Article 2. Filing Of Campaign Statements of California Government Code >> Title 9. >> Chapter 4. >> Article 2.
(a) Except as provided in paragraphs (1), (2), and (3),
elected officers, candidates, and committees pursuant to subdivision
(a) of Section 82013 shall file semiannual statements each year no
later than July 31 for the period ending June 30, and no later than
January 31 for the period ending December 31.
(1) A candidate who, during the past six months has filed a
declaration pursuant to Section 84206 shall not be required to file a
semiannual statement for that six-month period.
(2) Elected officers whose salaries are less than two hundred
dollars ($200) a month, judges, judicial candidates, and their
controlled committees shall not file semiannual statements pursuant
to this subdivision for any six-month period in which they have not
made or received any contributions or made any expenditures.
(3) A judge who is not listed on the ballot for reelection to, or
recall from, any elective office during a calendar year shall not
file semiannual statements pursuant to this subdivision for any
six-month period in that year if both of the following apply:
(A) The judge has not received any contributions.
(B) The only expenditures made by the judge during the calendar
year are contributions from the judge's personal funds to other
candidates or committees totaling less than one thousand dollars
($1,000).
(b) All committees pursuant to subdivision (b) or (c) of Section
82013 shall file campaign statements each year no later than July 31
for the period ending June 30, and no later than January 31 for the
period ending December 31, if they have made contributions or
independent expenditures, including payments to a slate mailer
organization, during the six-month period before the closing date of
the statements.
In addition to the campaign statements required by Section
84200, elected officers, candidates, and committees shall file
preelection statements as follows:
(a) All candidates appearing on the ballot to be voted on at the
next election, their controlled committees, and committees primarily
formed to support or oppose an elected officer, candidate, or a
measure appearing on the ballot to be voted on at the next election
shall file the applicable preelection statements specified in Section
84200.8.
(b) All elected state officers and candidates for elective state
office who are not appearing on the ballot at the next statewide
primary or general election, and who, during the preelection
reporting periods covered by Section 84200.8, contribute to any
committee required to report receipts, expenditures, or contributions
pursuant to this title, or make an independent expenditure of five
hundred dollars ($500) or more in connection with the statewide
primary or general election, shall file the applicable preelection
statements specified in Section 84200.8.
(c) A state or county general purpose committee formed pursuant to
subdivision (a) of Section 82013, other than a political party
committee as defined in Section 85205, shall file the applicable
preelection statements specified in Section 84200.8 if it makes
contributions or independent expenditures totaling five hundred
dollars ($500) or more in connection with the statewide primary or
general election during the period covered by the preelection
statements. However, a state or county general purpose committee
formed pursuant to subdivision (b) or (c) of Section 82013 is not
required to file the preelection statements specified in Section
84200.8.
(d) A political party committee as defined in Section 85205 shall
file the applicable preelection statements specified in Section
84200.8 in connection with a state election if the committee receives
contributions totaling one thousand dollars ($1,000) or more, or if
it makes contributions or independent expenditures totaling five
hundred dollars ($500) or more, in connection with the election
during the period covered by the preelection statement.
(e) A city general purpose committee formed pursuant to
subdivision (a) of Section 82013 shall file the applicable
preelection statements specified in Section 84200.8 if it makes
contributions or independent expenditures totaling five hundred
dollars ($500) or more in connection with a city election in the
committee's jurisdiction during the period covered by the preelection
statements. However, a city general purpose committee formed
pursuant to subdivision (b) or (c) of Section 82013 is not required
to file the preelection statements specified in Section 84200.8.
(f) During an election period for the Board of Administration of
the Public Employees' Retirement System or the Teachers' Retirement
Board:
(1) All candidates for these boards, their controlled committees,
and committees primarily formed to support or oppose the candidates
shall file the preelection statements specified in Section 84200.9.
(2) A state or county general purpose committee formed pursuant to
subdivision (a) of Section 82013 shall file the preelection
statements specified in Section 84200.9 if it makes contributions or
independent expenditures totaling five hundred dollars ($500) or more
during the period covered by the preelection statement to support or
oppose a candidate, or a committee primarily formed to support or
oppose a candidate on the ballot for the Board of Administration of
the Public Employees' Retirement System or the Teachers' Retirement
Board.
(3) However, a general purpose committee formed pursuant to
subdivision (b) or (c) of Section 82013 is not required to file the
statements specified in Section 84200.9.
In addition to the campaign statements required by
Sections 84200 and 84200.5, all candidates and committees shall file
the following special statements and reports:
(a) Late contribution reports, when required by Section 84203.
(b) Late independent expenditure reports, when required by Section
84204.
Preelection statements shall be filed under this section
as follows:
(a) For the period ending 45 days before the election, the
statement shall be filed no later than 40 days before the election.
(b) For the period ending 17 days before the election, the
statement shall be filed no later than 12 days before the election.
All candidates being voted upon in the election in connection with
which the statement is filed, their controlled committees, and
committees formed primarily to support or oppose a candidate or
measure being voted upon in that election shall file this statement
by guaranteed overnight delivery service or by personal delivery.
(c) For runoff elections held within 60 days of the qualifying
election, an additional preelection statement for the period ending
17 days before the runoff election shall be filed no later than 12
days before the election. All candidates being voted upon in the
election in connection with which the statement is filed, their
controlled committees, and committees formed primarily to support or
oppose a candidate or measure being voted upon in that election shall
file this statement by guaranteed overnight delivery service or
personal delivery.
Preelection statements for an election period for the
Board of Administration of the Public Employees' Retirement System or
the Teachers' Retirement Board shall be filed as follows:
(a) For the period ending five days before the beginning of the
ballot period, as determined by the relevant board, a statement shall
be filed no later than two days before the beginning of the ballot
period.
