Amended IN Senate June 02, 2022 Amended IN Assembly April 07, 2022 Amended IN Assembly March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2172Introduced by Assembly Member CervantesFebruary 15, 2022An act to amend Sections 81004, 84215, 84605, 84606, and 86100 Section 81004 of the Government Code, relating to the Political Reform Act of 1974.LEGISLATIVE COUNSEL'S DIGESTAB 2172, as amended, Cervantes. Political Reform Act of 1974: online and electronic filings. The Political Reform Act of 1974 generally requires statewide elected officials, elected members of specified entities, candidates for elective office, certain committees, and slate mailer organizations to file periodic campaign statements and certain reports concerning campaign finances and related matters. The act also requires lobbying firms, lobbying coalitions, and individual lobbyists to file a registration statement with the Secretary of State, as specified. Existing law, until the Secretary of State develops and certifies an online filing and disclosure system, requires the filing of these documents both online or electronically and in a paper format.This bill would immediately eliminate the requirement for the filing of these documents in paper format with the Secretary of State if the documents are required to be filed online or electronically. The bill would provide that a report or statement filed online or electronically is the original for audit and other legal purposes, as specified. The bill would require a person who files online or electronically to keep a copy of the report for recordkeeping purposes.This bill would authorize a person required to file a report or statement with the Secretary of State in a paper format to file the report or statement by email or other digital means prescribed by the Secretary of State instead, subject to specified requirements. The bill would provide that a report or statement filed by email in accordance with these provisions is the original for audit and other legal purposes.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: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 81004 of the Government Code, as amended by Section 128 of Chapter 50 of the Statutes of 2021, is amended to read:81004. (a) All reports and statements filed under this title shall be signed under penalty of perjury and verified by the filer. The verification shall state that the filer has used all reasonable diligence in its preparation, and that to the best of the filers knowledge it is true and complete.(b) A report or statement filed by a committee which qualifies under subdivision (a) of Section 82013 shall be signed and verified by the treasurer, and a report or statement filed by any other person shall be signed and verified by the filer. If the filer is an entity other than an individual, the report or statement shall be signed and verified by a responsible officer of the entity or by an attorney or a certified public accountant acting as agent for the entity. Every person who signs and verifies any report or statement required to be filed under this title which contains material matter which that person knows to be false is guilty of perjury.(c) (1) Notwithstanding any other provision of this title, a person required to file a report or statement by paper with the Secretary of State may instead file the paper report or statement by email with the Secretary of State, or by other digital means as prescribed by the Secretary of State.(2) A report or statement filed by email pursuant to paragraph (1) shall be signed using a digital signature that conforms with the requirements of Section 16.5.(3) A report or statement filed with the Secretary of State by email that meets the requirements in this subdivision is the original report or statement for audit and other legal purposes.SECTION 1.Section 81004 of the Government Code, as amended by Section 129 of Chapter 50 of the Statutes of 2021, is amended to read:81004.(a)All reports and statements filed under this title shall be signed under penalty of perjury and verified by the filer in compliance with this section and Section 84213, as applicable. The verification shall state that the filer has used all reasonable diligence in its preparation, and that to the best of the filers knowledge it is true and complete.(b)A report or statement filed by a committee which qualifies under subdivision (a) of Section 82013 shall be signed and verified by the treasurer, and a report or statement filed by any other person shall be signed and verified by the filer. If the filer is an entity other than an individual, the report or statement shall be signed and verified by a responsible officer of the entity or by an attorney or a certified public accountant acting as agent for the entity. Every person who signs and verifies any report or statement required to be filed under this title which contains material matter which that person knows to be false is guilty of perjury.(c)A report or statement filed online or electronically shall include a secure electronic signature that is submitted under penalty of perjury and that conforms to subdivision (a) of this section and subdivision (b) of Section 1633.11 of the Civil Code. A report or statement filed online or electronically that meets the requirements in this subdivision is the original report or statement for audit and other legal purposes.(d)A filing made on behalf of a filer by a vendor or service provider authorized by the filer to make such filings is presumed filed under penalty of perjury by the filer.SEC. 2.Section 84215 of the Government Code, as amended by Section 8 of Chapter 633 of the Statutes of 2010, is amended to read:84215.All candidates and elected officers and their controlled committees, except as provided in subdivisions (d) and (e), shall file one copy of the campaign statements required by Section 84200 with the elections official of the county in which the candidate or elected official is domiciled, as defined in subdivision (b) of Section 349 of the Elections Code. In addition, campaign statements shall be filed at the following places:(a)Statewide elected officers, including members of the State Board of Equalization; Members of the Legislature; Supreme Court justices, court of appeal justices, and superior court judges; candidates for those offices and their controlled committees; committees formed or existing primarily to support or oppose these candidates, elected officers, justices and judges, or statewide measures, or the qualification of state ballot measures; and all state general purpose committees and filers not specified in subdivisions (b) to (e), inclusive, shall file a campaign statement with the Secretary of State by online or electronic means, as specified in Section 84605. An officer, candidate, or committee described in this subdivision that is not required to file campaign statements by online or electronic means pursuant to Section 84605, and that does not file a statement by online or electronic means, shall file the original statement in paper format with the Secretary of State.(b)Elected officers in jurisdictions other than legislative districts, State Board of Equalization districts, or appellate court districts that contain parts of two or more counties, candidates for these offices, their controlled committees, and committees formed or existing primarily to support or oppose candidates or local measures to be voted upon in one of these jurisdictions shall file the original and one copy with the elections official of the county with the largest number of registered voters in the jurisdiction.(c)County elected officers, candidates for these offices, their controlled committees, committees formed or existing primarily to support or oppose candidates or local measures to be voted upon in any number of jurisdictions within one county, other than those specified in subdivision (d), and county general purpose committees shall file the original and one copy with the elections official of the county.