Campaign finance requirements in California

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California campaign finance requirements govern the following:

  • how much money candidates may receive from individuals and organizations,
  • how much and how often they must report those contributions, and
  • how much individuals, organizations and political parties may contribute to campaigns.

In addition to direct campaign contributions, campaign finance laws also apply to third-party organizations and nonprofit organizations that seek to influence elections through independent expenditures or issue advocacy.

As of May 2015, individuals, corporations, and unions were all limited in their contributions to individual candidates: they could contribute no more than $28,200 to candidates for Governor, no more than $7,000 to statewide candidates, and no more than $4,200 to candidates for the State Senate or Assembly. All of these donors could make unlimited contributions to ballot measure campaigns.

Background

Seal of the United States Federal Election Commission

The Federal Election Commission (FEC) is the independent regulatory agency that administers and enforces federal campaign election laws. The FEC is responsible for disclosing campaign finance information, enforcing limits and prohibitions on contributions, and overseeing public funding of presidential elections.[1] According to the FEC, an individual becomes a federal candidate and must begin reporting campaign finances once he or she has either raised or spent $5,000 in his or her campaign. Within fifteen days of this benchmark, the candidate must register with the FEC and designate an official campaign committee, which is responsible for the funds and expenditures of the campaign. This committee must have an official treasurer and cannot support any candidate but the one who registered it. Detailed financial reports are then made to the FEC every financial quarter after the individual is registered. Reports are also made before primaries and before the general election.[2]

The Supreme Court of the United States has issued a number of rulings pertaining to federal election campaign finance regulations. In the 2010 Citizens United v. Federal Election Commission decision, the court held that corporate funding of independent political broadcasts in candidate elections cannot be limited. The court's decision also overturned the ban on for-profit and not-for-profit corporations and unions broadcasting electioneering communications in the 30 days before a presidential primary and in the 60 days before a general election.[3] In the SpeechNOW.org v. Federal Election Commission decision, the first application of the Citizens United decision, the court held that contribution limits on what individuals could give to independent expenditure-only groups, and the amount these organizations could receive, were unconstitutional. Contribution limits on donations directly to candidates, however, remained unchanged.[4][5] In 2014's McCutcheon v. Federal Election Commission decision, the court overturned biennial aggregate campaign contribution limits, and held that individuals may contribute to as many federal candidates as they want, but may only contribute up to the federal limit in each case.[6]

While the FEC governs federal election campaigns and contribution limits, individual states enforce their own regulation and reporting requirements. Regulations vary by state, as do limits on campaign contributions and third-party activities to influence elections.

Contribution limits

The table below details contribution limits as they applied to various types of individuals and groups in California as of May 2015.[7] A small contributor committee is defined as follows:[8]

“ Any committee that meets all of the following criteria:

(a) The committee has been in existence for at least six months.
(b) The committee receives contributions from 100 or more persons.
(c) No one person has contributed to the committee more than $200 per calendar year.
(d) The committee makes contributions to five or more candidates.[9]

”
—California Fair Political Practices Commission
California contribution limits as of May 2015
Individuals Single candidates committees PACs Small contributor committee Political party Super PACs Corporations Unions
Governor $28,200 $4,200 $28,200 $28,200 unlimited $0 $28,200 $28,200
Statewide candidate $7,000 $4,200 $7,000 $14,100 unlimited $0 $7,000 $7,000
Senate $4,200 $4,200 $4,200 $8,500 unlimited $0 $4,200 $4,200
Assembly $4,200 $4,200 $4,200 $8,500 unlimited $0 $4,200 $4,200
PAC $7,000 $7,000 $7,000 $7,000 $7,000 $0 $7,000 $7,000
Party committees $35,200 $35,200 $35,200 $35,200 $35,200 $0 $35,200 $35,200
Small contributor committee $200 $200 $200 $200 $200 $0 $200 $200
Ballot measures unlimited 4,200 unlimited unlimited unlimited $0 unlimited unlimited
Sources: California Fair Political Practices Commission, "California State Contribution Limits," accessed May 25, 2015

Candidate requirements

Seal of California

DocumentIcon.jpg See statutes: California Government Code, Section 85200-85201

Candidates seeking a federal office must file with the Federal Election Commission. Reporting details for federal candidates are not included in this section. Candidates seeking a state office should file all campaign finance documents with the California Secretary of State Political Reform Division.[10]

Reporting requirements

Before raising or spending any money related to the campaign, including personal funds, the candidate must file a Candidate Intention Statement (Form 501).[10][11]

