: (committees $500 $1,000
with 100+ members who contribute$50 or less.)
Transfers from other Candidates: Banned
In jurisdictions of less than 100,000 residents, no candidate may receive a
contribution of more than $100 from any source.
Aggregate Contribution Limits
Total amount a candidate may
receive from non-individuals, 25% of spending limit
excluding small contributor PACs:
Total amount a candidate may
receive from his or her Party: 25% of spending limit
Combined total that any entity or individual
can contribute to state candidates and political
party committees: $25,000/2 yrs.
$500/yr. limit on contributions to a committee that supports or opposes candidates.
Candidate Contributions
A candidate may only loan his/her own campaign $20,000 ($50,000 for Governor) per election
cycle. The U.S. Supreme Court prohibits limitations on the amount a candidate can
personally contribute to his/her own campaign.
Buadlina of Contributions
Bans bundling by placing strict limits on who can receive funds for the candidate.
9261 Street, Suite 910, Sacramento,CA 95814 916/444-0834 FAX 916/443-1897
10951 West Pico Boulevard, Los Angeles,CA 90064 310/475-7376 FAX 310/475-6997
Page 2
Limitations on Political Parties
$5,000 per year limit on contributions from any single entity to a political party.
Prohibits earmarking of contributions made to political parties or independent political committees
for a specific candidate.
Voluntary Spending Limits
The U.S. Supreme Court has ruled that spending limits must be voluntary and candidates
who comply must be provided an incentive to abide by the limits.
amending limits:
Assembly - primary $100,000 Senate -primary $ 200,000
- general $200,000 - general $400,000
Statewide- primary $1 million Governor-primary $4 million
- general $2 million - general $A million
The legislative spending limits would reduce spending by approximately 40% compared to
the 1994 election. The gubernatorial limits would reduce spending by approximately
60%.
Incentives-,
Candidates would be allowed to accept double the contribution limits. For example, the$250 limit
for legislative candidates would be raised to$500.
Candidates would be provided a free statement in the ballot pamphlet sent to voters.
Designation on the ballot indicating the candidate agreed to spending limits
Protections:
The spending limit would triple for legislative candidates and double for statewide candidates if:
1)The opponent who had not agreed to the limits raised or spent 75% of the limit.
2) An independent expenditure campaign over 50% of the spending limit was run in support of the
opponent or against the candidate who agreed to the spending limits.
The candidate could receive unlimited contributions from a political party committee if:
1) The opponent who had not agreed to the limits raised or spent 75% of the limit.
2) Independent expenditures in the race exceed 50% of the spending limit. For statewide races it
would be 25% of the spending limit.
r-�
Page 3
Non-Election Year Fundraising
Fundraising limited to 6 months prior to the primary and 90 days following the general election
to curb the practice of elected officials constantly raising money while in office. Candidates
for statewide office may start fundraising 12 months prior to the primary.
Campaign Warchests.
Bans campaign warchests. A candidate m4y only keep$10,000 in left over contributions for
use in his/her officeholder account. The retnainder must be donated to the state general fund,
the party or returned to the contributor.
Regulation of Lobbyists
Prohibits lobbyists from making, arranging or delivering campaign contributions.
Prohibits candidates from soliciting lobbyists for contributions.
Disclosure
Ballot measure committees and independent expenditure committees must disclose the committee's
top two funding sources on all advertisements.
Candidates may not deposit contributions of$100 or more until all disclosure information is
obtained
Enforcement
Strengthen the Fair Political Practices Commission's(FPPQ authority by permitting the FPPC to
bring misdemeanor actions.
Increases ability of citizens to seek enforcement.
Increases fine for violations to$5,000 per violation.
Miscellaneous
Severability clause- Should there be a challenge to any single provision of the initiative,that
provision could be invalidated without invalidating the remainder of the initiative.
A two-thirds vote of the Legislature is required to amend the initiative.This is consistent with the
current Political Reform Act of 1974.
Suggorters
AARP,the American Lung Association of California, Common Cause,the League of
Women Voters of California, United We Stand America.
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IV to'get something
poclness:of fheuhearts eye{
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why Should You Care? t Califorcua's elected
-1 Ih a direct effect on the decisions theurailce,access
of campai . our Bail life the;cost of car
The financing issues that affect y, y
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' fficials make on critical ,
0 of education,'restrictions on toxic waste disposal,
to affordable health care;the quality enc services.
lice,fire and emerg y
resources for police,
A few eacamples: islation that..
n'93 -94 defeated leg
I.
Dentists' PAC which contributed Over$50,t000, ieThis bill would have
The ietiists to setup
would allow dental hyg s to basic dental services.
significantly increases acres
uteri over$1 million in'93294 won passage of a bill that
• oil companies which
hi hcontriib°ns from oversight by the Dept.of Toxics' .
exempts most refinery
put hundreds of millions of dollars i 103.
• Insurance agents successfully lobbied t°Pmillion.
ions Off-limits in the calculation oft CA consume mandated300 Milliunder Prof.
commissions t Of Insurance this cos
According to the Dep
926 J Street.Suite 910.Sacramento,CA 95811 916/ `
FAX 91614443-189`7
1o9s1 West Pico Boulevard.Los Angeles.CA 90061 31014-7c T76 FAX 310/415 6`�7
FORTUNATELY, ; YOU CAN DO SOMETHING ABOUT THIS
California Common Cause, the League of Women Voters of California,the American
Association-of Retired Persons, United We Stand America and others are working to -
qualify an initiative for the.November 1996 ballot whichwould put an end to the
domination of large campaign contributors over the political process.`
P � u _
r
.THE CALIFORNIA POLITICAL REFORM INITIATIVE
Ends the ability of wealthy interests to buy`access and influence :
_ • Restores the public's voice in the legislative process 3
a Via.t4 a • - -:.. _ p-.; policy ,.- ,_tF
Ensures that ubhc lic decisions are Based on the meets instead of the size of
1 fi 3�k.k }R 3tky Y .-
'campaigncontnbutions 7 t
Here'sHow ;it Works. `
.fir,`u�'s� "' -
F I zN ;x�
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a° �s ;• Strictly limits contributions to local and state elected officials and candidates
}cz.',g t+��h•A;'.}r a �a.�£� . �� " � .t"ttfir.j`r`.5. ,.r', '; k^i`-'z^ r�"�T-t'�n`r 4x,'4;�..YS'f' '." ' ��,4-. -t�}T >f. � J. o''s`�274k�@. t x � r •f r.r X rn-�' �. j� qy� -
.;
} • Limits campaign spending g'a st - r. f,.,• r e t...- £ =i t "r�Yy ���'§� pa
x , • Bansfundraising in non election years
}A ..,
n ,t i a+y a'a�xne rtes t, ti 'a r -� y 7R4e '} -q4,k z:.
w Prohibits lobbyists from malting or arrangmg contributions ` 4,
$i i
�•,. Ya�
• Prohibits candidates from transfemig their contributions to other candidates '
• Bans campaign warchestst u x
r 1 r t � �k.3�Ax y
z L 2 ti s i`�. ?`z 'M1 tr ?"�7r; ' • f'r r 3
r Requires'full disclosure of hinders of political advertising f3 r:v � "�
•'Imposes tough civil and criminal sanctions against candidates who'violate these b
restrictions. "'
,
What You Can Do. .
