California 2017-2018 Regular Session

California Assembly Bill AB1089 Compare Versions

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11 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1089Introduced by Assembly Member Mullin(Coauthors: Assembly Members Berman and Chiu)(Coauthors: Senators Allen, Hill, and Wieckowski)February 17, 2017 An act to amend and repeal Sections 35177 and 72029 of the Education Code, to amend and repeal Sections 10003, 10202, and 10544 of the Elections Code, and to amend Section 85301 of, to amend, repeal, and add Sections 85305, 85306, 85307, 85315, 85316, 85317, and 85318 of, and to add Section 85702.5 to, the Government Code, relating to elections. LEGISLATIVE COUNSEL'S DIGESTAB 1089, as introduced, Mullin. Local elective offices: contribution limitations.The Political Reform Act of 1974 prohibits a person, other than a small contributor committee or political party committee, from making to a candidate for elective state office, for statewide elective office, or for office of the Governor, and prohibits those candidates from accepting from a person, a contribution totaling more than a specified amount per election. For a candidate for elective state office other than a candidate for statewide elective office, the limitation on contributions is $3,000 per election, as that amount is adjusted by the Fair Political Practices Commission in January of every odd-numbered year. Existing law authorizes a county, city, or district to limit campaign contributions in local elections. Existing law authorizes the governing board of a school district or of a community college district to limit campaign expenditures or contributions in elections to district offices. The act specifies that it does not prevent the Legislature or any other state or local agency from imposing additional requirements on a person if the requirements do not prevent the person from complying with the act, and that the act does not nullify contribution limitations or prohibitions by any local jurisdiction that apply to elections for local elective office, as specified.This bill, commencing January 1, 2019, instead would prohibit a person from making to a candidate for local elective office, and would prohibit a candidate for local elective office from accepting from a person, a contribution totaling more than the amount set forth in the act for limitations on contributions to a candidate for elective state office. This bill would also authorize a county, city, special district, or school district to impose a limitation that is different from the limitation imposed by this bill. This bill would repeal the authorization for the governing board of a school district or of a community college district to limit campaign expenditures in elections to district offices. This bill would make specified provisions of the act relating to contribution limitations applicable to a candidate for a local elective office, except as specified.The act makes a violation of its provisions punishable as a misdemeanor and subject to specified penalties.This bill would add the contribution limitation imposed by the bill to the acts provisions, thereby making a violation of the limitation punishable as a misdemeanor and subject to specified penalties. However, the bill would specify that a violation of a limitation imposed by a local government is not subject to the acts enforcement provisions. The bill would authorize a local government that imposes a limitation that is different from the limitation imposed by this bill to adopt enforcement standards for a violation of the limitation imposed by the local government agency, including administrative, civil, or criminal penalties. By expanding the scope of an existing crime with regard to a violation of a contribution limitation imposed by the bill, the 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 acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.This bill would declare that it furthers the purposes of the act.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Most states impose limitations on contributions to candidates for local elective offices. California is among the minority of states without these contribution limitations.(b) Most local governments in this state have not independently imposed limitations on contributions to candidates for local elective offices.(c) In local jurisdictions in this state that have not imposed limitations on contributions, candidates for local elective offices often receive contributions that would exceed the limitations for a state Senate campaign, even though most local jurisdictions contain far fewer people than the average state Senate district.(d) In local jurisdictions in this state that have not imposed limitations on contributions, candidates for local elective office sometimes raise 40 percent or more of their total campaign funds from a single contributor.(e) A system allowing unlimited contributions to a candidate for local elective office creates the risk and the perception that local elected officials are beholden to their contributors and will act in the best interest of those contributors at the expense of the people.(f) This state has a statewide interest in preventing actual corruption and the appearance of corruption at all levels of government.(g) This act establishes a limitation on contributions to a candidate for local elective office in a jurisdiction in which the local government has not established a limitation. However, a local government may establish a different limitation that is more precisely tailored to the needs of its communities. SEC. 2. Section 35177 of the Education Code is amended to read:35177. (a) The governing board of a district may by resolution limit campaign expenditures or contributions in elections to district offices.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. SEC. 3. Section 72029 of the Education Code is amended to read:72029. (a) The governing board of a community college district may by resolution limit campaign expenditures or contributions in elections to district offices.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. SEC. 4. Section 10003 of the Elections Code is amended to read:10003. (a) A county may by ordinance or resolution limit campaign contributions in county elections.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. SEC. 5. Section 10202 of the Elections Code is amended to read:10202. (a) A city may, by ordinance or resolution, limit campaign contributions in municipal elections.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. SEC. 6. Section 10544 of the Elections Code is amended to read:10544. (a) A governing body of a district may, by resolution, limit campaign contributions in elections to district offices.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. SEC. 7. Section 85301 of the Government Code is amended to read:85301. (a) A person, other than a small contributor committee or political party committee, may shall not make to any a candidate for elective state office other than a candidate for statewide elective office, and a candidate for elective state office other than a candidate for statewide elective office may shall not accept from a person, any a contribution totaling more than three thousand dollars ($3,000) per election.(b) Except to a candidate for Governor, a person, other than a small contributor committee or political party committee, may shall not make to any a candidate for statewide elective office, and except a candidate for Governor, a candidate for statewide elective office may shall not accept from a person other than a small contributor committee or a political party committee, any a contribution totaling more than five thousand dollars ($5,000) per election.(c) A person, other than a small contributor committee or political party committee, may shall not make to any a candidate for Governor, and a candidate for governor may Governor shall not accept from any person other than a small contributor committee or political party committee, any a contribution totaling more than twenty thousand dollars ($20,000) per election.(d) (1) A person shall not make to a candidate for local elective office, and a candidate for local elective office shall not accept from a person, a contribution totaling more than the amount set forth in subdivision (a) per election, as that amount is adjusted by the commission pursuant to Section 83124. This subdivision does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5. (2) This subdivision shall become operative on January 1, 2019. (d)(e) The provisions of this section do not apply to a candidates contributions of his or her personal funds to his or her own campaign.SEC. 8. Section 85305 of the Government Code is amended to read:85305. (a) A candidate for elective state office or committee controlled by that candidate may shall not make any contribution to any other candidate for elective state office in excess of the limits set forth in subdivision (a) of Section 85301.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. SEC. 9. Section 85305 is added to the Government Code, to read:85305. (a) A candidate for elective office or committee controlled by that candidate shall not make a contribution to any other candidate for elective office in excess of the limits set forth in subdivision (a) of Section 85301. This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(b) This section shall become operative on January 1, 2019.SEC. 10. Section 85306 of the Government Code is amended to read:85306. (a) A candidate may transfer campaign funds from one controlled committee to a controlled committee for elective state office of the same candidate. Contributions transferred shall be attributed to specific contributors using a last in, first out or first in, first out accounting method, and these attributed contributions when aggregated with all other contributions from the same contributor may shall not exceed the limits set forth in Section 85301 or 85302.(b) Notwithstanding subdivision (a), a candidate for elective state office, other than a candidate for statewide elective office, who possesses campaign funds on January 1, 2001, may use those funds to seek elective office without attributing the funds to specific contributors.(c) Notwithstanding subdivision (a), a candidate for statewide elective office who possesses campaign funds on November 6, 2002, may use those funds to seek elective office without attributing the funds to specific contributors.(d) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. SEC. 11. Section 85306 is added to the Government Code, to read:85306. (a) A candidate may transfer campaign funds from one controlled committee to a controlled committee for elective office of the same candidate. Contributions transferred shall be attributed to specific contributors using a last in, first out or first in, first out accounting method, and these attributed contributions when aggregated with all other contributions from the same contributor shall not exceed the limits set forth in Section 85301 or 85302.(b) Notwithstanding subdivision (a), a candidate for elective state office, other than a candidate for statewide elective office, who possesses campaign funds on January 1, 2001, may use those funds to seek elective office without attributing the funds to specific contributors.(c) Notwithstanding subdivision (a), a candidate for statewide elective office who possesses campaign funds on November 6, 2002, may use those funds to seek elective office without attributing the funds to specific contributors.(d) This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(e) This section shall become operative on January 1, 2019.SEC. 12. Section 85307 of the Government Code is amended to read:85307. (a) The provisions of this article regarding loans apply to extensions of credit, but do not apply to loans made to a candidate by a commercial lending institution in the lenders regular course of business on terms available to members of the general public for which the candidate is personally liable.(b) Notwithstanding subdivision (a), a candidate for elective state office may shall not personally loan to his or her campaign, including the proceeds of a loan obtained by the candidate from a commercial lending institution, an amount, the outstanding balance of which exceeds one hundred thousand dollars ($100,000). A candidate may shall not charge interest on any loan he or she made to his or her campaign.(c) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. SEC. 13. Section 85307 is added to the Government Code, to read:85307. (a) The provisions of this article regarding loans apply to extensions of credit, but do not apply to loans made to a candidate by a commercial lending institution in the lenders regular course of business on terms available to members of the general public for which the candidate is personally liable.(b) Notwithstanding subdivision (a), a candidate for elective office shall not personally loan to his or her campaign, including the proceeds of a loan obtained by the candidate from a commercial lending institution, an amount, the outstanding balance of which exceeds one hundred thousand dollars ($100,000). A candidate shall not charge interest on any loan he or she made to his or her campaign. This subdivision does not apply to a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(c) This section shall become operative on January 1, 2019.SEC. 14. Section 85315 of the Government Code is amended to read:85315. (a) Notwithstanding any other provision of this chapter, an elected state officer may establish a committee to oppose the qualification of a recall measure, and the recall election. This committee may be established when the elected state officer receives a notice of intent to recall pursuant to Section 11021 of the Elections Code. An elected state officer may accept campaign contributions to oppose the qualification of a recall measure, and if qualification is successful, the recall election, without regard to the campaign contributions limits set forth in this chapter. The voluntary expenditure limits do not apply to expenditures made to oppose the qualification of a recall measure or to oppose the recall election.(b) After the failure of a recall petition or after the recall election, the committee formed by the elected state officer shall wind down its activities and dissolve. Any remaining funds shall be treated as surplus funds and shall be expended within 30 days after the failure of the recall petition or after the recall election for a purpose specified in subdivision (b) of Section 89519.(c) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. SEC. 15. Section 85315 is added to the Government Code, to read:85315. (a) Notwithstanding any other provision of this chapter, an elected officer may establish a committee to oppose the qualification of a recall measure, and the recall election. This committee may be established when the elected officer receives a notice of intent to recall pursuant to Section 11021 of the Elections Code. An elected officer may accept campaign contributions to oppose the qualification of a recall measure, and if qualification is successful, the recall election, without regard to the campaign contribution limits set forth in this chapter. The voluntary expenditure limits do not apply to expenditures made to oppose the qualification of a recall measure or to oppose the recall election.(b) After the failure of a recall petition or after the recall election, the committee formed by the elected officer shall wind down its activities and dissolve. Any remaining funds shall be treated as surplus funds and shall be expended within 30 days after the failure of the recall petition or after the recall election for a purpose specified in subdivision (b) of Section 89519.(c) This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(d) This section shall become operative on January 1, 2019.SEC. 16. Section 85316 of the Government Code is amended to read:85316. (a) Except as provided in subdivision (b), a contribution for an election may be accepted by a candidate for elective state office after the date of the election only to the extent that the contribution does not exceed net debts outstanding from the election, and the contribution does not otherwise exceed the applicable contribution limit for that election.(b) Notwithstanding subdivision (a), an elected state officer may accept contributions after the date of the election for the purpose of paying expenses associated with holding the office provided that the contributions are not expended for any contribution to any state or local committee. Contributions received pursuant to this subdivision shall be deposited into a bank account established solely for the purposes specified in this subdivision.(1) No A person shall not make, and no an elected state officer shall not receive from a person, a contribution pursuant to this subdivision totaling more than the following amounts per calendar year:(A) Three thousand dollars ($3,000) in the case of an elected state officer of the Assembly or Senate.(B) Five thousand dollars ($5,000) in the case of a statewide elected state officer other than the Governor.(C) Twenty thousand dollars ($20,000) in the case of the Governor.(2) No An elected state officer shall not receive contributions pursuant to paragraph (1) that, in the aggregate, total more than the following amounts per calendar year:(A) Fifty thousand dollars ($50,000) in the case of an elected state officer of the Assembly or Senate.(B) One hundred thousand dollars ($100,000) in the case of a statewide elected state officer other than the Governor.(C) Two hundred thousand dollars ($200,000) in the case of the Governor.(3) Any contribution received pursuant to this subdivision shall be deemed to be a contribution to that candidate for election to any state office that he or she may seek during the term of office to which he or she is currently elected, including, but not limited to, reelection to the office he or she currently holds, and shall be subject to any applicable contribution limit provided in this title. If a contribution received pursuant to this subdivision exceeds the allowable contribution limit for the office sought, the candidate shall return the amount exceeding the limit to the contributor on a basis to be determined by the Commission. None of the expenditures made by elected state officers pursuant to this subdivision shall be subject to the voluntary expenditure limitations in Section 85400.(4) The commission shall adjust the calendar year contribution limitations and aggregate contribution limitations set forth in this subdivision in January of every odd-numbered year to reflect any increase or decrease in the Consumer Price Index. Those adjustments shall be rounded to the nearest one hundred dollars ($100).(c) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. SEC. 17. Section 85316 is added to the Government Code, to read:85316. (a) Except as provided in subdivision (b), a contribution for an election may be accepted by a candidate for elective office after the date of the election only to the extent that the contribution does not exceed net debts outstanding from the election, and the contribution does not otherwise exceed the applicable contribution limit for that election.(b) Notwithstanding subdivision (a), an elected state officer may accept contributions after the date of the election for the purpose of paying expenses associated with holding the office provided that the contributions are not expended for any contribution to any state or local committee. Contributions received pursuant to this subdivision shall be deposited into a bank account established solely for the purposes specified in this subdivision.(1) A person shall not make, and an elected state officer shall not receive from a person, a contribution pursuant to this subdivision totaling more than the following amounts per calendar year:(A) Three thousand dollars ($3,000) in the case of an elected state officer of the Assembly or Senate.(B) Five thousand dollars ($5,000) in the case of a statewide elected state officer other than the Governor.(C) Twenty thousand dollars ($20,000) in the case of the Governor.(2) An elected state officer shall not receive contributions pursuant to paragraph (1) that, in the aggregate, total more than the following amounts per calendar year:(A) Fifty thousand dollars ($50,000) in the case of an elected state officer of the Assembly or Senate.(B) One hundred thousand dollars ($100,000) in the case of a statewide elected state officer other than the Governor.(C) Two hundred thousand dollars ($200,000) in the case of the Governor.(3) Any contribution received pursuant to this subdivision shall be deemed to be a contribution to that candidate for election to any state office that he or she may seek during the term of office to which he or she is currently elected, including, but not limited to, reelection to the office he or she currently holds, and shall be subject to any applicable contribution limit provided in this title. If a contribution received pursuant to this subdivision exceeds the allowable contribution limit for the office sought, the candidate shall return the amount exceeding the limit to the contributor on a basis to be determined by the Commission. None of the expenditures made by elected state officers pursuant to this subdivision shall be subject to the voluntary expenditure limitations in Section 85400.(4) The commission shall adjust the calendar year contribution limitations and aggregate contribution limitations set forth in this subdivision in January of every odd-numbered year to reflect any increase or decrease in the Consumer Price Index. Those adjustments shall be rounded to the nearest one hundred dollars ($100).(c) This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(d) This section shall become operative on January 1, 2019.SEC. 18. Section 85317 of the Government Code is amended to read:85317. (a) Notwithstanding subdivision (a) of Section 85306, a candidate for elective state office may carry over contributions raised in connection with one election for elective state office to pay campaign expenditures incurred in connection with a subsequent election for the same elective state office.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. SEC. 19. Section 85317 is added to the Government Code, to read:85317. (a) Notwithstanding subdivision (a) of Section 85306, a candidate for elective office may carry over contributions raised in connection with one election for elective office to pay campaign expenditures incurred in connection with a subsequent election for the same elective office. This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(b) This section shall become operative on January 1, 2019.SEC. 20. Section 85318 of the Government Code is amended to read:85318. (a) A candidate for elective state office may raise contributions for a general election prior to the primary election, and for a special general election prior to a special primary election, for the same elective state office if the candidate sets aside these contributions and uses these contributions for the general election or special general election. If the candidate for elective state office is defeated in the primary election or special primary election, or otherwise withdraws from the general election or special general election, the general election or special general election funds shall be refunded to the contributors on a pro rata basis less any expenses associated with the raising and administration of general election or special general election contributions. Notwithstanding Section 85201, candidates for elective state office may establish separate campaign contribution accounts for the primary and general elections or special primary and special general elections.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. SEC. 21. Section 85318 is added to the Government Code, to read:85318. (a) A candidate for elective office may raise contributions for a general election prior to the primary election, and for a special general election prior to a special primary election, for the same elective office if the candidate sets aside these contributions and uses these contributions for the general election or special general election. If the candidate for elective office is defeated in the primary election or special primary election, or otherwise withdraws from the general election or special general election, the general election or special general election funds shall be refunded to the contributors on a pro rata basis less any expenses associated with the raising and administration of general election or special general election contributions. Notwithstanding Section 85201, candidates for elective office may establish separate campaign contribution accounts for the primary and general elections or special primary and special general elections.(b) This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(c) This section shall become operative on January 1, 2019.SEC. 22. Section 85702.5 is added to the Government Code, to read:85702.5. (a) A local government agency may, by ordinance or resolution, impose a limit on contributions to a candidate for local elective office that is different from the limit set forth in subdivision (d) of Section 85301. The limitation may also be imposed by means of a local initiative measure.(b) A local government agency that establishes a contribution limit pursuant to subdivision (a) may adopt enforcement standards for a violation of that limit, which may include administrative, civil, or criminal penalties.(c) The commission is not responsible for the administration or enforcement of a contribution limit adopted pursuant to subdivision (a).(d) This section shall become operative on January 1, 2019. A local government agencys limit on contributions to a candidate for local elective office that is in effect on the operative date of this section shall be deemed to be a limit imposed pursuant to subdivision (a).SEC. 23. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.SEC. 24. 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.
