TITLE 9. POLITICAL REFORM [81000. - 91014.]
Title 9 added June 4, 1974, by initiative Proposition 9.
§§ 81000–91014 · 445 sections
CHAPTER 1. General §§ 81000–81015 · 21 sections
- § 81000 This title shall be known and may be cited as the “Political Reform Act of 1974.”
- § 81001 The people find and declare as follows: (a) State and local government should serve the needs and respond to the wishes of all citizens equally, without regard…
- § 81002 The people enact this title to accomplish the following purposes: (a) Receipts and expenditures in election campaigns should be fully and truthfully disclosed…
- § 81003 This title should be liberally construed to accomplish its purposes.
- § 81004 (a) All reports and statements filed under this title shall be signed under penalty of perjury and verified by the filer. The verification shall state that the… see note
- § 81004.5 Any report or statement filed pursuant to this title may be amended by the filer at any time. Amending an incorrect or incomplete report or statement may be…
- § 81005 (a) If this title requires that a statement or report be filed before or on a specified date or during or within a specified period, and the filing deadline…
- § 81006 Except as provided in this title, no fee or charge shall be collected by any officer for the filing of any report or statement or for the forms upon which…
- § 81007 When a report or statement or copies thereof required to be filed in paper format with any filing officer under this title has been sent by first-class mail or… see note
- § 81007.5 (a) Any report or statement or copies thereof required to be filed with any official under Chapter 4 (commencing with Section 84100) or Chapter 7 (commencing… see note
- § 81008 Every report and statement filed pursuant to this title is a public record open for public inspection and reproduction during regular business hours,… see note
- § 81009 (a) Statements of organization, registration statements, and original campaign statements of persons holding elective state office, candidates for any such… see note
- § 81009.5 (a) Any local government agency which has enacted, enacts, amends, or repeals an ordinance or other provision of law affecting campaign contributions and…
- § 81010 With respect to reports and statements filed with a filing officer pursuant to this title, the filing officer shall: (a) Supply the necessary forms and manuals… see note
- § 81010.5 A filing officer or filing official’s failure to comply with a duty or to provide notice of a filing or disclosure obligation does not affect a person’s duty…
- § 81011.5 Any provision of law to the contrary notwithstanding, the election precinct of a person signing a statewide petition shall not be required to appear on the…
- § 81012 This title may be amended or repealed by the procedures set forth in this section. If any portion of subdivision (a) is declared invalid, then subdivision (b)…
- § 81012.5 (a) The Legislative Counsel shall, through the information system described in Section 10248, make available to the public the option to sign up to receive an…
- § 81013 Nothing in this title prevents the Legislature or any other state or local agency from imposing additional requirements on any person if the requirements do…
- § 81014 Whenever any reference is made in this title to a federal or state statute and that statute has been or is subsequently repealed or amended, the Commission may…
- § 81015 If any provision of this title, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this title to…
CHAPTER 2. Definitions §§ 82000–82054 · 78 sections
- § 82000 Unless the contrary is stated or clearly appears from the context, the definitions set forth in this chapter shall govern the interpretation of this title.
- § 82001 “Adjusting an amount for cost-of-living changes” means adjusting the amount received the previous year by an amount determined at the beginning of each fiscal…
- § 82002 (a) “Administrative action” means any of the following: (1) The proposal, drafting, development, consideration, amendment, enactment, or defeat by any state…
- § 82003 “Agency” means any state agency or local government agency.
- § 82004 “Agency official” means any member, officer, employee, or consultant of any state agency who as part of that person’s official responsibilities participates in…
- § 82004.2 “Arrangement for prospective employment” means an agreement pursuant to which a prospective employer’s offer of employment has been accepted by the prospective…
- § 82004.5 “Behested payment” means a payment that is made at the behest of a committee, an elected officer, a member of the Public Utilities Commission, or an agent…
- § 82005 “Business entity” means any organization or enterprise operated for profit, including but not limited to a proprietorship, partnership, firm, business trust,…
- § 82006 “Campaign statement” means an itemized report which is prepared on a form prescribed by the Commission and which provides the information required by Chapter 4… see note
- § 82007 (a) “Candidate” means any of the following: (1) Anyone who is listed on a ballot or is qualified to have write-in votes cast on their behalf counted by…
- § 82008 “City” means a general law or a chartered city.
- § 82009.5 “Clerk” refers to the city or county clerk unless the city council or board of supervisors has designated any other agency to perform the specified function.
- § 82010 “Closing date” means the date through which any report or statement filed under this title is required to be complete.
- § 82011 “Code reviewing body” means all of the following: (a) The commission, with respect to the conflict of interest code of a state agency other than an agency in…
- § 82012 “Commission” means the Fair Political Practices Commission.
- § 82013 “Committee” means any person or combination of persons who directly or indirectly does any of the following: (a) Receives contributions totaling two thousand…
- § 82014 “Conflict of Interest Code” means a set of rules and regulations adopted by an agency pursuant to Chapter 7 of this title.
- § 82015 (a) “Contribution” means a payment, a forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment, except to the… see note
- § 82015.5 (a) To determine when contributions are aggregated under this title, “entity” means any person other than an individual, and “majority owned” means ownership…
- § 82016 (a) “Controlled committee” means a committee that is controlled directly or indirectly by a candidate or state measure proponent or that acts jointly with a…
- § 82017 “County” includes a city and county.
- § 82018 (a) Except as provided in subdivisions (b), (c), and (d), “cumulative amount” means the amount of contributions received or expenditures made in the calendar… see note
- § 82019 (a) “Designated employee” means any officer, employee, member, or consultant of any agency whose position with the agency: (1) Is exempt from the state civil…
- § 82020 “Elected officer” means any person who holds an elective office or has been elected to an elective office but has not yet taken office. A person who is…
- § 82021 “Elected state officer” means any person who holds an elective state office or has been elected to an elective state office but has not yet taken office. A…
- § 82022 “Election” means any primary, general, special or recall election held in this state. The primary and general or special elections are separate elections for…
- § 82022.5 “Election-related activities” include, but are not limited to, the following with respect to candidate-based elections: (a) Communications that contain express… see note
- § 82023 “Elective office” means any state, regional, county, municipal, district or judicial office that is filled at an election. “Elective office” also includes…
- § 82024 “Elective state office” means the office of Governor, Lieutenant Governor, Attorney General, Insurance Commissioner, Controller, Secretary of State, Treasurer,…
- § 82025 (a) “Expenditure” means a payment, a forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment, unless it is… see note
- § 82025.3 (a) “External manager” means either of the following: (1) A person who is seeking to be, or is, retained by a state public retirement system in California or…
- § 82025.5 “Fair market value” means the estimated fair market value of goods, services, facilities or anything of value other than money. Whenever the amount of goods,…
- § 82026 “Filer” means the person filing or required to file any statement or report under this title.
- § 82027 “Filing officer” means the office or officer with whom any statement or report is required to be filed under this title. If copies of a statement or report are…
- § 82027.5 (a) “General purpose committee” means all committees pursuant to subdivision (b) or (c) of Section 82013, and any committee pursuant to subdivision (a) of…
- § 82028 (a) “Gift” means, except as provided in subdivision (b), any payment that confers a personal benefit on the recipient, to the extent that consideration of…
- § 82029 “Immediate family” means the spouse and dependent children.