• Gatber Signatures: ` , r
To qualify the CPR initiative we need to gather 650,000 signatures in five months. We can
do it if everyone pitches in. With 3;000 volunteers working three hours a month;
can get the job done.
• Contribute:
It takes a lot of little money to`get rid of big money in politics. There are
costs that can't be covered simply by our volunteer efforts including printing petitions,
mailers,telephone,rent etc. We already know what our politicians have to learn — lots of
small contributions can add up to big dollars. Contributions,no matter how small,will
make this reform effort a reality.
To Get Involved: Call Californians for Political Reform at (916)444-0834 or
(310)475-8285 to find out how you can help or for more information. You can also
e-mail us at comcauseonetcom.com .
TOGETHER, WE CAN MAKE A DIFFERENCE
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�cm, `O t �, Cal fora a is one of only:,15 states which:cello. mdi idt��11als to contribute s�.
r! �S ,r� f,F��,�unlimite� amounts to candidates' In 1994, the neighbonng states of
ik, � ##�' ' ��y Q egoini d1,, evada passed laws `which put lunit �n y e; mount of
mss.rf. 7.n �.r"s+.,�"' 1��! ib a$7 -s 7 om i - n
1 ' " _ cep gn.contributions for;the first time,u those states California s other F t t
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Y exghbo once enacted eontnbutionuYvYuts �n986.� `•'4 � i� ,Y; F � r
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tfy� al�fornta,is one,of ont w7, states which allow,un�imited'direct co orate¢x s
�'�g,�. f'` t N`r F`--t �' .{ e F ,.,,<., % y- r r' 4!, Y 4 .n • n S T aA �. s{- ..
w � � a i contributions to candidates , The other states are cGColorado, Idaho .
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.�� '� Iliinq s, New#Mexico Utah; and Vuguua, tx z ��{�� '� :k sr = �. ;
nt" i`a'? kia.`,.r t n^fi,.' t.,- '}sr:Y,�s -"�N '?.. f.,,.,�r '€Ax 9.r T+"'r,tirr ..� xr '2t5frl�.z '" ; Y*'$.TiA'Yt.b"a'; ,.' iy�`r <s E,,.a)x #s l:[n+' li .t
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t� ` k b i �'" + a om a*as��no amts onaspending in �tatewide�.., iis�atiVe.races
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,��� in � ley`en",staws�have a vs`luriitmg4campa�gnYspending } �sta wide or,{ � k;� �� _ �-
1 �'" 1 r u'`3t,i?, ,t?c Y an , � t? r'.: t 4', 0: rT�A v c c `r s f n
'k;�{,',>�t "t ` cgislati�e.`.candidates� Rhode 1. Island, Newerseyr Massachusetts,;,Micligan, `'�$ t
,ANO; y,3t n { f „N'.> i`'X{'',:e ea n sr,k It�$.t tty s4.
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„r}-r�_ , r, , "�* �{In,the°past few years,more state leve1.l campaign ifinance~reform laws L
'1 �` rti� v T; �have been passed than at any tune since th'e Watergate;era lIl the`mid `1970s
r F r: [c. ,:t, .,
r -- but':not.in California Since 19I -190, `signi1.ficant reform measures have
gone into effect s Florida'lKentucky,;Massachusetts, Missoun;.Ohio, =
t .. ;:'
r 'I Oregon and Rhode Island In Oregon and Missouri; the preforms were
d ; 'rpassed by initiative In Massachusetts, the state legislature passed a reform
.. ,
rt
measure Wy after a campaign finance reform unt- ", was about to
f , ,qualify°for the ballot Y' `j °" �' �, k
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• 1
.POLITICAL REFOFM ACT OF 1996
With Opending CeEl and Vmiabie Canlrlbuti,on Limits
Sectian L CATA"SN U POLITICAL IJFORM ACT
Sections 85.100 and 86101 of the Government G.ade are
repealed, and Section 86102 of the Government Code is repealed
except for subsection N which is renumbered Section 85205 of the
Government Code, and,the Mlowing Chapter 6, commencing
with Section 85100, is added to Title 9 of the Government Code as
follows;
Article L )INGS AND PU WOMS
86100. IWO.
This chapter shall be known as the California Political Reform Act
Of 1996.
85101. Findings and Declaradons
The people find and declare each of the following:
(a) Monetary contributions to political campaigns are a legitimate form of
participation in the American, political prooe", but the financial strength of
individuals or organizations should not permit them to exercise a controlling
influence on the election of candidates.
(b) The rapidly increasing costs of political campaigns have forced many
candidates to raise larger and larger percentages of money from interest
groups with a specific financial stake in matters before state and local
government.
851012. Purpose cf This Law.
The people enact this law to accomplish the following separate and
independent purposes:
(a) To ensure that individuals and interest groups in our society have a
fair and equitable opportunity to participate in the elective and governmental
processes.
(b) To minimize the potentially corrupting influence and appearance of
corruption caused by excessive contributions and expenditures in campaigns
by providing for reasonable contribution and spending limits for candidates.
(c) To reduce the influence of large contributors With a specific financial
stake in matters before government by severing the link between lobbying and
campaign fundraising.
(d) To lessen the potentially corrupting pressures on candidates and
officeholders for fundraising by establishing sensible time periods for soliciting
and accepting campaign contributions.
2
(e) To limit overall expenditures in campaigns, thereby allowing
candidates and officeholders to spend a leaser proportion of their time on
fundraising and a greater proportion of their time communicating issues of
importance to voters and constituents.
(f) To provide impartial and noncoercive incentives that eiacourage
candidates to voluntarily limit campaign expenditures.
(g) To meet the citizens' right to know the sources of campaign
contributions, expenditures and political advertising.
(h) To enact tough penalties Which will deter persons from violating this
Act and the Political Reform Act of 1974.
Ardele& AMPUCARUW7 OF THE POLITICAL REFORM ACT OF 2974
8620& of the FbVdIc al Reform AoL
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 interpretation of this law.
86208. Swmm C•antribuftc Coemnitte�
'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$50 or less;
(c) it has been in existence at least six months;
(d) it is not a candidate-controlled committee.
86204 Two-Year Pas l0&
"Two-year period' means the period commencing; with January 1 of an
odd-numbered year and ending with December 31 of the next even-numbered
year.