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33 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1089Introduced by Assembly Member Mullin(Coauthors: Assembly Members Berman and Chiu)(Coauthors: Senators Allen, Hill, and Wieckowski)February 17, 2017 An act to amend and repeal Sections 35177 and 72029 of the Education Code, to amend and repeal Sections 10003, 10202, and 10544 of the Elections Code, and to amend Section 85301 of, to amend, repeal, and add Sections 85305, 85306, 85307, 85315, 85316, 85317, and 85318 of, and to add Section 85702.5 to, the Government Code, relating to elections. LEGISLATIVE COUNSEL'S DIGESTAB 1089, as introduced, Mullin. Local elective offices: contribution limitations.The Political Reform Act of 1974 prohibits a person, other than a small contributor committee or political party committee, from making to a candidate for elective state office, for statewide elective office, or for office of the Governor, and prohibits those candidates from accepting from a person, a contribution totaling more than a specified amount per election. For a candidate for elective state office other than a candidate for statewide elective office, the limitation on contributions is $3,000 per election, as that amount is adjusted by the Fair Political Practices Commission in January of every odd-numbered year. Existing law authorizes a county, city, or district to limit campaign contributions in local elections. Existing law authorizes the governing board of a school district or of a community college district to limit campaign expenditures or contributions in elections to district offices. The act specifies that it does not prevent the Legislature or any other state or local agency from imposing additional requirements on a person if the requirements do not prevent the person from complying with the act, and that the act does not nullify contribution limitations or prohibitions by any local jurisdiction that apply to elections for local elective office, as specified.This bill, commencing January 1, 2019, instead would prohibit a person from making to a candidate for local elective office, and would prohibit a candidate for local elective office from accepting from a person, a contribution totaling more than the amount set forth in the act for limitations on contributions to a candidate for elective state office. This bill would also authorize a county, city, special district, or school district to impose a limitation that is different from the limitation imposed by this bill. This bill would repeal the authorization for the governing board of a school district or of a community college district to limit campaign expenditures in elections to district offices. This bill would make specified provisions of the act relating to contribution limitations applicable to a candidate for a local elective office, except as specified.The act makes a violation of its provisions punishable as a misdemeanor and subject to specified penalties.This bill would add the contribution limitation imposed by the bill to the acts provisions, thereby making a violation of the limitation punishable as a misdemeanor and subject to specified penalties. However, the bill would specify that a violation of a limitation imposed by a local government is not subject to the acts enforcement provisions. The bill would authorize a local government that imposes a limitation that is different from the limitation imposed by this bill to adopt enforcement standards for a violation of the limitation imposed by the local government agency, including administrative, civil, or criminal penalties. By expanding the scope of an existing crime with regard to a violation of a contribution limitation imposed by the bill, the 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 acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.This bill would declare that it furthers the purposes of the act.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES
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1111 Assembly Bill No. 1089
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1313 Introduced by Assembly Member Mullin(Coauthors: Assembly Members Berman and Chiu)(Coauthors: Senators Allen, Hill, and Wieckowski)February 17, 2017
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1515 Introduced by Assembly Member Mullin(Coauthors: Assembly Members Berman and Chiu)(Coauthors: Senators Allen, Hill, and Wieckowski)
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1818 An act to amend and repeal Sections 35177 and 72029 of the Education Code, to amend and repeal Sections 10003, 10202, and 10544 of the Elections Code, and to amend Section 85301 of, to amend, repeal, and add Sections 85305, 85306, 85307, 85315, 85316, 85317, and 85318 of, and to add Section 85702.5 to, the Government Code, relating to elections.
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2424 AB 1089, as introduced, Mullin. Local elective offices: contribution limitations.
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2626 The Political Reform Act of 1974 prohibits a person, other than a small contributor committee or political party committee, from making to a candidate for elective state office, for statewide elective office, or for office of the Governor, and prohibits those candidates from accepting from a person, a contribution totaling more than a specified amount per election. For a candidate for elective state office other than a candidate for statewide elective office, the limitation on contributions is $3,000 per election, as that amount is adjusted by the Fair Political Practices Commission in January of every odd-numbered year. Existing law authorizes a county, city, or district to limit campaign contributions in local elections. Existing law authorizes the governing board of a school district or of a community college district to limit campaign expenditures or contributions in elections to district offices. The act specifies that it does not prevent the Legislature or any other state or local agency from imposing additional requirements on a person if the requirements do not prevent the person from complying with the act, and that the act does not nullify contribution limitations or prohibitions by any local jurisdiction that apply to elections for local elective office, as specified.This bill, commencing January 1, 2019, instead would prohibit a person from making to a candidate for local elective office, and would prohibit a candidate for local elective office from accepting from a person, a contribution totaling more than the amount set forth in the act for limitations on contributions to a candidate for elective state office. This bill would also authorize a county, city, special district, or school district to impose a limitation that is different from the limitation imposed by this bill. This bill would repeal the authorization for the governing board of a school district or of a community college district to limit campaign expenditures in elections to district offices. This bill would make specified provisions of the act relating to contribution limitations applicable to a candidate for a local elective office, except as specified.The act makes a violation of its provisions punishable as a misdemeanor and subject to specified penalties.This bill would add the contribution limitation imposed by the bill to the acts provisions, thereby making a violation of the limitation punishable as a misdemeanor and subject to specified penalties. However, the bill would specify that a violation of a limitation imposed by a local government is not subject to the acts enforcement provisions. The bill would authorize a local government that imposes a limitation that is different from the limitation imposed by this bill to adopt enforcement standards for a violation of the limitation imposed by the local government agency, including administrative, civil, or criminal penalties. By expanding the scope of an existing crime with regard to a violation of a contribution limitation imposed by the bill, the 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 acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.This bill would declare that it furthers the purposes of the act.
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2828 The Political Reform Act of 1974 prohibits a person, other than a small contributor committee or political party committee, from making to a candidate for elective state office, for statewide elective office, or for office of the Governor, and prohibits those candidates from accepting from a person, a contribution totaling more than a specified amount per election. For a candidate for elective state office other than a candidate for statewide elective office, the limitation on contributions is $3,000 per election, as that amount is adjusted by the Fair Political Practices Commission in January of every odd-numbered year.
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3030 Existing law authorizes a county, city, or district to limit campaign contributions in local elections. Existing law authorizes the governing board of a school district or of a community college district to limit campaign expenditures or contributions in elections to district offices. The act specifies that it does not prevent the Legislature or any other state or local agency from imposing additional requirements on a person if the requirements do not prevent the person from complying with the act, and that the act does not nullify contribution limitations or prohibitions by any local jurisdiction that apply to elections for local elective office, as specified.
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3232 This bill, commencing January 1, 2019, instead would prohibit a person from making to a candidate for local elective office, and would prohibit a candidate for local elective office from accepting from a person, a contribution totaling more than the amount set forth in the act for limitations on contributions to a candidate for elective state office. This bill would also authorize a county, city, special district, or school district to impose a limitation that is different from the limitation imposed by this bill. This bill would repeal the authorization for the governing board of a school district or of a community college district to limit campaign expenditures in elections to district offices. This bill would make specified provisions of the act relating to contribution limitations applicable to a candidate for a local elective office, except as specified.
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3434 The act makes a violation of its provisions punishable as a misdemeanor and subject to specified penalties.
3535
3636 This bill would add the contribution limitation imposed by the bill to the acts provisions, thereby making a violation of the limitation punishable as a misdemeanor and subject to specified penalties. However, the bill would specify that a violation of a limitation imposed by a local government is not subject to the acts enforcement provisions. The bill would authorize a local government that imposes a limitation that is different from the limitation imposed by this bill to adopt enforcement standards for a violation of the limitation imposed by the local government agency, including administrative, civil, or criminal penalties. By expanding the scope of an existing crime with regard to a violation of a contribution limitation imposed by the bill, the bill would impose a state-mandated local program.
3737
3838 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.