If $1,000 or more is raised or spent for the campaign, a Statement of Organization (Form 410) and Recipient Committee Campaign Statements (Form 460) must be filed. The candidate must also open a separate bank account for campaign funds.[10][11]

The Statement of Organization (Form 410) designates a committee that will be in charge of the candidate’s campaign finances. The candidate must set up a new committee every election, even in the case of re-election. The form must be filed within 10 days of raising or spending $1,000. A committee that qualifies during the last 16 days before the election must file the Statement of Organization within 24 hours of qualifying. It must be filed by fax, guaranteed overnight delivery, or personal delivery.[10]

Recipient Committee Campaign Statements (Form 460) are filed throughout the election year. Semi-annual statements are due January 31 and July 31. The statement due January 31 covers financial activity from July 1 through December 31 of the prior, and the statement due July 31 covers financial activity from January 1 through June 30. These statements are due after a committee has been organized. A committee formed after January 1 is not required to file a statement covering any part of the prior year.[12]

Pre-election statements are filed before the election in which the candidate is listed on the ballot. There are two of these covering financial activity prior to both the primary and general elections. A candidate who does not appear on the ballot because he or she is running unopposed is not required to file pre-election statements. The committee of a candidate who lost in the primary election is only required to file pre-election statements for the general election if the committee makes contributions or independent expenditures to support or oppose another candidate, committee, or ballot measure during the period covered by the statement.

Original statements must be filed with the California Secretary of State. Copies must also be filed with the Registrar-Recorder of Los Angeles County and the Elections Department in San Francisco. A candidate for state executive office must also file in his or her home county. A state legislative must file in the county with the largest number of voters in the district and with his or her home county.

If less than $1,000 is raised or spent on the campaign in a calendar year, not including personal funds used to pay filing fees, an Officeholder/Candidate Campaign Statement—Short Form (Form 470) must be filed once per year as long as funds for the campaign remain under $1,000. The deadline for this form is the same as the deadline for the first semi-annual statement or the first pre-election statement, whichever occurs first. In addition to filing with the Political Reform Division, a copy of the Officeholder/Candidate Campaign Statement--Short Form (Form 470) must be filed with additional offices.. These additional offices vary depending on the office sought. A candidate for state executive office, such as governor or treasurer, must file a copy with the Registrar-Recorder of Los Angeles County, the Elections Department in San Francisco, and the candidate's home county. A state legislative candidate must file a copy in the county with the largest number of voters in the candidate's district and with his or her home county.[10][11]

If a candidate’s committee receives contributions or makes expenditures totaling $50,000 or more, the committee is required to file all Recipient Committee Campaign Statements electronically. After reaching that $50,000 threshold, a candidate must also file Election Cycle Reports and $5,000 Reports.[12]

  • Election Cycle Reports must be filed electronically if a candidate's committee receives a contribution of $1,000 or more from a single contributor during the 90-day election cycle. These reports are due within 24 hours of receiving such a contribution.[12]
  • $5,000 Reports must be filed electronically if a candidate's committee receives a contribution of $5,000 or more from a single contributor, including a small contributor committee, at any time other than during an election cycle. These reports must be filed within 10 days of receiving such a contribution.[12]

Campaign finance legislation

The following is a list of recent campaign finance bills that have been introduced in or passed by the California state legislature. To learn more about each of these bills, click the bill title. This information is provided by BillTrack50 and LegiScan.

Note: Due to the nature of the sorting process used to generate this list, some results may not be relevant to the topic. If no bills are displayed below, no legislation pertaining to this topic has been introduced in the legislature recently.


Election and campaign ballot measures

See also: Elections and campaigns on the ballot and List of California ballot measures

Ballotpedia has tracked 91 statewide ballot measures relating to elections and campaigns.