- § 82030 (a) “Income” means, except as provided in subdivision (b), a payment received, including, but not limited to, any salary, wage, advance, dividend, interest,…
- § 82030.5 (a) For purposes of this title, “earned income” means, except as provided in subdivision (b), income from wages, salaries, professional fees, and other amounts…
- § 82031 “Independent expenditure” means an expenditure made by any person, including a payment of public moneys by a state or local governmental agency, in connection…
- § 82032 “Influencing legislative or administrative action” means promoting, supporting, influencing, modifying, opposing or delaying any legislative or administrative…
- § 82033 “Interest in real property” includes any leasehold, beneficial or ownership interest, or an option to acquire such an interest in real property located in the…
- § 82034 (a) “Investment” means any financial interest in or security issued by a business entity, including, but not limited to, common stock, preferred stock, rights,…
- § 82035 “Jurisdiction” means the state with respect to a state agency and, with respect to a local government agency, the region, county, city, district or other…
- § 82035.5 “LAFCO proposal” means a proposal, as defined in Section 56069, including a proceeding, as defined by Section 56067.
- § 82036 “Late contribution” means any of the following: (a) A contribution, including a loan, that totals in the aggregate one thousand dollars ($1,000) or more and is…
- § 82036.5 “Late independent expenditure” means an independent expenditure that totals in the aggregate one thousand dollars ($1,000) or more and is made for or against a…
- § 82037 “Legislative action” means the drafting, introduction, consideration, modification, enactment, or defeat of any bill, resolution, amendment, report,…
- § 82038 “Legislative official” means any employee or consultant of the Legislature whose duties are not solely secretarial, clerical or manual.
- § 82038.3 (a) “Lobbying coalition” means a group of 10 or more persons formed primarily to influence legislative or administrative action, whose members make payments to…
- § 82038.5 (a) “Lobbying firm” means any business entity, including an individual contract lobbyist, which meets either of the following criteria: (1) The business entity…
- § 82039 (a) “Lobbyist” means either of the following: (1) Any individual who receives two thousand dollars ($2,000) or more in economic consideration in a calendar…
- § 82039.5 “Lobbyist employer” means any person, other than a lobbying firm, who: (a) Employs one or more lobbyists for economic consideration, other than reimbursement…
- § 82041 “Local government agency” means a county, city or district of any kind including school district, or any other local or regional political subdivision, or any…
- § 82041.3 “Made at the behest of” means made under the control or at the direction of, in cooperation, consultation, coordination, or concert with, at the request or…
- § 82041.5 “Mass mailing” means over two hundred substantially similar pieces of mail, but does not include a form letter or other mail which is sent in response to an…
- § 82042 “Mayor” of a city includes mayor of a city and county.
- § 82043 “Measure” means any constitutional amendment or other proposition which is submitted to a popular vote at an election by action of a legislative body, or which…
- § 82044 “Payment” means a payment, distribution, transfer, loan, advance, deposit, gift or other rendering of money, property, services or anything else of value,…
- § 82045 “Payment to influence legislative or administrative action” means any of the following types of payment: (a) Direct or indirect payment to a lobbyist whether…
- § 82046 (a) “Period covered” by a statement or report required to be filed by this title, other than a campaign report, means, unless a different period is specified,… see note
- § 82047 “Person” means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company,…
- § 82047.3 (a) “Placement agent” means an individual directly or indirectly hired, engaged, or retained by, or serving for the benefit of or on behalf of, an external…
- § 82047.5 “Primarily formed committee” means a committee pursuant to subdivision (a) of Section 82013 which is formed or exists primarily to support or oppose any of the…
- § 82047.6 (a) “Principal officer” means the individual primarily responsible for approving the political activities of a committee, including, but not limited to, the…
- § 82047.7 “Proponent of a state ballot measure” means “proponent” as defined in Section 9001 of the Elections Code.
- § 82048 (a) (1) “Public official” means every member, officer, employee, or consultant of a state or local government agency. (2) Notwithstanding subdivision (e) of…
- § 82048.3 “Slate mailer” means a mass mailing which supports or opposes a total of four or more candidates or ballot measures.
- § 82048.4 (a) “Slate mailer organization” means, except as provided in subdivision (b), any person who, directly or indirectly, does all of the following: (1) Is…
- § 82048.5 “Special district” means any agency of the state established for the local performance of governmental or proprietary functions within limited boundaries.…
- § 82048.7 (a) “Sponsored committee” means a committee, other than a candidate controlled committee, that has one or more sponsors. Any person, except a candidate or…
- § 82048.8 “Spouse” includes registered domestic partners recognized by state law.
- § 82049 “State agency” means every state office, department, division, bureau, board and commission, and the Legislature.
- § 82050 “State candidate” means a candidate who seeks nomination or election to any elective state office.
- § 82051 “State measure” means any measure which is submitted or is intended to be submitted to the voters of the state.
- § 82052 “Statewide candidate” means a candidate who seeks election to any statewide elective office.
- § 82053 “Statewide elective office” means the office of Governor, Lieutenant Governor, Attorney General, Insurance Commissioner, Controller, Secretary of State,…
- § 82054 “Statewide petition” means a petition to qualify a proposed state measure.
CHAPTER 3. Fair Political Practices Commission §§ 83100–83124 · 31 sections
- § 83100 There is hereby established in state government the Fair Political Practices Commission. The Commission shall have five members, including the chair. No more…
- § 83101 The chair and one additional member of the Commission shall be appointed by the Governor. The Governor’s appointees shall not be members of the same political…
- § 83102 (a) The Attorney General, the Secretary of State, and the Controller shall each appoint one member of the Commission. (b) If the Attorney General, the…
- § 83103 Members and the chair of the Commission shall serve four-year terms beginning on February 1 and ending on January 31 or as soon thereafter as their successors…
- § 83104 Vacancies on the Commission shall be filled, within thirty days, by appointment of the same official who appointed the prior holder of the position. The…
- § 83105 Each member of the commission shall be an elector. A member of the commission, during the member’s tenure, shall not hold any other public office, serve as an…
- § 83106 The chair of the Commission shall be compensated at the same rate as the president of the Public Utilities Commission. Each remaining member shall be…
- § 83107 The Commission shall appoint an executive director who shall act in accordance with Commission policies and regulations and with applicable law. The Commission…
- § 83108 The Commission may delegate authority to the chair or the executive director to act in the name of the Commission between meetings of the Commission.
- § 83109 For purposes of Section 19818.6, a nonclerical position under the Commission shall not be included in the same class in the civil service classification plan…
- § 83110 The principal office of the Commission shall be in Sacramento but it may establish offices, meet, and exercise its powers at any other place in the state.…
- § 83111 The Commission has primary responsibility for the impartial, effective administration and implementation of this title.
- § 83111.5 The commission shall take no action to implement this title that would abridge constitutional guarantees of freedom of speech, that would deny any person of…
- § 83112 The Commission may adopt, amend and rescind rules and regulations to carry out the purposes and provisions of this title, and to govern procedures of the…
- § 83113 The commission shall, in addition to its other duties, do all of the following: (a) Prescribe forms for reports, statements, notices and other documents… see note
- § 83114 (a) Any person may request the commission to issue an opinion with respect to that person’s duties under this title. The commission shall, within 14 days,…
- § 83115 Upon the sworn complaint of any person or on its own initiative, the commission shall investigate possible violations of this title relating to any agency,…
- § 83115.5 A finding of probable cause to believe this title has been violated shall not be made by the commission unless, at least 21 days prior to the commission’s…
- § 83116 When the commission determines there is probable cause for believing this title has been violated, it may hold a hearing to determine if a violation has…
- § 83116.3 Whenever the commission rejects the decision of an administrative law judge made pursuant to Section 11517, the commission shall state the reasons in writing…
- § 83116.5 Any person who violates any provision of this title, who purposely or negligently causes any other person to violate any provision of this title, or who aids…
- § 83116.7 (a) As an alternative to an administrative proceeding under this chapter, the Commission may establish and administer a political reform education program for…
- § 83117 The Commission may: (a) Accept grants, contributions and appropriations; (b) Contract for any services which cannot satisfactorily be performed by its…
- § 83117.5 It shall be unlawful for a member of the commission to receive a gift of ten dollars ($10) or more per month. “Gift” as used in this section means a gift made…
- § 83118 The Commission may subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence and require by subpoena the…
- § 83119 The Commission may refuse to excuse any person from testifying, or from producing books, records, correspondence, documents, or other evidence in obedience to…
- § 83120 An interested person may seek judicial review of any action of the Commission.
