| 1 | | - | Senate Bill No. 794 CHAPTER 816 An act to add Section 85319.5 to the Government Code, relating to the Political Reform Act of 1974. [ Approved by Governor September 29, 2022. Filed with Secretary of State September 29, 2022. ] LEGISLATIVE COUNSEL'S DIGESTSB 794, Glazer. Political Reform Act of 1974: contribution limits.The Political Reform Act of 1974 comprehensively regulates campaign finance, including by limiting contributions that may be made to or received by certain candidates or committees, as specified.This bill would allow a committee that receives a contribution, or portion thereof, in excess of specified limits to return the contribution, or portion thereof, or to attribute the portion of the contribution that exceeds the limit to another election, without the contribution violating those limits, provided that the committee returns or attributes the amount in excess within 14 days of receipt, the committee does not deposit or allow deposit of the contribution with actual knowledge that the contribution exceeds the applicable limit, and the committee does not make use of the contribution prior to returning or attributing it, as specified. If the committee deposits or allows deposit of the contribution with actual knowledge that the contribution exceeds the applicable limits, the bill would allow the committee to return the contribution, or portion thereof, or to attribute the portion of the contribution that exceeds the limit to another election, without violating those limits if the committee returns or attributes the amount in excess of the contribution limit within 72 hours of receipt or on or before the date of the election, whichever is sooner, and provided that the committee does not make use of the contribution prior to returning or attributing it, as specified, and does not deposit or allow deposit of the contribution with actual knowledge that the contribution is more than 2 times the applicable limit. The bill would require the committee to notify the contributor by the deadline for returning or attributing the contribution that the contribution exceeded the applicable limit. The bill would specify the manner by which a committee may attribute a contribution or portion thereof to another election.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: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 85319.5 is added to the Government Code, to read:85319.5. (a) Notwithstanding any other law, a committee that receives a contribution, or a portion thereof, that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316, may return the contribution, or a portion thereof, that exceeds the limit, or may attribute the portion of the contribution that exceeds the limit to another election in accordance with subdivision (d), without violating the applicable contribution limit, provided that the following conditions are met:(1) The amount in excess of the contribution is returned or attributed within 14 days of receiving the contribution.(2) The committee does not deposit or allow deposit of the contribution with actual knowledge that the contribution exceeds the applicable limit.(3) The committee does not make use of the contribution prior to returning or attributing it.(b) Notwithstanding paragraph (2) of subdivision (a) or any other law, a committee that receives a monetary contribution, or a portion thereof, that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316, and that deposits or allows deposit of the contribution with actual knowledge that the contribution exceeds the applicable limit, may return the contribution, or a portion thereof, that exceeds the limit, or may attribute the portion that exceeds the limit to another election in accordance with subdivision (d), without violating the applicable contribution limit, provided that the following conditions are met:(1) The amount in excess of the contribution limit is returned or attributed within 72 hours of receipt, or is returned or attributed on or before the date of the election, whichever is sooner.(2) The committee does not make use of the contribution prior to returning or attributing it.(3) The committee does not deposit or allow deposit of the contribution with actual knowledge that the contribution is more than two times the applicable limit.(c) By or before the applicable deadline for returning or attributing the contribution, or excess portion thereof, in subdivision (a) or (b), a committee that receives a contribution that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316 shall inform the contributor that their contribution was in excess of the applicable limit. If the contribution was attributed pursuant to paragraph (2) of subdivision (d), the committee shall also inform the contributor that the contribution was attributed and that the contributor may request a refund.(d) (1) A committee may, in accordance with any regulations adopted by the commission, request that the contributor attribute in writing a contribution to a different election.(2) A committee may, in accordance with any regulations adopted by the commission, automatically attribute the portion of a contribution that is in excess of the applicable limit between the primary and general elections.(e) For the purposes of this section, a committee makes use of a monetary contribution if, after receiving the contribution, it makes expenditures exceeding what the committees available cash balance would have been if the committee had not received the contribution and any other contributions that exceed the applicable contribution limit.(f) For purposes of this section, a committee attributes a contribution when the committee designates the portion of the contribution in excess of the applicable limit to another election.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. |