(d)City elected officers, candidates for city office, their controlled committees, committees formed or existing primarily to support or oppose candidates or local measures to be voted upon in one city, and city general purpose committees shall file the original and one copy with the clerk of the city and are not required to file with the local elections official of the county in which they are domiciled.(e)Elected members of the Board of Administration of the Public Employees Retirement System, elected members of the Teachers Retirement Board, candidates for these offices, their controlled committees, and committees formed or existing primarily to support or oppose these candidates or elected members shall file the original with the Secretary of State, and a copy shall be filed at the relevant boards office in Sacramento. These elected officers, candidates, and committees need not file with the elections official of the county in which they are domiciled.(f)Notwithstanding any other provision of this section, a committee, candidate, or elected officer is not required to file more than the original and one copy, or one copy, of a campaign statement with any one county elections official or city clerk or with the Secretary of State.(g)If a committee is required to file campaign statements required by Section 84200 or 84200.5 in places designated in subdivisions (a) to (d), inclusive, it shall continue to file these statements in those places, in addition to any other places required by this title, until the end of the calendar year.SEC. 3.Section 84605 of the Government Code, as amended by Section 6 of Chapter 18 of the Statutes of 2010, is amended to read:84605.(a)The following persons shall file online or electronically with the Secretary of State:(1)Any candidate, including superior court, appellate court, and Supreme Court candidates and officeholders, committee, or other persons who are required, pursuant to Chapter 4 (commencing with Section 84100), to file statements, reports, or other documents in connection with a state elective office or state measure, provided that the total cumulative reportable amount of contributions received, expenditures made, loans made, or loans received is twenty-five thousand dollars ($25,000) or more. In determining the cumulative reportable amount, all controlled committees, as defined by Section 82016, shall be included. For a committee subject to this title prior to January 1, 2000, the beginning date for calculating cumulative totals is January 1, 2000. For a committee that is first subject to this title on or after January 1, 2000, the beginning date for calculating cumulative totals is the date the committee is first subject to this title. A committee, as defined in subdivision (c) of Section 82013, shall file online or electronically if it makes contributions of twenty-five thousand dollars ($25,000) or more in a calendar year.(2)Any general purpose committees, as defined in Section 82027.5, including the general purpose committees of political parties, and small contributor committees, as defined in Section 85203, that cumulatively receive contributions or make expenditures totaling twenty-five thousand dollars ($25,000) or more to support or oppose candidates for any elective state office or state measure. For a committee subject to this title prior to January 1, 2000, the beginning date for calculating cumulative totals is January 1, 2000. For a committee that first is subject to this title on or after January 1, 2000, the beginning date for calculating cumulative totals is the date the committee is first subject to this title.(3)Any slate mailer organization with cumulative reportable payments received or made for the purposes of producing slate mailers of twenty-five thousand dollars ($25,000) or more. For a slate mailer organization subject to this title prior to January 1, 2000, the beginning date for calculating cumulative totals is January 1, 2000. For a slate mailer organization that first is subject to this title on or after January 1, 2000, the beginning date for calculating cumulative totals is the date the organization is first subject to this title.(4)Any lobbyist, lobbying firm, lobbyist employer, or other persons required, pursuant to Chapter 6 (commencing with Section 86100), to file statements, reports, or other documents, provided that the total amount of any category of reportable payments, expenses, contributions, gifts, or other items is two thousand five hundred dollars ($2,500) or more in a calendar quarter.(b)The Secretary of State shall also disclose on the internet any late contribution or late independent expenditure report, as defined by Sections 84203 and 84204, respectively, not covered by paragraph (1), (2), or (3) of subdivision (a) or any other provision of law.(c)Committees and other persons that are not required to file online or electronically by this section may do so voluntarily.(d)Once a person or entity is required to file online or electronically, subject to subdivision (a) or (c), the person or entity shall be required to file all subsequent reports online or electronically.(e)It shall be presumed that online or electronic filers file under penalty of perjury.(f)The Secretary of State shall maintain at all times a secured, official version of all original online and electronically filed statements and reports required by this chapter, which shall be the official version for audit and other legal purposes. Persons filing online or electronically shall maintain a copy of the report for recordkeeping purposes.(g)Except for statements related to a local elective office or a local ballot measure filed by a candidate for local elective office who is also a candidate for elective state office, a copy of a statement, report, or other document filed by online or electronic means with the Secretary of State shall not be filed with a local filing officer.SEC. 4.Section 84605 of the Government Code, as amended by Section 25 of Chapter 662 of the Statutes of 2018, is amended to read:84605.(a)The following persons shall file online or electronically with the Secretary of State:(1)Any candidate, including superior court, appellate court, and Supreme Court candidates and officeholders, committee, or other persons who are required, pursuant to Chapter 4 (commencing with Section 84100) and Chapter 5 (commencing with Section 85100), to file statements, reports, or other documents in connection with a state elective office or state measure.(2)Any state general purpose committees, as defined in Section 82027.5, including the general purpose committees of political parties, as defined in Section 85205, and small contributor committees, as defined in Section 85203.(3)Any slate mailer organization that produces one or more slate mailers supporting or opposing candidates or measures voted on in a state election or in more than one county.(4)Any lobbyist, lobbying firm, lobbyist employer, or other persons required, pursuant to Chapter 6 (commencing with Section 86100), to file statements, reports, or other documents.(b)The Secretary of State shall also disclose on the internet any late contribution or late independent expenditure report, as defined by Sections 84203 and 84204, respectively, not covered by paragraph (1), (2), or (3) of subdivision (a) or any other provision of law.(c)It shall be presumed that online or electronic filers file under penalty of perjury.(d)The Secretary of State shall maintain at all times a secured, official version of all original online and electronically filed statements and reports required by this chapter, which shall be the official version for audit and other legal purposes. Persons filing online or electronically shall maintain a copy of the report for recordkeeping purposes.