3939
4040 This bill would provide that no reimbursement is required by this act for a specified reason.
4141
4242 The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.
4343
4444 This bill would declare that it furthers the purposes of the act.
4545
4646 ## Digest Key
4747
4848 ## Bill Text
4949
5050 The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Most states impose limitations on contributions to candidates for local elective offices. California is among the minority of states without these contribution limitations.(b) Most local governments in this state have not independently imposed limitations on contributions to candidates for local elective offices.(c) In local jurisdictions in this state that have not imposed limitations on contributions, candidates for local elective offices often receive contributions that would exceed the limitations for a state Senate campaign, even though most local jurisdictions contain far fewer people than the average state Senate district.(d) In local jurisdictions in this state that have not imposed limitations on contributions, candidates for local elective office sometimes raise 40 percent or more of their total campaign funds from a single contributor.(e) A system allowing unlimited contributions to a candidate for local elective office creates the risk and the perception that local elected officials are beholden to their contributors and will act in the best interest of those contributors at the expense of the people.(f) This state has a statewide interest in preventing actual corruption and the appearance of corruption at all levels of government.(g) This act establishes a limitation on contributions to a candidate for local elective office in a jurisdiction in which the local government has not established a limitation. However, a local government may establish a different limitation that is more precisely tailored to the needs of its communities. SEC. 2. Section 35177 of the Education Code is amended to read:35177. (a) The governing board of a district may by resolution limit campaign expenditures or contributions in elections to district offices.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. SEC. 3. Section 72029 of the Education Code is amended to read:72029. (a) The governing board of a community college district may by resolution limit campaign expenditures or contributions in elections to district offices.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. SEC. 4. Section 10003 of the Elections Code is amended to read:10003. (a) A county may by ordinance or resolution limit campaign contributions in county elections.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. SEC. 5. Section 10202 of the Elections Code is amended to read:10202. (a) A city may, by ordinance or resolution, limit campaign contributions in municipal elections.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. SEC. 6. Section 10544 of the Elections Code is amended to read:10544. (a) A governing body of a district may, by resolution, limit campaign contributions in elections to district offices.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. SEC. 7. Section 85301 of the Government Code is amended to read:85301. (a) A person, other than a small contributor committee or political party committee, may shall not make to any a candidate for elective state office other than a candidate for statewide elective office, and a candidate for elective state office other than a candidate for statewide elective office may shall not accept from a person, any a contribution totaling more than three thousand dollars ($3,000) per election.(b) Except to a candidate for Governor, a person, other than a small contributor committee or political party committee, may shall not make to any a candidate for statewide elective office, and except a candidate for Governor, a candidate for statewide elective office may shall not accept from a person other than a small contributor committee or a political party committee, any a contribution totaling more than five thousand dollars ($5,000) per election.(c) A person, other than a small contributor committee or political party committee, may shall not make to any a candidate for Governor, and a candidate for governor may Governor shall not accept from any person other than a small contributor committee or political party committee, any a contribution totaling more than twenty thousand dollars ($20,000) per election.(d) (1) A person shall not make to a candidate for local elective office, and a candidate for local elective office shall not accept from a person, a contribution totaling more than the amount set forth in subdivision (a) per election, as that amount is adjusted by the commission pursuant to Section 83124. This subdivision does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5. (2) This subdivision shall become operative on January 1, 2019. (d)(e) The provisions of this section do not apply to a candidates contributions of his or her personal funds to his or her own campaign.SEC. 8. Section 85305 of the Government Code is amended to read:85305. (a) A candidate for elective state office or committee controlled by that candidate may shall not make any contribution to any other candidate for elective state office in excess of the limits set forth in subdivision (a) of Section 85301.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. SEC. 9. Section 85305 is added to the Government Code, to read:85305. (a) A candidate for elective office or committee controlled by that candidate shall not make a contribution to any other candidate for elective office in excess of the limits set forth in subdivision (a) of Section 85301. This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(b) This section shall become operative on January 1, 2019.SEC. 10. Section 85306 of the Government Code is amended to read:85306. (a) A candidate may transfer campaign funds from one controlled committee to a controlled committee for elective state office of the same candidate. Contributions transferred shall be attributed to specific contributors using a last in, first out or first in, first out accounting method, and these attributed contributions when aggregated with all other contributions from the same contributor may shall not exceed the limits set forth in Section 85301 or 85302.(b) Notwithstanding subdivision (a), a candidate for elective state office, other than a candidate for statewide elective office, who possesses campaign funds on January 1, 2001, may use those funds to seek elective office without attributing the funds to specific contributors.(c) Notwithstanding subdivision (a), a candidate for statewide elective office who possesses campaign funds on November 6, 2002, may use those funds to seek elective office without attributing the funds to specific contributors.(d) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. SEC. 11. Section 85306 is added to the Government Code, to read:85306. (a) A candidate may transfer campaign funds from one controlled committee to a controlled committee for elective office of the same candidate. Contributions transferred shall be attributed to specific contributors using a last in, first out or first in, first out accounting method, and these attributed contributions when aggregated with all other contributions from the same contributor shall not exceed the limits set forth in Section 85301 or 85302.(b) Notwithstanding subdivision (a), a candidate for elective state office, other than a candidate for statewide elective office, who possesses campaign funds on January 1, 2001, may use those funds to seek elective office without attributing the funds to specific contributors.(c) Notwithstanding subdivision (a), a candidate for statewide elective office who possesses campaign funds on November 6, 2002, may use those funds to seek elective office without attributing the funds to specific contributors.(d) This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(e) This section shall become operative on January 1, 2019.SEC. 12. Section 85307 of the Government Code is amended to read:85307. (a) The provisions of this article regarding loans apply to extensions of credit, but do not apply to loans made to a candidate by a commercial lending institution in the lenders regular course of business on terms available to members of the general public for which the candidate is personally liable.(b) Notwithstanding subdivision (a), a candidate for elective state office may shall not personally loan to his or her campaign, including the proceeds of a loan obtained by the candidate from a commercial lending institution, an amount, the outstanding balance of which exceeds one hundred thousand dollars ($100,000). A candidate may shall not charge interest on any loan he or she made to his or her campaign.(c) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. SEC. 13. Section 85307 is added to the Government Code, to read:85307. (a) The provisions of this article regarding loans apply to extensions of credit, but do not apply to loans made to a candidate by a commercial lending institution in the lenders regular course of business on terms available to members of the general public for which the candidate is personally liable.(b) Notwithstanding subdivision (a), a candidate for elective office shall not personally loan to his or her campaign, including the proceeds of a loan obtained by the candidate from a commercial lending institution, an amount, the outstanding balance of which exceeds one hundred thousand dollars ($100,000). A candidate shall not charge interest on any loan he or she made to his or her campaign. This subdivision does not apply to a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(c) This section shall become operative on January 1, 2019.SEC. 14. Section 85315 of the Government Code is amended to read:85315. (a) Notwithstanding any other provision of this chapter, an elected state officer may establish a committee to oppose the qualification of a recall measure, and the recall election. This committee may be established when the elected state officer receives a notice of intent to recall pursuant to Section 11021 of the Elections Code. An elected state officer may accept campaign contributions to oppose the qualification of a recall measure, and if qualification is successful, the recall election, without regard to the campaign contributions limits set forth in this chapter. The voluntary expenditure limits do not apply to expenditures made to oppose the qualification of a recall measure or to oppose the recall election.(b) After the failure of a recall petition or after the recall election, the committee formed by the elected state officer shall wind down its activities and dissolve. Any remaining funds shall be treated as surplus funds and shall be expended within 30 days after the failure of the recall petition or after the recall election for a purpose specified in subdivision (b) of Section 89519.(c) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. SEC. 15. Section 85315 is added to the Government Code, to read:85315. (a) Notwithstanding any other provision of this chapter, an elected officer may establish a committee to oppose the qualification of a recall measure, and the recall election. This committee may be established when the elected officer receives a notice of intent to recall pursuant to Section 11021 of the Elections Code. An elected officer may accept campaign contributions to oppose the qualification of a recall measure, and if qualification is successful, the recall election, without regard to the campaign contribution limits set forth in this chapter. The voluntary expenditure limits do not apply to expenditures made to oppose the qualification of a recall measure or to oppose the recall election.(b) After the failure of a recall petition or after the recall election, the committee formed by the elected officer shall wind down its activities and dissolve. Any remaining funds shall be treated as surplus funds and shall be expended within 30 days after the failure of the recall petition or after the recall election for a purpose specified in subdivision (b) of Section 89519.(c) This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(d) This section shall become operative on January 1, 2019.SEC. 16. Section 85316 of the Government Code is amended to read:85316. (a) Except as provided in subdivision (b), a contribution for an election may be accepted by a candidate for elective state office after the date of the election only to the extent that the contribution does not exceed net debts outstanding from the election, and the contribution does not otherwise exceed the applicable contribution limit for that election.(b) Notwithstanding subdivision (a), an elected state officer may accept contributions after the date of the election for the purpose of paying expenses associated with holding the office provided that the contributions are not expended for any contribution to any state or local committee. Contributions received pursuant to this subdivision shall be deposited into a bank account established solely for the purposes specified in this subdivision.(1) No A person shall not make, and no an elected state officer shall not receive from a person, a contribution pursuant to this subdivision totaling more than the following amounts per calendar year:(A) Three thousand dollars ($3,000) in the case of an elected state officer of the Assembly or Senate.(B) Five thousand dollars ($5,000) in the case of a statewide elected state officer other than the Governor.(C) Twenty thousand dollars ($20,000) in the case of the Governor.(2) No An elected state officer shall not receive contributions pursuant to paragraph (1) that, in the aggregate, total more than the following amounts per calendar year:(A) Fifty thousand dollars ($50,000) in the case of an elected state officer of the Assembly or Senate.(B) One hundred thousand dollars ($100,000) in the case of a statewide elected state officer other than the Governor.(C) Two hundred thousand dollars ($200,000) in the case of the Governor.(3) Any contribution received pursuant to this subdivision shall be deemed to be a contribution to that candidate for election to any state office that he or she may seek during the term of office to which he or she is currently elected, including, but not limited to, reelection to the office he or she currently holds, and shall be subject to any applicable contribution limit provided in this title. If a contribution received pursuant to this subdivision exceeds the allowable contribution limit for the office sought, the candidate shall return the amount exceeding the limit to the contributor on a basis to be determined by the Commission. None of the expenditures made by elected state officers pursuant to this subdivision shall be subject to the voluntary expenditure limitations in Section 85400.(4) The commission shall adjust the calendar year contribution limitations and aggregate contribution limitations set forth in this subdivision in January of every odd-numbered year to reflect any increase or decrease in the Consumer Price Index. Those adjustments shall be rounded to the nearest one hundred dollars ($100).(c) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. SEC. 17. Section 85316 is added to the Government Code, to read:85316. (a) Except as provided in subdivision (b), a contribution for an election may be accepted by a candidate for elective office after the date of the election only to the extent that the contribution does not exceed net debts outstanding from the election, and the contribution does not otherwise exceed the applicable contribution limit for that election.(b) Notwithstanding subdivision (a), an elected state officer may accept contributions after the date of the election for the purpose of paying expenses associated with holding the office provided that the contributions are not expended for any contribution to any state or local committee. Contributions received pursuant to this subdivision shall be deposited into a bank account established solely for the purposes specified in this subdivision.(1) A person shall not make, and an elected state officer shall not receive from a person, a contribution pursuant to this subdivision totaling more than the following amounts per calendar year:(A) Three thousand dollars ($3,000) in the case of an elected state officer of the Assembly or Senate.(B) Five thousand dollars ($5,000) in the case of a statewide elected state officer other than the Governor.(C) Twenty thousand dollars ($20,000) in the case of the Governor.(2) An elected state officer shall not receive contributions pursuant to paragraph (1) that, in the aggregate, total more than the following amounts per calendar year:(A) Fifty thousand dollars ($50,000) in the case of an elected state officer of the Assembly or Senate.(B) One hundred thousand dollars ($100,000) in the case of a statewide elected state officer other than the Governor.(C) Two hundred thousand dollars ($200,000) in the case of the Governor.(3) Any contribution received pursuant to this subdivision shall be deemed to be a contribution to that candidate for election to any state office that he or she may seek during the term of office to which he or she is currently elected, including, but not limited to, reelection to the office he or she currently holds, and shall be subject to any applicable contribution limit provided in this title. If a contribution received pursuant to this subdivision exceeds the allowable contribution limit for the office sought, the candidate shall return the amount exceeding the limit to the contributor on a basis to be determined by the Commission. None of the expenditures made by elected state officers pursuant to this subdivision shall be subject to the voluntary expenditure limitations in Section 85400.(4) The commission shall adjust the calendar year contribution limitations and aggregate contribution limitations set forth in this subdivision in January of every odd-numbered year to reflect any increase or decrease in the Consumer Price Index. Those adjustments shall be rounded to the nearest one hundred dollars ($100).(c) This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(d) This section shall become operative on January 1, 2019.SEC. 18. Section 85317 of the Government Code is amended to read:85317. (a) Notwithstanding subdivision (a) of Section 85306, a candidate for elective state office may carry over contributions raised in connection with one election for elective state office to pay campaign expenditures incurred in connection with a subsequent election for the same elective state office.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. SEC. 19. Section 85317 is added to the Government Code, to read:85317. (a) Notwithstanding subdivision (a) of Section 85306, a candidate for elective office may carry over contributions raised in connection with one election for elective office to pay campaign expenditures incurred in connection with a subsequent election for the same elective office. This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(b) This section shall become operative on January 1, 2019.SEC. 20. Section 85318 of the Government Code is amended to read:85318. (a) A candidate for elective state office may raise contributions for a general election prior to the primary election, and for a special general election prior to a special primary election, for the same elective state office if the candidate sets aside these contributions and uses these contributions for the general election or special general election. If the candidate for elective state office is defeated in the primary election or special primary election, or otherwise withdraws from the general election or special general election, the general election or special general election funds shall be refunded to the contributors on a pro rata basis less any expenses associated with the raising and administration of general election or special general election contributions. Notwithstanding Section 85201, candidates for elective state office may establish separate campaign contribution accounts for the primary and general elections or special primary and special general elections.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. SEC. 21. Section 85318 is added to the Government Code, to read:85318. (a) A candidate for elective office may raise contributions for a general election prior to the primary election, and for a special general election prior to a special primary election, for the same elective office if the candidate sets aside these contributions and uses these contributions for the general election or special general election. If the candidate for elective office is defeated in the primary election or special primary election, or otherwise withdraws from the general election or special general election, the general election or special general election funds shall be refunded to the contributors on a pro rata basis less any expenses associated with the raising and administration of general election or special general election contributions. Notwithstanding Section 85201, candidates for elective office may establish separate campaign contribution accounts for the primary and general elections or special primary and special general elections.(b) This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(c) This section shall become operative on January 1, 2019.SEC. 22. Section 85702.5 is added to the Government Code, to read:85702.5. (a) A local government agency may, by ordinance or resolution, impose a limit on contributions to a candidate for local elective office that is different from the limit set forth in subdivision (d) of Section 85301. The limitation may also be imposed by means of a local initiative measure.(b) A local government agency that establishes a contribution limit pursuant to subdivision (a) may adopt enforcement standards for a violation of that limit, which may include administrative, civil, or criminal penalties.(c) The commission is not responsible for the administration or enforcement of a contribution limit adopted pursuant to subdivision (a).(d) This section shall become operative on January 1, 2019. A local government agencys limit on contributions to a candidate for local elective office that is in effect on the operative date of this section shall be deemed to be a limit imposed pursuant to subdivision (a).SEC. 23. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.SEC. 24. 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.
5151
5252 The people of the State of California do enact as follows:
5353
5454 ## The people of the State of California do enact as follows:
5555
5656 SECTION 1. The Legislature finds and declares all of the following:(a) Most states impose limitations on contributions to candidates for local elective offices. California is among the minority of states without these contribution limitations.(b) Most local governments in this state have not independently imposed limitations on contributions to candidates for local elective offices.(c) In local jurisdictions in this state that have not imposed limitations on contributions, candidates for local elective offices often receive contributions that would exceed the limitations for a state Senate campaign, even though most local jurisdictions contain far fewer people than the average state Senate district.(d) In local jurisdictions in this state that have not imposed limitations on contributions, candidates for local elective office sometimes raise 40 percent or more of their total campaign funds from a single contributor.(e) A system allowing unlimited contributions to a candidate for local elective office creates the risk and the perception that local elected officials are beholden to their contributors and will act in the best interest of those contributors at the expense of the people.(f) This state has a statewide interest in preventing actual corruption and the appearance of corruption at all levels of government.(g) This act establishes a limitation on contributions to a candidate for local elective office in a jurisdiction in which the local government has not established a limitation. However, a local government may establish a different limitation that is more precisely tailored to the needs of its communities.
5757
5858 SECTION 1. The Legislature finds and declares all of the following:(a) Most states impose limitations on contributions to candidates for local elective offices. California is among the minority of states without these contribution limitations.(b) Most local governments in this state have not independently imposed limitations on contributions to candidates for local elective offices.(c) In local jurisdictions in this state that have not imposed limitations on contributions, candidates for local elective offices often receive contributions that would exceed the limitations for a state Senate campaign, even though most local jurisdictions contain far fewer people than the average state Senate district.(d) In local jurisdictions in this state that have not imposed limitations on contributions, candidates for local elective office sometimes raise 40 percent or more of their total campaign funds from a single contributor.(e) A system allowing unlimited contributions to a candidate for local elective office creates the risk and the perception that local elected officials are beholden to their contributors and will act in the best interest of those contributors at the expense of the people.(f) This state has a statewide interest in preventing actual corruption and the appearance of corruption at all levels of government.(g) This act establishes a limitation on contributions to a candidate for local elective office in a jurisdiction in which the local government has not established a limitation. However, a local government may establish a different limitation that is more precisely tailored to the needs of its communities.
5959
6060 SECTION 1. The Legislature finds and declares all of the following:
6161
6262 ### SECTION 1.