Ar"e,& CONTRIBUTION Y.ZitiIITATIONS
Sections 85301 through 85307 and 85102 through 86104 of the
Government Code are repealed and the following sections
are added to the Government Code to read:
86801. IAmitatians an C•antrUbtstiox Froom Penns.
(a) Except as provided in Sections 86402(a) and 85708, no person, other
than small contributor committees and political party committees, shall make
to any candidate or the candidate's controlled committee for local office in
districts with fewer than 100,000 residents, and no such candidate or the
candidate's controlled committee shall accept from any person a contribution
or contributions totaling more than $100 for each election in which the
candidate is attempting to be on the ballot or is a write-in candidate.
S
(b) Except as provided in Sections 85402(b) and 85706,no person, other than
small contributor committees and political party committees, shall make to
any candidate or the candidate's controlled committee campaigning for office
in districts of 100,000 or more residents, and no such candidate or the
candidate's controlled committee shall accept from any such person a
contribution or contributions totaling more than $260 for each election in
which the candidate is attempting to be on the ballot or is a write-in candidate.
(c) Except as provided in Section 86402(c), no person, other than small
contributor committees and political party committees, shall make to any
candidate or the candidate's controlled committee for statewide office, and no
such candidate or the candidate's controlled committee shall accept from an
such person a contribution or contributions totaling more than $500 for each
election in which the candidate is attempting to be an the ballot or is a write-in
candidate.
(d) No person shall make to any committee which contributes to any
candidate and no such committee shall accept from each such person a
contribution or contributions totaling more than $500 per calendar year. This
subsection shall not apply to candidate-controlled committees and party
committees.
(e) The provisions of this section shall not apply to a candidate's
contribution of his or her personal funds to his or her own campaign
committee, but shall apply to contributions from a spouse.
8MM UrnitaUmm can Cant dbu ions&c=SmaD Coutsibutm
Comnmittees. ,
No small contributor committee shall make to any candidate or the
controlled committee of such a candidate, and no such candidate or the
candidate's controlled committee shall accept from a small contributor
committee, a contribution or contributions totaling more than two times the
applicable contribution limit for persons prescribed in Sections $5301 or 85402,
whichever is applicable.
8690 . I.wnitaUum on Contr[buttons to poUtiicod p*X es.
No person shall give in the aggregate to any official state central
committee and county central committees of the same political party, and no
such party committees combined shall accept from any person, a contribution
or contributions totaling more than $5,000 per calendar year; except a
candidate may distribute any surplus, residual or unexpended campaign
funds to a political party.
86904. Limitations an Caeotdbatlms'I r PdUacal Parties.
No more than 25% of the recommended expenditure limits specified in
this Act at the time of adoption by the voters, subject to coast of living
adjustments as specified in Section 83124, shall be accepted in cumulative
contributions for any election from all political party committees by any
candidate or the controlled committees of such a candidate. Any expenditures
made by a political party committee in support of a candidate shall be
considered contributions to the candidate.
4
86806. I icdms an When Conbamtkan Can Be FLeoeived.
(a) In districts of fewer than 1 million residents, no candidate or the
candidate's controlled committee shall accept contributions more than six
months before any primary or special election or, in the event there is no
primary or special election, any regular election in which the candidate is
attempting to be on the ballot or is a write-in candidate.
(b) In districts of 1 million residents or more and for statewide elective
office, no candidate or the candidate's controlled committee shall accept
contributions more than 12 months before any primary or special election in
which the candidate is attempting tb be on the ballot Or is a write-in candidate.
(c) No candidate or the controlled committee of such candidate shall
accept contributions more than 90 days after the date of withdrawal, defeat or
election to office. Contributions accepted immediately following such an
election and up to 90 days atter the election shall be used only to pay
outstanding bills or debts owed by the candidate or controlled committee. This
section shall not apply to retiring debts incurred with respect to any election
held prior to the effective date of this Act, provided isuch funds are collected
pursuant to the contribution limits of Section 85301.
(d) Notwithstanding subsection (c), funds may be collected at any time to
pay for attorney's fees for litigation or administrative action which arises
directly out of a candidate's or elected officer's alleged violation of state or local
campaign, disclosure or election laws or for a fine or assessment imposed by
any governmental agency for violations of this Act or the Political Reform Act
of 1974, or for any expense directly associated with a recount or contest of the
validity of an election, provided such funds are collected pursuant to the
contribution limits of this Act.
(e) Contributions pursuant to subsections (c) and (d) of this provision
shall be considered contributions raised for the election in which the debts,
fines, assessments, recounts or contests were incurred and shall be subject to
the contribution limits of that election.
85808. Traaaers.
No candidate and no committee controlled by a candidate or officeholder,
other than a political party committee, shall make any contribution to any
other candidate running for office or his or her controlled committee. This
section shall not prohibit a candidate from malting a contribution from his or
her own personal funds to his or her own candidacy or, to the candidacy of any
other candidate for elective office.
85,907. Loans.
(a) A loan shall be considered a contribution from the maker and the
guarantor of the loan and shall be subject to all contribution limitations.
(b) Extensions of credit for a period of more than 30 days, other than loans
from financial institutions given in the normal course of business, are subject
to all contribution limitations.
(c) No candidate shall personally make outstanding loans to his or her
campaign or campaign committee which total at any one point in time more
6
than $20,000 in the cage of any candidate, except for candidates for governor, or
$50,000 in the case of candidates for governor. Nothing in this chapter shall
prohibit a candidate from making unlimited contributions to his or her own
campaign.
8ti8m Family ContOxxtims
(a) Contributions by a husband and wife shall not be aggregated.
(b) Contributions by children under 18 shall be treated as contributions
attributed equally to each parent or guardian.
8 Aggnegab 1 ContrlbttUcas P 1 m n Non imAlvidnala
No more than 25% 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 85124, for any election shall be accepted in
contributions from other than individuals, small contributor committees and
party committees in the aggregate by any candidate and the controlled
committees of such a candidate. The limitation in this section shall apply
whether or not the candidate agrees to the expenditure ceilings specified in
Section 85400.
86810. Conb butiass to All State idates.
No person shall contribute in the aggregate more than$26,000 to all state
candidates and the state candidates' controlled committees and political party
committees in any two-year period. Contributions from political parties shall
be exempt from this provision.
86611. Awmgndonaf Mmandal 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.
86312. nuWithin an
The costs of internal communications to members, employees or
ahareholderrs of an organization, other than a political party, for the purpose of
supporting or opposing a candidate or candidates for elective office or a ballot
measure or measures shall not be considered a contribution or independent
expenditure under the provisions of this Act, provided such payments are not
for the costs of campaign materials or activities used in connection with
broadcasting, newspaper, billboard or similar type of general public
communication.
86315. 0t�oeLolder Afloa�mt.
(a) Each elected officer may be permitted to establish one segregated
officeholder expense fund for expenses related to assisting, serving or
communicating with constituents, or with carrying out the official duties of
the elected officer, provided aggregate contributions to such a fund do not
exceed $10,000 within any calendar year and that the expenditures are not
made in connection with any campaign for elective office or ballot measure.
6
(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 account totaling' more than $250 during any calendar year.