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| 1 | + | Enrolled September 01, 2022 Passed IN Senate August 30, 2022 Passed IN Assembly August 24, 2022 Amended IN Assembly August 11, 2022 Amended IN Assembly June 30, 2022 Amended IN Assembly June 16, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 794Introduced by Senator GlazerFebruary 19, 2021 An act to add Section 85319.5 to the Government Code, relating to the Political Reform Act of 1974.LEGISLATIVE COUNSEL'S DIGESTSB 794, Glazer. Political Reform Act of 1974: contribution limits.The Political Reform Act of 1974 comprehensively regulates campaign finance, including by limiting contributions that may be made to or received by certain candidates or committees, as specified.This bill would allow a committee that receives a contribution, or portion thereof, in excess of specified limits to return the contribution, or portion thereof, or to attribute the portion of the contribution that exceeds the limit to another election, without the contribution violating those limits, provided that the committee returns or attributes the amount in excess within 14 days of receipt, the committee does not deposit or allow deposit of the contribution with actual knowledge that the contribution exceeds the applicable limit, and the committee does not make use of the contribution prior to returning or attributing it, as specified. If the committee deposits or allows deposit of the contribution with actual knowledge that the contribution exceeds the applicable limits, the bill would allow the committee to return the contribution, or portion thereof, or to attribute the portion of the contribution that exceeds the limit to another election, without violating those limits if the committee returns or attributes the amount in excess of the contribution limit within 72 hours of receipt or on or before the date of the election, whichever is sooner, and provided that the committee does not make use of the contribution prior to returning or attributing it, as specified, and does not deposit or allow deposit of the contribution with actual knowledge that the contribution is more than 2 times the applicable limit. The bill would require the committee to notify the contributor by the deadline for returning or attributing the contribution that the contribution exceeded the applicable limit. The bill would specify the manner by which a committee may attribute a contribution or portion thereof to another election.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: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 85319.5 is added to the Government Code, to read:85319.5. (a) Notwithstanding any other law, a committee that receives a contribution, or a portion thereof, that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316, may return the contribution, or a portion thereof, that exceeds the limit, or may attribute the portion of the contribution that exceeds the limit to another election in accordance with subdivision (d), without violating the applicable contribution limit, provided that the following conditions are met:(1) The amount in excess of the contribution is returned or attributed within 14 days of receiving the contribution.(2) The committee does not deposit or allow deposit of the contribution with actual knowledge that the contribution exceeds the applicable limit.(3) The committee does not make use of the contribution prior to returning or attributing it.(b) Notwithstanding paragraph (2) of subdivision (a) or any other law, a committee that receives a monetary contribution, or a portion thereof, that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316, and that deposits or allows deposit of the contribution with actual knowledge that the contribution exceeds the applicable limit, may return the contribution, or a portion thereof, that exceeds the limit, or may attribute the portion that exceeds the limit to another election in accordance with subdivision (d), without violating the applicable contribution limit, provided that the following conditions are met:(1) The amount in excess of the contribution limit is returned or attributed within 72 hours of receipt, or is returned or attributed on or before the date of the election, whichever is sooner.(2) The committee does not make use of the contribution prior to returning or attributing it.(3) The committee does not deposit or allow deposit of the contribution with actual knowledge that the contribution is more than two times the applicable limit.(c) By or before the applicable deadline for returning or attributing the contribution, or excess portion thereof, in subdivision (a) or (b), a committee that receives a contribution that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316 shall inform the contributor that their contribution was in excess of the applicable limit. If the contribution was attributed pursuant to paragraph (2) of subdivision (d), the committee shall also inform the contributor that the contribution was attributed and that the contributor may request a refund.(d) (1) A committee may, in accordance with any regulations adopted by the commission, request that the contributor attribute in writing a contribution to a different election.(2) A committee may, in accordance with any regulations adopted by the commission, automatically attribute the portion of a contribution that is in excess of the applicable limit between the primary and general elections.(e) For the purposes of this section, a committee makes use of a monetary contribution if, after receiving the contribution, it makes expenditures exceeding what the committees available cash balance would have been if the committee had not received the contribution and any other contributions that exceed the applicable contribution limit.(f) For purposes of this section, a committee attributes a contribution when the committee designates the portion of the contribution in excess of the applicable limit to another election.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. |
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| 14 | 26 | | |