6363
6464 (a) Most states impose limitations on contributions to candidates for local elective offices. California is among the minority of states without these contribution limitations.
6565
6666 (b) Most local governments in this state have not independently imposed limitations on contributions to candidates for local elective offices.
6767
6868 (c) In local jurisdictions in this state that have not imposed limitations on contributions, candidates for local elective offices often receive contributions that would exceed the limitations for a state Senate campaign, even though most local jurisdictions contain far fewer people than the average state Senate district.
6969
7070 (d) In local jurisdictions in this state that have not imposed limitations on contributions, candidates for local elective office sometimes raise 40 percent or more of their total campaign funds from a single contributor.
7171
7272 (e) A system allowing unlimited contributions to a candidate for local elective office creates the risk and the perception that local elected officials are beholden to their contributors and will act in the best interest of those contributors at the expense of the people.
7373
7474 (f) This state has a statewide interest in preventing actual corruption and the appearance of corruption at all levels of government.
7575
7676 (g) This act establishes a limitation on contributions to a candidate for local elective office in a jurisdiction in which the local government has not established a limitation. However, a local government may establish a different limitation that is more precisely tailored to the needs of its communities.
7777
7878 SEC. 2. Section 35177 of the Education Code is amended to read:35177. (a) The governing board of a district may by resolution limit campaign expenditures or contributions in elections to district offices.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
7979
8080 SEC. 2. Section 35177 of the Education Code is amended to read:
8181
8282 ### SEC. 2.
8383
8484 35177. (a) The governing board of a district may by resolution limit campaign expenditures or contributions in elections to district offices.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
8585
8686 35177. (a) The governing board of a district may by resolution limit campaign expenditures or contributions in elections to district offices.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
8787
8888 35177. (a) The governing board of a district may by resolution limit campaign expenditures or contributions in elections to district offices.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
8989
9090
9191
9292 35177. (a) The governing board of a district may by resolution limit campaign expenditures or contributions in elections to district offices.
9393
9494 (b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
9595
9696 SEC. 3. Section 72029 of the Education Code is amended to read:72029. (a) The governing board of a community college district may by resolution limit campaign expenditures or contributions in elections to district offices.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
9797
9898 SEC. 3. Section 72029 of the Education Code is amended to read:
9999
100100 ### SEC. 3.
101101
102102 72029. (a) The governing board of a community college district may by resolution limit campaign expenditures or contributions in elections to district offices.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
103103
104104 72029. (a) The governing board of a community college district may by resolution limit campaign expenditures or contributions in elections to district offices.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
105105
106106 72029. (a) The governing board of a community college district may by resolution limit campaign expenditures or contributions in elections to district offices.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
107107
108108
109109
110110 72029. (a) The governing board of a community college district may by resolution limit campaign expenditures or contributions in elections to district offices.
111111
112112 (b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
113113
114114 SEC. 4. Section 10003 of the Elections Code is amended to read:10003. (a) A county may by ordinance or resolution limit campaign contributions in county elections.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
115115
116116 SEC. 4. Section 10003 of the Elections Code is amended to read:
117117
118118 ### SEC. 4.
119119
120120 10003. (a) A county may by ordinance or resolution limit campaign contributions in county elections.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
121121
122122 10003. (a) A county may by ordinance or resolution limit campaign contributions in county elections.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
123123
124124 10003. (a) A county may by ordinance or resolution limit campaign contributions in county elections.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
125125
126126
127127
128128 10003. (a) A county may by ordinance or resolution limit campaign contributions in county elections.
129129
130130 (b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
131131
132132 SEC. 5. Section 10202 of the Elections Code is amended to read:10202. (a) A city may, by ordinance or resolution, limit campaign contributions in municipal elections.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
133133
134134 SEC. 5. Section 10202 of the Elections Code is amended to read:
135135
136136 ### SEC. 5.
137137
138138 10202. (a) A city may, by ordinance or resolution, limit campaign contributions in municipal elections.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
139139
140140 10202. (a) A city may, by ordinance or resolution, limit campaign contributions in municipal elections.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
141141
142142 10202. (a) A city may, by ordinance or resolution, limit campaign contributions in municipal elections.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
143143
144144
145145
146146 10202. (a) A city may, by ordinance or resolution, limit campaign contributions in municipal elections.
147147
148148 (b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
149149
150150 SEC. 6. Section 10544 of the Elections Code is amended to read:10544. (a) A governing body of a district may, by resolution, limit campaign contributions in elections to district offices.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
151151
152152 SEC. 6. Section 10544 of the Elections Code is amended to read:
153153
154154 ### SEC. 6.
155155
156156 10544. (a) A governing body of a district may, by resolution, limit campaign contributions in elections to district offices.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
157157
158158 10544. (a) A governing body of a district may, by resolution, limit campaign contributions in elections to district offices.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
159159
160160 10544. (a) A governing body of a district may, by resolution, limit campaign contributions in elections to district offices.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
161161
162162
163163
164164 10544. (a) A governing body of a district may, by resolution, limit campaign contributions in elections to district offices.
165165
166166 (b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
167167
168168 SEC. 7. Section 85301 of the Government Code is amended to read:85301. (a) A person, other than a small contributor committee or political party committee, may shall not make to any a candidate for elective state office other than a candidate for statewide elective office, and a candidate for elective state office other than a candidate for statewide elective office may shall not accept from a person, any a contribution totaling more than three thousand dollars ($3,000) per election.(b) Except to a candidate for Governor, a person, other than a small contributor committee or political party committee, may shall not make to any a candidate for statewide elective office, and except a candidate for Governor, a candidate for statewide elective office may shall not accept from a person other than a small contributor committee or a political party committee, any a contribution totaling more than five thousand dollars ($5,000) per election.(c) A person, other than a small contributor committee or political party committee, may shall not make to any a candidate for Governor, and a candidate for governor may Governor shall not accept from any person other than a small contributor committee or political party committee, any a contribution totaling more than twenty thousand dollars ($20,000) per election.(d) (1) A person shall not make to a candidate for local elective office, and a candidate for local elective office shall not accept from a person, a contribution totaling more than the amount set forth in subdivision (a) per election, as that amount is adjusted by the commission pursuant to Section 83124. This subdivision does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5. (2) This subdivision shall become operative on January 1, 2019. (d)(e) The provisions of this section do not apply to a candidates contributions of his or her personal funds to his or her own campaign.
169169
170170 SEC. 7. Section 85301 of the Government Code is amended to read:
171171
172172 ### SEC. 7.
173173
174174 85301. (a) A person, other than a small contributor committee or political party committee, may shall not make to any a candidate for elective state office other than a candidate for statewide elective office, and a candidate for elective state office other than a candidate for statewide elective office may shall not accept from a person, any a contribution totaling more than three thousand dollars ($3,000) per election.(b) Except to a candidate for Governor, a person, other than a small contributor committee or political party committee, may shall not make to any a candidate for statewide elective office, and except a candidate for Governor, a candidate for statewide elective office may shall not accept from a person other than a small contributor committee or a political party committee, any a contribution totaling more than five thousand dollars ($5,000) per election.(c) A person, other than a small contributor committee or political party committee, may shall not make to any a candidate for Governor, and a candidate for governor may Governor shall not accept from any person other than a small contributor committee or political party committee, any a contribution totaling more than twenty thousand dollars ($20,000) per election.(d) (1) A person shall not make to a candidate for local elective office, and a candidate for local elective office shall not accept from a person, a contribution totaling more than the amount set forth in subdivision (a) per election, as that amount is adjusted by the commission pursuant to Section 83124. This subdivision does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5. (2) This subdivision shall become operative on January 1, 2019. (d)(e) The provisions of this section do not apply to a candidates contributions of his or her personal funds to his or her own campaign.
175175
176176 85301. (a) A person, other than a small contributor committee or political party committee, may shall not make to any a candidate for elective state office other than a candidate for statewide elective office, and a candidate for elective state office other than a candidate for statewide elective office may shall not accept from a person, any a contribution totaling more than three thousand dollars ($3,000) per election.(b) Except to a candidate for Governor, a person, other than a small contributor committee or political party committee, may shall not make to any a candidate for statewide elective office, and except a candidate for Governor, a candidate for statewide elective office may shall not accept from a person other than a small contributor committee or a political party committee, any a contribution totaling more than five thousand dollars ($5,000) per election.(c) A person, other than a small contributor committee or political party committee, may shall not make to any a candidate for Governor, and a candidate for governor may Governor shall not accept from any person other than a small contributor committee or political party committee, any a contribution totaling more than twenty thousand dollars ($20,000) per election.(d) (1) A person shall not make to a candidate for local elective office, and a candidate for local elective office shall not accept from a person, a contribution totaling more than the amount set forth in subdivision (a) per election, as that amount is adjusted by the commission pursuant to Section 83124. This subdivision does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5. (2) This subdivision shall become operative on January 1, 2019. (d)(e) The provisions of this section do not apply to a candidates contributions of his or her personal funds to his or her own campaign.
177177
178178 85301. (a) A person, other than a small contributor committee or political party committee, may shall not make to any a candidate for elective state office other than a candidate for statewide elective office, and a candidate for elective state office other than a candidate for statewide elective office may shall not accept from a person, any a contribution totaling more than three thousand dollars ($3,000) per election.(b) Except to a candidate for Governor, a person, other than a small contributor committee or political party committee, may shall not make to any a candidate for statewide elective office, and except a candidate for Governor, a candidate for statewide elective office may shall not accept from a person other than a small contributor committee or a political party committee, any a contribution totaling more than five thousand dollars ($5,000) per election.(c) A person, other than a small contributor committee or political party committee, may shall not make to any a candidate for Governor, and a candidate for governor may Governor shall not accept from any person other than a small contributor committee or political party committee, any a contribution totaling more than twenty thousand dollars ($20,000) per election.(d) (1) A person shall not make to a candidate for local elective office, and a candidate for local elective office shall not accept from a person, a contribution totaling more than the amount set forth in subdivision (a) per election, as that amount is adjusted by the commission pursuant to Section 83124. This subdivision does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5. (2) This subdivision shall become operative on January 1, 2019. (d)(e) The provisions of this section do not apply to a candidates contributions of his or her personal funds to his or her own campaign.
179179
180180
181181
182182 85301. (a) A person, other than a small contributor committee or political party committee, may shall not make to any a candidate for elective state office other than a candidate for statewide elective office, and a candidate for elective state office other than a candidate for statewide elective office may shall not accept from a person, any a contribution totaling more than three thousand dollars ($3,000) per election.
183183
184184 (b) Except to a candidate for Governor, a person, other than a small contributor committee or political party committee, may shall not make to any a candidate for statewide elective office, and except a candidate for Governor, a candidate for statewide elective office may shall not accept from a person other than a small contributor committee or a political party committee, any a contribution totaling more than five thousand dollars ($5,000) per election.
185185
186186 (c) A person, other than a small contributor committee or political party committee, may shall not make to any a candidate for Governor, and a candidate for governor may Governor shall not accept from any person other than a small contributor committee or political party committee, any a contribution totaling more than twenty thousand dollars ($20,000) per election.
187187
188188 (d) (1) A person shall not make to a candidate for local elective office, and a candidate for local elective office shall not accept from a person, a contribution totaling more than the amount set forth in subdivision (a) per election, as that amount is adjusted by the commission pursuant to Section 83124. This subdivision does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.
189189
190190 (2) This subdivision shall become operative on January 1, 2019.
191191
192192 (d)
193193
194194
195195
196196 (e) The provisions of this section do not apply to a candidates contributions of his or her personal funds to his or her own campaign.
197197
198198 SEC. 8. Section 85305 of the Government Code is amended to read:85305. (a) A candidate for elective state office or committee controlled by that candidate may shall not make any contribution to any other candidate for elective state office in excess of the limits set forth in subdivision (a) of Section 85301.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
199199
200200 SEC. 8. Section 85305 of the Government Code is amended to read:
201201
202202 ### SEC. 8.
203203
204204 85305. (a) A candidate for elective state office or committee controlled by that candidate may shall not make any contribution to any other candidate for elective state office in excess of the limits set forth in subdivision (a) of Section 85301.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
205205
206206 85305. (a) A candidate for elective state office or committee controlled by that candidate may shall not make any contribution to any other candidate for elective state office in excess of the limits set forth in subdivision (a) of Section 85301.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
207207
208208 85305. (a) A candidate for elective state office or committee controlled by that candidate may shall not make any contribution to any other candidate for elective state office in excess of the limits set forth in subdivision (a) of Section 85301.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
209209
210210
211211
212212 85305. (a) A candidate for elective state office or committee controlled by that candidate may shall not make any contribution to any other candidate for elective state office in excess of the limits set forth in subdivision (a) of Section 85301.
213213
214214 (b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
215215
216216 SEC. 9. Section 85305 is added to the Government Code, to read:85305. (a) A candidate for elective office or committee controlled by that candidate shall not make a contribution to any other candidate for elective office in excess of the limits set forth in subdivision (a) of Section 85301. This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(b) This section shall become operative on January 1, 2019.
217217
218218 SEC. 9. Section 85305 is added to the Government Code, to read:
219219
220220 ### SEC. 9.
221221
222222 85305. (a) A candidate for elective office or committee controlled by that candidate shall not make a contribution to any other candidate for elective office in excess of the limits set forth in subdivision (a) of Section 85301. This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(b) This section shall become operative on January 1, 2019.
223223
224224 85305. (a) A candidate for elective office or committee controlled by that candidate shall not make a contribution to any other candidate for elective office in excess of the limits set forth in subdivision (a) of Section 85301. This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(b) This section shall become operative on January 1, 2019.
225225
226226 85305. (a) A candidate for elective office or committee controlled by that candidate shall not make a contribution to any other candidate for elective office in excess of the limits set forth in subdivision (a) of Section 85301. This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(b) This section shall become operative on January 1, 2019.
227227
228228
229229
230230 85305. (a) A candidate for elective office or committee controlled by that candidate shall not make a contribution to any other candidate for elective office in excess of the limits set forth in subdivision (a) of Section 85301. This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.
231231
232232 (b) This section shall become operative on January 1, 2019.
233233
234234 SEC. 10. Section 85306 of the Government Code is amended to read:85306. (a) A candidate may transfer campaign funds from one controlled committee to a controlled committee for elective state office of the same candidate. Contributions transferred shall be attributed to specific contributors using a last in, first out or first in, first out accounting method, and these attributed contributions when aggregated with all other contributions from the same contributor may shall not exceed the limits set forth in Section 85301 or 85302.(b) Notwithstanding subdivision (a), a candidate for elective state office, other than a candidate for statewide elective office, who possesses campaign funds on January 1, 2001, may use those funds to seek elective office without attributing the funds to specific contributors.(c) Notwithstanding subdivision (a), a candidate for statewide elective office who possesses campaign funds on November 6, 2002, may use those funds to seek elective office without attributing the funds to specific contributors.(d) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
235235
236236 SEC. 10. Section 85306 of the Government Code is amended to read:
237237
238238 ### SEC. 10.