- § 83121 If judicial review is sought of any action of the Commission relating to a pending election, the matter shall be advanced on the docket of the court and put…
- § 83122 There is hereby appropriated from the General Fund of the state to the Fair Political Practices Commission the sum of five hundred thousand dollars ($500,000)…
- § 83123.6 (a) (1) Upon mutual agreement between the Commission and the governing body of a local government agency, the Commission may assume primary responsibility for…
- § 83124 The commission shall adjust the contribution limitations and voluntary expenditure limitations provisions in Sections 85301, 85302, 85303, and 85400 in January…
CHAPTER 4. Campaign Disclosure §§ 84100–84514 · 82 sections
ARTICLE 1. Organization of Committees §§ 84100–84109 · 11 sections
- § 84100 (a) Every recipient committee, as defined by subdivision (a) of Section 82013, shall have a treasurer. An expenditure shall not be made by or on behalf of a… see note
- § 84101 (a) A committee that is a committee by virtue of subdivision (a) of Section 82013 shall file a statement of organization. The committee shall file the original… see note
- § 84101.5 (a) Notwithstanding Section 81006, the Secretary of State shall charge each committee that is required to register pursuant to subdivision (a) of Section 84101… see note
- § 84102 The statement of organization required by Section 84101 shall include all of the following: (a) The name, street address, email address, and telephone number,… see note
- § 84103 (a) If there is a change in any of the information contained in a statement of organization, an amendment shall be filed within 10 days to reflect the change.… see note
- § 84104 It shall be the duty of each candidate, treasurer, principal officer, and elected officer to maintain detailed accounts, records, bills, and receipts necessary… see note
- § 84105 (a) A candidate or committee that receives contributions totaling five thousand dollars ($5,000) or more from a person in a calendar year shall inform that…
- § 84106 (a) Whenever identification of a sponsored committee is required by this title, the identification shall include the full name of the committee as required in… see note
- § 84107 Within 30 days of the designation of the numerical order of propositions appearing on the ballot, any committee which is primarily formed to support or oppose…
- § 84108 (a) Every slate mailer organization shall comply with the requirements of Sections 84100, 84101, 84103, and 84104. (b) The statement of organization of a slate… see note
- § 84109 (a) A limited liability company that qualifies as a committee pursuant to Section 82013, or qualifies as a sponsor of a committee pursuant to Section 82048.7,…
ARTICLE 2. Filing of Campaign Statements §§ 84200–84226 · 32 sections
- § 84200 (a) Except as provided in paragraphs (1), (2), and (3), elected officers, candidates, and committees pursuant to subdivision (a) of Section 82013 shall file… see note
- § 84200.5 (a) In addition to the semiannual campaign statements required by Section 84200, the following elected officers, candidates, and committees shall file… see note
- § 84200.8 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… see note
- § 84200.9 Preelection statements for an election period for the Board of Administration of the Public Employees’ Retirement System or the Teachers’ Retirement Board… see note
- § 84202.3 (a) In addition to the campaign reports required by Section 84200, committees pursuant to subdivision (a) of Section 82013 that are primarily formed to support… see note
- § 84202.7 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… see note
- § 84203 (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… see note
- § 84203.3 (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…
- § 84204 (a) A committee that makes a late independent expenditure, as defined in Section 82036.5, shall report the late independent expenditure by facsimile… see note
- § 84204.5 (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… see note
- § 84205 The commission may, by regulation or written advice, permit candidates and committees to combine campaign reports when filing as required by this title. see note
- § 84206 (a) The commission shall provide by regulation for a short form for filing reports required by this article for candidates or officeholders who receive…
- § 84207 (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… see note
- § 84209 A candidate or state measure proponent and any committee or committees which the candidate or a state measure proponent controls may file consolidated campaign… see note
- § 84211 Each campaign statement required by this article shall contain all of the following information: (a) The total amount of contributions received during the… see note
- § 84212 The forms promulgated by the commission for disclosure of the information required by this chapter shall provide for the reporting of loans and similar… see note
- § 84213 (a) A candidate or state measure proponent shall verify the candidate’s or proponent’s campaign report and the campaign report of each committee subject to the… see note
- § 84214 Committees and candidates shall terminate their filing obligation pursuant to regulations adopted by the commission which insure that a committee or candidate… see note
- § 84215 All candidates and elected officers and their controlled committees, except as provided in subdivisions (d) and (e), shall file one copy of the campaign… see note
- § 84216 (a) Notwithstanding Section 82015, a loan received by a candidate or committee is a contribution unless the loan is received from a commercial lending…
- § 84216.5 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…
- § 84217 When the Secretary of State receives any campaign statement filed pursuant to the federal Election Campaign Act, (52 U.S.C.A. Section 30101 et seq.) the…
- § 84218 (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… see note
- § 84219 Whenever a slate mailer organization is required to file campaign reports pursuant to Section 84218, the campaign report shall include the following… see note
- § 84220 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…
- § 84221 Slate mailer organizations shall terminate their filing obligations in the same manner as applies to committees qualifying under subdivision (a) of Section…
- § 84222 (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…
- § 84222.5 (a) A publicly funded nonprofit organization that makes contributions or expenditures, either directly or through the control of another entity, shall…
- § 84223 (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… see note
- § 84224 (a) A behested payment described in subdivision (b) shall be reported within 30 days following the date on which the payment or payments equal or exceed five… see note
- § 84225 The provisions of this title apply to candidates for election to the Board of Administration of the Public Employees’ Retirement System or the Teachers’…
- § 84226 (a) This section applies to any elected local government officer or candidate for elective local government office who meets both of the following criteria:… see note
ARTICLE 2.5. LAFCO Proposal Requirements §§ 84250–84252 · 3 sections
- § 84250 All requirements of this title applicable to a measure, as defined in Section 82043, also apply to a LAFCO proposal, as defined in Section 82035.5, except as…
- § 84251 A payment made for “political purposes,” as that term is used in Sections 82015 and 82025, includes a payment made for the purpose of influencing or attempting…
- § 84252 A committee primarily formed to support or oppose a LAFCO proposal shall file all statements required under this chapter except that, in lieu of the statements… see note
ARTICLE 3. Prohibitions §§ 84300–84310 · 14 sections
- § 84300 (a) No contribution of one hundred dollars ($100) or more shall be made or received in cash. A cash contribution shall not be deemed received if it is not… see note
- § 84301 No contribution shall be made, directly or indirectly, by any person in a name other than the name by which such person is identified for legal purposes.