Contributions to an officeholder account shall not be considered campaign
contributions.
(c) No elected officeholder or officeholder account shall solicit or accept a
contribution to the officeholder account from, through or arranged by a
registered lobbyist or a lobbyist employer if that lobbyist or lobbyist employer
finances, engages or is authorized to engage in lobbying the governmental
agency of the officeholder. It
(d) All expenditures from, and contributions to, an officeholder account
are subject to the disclosure and reporting requimments of the Political
Reform Act of 1874 as amended.
(e) Any funds in an officeholder account remaining after leaving office
shall he turned over to the General Find.
Article 4: VOLUNTARY CEI1"GS
854M Voluntary Cis.
(a) No candidate for^legislative office, Board of Equalization, or statewide
office who voluntarily accepts expenditure ceilings and any controlled
committee of such a candidate shall make campaign expenditures above the
following amount:
(1) For an Assembly candidate, $100,000 in the primary election and
$200,000 in the general, special, or special runoff election.
(2) For a Senate candidate and candidate for Board of Equalization,
$200,000 in the primary election and $400,000 in the Vaneral, special or special
runoff election.
(3) For statewide candidates, other than governor, $1,000,000 in the
primary election and $2,000,000 in the general, s�►ecial or special runoff
election.
(4) For governor, $4,000,000 in the primary election and $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%.
(c) Any local jurisdiction, municipality or county may establish voluntary
expenditure ceilings for candidates and controlled committees of such
candidates for elective office not to exceed $1 per resident for each election in
the district in which the candidate is seeking elective office. Voluntary
expenditure ceilings may be set at lower levels by the local governing body.
85401. Candidate Aooeptanos er Rejection o£Esp+enditure Ce"ines.
(a) Each candidate for office shall file a statement of acceptance or
rejection of the voluntary expenditure ceilings in Section 85400 before accepting
any contributions. If he or she agrees to accept the arpenditure ceilings, the
7
candidate shall not be subject to the contribution limitations in Section 85301,
but shall be subject to the contribution limitations in Section 85402.
(b) If a candidate declines to accept the voluntary expenditure ceilings in
Section 85400, the candidate shall be subject to the contribution limitations in
Section 85301.
(c) Any candidate who declined to accept the voluntary expenditure
ceilings but who nevertheless did not exceed the recommended spending limits
in the primary or special election, may file a statement of acceptance of the
spending limits for a general or special run-off election within 14 days
following the primary or special election and receive all the benefits
accompanying such an agreement specified in this Act.
86402. b +4cn T hnitnAms for Caadidatea Aooe E'sypemditta�e
(a) Notwithstanding Section 85301(x), if a candidate accepts the
expenditure ceilings set by local ordinance pursuant to Section 85400(c), no
person, other than small contributor committees and political party
committees, shall make to any such candidate or the candidate's controlled
committee for elective office in districts of fewer than 100,000 residents and no
such candidate or the candidate's controlled committee shall accept from any
such person a contribution or contributions totaling more than $250 for each
election in which the candidate is attempting to be on the ballot or is a write-in
candidate.
(b) Notwithstanding Section 85301(b), if a candidate accepts the
expenditure ceilings in Section 85400(a)(1)-(2) or set by local ordinance
pursuant to Section 85400(c), no person, other than s=hall contributor
committees and political party committees, shall make to any such candidate
or the candidate's controlled committee for elective office in districts of 100,000
residents or more and no such candidate or the candidate's controlled
committee shall accept from any such person a contribution or contributions
totaling more than $500 for each election in which the candidate is attempting
to be on the ballot or is a write-in candidate.
(c) Notwithstanding Section 85501(c), if a candidate accepts the
expenditure ceilings in Section 85400(a)(3)-(4), no person, other than small
contributor committees and political party committees, shall make to any such
candidate or the candidate's controlled committee for statewide office and no
such candidate or the candidate's controlled committee shall accept from any
such person a contribution or contributions totaling more than $1,000 for each
election in which the candidate is attempting to be on the ballot or is a write-in
candidate.
85400 11m a Periods for Fbrpenditz�ee.
For purposes of the expenditure ceilings, qualified campaign
expenditures made at any time up to the date of the primary election shall be
considered expenditures for that election, and qualified campaign
expenditures made after the date of the primary election shall be considered
expenditures for the general or runoff election. However, in the event that
payments are made but the goods or services are not used during the period
8
purchased, the payments shall be considered qualified campaign expenditures
for the time period in which the goods or services are used. Payments for goods
and services used in both periods shall be prorated.
85404. fSpenditute Celings Tined,
(a) If a candidate declines to accept voluntary expenditure ceilings and
receives contributions, has cash on hand or makes qualified expenditures
equal to 75% or more of the recommended expenditure ceiling for that office,
the voluntary expenditure ceiling shall be three times the limit specified in
Section 85400 for any candidaterunning for the sane non-statewide office, and
two times the limit specified in Seciion 85400 for any candidate running for the
same statewide office. Any candidate running for that office who originally
accepted voluntary expenditure ceilings shall be exempt from the limits that
political party committees may contribute to a candidate in Section 85804 and
such candidates shall be permitted to continue receiving contributions at the
amounts set forth in Section 85402 of this Act.
(b) If an independent expenditure committee or committees in the
aggregate spend in support or opposition to a candidate for non-statewide office
more than 60% of the applicable voluntary expenditure ceiling, the voluntary
expenditure ceiling shall be three times the limit specified in Section 85400 for
any candidate running for the same elective office. Anyy candidate running for
that office who originally accepted voluntary expenditure ceilings shall be
exempt from the limits that political party committees may contribute to a
candidate in Section 86504 and such candidates shall be permitted to continue
receiving contributions at the Amounts set forth in.Section 85402(a) or(b) of this
Act. :
(c) If an independent expenditure committee or committees in the
aggregate spend in support or opposition to a candidate for statewide office
more than 25% of the applicable voluntary expenditure ceiling, the voluntary
expenditure ceiling shall be increased two times the limit specified in Section
85400 for any candidate running for the same statewide office. Any candidate
running for that office who originally accepted voluntary expenditure ceilings
shall be exempt from the limits that political party committees may contribute
to a candidate in Section 86504 and such candidate shall be permittbd to
continue receiving contributions at the amounts set forth in Section 85402(c) of
this Act.
(d) The Commiosion shall require candidates and independent
committees to provide sufficient notice to the Commission and to all candidates
for the same office that they are approaching and exceeding the thresholds set
forth in this section.
Azticle 5: IN IMPEOW t'r(7Ii RA
855000. Independaatt IR 11 P ndittirea.
(a) Any committee which makes independent expenditures of more than
$1,000 in support of or in opposition to any candidate shall notify the filing
officer and all candidates running for the same seat within 24 hours by fax or
overnight delivery each time this threshold is met. The Commission shall
9
determine the disclosure requirements for this subdivision and shall establish
guidelines permitting persons to file reports indicating on-going independent
expenditures.