(b) For the period ending five days before the deadline to return
ballots, as determined by the relevant board, a statement shall be
filed no later than two days before the deadline to return ballots.
(c) In the case of a runoff election, for the period ending five
days before the deadline to return runoff ballots, as determined by
the relevant board, a statement shall be filed no later than two days
before the deadline to return runoff ballots.
(d) All candidates being voted upon, their controlled committees,
and committees primarily formed to support or oppose a candidate
being voted upon in that election shall file the statements specified
in subdivisions (b) and (c) by guaranteed overnight delivery service
or by personal delivery.
(a) In addition to the campaign statements required by
Section 84200, committees pursuant to subdivision (a) of Section
82013 that are primarily formed to support or oppose the
qualification, passage, or defeat of a measure and proponents of a
state ballot measure who control a committee formed or existing
primarily to support the qualification, passage, or defeat of a state
ballot measure, shall file campaign statements on the following
dates:
(1) No later than April 30 for the period January 1 through March
31.
(2) No later than October 31 for the period July 1 through
September 30.
(b) This section shall not apply to a committee during any
semiannual period in which the committee is required to file
preelection statements pursuant to subdivision (a), (b), or (c) of
Section 84200.5.
(c) This section shall not apply to a committee following the
election at which the measure is voted upon unless the committee
makes contributions or expenditures to support or oppose the
qualification or passage of another ballot measure.
(a) Except as provided in subdivision (b), during an
odd-numbered year, any committee by virtue of Section 82013 that
makes contributions totaling ten thousand dollars ($10,000) or more
to elected state officers, their controlled committees, or committees
primarily formed to support or oppose any elected state officer
during a period specified below shall file campaign statements on the
following dates:
(1) No later than April 30 for the period of January 1 through
March 31.
(2) No later than October 31 for the period of July 1 through
September 30.
(b) If a committee makes contributions totaling ten thousand
dollars ($10,000) or more to elected state officers, their controlled
committees, or committees primarily formed to support or oppose any
elected state officer during a period specified in subdivision (a),
and all of those contributions are reported pursuant to Section
84202.5 on or before the time specified in subdivision (a), the
committee shall not be required to file additional statements for
that period pursuant to this section.
(a) Each candidate or committee that makes or receives a
late contribution, as defined in Section 82036, shall report the late
contribution to each office with which the candidate or committee is
required to file its next campaign statement pursuant to Section
84215. The candidate or committee that makes the late contribution
shall report his or her full name and street address and the full
name and street address of the person to whom the late contribution
has been made, the office sought if the recipient is a candidate, or
the ballot measure number or letter if the recipient is a committee
primarily formed to support or oppose a ballot measure, and the date
and amount of the late contribution. The recipient of the late
contribution shall report his or her full name and street address,
the date and amount of the late contribution, and whether the
contribution was made in the form of a loan. The recipient shall also
report the full name of the contributor, his or her street address,
occupation, and the name of his or her employer, or if self-employed,
the name of the business.
(b) A late contribution shall be reported by facsimile
transmission, guaranteed overnight delivery, or personal delivery
within 24 hours of the time it is made in the case of the candidate
or committee that makes the contribution and within 24 hours of the
time it is received in the case of the recipient. If a late
contribution is required to be reported to the Secretary of State,
the report to the Secretary of State shall be by online or electronic
transmission only. A late contribution shall be reported on
subsequent campaign statements without regard to reports filed
pursuant to this section.
(c) A late contribution need not be reported nor shall it be
deemed accepted if it is not cashed, negotiated, or deposited and is
returned to the contributor within 24 hours of its receipt.
(d) A report filed pursuant to this section shall be in addition
to any other campaign statement required to be filed by this chapter.
(e) The report required pursuant to this section is not required
to be filed by a candidate or committee that has disclosed the late
contribution pursuant to subdivision (a) or (b) of Section 85309.
(a) Any candidate or committee that makes a late
contribution that is an in-kind contribution shall notify the
recipient in writing of the value of the in-kind contribution. The
notice shall be received by the recipient within 24 hours of the time
the contribution is made.
(b) Nothing in this section shall relieve a candidate or committee
that makes a late in-kind contribution or the recipient of a late
in-kind contribution from the requirement to file late contribution
reports pursuant to Section 84203. However, a report filed by the
recipient of a late in-kind contribution shall be deemed timely filed
if it is received by the filing officer within 48 hours of the time
the contribution is received.
(a) A committee that makes a late independent expenditure,
as defined in Section 82036.5, shall report the late independent
expenditure by facsimile transmission, guaranteed overnight delivery,
or personal delivery within 24 hours of the time it is made. If a
late independent expenditure is required to be reported to the
Secretary of State, the report to the Secretary of State shall be by
online or electronic transmission only. A late independent
expenditure shall be reported on subsequent campaign statements
without regard to reports filed pursuant to this section.
(b) A committee that makes a late independent expenditure shall
report its full name and street address, as well as the name, office,
and district of the candidate if the report is related to a
candidate, or if the report is related to a measure, the number or
letter of the measure, the jurisdiction in which the measure is to be
voted upon, and the amount and the date, as well as a description of
goods or services for which the late independent expenditure was
made. In addition to the information required by this subdivision, a
committee that makes a late independent expenditure shall include
with its late independent expenditure report the information required
by paragraphs (1) to (5), inclusive, of subdivision (f) of Section
84211, covering the period from the day after the closing date of the
last campaign report filed to the date of the late independent
expenditure, or if the committee has not previously filed a campaign
statement, covering the period from the previous January 1 to the
date of the late independent expenditure. No information required by
paragraphs (1) to (5), inclusive, of subdivision (f) of Section 84211
that is required to be reported with a late independent expenditure
report by this subdivision is required to be reported on more than
one late independent expenditure report.