(e)Except for statements related to a local elective office or a local ballot measure filed by a candidate for local elective office who is also a candidate for elective state office, a copy of a statement, report, or other document filed by online or electronic means with the Secretary of State shall not be filed with a local filing officer.SEC. 5.Section 84606 of the Government Code, as amended by Section 6 of Chapter 433 of the Statutes of 1999, is amended to read:84606.The Secretary of State shall determine and publicly disclose when the online and electronic disclosure systems are operating effectively. In making this determination, the Secretary of State shall consult with the commission, the Department of Information Technology, and any other appropriate public or private entity. The online or electronic disclosure system shall not become operative until the Department of Information Technology approves the system. The date that a filer transmits an online or electronic report shall be the date the filed report is received by the Secretary of State.SEC. 6.Section 86100 of the Government Code is amended to read:86100.(a)The following persons shall register with the Secretary of State:(1)Lobbying firms.(2)Lobbyist employers under subdivision (a) of Section 82039.5 who employ one or more in-house lobbyists.(3)Lobbying coalitions who employ at least one in-house lobbyist.(b)Each individual lobbyist shall submit a lobbyist certification under Section 86103 for filing with the Secretary of State as part of the registration of the lobbying firm in which the lobbyist is a partner, owner, officer, or employee, or as part of the registration of the lobbyist employer that employs the lobbyist.(c)Lobbyist employers under subdivision (b) of Section 82039.5 who contract only for a lobbying firms services, lobbying coalitions who contract for a lobbying firms services and do not employ an in-house lobbyist, and persons described in subdivision (b) of Section 86115, are not required to register with the Secretary of State, but shall maintain records and file quarterly reports under this chapter.(d)A registration statement shall be filed by online or electronic means.SEC. 7.Section 4 of this act shall not become operative until the date that the Secretary of State certifies an online filing and disclosure system pursuant to paragraph (7) of subdivision (b) of Section 84602 of the Government Code.SEC. 8.Notwithstanding Section 44 of Chapter 662 of the Statutes of 2018, changes made to Sections 81004, 86107, and 86118 of the Government Code that are conditionally operative pursuant to Section 44 of Chapter 662 of the Statutes of 2018 shall instead become operative on the effective date of this act.SEC. 9.SEC. 2. 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.
Amended IN Senate June 02, 2022 Amended IN Assembly April 07, 2022 Amended IN Assembly March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2172Introduced by Assembly Member CervantesFebruary 15, 2022An act to amend Sections 81004, 84215, 84605, 84606, and 86100 Section 81004 of the Government Code, relating to the Political Reform Act of 1974.LEGISLATIVE COUNSEL'S DIGESTAB 2172, as amended, Cervantes. Political Reform Act of 1974: online and electronic filings. The Political Reform Act of 1974 generally requires statewide elected officials, elected members of specified entities, candidates for elective office, certain committees, and slate mailer organizations to file periodic campaign statements and certain reports concerning campaign finances and related matters. The act also requires lobbying firms, lobbying coalitions, and individual lobbyists to file a registration statement with the Secretary of State, as specified. Existing law, until the Secretary of State develops and certifies an online filing and disclosure system, requires the filing of these documents both online or electronically and in a paper format.This bill would immediately eliminate the requirement for the filing of these documents in paper format with the Secretary of State if the documents are required to be filed online or electronically. The bill would provide that a report or statement filed online or electronically is the original for audit and other legal purposes, as specified. The bill would require a person who files online or electronically to keep a copy of the report for recordkeeping purposes.This bill would authorize a person required to file a report or statement with the Secretary of State in a paper format to file the report or statement by email or other digital means prescribed by the Secretary of State instead, subject to specified requirements. The bill would provide that a report or statement filed by email in accordance with these provisions is the original for audit and other legal purposes.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: NO
Amended IN Senate June 02, 2022 Amended IN Assembly April 07, 2022 Amended IN Assembly March 24, 2022
Amended IN Senate June 02, 2022
Amended IN Assembly April 07, 2022
Amended IN Assembly March 24, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 2172
Introduced by Assembly Member CervantesFebruary 15, 2022
Introduced by Assembly Member Cervantes
February 15, 2022
An act to amend Sections 81004, 84215, 84605, 84606, and 86100 Section 81004 of the Government Code, relating to the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2172, as amended, Cervantes. Political Reform Act of 1974: online and electronic filings.
The Political Reform Act of 1974 generally requires statewide elected officials, elected members of specified entities, candidates for elective office, certain committees, and slate mailer organizations to file periodic campaign statements and certain reports concerning campaign finances and related matters. The act also requires lobbying firms, lobbying coalitions, and individual lobbyists to file a registration statement with the Secretary of State, as specified. Existing law, until the Secretary of State develops and certifies an online filing and disclosure system, requires the filing of these documents both online or electronically and in a paper format.This bill would immediately eliminate the requirement for the filing of these documents in paper format with the Secretary of State if the documents are required to be filed online or electronically. The bill would provide that a report or statement filed online or electronically is the original for audit and other legal purposes, as specified. The bill would require a person who files online or electronically to keep a copy of the report for recordkeeping purposes.This bill would authorize a person required to file a report or statement with the Secretary of State in a paper format to file the report or statement by email or other digital means prescribed by the Secretary of State instead, subject to specified requirements. The bill would provide that a report or statement filed by email in accordance with these provisions is the original for audit and other legal purposes.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.
The Political Reform Act of 1974 generally requires statewide elected officials, elected members of specified entities, candidates for elective office, certain committees, and slate mailer organizations to file periodic campaign statements and certain reports concerning campaign finances and related matters. The act also requires lobbying firms, lobbying coalitions, and individual lobbyists to file a registration statement with the Secretary of State, as specified. Existing law, until the Secretary of State develops and certifies an online filing and disclosure system, requires the filing of these documents both online or electronically and in a paper format.
