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SB-1103 Political Reform Act of 1974: candidacy for elective state office.(2013-2014)



Current Version: 08/14/14 - Amended Assembly

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SB1103:v93#DOCUMENT

Amended  IN  Assembly  August 14, 2014
Amended  IN  Assembly  August 07, 2014
Amended  IN  Assembly  July 01, 2014
Amended  IN  Assembly  June 17, 2014
Amended  IN  Senate  May 27, 2014
Amended  IN  Senate  May 15, 2014

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Senate Bill
No. 1103

Introduced by Senator Padilla

February 19, 2014

An act to add Section 85201.5 to the Government Code, relating to the Political Reform Act of 1974.


LEGISLATIVE COUNSEL'S DIGEST


SB 1103, as amended, Padilla. Political Reform Act of 1974: candidacy for elective state office.
The Political Reform Act of 1974 requires an individual to file a statement of intention to be a candidate for an elective office, signed under penalty of perjury, prior to soliciting or receiving a contribution or loan. The act requires the individual to establish one campaign contribution account, as specified, upon filing the statement of intention to be a candidate.
This bill would provide that, if an individual files a statement of intention to be a candidate for elective state office, the filing of a subsequent statement of intention to be a candidate for a different elective state office to be voted upon at the same election would effect a revocation of the prior statement of intention to be a candidate, except as provided, and the individual would thereafter be prohibited from soliciting or receiving a contribution or loan for the elective state office for which he or she previously filed a statement of intention to be a candidate. The bill would prohibit an individual from filing, and the Secretary of State from accepting, a statement of intention to be a candidate for an Assembly, Senate, or other constitutional office at an election other than the next election or next 2 regularly scheduled elections at which that office will appear on the ballot, as specified.
A violation of the act’s provisions is punishable as a misdemeanor. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
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.
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 2/3 vote of each house and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 85201.5 is added to the Government Code, to read:

85201.5.
 (a) (1) (A)Except as provided in paragraph (2), if If an individual has previously filed a statement of intention to be a candidate for an elective state office pursuant to Section 85200, the subsequent filing of a statement of intention to be a candidate for a different elective state office to be voted upon at the same election shall constitute a revocation of the previously filed statement of intention to be a candidate, and the individual shall not thereafter solicit or receive a contribution or loan for the elective state office for which he or she previously filed a statement of intention to be a candidate.

(B)

(2) A revocation pursuant to this paragraph subdivision shall become effective 31 days after the filing of a subsequent statement of intention to be a candidate for a different elective state office.

(C)

(3) If a revocation pursuant to this paragraph subdivision becomes effective, any remaining funds in the campaign contribution account associated with the revoked statement of intention to be a candidate shall be treated as surplus funds pursuant to Section 89519.

(2)If a candidate for the office of Member of the Assembly files a subsequent statement of intention to be a candidate for the office of state Senator or any office identified in subdivision (f) of Section 14 of Article V of the California Constitution, and that office is to be voted upon at a separate election, the filing of the subsequent statement of intention to be a candidate shall not constitute a revocation of the previously filed statement of intention to be a candidate.

(b) An individual shall not file, and the Secretary of State shall not accept, either of the following:
(1) A statement of intention to be a candidate for the office of Member of the Assembly at an election other than the next two regularly scheduled elections at which that office will appear on the ballot.
(2) A statement of intention to be a candidate for an elective state office other than the office of Member of the Assembly at an election other than the next regularly scheduled election at which that elective state office will appear on the ballot.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

SEC. 3.

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