(c) A committee that makes a late independent expenditure shall
file a late independent expenditure report in the places where it
would be required to file campaign statements under this article as
if it were formed or existing primarily to support or oppose the
candidate or measure for or against which it is making the late
independent expenditure.
(d) A report filed pursuant to this section shall be in addition
to any other campaign statement required to be filed by this article.
(e) Expenditures that have been disclosed by candidates and
committees pursuant to Section 85500 are not required to be disclosed
pursuant to this section.
(a) In addition to any other report required by this
title, a committee pursuant to subdivision (a) of Section 82013 that
is required to file reports pursuant to Section 84605 shall file
online or electronically with the Secretary of State each time it
makes contributions totaling five thousand dollars ($5,000) or more
or each time it makes independent expenditures totaling five thousand
dollars ($5,000) or more to support or oppose the qualification or
passage of a single state ballot measure. The report shall be filed
within 10 business days of making the contributions or independent
expenditures and shall contain all of the following:
(1) The full name, street address, and identification number of
the committee.
(2) The number or letter of the measure if the measure has
qualified for the ballot and has been assigned a number or letter;
the title of the measure if the measure has not been assigned a
number or letter but has been issued a title by the Attorney General;
or the subject of the measure if the measure has not been assigned a
number or letter and has not been issued a title by the Attorney
General.
(3) In the case of a contribution, the date and amount of the
contribution and the name, address, and identification number of the
committee to whom the contribution was made. In addition, the report
shall include the information required by paragraphs (1) to (5),
inclusive, of subdivision (f) of Section 84211, regarding
contributions or loans received from a person described in that
subdivision, covering the period from the day after the closing date
of the last campaign report filed to the date of the contribution
requiring a report under this section, or if the committee has not
previously filed a campaign statement, covering the period from the
previous January 1 to the date of the contribution requiring a report
under this section. No information described in paragraphs (1) to
(5), inclusive, of subdivision (f) of Section 84211 that is required
to be reported pursuant to this subdivision is required to be
reported in more than one report provided for in this subdivision for
each contribution or loan received from a person described in
subdivision (f) of Section 84211.
(4) In the case of an independent expenditure, the date, amount,
and a description of the goods or services for which the expenditure
was made. In addition, the report shall include the information
required by paragraphs (1) to (5), inclusive, of subdivision (f) of
Section 84211 regarding contributions or loans received from a person
described in that subdivision, covering the period from the day
after the closing date of the last campaign report filed to the date
of the expenditure, or if the committee has not previously filed a
campaign statement, covering the period from the previous January 1
to the date of the expenditure. No information described in
paragraphs (1) to (5), inclusive, of subdivision (f) of Section 84211
that is required to be reported pursuant to this subdivision is
required to be reported in more than one report provided for in this
subdivision for each contribution or loan received from a person
described in subdivision (f) of Section 84211.
(b) Reports required by this section are not required to be filed
by a committee primarily formed to support or oppose the
qualification or passage of a state ballot measure for expenditures
made on behalf of the ballot measure or measures for which it is
formed.
(c) Independent expenditures that have been disclosed by a
committee pursuant to Section 84204 or 85500 are not required to be
disclosed pursuant to this section.
The commission may by regulation or written advice permit
candidates and committees to file campaign statements combining
statements and reports required to be filed by this title.
(a) The commission shall provide by regulation for a short
form for filing reports required by this article for candidates or
officeholders who receive contributions of less than two thousand
dollars ($2,000), and who make expenditures of less than two thousand
dollars ($2,000), in a calendar year.
(b) For the purposes of this section, in calculating whether two
thousand dollars ($2,000) in expenditures have been made, payments
for a filing fee or for a statement of qualification shall not be
included if these payments have been made from the candidate's
personal funds.
(c) Every candidate or officeholder who has filed a short form
pursuant to subdivision (a), and who thereafter receives
contributions or makes expenditures totaling two thousand dollars
($2,000) or more in a calendar year, shall send written notification
to the Secretary of State, the local filing officer, and each
candidate contending for the same office within 48 hours of receiving
or expending a total of two thousand dollars ($2,000). The written
notification shall revoke the previously filed short form statement.
(a) An elected member of, or a candidate for election to, a
county central committee of a qualified political party who receives
contributions of less than two thousand dollars ($2,000) and who
makes expenditures of less than two thousand dollars ($2,000) in a
calendar year shall not be required to file any campaign statements
required by this title.
(b) Notwithstanding Sections 81009.5 and 81013, a local government
agency shall not impose any filing requirements on an elected member
of, or a candidate for election to, a county central committee of a
qualified political party who receives contributions of less than two
thousand dollars ($2,000) and who makes expenditures of less than
two thousand dollars ($2,000) in a calendar year.
A candidate or state measure proponent and any committee or
committees which the candidate or a state measure proponent controls
may file consolidated campaign statements under this chapter. Such
consolidated statements shall be filed in each place each of the
committees and the candidate or state measure proponent would be
required to file campaign statements if separate statements were
filed.
Each campaign statement required by this article shall
contain all of the following information:
(a) The total amount of contributions received during the period
covered by the campaign statement and the total cumulative amount of
contributions received.
(b) The total amount of expenditures made during the period
covered by the campaign statement and the total cumulative amount of
expenditures made.
(c) The total amount of contributions received during the period
covered by the campaign statement from persons who have given a
cumulative amount of one hundred dollars ($100) or more.
(d) The total amount of contributions received during the period
covered by the campaign statement from persons who have given a
cumulative amount of less than one hundred dollars ($100).
(e) The balance of cash and cash equivalents on hand at the
beginning and the end of the period covered by the campaign
statement.
(f) If the cumulative amount of contributions (including loans)
received from a person is one hundred dollars ($100) or more and a
contribution or loan has been received from that person during the
period covered by the campaign statement, all of the following:
(1) His or her full name.
(2) His or her street address.
