AB 808

Bill Subjects

Abstract

(1) The Political Reform Act of 1974 authorizes specified campaign disclosure reports and statements of financial interest to be filed by fax, provided that the required originals or paper copies are sent by first-class mail or by any other personal delivery within 24 hours of the applicable deadline. The act generally authorizes other reports filed by candidates for elective office, committees formed primarily to support or oppose a candidate for public office or a ballot measure, and other entities to be filed by various means, including personal delivery, guaranteed overnight delivery, facsimile transmission, and online transmission. This bill would eliminate the option to file various statements and reports by facsimile transmission and would authorize certain reports to be filed by email. (2) Existing law defines "campaign statement" for purposes of the act to mean an itemized report that is prepared on a form or in a manner prescribed by the Fair Political Practices Commission and that provides specified information. The act requires specified committees to file a statement of organization online or electronically with the Secretary of State. This bill would replace the term "campaign statement" with "campaign report" and the term "statement of organization" with "registration" throughout the act. The bill would further define "campaign report" to mean an itemized report that is prepared in a manner prescribed by the commission. (3) Under the act, if a committee is required to file a campaign statement or report disclosing an independent expenditure, a verification statement must accompany the campaign statement or report, as specified. The bill would clarify that this provision applies to both semiannual and preelection statements disclosing an independent expenditure. (4) Existing law requires the commission to provide a short form for filing reports for candidates and officeholders who receive contributions of less than $2,000, and who make expenditures of less than $2,000, in a calendar year. This bill would repeal that provision. (5) Existing law prohibits a candidate for elective state, county, or city office from personally loaning to the candidate's campaign an amount for which the outstanding balance exceeds $100,000. The act prohibits a candidate from charging interest on any such loan. This bill would remove the $100,000 cap on the outstanding balance of a candidate's personal loan to their campaign. (6) The act requires the Fair Political Practices Commission to annually publish a booklet by March 1 that sets forth the provisions of the act and includes other information that the commission deems pertinent to the interpretation and enforcement of the act. This bill would instead require the commission to annually publish the provisions of the act by that date. (7) The act requires the Secretary of State, in consultation with the Fair Political Practices Commission, to develop online and electronic filing processes for persons and entities that are required to file statements and reports with the Secretary of State's office. Before making the system available for public use, the act requires the Secretary of State to certify that the system meets all statutory requirements. Once all requirements have been met, the act requires the Secretary of State to make public their availability to accept reports online or electronically and authorizes any filer to voluntarily file specified reports and statements with the Secretary of State. This bill would delete the provision regarding the voluntary filing of reports and it would require persons who, and entities that, are required to file online or electronically to file all subsequent reports online or electronically. The bill would make other conforming changes in anticipation of reports being filed online or electronically using the new system. A violation of the Political Reform Act of 1974 is punishable as a misdemeanor. By imposing new requirements on persons and entities filing reports with the new electronic filing system, the bill would expand the scope of a crime and impose a state-mandated local program. (8) This bill would incorporate additional changes to Section 84224 of the Government Code proposed by SB 760, to be operative only if this bill and SB 760 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 89517.5 of the Government Code proposed by AB 789, to be operative only if this bill and AB 789 are enacted and this bill is enacted last. (9) This bill would make its provisions contingent upon the Secretary of State certifying the above-described online electronic filing system for public use. (10) The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes upon a 23 vote of each house of the Legislature and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act. (11) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.