  1. California Proposition 198, Open Blanket Primary Election Initiative (March 1996)
  2. California Proposition 226, Ban on Political Contributions from Payroll Deductions Initiative (June 1998)
  3. California Proposition 3, Closed Presidential Primaries Measure (1998)
  4. California Proposition 208, Campaign Contribution and Spending Limits Initiative (1996)
  5. California Proposition 219, Uniform Application of Ballot Measures Amendment (June 1998)
  6. California Proposition 23, None of the Above Option on Ballots Initiative (March 2000)
  7. California Proposition 34, State Elective Office Campaign Contribution Limits Measure (2000)
  8. California Proposition 62, Top-Two Primaries Initiative (2004)
  9. California Proposition 15, Biennial Lobbyist Fee and Public Campaign Funding Measure (June 2010)
  10. California Proposition 14, Top-Two Primaries Amendment (June 2010)
  11. California Proposition 131, Term Limits and Campaign Finance Limits Initiative (1990)
  12. California Proposition 136, Changes to Vote Requirements for New or Increased Taxes Initiative (1990)
  13. California Proposition 137, Voter Approval for Certain Rules Governing Initiatives Amendment (1990)
  14. California Proposition 77, Changes to Legislative and Congressional Redistricting Initiative (2005)
  15. California Proposition 60, Political Parties to Participate in Primaries and General Elections Amendment (2004)
  16. California Proposition 20, Congressional Redistricting Initiative (2010)
  17. California Proposition 41, County Voting Equipment Bond Measure (March 2002)
  18. California Proposition 89, Public Campaign Finance Program, Campaign Finance Limits, and Increased Corporate Tax Initiative (2006)
  19. California Proposition 4, Primary Partisanship Referendum (1916)
  20. California Proposition 2, Ballot Regulations Referendum (October 1915)
  21. California Proposition 6, Naturalized Citizens Voting Eligibility Amendment (June 1972)
  22. California Proposition 23, Election Decisions Amendment (1914)
  23. California Proposition 18, Voter Qualifications Amendment (1924)
  24. California Proposition 6, Publication of Bond Propositions Amendment (1958)
  25. California Proposition 8, Habitancy Requirement for the Presidential Election Amendment (1958)
  26. California Proposition 2, Terms of Assembly Members Amendment (1960)
  27. California Proposition 8, Voting Prohibition for Those Serving a Sentence Amendment (1960)
  28. California Proposition 21, Incumbents for Superior Courts Amendment (1962)
  29. California Proposition 8, Elections of Superior Court Judges Amendment (1964)
  30. California Proposition 15, Exemption From Voter Education Requirement Amendment (1966)
  31. California Proposition 23, Election Results Amendment (1926)
  32. California Proposition 25, Voter Eligibility Amendment (1930)
  33. California Proposition 22, Municipal Charter Amendments Amendment (1930)
  34. California Proposition 4, Election Returns for Governor and Lieutenant Governor Amendment (1940)
  35. California Proposition 7, County Board of Education Amendment (1946)
  36. California Proposition 8, Superior Court Vacancies Amendment (1948)
  37. California Proposition 13, Requirement to be a Political Party Candidate Initiative (1952)
  38. California Proposition 7, Political Party Affiliation on the Ballot Measure (1952)
  39. California Proposition 43, Constitutional Right to Have One's Vote Counted Amendment (March 2002)
  40. California Proposition 49, Prohibition of Political Party Endorsements for Nonpartisan Candidates Amendment (June 1986)
  41. California Proposition 20, County Charter Officials Amendment (1932)
  42. California Proposition 19, City and City and County Charters Amendment (1932)
  43. California Proposition 7, Voter Eligibility Requirements Amendment (1948)
  44. California Proposition 4, Voter Eligibility Amendment (1950)
  45. California Proposition 32, Ban on Political Contributions from Payroll Deductions Initiative (2012)
  46. California Proposition 6, Boards of Education Amendment (June 1970)
  47. California Non-Profit Donor Disclosure Initiative (2014)
  48. California Nonpartisan Ballots Initiative (2016)
  49. California Senatorial Elections, Proposition 1 (1892)
  50. California Voter Qualifications, Proposition 3 (1892)
  51. California Elections by Ballot, Amendment 2 (1896)
  52. California Election of County Officers, Amendment 5 (1896)
  53. California Direct Primaries, Amendment 3 (1908)
  54. California Proposition 17, County and Municipal Vote Requirements Amendment (October 1911)
  55. California Proposition 47, Prohibition Elections Initiative (1914)
  56. California Proposition 21, Incurring Indebtedness Propositions Amendment (1926)
  57. California Proposition 16, Require Supermajority Voter Approval to Expand Utility Services Initiative (June 2010)
  58. California Proposition 17, Car Insurance Rates Based on Coverage History Initiative (June 2010)
  59. California Proposition 27, Elimination of Citizens Redistricting Commission Initiative (2010)
  60. California Proposition 45, Local Legislative Option to Extend Term Limits via Petition Amendment (March 2002)
  61. California Proposition 44, Chiropractic License Revocation for Insurance Fraud Measure (March 2002)
  62. California Proposition 212, Campaign Spending and Contribution Limits Initiative (1996)
  63. California Proposition 6, Municipal Charter Changes Amendment (October 1911)
  64. California Proposition 4, Judicial Vacancies Term Amendment (October 1915)
  65. California Proposition 8, Voter Registration Amendment (1936)
  66. California Proposition 21, Superior Court Vacancies Amendment (1952)
  67. California Proposition 4, Open Presidential Primaries Amendment (June 1972)
  68. California Proposition 59, Election of District Attorney Amendment (1986)
  69. California Proposition 38, Language for Election Materials Initiative (1984)
  70. California Proposition 7, Changes to Elections Amendment (1972)
  71. California Proposition 4, City Boards of Education Amendment (June 1978)
  72. California Proposition 6, Elections of County Sheriffs Amendment (June 1978)
  73. California Proposition 4, Elections Regarding Low-Income Housing Amendment (June 1980)
  74. California Proposition 66, Elected County Assessor Amendment (June 1988)
  75. California Proposition 9, Political Reform Initiative (June 1974)
  76. California Proposition 20, Candidates Who Engaged in Libelous or Slanderous Behavior Amendment (June 1984)
  77. California Proposition 73, Funds for Election Campaigns Initiative (June 1988)
  78. California Proposition 68, Campaign Contributions Initiative (June 1988)
  79. California Proposition 40, Campaign Finance Initiative (1984)
  80. California Proposition 1, Primary Elections Referendum (October 1915)
  81. California Proposition 10, Abolishment of the Poll Tax Initiative (1914)
  82. California Proposition 11, Alien Poll Tax Amendment (1920)
  83. California Proposition 12, Constitutional Conventions Amendment (1914)
  84. California Proposition 13, Bond Electors Initiative (1914)
  85. California Proposition 13, Educational Poll Tax Amendment (1924)
  86. California Proposition 13, Voter Eligibility and Absentee Voting Amendment (1926)
  87. California Proposition 17, City Charters Amendment (1932)
  88. California Proposition 17, Initiative Election Amendment (1938)
  89. California Proposition 18, Drafting County Charter by Board of Supervisors Amendment (1932)
  90. California Proposition 18, Primary Voting for 17-Year-Olds Amendment (2020)
  91. California Proposition 34, Require Certain Participants in Medi-Cal Rx Program to Spend 98% of Revenues on Patient Care Initiative (2024)