239239
240240 85306. (a) A candidate may transfer campaign funds from one controlled committee to a controlled committee for elective state office of the same candidate. Contributions transferred shall be attributed to specific contributors using a last in, first out or first in, first out accounting method, and these attributed contributions when aggregated with all other contributions from the same contributor may shall not exceed the limits set forth in Section 85301 or 85302.(b) Notwithstanding subdivision (a), a candidate for elective state office, other than a candidate for statewide elective office, who possesses campaign funds on January 1, 2001, may use those funds to seek elective office without attributing the funds to specific contributors.(c) Notwithstanding subdivision (a), a candidate for statewide elective office who possesses campaign funds on November 6, 2002, may use those funds to seek elective office without attributing the funds to specific contributors.(d) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
241241
242242 85306. (a) A candidate may transfer campaign funds from one controlled committee to a controlled committee for elective state office of the same candidate. Contributions transferred shall be attributed to specific contributors using a last in, first out or first in, first out accounting method, and these attributed contributions when aggregated with all other contributions from the same contributor may shall not exceed the limits set forth in Section 85301 or 85302.(b) Notwithstanding subdivision (a), a candidate for elective state office, other than a candidate for statewide elective office, who possesses campaign funds on January 1, 2001, may use those funds to seek elective office without attributing the funds to specific contributors.(c) Notwithstanding subdivision (a), a candidate for statewide elective office who possesses campaign funds on November 6, 2002, may use those funds to seek elective office without attributing the funds to specific contributors.(d) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
243243
244244 85306. (a) A candidate may transfer campaign funds from one controlled committee to a controlled committee for elective state office of the same candidate. Contributions transferred shall be attributed to specific contributors using a last in, first out or first in, first out accounting method, and these attributed contributions when aggregated with all other contributions from the same contributor may shall not exceed the limits set forth in Section 85301 or 85302.(b) Notwithstanding subdivision (a), a candidate for elective state office, other than a candidate for statewide elective office, who possesses campaign funds on January 1, 2001, may use those funds to seek elective office without attributing the funds to specific contributors.(c) Notwithstanding subdivision (a), a candidate for statewide elective office who possesses campaign funds on November 6, 2002, may use those funds to seek elective office without attributing the funds to specific contributors.(d) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
245245
246246
247247
248248 85306. (a) A candidate may transfer campaign funds from one controlled committee to a controlled committee for elective state office of the same candidate. Contributions transferred shall be attributed to specific contributors using a last in, first out or first in, first out accounting method, and these attributed contributions when aggregated with all other contributions from the same contributor may shall not exceed the limits set forth in Section 85301 or 85302.
249249
250250 (b) Notwithstanding subdivision (a), a candidate for elective state office, other than a candidate for statewide elective office, who possesses campaign funds on January 1, 2001, may use those funds to seek elective office without attributing the funds to specific contributors.
251251
252252 (c) Notwithstanding subdivision (a), a candidate for statewide elective office who possesses campaign funds on November 6, 2002, may use those funds to seek elective office without attributing the funds to specific contributors.
253253
254254 (d) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
255255
256256 SEC. 11. Section 85306 is added to the Government Code, to read:85306. (a) A candidate may transfer campaign funds from one controlled committee to a controlled committee for elective office of the same candidate. Contributions transferred shall be attributed to specific contributors using a last in, first out or first in, first out accounting method, and these attributed contributions when aggregated with all other contributions from the same contributor shall not exceed the limits set forth in Section 85301 or 85302.(b) Notwithstanding subdivision (a), a candidate for elective state office, other than a candidate for statewide elective office, who possesses campaign funds on January 1, 2001, may use those funds to seek elective office without attributing the funds to specific contributors.(c) Notwithstanding subdivision (a), a candidate for statewide elective office who possesses campaign funds on November 6, 2002, may use those funds to seek elective office without attributing the funds to specific contributors.(d) This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(e) This section shall become operative on January 1, 2019.
257257
258258 SEC. 11. Section 85306 is added to the Government Code, to read:
259259
260260 ### SEC. 11.
261261
262262 85306. (a) A candidate may transfer campaign funds from one controlled committee to a controlled committee for elective office of the same candidate. Contributions transferred shall be attributed to specific contributors using a last in, first out or first in, first out accounting method, and these attributed contributions when aggregated with all other contributions from the same contributor shall not exceed the limits set forth in Section 85301 or 85302.(b) Notwithstanding subdivision (a), a candidate for elective state office, other than a candidate for statewide elective office, who possesses campaign funds on January 1, 2001, may use those funds to seek elective office without attributing the funds to specific contributors.(c) Notwithstanding subdivision (a), a candidate for statewide elective office who possesses campaign funds on November 6, 2002, may use those funds to seek elective office without attributing the funds to specific contributors.(d) This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(e) This section shall become operative on January 1, 2019.
263263
264264 85306. (a) A candidate may transfer campaign funds from one controlled committee to a controlled committee for elective office of the same candidate. Contributions transferred shall be attributed to specific contributors using a last in, first out or first in, first out accounting method, and these attributed contributions when aggregated with all other contributions from the same contributor shall not exceed the limits set forth in Section 85301 or 85302.(b) Notwithstanding subdivision (a), a candidate for elective state office, other than a candidate for statewide elective office, who possesses campaign funds on January 1, 2001, may use those funds to seek elective office without attributing the funds to specific contributors.(c) Notwithstanding subdivision (a), a candidate for statewide elective office who possesses campaign funds on November 6, 2002, may use those funds to seek elective office without attributing the funds to specific contributors.(d) This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(e) This section shall become operative on January 1, 2019.
265265
266266 85306. (a) A candidate may transfer campaign funds from one controlled committee to a controlled committee for elective office of the same candidate. Contributions transferred shall be attributed to specific contributors using a last in, first out or first in, first out accounting method, and these attributed contributions when aggregated with all other contributions from the same contributor shall not exceed the limits set forth in Section 85301 or 85302.(b) Notwithstanding subdivision (a), a candidate for elective state office, other than a candidate for statewide elective office, who possesses campaign funds on January 1, 2001, may use those funds to seek elective office without attributing the funds to specific contributors.(c) Notwithstanding subdivision (a), a candidate for statewide elective office who possesses campaign funds on November 6, 2002, may use those funds to seek elective office without attributing the funds to specific contributors.(d) This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(e) This section shall become operative on January 1, 2019.
267267
268268
269269
270270 85306. (a) A candidate may transfer campaign funds from one controlled committee to a controlled committee for elective office of the same candidate. Contributions transferred shall be attributed to specific contributors using a last in, first out or first in, first out accounting method, and these attributed contributions when aggregated with all other contributions from the same contributor shall not exceed the limits set forth in Section 85301 or 85302.
271271
272272 (b) Notwithstanding subdivision (a), a candidate for elective state office, other than a candidate for statewide elective office, who possesses campaign funds on January 1, 2001, may use those funds to seek elective office without attributing the funds to specific contributors.
273273
274274 (c) Notwithstanding subdivision (a), a candidate for statewide elective office who possesses campaign funds on November 6, 2002, may use those funds to seek elective office without attributing the funds to specific contributors.
275275
276276 (d) This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.
277277
278278 (e) This section shall become operative on January 1, 2019.
279279
280280 SEC. 12. Section 85307 of the Government Code is amended to read:85307. (a) The provisions of this article regarding loans apply to extensions of credit, but do not apply to loans made to a candidate by a commercial lending institution in the lenders regular course of business on terms available to members of the general public for which the candidate is personally liable.(b) Notwithstanding subdivision (a), a candidate for elective state office may shall not personally loan to his or her campaign, including the proceeds of a loan obtained by the candidate from a commercial lending institution, an amount, the outstanding balance of which exceeds one hundred thousand dollars ($100,000). A candidate may shall not charge interest on any loan he or she made to his or her campaign.(c) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
281281
282282 SEC. 12. Section 85307 of the Government Code is amended to read:
283283
284284 ### SEC. 12.
285285
286286 85307. (a) The provisions of this article regarding loans apply to extensions of credit, but do not apply to loans made to a candidate by a commercial lending institution in the lenders regular course of business on terms available to members of the general public for which the candidate is personally liable.(b) Notwithstanding subdivision (a), a candidate for elective state office may shall not personally loan to his or her campaign, including the proceeds of a loan obtained by the candidate from a commercial lending institution, an amount, the outstanding balance of which exceeds one hundred thousand dollars ($100,000). A candidate may shall not charge interest on any loan he or she made to his or her campaign.(c) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
287287
288288 85307. (a) The provisions of this article regarding loans apply to extensions of credit, but do not apply to loans made to a candidate by a commercial lending institution in the lenders regular course of business on terms available to members of the general public for which the candidate is personally liable.(b) Notwithstanding subdivision (a), a candidate for elective state office may shall not personally loan to his or her campaign, including the proceeds of a loan obtained by the candidate from a commercial lending institution, an amount, the outstanding balance of which exceeds one hundred thousand dollars ($100,000). A candidate may shall not charge interest on any loan he or she made to his or her campaign.(c) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
289289
290290 85307. (a) The provisions of this article regarding loans apply to extensions of credit, but do not apply to loans made to a candidate by a commercial lending institution in the lenders regular course of business on terms available to members of the general public for which the candidate is personally liable.(b) Notwithstanding subdivision (a), a candidate for elective state office may shall not personally loan to his or her campaign, including the proceeds of a loan obtained by the candidate from a commercial lending institution, an amount, the outstanding balance of which exceeds one hundred thousand dollars ($100,000). A candidate may shall not charge interest on any loan he or she made to his or her campaign.(c) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
291291
292292
293293
294294 85307. (a) The provisions of this article regarding loans apply to extensions of credit, but do not apply to loans made to a candidate by a commercial lending institution in the lenders regular course of business on terms available to members of the general public for which the candidate is personally liable.
295295
296296 (b) Notwithstanding subdivision (a), a candidate for elective state office may shall not personally loan to his or her campaign, including the proceeds of a loan obtained by the candidate from a commercial lending institution, an amount, the outstanding balance of which exceeds one hundred thousand dollars ($100,000). A candidate may shall not charge interest on any loan he or she made to his or her campaign.
297297
298298 (c) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
299299
300300 SEC. 13. Section 85307 is added to the Government Code, to read:85307. (a) The provisions of this article regarding loans apply to extensions of credit, but do not apply to loans made to a candidate by a commercial lending institution in the lenders regular course of business on terms available to members of the general public for which the candidate is personally liable.(b) Notwithstanding subdivision (a), a candidate for elective office shall not personally loan to his or her campaign, including the proceeds of a loan obtained by the candidate from a commercial lending institution, an amount, the outstanding balance of which exceeds one hundred thousand dollars ($100,000). A candidate shall not charge interest on any loan he or she made to his or her campaign. This subdivision does not apply to a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(c) This section shall become operative on January 1, 2019.
301301
302302 SEC. 13. Section 85307 is added to the Government Code, to read:
303303
304304 ### SEC. 13.
305305
306306 85307. (a) The provisions of this article regarding loans apply to extensions of credit, but do not apply to loans made to a candidate by a commercial lending institution in the lenders regular course of business on terms available to members of the general public for which the candidate is personally liable.(b) Notwithstanding subdivision (a), a candidate for elective office shall not personally loan to his or her campaign, including the proceeds of a loan obtained by the candidate from a commercial lending institution, an amount, the outstanding balance of which exceeds one hundred thousand dollars ($100,000). A candidate shall not charge interest on any loan he or she made to his or her campaign. This subdivision does not apply to a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(c) This section shall become operative on January 1, 2019.
307307
308308 85307. (a) The provisions of this article regarding loans apply to extensions of credit, but do not apply to loans made to a candidate by a commercial lending institution in the lenders regular course of business on terms available to members of the general public for which the candidate is personally liable.(b) Notwithstanding subdivision (a), a candidate for elective office shall not personally loan to his or her campaign, including the proceeds of a loan obtained by the candidate from a commercial lending institution, an amount, the outstanding balance of which exceeds one hundred thousand dollars ($100,000). A candidate shall not charge interest on any loan he or she made to his or her campaign. This subdivision does not apply to a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(c) This section shall become operative on January 1, 2019.
309309
310310 85307. (a) The provisions of this article regarding loans apply to extensions of credit, but do not apply to loans made to a candidate by a commercial lending institution in the lenders regular course of business on terms available to members of the general public for which the candidate is personally liable.(b) Notwithstanding subdivision (a), a candidate for elective office shall not personally loan to his or her campaign, including the proceeds of a loan obtained by the candidate from a commercial lending institution, an amount, the outstanding balance of which exceeds one hundred thousand dollars ($100,000). A candidate shall not charge interest on any loan he or she made to his or her campaign. This subdivision does not apply to a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(c) This section shall become operative on January 1, 2019.
311311
312312
313313
314314 85307. (a) The provisions of this article regarding loans apply to extensions of credit, but do not apply to loans made to a candidate by a commercial lending institution in the lenders regular course of business on terms available to members of the general public for which the candidate is personally liable.
315315
316316 (b) Notwithstanding subdivision (a), a candidate for elective office shall not personally loan to his or her campaign, including the proceeds of a loan obtained by the candidate from a commercial lending institution, an amount, the outstanding balance of which exceeds one hundred thousand dollars ($100,000). A candidate shall not charge interest on any loan he or she made to his or her campaign. This subdivision does not apply to a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.
317317
318318 (c) This section shall become operative on January 1, 2019.
319319
320320 SEC. 14. Section 85315 of the Government Code is amended to read:85315. (a) Notwithstanding any other provision of this chapter, an elected state officer may establish a committee to oppose the qualification of a recall measure, and the recall election. This committee may be established when the elected state officer receives a notice of intent to recall pursuant to Section 11021 of the Elections Code. An elected state officer may accept campaign contributions to oppose the qualification of a recall measure, and if qualification is successful, the recall election, without regard to the campaign contributions limits set forth in this chapter. The voluntary expenditure limits do not apply to expenditures made to oppose the qualification of a recall measure or to oppose the recall election.(b) After the failure of a recall petition or after the recall election, the committee formed by the elected state officer shall wind down its activities and dissolve. Any remaining funds shall be treated as surplus funds and shall be expended within 30 days after the failure of the recall petition or after the recall election for a purpose specified in subdivision (b) of Section 89519.(c) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
321321
322322 SEC. 14. Section 85315 of the Government Code is amended to read:
323323
324324 ### SEC. 14.