(3) His or her occupation.
(4) The name of his or her employer, or if self-employed, the name
of the business.
(5) The date and amount received for each contribution received
during the period covered by the campaign statement and if the
contribution is a loan, the interest rate for the loan.
(6) The cumulative amount of contributions.
(g) If the cumulative amount of loans received from or made to a
person is one hundred dollars ($100) or more, and a loan has been
received from or made to a person during the period covered by the
campaign statement, or is outstanding during the period covered by
the campaign statement, all of the following:
(1) His or her full name.
(2) His or her street address.
(3) His or her occupation.
(4) The name of his or her employer, or if self-employed, the name
of the business.
(5) The original date and amount of each loan.
(6) The due date and interest rate of the loan.
(7) The cumulative payment made or received to date at the end of
the reporting period.
(8) The balance outstanding at the end of the reporting period.
(9) The cumulative amount of contributions.
(h) For each person, other than the filer, who is directly,
indirectly, or contingently liable for repayment of a loan received
or outstanding during the period covered by the campaign statement,
all of the following:
(1) His or her full name.
(2) His or her street address.
(3) His or her occupation.
(4) The name of his or her employer, or if self-employed, the name
of the business.
(5) The amount of his or her maximum liability outstanding.
(i) The total amount of expenditures made during the period
covered by the campaign statement to persons who have received one
hundred dollars ($100) or more.
(j) The total amount of expenditures made during the period
covered by the campaign statement to persons who have received less
than one hundred dollars ($100).
(k) For each person to whom an expenditure of one hundred dollars
($100) or more has been made during the period covered by the
campaign statement, all of the following:
(1) His or her full name.
(2) His or her street address.
(3) The amount of each expenditure.
(4) A brief description of the consideration for which each
expenditure was made.
(5) In the case of an expenditure which is a contribution to a
candidate, elected officer, or committee or an independent
expenditure to support or oppose a candidate or measure, in addition
to the information required in paragraphs (1) to (4) above, the date
of the contribution or independent expenditure, the cumulative amount
of contributions made to a candidate, elected officer, or committee,
or the cumulative amount of independent expenditures made relative
to a candidate or measure; the full name of the candidate, and the
office and district for which he or she seeks nomination or election,
or the number or letter of the measure; and the jurisdiction in
which the measure or candidate is voted upon.
(6) The information required in paragraphs (1) to (4), inclusive,
for each person, if different from the payee, who has provided
consideration for an expenditure of five hundred dollars ($500) or
more during the period covered by the campaign statement.
For purposes of subdivisions (i), (j), and (k) only, the terms
"expenditure" or "expenditures" mean any individual payment or
accrued expense, unless it is clear from surrounding circumstances
that a series of payments or accrued expenses are for a single
service or product.
(l) In the case of a controlled committee, an official committee
of a political party, or an organization formed or existing primarily
for political purposes, the amount and source of any miscellaneous
receipt.
(m) If a committee is listed pursuant to subdivision (f), (g),
(h), (k), (l), or (q), the number assigned to the committee by the
Secretary of State shall be listed, or if no number has been
assigned, the full name and street address of the treasurer of the
committee.
(n) In a campaign statement filed by a candidate who is a
candidate in both a state primary and general election, his or her
controlled committee, or a committee primarily formed to support or
oppose such a candidate, the total amount of contributions received
and the total amount of expenditures made for the period January 1
through June 30 and the total amount of contributions received and
expenditures made for the period July 1 through December 31.
(o) The full name, residential or business address, and telephone
number of the filer, or in the case of a campaign statement filed by
a committee defined by subdivision (a) of Section 82013, the name,
street address, and telephone number of the committee and of the
committee treasurer. In the case of a committee defined by
subdivision (b) or (c) of Section 82013, the name that the filer uses
on campaign statements shall be the name by which the filer is
identified for other legal purposes or any name by which the filer is
commonly known to the public.
(p) If the campaign statement is filed by a candidate, the name,
street address, and treasurer of any committee of which he or she has
knowledge which has received contributions or made expenditures on
behalf of his or her candidacy and whether the committee is
controlled by the candidate.
(q) A contribution need not be reported nor shall it be deemed
accepted if it is not cashed, negotiated, or deposited and is
returned to the contributor before the closing date of the campaign
statement on which the contribution would otherwise be reported.
(r) If a committee primarily formed for the qualification or
support of, or opposition to, an initiative or ballot measure is
required to report an expenditure to a business entity pursuant to
subdivision (k) and 50 percent or more of the business entity is
owned by a candidate or person controlling the committee, by an
officer or employee of the committee, or by a spouse of any of these
individuals, the committee's campaign statement shall also contain,
in addition to the information required by subdivision (k), that
person's name, the relationship of that person to the committee, and
a description of that person's ownership interest or position with
the business entity.
(s) If a committee primarily formed for the qualification or
support of, or opposition to, an initiative or ballot measure is
required to report an expenditure to a business entity pursuant to
subdivision (k), and a candidate or person controlling the committee,
an officer or employee of the committee, or a spouse of any of these
individuals is an officer, partner, consultant, or employee of the
business entity, the committee's campaign statement shall also
contain, in addition to the information required by subdivision (k),
that person's name, the relationship of that person to the committee,
and a description of that person's ownership interest or position
with the business entity.
(t) If the campaign statement is filed by a committee, as defined
in subdivision (b) or (c) of Section 82013, information sufficient to
identify the nature and interests of the filer, including:
(1) If the filer is an individual, the name and address of the
filer's employer, if any, or his or her principal place of business
if the filer is self-employed, and a description of the business
activity in which the filer or his or her employer is engaged.
(2) If the filer is a business entity, a description of the
business activity in which it is engaged.
(3) If the filer is an industry, trade, or professional
association, a description of the industry, trade, or profession
which it represents, including a specific description of any portion
or faction of the industry, trade, or profession which the
association exclusively or primarily represents.