This bill would immediately eliminate the requirement for the filing of these documents in paper format with the Secretary of State if the documents are required to be filed online or electronically. The bill would provide that a report or statement filed online or electronically is the original for audit and other legal purposes, as specified. The bill would require a person who files online or electronically to keep a copy of the report for recordkeeping purposes.
This bill would authorize a person required to file a report or statement with the Secretary of State in a paper format to file the report or statement by email or other digital means prescribed by the Secretary of State instead, subject to specified requirements. The bill would provide that a report or statement filed by email in accordance with these provisions is the original for audit and other legal purposes.
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
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 81004 of the Government Code, as amended by Section 128 of Chapter 50 of the Statutes of 2021, is amended to read:81004. (a) All reports and statements filed under this title shall be signed under penalty of perjury and verified by the filer. The verification shall state that the filer has used all reasonable diligence in its preparation, and that to the best of the filers knowledge it is true and complete.(b) A report or statement filed by a committee which qualifies under subdivision (a) of Section 82013 shall be signed and verified by the treasurer, and a report or statement filed by any other person shall be signed and verified by the filer. If the filer is an entity other than an individual, the report or statement shall be signed and verified by a responsible officer of the entity or by an attorney or a certified public accountant acting as agent for the entity. Every person who signs and verifies any report or statement required to be filed under this title which contains material matter which that person knows to be false is guilty of perjury.(c) (1) Notwithstanding any other provision of this title, a person required to file a report or statement by paper with the Secretary of State may instead file the paper report or statement by email with the Secretary of State, or by other digital means as prescribed by the Secretary of State.(2) A report or statement filed by email pursuant to paragraph (1) shall be signed using a digital signature that conforms with the requirements of Section 16.5.(3) A report or statement filed with the Secretary of State by email that meets the requirements in this subdivision is the original report or statement for audit and other legal purposes.SECTION 1.Section 81004 of the Government Code, as amended by Section 129 of Chapter 50 of the Statutes of 2021, is amended to read:81004.(a)All reports and statements filed under this title shall be signed under penalty of perjury and verified by the filer in compliance with this section and Section 84213, as applicable. The verification shall state that the filer has used all reasonable diligence in its preparation, and that to the best of the filers knowledge it is true and complete.(b)A report or statement filed by a committee which qualifies under subdivision (a) of Section 82013 shall be signed and verified by the treasurer, and a report or statement filed by any other person shall be signed and verified by the filer. If the filer is an entity other than an individual, the report or statement shall be signed and verified by a responsible officer of the entity or by an attorney or a certified public accountant acting as agent for the entity. Every person who signs and verifies any report or statement required to be filed under this title which contains material matter which that person knows to be false is guilty of perjury.(c)A report or statement filed online or electronically shall include a secure electronic signature that is submitted under penalty of perjury and that conforms to subdivision (a) of this section and subdivision (b) of Section 1633.11 of the Civil Code. A report or statement filed online or electronically that meets the requirements in this subdivision is the original report or statement for audit and other legal purposes.(d)A filing made on behalf of a filer by a vendor or service provider authorized by the filer to make such filings is presumed filed under penalty of perjury by the filer.SEC. 2.Section 84215 of the Government Code, as amended by Section 8 of Chapter 633 of the Statutes of 2010, is amended to read:84215.All candidates and elected officers and their controlled committees, except as provided in subdivisions (d) and (e), shall file one copy of the campaign statements required by Section 84200 with the elections official of the county in which the candidate or elected official is domiciled, as defined in subdivision (b) of Section 349 of the Elections Code. In addition, campaign statements shall be filed at the following places:(a)Statewide elected officers, including members of the State Board of Equalization; Members of the Legislature; Supreme Court justices, court of appeal justices, and superior court judges; candidates for those offices and their controlled committees; committees formed or existing primarily to support or oppose these candidates, elected officers, justices and judges, or statewide measures, or the qualification of state ballot measures; and all state general purpose committees and filers not specified in subdivisions (b) to (e), inclusive, shall file a campaign statement with the Secretary of State by online or electronic means, as specified in Section 84605. An officer, candidate, or committee described in this subdivision that is not required to file campaign statements by online or electronic means pursuant to Section 84605, and that does not file a statement by online or electronic means, shall file the original statement in paper format with the Secretary of State.(b)Elected officers in jurisdictions other than legislative districts, State Board of Equalization districts, or appellate court districts that contain parts of two or more counties, candidates for these offices, their controlled committees, and committees formed or existing primarily to support or oppose candidates or local measures to be voted upon in one of these jurisdictions shall file the original and one copy with the elections official of the county with the largest number of registered voters in the jurisdiction.(c)County elected officers, candidates for these offices, their controlled committees, committees formed or existing primarily to support or oppose candidates or local measures to be voted upon in any number of jurisdictions within one county, other than those specified in subdivision (d), and county general purpose committees shall file the original and one copy with the elections official of the county.(d)City elected officers, candidates for city office, their controlled committees, committees formed or existing primarily to support or oppose candidates or local measures to be voted upon in one city, and city general purpose committees shall file the original and one copy with the clerk of the city and are not required to file with the local elections official of the county in which they are domiciled.(e)Elected members of the Board of Administration of the Public Employees Retirement System, elected members of the Teachers Retirement Board, candidates for these offices, their controlled committees, and committees formed or existing primarily to support or oppose these candidates or elected members shall file the original with the Secretary of State, and a copy shall be filed at the relevant boards office in Sacramento. These elected officers, candidates, and committees need not file with the elections official of the county in which they are domiciled.(f)Notwithstanding any other provision of this section, a committee, candidate, or elected officer is not required to file more than the original and one copy, or one copy, of a campaign statement with any one county elections official or city clerk or with the Secretary of State.