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SB-397 Political Reform Act: preelection statements.(1991-1992)

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SB397:v93#DOCUMENT

Senate Bill No. 397
CHAPTER 505

An act to amend Section 84200.5 of the Government Code, relating to the Political Reform Act of 1974.

[ Filed with Secretary of State  October 07, 1991. Approved by Governor  October 05, 1991. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 397, Russell. Political Reform Act: preelection statements.
Under the Political Reform Act of 1974, all elected state officers are required to file preelection statements during even-numbered years.
This bill would instead provide that only candidates for elective state office being voted upon on the first Tuesday after the first Monday in June or November of an even-numbered year or who make contributions or independent expenditures, as specified, are required to file preelection statements.
This bill would also provide that candidates who are not being voted upon after the first Tuesday after the first Monday in November are not required to file preelection statements unless they make contributions or independent expenditures, as specified.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes with a 2/3 vote of each house and compliance with specified procedural requirements.
This bill, which would declare that it furthers the purposes of the act, would therefore require a 2/3 vote.

The people of the State of California do enact as follows:


SECTION 1.

 Section 84200.5 of the Government Code is amended to read:

84200.5.
 In addition to the campaign statements required by Section 84200, elected officers, candidates, and committees shall file preelection statements as follows:
(a)  During an even-numbered year all candidates for elective state office being voted upon on the first Tuesday after the first Monday in June or November, their controlled committees, and committees primarily formed to support or oppose an elected state officer or a state candidate being voted upon on the first Tuesday after the first Monday in June or November and all elected state officers who, during the reporting periods covered by Section 84200.7, contribute to any committee required to report receipts, expenditures, or contributions pursuant to this title, or make an independent expenditure, shall file the preelection statements specified in Section 84200.7. However, a candidate who is not being voted upon in the November election, his or her controlled committee, and any committee primarily formed to support or oppose that candidate is not required to file statements in connection with the November election pursuant to subdivision (b) of Section 84200.7, unless, during the reporting periods covered by Section 84200.7, the candidate, his or her controlled committee, or any committee primarily formed to support or oppose that candidate contributes to any committee required to report receipts, expenditures, or contributions pursuant to this title or makes independent expenditures.
(b)  During an even-numbered year, all candidates not specified in subdivision (a) who are being voted upon on the first Tuesday after the first Monday in June or November, their controlled committees, and committees primarily formed to support or oppose those candidates or a measure being voted upon on the first Tuesday after the first Monday in June or November of an even-numbered year shall file the preelection statements specified in subdivision (a) of Section 84200.7 in the case of a June election, or subdivision (b) of Section 84200.7 in the case of a November election.
(c)  All candidates being voted upon on a date other than the first Tuesday after the first Monday in June or November of an even-numbered year, their controlled committees, and committees primarily formed to support or oppose a candidate or a measure being voted upon on a date other than the first Tuesday after the first Monday in June or November of an even-numbered year shall file the preelection statements specified in Section 84200.8.
(d)  During an even-numbered year, state and county general purpose committees formed pursuant to subdivision (a) of Section 82013 shall file the statements specified in Section 84200.7 if they make contributions or independent expenditures totaling five hundred dollars ($500) or more during the period covered by the preelection statement. State and county general purpose committees formed pursuant to subdivision (b) or (c) of Section 82013 are not required to file the statements specified in Section 84200.7.
(e)  City general purpose committees shall file statements as follows:
(1)  City general purpose committees in a city which has an election on the first Tuesday after the first Monday in June or November of an even-numbered year shall file the statements specified in subdivision (a) or (b) of Section 84200.7 for the six-month period in which the city election is held, if they make contributions or independent expenditures totaling five hundred dollars ($500) or more during the period covered by the preelection statement.
(2)  City general purpose committees in a city which has an election on a date other than the first Tuesday after the first Monday in June or November of an even-numbered year shall file the preelection statements specified in Section 84200.8 if they make contributions or independent expenditures totaling five hundred dollars ($500) or more during the period covered by the preelection statement.
(f)  Committees formed or existing primarily to support or oppose the qualification of a ballot measure and proponents of a state ballot measure who control a committee formed or existing primarily to support the qualification of a measure shall file a campaign statement 21 days after any petitions are filed, or 21 days after the deadline for filing petitions, whichever is earlier. The closing date for the period covered by this statement shall be seven days prior to the deadline for filing the statement.

SEC. 2.

 The Legislature finds and declares that the provisions of this act further the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.