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Political Reform Act 2002

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Political Reform Act 2002 Political Reform Act 2002 Fair Political Practices Commission The Commissioners2 of the California Fair Political Practices Commission* Commission Chair Karen Getman, before appointment Commissioner Gordana Swanson was elected to four in March 1999, was special counsel with the San terms on the Rolling Hills City Council from 1976-1994 Francisco firm of Rogers, Joseph, O'Donnell & Quinn, and served three times as that city's mayor. She served where she practiced political and election law and three years as director of development for the business litigation. From 1989 to 1996 she was with Toberman Settlement House, a non-profit human Remcho, Johansen & Purcell, specializing in political services organization. She also was president of the law and constitutional litigation. Ms. Getman earned her Southern California Rapid Transit District, and served bachelor of arts degree from Yale University and as a director of the American Public Transit Foundation graduated cum laude from the Harvard Law School, and the South Bay Juvenile Diversion Project. Active where she was editor-in-chief of the Harvard Women's in numerous community and women’s organizations, Law Journal. Ms. Getman was the recipient of a Revson she was the founding president of the National Women's Law and Public Policy Fellowship, and Women’s Political Caucus for the South Bay and represented pro bono the Congressional Caucus on served on the board of directors of the California Women's Issues while an associate at the Washington, Elected Women’s Association for Education and D.C. firm of Wilmer, Cutler & Pickering. A Democrat, Research (CEWAER). She attended De Paul University Ms. Getman was appointed Chairman by Governor Gray in Chicago, Illinois. A Republican, she was appointed Davis. (Term expires 1-31-03.) by Governor Gray Davis. (Term expires 1-31-03.) Commissioner Sheridan Downey, III, is a former Commissioner Thomas S. Knox is a partner with the bankruptcy attorney in Oakland and was a law Sacramento law firm of Knox, Lemmon & Anapolsky, professor at the University of Santa Clara School of LLP. He is active in community organizations and has Law, teaching courses in debtor/creditor relations, real served as president of the Family Services Agency of property, commercial law and legal research and writing. Greater Sacramento, the McGeorge Law School Alumni He was a partner in the Oakland firm of Caldecott, Peck Association, the Point West Rotary Club and the and Phillips and of counsel to the firm of Bell, Active 20-30 Club of Sacramento. He is a member of the Rosenberg and Hughes. He served three terms on the Sacramento County Bar Association and the State Bar Alameda County Democratic Central Committee and of California. He received a B.A. from the University of was a member of the California State Bar Committee on Pennsylvania and a law degree from McGeorge School Debtor-Creditor Relations, lecturing frequently to legal of Law in Sacramento, where he was associate editor of aid societies in Northern California. Since 1990, he has the Pacific Law Journal. He is licensed to practice in the been a full time numismatist, dealing in early United U.S. District Courts for the Northern, Eastern and States coins, and is a member of the Professional Central Districts of California, the 9th U.S. Circuit Court Numismatists Guild. Educated in the Oakland public of Appeals and the U.S. Supreme Court. Prior to schools, he received a B.A. in psychology from attending law school, he served in Vietnam as a First Stanford University and a law degree from the Lieutenant in the U.S. Marine Corps, receiving the University of California, Boalt Hall School of Law, Bronze Star. A Republican, he was appointed by where he was a member of the Law Review. He is the Secretary of State Bill Jones. (Term expires 1-31-05.) grandson of former United States Senator Sheridan Downey (D-Calif., 1938-1950). A Democrat, he was appointed by Attorney General Bill Lockyer. (Term expires 1-31-05.) *As of the date this booklet went to publication, the State Controller had not yet named her appointee for the 2001-2005 term. 3 POLITICAL REFORM ACT — 2002 Introduction This 2002 version of the Political Reform Act (the “Act”) is not an official publication of the Government Code. It has been produced for use by the public and staff of the Fair Political Practices Commission. The boldface title before each Government Code section and the histories following some sections have been added for clarity and are not part of the Act. Proposition 34, which was passed by the voters on November 7, 2000, added new campaign finance provisions and made some changes to the disclosure and enforcement provisions of the Act. Proposition 34 took effect on