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| 15 | 27 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 28 | | |
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| 17 | 29 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 30 | | |
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| 19 | 31 | | SB 794, Glazer. Political Reform Act of 1974: contribution limits. |
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| 20 | 32 | | |
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| 21 | 33 | | The Political Reform Act of 1974 comprehensively regulates campaign finance, including by limiting contributions that may be made to or received by certain candidates or committees, as specified.This bill would allow a committee that receives a contribution, or portion thereof, in excess of specified limits to return the contribution, or portion thereof, or to attribute the portion of the contribution that exceeds the limit to another election, without the contribution violating those limits, provided that the committee returns or attributes the amount in excess within 14 days of receipt, the committee does not deposit or allow deposit of the contribution with actual knowledge that the contribution exceeds the applicable limit, and the committee does not make use of the contribution prior to returning or attributing it, as specified. If the committee deposits or allows deposit of the contribution with actual knowledge that the contribution exceeds the applicable limits, the bill would allow the committee to return the contribution, or portion thereof, or to attribute the portion of the contribution that exceeds the limit to another election, without violating those limits if the committee returns or attributes the amount in excess of the contribution limit within 72 hours of receipt or on or before the date of the election, whichever is sooner, and provided that the committee does not make use of the contribution prior to returning or attributing it, as specified, and does not deposit or allow deposit of the contribution with actual knowledge that the contribution is more than 2 times the applicable limit. The bill would require the committee to notify the contributor by the deadline for returning or attributing the contribution that the contribution exceeded the applicable limit. The bill would specify the manner by which a committee may attribute a contribution or portion thereof to another election.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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| 22 | 34 | | |
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| 23 | 35 | | The Political Reform Act of 1974 comprehensively regulates campaign finance, including by limiting contributions that may be made to or received by certain candidates or committees, as specified. |
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| 24 | 36 | | |
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| 25 | 37 | | This bill would allow a committee that receives a contribution, or portion thereof, in excess of specified limits to return the contribution, or portion thereof, or to attribute the portion of the contribution that exceeds the limit to another election, without the contribution violating those limits, provided that the committee returns or attributes the amount in excess within 14 days of receipt, the committee does not deposit or allow deposit of the contribution with actual knowledge that the contribution exceeds the applicable limit, and the committee does not make use of the contribution prior to returning or attributing it, as specified. If the committee deposits or allows deposit of the contribution with actual knowledge that the contribution exceeds the applicable limits, the bill would allow the committee to return the contribution, or portion thereof, or to attribute the portion of the contribution that exceeds the limit to another election, without violating those limits if the committee returns or attributes the amount in excess of the contribution limit within 72 hours of receipt or on or before the date of the election, whichever is sooner, and provided that the committee does not make use of the contribution prior to returning or attributing it, as specified, and does not deposit or allow deposit of the contribution with actual knowledge that the contribution is more than 2 times the applicable limit. The bill would require the committee to notify the contributor by the deadline for returning or attributing the contribution that the contribution exceeded the applicable limit. The bill would specify the manner by which a committee may attribute a contribution or portion thereof to another election. |
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| 26 | 38 | | |
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| 27 | 39 | | 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. |
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| 28 | 40 | | |
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| 29 | 41 | | This bill would declare that it furthers the purposes of the act. |
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| 30 | 42 | | |
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| 31 | 43 | | ## Digest Key |
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| 32 | 44 | | |
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| 33 | 45 | | ## Bill Text |
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| 34 | 46 | | |