(b) Notwithstanding Section 85501(d), any committee which makes
independent expenditures of $1,000 or more supporting or opposing a
candidate shall not accept any contribution in excess of$250 per election.
(c) Any contributor that makes a contribution of $100 or more per
election to a candidate for elective office shall be considered to be acting in
concert with that candidate and shall not make independent expenditures and
contributions which in combination exceed the amounts set forth in Section
85801 in support of that candidate or in opposition to that candidate's opponent
or opponenta.
(d) An expenditure shall not be considered independent, and shall be
treated as a contribution from the person making the expenditure to the
candidate on whose behalf, or for whose benefit, the expenditure is made
either:
(1) With the cooperation of, or in consultation with, any candidate or any
authorized committee or agent of the candidate.
(2) In concert with, or at the request or suggestion of, any candidate or
any authorized committee or agent of the candidate.
(S) Under any arrangement, coordination, or direction with respect to
the candidate or the candidate's agent and the person making the expenditure.
(4) By a candidate or, officeholder supporting another candidate or
officeholder of the same politicalarty running for a seat in the samelegislative body of the candidate or officeholder.
For purposes of this section, the person making the expenditure shall
include any officer, director, employee, or agent of that person.
Artwle& BALLOT PAMMEMAT AND SAlV>1PI E BALLOT
85800. Quadidate Aooees to State Ballot Pamphlet.
The secretary of State shall provide to all candidates for statewide office,
who voluntarily choose to limit their campaign expenditures in accordance to
the provisions of this Act, a campaign statement in the state ballot pamphlet of
100 words in primary and special elections, and 200 words in general elections,
free of charge. Candidates for statewide office not choosing to limit their
campaign expenditures in accordance to provisions of this Act may also
publish a campaign statement of similar length and format in the state ballot
pamphlet, but shall be charged the pro rata cost of printing, handling,
translating and mailing the campaign statement. Such candidate statements
shall not include any references to a candidate's opponent or opponents and
may include a photograph of the candidate.
8b601. Candidate Aooess to I xx*1 Sample Ballot M$teriale.
(a) The clerk of each county shall provide to candidates for offices of the
State Assembly, State Senate, and Board of Equalization, who voluntarily
choose to limit their campaign expenditures in accordance with this Act, a
10
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
Equalisation not choosing to limit their campaign expenditures in accordance
to this Act may also publish a campaign statement: of similar length and
format with the county sample ballot materials, but shall be charged the pro
rata cost of printing, handling, translating and :mailing the campaign
statement. Such candidate statements shall not include any references to a
candidate's opponent or opponents and may include a photograph of the
candidate.
(b) The statements of candidates for State Senate, State Assembly, 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.
8500L Nat3> om►to VC*WI .
The Secretary of State and local elections officers shallprominently
designate on the ballot and in the ballot pamphlet and nample ballot those
candidates who have voluntarily agreed to expenditure ceilings. The Fair
Political Practices Commission shall prescribe by regulation the method or
methods for such designation.
Atticle Z: ADDITIONAL CONTRM3TLMON RE$I MMWEN 'S
857M Dleclosure of OoanpaUM and RO4ADyVr
No contribution of $100 or more shall be deposited into a campaign
checking account unless the name, address, occupation and employer of the
contributor is on file in the records of the recipient of the contribution.
8MIL. Receipt&I oundered Contr9butio ns.
.Amy person who accepts a contribution which is not from the person listed
on the check or subsequent camped disclosure statement shall be liable to
pay the state the entire amount of the laundered contribution. The statute of
limitations shall not apply to this provision, and repayments to the state shall
be made as long as the person or any committee controlled by such a person
has any funds sufficient to pay the state.
861+42. Bunging of
Contributions made directly or indirectly to or on behalf of a particular
candidate through an intermediary or conduit shall be i"ated as contributions
from the contributor and the intermediary or conduit to the candidate for the
purposes of this limitation unless the intermediary or conduit is one of the
following:
(a) The candidate or representative of the candidate receiving
contributions on behalf of the candidate; provided, however, that the
representative shall not include the following persons:
• ll
(1) A committee other thann the candidate's campaign committee;
(2) An officer, employee or agent of a committee other than the
candidate's campaign committee;
(9) A person registered as a lobbyist with the governmental agency for
which the candidate is running or is an officeholder;
(4) An officer, employee or agent of a corporation or labor organization
acting on behalf of the corporation or organization.
(b) A volunteer, who otherwise does not faall under subsection (a)(1)-(4) of
this provision, hosting a fundraising event outside the volunteer's place of
business.
867r�. Nixing of Caad' all- r tons ndrib ad.
No person shall make and no person, other than a candidate or the
candidate's controlled committee, shall accept any contribution on the
condition or with the agreement that it will be contributed to any particular
candidate. The expenditure of funds received by a person shall be made at the
sole discretion of the recipient person.
85704. Ca !seam l obbyhd&
No state officeholder, candidate or the candidate's controlled committee
may solicit or accept a campaign contribution or contribution to an officeholder
account from, through or arranged by a registered lobbyist if that lobbyist
finances, engages or is authorized to engage in lobbying the governmental
agency for which the candidate is seeking election or the governmental agency
of the officeholder.
85710& QMtrlb%VdCM$ten CTOVeaarndz1tal Ap�alsbees
No personappointed to a public board or commission or as trustee of the
California State University or Regent of the University of California during
tenure in office shall donate to, or solicit or accept any campaign contribution
for, any committee controlled by the person who made the appointment to that
office or any other entity with the intent that the recipient of the donation be
any committee controlled by such person who made the appointment.
85708. Local JUAS&atiM&
(a) The governing body of a local jurisdiction may impose lower
contribution limitations and other restrictions than set forth in this Act. A
local jurisdiction may impose higher contribution limitations only by a vote of
the people.
(b) Any charter municipality which chooses to establish a voluntary
spending limit program involving matching funds, consistent with 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 totaling no more than $500 for each election in which the
candidate is attempting to be on the ballot or is a write-in candidate; provided
that the program offer a matching fund ratio of at least one dollar to each
three matchable private contributions.
12
Beetlodi a Ei�TFo
Sections 83116 and,83116.5 of the Government Code acre amended
to read:
83116. Vim of We;probable causes hearing;nothm order.
When the Commission determines there is probable cause for believing
this title has been violated, it may hold a hearing to determine if such a
violation has occurred. Notice shall be given and the hearing conducted in
accordance with the Administrative Procedure Act (Government Code, Title 2,
Division 8, Part 1, Chapter 5, Set-4,ons 11500 et seq.). The Commission shall
have all the powers granted by that chapter.
When the Commission determines on the basis of the hearing that a
violation has occurred, it shall issue an order which may require the violator
to:
(a) Cease and desist violation of this title;
(b) Pile any reports, statements or other documents or information
required by this title;
(c) Pay a monetary penalty of up to five
thosasand de l&= ISK,ODQj=yiplati,Qnto the General Fund of the state.