- § 84302 A person shall not make a contribution on behalf of another, or while acting as the intermediary or agent of another, without disclosing to the recipient of… see note
- § 84303 (a) An expenditure of five hundred dollars ($500) or more shall not be made, other than for overhead or normal operating expenses, by an agent or independent…
- § 84304 No person shall make an anonymous contribution or contributions to a candidate, committee or any other person totaling one hundred dollars ($100) or more in a…
- § 84305 (a) (1) Except as provided in subdivision (b), a candidate, candidate controlled committee established for an elective office for the controlling candidate, or…
- § 84305.5 (a) No slate mailer organization or committee primarily formed to support or oppose one or more ballot measures shall send a slate mailer unless: (1) The name,…
- § 84305.7 (a) If a slate mailer organization sends a slate mailer or other mass mailing that displays a logo, insignia, emblem, or trademark that is identical or…
- § 84306 All contributions received by a person acting as an agent of a candidate shall be reported promptly to the candidate or any of the candidate’s designated… see note
- § 84307 No contribution shall be commingled with the personal funds of the recipient or any other person.
- § 84307.5 A spouse or domestic partner of an elected officer or a candidate for elective office shall not receive, in exchange for services rendered, compensation from…
- § 84308 (a) The definitions set forth in this subdivision shall govern the interpretation of this section. (1) “Party” means any person who files an application for,…
- § 84309 (a) A person shall not receive or personally deliver or attempt to deliver a contribution in the State Capitol, any state or local government office building,…
- § 84310 (a) A candidate, candidate controlled committee established for an elective office for the controlling candidate, political party committee, or slate mailer…
ARTICLE 4. Exemptions § 84400 · 1 section
- § 84400 Notwithstanding any other provision of the law, the commission shall have no power to exempt any person, including any candidate or committee, from any of the…
ARTICLE 5. Disclosure in Advertisements §§ 84501–84514 · 21 sections
- § 84501 For purposes of this article, the following definitions apply: (a) (1) “Advertisement” means any general or public communication that is authorized and paid…
- § 84501.1 The Commission shall not, by regulation, policy, opinion, or advice letter, construe or interpret any of Sections 82025, 84305, 84310, 84501 through 84511,…
- § 84502 (a) (1) Any advertisement not described in subdivision (b) of Section 84504.3 that is paid for by a committee pursuant to subdivision (a) of Section 82013,… see note
- § 84503 (a) Any advertisement not described in subdivision (b) of Section 84504.3 that is paid for by a committee pursuant to subdivision (a) of Section 82013, other…
- § 84504 (a) An advertisement paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of…
- § 84504.1 (a) An advertisement paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of…
- § 84504.2 (a) A print advertisement paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective… see note
- § 84504.3 (a) This section applies to an electronic media advertisement if either of the following is true: (1) The advertisement is paid for by a committee other than a…
- § 84504.4 (a) A radio or television advertisement that is paid for by a political party or a candidate controlled committee established for an elective office of the…
- § 84504.5 An advertisement that is an independent expenditure and paid for by a political party or a candidate controlled committee established for an elective office of…
- § 84504.6 (a) For purposes of this article, the following terms have the following meanings: (1) “Online platform” means a public-facing internet website, web… see note
- § 84504.7 (a) A candidate or committee shall not authorize or pay for an advertisement that is a text message, unless the disclosures described in subdivision (b) are…
- § 84504.8 If a disclosure statement required by a local ordinance is substantially similar to a disclosure statement required pursuant to this article, the two…
- § 84505 (a) In addition to the requirements of Sections 84502, 84503, and 84506.5, the committee placing the advertisement or persons acting in concert with that…
- § 84506.5 An advertisement supporting or opposing a candidate that is paid for by an independent expenditure shall include a statement that it was not authorized by a…
- § 84509 If the order of top contributors required to be disclosed pursuant to this article changes or a new contributor qualifies as a top contributor, the disclosure…
- § 84510 (a) (1) In addition to the remedies provided for in Chapter 11 (commencing with Section 91000), a person who violates Section 84503 or 84506.5 is liable in a…
- § 84511 (a) This section applies to a committee that does either of the following: (1) Makes an expenditure of five thousand dollars ($5,000) or more to an individual…
- § 84512 (a) (1) A business entity shall submit a report to the Secretary of State following any calendar year in which the business entity does either of the…
- § 84513 (a) (1) If a committee pays a person to post content on an internet website, web application, or digital application for the purpose of supporting or opposing…
- § 84514 (a) (1) If a committee, as defined in Section 82013, creates, originally publishes, or originally distributes a qualified political advertisement, the…
CHAPTER 4.6. Online Disclosure Act of 1997 §§ 84600–84616 · 14 sections
- § 84600 This chapter may be known and may be cited as the Online Disclosure Act.
- § 84601 The Legislature finds and declares as follows: (a) The people of California enacted one of the nation’s most comprehensive campaign and lobbying financial…
- § 84602 (a) To implement the Legislature’s intent, the Secretary of State, in consultation with the Commission, notwithstanding any other provision of this code, shall… see note
- § 84602.1 (a) The Secretary of State shall, on or before June 30, 2007, fully implement this chapter as specified in Section 84602, including completing online lobbying…
- § 84602.3 The Secretary of State shall conspicuously post on the Secretary of State’s internet website hyperlinks to the internet website of any local government agency…
- § 84602.5 The Secretary of State shall disclose online pursuant to this chapter an index of the identification numbers, as assigned pursuant to subdivision (a) of…
- § 84603 The Secretary of State, once all state-mandated development, procurement, and oversight requirements have been met, shall make public their availability to…
- § 84605 (a) The following persons shall file online or electronically with the Secretary of State: (1) Any candidate, including superior court, appellate court, and… see note
- § 84606 The date that a filer transmits an online or electronic report shall be the date the filed report is received by the Secretary of State. see note
- § 84607 Pursuant to Section 8314, no employee or official of a state or local government agency shall utilize, for political or campaign purposes, public facilities or…
- § 84612 If the Secretary of State rejects a filing made under this chapter, the Secretary of State shall immediately notify the filer of the reason or reasons for… see note
- § 84613 (a) The Political Disclosure, Accountability, Transparency, and Access Fund is hereby established in the State Treasury. Moneys collected pursuant to Section…
- § 84615 A local government agency may require an elected officer, candidate, committee, or other person required to file statements, reports, or other documents… see note
- § 84616 (a) Within 72 hours of each applicable filing deadline, a local government agency shall post on its internet website a copy of any report or other document… see note
CHAPTER 5. Limitations on Contributions §§ 85100–85802 · 48 sections
ARTICLE 1. Title of Chapter § 85100 · 1 section
- § 85100 This chapter shall be known as the “Campaign Contribution and Voluntary Expenditure Limits Without Taxpayer Financing Amendments to the Political Reform Act of…
ARTICLE 2. Candidacy §§ 85200–85201 · 2 sections
- § 85200 (a) Before becoming a candidate for a specific office, an individual shall file a statement of intention to be a candidate, signed under penalty of perjury.… see note
- § 85201 (a) Before the solicitation or receipt of any contribution or loan, a candidate who has filed a statement of intention pursuant to Section 85200 shall… see note
ARTICLE 2.5. Applicability of the Political Reform Act of 1974 §§ 85202–85206 · 6 sections
- § 85202 Unless specifically superseded by the act that adds this section, the definitions and provisions of this title shall govern the interpretation of this chapter.
- § 85203 “Small contributor committee” means any committee that meets all of the following criteria: (a) The committee has been in existence for at least six months.…
- § 85204 “Election cycle,” for purposes of Sections 85309 and 85500, means the period of time commencing 90 days prior to an election and ending on the date of the…
- § 85204.5 With respect to special elections, the following terms have the following meanings: (a) “Special election cycle” means the day on which the office becomes…
- § 85205 “Political party committee” means the state central committee or county central committee of an organization that meets the requirements for recognition as a…
- § 85206 “Public moneys” has the same meaning as defined in Section 426 of the Penal Code.