(4) If the filer is not an individual, business entity, or
industry, trade, or professional association, a statement of the
person's nature and purposes, including a description of any
industry, trade, profession, or other group with a common economic
interest which the person principally represents or from which its
membership or financial support is principally derived.
The forms promulgated by the commission for disclosure of
the information required by this chapter shall provide for the
reporting of loans and similar transactions in a manner that does not
result in substantial overstatement or understatement of total
contributions and expenditures.
(a) A candidate and state measure proponent shall verify his
or her campaign statement and the campaign statement of each
committee subject to his or her control. The verification shall be in
accordance with the provisions of Section 81004 except that it shall
state that to the best of his or her knowledge the treasurer of each
controlled committee used all reasonable diligence in the
preparation of the committee's statement. This section does not
relieve the treasurer of any committee from the obligation to verify
each campaign statement filed by the committee pursuant to Section
81004.
(b) If a committee is required to file a campaign statement or
report disclosing an independent expenditure pursuant to this title,
a principal officer of the committee or, in the case of a controlled
committee, the candidate or state measure proponent or opponent who
controls the committee shall sign a verification on a report
prescribed by the Commission. Notwithstanding any other provision of
this title, the report containing the verification required by this
subdivision shall be filed only with the Commission. The verification
shall read as follows:
I have not received any unreported contributions or reimbursements
to make these independent expenditures. I have not coordinated any
expenditure made during this reporting period with the candidate or
the opponent of the candidate who is the subject of the expenditure,
with the proponent or the opponent of the state measure that is the
subject of the expenditure, or with the agents of the candidate or
the opponent of the candidate or the state measure proponent or
opponent.
Committees and candidates shall terminate their filing
obligation pursuant to regulations adopted by the commission which
insure that a committee or candidate will have no activity which must
be disclosed pursuant to this chapter subsequent to the termination.
Such regulations shall not require the filing of any campaign
statements other than those required by this chapter. In no case
shall a committee which qualifies solely under subdivision (b) or (c)
of Section 82013 be required to file any notice of its termination.
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
by online or electronic means, as specified in Section 84605, and
shall file the original and one copy of the campaign 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
and one copy with the Secretary of State, and a copy shall be filed
at the relevant board's 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) Notwithstanding Section 82015, a loan received by a
candidate or committee is a contribution unless the loan is received
from a commercial lending institution in the ordinary course of
business, or it is clear from the surrounding circumstances that it
is not made for political purposes.
(b) A loan, whether or not there is a written contract for the
loan, shall be reported as provided in Section 84211 when any of the
following apply:
(1) The loan is a contribution.
(2) The loan is received by a committee.
(3) The loan is received by a candidate and is used for political
purposes.
A loan of campaign funds, whether or not there is a
written contract for the loan, made by a candidate or committee shall
be reported as provided in Section 84211.
When the Secretary of State receives any campaign statement
filed pursuant to the federal Election Campaign Act, (2 U.S.C.A.
Section 431 et seq.) the Secretary of State shall send a copy of the
statement to the following officers:
(a) Statements of candidates for President, Vice President or
United States Senator and committees supporting such candidates--one
copy with the Registrar-Recorder of Los Angeles County and one copy
with the Registrar of Voters of the City and County of San Francisco;
(b) Statements of candidates for United States Representative in
Congress and committees supporting such candidates--one copy with the
clerk of the county which contains the largest percentage of the
registered voters in the election district which the candidate or any
of the candidates seek nomination or election and one copy with the
clerk of the county within which the candidate resides or in which
the committee is domiciled, provided that if the committee is not
domiciled in California the statement shall be sent to the
Registrar-Recorder of Los Angeles County. No more than one copy of
each statement need be filed with the clerk of any county.
(a) A slate mailer organization shall file semiannual
campaign statements no later than July 31 for the period ending June
30, and no later than January 31 for the period ending December 31.
(b) In addition to the semiannual statements required by
subdivision (a), a slate mailer organization which produces a slate
mailer supporting or opposing candidates or measures being voted on
in an election shall file the statements specified in Section 84200.8
if, during the period covered by the preelection statement, the
slate mailer organization receives payments totaling five hundred
dollars ($500) or more from any person for the support of or
opposition to candidates or ballot measures in one or more slate
mailers, or expends five hundred dollars ($500) or more to produce
one or more slate mailers.
(c) A slate mailer organization shall file two copies of its
campaign reports with the clerk of the county in which it is
domiciled. A slate mailer organization is domiciled at the address
listed on its statement of organization unless it is domiciled
outside California, in which case its domicile shall be deemed to be
Los Angeles County for purposes of this section.
In addition, slate mailer organizations shall file campaign
reports as follows:
(1) A slate mailer organization which produces one or more slate
mailers supporting or opposing candidates or measures voted on in a
state election, or in more than one county, shall file campaign
reports in the same manner as state general purpose committees
pursuant to subdivision (a) of Section 84215.
(2) A slate mailer organization which produces one or more slate
mailers supporting or opposing candidates or measures voted on in
only one county, or in more than one jurisdiction within one county,
shall file campaign reports in the same manner as county general
purpose committees pursuant to subdivision (c) of Section 84215.
(3) A slate mailer organization which produces one or more slate
mailers supporting or opposing candidates or measures voted on in
only one city shall file campaign reports in the same manner as city
general purpose committees pursuant to subdivision (d) of Section
84215.
(4) Notwithstanding the above, no slate mailer organization shall
be required to file more than the original and one copy, or two
copies, of a campaign report with any one county or city clerk or
with the Secretary of State.