(g)If a committee is required to file campaign statements required by Section 84200 or 84200.5 in places designated in subdivisions (a) to (d), inclusive, it shall continue to file these statements in those places, in addition to any other places required by this title, until the end of the calendar year.SEC. 3.Section 84605 of the Government Code, as amended by Section 6 of Chapter 18 of the Statutes of 2010, is amended to read:84605.(a)The following persons shall file online or electronically with the Secretary of State:(1)Any candidate, including superior court, appellate court, and Supreme Court candidates and officeholders, committee, or other persons who are required, pursuant to Chapter 4 (commencing with Section 84100), to file statements, reports, or other documents in connection with a state elective office or state measure, provided that the total cumulative reportable amount of contributions received, expenditures made, loans made, or loans received is twenty-five thousand dollars ($25,000) or more. In determining the cumulative reportable amount, all controlled committees, as defined by Section 82016, shall be included. For a committee subject to this title prior to January 1, 2000, the beginning date for calculating cumulative totals is January 1, 2000. For a committee that is first subject to this title on or after January 1, 2000, the beginning date for calculating cumulative totals is the date the committee is first subject to this title. A committee, as defined in subdivision (c) of Section 82013, shall file online or electronically if it makes contributions of twenty-five thousand dollars ($25,000) or more in a calendar year.(2)Any general purpose committees, as defined in Section 82027.5, including the general purpose committees of political parties, and small contributor committees, as defined in Section 85203, that cumulatively receive contributions or make expenditures totaling twenty-five thousand dollars ($25,000) or more to support or oppose candidates for any elective state office or state measure. For a committee subject to this title prior to January 1, 2000, the beginning date for calculating cumulative totals is January 1, 2000. For a committee that first is subject to this title on or after January 1, 2000, the beginning date for calculating cumulative totals is the date the committee is first subject to this title.(3)Any slate mailer organization with cumulative reportable payments received or made for the purposes of producing slate mailers of twenty-five thousand dollars ($25,000) or more. For a slate mailer organization subject to this title prior to January 1, 2000, the beginning date for calculating cumulative totals is January 1, 2000. For a slate mailer organization that first is subject to this title on or after January 1, 2000, the beginning date for calculating cumulative totals is the date the organization is first subject to this title.(4)Any lobbyist, lobbying firm, lobbyist employer, or other persons required, pursuant to Chapter 6 (commencing with Section 86100), to file statements, reports, or other documents, provided that the total amount of any category of reportable payments, expenses, contributions, gifts, or other items is two thousand five hundred dollars ($2,500) or more in a calendar quarter.(b)The Secretary of State shall also disclose on the internet any late contribution or late independent expenditure report, as defined by Sections 84203 and 84204, respectively, not covered by paragraph (1), (2), or (3) of subdivision (a) or any other provision of law.(c)Committees and other persons that are not required to file online or electronically by this section may do so voluntarily.(d)Once a person or entity is required to file online or electronically, subject to subdivision (a) or (c), the person or entity shall be required to file all subsequent reports online or electronically.(e)It shall be presumed that online or electronic filers file under penalty of perjury.(f)The Secretary of State shall maintain at all times a secured, official version of all original online and electronically filed statements and reports required by this chapter, which shall be the official version for audit and other legal purposes. Persons filing online or electronically shall maintain a copy of the report for recordkeeping purposes.(g)Except for statements related to a local elective office or a local ballot measure filed by a candidate for local elective office who is also a candidate for elective state office, a copy of a statement, report, or other document filed by online or electronic means with the Secretary of State shall not be filed with a local filing officer.SEC. 4.Section 84605 of the Government Code, as amended by Section 25 of Chapter 662 of the Statutes of 2018, is amended to read:84605.(a)The following persons shall file online or electronically with the Secretary of State:(1)Any candidate, including superior court, appellate court, and Supreme Court candidates and officeholders, committee, or other persons who are required, pursuant to Chapter 4 (commencing with Section 84100) and Chapter 5 (commencing with Section 85100), to file statements, reports, or other documents in connection with a state elective office or state measure.(2)Any state general purpose committees, as defined in Section 82027.5, including the general purpose committees of political parties, as defined in Section 85205, and small contributor committees, as defined in Section 85203.(3)Any slate mailer organization that produces one or more slate mailers supporting or opposing candidates or measures voted on in a state election or in more than one county.(4)Any lobbyist, lobbying firm, lobbyist employer, or other persons required, pursuant to Chapter 6 (commencing with Section 86100), to file statements, reports, or other documents.(b)The Secretary of State shall also disclose on the internet any late contribution or late independent expenditure report, as defined by Sections 84203 and 84204, respectively, not covered by paragraph (1), (2), or (3) of subdivision (a) or any other provision of law.(c)It shall be presumed that online or electronic filers file under penalty of perjury.(d)The Secretary of State shall maintain at all times a secured, official version of all original online and electronically filed statements and reports required by this chapter, which shall be the official version for audit and other legal purposes. Persons filing online or electronically shall maintain a copy of the report for recordkeeping purposes.(e)Except for statements related to a local elective office or a local ballot measure filed by a candidate for local elective office who is also a candidate for elective state office, a copy of a statement, report, or other document filed by online or electronic means with the Secretary of State shall not be filed with a local filing officer.SEC. 5.Section 84606 of the Government Code, as amended by Section 6 of Chapter 433 of the Statutes of 1999, is amended to read:84606.The Secretary of State shall determine and publicly disclose when the online and electronic disclosure systems are operating effectively. In making this determination, the Secretary of State shall consult with the commission, the Department of Information Technology, and any other appropriate public or private entity. The online or electronic disclosure system shall not become operative until the Department of Information Technology approves the system. The date that a filer transmits an online or electronic report shall be the date the filed report is received by the Secretary of State.SEC. 6.Section 86100 of the Government Code is amended to read:86100.(a)The following persons shall register with the Secretary of State:(1)Lobbying firms.(2)Lobbyist employers under subdivision (a) of Section 82039.5 who employ one or more in-house lobbyists.(3)Lobbying coalitions who employ at least one in-house lobbyist.