ARTICLE 3. Contribution Limitations §§ 85300–85321 · 22 sections
- § 85300 (a) Except as provided in subdivision (b), a public officer shall not expend, and a candidate shall not accept, any public moneys for the purpose of seeking…
- § 85301 (a) A person, other than a small contributor committee or political party committee, shall not make to a candidate for elective state office other than a…
- § 85302 (a) A small contributor committee may not make to any candidate for elective state office other than a candidate for statewide elective office, and a candidate…
- § 85303 (a) A person may not make to any committee, other than a political party committee, and a committee other than a political party committee may not accept, any…
- § 85304 (a) A candidate for elective state office or an elected state officer may establish a separate account to defray attorney’s fees and other related legal costs…
- § 85304.5 (a) A candidate for elective office other than an elective state office or an elected officer other than an elected state officer may establish a separate…
- § 85305 (a) A candidate for elective state, county, or city office or committee controlled by that candidate shall not make a contribution to any other candidate for…
- § 85306 (a) A candidate may transfer campaign funds from one controlled committee to a controlled committee for elective state, county, or city office of the same…
- § 85307 (a) The provisions of this article regarding loans apply to extensions of credit, but do not apply to loans made to a candidate by a commercial lending…
- § 85308 (a) Contributions made by a husband and wife may not be aggregated. (b) A contribution made by a child under 18 years of age is presumed to be a contribution…
- § 85309 (a) In addition to any other report required by this title, a candidate for elective state office who is required to file reports pursuant to Section 84605…
- § 85310 (a) Any person who makes a payment or a promise of payment totaling fifty thousand dollars ($50,000) or more for a communication that clearly identifies a…
- § 85312 For purposes of this title, payments for communications to members, employees, shareholders, or families of members, employees, or shareholders of an…
- § 85314 The contribution limits of this chapter apply to special elections and apply to special runoff elections. A special election and a special runoff election are…
- § 85315 (a) Notwithstanding any other provision of this chapter, an elected state, county, or city officer may establish a committee to oppose the qualification of a…
- § 85316 (a) Except as provided in subdivision (b), a contribution for an election may be accepted by a candidate for elective state, county, or city office after the…
- § 85317 (a) Notwithstanding subdivision (a) of Section 85306, a candidate for elective state, county, or city office may carry over contributions raised in connection…
- § 85318 (a) (1) A candidate for elective state, county, or city office may raise contributions for a general election before the primary election, and for a special…
- § 85319 A candidate for state elective office may return all or part of any contribution to the donor who made the contribution at any time, whether or not other…
- § 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…
- § 85320 (a) A foreign government, foreign principal, or foreign national shall not make, directly or through any other person, a contribution, expenditure, or…
- § 85321 Notwithstanding any other provision of this chapter, if a candidate for elective state office or the candidate’s controlled committee had net debts resulting…
ARTICLE 4. Voluntary Expenditure Ceilings §§ 85400–85403 · 4 sections
- § 85400 (a) A candidate for elective state office, other than the Board of Administration of the Public Employees’ Retirement System, who voluntarily accepts… see note
- § 85401 (a) Each candidate for elective state office shall file a statement of acceptance or rejection of the voluntary expenditure limits set forth in Section 85400…
- § 85402 (a) Any candidate for elective state office who has filed a statement accepting the voluntary expenditure limits is not bound by those limits if an opposing…
- § 85403 Any candidate who files a statement of acceptance pursuant to Section 85401 and makes campaign expenditures in excess of the limits shall be subject to the…
ARTICLE 5. Independent Expenditures §§ 85500–85505 · 3 sections
- § 85500 (a) In addition to any other report required by this title, a committee, including a political party committee, that is required to file reports pursuant to…
- § 85501 A controlled committee of a candidate may not make independent expenditures and may not contribute funds to another committee for the purpose of making…
- § 85505 (a) The Secretary of State shall include on the Internet Web site of the Secretary of State’s office, as part of the campaign finance activity that is publicly… see note
ARTICLE 6. Ballot Pamphlet §§ 85600–85601 · 2 sections
- § 85600 The Secretary of State shall designate in the state voter information guide those candidates for statewide elective office, as defined in Section 82053, who…
- § 85601 (a) A candidate for statewide elective office, as defined in Section 82053, who accepts the voluntary expenditure limits set forth in Section 85400 may…
ARTICLE 7. Additional Contribution Requirements §§ 85700–85802 · 8 sections
- § 85700 (a) A candidate or committee shall return not later than 60 days of receipt by the candidate or committee any contribution of one hundred dollars ($100) or…
- § 85701 Any candidate or committee that receives a contribution in violation of Section 84301 shall pay to the General Fund of the state the amount of the contribution.
- § 85701.5 (a) (1) A solicitation by a candidate or committee, directly or through an agent or intermediary, for a recurring contribution shall be in a form that requires…
- § 85702 An elected state officer or candidate for elected state office may not accept a contribution from a lobbyist, and a lobbyist may not make a contribution to an…
- § 85702.5 (a) A county or city may, by ordinance or resolution, impose a limit on contributions to a candidate for elective county or city office that is different from…
- § 85703 (a) This act does not nullify contribution limitations or prohibitions of any local jurisdiction that apply to elections for local elective office, except that…
- § 85704 (a) A person shall not make any contribution to a committee or candidate that is earmarked for a contribution to any other particular committee, ballot… see note
- § 85802 There is hereby appropriated from the General Fund of the state to the Fair Political Practices Commission the sum of five hundred thousand dollars ($500,000)…
CHAPTER 6. Lobbyists §§ 86100–86300 · 30 sections
ARTICLE 1. Registration and Reporting §§ 86100–86119 · 24 sections
- § 86100 (a) The following persons shall register with the Secretary of State: (1) Lobbying firms. (2) Lobbyist employers under subdivision (a) of Section 82039.5 who…
- § 86101 Every lobbying firm and lobbyist employer who is required to file a registration statement under this chapter shall register with the Secretary of State no…
- § 86102 (a) The Secretary of State shall charge each lobbying firm and lobbyist employer required to file a registration statement under this chapter a fee of fifty…
- § 86103 A lobbyist certification shall include all of the following: (a) A recent photograph of the lobbyist, the size of which shall be prescribed by the Secretary of… see note
- § 86104 The registration of a lobbying firm shall include: (a) The full name, business address, and telephone number of the lobbying firm. (b) A list of the lobbyists… see note
- § 86105 The registration for a lobbyist employer that employs lobbyists or a lobbying coalition shall include: (a) The following information regarding the lobbyist…
- § 86106 Each registered lobbying firm and lobbyist employer which will be conducting activities which require registration shall renew its registration by filing…
- § 86107 (a) If any change occurs in any of the information contained in a registration statement, an appropriate amendment shall be filed both by online or electronic… see note
- § 86108 All information listed on any registration statement and on any amendment, renewal, or notice of termination shall be printed by the Secretary of State and… see note
- § 86109 Within 140 days after the commencement of each regular session of the Legislature, the Secretary of State shall publish a directory of registered individual…
- § 86109.5 (a) The Secretary of State shall establish and maintain on the Internet an online version of the Directory of Lobbyists, Lobbying Firms, and Lobbyist… see note
- § 86110 Lobbyists, lobbying firms, and lobbyist employers which receive payments, make payments or incur expenses or expect to receive payments, make payments or incur…
- § 86111 (a) “Activity expense” as used in this chapter means any expense incurred or payment made by a lobbyist, lobbying firm, lobbyist employer or a person described…
- § 86112 When a person is required to report activity expenses pursuant to this article, the following information shall be provided: (a) The date and amount of each…
- § 86112.3 (a) Each person filing a report pursuant to this article who sends any written or printed invitation to an elected state officer, candidate for elective state…
- § 86112.5 (a) Each person filing a report pursuant to this article shall provide each beneficiary of a gift listed within the report the following information: (1) The…
- § 86113 (a) A lobbyist shall complete and verify a periodic report which contains: (1) A report of all activity expenses by the lobbyist during the reporting period;…
- § 86114 (a) Lobbying firms shall file periodic reports containing all of the following: (1) The full name, address, and telephone number of the lobbying firm. (2) The… see note
- § 86115 Subject to the exceptions in Section 86300, the following persons shall file the statements required by Section 86116: (a) Any lobbyist employer; and (b) Any…
- § 86116 Every person described in Section 86115 shall file periodic reports containing the following information: (a) The name, business address, and telephone number… see note
- § 86116.5 (a) In addition to the information required pursuant to Section 86116, all state and local agencies that file reports pursuant to Sections 86115 and 86116…
- § 86117 (a) Reports required by Sections 86114 and 86116 shall be filed during the month following each calendar quarter. The period covered shall be from the first…
- § 86118 The original and one copy of each report required by Sections 86114 and 86116 shall be filed with the Secretary of State, unless filing in paper format is no… see note
- § 86119 (a) (1) “Issue lobbying advertisement” means any advertisement as defined in paragraph (2) made for purposes of influencing a clearly identified legislative or…
ARTICLE 2. Prohibitions §§ 86201–86206 · 5 sections
- § 86201 “Gift” as used in this article means a gift made directly or indirectly to any state candidate, elected state officer, or legislative official, or to an agency…
- § 86203 It shall be unlawful for a lobbyist, or lobbying firm, to make gifts to one person aggregating more than ten dollars ($10) in a calendar month, or to act as an…
- § 86204 It shall be unlawful for any person knowingly to receive any gift which is made unlawful by Section 86203.