January 1, 2001. However, section 83 of the measure defers to November 6, 2002, applicability of portions of Chapter 5 (commencing with section 85100) of Title 9, to candidates for statewide elective office. Uncodified sections 83-86 of Proposition 34 appear in Appendix I. Commission regulations implementing the Act are contained in the California Code of Regulations, Title 2, Division 6 (sections 18109-18997). Commission regulations, opinions, and enforcement decisions are published by Continuing Education of the Bar. References to applicable regulations, opinions, and enforcement decisions follow each statute. These references were accurate on the date of publication, but changes may have occurred since then. Thus, the references are provided for convenience only and should not be relied upon. Opinion summaries appear in Appendix II. Enforcement decision summaries appear in Appendix III. In addition, Commission opinions and advice letters are available on Westlaw and Lexis-Nexis. If you need more detailed information or have questions about the Political Reform Act, please call the Fair Political Practices Commission at 1-866-275-3772. The Commission is located at 428 J Street, Ste. 620, Sacramento, CA 95814. Web site: http://www.fppc.ca.gov. 4 CONTENTS Chapter 1. General ...................................................5 Article 4. Disqualification of Former Officers and Employees ................... 106 Chapter 2. Definitions .............................................9 Article 4.5. Disqualification of State Officers and Employees ................... 109 Chapter 3. Fair Political Practices Article 4.6. Loans to Public Officials .................. 109 Commission.........................................23 Article 5. Filing................................................... 110 Chapter 4. Campaign Disclosure ........................28 Chapter 8. Ballot Pamphlet................................ 112 Article 1. Organization of Committees...............28 Article 2. Filing of Campaign Statements..........32 Chapter 9. Incumbency....................................... 114 Article 3. Prohibitions..........................................56 Article 4. Exemptions ...........................................64 Chapter 9.5. Ethics.................................................. 114 Article 5. Advertisements ...................................64 Article 1. Honoraria ........................................... 114 Article 2. Gifts..................................................... 116 Chapter 4.6. Online Disclosure..............................66 Article 3. Travel.................................................. 116 Article 4. Campaign Funds............................... 117 Chapter 5. Limitations on Contributions ...........70 Article 1. Title of Chapter....................................70 Chapter 10. Auditing ............................................. 123 Article 2. Candidacy.............................................70 Article 2.5. Applicability of the Political Chapter 11. Enforcement...................................... 126 Reform Act of 1974..............................71 Article 3. Contribution Limitations ....................72 Appendix I. Uncodified Sections of Article 4. Voluntary Expenditure Ceilings.........78 Proposition 34.................................. 131 Article 5. Independent Expenditures .................79 Article 6. Ballot Pamphlet....................................80 Appendix II. Summary of Opinions ..................... 135 Article 7. Additional Contribution Requirements .......................................80 Appendix III. Summary of Enforcement Article 8. Appropriation ......................................81 Decisions.......................................... 155 Chapter 6. Lobbyists ..............................................81 Index.............................................................................. 299 Article 1. Registration and Reporting................81 Article 2. Prohibitions..........................................89 Article 3. Exemptions ...........................................90 Chapter 7. Conflicts of Interests .........................91 Article 1. General Prohibitions............................91 Article 2. Disclosure.............................................96 Article 3. Conflict of Interest Codes ................100 Article 3.5. Multiagency Filers ............................105 § 81000. 5 § 81002. TITLE 9. POLITICAL REFORM § 81000. Title. This title shall be known and may be cited as the Chapter 1. General. § 81000 - 81016 “Political Reform Act of 1974.” 2. Definitions. § 82000 - 82055 3. Fair Political Practices Commission. § 81001. Findings and Declarations. § 83100 - 83124 The people find and declare as follows: 4. Campaign Disclosure. § 84100 - 84511 (a) State and local government should
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