(b)Each individual lobbyist shall submit a lobbyist certification under Section 86103 for filing with the Secretary of State as part of the registration of the lobbying firm in which the lobbyist is a partner, owner, officer, or employee, or as part of the registration of the lobbyist employer that employs the lobbyist.(c)Lobbyist employers under subdivision (b) of Section 82039.5 who contract only for a lobbying firms services, lobbying coalitions who contract for a lobbying firms services and do not employ an in-house lobbyist, and persons described in subdivision (b) of Section 86115, are not required to register with the Secretary of State, but shall maintain records and file quarterly reports under this chapter.(d)A registration statement shall be filed by online or electronic means.SEC. 7.Section 4 of this act shall not become operative until the date that the Secretary of State certifies an online filing and disclosure system pursuant to paragraph (7) of subdivision (b) of Section 84602 of the Government Code.SEC. 8.Notwithstanding Section 44 of Chapter 662 of the Statutes of 2018, changes made to Sections 81004, 86107, and 86118 of the Government Code that are conditionally operative pursuant to Section 44 of Chapter 662 of the Statutes of 2018 shall instead become operative on the effective date of this act.SEC. 9.SEC. 2. 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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 81004 of the Government Code, as amended by Section 128 of Chapter 50 of the Statutes of 2021, is amended to read:81004. (a) All reports and statements filed under this title shall be signed under penalty of perjury and verified by the filer. The verification shall state that the filer has used all reasonable diligence in its preparation, and that to the best of the filers knowledge it is true and complete.(b) A report or statement filed by a committee which qualifies under subdivision (a) of Section 82013 shall be signed and verified by the treasurer, and a report or statement filed by any other person shall be signed and verified by the filer. If the filer is an entity other than an individual, the report or statement shall be signed and verified by a responsible officer of the entity or by an attorney or a certified public accountant acting as agent for the entity. Every person who signs and verifies any report or statement required to be filed under this title which contains material matter which that person knows to be false is guilty of perjury.(c) (1) Notwithstanding any other provision of this title, a person required to file a report or statement by paper with the Secretary of State may instead file the paper report or statement by email with the Secretary of State, or by other digital means as prescribed by the Secretary of State.(2) A report or statement filed by email pursuant to paragraph (1) shall be signed using a digital signature that conforms with the requirements of Section 16.5.(3) A report or statement filed with the Secretary of State by email that meets the requirements in this subdivision is the original report or statement for audit and other legal purposes.
SECTION 1. Section 81004 of the Government Code, as amended by Section 128 of Chapter 50 of the Statutes of 2021, is amended to read:
### SECTION 1.
81004. (a) All reports and statements filed under this title shall be signed under penalty of perjury and verified by the filer. The verification shall state that the filer has used all reasonable diligence in its preparation, and that to the best of the filers knowledge it is true and complete.(b) A report or statement filed by a committee which qualifies under subdivision (a) of Section 82013 shall be signed and verified by the treasurer, and a report or statement filed by any other person shall be signed and verified by the filer. If the filer is an entity other than an individual, the report or statement shall be signed and verified by a responsible officer of the entity or by an attorney or a certified public accountant acting as agent for the entity. Every person who signs and verifies any report or statement required to be filed under this title which contains material matter which that person knows to be false is guilty of perjury.(c) (1) Notwithstanding any other provision of this title, a person required to file a report or statement by paper with the Secretary of State may instead file the paper report or statement by email with the Secretary of State, or by other digital means as prescribed by the Secretary of State.(2) A report or statement filed by email pursuant to paragraph (1) shall be signed using a digital signature that conforms with the requirements of Section 16.5.(3) A report or statement filed with the Secretary of State by email that meets the requirements in this subdivision is the original report or statement for audit and other legal purposes.
81004. (a) All reports and statements filed under this title shall be signed under penalty of perjury and verified by the filer. The verification shall state that the filer has used all reasonable diligence in its preparation, and that to the best of the filers knowledge it is true and complete.(b) A report or statement filed by a committee which qualifies under subdivision (a) of Section 82013 shall be signed and verified by the treasurer, and a report or statement filed by any other person shall be signed and verified by the filer. If the filer is an entity other than an individual, the report or statement shall be signed and verified by a responsible officer of the entity or by an attorney or a certified public accountant acting as agent for the entity. Every person who signs and verifies any report or statement required to be filed under this title which contains material matter which that person knows to be false is guilty of perjury.(c) (1) Notwithstanding any other provision of this title, a person required to file a report or statement by paper with the Secretary of State may instead file the paper report or statement by email with the Secretary of State, or by other digital means as prescribed by the Secretary of State.(2) A report or statement filed by email pursuant to paragraph (1) shall be signed using a digital signature that conforms with the requirements of Section 16.5.(3) A report or statement filed with the Secretary of State by email that meets the requirements in this subdivision is the original report or statement for audit and other legal purposes.
81004. (a) All reports and statements filed under this title shall be signed under penalty of perjury and verified by the filer. The verification shall state that the filer has used all reasonable diligence in its preparation, and that to the best of the filers knowledge it is true and complete.(b) A report or statement filed by a committee which qualifies under subdivision (a) of Section 82013 shall be signed and verified by the treasurer, and a report or statement filed by any other person shall be signed and verified by the filer. If the filer is an entity other than an individual, the report or statement shall be signed and verified by a responsible officer of the entity or by an attorney or a certified public accountant acting as agent for the entity. Every person who signs and verifies any report or statement required to be filed under this title which contains material matter which that person knows to be false is guilty of perjury.(c) (1) Notwithstanding any other provision of this title, a person required to file a report or statement by paper with the Secretary of State may instead file the paper report or statement by email with the Secretary of State, or by other digital means as prescribed by the Secretary of State.(2) A report or statement filed by email pursuant to paragraph (1) shall be signed using a digital signature that conforms with the requirements of Section 16.5.(3) A report or statement filed with the Secretary of State by email that meets the requirements in this subdivision is the original report or statement for audit and other legal purposes.