- § 86205 No lobbyist or lobbying firm shall: (a) Do anything with the purpose of placing any elected state officer, legislative official, agency official, or state…
- § 86206 Nothing in this article prohibits the payment of fees for contractual services provided to an investment manager by a placement agent, as defined in Section…
ARTICLE 3. Exemptions § 86300 · 1 section
- § 86300 The provisions of this chapter are not applicable to: (a) Any elected public official acting in the official’s official capacity, or any employee of the State…
CHAPTER 7. Conflicts of Interest §§ 87100–87505 · 69 sections
ARTICLE 1. General Prohibition §§ 87100–87105 · 12 sections
- § 87100 A public official at any level of state or local government shall not make, participate in making, or in any way attempt to use the public official’s official…
- § 87100.1 (a) A registered professional engineer or licensed land surveyor who renders professional services as a consultant to a state or local government, either…
- § 87101 Section 87100 does not prevent any public official from making or participating in the making of a governmental decision to the extent the official’s…
- § 87102 The requirements of Section 87100 are in addition to the requirements of Articles 2 (commencing with Section 87200) and 3 (commencing with Section 87300) and…
- § 87102.5 (a) The remedies provided in Chapter 3 (commencing with Section 83100) apply to any Member of the Legislature who makes, participates in making, or in any way…
- § 87102.6 (a) “Nongeneral legislation” means legislation as to which both of the following apply: (1) It is reasonably foreseeable that the legislation will have direct…
- § 87102.8 (a) An elected state officer, as defined in subdivision (f) of Section 14 of Article V of the California Constitution, shall not make or participate in the…
- § 87103 A public official has a financial interest in a decision within the meaning of Section 87100 if it is reasonably foreseeable that the decision will have a…
- § 87103.5 (a) Notwithstanding subdivision (c) of Section 87103, a retail customer of a business entity engaged in retail sales of goods or services to the public…
- § 87103.6 Notwithstanding subdivision (c) of Section 87103, any person who makes a payment to a state agency or local government agency to defray the estimated…
- § 87104 (a) A public official of a state agency shall not, for compensation, act as an agent or attorney for, or otherwise represent, any other person by making any…
- § 87105 (a) A public official who holds an office specified in Section 87200 who has a financial interest in a decision within the meaning of Section 87100 shall, upon…
ARTICLE 2. Disclosure §§ 87200–87211 · 15 sections
- § 87200 This article is applicable to elected state officers, judges and commissioners of courts of the judicial branch of government, members of the Public Utilities…
- § 87200.5 (a) Members of the board of directors and the executive of a groundwater sustainability agency shall file statements of economic interests in accordance with…
- § 87201 Every candidate for an office specified in Section 87200 other than a justice of an appellate court or the Supreme Court shall file no later than the final…
- § 87202 (a) (1) A person who is elected, appointed, or nominated to an office specified in Section 87200 shall file a statement disclosing the person’s investments and…
- § 87203 A person who holds an office specified in Section 87200 shall, each year at a time specified by commission regulations, file a statement disclosing the…
- § 87204 A person who leaves an office specified in Section 87200 shall, within 30 days after leaving the office, file a statement disclosing the person’s investments,…
- § 87205 A person who completes a term of an office specified in Section 87200 and within 45 days begins a term of the same office or another such office of the same…
- § 87206 If an investment or an interest in real property is required to be disclosed under this article, the statement shall contain: (a) A statement of the nature of…
- § 87206.5 If an official must disclose a leasehold interest, the official shall do all of the following: (a) Identify the interest as a leasehold interest. (b) Disclose…
- § 87207 (a) If income is required to be reported under this article, the statement shall contain, except as provided in subdivision (b): (1) The name and street…
- § 87207.5 When an arrangement for prospective employment is required to be reported under this article, the statement shall contain the date that the filer accepted the…
- § 87208 Except in statements required by Section 87203, investments and interests in real property which have been disclosed on a statement of economic interests filed…
- § 87209 When a statement is required to be filed under this article, every person specified in Section 87200 shall disclose any business positions held by that person.…
- § 87210 A person shall not make a gift totaling fifty dollars ($50) or more in a calendar year to a person described in Article 2 on behalf of another, or while acting…
- § 87211 This article does not apply to either of the following of the State Bar of California, who shall file statements under conflict of interest codes developed…
ARTICLE 3. Conflict of Interest Codes §§ 87300–87314 · 19 sections
- § 87300 Every agency shall adopt and promulgate a Conflict of Interest Code pursuant to the provisions of this article. A Conflict of Interest Code shall have the…
- § 87301 It is the policy of this act that Conflict of Interest Codes shall be formulated at the most decentralized level possible, but without precluding…
- § 87302 Each conflict of interest code shall contain the following provisions: (a) Specific enumeration of the positions within the agency, other than those specified…
- § 87302.3 (a) Every candidate for an elective office that is designated in a conflict of interest code shall file a statement disclosing the candidate’s investments,…
- § 87302.6 Notwithstanding Section 87302, a member of a board or commission of a newly created agency shall file a statement at the same time and in the same manner as…
- § 87303 No conflict of interest code shall be effective until it has been approved by the code reviewing body. Each agency shall submit a proposed conflict of interest…
- § 87304 If any agency fails to submit a proposed conflict of interest code or amendments, or if any state agency fails to report amendments pursuant to subdivision (b)…
- § 87305 If after six months following the deadline for submission of the proposed Conflict of Interest Code to the code reviewing body no Conflict of Interest Code has…
- § 87306 (a) Every agency shall amend its Conflict of Interest Code, subject to the provisions of Section 87303, when change is necessitated by changed circumstances,…
- § 87306.5 (a) No later than July 1 of each even-numbered year, the code reviewing body shall direct every local agency which has adopted a Conflict of Interest Code in…
- § 87307 An agency may at any time amend its Conflict of Interest Code, subject to the provisions of Section 87303, either upon its own initiative or in response to a…
- § 87308 Judicial review of any action of a code reviewing body under this chapter may be sought by the commission, by the agency, by an officer, employee, member or…
- § 87309 A conflict of interest code or amendment shall not be approved by the code reviewing body or upheld by a court if it: (a) Fails to provide reasonable assurance…