Whenever a slate mailer organization is required to file
campaign reports pursuant to Section 84218, the campaign report shall
include the following information:
(a) The total amount of receipts during the period covered by the
campaign statement and the total cumulative amount of receipts. For
purposes of this section only, "receipts" means payments received by
a slate mailer organization for production and distribution of slate
mailers.
(b) The total amount of disbursements made during the period
covered by the campaign statement and the total cumulative amount of
disbursements. For purposes of this section only, "disbursements"
means payment made by a slate mailer organization for the production
or distribution of slate mailers.
(c) For each candidate or committee that is a source of receipts
totaling one hundred dollars ($100) or more during the period covered
by the campaign statement:
(1) The name of the candidate or committee, identification of the
jurisdiction and the office sought or ballot measure number or
letter, and if the source is a committee, the committee's
identification number, street address, and the name of the candidate
or measure on whose behalf or in opposition to which the payment is
made.
(2) The date and amount received for each receipt totaling one
hundred dollars ($100) or more during the period covered by the
campaign statement.
(3) The cumulative amount of receipts on behalf of or in
opposition to the candidate or measure.
(d) For each person other than a candidate or committee who is a
source of receipts totaling one hundred dollars ($100) or more during
the period covered by the campaign statement:
(1) Identification of the jurisdiction, office or ballot measure,
and name of the candidate or measure on whose behalf or in opposition
to which the payment was made.
(2) Full name, street address, name of employer, or, if
self-employed, name of business of the source of receipts.
(3) The date and amount received for each receipt totaling one
hundred dollars ($100) or more during the period covered by the
campaign statement.
(4) The cumulative amount of receipts on behalf of or in
opposition to the candidate or measure.
(e) For each candidate or ballot measure not reported pursuant to
subdivision (c) or (d), but who was supported or opposed in a slate
mailer sent by the slate mailer organization during the period
covered by the report, identification of jurisdiction, office or
ballot measure, and name of the candidate or measure who was
supported or opposed.
(f) The total amount of disbursements made during the period
covered by the campaign statement to persons who have received one
hundred dollars ($100) or more.
(g) The total amount of disbursements made during the period
covered by the campaign statement to persons who have received less
than one hundred dollars ($100).
(h) For each person to whom a disbursement of one hundred dollars
($100) or more has been made during the period covered by the
campaign statement:
(1) His or her full name.
(2) His or her street address.
(3) The amount of each disbursement.
(4) A brief description of the consideration for which each
disbursement was made.
(5) The information required in paragraphs (1) to (4), inclusive,
for each person, if different from the payee, who has provided
consideration for a disbursement of five hundred dollars ($500) or
more during the period covered by the campaign statement.
(i) Cumulative disbursements, totaling one thousand dollars
($1,000) or more, made directly or indirectly to any person listed in
the slate mailer organization's statement of organization. For
purposes of this subdivision, a disbursement is made indirectly to a
person if it is intended for the benefit of or use by that person or
a member of the person's immediate family, or if it is made to a
business entity in which the person or member of the person's
immediate family is a partner, shareholder, owner, director, trustee,
officer, employee, consultant, or holds any position of management
or in which the person or member of the person's immediate family has
an investment of one thousand dollars ($1,000) or more. This
subdivision shall not apply to any disbursement made to a business
entity whose securities are publicly traded.
(j) The full name, street address, and telephone number of the
slate mailer organization and of the treasurer.
(k) Whenever a slate mailer organization also qualifies as a
general purpose committee pursuant to Section 82027.5, the campaign
report shall include, in addition to the information required by this
section, the information required by Section 84211.
If a slate mailer organization receives a payment of two
thousand five hundred dollars ($2,500) or more for purposes of
supporting or opposing any candidate or ballot measure in a slate
mailer, and the payment is received at a time when, if the payment
were a contribution it would be considered a late contribution, then
the slate mailer organization shall report the payment in the manner
set forth in Section 84203 for candidates and committees when
reporting late contributions received. The slate mailer organization
shall, in addition to reporting the information required by Section
84203, identify the candidates or measures whose support or
opposition is being paid for, in whole or in part, by each late
payment.
Slate mailer organizations shall terminate their filing
obligations in the same manner as applies to committees qualifying
under subdivision (a) of Section 82013.
(a) For purposes of this title, "multipurpose organization"
means an organization described in Sections 501(c)(3) to 501(c)(10),
inclusive, of the Internal Revenue Code and that is exempt from
taxation under Section 501(a) of the Internal Revenue Code, a federal
or out-of-state political organization, a trade association, a
professional association, a civic organization, a religious
organization, a fraternal society, an educational institution, or any
other association or group of persons acting in concert, that is
operating for purposes other than making contributions or
expenditures. "Multipurpose organization" does not include a business
entity, an individual, or a federal candidate's authorized
committee, as defined in Section 431 of Title 2 of the United States
Code, that is registered and filing reports pursuant to the Federal
Election Campaign Act of 1971 (Public Law 92-225).
(b) A multipurpose organization that makes expenditures or
contributions and does not qualify as a committee pursuant to
subdivision (c) may qualify as an independent expenditure committee
or major donor committee if the multipurpose organization satisfies
subdivision (b) or (c) of Section 82013.
(c) Except as provided in subparagraph (A) of paragraph (5), a
multipurpose organization is a recipient committee within the meaning
of subdivision (a) of Section 82013 only under one or more of the
following circumstances:
(1) The multipurpose organization is a political committee
registered with the Federal Election Commission, except as provided
in subdivision (a) of this section, or a political committee
registered with another state, and the multipurpose organization
makes contributions or expenditures in this state in an amount equal
to or greater than the amount identified in subdivision (a) of
Section 82013.
(2) The multipurpose organization solicits and receives payments
from donors in an amount equal to or greater than the amount
identified in subdivision (a) of Section 82013 for the purpose of
making contributions or expenditures.