325325
326326 85315. (a) Notwithstanding any other provision of this chapter, an elected state officer may establish a committee to oppose the qualification of a recall measure, and the recall election. This committee may be established when the elected state officer receives a notice of intent to recall pursuant to Section 11021 of the Elections Code. An elected state officer may accept campaign contributions to oppose the qualification of a recall measure, and if qualification is successful, the recall election, without regard to the campaign contributions limits set forth in this chapter. The voluntary expenditure limits do not apply to expenditures made to oppose the qualification of a recall measure or to oppose the recall election.(b) After the failure of a recall petition or after the recall election, the committee formed by the elected state officer shall wind down its activities and dissolve. Any remaining funds shall be treated as surplus funds and shall be expended within 30 days after the failure of the recall petition or after the recall election for a purpose specified in subdivision (b) of Section 89519.(c) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
327327
328328 85315. (a) Notwithstanding any other provision of this chapter, an elected state officer may establish a committee to oppose the qualification of a recall measure, and the recall election. This committee may be established when the elected state officer receives a notice of intent to recall pursuant to Section 11021 of the Elections Code. An elected state officer may accept campaign contributions to oppose the qualification of a recall measure, and if qualification is successful, the recall election, without regard to the campaign contributions limits set forth in this chapter. The voluntary expenditure limits do not apply to expenditures made to oppose the qualification of a recall measure or to oppose the recall election.(b) After the failure of a recall petition or after the recall election, the committee formed by the elected state officer shall wind down its activities and dissolve. Any remaining funds shall be treated as surplus funds and shall be expended within 30 days after the failure of the recall petition or after the recall election for a purpose specified in subdivision (b) of Section 89519.(c) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
329329
330330 85315. (a) Notwithstanding any other provision of this chapter, an elected state officer may establish a committee to oppose the qualification of a recall measure, and the recall election. This committee may be established when the elected state officer receives a notice of intent to recall pursuant to Section 11021 of the Elections Code. An elected state officer may accept campaign contributions to oppose the qualification of a recall measure, and if qualification is successful, the recall election, without regard to the campaign contributions limits set forth in this chapter. The voluntary expenditure limits do not apply to expenditures made to oppose the qualification of a recall measure or to oppose the recall election.(b) After the failure of a recall petition or after the recall election, the committee formed by the elected state officer shall wind down its activities and dissolve. Any remaining funds shall be treated as surplus funds and shall be expended within 30 days after the failure of the recall petition or after the recall election for a purpose specified in subdivision (b) of Section 89519.(c) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
331331
332332
333333
334334 85315. (a) Notwithstanding any other provision of this chapter, an elected state officer may establish a committee to oppose the qualification of a recall measure, and the recall election. This committee may be established when the elected state officer receives a notice of intent to recall pursuant to Section 11021 of the Elections Code. An elected state officer may accept campaign contributions to oppose the qualification of a recall measure, and if qualification is successful, the recall election, without regard to the campaign contributions limits set forth in this chapter. The voluntary expenditure limits do not apply to expenditures made to oppose the qualification of a recall measure or to oppose the recall election.
335335
336336 (b) After the failure of a recall petition or after the recall election, the committee formed by the elected state officer shall wind down its activities and dissolve. Any remaining funds shall be treated as surplus funds and shall be expended within 30 days after the failure of the recall petition or after the recall election for a purpose specified in subdivision (b) of Section 89519.
337337
338338 (c) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
339339
340340 SEC. 15. Section 85315 is added to the Government Code, to read:85315. (a) Notwithstanding any other provision of this chapter, an elected officer may establish a committee to oppose the qualification of a recall measure, and the recall election. This committee may be established when the elected officer receives a notice of intent to recall pursuant to Section 11021 of the Elections Code. An elected officer may accept campaign contributions to oppose the qualification of a recall measure, and if qualification is successful, the recall election, without regard to the campaign contribution limits set forth in this chapter. The voluntary expenditure limits do not apply to expenditures made to oppose the qualification of a recall measure or to oppose the recall election.(b) After the failure of a recall petition or after the recall election, the committee formed by the elected officer shall wind down its activities and dissolve. Any remaining funds shall be treated as surplus funds and shall be expended within 30 days after the failure of the recall petition or after the recall election for a purpose specified in subdivision (b) of Section 89519.(c) This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(d) This section shall become operative on January 1, 2019.
341341
342342 SEC. 15. Section 85315 is added to the Government Code, to read:
343343
344344 ### SEC. 15.
345345
346346 85315. (a) Notwithstanding any other provision of this chapter, an elected officer may establish a committee to oppose the qualification of a recall measure, and the recall election. This committee may be established when the elected officer receives a notice of intent to recall pursuant to Section 11021 of the Elections Code. An elected officer may accept campaign contributions to oppose the qualification of a recall measure, and if qualification is successful, the recall election, without regard to the campaign contribution limits set forth in this chapter. The voluntary expenditure limits do not apply to expenditures made to oppose the qualification of a recall measure or to oppose the recall election.(b) After the failure of a recall petition or after the recall election, the committee formed by the elected officer shall wind down its activities and dissolve. Any remaining funds shall be treated as surplus funds and shall be expended within 30 days after the failure of the recall petition or after the recall election for a purpose specified in subdivision (b) of Section 89519.(c) This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(d) This section shall become operative on January 1, 2019.
347347
348348 85315. (a) Notwithstanding any other provision of this chapter, an elected officer may establish a committee to oppose the qualification of a recall measure, and the recall election. This committee may be established when the elected officer receives a notice of intent to recall pursuant to Section 11021 of the Elections Code. An elected officer may accept campaign contributions to oppose the qualification of a recall measure, and if qualification is successful, the recall election, without regard to the campaign contribution limits set forth in this chapter. The voluntary expenditure limits do not apply to expenditures made to oppose the qualification of a recall measure or to oppose the recall election.(b) After the failure of a recall petition or after the recall election, the committee formed by the elected officer shall wind down its activities and dissolve. Any remaining funds shall be treated as surplus funds and shall be expended within 30 days after the failure of the recall petition or after the recall election for a purpose specified in subdivision (b) of Section 89519.(c) This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(d) This section shall become operative on January 1, 2019.
349349
350350 85315. (a) Notwithstanding any other provision of this chapter, an elected officer may establish a committee to oppose the qualification of a recall measure, and the recall election. This committee may be established when the elected officer receives a notice of intent to recall pursuant to Section 11021 of the Elections Code. An elected officer may accept campaign contributions to oppose the qualification of a recall measure, and if qualification is successful, the recall election, without regard to the campaign contribution limits set forth in this chapter. The voluntary expenditure limits do not apply to expenditures made to oppose the qualification of a recall measure or to oppose the recall election.(b) After the failure of a recall petition or after the recall election, the committee formed by the elected officer shall wind down its activities and dissolve. Any remaining funds shall be treated as surplus funds and shall be expended within 30 days after the failure of the recall petition or after the recall election for a purpose specified in subdivision (b) of Section 89519.(c) This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(d) This section shall become operative on January 1, 2019.
351351
352352
353353
354354 85315. (a) Notwithstanding any other provision of this chapter, an elected officer may establish a committee to oppose the qualification of a recall measure, and the recall election. This committee may be established when the elected officer receives a notice of intent to recall pursuant to Section 11021 of the Elections Code. An elected officer may accept campaign contributions to oppose the qualification of a recall measure, and if qualification is successful, the recall election, without regard to the campaign contribution limits set forth in this chapter. The voluntary expenditure limits do not apply to expenditures made to oppose the qualification of a recall measure or to oppose the recall election.
355355
356356 (b) After the failure of a recall petition or after the recall election, the committee formed by the elected officer shall wind down its activities and dissolve. Any remaining funds shall be treated as surplus funds and shall be expended within 30 days after the failure of the recall petition or after the recall election for a purpose specified in subdivision (b) of Section 89519.
357357
358358 (c) This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.
359359
360360 (d) This section shall become operative on January 1, 2019.
361361
362362 SEC. 16. Section 85316 of the Government Code is amended to read:85316. (a) Except as provided in subdivision (b), a contribution for an election may be accepted by a candidate for elective state office after the date of the election only to the extent that the contribution does not exceed net debts outstanding from the election, and the contribution does not otherwise exceed the applicable contribution limit for that election.(b) Notwithstanding subdivision (a), an elected state officer may accept contributions after the date of the election for the purpose of paying expenses associated with holding the office provided that the contributions are not expended for any contribution to any state or local committee. Contributions received pursuant to this subdivision shall be deposited into a bank account established solely for the purposes specified in this subdivision.(1) No A person shall not make, and no an elected state officer shall not receive from a person, a contribution pursuant to this subdivision totaling more than the following amounts per calendar year:(A) Three thousand dollars ($3,000) in the case of an elected state officer of the Assembly or Senate.(B) Five thousand dollars ($5,000) in the case of a statewide elected state officer other than the Governor.(C) Twenty thousand dollars ($20,000) in the case of the Governor.(2) No An elected state officer shall not receive contributions pursuant to paragraph (1) that, in the aggregate, total more than the following amounts per calendar year:(A) Fifty thousand dollars ($50,000) in the case of an elected state officer of the Assembly or Senate.(B) One hundred thousand dollars ($100,000) in the case of a statewide elected state officer other than the Governor.(C) Two hundred thousand dollars ($200,000) in the case of the Governor.(3) Any contribution received pursuant to this subdivision shall be deemed to be a contribution to that candidate for election to any state office that he or she may seek during the term of office to which he or she is currently elected, including, but not limited to, reelection to the office he or she currently holds, and shall be subject to any applicable contribution limit provided in this title. If a contribution received pursuant to this subdivision exceeds the allowable contribution limit for the office sought, the candidate shall return the amount exceeding the limit to the contributor on a basis to be determined by the Commission. None of the expenditures made by elected state officers pursuant to this subdivision shall be subject to the voluntary expenditure limitations in Section 85400.(4) The commission shall adjust the calendar year contribution limitations and aggregate contribution limitations set forth in this subdivision in January of every odd-numbered year to reflect any increase or decrease in the Consumer Price Index. Those adjustments shall be rounded to the nearest one hundred dollars ($100).(c) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
363363
364364 SEC. 16. Section 85316 of the Government Code is amended to read:
365365
366366 ### SEC. 16.
367367
368368 85316. (a) Except as provided in subdivision (b), a contribution for an election may be accepted by a candidate for elective state office after the date of the election only to the extent that the contribution does not exceed net debts outstanding from the election, and the contribution does not otherwise exceed the applicable contribution limit for that election.(b) Notwithstanding subdivision (a), an elected state officer may accept contributions after the date of the election for the purpose of paying expenses associated with holding the office provided that the contributions are not expended for any contribution to any state or local committee. Contributions received pursuant to this subdivision shall be deposited into a bank account established solely for the purposes specified in this subdivision.(1) No A person shall not make, and no an elected state officer shall not receive from a person, a contribution pursuant to this subdivision totaling more than the following amounts per calendar year:(A) Three thousand dollars ($3,000) in the case of an elected state officer of the Assembly or Senate.(B) Five thousand dollars ($5,000) in the case of a statewide elected state officer other than the Governor.(C) Twenty thousand dollars ($20,000) in the case of the Governor.(2) No An elected state officer shall not receive contributions pursuant to paragraph (1) that, in the aggregate, total more than the following amounts per calendar year:(A) Fifty thousand dollars ($50,000) in the case of an elected state officer of the Assembly or Senate.(B) One hundred thousand dollars ($100,000) in the case of a statewide elected state officer other than the Governor.(C) Two hundred thousand dollars ($200,000) in the case of the Governor.(3) Any contribution received pursuant to this subdivision shall be deemed to be a contribution to that candidate for election to any state office that he or she may seek during the term of office to which he or she is currently elected, including, but not limited to, reelection to the office he or she currently holds, and shall be subject to any applicable contribution limit provided in this title. If a contribution received pursuant to this subdivision exceeds the allowable contribution limit for the office sought, the candidate shall return the amount exceeding the limit to the contributor on a basis to be determined by the Commission. None of the expenditures made by elected state officers pursuant to this subdivision shall be subject to the voluntary expenditure limitations in Section 85400.(4) The commission shall adjust the calendar year contribution limitations and aggregate contribution limitations set forth in this subdivision in January of every odd-numbered year to reflect any increase or decrease in the Consumer Price Index. Those adjustments shall be rounded to the nearest one hundred dollars ($100).(c) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
369369
370370 85316. (a) Except as provided in subdivision (b), a contribution for an election may be accepted by a candidate for elective state office after the date of the election only to the extent that the contribution does not exceed net debts outstanding from the election, and the contribution does not otherwise exceed the applicable contribution limit for that election.(b) Notwithstanding subdivision (a), an elected state officer may accept contributions after the date of the election for the purpose of paying expenses associated with holding the office provided that the contributions are not expended for any contribution to any state or local committee. Contributions received pursuant to this subdivision shall be deposited into a bank account established solely for the purposes specified in this subdivision.(1) No A person shall not make, and no an elected state officer shall not receive from a person, a contribution pursuant to this subdivision totaling more than the following amounts per calendar year:(A) Three thousand dollars ($3,000) in the case of an elected state officer of the Assembly or Senate.(B) Five thousand dollars ($5,000) in the case of a statewide elected state officer other than the Governor.(C) Twenty thousand dollars ($20,000) in the case of the Governor.(2) No An elected state officer shall not receive contributions pursuant to paragraph (1) that, in the aggregate, total more than the following amounts per calendar year:(A) Fifty thousand dollars ($50,000) in the case of an elected state officer of the Assembly or Senate.(B) One hundred thousand dollars ($100,000) in the case of a statewide elected state officer other than the Governor.(C) Two hundred thousand dollars ($200,000) in the case of the Governor.(3) Any contribution received pursuant to this subdivision shall be deemed to be a contribution to that candidate for election to any state office that he or she may seek during the term of office to which he or she is currently elected, including, but not limited to, reelection to the office he or she currently holds, and shall be subject to any applicable contribution limit provided in this title. If a contribution received pursuant to this subdivision exceeds the allowable contribution limit for the office sought, the candidate shall return the amount exceeding the limit to the contributor on a basis to be determined by the Commission. None of the expenditures made by elected state officers pursuant to this subdivision shall be subject to the voluntary expenditure limitations in Section 85400.(4) The commission shall adjust the calendar year contribution limitations and aggregate contribution limitations set forth in this subdivision in January of every odd-numbered year to reflect any increase or decrease in the Consumer Price Index. Those adjustments shall be rounded to the nearest one hundred dollars ($100).(c) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
371371
372372 85316. (a) Except as provided in subdivision (b), a contribution for an election may be accepted by a candidate for elective state office after the date of the election only to the extent that the contribution does not exceed net debts outstanding from the election, and the contribution does not otherwise exceed the applicable contribution limit for that election.(b) Notwithstanding subdivision (a), an elected state officer may accept contributions after the date of the election for the purpose of paying expenses associated with holding the office provided that the contributions are not expended for any contribution to any state or local committee. Contributions received pursuant to this subdivision shall be deposited into a bank account established solely for the purposes specified in this subdivision.(1) No A person shall not make, and no an elected state officer shall not receive from a person, a contribution pursuant to this subdivision totaling more than the following amounts per calendar year:(A) Three thousand dollars ($3,000) in the case of an elected state officer of the Assembly or Senate.(B) Five thousand dollars ($5,000) in the case of a statewide elected state officer other than the Governor.(C) Twenty thousand dollars ($20,000) in the case of the Governor.(2) No An elected state officer shall not receive contributions pursuant to paragraph (1) that, in the aggregate, total more than the following amounts per calendar year:(A) Fifty thousand dollars ($50,000) in the case of an elected state officer of the Assembly or Senate.(B) One hundred thousand dollars ($100,000) in the case of a statewide elected state officer other than the Governor.(C) Two hundred thousand dollars ($200,000) in the case of the Governor.(3) Any contribution received pursuant to this subdivision shall be deemed to be a contribution to that candidate for election to any state office that he or she may seek during the term of office to which he or she is currently elected, including, but not limited to, reelection to the office he or she currently holds, and shall be subject to any applicable contribution limit provided in this title. If a contribution received pursuant to this subdivision exceeds the allowable contribution limit for the office sought, the candidate shall return the amount exceeding the limit to the contributor on a basis to be determined by the Commission. None of the expenditures made by elected state officers pursuant to this subdivision shall be subject to the voluntary expenditure limitations in Section 85400.(4) The commission shall adjust the calendar year contribution limitations and aggregate contribution limitations set forth in this subdivision in January of every odd-numbered year to reflect any increase or decrease in the Consumer Price Index. Those adjustments shall be rounded to the nearest one hundred dollars ($100).(c) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
373373
374374
375375
376376 85316. (a) Except as provided in subdivision (b), a contribution for an election may be accepted by a candidate for elective state office after the date of the election only to the extent that the contribution does not exceed net debts outstanding from the election, and the contribution does not otherwise exceed the applicable contribution limit for that election.