When the Commission determines that no violation has occurred, it shall
publish a declaration so stating.
83116.5. Uability hoar Violations,
Adwi-
Amy person who violates any provision of this title, who purposely or
negligently causes any other person to violate any provision of this title, or who
aide and abets any other person in the violation of any, provision of this title,
shall be liable under the provisions of this chapter-and.. Chantar 11- wed;
however, Mast this iseetien sheR apply erAy " perewas who heme fiHag 9
reporting obligations tmder this title, or wh for serVises
en shall nnt eeaAitube
Section 91000 W is added to the Government !ode to read:
91000 W.
The Commission has concurrent jurisdiction: in enforcing the criminal
misdemeanor provisions of this title.
Sections 91004, 91005.5 and 91006 of the Government Code are
amended to read:
91004. Viatauan.of Reporting R+equiremer Civil LaabiHty.
Any person who intentionally or negligently violates any of the reporting
requirements of this Act,or who aids and abets aa, rt�on who violates aa3 of
the reporting at$ of this Act. shall be liable in a civil action brought
i3
by the civil prosecutor or by a person residing within the jurisdiction for an
amount not more than the amount or value not properly reported.
91006.6. Civil liability fur vkdadaniL
Any person who violates any provision of thio title, except Sections 84305,
84307, and 89001, for which no specific civil penalty it provided, shall be liable
in a civil action brought by the Commission or the district attorney pursuant to
subdivision (b) of Section 91001, or the elected city attorney pursuant to Section
91001.5, for an amount up to , five thousand
doll�.000) per violation
No civil action alleging a violation of this title may be filed against a
person pursuant to this section if the criminal prosecutor is maintaining a
criminal action against that person pursuant to Section 91000.
91000. Joint and mmm ai babas Ibr violoAkaL
Azly Rarson who violates an3t qrnyWan of this Vie, who jlyMosely or
shAU ,be liable tinder the =Wdsions ofthis% gbjaqtvr„Ud haRtar 9 of thistle If
two or more persons are responsible for any violation, they shall be jointly and
severally liable.
Section 91025 of the Government Code is repealed.
s8las.&.
Bectan S. D78CjA8URE
Section 84202 i t added to the Government Code to read:
8MIL. Canty is of Campaign repoatiog thredUA&
The threshold for contributions and expenditures reported in the
campaign statements designated in Sections 84203.5, 84211 and 84219, except
for Section 84219(i), of the Government Code, and for cash contributions and
anonymous contributions designated in Sections 84300 and 84304 of the
Government Code, shall be set at no more $100 notwithstanding any other
provision of law or any legislative amendment to such sections.
Section 84305.5 of the Government Code is amended to read.
94306.5 Slate Maileers,req tdneunto.
(a) No slate mailer organisation shall send a slate mailer unless:
(1) The name, street address, and city of the elate mailer organization
are shown on the outside of each piece of slate mail and on at leowt one of the
14
eerts gpery insert included with each piece of slate :mail in no less than 8-
point roman type which shall be in a color or print which contrasts with the
background so as to be easily legible. A post office box may be stated in lieu of a
street address if the organization's street address is a .matter of public record
with the Secretary of State's Political Reform Division.
(2)At the top of er be#em fien iah side or surface ef at Was* me i—noert
of a *late mailer or at the top of or beftem of ene each side or surface of a
postcard or other self-mailer there is a notice in at: least 8-point roman,
boldface type, which shall be in a color or print which contrasts with the
background so as to be easily legible, and in a printed or drawn box and set
apart from any other printed matter. The notice shall consist of the following
statement:
NOTICE TO VOTERS
THIS DOCUMENT WAS PREPARED BY (name of slate mailer organization
or committee primarily formed to support or oppose one or more ballot
measures), NOT AN OFFICIAL PARTY ORGANIMNON. App
ferth in- tMe M—eiler. APP Paid &I 1%therised by sae 811
candidates and ballot measures-wields designated by an--& 198 W aa haye
Raja for their listing in this mailer. „ listil2gin 1 's mailer dohs not
nooemarily imply endorsement of other candidA+� zamuma listed in this
) Any reference to a bjLUotJ measLre w + hhas ffid to be insl_t,ded on
the slate mailer shall also comply with the y=8iQ=-2r Section 84503 et sea.
The name, street address,-and ei efth slaAemeaer-m-nize"eft
b"araffraph (1) and the-netiee required by 'm agg aph,(2) may appear &B
(4) Each candidate and each ballot measure that has paid to appear in
the slate mailer is designated by alk-S W. Any candidate: or ballot measure that
has not paid to appear in the slate mailer in not designated by aa-*=-
The &M required by this subdivision shall be of the same type size, type
style, color or contrast, and legibility as is used for the name of the candidate or
the ballot measure name or number and position advocated to which the a$=
designation applies except that in no case shall the s = be required to be
larger than 10-point boldface type. The designation shall immediately follow
the name of the candidate, or the name or number, and position advocated on
the ballot measure where the designation appears in the slate of candidates
and measures. If there is no slate listing, the designation shall appear at least
once in at least 8-point boldface type, immediately following the name of the
candidate, or the name or number and position advocated on the ballot
measure.
(5) The name of any candidate appearing in the slate mailer who is a
member of a political party differing from the political party which the mailer
appears by representation or indicia to represent is accompanied, immediately
below the name, by the party designation of the candidate, in no less than 9-
point roman type which shall be in a color or print that contrasts with the
background so as to be easily legible. The designation shall not be required in
the case of candidates for nonpartisan office.
(b) For purposes of the designation required by paragraph (4) of
subdivision (a), the payment of any sum made reportable by subdivision (c) of
Section 84219 by or at the behest of a candidate or committee, whose name or
position appears in the mailer, to the slate mailer organization or committee
primarily formed to support or oppose one or more ballot measures, shall
constitute a payment to appear, requiring the a In designation. The payment
shall also be deemed to constitute authorization to appear in the mailer.
(c) A slate mailer that complies with this section shall be deemed to
satisfy the requirements of Sections 20003 and 20004 of the Elections Code.
Sections 84501 through 84510 are added to the Government Code to
read:
84501.
(a) "Advertisement" means any general or public advertisement which
is authorized and paid for by a person or committee for the purpose of
supporting or opposing a candidate for elective office or a ballot measure(s).
(b) "Advertisement" does not include a communication from an
organization other than a political party to its members, a campaign button
smaller than 10 inches in diameter, a bumper sticker smaller than 60 square
inches, or other advertisement as determined by regulations of the
Commission.
84!'i0P4. Cumulative On— -R-f-One
"Cumulative contributions" means the cumulative contributions to a
committee beginning the first day the statement of organization is, under
Section 84101 and ending within seven days of the time the advertisement ie
sent to the printer or broadcast station.