- § 87310 If the duties of a designated employee are so broad or indefinable that the requirements of Section 87309 cannot be complied with, the Conflict of Interest…
- § 87311 The review of proposed Conflict of Interest Codes by the Commission and by the Attorney General and the preparation of proposed Conflict of Interest Codes by…
- § 87311.5 (a) Notwithstanding the provisions of Section 87311, the review of the Conflict of Interest Code of an agency in the judicial branch of government shall not be…
- § 87312 The Commission shall, upon request, provide technical assistance to agencies in the preparation of Conflict of Interest Codes. Such assistance may include the…
- § 87313 A person shall not make a gift of fifty dollars ($50) or more in a calendar month on behalf of another, or while acting as the intermediary or agent of another…
- § 87314 (a) A board, commission, or agency of a public pension or retirement system shall attach to its Conflict of Interest Code an appendix entitled “Agency…
ARTICLE 3.5. Multiagency Filers § 87350 · 1 section
- § 87350 (a) Notwithstanding any other provision of this title, a person required to file more than one assuming office statement, statement of economic interests, or…
ARTICLE 4. Disqualification of Former Officers and Employees §§ 87400–87410 · 13 sections
- § 87400 Unless the contrary is stated or clearly appears from the context, the definitions set forth in this section shall govern the interpretation of this article.…
- § 87401 A former state administrative official, after the termination of the official’s employment or term of office, shall not, for compensation, act as agent or…
- § 87402 A former state administrative official, after the termination of the official’s employment or term of office shall not, for compensation, aid, advise, counsel,…
- § 87403 The prohibitions contained in Sections 87401 and 87402 shall not apply: (a) To prevent a former state administrative official from making or providing a…
- § 87404 Upon the petition of any interested person or party, the court or the presiding or other officer, including but not limited to a hearing officer serving…
- § 87405 The requirements imposed by this article shall not apply to any person who left government service prior to the effective date of this article except that any…
- § 87406 (a) This section shall be known, and may be cited, as the Milton Marks Postgovernment Employment Restrictions Act of 1990. (b) (1) Except as provided in…
- § 87406.1 (a) For purposes of this section, “district” means an air pollution control district or air quality management district and “district board” means the…
- § 87406.3 (a) A local elected official, chief administrative officer of a county, city manager, or general manager or chief administrator of a special district who held…
- § 87407 A public official shall not make, participate in making, or use the public official’s official position to influence, any governmental decision directly…
- § 87408 (a) A member of the Board of Administration of the Public Employees’ Retirement System, an individual in a position designated in subdivision (a) or (e) of…
- § 87409 (a) A member of the Board of Administration of the Public Employees’ Retirement System, an individual in a position designated in subdivision (a) or (e) of…
- § 87410 (a) A member of the Board of Administration of the Public Employees’ Retirement System or an individual in a position designated in subdivision (a) or (e) of…
ARTICLE 4.5. Disqualification of State Officers and Employees § 87450 · 1 section
- § 87450 (a) In addition to the provisions of Article 1 (commencing with Section 87100), a state administrative official shall not make, participate in making, or use…
ARTICLE 4.6. Loans to Public Officials §§ 87460–87462 · 3 sections
- § 87460 (a) An elected officer of a state or local government agency shall not, from the date of the elected officer’s election to office through the date that the…
- § 87461 (a) Except as set forth in subdivision (b), an elected officer of a state or local government agency shall not, from the date of the elected officer’s election…
- § 87462 (a) Except as set forth in subdivision (b), a personal loan shall become a gift to the debtor for the purposes of this title in the following circumstances:…
ARTICLE 5. Filing §§ 87500–87505 · 5 sections
- § 87500 (a) (1) A statement of economic interests filed by a public official, for whom the Commission is the filing officer, shall be filed with the Commission using…
- § 87500.2 (a) An agency may permit the electronic filing of a statement of economic interests required by Article 2 (commencing with Section 87200) or Article 3…
- § 87500.3 (a) The Commission may develop and operate an online system for filing statements of economic interests required by Article 2 (commencing with Section 87200)…
- § 87500.4 (a) If the Commission establishes an online system pursuant to Section 87500.3, the Commission shall specify which categories of persons described in Section…
- § 87505 Each city clerk or county clerk who maintains an Internet Web site shall post on that Internet Web site a notification that includes all of the following: (a)…
CHAPTER 8. Ballot Pamphlet §§ 88000–88007 · 10 sections
- § 88000 There shall be a state voter information guide which shall be prepared by the Secretary of State.
- § 88001 The state voter information guide shall contain all of the following: (a) A complete copy of each state measure. (b) A copy of the specific constitutional or…
- § 88002 The state voter information guide shall contain as to each state measure to be voted upon, the following in the order set forth in this section: (a) (1) Upon…
- § 88002.5 (a) The state voter information guide shall also contain a section, located near the front of the guide, that provides a concise summary of the general meaning…
- § 88003 The Legislative Analyst shall prepare an impartial analysis of the measure describing the measure and including a fiscal analysis of the measure showing the…
- § 88004 Measures shall be printed in the state voter information guide, so far as possible, in the same order, manner, and form in which they are designated upon the…
- § 88005 The state voter information guide shall be printed according to the following specifications: (a) The guide shall be printed in clear readable type, no less…
- § 88005.5 The Legislative Counsel shall prepare and proofread the texts of all measures and the provisions which are repealed or revised.
- § 88006 Not less than 20 days before submitting the copy for the state voter information guide to the State Printer, the Secretary of State shall make the copy…
- § 88007 Notwithstanding the provisions of Section 81012, the Legislature may without restriction amend this chapter to add to the state voter information guide…
CHAPTER 9. Incumbency §§ 89000–89003 · 4 sections
- § 89000 Any provision of law to the contrary notwithstanding, the order of names of candidates on the ballot in every election shall be determined without regard to…
- § 89001 No newsletter or other mass mailing shall be sent at public expense.
- § 89002 (a) Except as provided in subdivision (b), a mailing is prohibited by Section 89001 if all of the following criteria are met: (1) An item sent is delivered, by…
- § 89003 Notwithstanding subdivision (b) of Section 89002, a mass mailing, as defined in Section 82041.5, that meets the criteria of subdivision (a) of Section 89002…
CHAPTER 9.5. Ethics §§ 89500–89522 · 26 sections
- § 89500 This chapter shall be known and may be cited as the Ethics in Government Act of 1990.