81004. (a) All reports and statements filed under this title shall be signed under penalty of perjury and verified by the filer. The verification shall state that the filer has used all reasonable diligence in its preparation, and that to the best of the filers knowledge it is true and complete.
(b) A report or statement filed by a committee which qualifies under subdivision (a) of Section 82013 shall be signed and verified by the treasurer, and a report or statement filed by any other person shall be signed and verified by the filer. If the filer is an entity other than an individual, the report or statement shall be signed and verified by a responsible officer of the entity or by an attorney or a certified public accountant acting as agent for the entity. Every person who signs and verifies any report or statement required to be filed under this title which contains material matter which that person knows to be false is guilty of perjury.
(c) (1) Notwithstanding any other provision of this title, a person required to file a report or statement by paper with the Secretary of State may instead file the paper report or statement by email with the Secretary of State, or by other digital means as prescribed by the Secretary of State.
(2) A report or statement filed by email pursuant to paragraph (1) shall be signed using a digital signature that conforms with the requirements of Section 16.5.
(3) A report or statement filed with the Secretary of State by email that meets the requirements in this subdivision is the original report or statement for audit and other legal purposes.
(a)All reports and statements filed under this title shall be signed under penalty of perjury and verified by the filer in compliance with this section and Section 84213, as applicable. The verification shall state that the filer has used all reasonable diligence in its preparation, and that to the best of the filers knowledge it is true and complete.
(b)A report or statement filed by a committee which qualifies under subdivision (a) of Section 82013 shall be signed and verified by the treasurer, and a report or statement filed by any other person shall be signed and verified by the filer. If the filer is an entity other than an individual, the report or statement shall be signed and verified by a responsible officer of the entity or by an attorney or a certified public accountant acting as agent for the entity. Every person who signs and verifies any report or statement required to be filed under this title which contains material matter which that person knows to be false is guilty of perjury.
(c)A report or statement filed online or electronically shall include a secure electronic signature that is submitted under penalty of perjury and that conforms to subdivision (a) of this section and subdivision (b) of Section 1633.11 of the Civil Code. A report or statement filed online or electronically that meets the requirements in this subdivision is the original report or statement for audit and other legal purposes.
(d)A filing made on behalf of a filer by a vendor or service provider authorized by the filer to make such filings is presumed filed under penalty of perjury by the filer.
All candidates and elected officers and their controlled committees, except as provided in subdivisions (d) and (e), shall file one copy of the campaign statements required by Section 84200 with the elections official of the county in which the candidate or elected official is domiciled, as defined in subdivision (b) of Section 349 of the Elections Code. In addition, campaign statements shall be filed at the following places:
(a)Statewide elected officers, including members of the State Board of Equalization; Members of the Legislature; Supreme Court justices, court of appeal justices, and superior court judges; candidates for those offices and their controlled committees; committees formed or existing primarily to support or oppose these candidates, elected officers, justices and judges, or statewide measures, or the qualification of state ballot measures; and all state general purpose committees and filers not specified in subdivisions (b) to (e), inclusive, shall file a campaign statement with the Secretary of State by online or electronic means, as specified in Section 84605. An officer, candidate, or committee described in this subdivision that is not required to file campaign statements by online or electronic means pursuant to Section 84605, and that does not file a statement by online or electronic means, shall file the original statement in paper format with the Secretary of State.
(b)Elected officers in jurisdictions other than legislative districts, State Board of Equalization districts, or appellate court districts that contain parts of two or more counties, candidates for these offices, their controlled committees, and committees formed or existing primarily to support or oppose candidates or local measures to be voted upon in one of these jurisdictions shall file the original and one copy with the elections official of the county with the largest number of registered voters in the jurisdiction.
(c)County elected officers, candidates for these offices, their controlled committees, committees formed or existing primarily to support or oppose candidates or local measures to be voted upon in any number of jurisdictions within one county, other than those specified in subdivision (d), and county general purpose committees shall file the original and one copy with the elections official of the county.
(d)City elected officers, candidates for city office, their controlled committees, committees formed or existing primarily to support or oppose candidates or local measures to be voted upon in one city, and city general purpose committees shall file the original and one copy with the clerk of the city and are not required to file with the local elections official of the county in which they are domiciled.
(e)Elected members of the Board of Administration of the Public Employees Retirement System, elected members of the Teachers Retirement Board, candidates for these offices, their controlled committees, and committees formed or existing primarily to support or oppose these candidates or elected members shall file the original with the Secretary of State, and a copy shall be filed at the relevant boards office in Sacramento. These elected officers, candidates, and committees need not file with the elections official of the county in which they are domiciled.
(f)Notwithstanding any other provision of this section, a committee, candidate, or elected officer is not required to file more than the original and one copy, or one copy, of a campaign statement with any one county elections official or city clerk or with the Secretary of State.
(g)If a committee is required to file campaign statements required by Section 84200 or 84200.5 in places designated in subdivisions (a) to (d), inclusive, it shall continue to file these statements in those places, in addition to any other places required by this title, until the end of the calendar year.
(a)The following persons shall file online or electronically with the Secretary of State:
(1)Any candidate, including superior court, appellate court, and Supreme Court candidates and officeholders, committee, or other persons who are required, pursuant to Chapter 4 (commencing with Section 84100), to file statements, reports, or other documents in connection with a state elective office or state measure, provided that the total cumulative reportable amount of contributions received, expenditures made, loans made, or loans received is twenty-five thousand dollars ($25,000) or more. In determining the cumulative reportable amount, all controlled committees, as defined by Section 82016, shall be included. For a committee subject to this title prior to January 1, 2000, the beginning date for calculating cumulative totals is January 1, 2000. For a committee that is first subject to this title on or after January 1, 2000, the beginning date for calculating cumulative totals is the date the committee is first subject to this title. A committee, as defined in subdivision (c) of Section 82013, shall file online or electronically if it makes contributions of twenty-five thousand dollars ($25,000) or more in a calendar year.