84508. Dlselonav; icor or against ballot weasuree.
(a) Any advertisement for or against any candidate for elective office or
any ballot measure shall include a disclosure statement identifying any person
whose cumulative contributions are $60,000 or more.
(b) If there are more than two donors of$50,000 or more, the committee is
only required to disclose the highest and second highest in that order.
845" xdieatit$cation of caaxumitbee.
(a) Any committee which supports or opposes one or more ballot
measures shall name and identify itself using a name or phrase that clearly
identifies the economic or other special interest of its mAjor donors of$50,000 or
more in any reference to the committee required by law, including but not
limited to its statement of organization filed pursuant to Section 84101.
18
(b) If the major donors of $50,000 or more share a. common employer, the
identity of the employer shall also be disclosed.
(c) Any committee which has as its principal activity the support of or
opposition to a ballot measure, shall print or broadcast its name as provided in
this section as part of any advertisement or other paid public statement.
(d) If candidates or their controlled committees, as a group or
individually, meet the contribution thresholds for a person, they shall be
identified by the controlling candidate's name.
94505. Aaidmmce of
In addition to the requirements of Sections 84505 and 84504, the committee
placing the advertisement or persona acting in concert with that committee
shall be prohibited from creating or using a noncandidate controlled
committee or a nonsponsored committee to avoid, or that results in the
avoidance of, the disclosure of any individual, industry, business entity,
controlled committee, or sponsored committee as a major funding source.
94508. IndependentF Iq adiU adv 4 P tm.
If the expenditure for a broadcast or mass mailing advertisement that
expressly advocates the election or defeat of any candidate or any ballot
measure is an independent expenditure, the committee, in addition to any
disclosures required by Sections 84503 and 84504, shall include on the
advertisement the names of the two persons making the largest contributions
to the co=mmittee making the independent expenditure. If an acronym is used
to specify any committee names in this secuon, the names of any sponsoring
organization of the committee shall be printed or spoken. For the purposes of
determining the two contributors to be disclosed, the contributions of each
person to the committee making the independent expenditure during the one-
year period before the election shall be aggregated.
84W7. Printed statement or broadcast tion.
Any disclosure statement required by this article shall be printed clearly
and legibly in no less than 10-point type and in a conspicuous manner as
defined by the Commission or, if the communication is broadcast, the
information shall be spoken so as to be clearly audible and understood by the
intended public and otherwise appropriately conveyed for the hearing
impaired.
84lSt18. Disclowme of awe funding souroe an ami• oemont
If disclosure of two major donors is required by Section 84508, the
committee shall be required to disclose only its highest major contributor in
any advertisement which is:
(a) an electronic broadcast of 15 seconds or less, or
(b) a newspaper, magazine, or other public print media advertisement
which is 20 square inchea or less.
17
84501L Amended S twents.
When a committee files an amended campaign statement pursuant to
Section 81004.5, the committee shall change its advertisements to reflect the
changed disclosure information.
84610. Remedies fw ar"o violaUamn eivil action;ifnes,
(a) In addition to the remedies provided for in Title 9, Chapter 11 of the
Government Code, any person who violates this article is liable in a civil or
administrative action brought by the Commission or any person for a fine up to
three times the cost of.the advertisement, including placement oasts.
(b) The remedies provided in subdivision (a) shall also apply to any person
who purposely causes any other person to violate any provision of this article or
who aids and abets any other person in a violation.
(c) If a judgment is entered against the defendant or defendants in an
action brought under this section, the plaintiff shall receive 5096 of the amount
recovered. The remaining 50% shall be deposited in the General Fund of the
state. In an action brought by a civil pprosecutor or the Commission, the entire
amount received shall be paid to the (leueral Fund of the state.
Se d r t 4. PROVURONS
Section 82039 of the Govemmen.t Code is amended to read:
822 Lobbyist.
"Lobbyist" means any individual who receives two thousand<ffi2.000) or
morQ inis empleyed or eentraeU economic consideration in-& calendar
=4alh, other than reimbursement for reasonable travel expenses, or whose
and duties as an emRloyee are. to com=unicate directly or through his or
her agents with any elective state official, agency official, or legislative official
for the purpose of influencing legislative or administrative action,—"
alabsiont.iQ3 ep regular portion of We sod-Mies for wMeh he or 4he reeeive
aetion. No individual is a lobbyist by reason of activities described in Section
56300.
Sections 83124 and 85802 are added to the Government Code
to read:
89184. Cost of Living Act f uwtmea�
The Fair Political Practices Commission shall adjust the contribution
limitations and expenditure limitations provisions in Sections 85100 et seq. in
January of every even numbered year to reflect any increase or decrease in the
California Consumer Price Index. Such adjustments shall be rounded to the
nearest fifty for the limitations on contributions and the nearest thousand for
the limitations on expenditures.
Sam& Appy on to the Fair FoRtiad Prec t,imm Cbnmmindan
There is hereby appropriated from the General Fund of the state to the
Fair Political Practices Commission the sum of $500,000 annually above and
]8
beyond the appropriations established for the Commission in the fiscal year
immediately prior to the effective date of this Act, adjusted for cost of living
changes, for expenditures to support the operations of the Commission
pursuant to this Act. If any provision of this Act is successfully challenged,
any attorneys fees and costs shall be paid from the General Fund and the
Commission's budget shall not be reduced accordingly.
Section 20300 of the Elections Code is repealed and Section 89519
of the Government Code is repealed and the following section is
added to the Giovernrnent Come to read;
86619. Su phw Clampalan Funds.
Any surplus campaign funds received by or on behalf of an individual
who seeks nomination for election, or election to office, shall be distributed
within 90 days after withdrawal, defeat or election to office in the following
manner:
(a)No more than $10,000 may be deposited in the candidate's officeholder
account; except such surplus from a campaign fund for the general election
shall not be deposited into the officeholder account within 60 days immediately
following the election.
(b) Any remaining surplus funds shall be distributed to any party
organization, returned to contributors on a pro rata basis, or turned over to the
General Fund.
This Act &hall be liberally construed to accomplish its purposes.
8ecoan 6. Leosuuve
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, 85503, 85313, 85400
and 86402.
Seotian 7. 'ty&[Cher IAMS
Nothing in this law shall exempt any person from applicable provisions of
any other laws of this state.
Sinn a st4v
(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
persona or circumstances other than those as to which it is held invalid, shall
not be affected thereby, and to this extent the provisions of this law are
severable.
(b) If the expenditure limitations of Section 85400 of this law shall be held
invalid, the contribution limitations specified in Sections 85301 through 85313
shall apply.
]9
$ecstiasi 96 EnKtive Dobe
This law shall become effective January 1, 1997.
SectiM 10. Anwmdnwmt to Political Reform Act
This chapter shall amend the political Reform Act of 1974 and all of its
provieians which do not conflict with this chapter shall apply to the provisions
of this chapter.