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| 35 | 47 | | The people of the State of California do enact as follows:SECTION 1. Section 85319.5 is added to the Government Code, to read:85319.5. (a) Notwithstanding any other law, a committee that receives a contribution, or a portion thereof, that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316, may return the contribution, or a portion thereof, that exceeds the limit, or may attribute the portion of the contribution that exceeds the limit to another election in accordance with subdivision (d), without violating the applicable contribution limit, provided that the following conditions are met:(1) The amount in excess of the contribution is returned or attributed within 14 days of receiving the contribution.(2) The committee does not deposit or allow deposit of the contribution with actual knowledge that the contribution exceeds the applicable limit.(3) The committee does not make use of the contribution prior to returning or attributing it.(b) Notwithstanding paragraph (2) of subdivision (a) or any other law, a committee that receives a monetary contribution, or a portion thereof, that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316, and that deposits or allows deposit of the contribution with actual knowledge that the contribution exceeds the applicable limit, may return the contribution, or a portion thereof, that exceeds the limit, or may attribute the portion that exceeds the limit to another election in accordance with subdivision (d), without violating the applicable contribution limit, provided that the following conditions are met:(1) The amount in excess of the contribution limit is returned or attributed within 72 hours of receipt, or is returned or attributed on or before the date of the election, whichever is sooner.(2) The committee does not make use of the contribution prior to returning or attributing it.(3) The committee does not deposit or allow deposit of the contribution with actual knowledge that the contribution is more than two times the applicable limit.(c) By or before the applicable deadline for returning or attributing the contribution, or excess portion thereof, in subdivision (a) or (b), a committee that receives a contribution that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316 shall inform the contributor that their contribution was in excess of the applicable limit. If the contribution was attributed pursuant to paragraph (2) of subdivision (d), the committee shall also inform the contributor that the contribution was attributed and that the contributor may request a refund.(d) (1) A committee may, in accordance with any regulations adopted by the commission, request that the contributor attribute in writing a contribution to a different election.(2) A committee may, in accordance with any regulations adopted by the commission, automatically attribute the portion of a contribution that is in excess of the applicable limit between the primary and general elections.(e) For the purposes of this section, a committee makes use of a monetary contribution if, after receiving the contribution, it makes expenditures exceeding what the committees available cash balance would have been if the committee had not received the contribution and any other contributions that exceed the applicable contribution limit.(f) For purposes of this section, a committee attributes a contribution when the committee designates the portion of the contribution in excess of the applicable limit to another election.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. |
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| 36 | 48 | | |
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| 37 | 49 | | The people of the State of California do enact as follows: |
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| 38 | 50 | | |
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| 39 | 51 | | ## The people of the State of California do enact as follows: |
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| 40 | 52 | | |
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| 41 | 53 | | SECTION 1. Section 85319.5 is added to the Government Code, to read:85319.5. (a) Notwithstanding any other law, a committee that receives a contribution, or a portion thereof, that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316, may return the contribution, or a portion thereof, that exceeds the limit, or may attribute the portion of the contribution that exceeds the limit to another election in accordance with subdivision (d), without violating the applicable contribution limit, provided that the following conditions are met:(1) The amount in excess of the contribution is returned or attributed within 14 days of receiving the contribution.(2) The committee does not deposit or allow deposit of the contribution with actual knowledge that the contribution exceeds the applicable limit.(3) The committee does not make use of the contribution prior to returning or attributing it.(b) Notwithstanding paragraph (2) of subdivision (a) or any other law, a committee that receives a monetary contribution, or a portion thereof, that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316, and that deposits or allows deposit of the contribution with actual knowledge that the contribution exceeds the applicable limit, may return the contribution, or a portion thereof, that exceeds the limit, or may attribute the portion that exceeds the limit to another election in accordance with subdivision (d), without violating the applicable contribution limit, provided that the following conditions are met:(1) The amount in excess of the contribution limit is returned or attributed within 72 hours of receipt, or is returned or attributed on or before the date of the election, whichever is sooner.(2) The committee does not make use of the contribution prior to returning or attributing it.(3) The committee does not deposit or allow deposit of the contribution with actual knowledge that the contribution is more than two times the applicable limit.(c) By or before the applicable deadline for returning or attributing the contribution, or excess portion thereof, in subdivision (a) or (b), a committee that receives a contribution that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316 shall inform the contributor that their contribution was in excess of the applicable limit. If the contribution was attributed pursuant to paragraph (2) of subdivision (d), the committee shall also inform the contributor that the contribution was attributed and that the contributor may request a refund.