(3) The multipurpose organization accepts payments from donors in
an amount equal to or greater than the amount identified in
subdivision (a) of Section 82013 subject to a condition, agreement,
or understanding with the donor that all or a portion of the payments
may be used for making contributions or expenditures.
(4) The multipurpose organization has existing funds from a donor
and a subsequent agreement or understanding is reached with the donor
that all or a portion of the funds may be used for making
contributions or expenditures in an amount equal to or greater than
the amount identified in subdivision (a) of Section 82013. The date
of the subsequent agreement or understanding is deemed to be the date
of receipt of the payment.
(5) The multipurpose organization makes contributions or
expenditures totaling more than fifty thousand dollars ($50,000) in a
period of 12 months or more than one hundred thousand dollars
($100,000) in a period of four consecutive calendar years.
(A) A multipurpose organization shall not qualify as a committee
within the meaning of subdivision (a) of Section 82013 pursuant to
this paragraph if the multipurpose organization makes contributions
or expenditures using only available nondonor funds. A multipurpose
organization that makes contributions or expenditures with nondonor
funds shall briefly describe the source of the funds used on its
major donor or independent expenditure report.
(B) For purposes of this paragraph, "nondonor funds" means
investment income, including capital gains, or income earned from
providing goods, services, or facilities, whether related or
unrelated to the multipurpose organization's program, sale of assets,
or other receipts that are not donations.
(d) A multipurpose organization that is a committee pursuant to
paragraph (1) of subdivision (c) shall comply with the registration
and reporting requirements of this chapter, subject to the following:
(1) The multipurpose organization is not required to comply with
subdivision (k) of Section 84211 for contributions and expenditures
made to influence federal or out-of-state elections, which shall
instead be reported as a single expenditure and be described as such
on the campaign statement.
(2) A multipurpose organization registered with the Federal
Election Commission is not subject to subdivisions (d) and (f) of
Section 84211 but shall disclose the total amount of contributions
received pursuant to subdivision (a) of Section 84211, and shall
disclose the multipurpose organization's name and identification
number registered with the Federal Election Commission on the
campaign statement.
(e) (1) A multipurpose organization that is a committee pursuant
to paragraph (2), (3), (4), or (5) of subdivision (c) shall comply
with the registration and reporting requirements of this chapter,
subject to the following, except that if the multipurpose
organization is the sponsor of a committee as described in
subdivision (f) it may report required information on its sponsored
committee statement pursuant to subdivision (f):
(A) The multipurpose organization shall register in the calendar
year in which it satisfies any of the criteria in subdivision (c).
The statement of organization filed pursuant to Section 84101 shall
indicate that the organization is filing pursuant to this section as
a multipurpose organization and state the organization's nonprofit
tax exempt status, if any. The statement of organization shall also
describe the organization's mission or most significant activities,
and describe the organization's political activities. A multipurpose
organization may comply with the requirement to describe the mission
or significant activities and political activities by referencing
where the organization's Internal Revenue Service Return of
Organization Exempt From Income Tax form may be accessed.
(B) Except as provided in this subparagraph, the registration of a
multipurpose organization that meets the criteria of paragraph (5)
of subdivision (c) shall terminate automatically on December 31 of
the calendar year in which the multipurpose organization is
registered. The multipurpose organization shall not be required to
file a semiannual statement pursuant to subdivision (b) of Section
84200, unless the multipurpose organization has undisclosed
contributions or expenditures to report, in which case termination
shall occur automatically upon filing the semiannual statement that
is due no later than January 31. After the multipurpose organization'
s registration has terminated, the multipurpose organization's
reporting obligations are complete, unless the organization qualifies
as a committee for purposes of subdivision (a) of Section 82013
again in the following calendar year pursuant to subdivision (c) of
this section. Notwithstanding this subdivision, a multipurpose
organization may elect to remain registered as a committee by
submitting written notification to the Secretary of State prior to
the end of the calendar year.
(C) A multipurpose organization shall report all contributions
received that satisfy the criteria of paragraph (2), (3), or (4) of
subdivision (c) of this section in the manner required by subdivision
(f) of Section 84211, and for the balance of its contributions or
expenditures shall further report contributors based on a last in,
first out accounting method.
(2) A multipurpose organization reporting pursuant to this
subdivision shall disclose total contributions received in an amount
equal to the multipurpose organization's total contributions and
expenditures made in the reporting period. When a multipurpose
organization reports donors based on the last in, first out
accounting method, it shall attribute to and include the information
required by subdivision (f) of Section 84211 for any donor who
donates one thousand dollars ($1,000) or more in a calendar year,
except for the following:
(A) A donor who designates or restricts the donation for purposes
other than contributions or expenditures.
(B) A donor who prohibits the multipurpose organization's use of
its donation for contributions or expenditures.
(C) A private foundation, as defined by subdivision (a) of Section
509 of the Internal Revenue Code, that provides a grant that does
not constitute a taxable expenditure for purposes of paragraph (1) or
(2) of subdivision (d) of Section 4945 of the Internal Revenue Code.
(3) A multipurpose organization that qualifies as a committee
pursuant to paragraph (5) of subdivision (c) shall not be required to
include contributions or expenditures made in a prior calendar year
on the reports filed for the calendar year in which the multipurpose
organization qualifies as a committee.
(4) If a multipurpose organization qualifies as a committee solely
pursuant to paragraph (5) of subdivision (c) and the committee is
required to report donors based on a last in, first out accounting
method pursuant to paragraph (1), the multipurpose organization shall
not be required to disclose donor information for a donation
received by the multipurpose organization prior to July 1, 2014. This
paragraph shall not apply with respect to a donation made by a donor
who knew that the multipurpose organization would use the donation
to support or oppose a candidate or ballot measure in the state by
requesting that the donation be used for that purpose or by making
the donation in response to a message or solicitation indicating the
multipurpose organization's intent to use the donation for that
purpose.