ARTICLE 1. Honoraria §§ 89501–89502 · 2 sections
- § 89501 (a) For purposes of this chapter, “honorarium” means, except as provided in subdivision (b), any payment made in consideration for any speech given, article…
- § 89502 (a) An elected state officer, elected officer of a local government agency, or other individual specified in Section 87200 shall not accept any honorarium. (b)… see note
ARTICLE 2. Gifts §§ 89503–89504.8 · 4 sections
- § 89503 (a) An elected state officer, elected officer of a local government agency, or other individual specified in Section 87200 shall not accept gifts from any… see note
- § 89503.5 A gift is both “received” and “accepted” when the public official, or the official’s immediate family member, knowingly takes actual possession of the gift, is…
- § 89504 (a) The services of a California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by an…
- § 89504.8 (a) The services of a policy fellow provided by an association are not a gift to a state elective or appointive officer for the purposes of this article. (b)…
ARTICLE 3. Travel § 89506 · 1 section
- § 89506 (a) Payments, advances, or reimbursements for travel, including actual transportation and related lodging and subsistence that is reasonably related to a…
ARTICLE 4. Campaign Funds §§ 89510–89522 · 18 sections
- § 89510 (a) A candidate for elective state office may only accept contributions within the limits provided in Chapter 5 (commencing with Section 85100). (b) All…
- § 89511 (a) This article applies to campaign funds held by candidates for elective office, elected officers, controlled committees, ballot measure committees,…
- § 89511.5 (a) An incumbent elected officer may utilize the incumbent elected officer’s personal funds for expenditures authorized by subdivision (b) of Section 89510… see note
- § 89512 (a) An expenditure to seek office is within the lawful execution of the trust imposed by Section 89510 if it is reasonably related to a political purpose. An…
- § 89512.5 (a) Subject to the provisions of subdivision (b), any expenditure by a committee not subject to the trust imposed by subdivision (b) of Section 89510 shall be…
- § 89513 This section governs the use of campaign funds for the specific expenditures set forth in this section. It is the intent of the Legislature that this section…
- § 89514 (a) Expenditures of campaign funds for attorney’s fees and other costs in connection with administrative, civil, or criminal litigation are not directly…
- § 89515 Campaign funds may be used to make donations or loans to bona fide charitable, educational, civic, religious, or similar tax-exempt, nonprofit organizations,…
- § 89516 Notwithstanding Sections 89512 and 89513, this section governs the use of campaign funds for vehicle expenses. (a) Campaign funds shall not be used to purchase…
- § 89517 (a) Campaign funds shall not be used for payment or reimbursement for the lease of real property or for the purchase, lease, or refurbishment of any appliance…
- § 89517.5 (a) (1) For purposes of this section, “security expenses” include all of the following: (A) The reasonable costs of installing and monitoring a home or office… see note
- § 89517.6 Notwithstanding Section 89517, campaign funds may be used to pay for, or reimburse the state for, the costs of installing and monitoring hardware, software, or… see note
- § 89518 (a) Campaign funds shall not be used to compensate a candidate or elected officer for the performance of political, legislative, or governmental activities,…
- § 89519 (a) Upon the 90th day after leaving an elective office, or the 90th day following the end of the postelection reporting period following the defeat of a…
- § 89519.5 (a) An officeholder who is convicted of a felony enumerated in Section 20 of the Elections Code, and whose conviction has become final, shall use funds held by…
- § 89520 The remedies provided in Chapter 11 (commencing with Section 91000) shall not apply to violations of this chapter.
- § 89521 (a) Any person who makes or receives an honorarium, gift, or expenditure in violation of this chapter is liable in a civil action brought by the commission for…
- § 89522 This chapter shall not be construed to permit an expenditure of campaign funds prohibited by Section 18680 of the Elections Code.
CHAPTER 10. Auditing §§ 90000–90009 · 10 sections
- § 90000 Except as provided in Section 90006, the Franchise Tax Board shall make audits and field investigations with respect to the following: (a) Reports and…
- § 90001 Audits and investigations shall be made pursuant to Section 90000 with respect to the reports and statements of: (a) Each lobbying firm and each lobbyist… see note
- § 90002 (a) The scope of audits and investigations under Section 90001 is as follows: (1) Audits and investigations of lobbying firms and employers of lobbyists shall… see note
- § 90003 In addition to the audits and investigations required by Section 90001, the Franchise Tax Board and the Commission may make investigations and audits with…
- § 90004 (a) The Franchise Tax Board shall periodically prepare reports, which, except as otherwise provided in this section, shall be sent to the Commission, the…
- § 90005 A member, employee, or agent of the Franchise Tax Board or the Commission shall not divulge or make known in any manner the particulars of any record,…
- § 90006 Audits and field investigations of candidates for Controller and member of the Board of Equalization and of committees supporting such candidates shall be made…
- § 90007 (a) The commission shall adopt auditing guidelines and standards which shall govern audits and field investigations conducted under Section 90001. The…
- § 90008 (a) It is the intent of the Legislature that the people of California have timely access to information concerning the campaign contributions and expenditures…
- § 90009 (a) To further the purposes of this title, the Commission may seek injunctive relief in a superior court to compel disclosure consistent with this title. (b) A…
CHAPTER 11. Enforcement §§ 91000–91014 · 22 sections
- § 91000 (a) Any person who knowingly or willfully violates any provision of this title is guilty of a misdemeanor. (b) In addition to other penalties provided by law,…
- § 91000.5 An administrative action brought pursuant to Chapter 3 (commencing with Section 83100) alleging a violation of any of the provisions of this title shall not be…
- § 91001 (a) The Attorney General is responsible for enforcing the criminal provisions of this title with respect to state agencies, lobbyists and state elections. The…
- § 91001.5 In any case in which a district attorney could act as the civil or criminal prosecutor under the provisions of this title, the elected city attorney of any…
- § 91002 No person convicted of a misdemeanor under this title shall be a candidate for any elective office or act as a lobbyist for a period of four years following…
- § 91003 (a) Any person residing in the jurisdiction may sue for injunctive relief to enjoin violations or to compel compliance with the provisions of this title. The…
- § 91003.5 Any person who violates a provision of Article 2 (commencing with Section 87200), 3 (commencing with Section 87300), or 4.5 (commencing with Section 87450) of…
- § 91004 Any person who intentionally or negligently violates any of the reporting requirements of this title shall be liable in a civil action brought by the civil…
- § 91005 (a) Any person who makes or receives a contribution, gift, or expenditure in violation of Section 84300, 84304, 86203, or 86204 is liable in a civil action…
- § 91005.5 Any person who violates any provision of this title, except Sections 84305, 84307, and 89001, for which no specific civil penalty is provided, shall be liable…
- § 91006 If two or more persons are responsible for any violation, they shall be jointly and severally liable.
- § 91007 (a) Any person, before filing a civil action pursuant to Sections 91004 and 91005, must first file with the civil prosecutor a written request for the civil…
- § 91008 Not more than one judgment on the merits with respect to any violation may be obtained under Sections 91004 and 91005. Actions brought for the same violation…
- § 91008.5 No civil action may be filed under Section 91004, 91005, or 91005.5 with regard to any person for any violations of this title after the commission has issued…
- § 91009 In determining the amount of liability under Sections 91004 or 91005, the court may take into account the seriousness of the violation and the degree of…
- § 91010 No request to the civil prosecutor pursuant to Section 91007 shall be made or filed in connection with a report or statement required by Chapter 4 (commencing… see note
- § 91011 (a) A civil action alleging a violation in connection with a report or statement required by Chapter 4 (commencing with Section 84100) shall not be filed more… see note
- § 91012 The court may award to a plaintiff or defendant other than an agency, who prevails in any action authorized by this title, that party’s costs of litigation,…
- § 91013 (a) (1) Except as provided in paragraphs (2) to (4), if any person files an original statement or report after any deadline imposed by this act, the person… see note
- § 91013.5 (a) In addition to any other available remedies, the commission or the filing officer may bring a civil action and obtain a judgment in superior court for the…
- § 91013.7 (a) If the time for judicial review of a final Commission order or decision has lapsed, or if all means of judicial review of the order or decision have been…
- § 91014 Nothing in this chapter shall exempt any person from applicable provisions of any other laws of this state.