(d) (1) A committee may, in accordance with any regulations adopted by the commission, request that the contributor attribute in writing a contribution to a different election.(2) A committee may, in accordance with any regulations adopted by the commission, automatically attribute the portion of a contribution that is in excess of the applicable limit between the primary and general elections.(e) For the purposes of this section, a committee makes use of a monetary contribution if, after receiving the contribution, it makes expenditures exceeding what the committees available cash balance would have been if the committee had not received the contribution and any other contributions that exceed the applicable contribution limit.(f) For purposes of this section, a committee attributes a contribution when the committee designates the portion of the contribution in excess of the applicable limit to another election. |
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| 42 | 54 | | |
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| 43 | 55 | | SECTION 1. Section 85319.5 is added to the Government Code, to read: |
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| 44 | 56 | | |
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| 45 | 57 | | ### SECTION 1. |
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| 46 | 58 | | |
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| 47 | 59 | | 85319.5. (a) Notwithstanding any other law, a committee that receives a contribution, or a portion thereof, that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316, may return the contribution, or a portion thereof, that exceeds the limit, or may attribute the portion of the contribution that exceeds the limit to another election in accordance with subdivision (d), without violating the applicable contribution limit, provided that the following conditions are met:(1) The amount in excess of the contribution is returned or attributed within 14 days of receiving the contribution.(2) The committee does not deposit or allow deposit of the contribution with actual knowledge that the contribution exceeds the applicable limit.(3) The committee does not make use of the contribution prior to returning or attributing it.(b) Notwithstanding paragraph (2) of subdivision (a) or any other law, a committee that receives a monetary contribution, or a portion thereof, that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316, and that deposits or allows deposit of the contribution with actual knowledge that the contribution exceeds the applicable limit, may return the contribution, or a portion thereof, that exceeds the limit, or may attribute the portion that exceeds the limit to another election in accordance with subdivision (d), without violating the applicable contribution limit, provided that the following conditions are met:(1) The amount in excess of the contribution limit is returned or attributed within 72 hours of receipt, or is returned or attributed on or before the date of the election, whichever is sooner.(2) The committee does not make use of the contribution prior to returning or attributing it.(3) The committee does not deposit or allow deposit of the contribution with actual knowledge that the contribution is more than two times the applicable limit.(c) By or before the applicable deadline for returning or attributing the contribution, or excess portion thereof, in subdivision (a) or (b), a committee that receives a contribution that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316 shall inform the contributor that their contribution was in excess of the applicable limit. If the contribution was attributed pursuant to paragraph (2) of subdivision (d), the committee shall also inform the contributor that the contribution was attributed and that the contributor may request a refund.(d) (1) A committee may, in accordance with any regulations adopted by the commission, request that the contributor attribute in writing a contribution to a different election.(2) A committee may, in accordance with any regulations adopted by the commission, automatically attribute the portion of a contribution that is in excess of the applicable limit between the primary and general elections.(e) For the purposes of this section, a committee makes use of a monetary contribution if, after receiving the contribution, it makes expenditures exceeding what the committees available cash balance would have been if the committee had not received the contribution and any other contributions that exceed the applicable contribution limit.(f) For purposes of this section, a committee attributes a contribution when the committee designates the portion of the contribution in excess of the applicable limit to another election. |
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| 48 | 60 | | |
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| 49 | 61 | | 85319.5. (a) Notwithstanding any other law, a committee that receives a contribution, or a portion thereof, that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316, may return the contribution, or a portion thereof, that exceeds the limit, or may attribute the portion of the contribution that exceeds the limit to another election in accordance with subdivision (d), without violating the applicable contribution limit, provided that the following conditions are met:(1) The amount in excess of the contribution is returned or attributed within 14 days of receiving the contribution.(2) The committee does not deposit or allow deposit of the contribution with actual knowledge that the contribution exceeds the applicable limit.(3) The committee does not make use of the contribution prior to returning or attributing it.