377377
378378 (b) Notwithstanding subdivision (a), an elected state officer may accept contributions after the date of the election for the purpose of paying expenses associated with holding the office provided that the contributions are not expended for any contribution to any state or local committee. Contributions received pursuant to this subdivision shall be deposited into a bank account established solely for the purposes specified in this subdivision.
379379
380380 (1) No A person shall not make, and no an elected state officer shall not receive from a person, a contribution pursuant to this subdivision totaling more than the following amounts per calendar year:
381381
382382 (A) Three thousand dollars ($3,000) in the case of an elected state officer of the Assembly or Senate.
383383
384384 (B) Five thousand dollars ($5,000) in the case of a statewide elected state officer other than the Governor.
385385
386386 (C) Twenty thousand dollars ($20,000) in the case of the Governor.
387387
388388 (2) No An elected state officer shall not receive contributions pursuant to paragraph (1) that, in the aggregate, total more than the following amounts per calendar year:
389389
390390 (A) Fifty thousand dollars ($50,000) in the case of an elected state officer of the Assembly or Senate.
391391
392392 (B) One hundred thousand dollars ($100,000) in the case of a statewide elected state officer other than the Governor.
393393
394394 (C) Two hundred thousand dollars ($200,000) in the case of the Governor.
395395
396396 (3) Any contribution received pursuant to this subdivision shall be deemed to be a contribution to that candidate for election to any state office that he or she may seek during the term of office to which he or she is currently elected, including, but not limited to, reelection to the office he or she currently holds, and shall be subject to any applicable contribution limit provided in this title. If a contribution received pursuant to this subdivision exceeds the allowable contribution limit for the office sought, the candidate shall return the amount exceeding the limit to the contributor on a basis to be determined by the Commission. None of the expenditures made by elected state officers pursuant to this subdivision shall be subject to the voluntary expenditure limitations in Section 85400.
397397
398398 (4) The commission shall adjust the calendar year contribution limitations and aggregate contribution limitations set forth in this subdivision in January of every odd-numbered year to reflect any increase or decrease in the Consumer Price Index. Those adjustments shall be rounded to the nearest one hundred dollars ($100).
399399
400400 (c) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
401401
402402 SEC. 17. Section 85316 is added to the Government Code, to read:85316. (a) Except as provided in subdivision (b), a contribution for an election may be accepted by a candidate for elective office after the date of the election only to the extent that the contribution does not exceed net debts outstanding from the election, and the contribution does not otherwise exceed the applicable contribution limit for that election.(b) Notwithstanding subdivision (a), an elected state officer may accept contributions after the date of the election for the purpose of paying expenses associated with holding the office provided that the contributions are not expended for any contribution to any state or local committee. Contributions received pursuant to this subdivision shall be deposited into a bank account established solely for the purposes specified in this subdivision.(1) A person shall not make, and an elected state officer shall not receive from a person, a contribution pursuant to this subdivision totaling more than the following amounts per calendar year:(A) Three thousand dollars ($3,000) in the case of an elected state officer of the Assembly or Senate.(B) Five thousand dollars ($5,000) in the case of a statewide elected state officer other than the Governor.(C) Twenty thousand dollars ($20,000) in the case of the Governor.(2) An elected state officer shall not receive contributions pursuant to paragraph (1) that, in the aggregate, total more than the following amounts per calendar year:(A) Fifty thousand dollars ($50,000) in the case of an elected state officer of the Assembly or Senate.(B) One hundred thousand dollars ($100,000) in the case of a statewide elected state officer other than the Governor.(C) Two hundred thousand dollars ($200,000) in the case of the Governor.(3) Any contribution received pursuant to this subdivision shall be deemed to be a contribution to that candidate for election to any state office that he or she may seek during the term of office to which he or she is currently elected, including, but not limited to, reelection to the office he or she currently holds, and shall be subject to any applicable contribution limit provided in this title. If a contribution received pursuant to this subdivision exceeds the allowable contribution limit for the office sought, the candidate shall return the amount exceeding the limit to the contributor on a basis to be determined by the Commission. None of the expenditures made by elected state officers pursuant to this subdivision shall be subject to the voluntary expenditure limitations in Section 85400.(4) The commission shall adjust the calendar year contribution limitations and aggregate contribution limitations set forth in this subdivision in January of every odd-numbered year to reflect any increase or decrease in the Consumer Price Index. Those adjustments shall be rounded to the nearest one hundred dollars ($100).(c) This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(d) This section shall become operative on January 1, 2019.
403403
404404 SEC. 17. Section 85316 is added to the Government Code, to read:
405405
406406 ### SEC. 17.
407407
408408 85316. (a) Except as provided in subdivision (b), a contribution for an election may be accepted by a candidate for elective office after the date of the election only to the extent that the contribution does not exceed net debts outstanding from the election, and the contribution does not otherwise exceed the applicable contribution limit for that election.(b) Notwithstanding subdivision (a), an elected state officer may accept contributions after the date of the election for the purpose of paying expenses associated with holding the office provided that the contributions are not expended for any contribution to any state or local committee. Contributions received pursuant to this subdivision shall be deposited into a bank account established solely for the purposes specified in this subdivision.(1) A person shall not make, and an elected state officer shall not receive from a person, a contribution pursuant to this subdivision totaling more than the following amounts per calendar year:(A) Three thousand dollars ($3,000) in the case of an elected state officer of the Assembly or Senate.(B) Five thousand dollars ($5,000) in the case of a statewide elected state officer other than the Governor.(C) Twenty thousand dollars ($20,000) in the case of the Governor.(2) An elected state officer shall not receive contributions pursuant to paragraph (1) that, in the aggregate, total more than the following amounts per calendar year:(A) Fifty thousand dollars ($50,000) in the case of an elected state officer of the Assembly or Senate.(B) One hundred thousand dollars ($100,000) in the case of a statewide elected state officer other than the Governor.(C) Two hundred thousand dollars ($200,000) in the case of the Governor.(3) Any contribution received pursuant to this subdivision shall be deemed to be a contribution to that candidate for election to any state office that he or she may seek during the term of office to which he or she is currently elected, including, but not limited to, reelection to the office he or she currently holds, and shall be subject to any applicable contribution limit provided in this title. If a contribution received pursuant to this subdivision exceeds the allowable contribution limit for the office sought, the candidate shall return the amount exceeding the limit to the contributor on a basis to be determined by the Commission. None of the expenditures made by elected state officers pursuant to this subdivision shall be subject to the voluntary expenditure limitations in Section 85400.(4) The commission shall adjust the calendar year contribution limitations and aggregate contribution limitations set forth in this subdivision in January of every odd-numbered year to reflect any increase or decrease in the Consumer Price Index. Those adjustments shall be rounded to the nearest one hundred dollars ($100).(c) This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(d) This section shall become operative on January 1, 2019.
409409
410410 85316. (a) Except as provided in subdivision (b), a contribution for an election may be accepted by a candidate for elective office after the date of the election only to the extent that the contribution does not exceed net debts outstanding from the election, and the contribution does not otherwise exceed the applicable contribution limit for that election.(b) Notwithstanding subdivision (a), an elected state officer may accept contributions after the date of the election for the purpose of paying expenses associated with holding the office provided that the contributions are not expended for any contribution to any state or local committee. Contributions received pursuant to this subdivision shall be deposited into a bank account established solely for the purposes specified in this subdivision.(1) A person shall not make, and an elected state officer shall not receive from a person, a contribution pursuant to this subdivision totaling more than the following amounts per calendar year:(A) Three thousand dollars ($3,000) in the case of an elected state officer of the Assembly or Senate.(B) Five thousand dollars ($5,000) in the case of a statewide elected state officer other than the Governor.(C) Twenty thousand dollars ($20,000) in the case of the Governor.(2) An elected state officer shall not receive contributions pursuant to paragraph (1) that, in the aggregate, total more than the following amounts per calendar year:(A) Fifty thousand dollars ($50,000) in the case of an elected state officer of the Assembly or Senate.(B) One hundred thousand dollars ($100,000) in the case of a statewide elected state officer other than the Governor.(C) Two hundred thousand dollars ($200,000) in the case of the Governor.(3) Any contribution received pursuant to this subdivision shall be deemed to be a contribution to that candidate for election to any state office that he or she may seek during the term of office to which he or she is currently elected, including, but not limited to, reelection to the office he or she currently holds, and shall be subject to any applicable contribution limit provided in this title. If a contribution received pursuant to this subdivision exceeds the allowable contribution limit for the office sought, the candidate shall return the amount exceeding the limit to the contributor on a basis to be determined by the Commission. None of the expenditures made by elected state officers pursuant to this subdivision shall be subject to the voluntary expenditure limitations in Section 85400.(4) The commission shall adjust the calendar year contribution limitations and aggregate contribution limitations set forth in this subdivision in January of every odd-numbered year to reflect any increase or decrease in the Consumer Price Index. Those adjustments shall be rounded to the nearest one hundred dollars ($100).(c) This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(d) This section shall become operative on January 1, 2019.
411411
412412 85316. (a) Except as provided in subdivision (b), a contribution for an election may be accepted by a candidate for elective office after the date of the election only to the extent that the contribution does not exceed net debts outstanding from the election, and the contribution does not otherwise exceed the applicable contribution limit for that election.(b) Notwithstanding subdivision (a), an elected state officer may accept contributions after the date of the election for the purpose of paying expenses associated with holding the office provided that the contributions are not expended for any contribution to any state or local committee. Contributions received pursuant to this subdivision shall be deposited into a bank account established solely for the purposes specified in this subdivision.(1) A person shall not make, and an elected state officer shall not receive from a person, a contribution pursuant to this subdivision totaling more than the following amounts per calendar year:(A) Three thousand dollars ($3,000) in the case of an elected state officer of the Assembly or Senate.(B) Five thousand dollars ($5,000) in the case of a statewide elected state officer other than the Governor.(C) Twenty thousand dollars ($20,000) in the case of the Governor.(2) An elected state officer shall not receive contributions pursuant to paragraph (1) that, in the aggregate, total more than the following amounts per calendar year:(A) Fifty thousand dollars ($50,000) in the case of an elected state officer of the Assembly or Senate.(B) One hundred thousand dollars ($100,000) in the case of a statewide elected state officer other than the Governor.(C) Two hundred thousand dollars ($200,000) in the case of the Governor.(3) Any contribution received pursuant to this subdivision shall be deemed to be a contribution to that candidate for election to any state office that he or she may seek during the term of office to which he or she is currently elected, including, but not limited to, reelection to the office he or she currently holds, and shall be subject to any applicable contribution limit provided in this title. If a contribution received pursuant to this subdivision exceeds the allowable contribution limit for the office sought, the candidate shall return the amount exceeding the limit to the contributor on a basis to be determined by the Commission. None of the expenditures made by elected state officers pursuant to this subdivision shall be subject to the voluntary expenditure limitations in Section 85400.(4) The commission shall adjust the calendar year contribution limitations and aggregate contribution limitations set forth in this subdivision in January of every odd-numbered year to reflect any increase or decrease in the Consumer Price Index. Those adjustments shall be rounded to the nearest one hundred dollars ($100).(c) This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(d) This section shall become operative on January 1, 2019.
413413
414414
415415
416416 85316. (a) Except as provided in subdivision (b), a contribution for an election may be accepted by a candidate for elective office after the date of the election only to the extent that the contribution does not exceed net debts outstanding from the election, and the contribution does not otherwise exceed the applicable contribution limit for that election.
417417
418418 (b) Notwithstanding subdivision (a), an elected state officer may accept contributions after the date of the election for the purpose of paying expenses associated with holding the office provided that the contributions are not expended for any contribution to any state or local committee. Contributions received pursuant to this subdivision shall be deposited into a bank account established solely for the purposes specified in this subdivision.
419419
420420 (1) A person shall not make, and an elected state officer shall not receive from a person, a contribution pursuant to this subdivision totaling more than the following amounts per calendar year:
421421
422422 (A) Three thousand dollars ($3,000) in the case of an elected state officer of the Assembly or Senate.
423423
424424 (B) Five thousand dollars ($5,000) in the case of a statewide elected state officer other than the Governor.
425425
426426 (C) Twenty thousand dollars ($20,000) in the case of the Governor.
427427
428428 (2) An elected state officer shall not receive contributions pursuant to paragraph (1) that, in the aggregate, total more than the following amounts per calendar year:
429429
430430 (A) Fifty thousand dollars ($50,000) in the case of an elected state officer of the Assembly or Senate.
431431
432432 (B) One hundred thousand dollars ($100,000) in the case of a statewide elected state officer other than the Governor.