(2)Any general purpose committees, as defined in Section 82027.5, including the general purpose committees of political parties, and small contributor committees, as defined in Section 85203, that cumulatively receive contributions or make expenditures totaling twenty-five thousand dollars ($25,000) or more to support or oppose candidates for any elective state office or state measure. For a committee subject to this title prior to January 1, 2000, the beginning date for calculating cumulative totals is January 1, 2000. For a committee that first is subject to this title on or after January 1, 2000, the beginning date for calculating cumulative totals is the date the committee is first subject to this title.
(3)Any slate mailer organization with cumulative reportable payments received or made for the purposes of producing slate mailers of twenty-five thousand dollars ($25,000) or more. For a slate mailer organization subject to this title prior to January 1, 2000, the beginning date for calculating cumulative totals is January 1, 2000. For a slate mailer organization that first is subject to this title on or after January 1, 2000, the beginning date for calculating cumulative totals is the date the organization is first subject to this title.
(4)Any lobbyist, lobbying firm, lobbyist employer, or other persons required, pursuant to Chapter 6 (commencing with Section 86100), to file statements, reports, or other documents, provided that the total amount of any category of reportable payments, expenses, contributions, gifts, or other items is two thousand five hundred dollars ($2,500) or more in a calendar quarter.
(b)The Secretary of State shall also disclose on the internet any late contribution or late independent expenditure report, as defined by Sections 84203 and 84204, respectively, not covered by paragraph (1), (2), or (3) of subdivision (a) or any other provision of law.
(c)Committees and other persons that are not required to file online or electronically by this section may do so voluntarily.
(d)Once a person or entity is required to file online or electronically, subject to subdivision (a) or (c), the person or entity shall be required to file all subsequent reports online or electronically.
(e)It shall be presumed that online or electronic filers file under penalty of perjury.
(f)The Secretary of State shall maintain at all times a secured, official version of all original online and electronically filed statements and reports required by this chapter, which shall be the official version for audit and other legal purposes. Persons filing online or electronically shall maintain a copy of the report for recordkeeping purposes.
(g)Except for statements related to a local elective office or a local ballot measure filed by a candidate for local elective office who is also a candidate for elective state office, a copy of a statement, report, or other document filed by online or electronic means with the Secretary of State shall not be filed with a local filing officer.
(a)The following persons shall file online or electronically with the Secretary of State:
(1)Any candidate, including superior court, appellate court, and Supreme Court candidates and officeholders, committee, or other persons who are required, pursuant to Chapter 4 (commencing with Section 84100) and Chapter 5 (commencing with Section 85100), to file statements, reports, or other documents in connection with a state elective office or state measure.
(2)Any state general purpose committees, as defined in Section 82027.5, including the general purpose committees of political parties, as defined in Section 85205, and small contributor committees, as defined in Section 85203.
(3)Any slate mailer organization that produces one or more slate mailers supporting or opposing candidates or measures voted on in a state election or in more than one county.
(4)Any lobbyist, lobbying firm, lobbyist employer, or other persons required, pursuant to Chapter 6 (commencing with Section 86100), to file statements, reports, or other documents.
(b)The Secretary of State shall also disclose on the internet any late contribution or late independent expenditure report, as defined by Sections 84203 and 84204, respectively, not covered by paragraph (1), (2), or (3) of subdivision (a) or any other provision of law.
(c)It shall be presumed that online or electronic filers file under penalty of perjury.
(d)The Secretary of State shall maintain at all times a secured, official version of all original online and electronically filed statements and reports required by this chapter, which shall be the official version for audit and other legal purposes. Persons filing online or electronically shall maintain a copy of the report for recordkeeping purposes.
(e)Except for statements related to a local elective office or a local ballot measure filed by a candidate for local elective office who is also a candidate for elective state office, a copy of a statement, report, or other document filed by online or electronic means with the Secretary of State shall not be filed with a local filing officer.
The Secretary of State shall determine and publicly disclose when the online and electronic disclosure systems are operating effectively. In making this determination, the Secretary of State shall consult with the commission, the Department of Information Technology, and any other appropriate public or private entity. The online or electronic disclosure system shall not become operative until the Department of Information Technology approves the system. The date that a filer transmits an online or electronic report shall be the date the filed report is received by the Secretary of State.
(a)The following persons shall register with the Secretary of State:
(1)Lobbying firms.
(2)Lobbyist employers under subdivision (a) of Section 82039.5 who employ one or more in-house lobbyists.
(3)Lobbying coalitions who employ at least one in-house lobbyist.
(b)Each individual lobbyist shall submit a lobbyist certification under Section 86103 for filing with the Secretary of State as part of the registration of the lobbying firm in which the lobbyist is a partner, owner, officer, or employee, or as part of the registration of the lobbyist employer that employs the lobbyist.
(c)Lobbyist employers under subdivision (b) of Section 82039.5 who contract only for a lobbying firms services, lobbying coalitions who contract for a lobbying firms services and do not employ an in-house lobbyist, and persons described in subdivision (b) of Section 86115, are not required to register with the Secretary of State, but shall maintain records and file quarterly reports under this chapter.
(d)A registration statement shall be filed by online or electronic means.
Section 4 of this act shall not become operative until the date that the Secretary of State certifies an online filing and disclosure system pursuant to paragraph (7) of subdivision (b) of Section 84602 of the Government Code.
Notwithstanding Section 44 of Chapter 662 of the Statutes of 2018, changes made to Sections 81004, 86107, and 86118 of the Government Code that are conditionally operative pursuant to Section 44 of Chapter 662 of the Statutes of 2018 shall instead become operative on the effective date of this act.
SEC. 9.SEC. 2. 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.
SEC. 9.SEC. 2. 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.
SEC. 9.SEC. 2. 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.
### SEC. 9.SEC. 2.