(b) Notwithstanding paragraph (2) of subdivision (a) or any other law, a committee that receives a monetary contribution, or a portion thereof, that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316, and that deposits or allows deposit of the contribution with actual knowledge that the contribution exceeds the applicable limit, may return the contribution, or a portion thereof, that exceeds the limit, or may attribute the portion that exceeds the limit to another election in accordance with subdivision (d), without violating the applicable contribution limit, provided that the following conditions are met:(1) The amount in excess of the contribution limit is returned or attributed within 72 hours of receipt, or is returned or attributed on or before the date of the election, whichever is sooner.(2) The committee does not make use of the contribution prior to returning or attributing it.(3) The committee does not deposit or allow deposit of the contribution with actual knowledge that the contribution is more than two times the applicable limit.(c) By or before the applicable deadline for returning or attributing the contribution, or excess portion thereof, in subdivision (a) or (b), a committee that receives a contribution that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316 shall inform the contributor that their contribution was in excess of the applicable limit. If the contribution was attributed pursuant to paragraph (2) of subdivision (d), the committee shall also inform the contributor that the contribution was attributed and that the contributor may request a refund.(d) (1) A committee may, in accordance with any regulations adopted by the commission, request that the contributor attribute in writing a contribution to a different election.(2) A committee may, in accordance with any regulations adopted by the commission, automatically attribute the portion of a contribution that is in excess of the applicable limit between the primary and general elections.(e) For the purposes of this section, a committee makes use of a monetary contribution if, after receiving the contribution, it makes expenditures exceeding what the committees available cash balance would have been if the committee had not received the contribution and any other contributions that exceed the applicable contribution limit.(f) For purposes of this section, a committee attributes a contribution when the committee designates the portion of the contribution in excess of the applicable limit to another election. |
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| 50 | 62 | | |
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| 51 | 63 | | 85319.5. (a) Notwithstanding any other law, a committee that receives a contribution, or a portion thereof, that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316, may return the contribution, or a portion thereof, that exceeds the limit, or may attribute the portion of the contribution that exceeds the limit to another election in accordance with subdivision (d), without violating the applicable contribution limit, provided that the following conditions are met:(1) The amount in excess of the contribution is returned or attributed within 14 days of receiving the contribution.(2) The committee does not deposit or allow deposit of the contribution with actual knowledge that the contribution exceeds the applicable limit.(3) The committee does not make use of the contribution prior to returning or attributing it.(b) Notwithstanding paragraph (2) of subdivision (a) or any other law, a committee that receives a monetary contribution, or a portion thereof, that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316, and that deposits or allows deposit of the contribution with actual knowledge that the contribution exceeds the applicable limit, may return the contribution, or a portion thereof, that exceeds the limit, or may attribute the portion that exceeds the limit to another election in accordance with subdivision (d), without violating the applicable contribution limit, provided that the following conditions are met:(1) The amount in excess of the contribution limit is returned or attributed within 72 hours of receipt, or is returned or attributed on or before the date of the election, whichever is sooner.(2) The committee does not make use of the contribution prior to returning or attributing it.(3) The committee does not deposit or allow deposit of the contribution with actual knowledge that the contribution is more than two times the applicable limit.(c) By or before the applicable deadline for returning or attributing the contribution, or excess portion thereof, in subdivision (a) or (b), a committee that receives a contribution that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316 shall inform the contributor that their contribution was in excess of the applicable limit. If the contribution was attributed pursuant to paragraph (2) of subdivision (d), the committee shall also inform the contributor that the contribution was attributed and that the contributor may request a refund.(d) (1) A committee may, in accordance with any regulations adopted by the commission, request that the contributor attribute in writing a contribution to a different election.(2) A committee may, in accordance with any regulations adopted by the commission, automatically attribute the portion of a contribution that is in excess of the applicable limit between the primary and general elections.(e) For the purposes of this section, a committee makes use of a monetary contribution if, after receiving the contribution, it makes expenditures exceeding what the committees available cash balance would have been if the committee had not received the contribution and any other contributions that exceed the applicable contribution limit.(f) For purposes of this section, a committee attributes a contribution when the committee designates the portion of the contribution in excess of the applicable limit to another election. |
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| 52 | 64 | | |