6.2095
t
CALIFORNIANS FOR POLITICAL REFORM
Tony Miller,Treasurer Campaign I.D. #950567
FOR IMMEDIATE RELEASE CONTACT
June 22, 1995 Ruth Holton
(916) 443-1792
Trudy Schafer
(916) 442-9210
CAMPAIGN REFORM INITIATIVE LAUNCHED
MEASURE WILL STRICTLY LIMIT CONTRIBUTIONS AND
SPENDING; END LOBBYIST FUNDRAISING
Declaring that government should not be "For Sale," Californians for Campaign
Reform, a broad coalition of good government organizations, today announced
its intention to file with the Attorney General a far reaching initiative measure
designed to change the sources and drastically reduce the amount of money
used to fund political campaigns in California.
If adopted by the voters. California will have one of the most comprehensive
campaign finance laws in the country with prohibitions against lobbyists making
or arranging campaign contributions, strict contribution limits for PACs and
individuals, incentives to limit campaign spending and bans on candidate
transfers and off-year fundraising.
"This measure will change the face of political campaigns in California and end
the domination of special interests over government," said Ruth Holton,
Executive Director of California Common Cause, speaking on behalf of a
coalition which includes the American Association of Retired Persons (AARP
(California)), California Common Cause, the League of Women Voters of
California, United We Stand America, Assembly Members Debra Bowen (D)
and Jan Goldsmith (R), former State Senate Majority Leader Barry Keene and
former Acting Secretary of State Tony Miller.
The measure is tough but fair," said Holton. "It will allow candidates to
communicate with voters but will dramatically reduce the power of special
interest groups to drown out the voice of the public with their campaigning
dollars."
"The corruption is systemic," said committee treasurer and former Fair Political
Practices Commissioner Tony Miller. "A lot of good people are trapped in a very
bad system. We're conducting auctions, not elections. We have to change the
system and this measure will do that," he said.
"Political reform will help open the door to other reforms, including important
changes in health care, long term care, and consumer protection," said AARP
State Legislative Chair Winston L. Smith. "AARP is committed to campaign
finance and political reform and we are committed to the passage of this
initiative," he said.
Titled the California Political Reform Act of 1996, contributions will be limited to
$100 per election for local candidates, $250 for Senate and Assembly
candidates, and $500 for statewide candidates. Contribution limits will double
for most candidates who agree to limit overall campaign spending. The
measure bans transfers of campaign cash between candidates, and prohibits
off-year fundraising. Off-year fundraising has traditionally been a boon to
incumbent legislators. In 1993, for example, legislative candidates raised $13.4
million in contributions. The measure will limit to $25,000 during a two year
period the total amount which any individual. PAC, corporation, labor
organization, or other entity can contribute to state candidates.
Under the proposal, lobbyists cannot make or arrange for campaign
contributions to state candidates or elected officials they lobby.
"The strict contribution limits, coupled with the bans on transfers, lobbyist
fundraising and off-year fundraising, will go far to end the money marathon
which corrupts and destroys the people's confidence in the political system,"
said United We Stand America spokesperson
Proposed primary campaign spending limits are $100,000 and $200,000
respectively for Assembly and Senate candidates and $2'00,000 and $400,000
respectively for genera.! elections. Had the proposed expenditure limits been in
place in 1994, spending by candidates for state legislative office would have
been cut in half--reduced by over $45 million or %52 of the $86 million spent in
the 1994 elections for those offices. Under the proposal, a candidate for
governor abiding by the expenditure limits in 1994 could have spent no more
than $4 million in the primary and $8 million in the general election, %58 less
than the $29 million spent by Pete Wilson in the primary and general elections
and the $21.2 million spent by Kathleen Brown.
"Campaign finance reform is the single most important step we can take to
improve the quality of government in California," said Fran Packard, President-
elect of the League of Women Voters of California.
Proponents of the measure have 150 days to collect the 433,269 valid
signatures necessary to qualify the measure for the ballot. The collection period
begins when the attorney General issues his title and summary of the measure
which ordinarily occurs within 60 days of the filing with that office. Proponents
are aiming for the November 1996 ballot.
Ann McBride, President of National Common Cause, stressed the importance of
the proposal to the national reform effort. "Passage of this measure is not only
essential to California, but critical in the battle for campaign reform across the
country and in the Congress," McBride concluded.
The initiative is based on a model law developed by the California Commission
on Campaign financing, a nonprofit research organization located in Los
Angeles.
Contacts for the sponsoring organizations are.-
AARP
re:AARP Common Cause
Marty Omoto (916) 446-2277 Ruth Holton (916) 443-1792
Jean Carpenter (805) 983-2584
League of Women Voters Californians for Political Reform
Fran Packard (510) 845-3037 Tony Miller, Treasurer
Norma Brecher (916) 470-5000 (916) 444-0834
United We Stand America
Lois Rozet (310)288-1618
Michael Dee Gunn (415) 476-4498
DATE: 0,631
REQUEST TO SPEAK FORM U
(THREE (3) MINUTE LIMIT)
Complete this form and place it in the box near the speakers' rostrum before
addressing the Board.
NAME: PHONE:
ADDRESS: �� .1� L ir�l�1(1T� Z�.p CRY:
I am speaking formyself OR organization: C'Cf=1,E- 1417-4-0
NAME OF ORGANIZATION)
Check one:
I wish to speak on Agenda Item #
My comments will be: eneral for against
� I wi h ��G �
s to speak on the subject of
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SPEAKERS
1. Deposit, the "Request to Speak" form (on the reverse side) in the box next to 'the speaker:
microphone before your item is to be considered.
2. You will be called to make your presentation. Please speak into the microphone.
3. Begin by stating your name and address; whether you are speaking for yourself or as
representative of an organization.
4. Give the Clerk a copy of your presentation or support documentation, if available.
5. Please limit your presentation to three minutes. Avoid repeating comments made by previou
speakers. (The Chair may limit length of presentations so all persons may be heard.)
DATE: V r
REQUEST TO SPEAK '' ORM
(THREE (3) MINUTE LIMIT)
Complete this form and place it in the box near the speakers', rostrum before
addressing the Boar
NAME: 7r -PHONE: � f
ADDRESS: / CC's rll SS CITY:
I am speaking formyself OR organization:
Check one: NAME OF ORGANV-kTIOtl
I wish to speak on Agenda Item # ELE.
My comments wi1 � a1 be: general for gainst
I wish to speak on the subject of
I do not wish to speak but leave these comments for the Board to consider.
SPEAKERS
1. Deposit, the "Request to Speak" form (on the reverse side) in the box next to `he speaker;
microphone before your item is to be considered.
2. You will be called to make your presentation. Please speak into the microphone.
3. Begin by stating your name and address: whether you are speaking for yourself or as
representative of an organization.
4. Give the Clerk a copy of your presentation or support documentation, if available.
5. Please limit your presentation to three minutes. Avoid repeating comments made by previou
speakers. (The Chair may limit length of presentations so all persons may be heard.)