433433
434434 (C) Two hundred thousand dollars ($200,000) in the case of the Governor.
435435
436436 (3) Any contribution received pursuant to this subdivision shall be deemed to be a contribution to that candidate for election to any state office that he or she may seek during the term of office to which he or she is currently elected, including, but not limited to, reelection to the office he or she currently holds, and shall be subject to any applicable contribution limit provided in this title. If a contribution received pursuant to this subdivision exceeds the allowable contribution limit for the office sought, the candidate shall return the amount exceeding the limit to the contributor on a basis to be determined by the Commission. None of the expenditures made by elected state officers pursuant to this subdivision shall be subject to the voluntary expenditure limitations in Section 85400.
437437
438438 (4) The commission shall adjust the calendar year contribution limitations and aggregate contribution limitations set forth in this subdivision in January of every odd-numbered year to reflect any increase or decrease in the Consumer Price Index. Those adjustments shall be rounded to the nearest one hundred dollars ($100).
439439
440440 (c) This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.
441441
442442 (d) This section shall become operative on January 1, 2019.
443443
444444 SEC. 18. Section 85317 of the Government Code is amended to read:85317. (a) Notwithstanding subdivision (a) of Section 85306, a candidate for elective state office may carry over contributions raised in connection with one election for elective state office to pay campaign expenditures incurred in connection with a subsequent election for the same elective state office.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
445445
446446 SEC. 18. Section 85317 of the Government Code is amended to read:
447447
448448 ### SEC. 18.
449449
450450 85317. (a) Notwithstanding subdivision (a) of Section 85306, a candidate for elective state office may carry over contributions raised in connection with one election for elective state office to pay campaign expenditures incurred in connection with a subsequent election for the same elective state office.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
451451
452452 85317. (a) Notwithstanding subdivision (a) of Section 85306, a candidate for elective state office may carry over contributions raised in connection with one election for elective state office to pay campaign expenditures incurred in connection with a subsequent election for the same elective state office.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
453453
454454 85317. (a) Notwithstanding subdivision (a) of Section 85306, a candidate for elective state office may carry over contributions raised in connection with one election for elective state office to pay campaign expenditures incurred in connection with a subsequent election for the same elective state office.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
455455
456456
457457
458458 85317. (a) Notwithstanding subdivision (a) of Section 85306, a candidate for elective state office may carry over contributions raised in connection with one election for elective state office to pay campaign expenditures incurred in connection with a subsequent election for the same elective state office.
459459
460460 (b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
461461
462462 SEC. 19. Section 85317 is added to the Government Code, to read:85317. (a) Notwithstanding subdivision (a) of Section 85306, a candidate for elective office may carry over contributions raised in connection with one election for elective office to pay campaign expenditures incurred in connection with a subsequent election for the same elective office. This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(b) This section shall become operative on January 1, 2019.
463463
464464 SEC. 19. Section 85317 is added to the Government Code, to read:
465465
466466 ### SEC. 19.
467467
468468 85317. (a) Notwithstanding subdivision (a) of Section 85306, a candidate for elective office may carry over contributions raised in connection with one election for elective office to pay campaign expenditures incurred in connection with a subsequent election for the same elective office. This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(b) This section shall become operative on January 1, 2019.
469469
470470 85317. (a) Notwithstanding subdivision (a) of Section 85306, a candidate for elective office may carry over contributions raised in connection with one election for elective office to pay campaign expenditures incurred in connection with a subsequent election for the same elective office. This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(b) This section shall become operative on January 1, 2019.
471471
472472 85317. (a) Notwithstanding subdivision (a) of Section 85306, a candidate for elective office may carry over contributions raised in connection with one election for elective office to pay campaign expenditures incurred in connection with a subsequent election for the same elective office. This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(b) This section shall become operative on January 1, 2019.
473473
474474
475475
476476 85317. (a) Notwithstanding subdivision (a) of Section 85306, a candidate for elective office may carry over contributions raised in connection with one election for elective office to pay campaign expenditures incurred in connection with a subsequent election for the same elective office. This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.
477477
478478 (b) This section shall become operative on January 1, 2019.
479479
480480 SEC. 20. Section 85318 of the Government Code is amended to read:85318. (a) A candidate for elective state office may raise contributions for a general election prior to the primary election, and for a special general election prior to a special primary election, for the same elective state office if the candidate sets aside these contributions and uses these contributions for the general election or special general election. If the candidate for elective state office is defeated in the primary election or special primary election, or otherwise withdraws from the general election or special general election, the general election or special general election funds shall be refunded to the contributors on a pro rata basis less any expenses associated with the raising and administration of general election or special general election contributions. Notwithstanding Section 85201, candidates for elective state office may establish separate campaign contribution accounts for the primary and general elections or special primary and special general elections.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
481481
482482 SEC. 20. Section 85318 of the Government Code is amended to read:
483483
484484 ### SEC. 20.
485485
486486 85318. (a) A candidate for elective state office may raise contributions for a general election prior to the primary election, and for a special general election prior to a special primary election, for the same elective state office if the candidate sets aside these contributions and uses these contributions for the general election or special general election. If the candidate for elective state office is defeated in the primary election or special primary election, or otherwise withdraws from the general election or special general election, the general election or special general election funds shall be refunded to the contributors on a pro rata basis less any expenses associated with the raising and administration of general election or special general election contributions. Notwithstanding Section 85201, candidates for elective state office may establish separate campaign contribution accounts for the primary and general elections or special primary and special general elections.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
487487
488488 85318. (a) A candidate for elective state office may raise contributions for a general election prior to the primary election, and for a special general election prior to a special primary election, for the same elective state office if the candidate sets aside these contributions and uses these contributions for the general election or special general election. If the candidate for elective state office is defeated in the primary election or special primary election, or otherwise withdraws from the general election or special general election, the general election or special general election funds shall be refunded to the contributors on a pro rata basis less any expenses associated with the raising and administration of general election or special general election contributions. Notwithstanding Section 85201, candidates for elective state office may establish separate campaign contribution accounts for the primary and general elections or special primary and special general elections.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
489489
490490 85318. (a) A candidate for elective state office may raise contributions for a general election prior to the primary election, and for a special general election prior to a special primary election, for the same elective state office if the candidate sets aside these contributions and uses these contributions for the general election or special general election. If the candidate for elective state office is defeated in the primary election or special primary election, or otherwise withdraws from the general election or special general election, the general election or special general election funds shall be refunded to the contributors on a pro rata basis less any expenses associated with the raising and administration of general election or special general election contributions. Notwithstanding Section 85201, candidates for elective state office may establish separate campaign contribution accounts for the primary and general elections or special primary and special general elections.(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
491491
492492
493493
494494 85318. (a) A candidate for elective state office may raise contributions for a general election prior to the primary election, and for a special general election prior to a special primary election, for the same elective state office if the candidate sets aside these contributions and uses these contributions for the general election or special general election. If the candidate for elective state office is defeated in the primary election or special primary election, or otherwise withdraws from the general election or special general election, the general election or special general election funds shall be refunded to the contributors on a pro rata basis less any expenses associated with the raising and administration of general election or special general election contributions. Notwithstanding Section 85201, candidates for elective state office may establish separate campaign contribution accounts for the primary and general elections or special primary and special general elections.
495495
496496 (b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
497497
498498 SEC. 21. Section 85318 is added to the Government Code, to read:85318. (a) A candidate for elective office may raise contributions for a general election prior to the primary election, and for a special general election prior to a special primary election, for the same elective office if the candidate sets aside these contributions and uses these contributions for the general election or special general election. If the candidate for elective office is defeated in the primary election or special primary election, or otherwise withdraws from the general election or special general election, the general election or special general election funds shall be refunded to the contributors on a pro rata basis less any expenses associated with the raising and administration of general election or special general election contributions. Notwithstanding Section 85201, candidates for elective office may establish separate campaign contribution accounts for the primary and general elections or special primary and special general elections.(b) This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(c) This section shall become operative on January 1, 2019.
499499
500500 SEC. 21. Section 85318 is added to the Government Code, to read:
501501
502502 ### SEC. 21.
503503
504504 85318. (a) A candidate for elective office may raise contributions for a general election prior to the primary election, and for a special general election prior to a special primary election, for the same elective office if the candidate sets aside these contributions and uses these contributions for the general election or special general election. If the candidate for elective office is defeated in the primary election or special primary election, or otherwise withdraws from the general election or special general election, the general election or special general election funds shall be refunded to the contributors on a pro rata basis less any expenses associated with the raising and administration of general election or special general election contributions. Notwithstanding Section 85201, candidates for elective office may establish separate campaign contribution accounts for the primary and general elections or special primary and special general elections.(b) This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(c) This section shall become operative on January 1, 2019.
505505
506506 85318. (a) A candidate for elective office may raise contributions for a general election prior to the primary election, and for a special general election prior to a special primary election, for the same elective office if the candidate sets aside these contributions and uses these contributions for the general election or special general election. If the candidate for elective office is defeated in the primary election or special primary election, or otherwise withdraws from the general election or special general election, the general election or special general election funds shall be refunded to the contributors on a pro rata basis less any expenses associated with the raising and administration of general election or special general election contributions. Notwithstanding Section 85201, candidates for elective office may establish separate campaign contribution accounts for the primary and general elections or special primary and special general elections.(b) This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(c) This section shall become operative on January 1, 2019.
507507
508508 85318. (a) A candidate for elective office may raise contributions for a general election prior to the primary election, and for a special general election prior to a special primary election, for the same elective office if the candidate sets aside these contributions and uses these contributions for the general election or special general election. If the candidate for elective office is defeated in the primary election or special primary election, or otherwise withdraws from the general election or special general election, the general election or special general election funds shall be refunded to the contributors on a pro rata basis less any expenses associated with the raising and administration of general election or special general election contributions. Notwithstanding Section 85201, candidates for elective office may establish separate campaign contribution accounts for the primary and general elections or special primary and special general elections.(b) This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.(c) This section shall become operative on January 1, 2019.
509509
510510
511511
512512 85318. (a) A candidate for elective office may raise contributions for a general election prior to the primary election, and for a special general election prior to a special primary election, for the same elective office if the candidate sets aside these contributions and uses these contributions for the general election or special general election. If the candidate for elective office is defeated in the primary election or special primary election, or otherwise withdraws from the general election or special general election, the general election or special general election funds shall be refunded to the contributors on a pro rata basis less any expenses associated with the raising and administration of general election or special general election contributions. Notwithstanding Section 85201, candidates for elective office may establish separate campaign contribution accounts for the primary and general elections or special primary and special general elections.
513513
514514 (b) This section does not apply in a jurisdiction in which the local government imposes a limit on contributions pursuant to Section 85702.5.
515515
516516 (c) This section shall become operative on January 1, 2019.
517517
518518 SEC. 22. Section 85702.5 is added to the Government Code, to read:85702.5. (a) A local government agency may, by ordinance or resolution, impose a limit on contributions to a candidate for local elective office that is different from the limit set forth in subdivision (d) of Section 85301. The limitation may also be imposed by means of a local initiative measure.(b) A local government agency that establishes a contribution limit pursuant to subdivision (a) may adopt enforcement standards for a violation of that limit, which may include administrative, civil, or criminal penalties.(c) The commission is not responsible for the administration or enforcement of a contribution limit adopted pursuant to subdivision (a).(d) This section shall become operative on January 1, 2019. A local government agencys limit on contributions to a candidate for local elective office that is in effect on the operative date of this section shall be deemed to be a limit imposed pursuant to subdivision (a).
519519
520520 SEC. 22. Section 85702.5 is added to the Government Code, to read:
521521
522522 ### SEC. 22.
523523
524524 85702.5. (a) A local government agency may, by ordinance or resolution, impose a limit on contributions to a candidate for local elective office that is different from the limit set forth in subdivision (d) of Section 85301. The limitation may also be imposed by means of a local initiative measure.(b) A local government agency that establishes a contribution limit pursuant to subdivision (a) may adopt enforcement standards for a violation of that limit, which may include administrative, civil, or criminal penalties.(c) The commission is not responsible for the administration or enforcement of a contribution limit adopted pursuant to subdivision (a).(d) This section shall become operative on January 1, 2019. A local government agencys limit on contributions to a candidate for local elective office that is in effect on the operative date of this section shall be deemed to be a limit imposed pursuant to subdivision (a).
525525
526526 85702.5. (a) A local government agency may, by ordinance or resolution, impose a limit on contributions to a candidate for local elective office that is different from the limit set forth in subdivision (d) of Section 85301. The limitation may also be imposed by means of a local initiative measure.(b) A local government agency that establishes a contribution limit pursuant to subdivision (a) may adopt enforcement standards for a violation of that limit, which may include administrative, civil, or criminal penalties.(c) The commission is not responsible for the administration or enforcement of a contribution limit adopted pursuant to subdivision (a).(d) This section shall become operative on January 1, 2019. A local government agencys limit on contributions to a candidate for local elective office that is in effect on the operative date of this section shall be deemed to be a limit imposed pursuant to subdivision (a).
527527
528528 85702.5. (a) A local government agency may, by ordinance or resolution, impose a limit on contributions to a candidate for local elective office that is different from the limit set forth in subdivision (d) of Section 85301. The limitation may also be imposed by means of a local initiative measure.(b) A local government agency that establishes a contribution limit pursuant to subdivision (a) may adopt enforcement standards for a violation of that limit, which may include administrative, civil, or criminal penalties.(c) The commission is not responsible for the administration or enforcement of a contribution limit adopted pursuant to subdivision (a).(d) This section shall become operative on January 1, 2019. A local government agencys limit on contributions to a candidate for local elective office that is in effect on the operative date of this section shall be deemed to be a limit imposed pursuant to subdivision (a).
529529
530530
531531
532532 85702.5. (a) A local government agency may, by ordinance or resolution, impose a limit on contributions to a candidate for local elective office that is different from the limit set forth in subdivision (d) of Section 85301. The limitation may also be imposed by means of a local initiative measure.
533533
534534 (b) A local government agency that establishes a contribution limit pursuant to subdivision (a) may adopt enforcement standards for a violation of that limit, which may include administrative, civil, or criminal penalties.
535535
536536 (c) The commission is not responsible for the administration or enforcement of a contribution limit adopted pursuant to subdivision (a).
537537
538538 (d) This section shall become operative on January 1, 2019. A local government agencys limit on contributions to a candidate for local elective office that is in effect on the operative date of this section shall be deemed to be a limit imposed pursuant to subdivision (a).
539539
540540 SEC. 23. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
541541
542542 SEC. 23. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
543543
544544 SEC. 23. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
545545
546546 ### SEC. 23.
547547
548548 SEC. 24. 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.
549549
550550 SEC. 24. 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.
551551
552552 SEC. 24. 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.
553553
554554 ### SEC. 24.