| Summary |
The bill modifies campaign finance requirements contained in the
Fair Campaign Practices Act that are related to prohibitions on lobbyist
contributions and reporting and disclosure requirements for independent
expenditures, electioneering communications, federal committees, and
nonprofit entities.
Prohibition on lobbyist contributions (section 2 of the bill). A
lobbyist is prohibited from soliciting, making, or promising to make a
contribution to an elected official or candidate for the following state
offices: members of the general assembly, the governor or lieutenant
governor, the secretary of state, the state treasurer, or the attorney general.
Current law applies this prohibition only when the general assembly is in
regular session or when any measure adopted by the general assembly in
a regular session is pending before the governor for approval or
disapproval. The bill changes current law so that the prohibition on
lobbyist contributions applies throughout the year, regardless of whether
the general assembly is in session, and also extends this prohibition to
cover any individual who has been a professional lobbyist within the
preceding 6 months.
Reporting and disclosure requirements for independent
expenditures, electioneering communications, federal committees,
and nonprofit entities. The state constitution defines an electioneering
communication to mean certain communication that unambiguously
refers to a candidate and that is disseminated to the public within 30 days
before a primary election or within 60 days before a general election.
Senate Bill 19-086, enacted in 2019, expanded the definition of this term
for purposes of campaign finance disclosures to include any
communication that satisfies all other requirements specified in the state
constitution but that is disseminated between the primary election and the
general election. The bill further expands this definition for purposes of
campaign finance disclosures to include any communication that satisfies
all other requirements specified in the state constitution but that is
disseminated within 90 days prior to a primary election (sections 1, 4, and
7).
The state constitution defines an independent expenditure to
mean any purchase, payment, distribution, loan, advance, deposit, or gift
of money by any person for the purpose of expressly advocating the
election or defeat of a candidate or supporting or opposing a ballot issue
or ballot question and that is not controlled by or coordinated with a
candidate or agent of a candidate. Under existing law, any person making
an independent expenditure in excess of $1,000 within 30 days before a
primary, general, or regular biennial school election is required to file a
report within 48 hours after obligating money for the independent
expenditure. The bill expands this requirement to cover the 90 days
before a primary, general, or regular biennial school election and the
period between the primary and general elections and shortens the time
for the filing of this report to within 24 hours after obligating money for
the independent expenditure (section 3).
Existing law requires a disclosure on any communication that
constitutes an expenditure in excess of $1,000. This disclosure must
include the name of the person paying for the communication and, if the
person paying for the communication is not a natural person, must
identify a natural person who is the registered agent of the nonnatural
person. The bill requires that this disclosure statement also identify the
names of the 3 persons that have contributed the most money to the
person identified as paying for the communication for the purpose of
making the communication (section 3).
The bill also requires a written affirmation from any committee
registered with the federal election commission (federal committee) that
contributes, donates, or transfers $1,000 or more to any committee that is
required to report or register under the Fair Campaign Practices Act
(section 6). The bill prohibits any committee from accepting such a
contribution, donation, or transfer unless the federal committee provides
a written affirmation that includes, as applicable:
•
The name, address, and identification number of the federal
committee;
•
The name and address of the treasurer of the federal
committee;
•
The amount and recipient of the contribution, donation, or
transfer; and
•
A list of any person that transferred $1,000 or more to the
federal committee, which includes the person's name and
address and, if the person is a natural person, the person's
occupation and employer.
In addition, the bill requires a written affirmation from any
nonprofit entity that contributes, donates, or transfers $1,000 or more to
an issue committee, independent expenditure committee, or political
organization (section 5). The bill prohibits any such committee or
organization from accepting a contribution, donation, or transfer from a
nonprofit entity unless the nonprofit entity provides a written affirmation
that includes, as applicable:
•
The name and address of the nonprofit entity;
•
The name and address of the registered agent of the
nonprofit entity;
•
The amount and recipient of the contribution, donation, or
transfer; and
•
A list of any person that is not a natural person and that
donated $1,000 or more to the nonprofit entity, which
includes the person's name and address.
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