Election-related agencies

See also: Campaign finance agencies in California and State election agencies

Candidates running for office may require some form of interaction with the following agencies:

Secretary of State:

Why: This agency oversees candidate filing and reporting and all election procedures.
1500 - 11th Street, 5th Floor
Sacramento, CA 95814
Telephone: (916) 657-2166
Fax: (916) 653-3214
http://www.sos.ca.gov/

Fair Political Practices Commission:

Why: This agency issues opinions, adopts regulations and investigates violations in regards to the Political Reform Act.
428 J Street, Room 450
Sacramento, CA 95814
Telephone: (916) 322-5660
Fax: (916) 322-3711
Fax-On-Demand: 1-888-622-1151
Email: [email protected]
http://www.fppc.ca.gov/

Counties

See also: Counties in California

Candidates must file a number of documents with the county elections office in the county in which they reside. Individual county contact information can be found below.

Recent news

The link below is to the most recent stories in a Google news search for the terms California campaign finance. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

Campaign finance requirements in California - Google News

See also

Footnotes

  1. ↑ Federal Election Commission, "About the FEC," accessed June 27, 2012
  2. ↑ Federal Election Commission, "Candidate Registration Brochure," accessed December 7, 2012
  3. ↑ New York Times, "Justices, 5-4, Reject Corporate Spending Limit," January 21, 2010
  4. ↑ Federal Election Commission, "Speechnow.org v. FEC," April 7, 2014
  5. ↑ OpenSecrets, "Two Federal Court Rulings Could Change Campaign Finance Landscape," March 26, 2010
  6. ↑ Federal Election Commission, "Ongoing Litigation," accessed March 18, 2015
  7. ↑ vox.com, "Superpacs and dark money," accessed March 17, 2015
  8. ↑ California Fair Political Practices Commission, "California State Contribution Limits," accessed May 25, 2015
  9. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  10. ↑ 10.0 10.1 10.2 10.3 10.4 FPPC Campaign Manual, "Chapter 5 Getting Started," accessed October 21, 2013
  11. ↑ 11.0 11.1 11.2 California Government Code, "Section 85200-85201," accessed October 28, 2013
  12. ↑ 12.0 12.1 12.2 12.3 FPPC Campaign Manual, "Chapter 6 When and Where to File Reports," accessed December 23, 2013
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