(5) A contributor identified and reported in the manner provided
in subparagraph (C) of paragraph (1) that is a multipurpose
organization and receives contributions that satisfy the criteria in
subdivision (c) shall be subject to the requirements of this
subdivision.
(6) The commission shall adopt regulations establishing notice
requirements and reasonable filing deadlines for donors reported as
contributors based on the last in, first out accounting method.
(f) A multipurpose organization that is the sponsor of a committee
as defined in Section 82048.7, that is a membership organization,
that makes all of its contributions and expenditures from funds
derived from dues, assessments, fees, and similar payments that do
not exceed ten thousand dollars ($10,000) per calendar year from a
single source, and that elects to report its contributions and
expenditures on its sponsored committee's campaign statement pursuant
to paragraph (1) of subdivision (e) shall report as follows:
(1) The sponsored committee shall report all contributions and
expenditures made from the sponsor's treasury funds on statements and
reports filed by the committee. The sponsor shall use a last in,
first out accounting method and disclose the information required by
subdivision (f) of Section 84211 for any person who pays dues,
assessments, fees, or similar payments of one thousand dollars
($1,000) or more to the sponsor's treasury funds in a calendar year
and shall disclose all contributions and expenditures made, as
required by subdivision (k) of Section 84211, on the sponsored
committee's campaign statements.
(2) The sponsored committee shall report all other contributions
and expenditures in support of the committee by the sponsor, its
intermediate units, and the members of those entities. A sponsoring
organization makes contributions and expenditures in support of its
sponsored committee when it provides the committee with money from
its treasury funds, with the exception of establishment or
administrative costs. With respect to dues, assessments, fees, and
similar payments channeled through the sponsor or an intermediate
unit to a sponsored committee, the original source of the dues,
assessments, fees, and similar payments is the contributor.
(3) A responsible officer of the sponsor, as well as the treasurer
of the sponsored committee, shall verify the committee's campaign
statement pursuant to Section 81004.
(g) For purposes of this section, "last in, first out accounting
method" means an accounting method by which contributions and
expenditures are attributed to the multipurpose organization's
contributors in reverse chronological order beginning with the most
recent of its contributors or, if there are any prior contributions
or expenditures, beginning with the most recent contributor for which
unattributed contributions remain.
(a) A committee primarily formed to support or oppose a
state ballot measure or state candidate that raises one million
dollars ($1,000,000) or more for an election shall maintain an
accurate list of the committee's top 10 contributors, as specified by
Commission regulations. A current list of the top 10 contributors
shall be provided to the Commission for disclosure on the Commission'
s Internet Web site, as provided in subdivision (c).
(b) (1) Except as provided in paragraph (4), the list of top 10
contributors shall identify the names of the 10 persons who have made
the largest cumulative contributions to the committee, the total
amount of each person's contributions, the city and state of the
person, the person's committee identification number, if any, and any
other information deemed necessary by the Commission. If any of the
top 10 contributors identified on the list are committees pursuant to
subdivision (a) of Section 82013, the Commission may require, by
regulation, that the list also identify the top 10 contributors to
those contributing committees.
(2) (A) A committee primarily formed to support or oppose a state
ballot measure shall count the cumulative amount of contributions
received by the committee from a person for the period beginning 12
months prior to the date the committee made its first expenditure to
qualify, support, or oppose the measure and ending with the current
date.
(B) A committee primarily formed to support or oppose a state
candidate shall count the cumulative amount of contributions received
by the committee from a person for the primary and general elections
combined.
(3) The aggregation rules of Section 85311 and any implementing
regulations adopted by the Commission shall apply in identifying the
persons who have made the top 10 cumulative contributions to a
committee.
(4) A person who makes contributions to a committee in a
cumulative amount of less than ten thousand dollars ($10,000) shall
not be identified or disclosed as a top 10 contributor to a committee
pursuant to this section.
(c) (1) The Commission shall adopt regulations to govern the
manner in which the Commission shall display top 10 contributor lists
provided by a committee that is subject to this section, and the
Commission shall post the top 10 contributor lists on its Internet
Web site in the manner prescribed by those regulations. The
Commission shall provide the top 10 contributor lists to the
Secretary of State, upon the request of the Secretary of State, for
the purpose of additionally posting the contributor lists on the
Secretary of State's Internet Web site.
(2) A committee shall provide an updated top 10 contributor list
to the Commission when any of the following occurs:
(A) A new person qualifies as a top 10 contributor to the
committee.
(B) A person who is an existing top 10 contributor makes
additional contributions to the committee.
(C) A change occurs that alters the relative ranking order of the
top 10 contributors.
(3) The 10 persons who have made the largest cumulative
contributions to a committee shall be listed in order from largest
contribution amount to smallest amount. If two or more contributors
of identical amounts meet the threshold for inclusion in the list of
top 10 contributors, the order of disclosure shall be made beginning
with the most recent contributor of that amount.
(4) The Commission shall post or update a top 10 contributor list
within five business days or, during the 16 days before the election,
within 48 hours of a contributor qualifying for the list or of any
change to the list.
(d) In listing the top 10 contributors, a committee shall use
reasonable efforts to identify and state the actual individuals or
corporations that are the true sources of the contributions made to
the committee from other persons or committees.
(e) In addition to any other lists that the Commission is required
to post on its Internet Web site, the Commission shall compile,
maintain, and display on its Internet Web site a current list of the
top 10 contributors supporting and opposing each state ballot
measure, as prescribed by Commission regulations.
The provisions of this title apply to candidates for
election to the Board of Administration of the Public Employees'
Retirement System or the Teachers' Retirement Board, and to
committees formed or existing primarily to support or oppose those
candidates. The Commission may adopt regulations to tailor the
reporting and disclosure requirements for these candidates and
committees consistent with the purposes and provisions of this title.