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| 53 | 65 | | |
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| 54 | 66 | | |
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| 55 | 67 | | 85319.5. (a) Notwithstanding any other law, a committee that receives a contribution, or a portion thereof, that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316, may return the contribution, or a portion thereof, that exceeds the limit, or may attribute the portion of the contribution that exceeds the limit to another election in accordance with subdivision (d), without violating the applicable contribution limit, provided that the following conditions are met: |
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| 56 | 68 | | |
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| 57 | 69 | | (1) The amount in excess of the contribution is returned or attributed within 14 days of receiving the contribution. |
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| 58 | 70 | | |
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| 59 | 71 | | (2) The committee does not deposit or allow deposit of the contribution with actual knowledge that the contribution exceeds the applicable limit. |
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| 60 | 72 | | |
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| 61 | 73 | | (3) The committee does not make use of the contribution prior to returning or attributing it. |
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| 62 | 74 | | |
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| 63 | 75 | | (b) Notwithstanding paragraph (2) of subdivision (a) or any other law, a committee that receives a monetary contribution, or a portion thereof, that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316, and that deposits or allows deposit of the contribution with actual knowledge that the contribution exceeds the applicable limit, may return the contribution, or a portion thereof, that exceeds the limit, or may attribute the portion that exceeds the limit to another election in accordance with subdivision (d), without violating the applicable contribution limit, provided that the following conditions are met: |
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| 64 | 76 | | |
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| 65 | 77 | | (1) The amount in excess of the contribution limit is returned or attributed within 72 hours of receipt, or is returned or attributed on or before the date of the election, whichever is sooner. |
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| 66 | 78 | | |
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| 67 | 79 | | (2) The committee does not make use of the contribution prior to returning or attributing it. |
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| 68 | 80 | | |
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| 69 | 81 | | (3) The committee does not deposit or allow deposit of the contribution with actual knowledge that the contribution is more than two times the applicable limit. |
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| 70 | 82 | | |
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| 71 | 83 | | (c) By or before the applicable deadline for returning or attributing the contribution, or excess portion thereof, in subdivision (a) or (b), a committee that receives a contribution that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316 shall inform the contributor that their contribution was in excess of the applicable limit. If the contribution was attributed pursuant to paragraph (2) of subdivision (d), the committee shall also inform the contributor that the contribution was attributed and that the contributor may request a refund. |
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| 72 | 84 | | |
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| 73 | 85 | | (d) (1) A committee may, in accordance with any regulations adopted by the commission, request that the contributor attribute in writing a contribution to a different election. |
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| 74 | 86 | | |
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| 75 | 87 | | (2) A committee may, in accordance with any regulations adopted by the commission, automatically attribute the portion of a contribution that is in excess of the applicable limit between the primary and general elections. |
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| 76 | 88 | | |
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| 77 | 89 | | (e) For the purposes of this section, a committee makes use of a monetary contribution if, after receiving the contribution, it makes expenditures exceeding what the committees available cash balance would have been if the committee had not received the contribution and any other contributions that exceed the applicable contribution limit. |
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| 78 | 90 | | |
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| 79 | 91 | | (f) For purposes of this section, a committee attributes a contribution when the committee designates the portion of the contribution in excess of the applicable limit to another election. |
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| 80 | 92 | | |
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| 81 | 93 | | 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. |
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| 82 | 94 | | |
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| 83 | 95 | | 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. |
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| 84 | 96 | | |
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| 85 | 97 | | 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. |
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| 86 | 98 | | |
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| 87 | 99 | | ### SEC. 2. |
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