SB644 - Political Reform Act of 1974: contribution limits.

Amended IN Senate May 01, 2025 Amended IN Senate March 25, 2025 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 644 Introduced by Senator Blakespear February 20, 2025 An act to amend Sections 35177 and 72029 of the Education Code, and to amend Section 85702.5 of, to amend, repeal, and add Sections 85301, 85305, 85306, 85307, 85315, 85316, 85317, and 85318 of, and to add Section 85702.7 to, the Government Code, relating to the Political Reform Act of 1974. LEGISLATIVE COUNSEL'S DIGEST SB 644, as amended, Blakespear. Political Reform Act of 1974: contribution limits. The Political Reform Act of 1974 prohibits a person, other than a small contributor committee or political party committee, from making to a candidate for elective state, county, or city office, and prohibits those candidates from accepting, a contribution totaling more than $3,000 per election, as that amount is adjusted by the Fair Political Practices Commission in January of every odd-numbered year to reflect changes in the Consumer Price Index. The amount of that contribution limit for an election occurring from January 1, 2025, to December 31, 2026, inclusive, is $5,900. This bill would apply that contribution limit and certain related provisions to candidates for judicial, school district, and community college district office. The bill would authorize the Judicial Council, school districts, and community college districts to impose more restrictive contribution limits on candidates for judicial, school district, and community college district office, respectively. The bill’s provisions would become operative on January 1, 2027. Any person who knowingly or willfully violates the Political Reform Act of 1974 is guilty of a misdemeanor. By adding new contribution limits to the act, the bill would expand the scope of an existing crime and thereby 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 of the Legislature and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act. Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 35177 of the Education Code is amended to read: 35177. The governing board of a school district may by resolution limit campaign expenditures or contributions in elections to district offices. A contribution limit adopted pursuant to this section shall comply with Section 85702.7 of the Government Code. SEC. 2. Section 72029 of the Education Code is amended to read: 72029. The governing board of a community college district may by resolution limit campaign expenditures or contributions in elections to district offices. A contribution limit adopted pursuant to this section shall comply with Section 85702.7 of the Government Code. SEC. 3. Section 85301 of the Government Code is amended to read: 85301. (a) A person, other than a small contributor committee or political party committee, shall not make to a candidate for elective state office other than a candidate for statewide elective office, and a candidate for elective state office other than a candidate for statewide elective office shall not accept from a person, a contribution totaling more than three thousand dollars ($3,000) per election. (b) Except to a candidate for Governor, a person, other than a small contributor committee or political party committee, shall not make to a candidate for statewide elective office, and except a candidate for Governor, a candidate for statewide elective office shall not accept from a person other than a small contributor committee or a political party committee, a contribution totaling more than five thousand dollars ($5,000) per election. (c) A person, other than a small contributor committee or political party committee, shall not make to a candidate for Governor, and a candidate for Governor shall not accept from any person other than a small contributor committee or political party committee, a contribution totaling more than twenty thousand dollars ($20,000) per election. (d) A person shall not make to a candidate for elective county or city office, and a candidate for elective county or city office shall not accept from a person, a contribution totaling more than the amount set forth in subdivision (a) per election, as that amount is adjusted by the Commission pursuant to Section 83124. This subdivision does not apply in a jurisdiction in which the county or city imposes a limit on contributions pursuant to Section 85702.5. (e) The provisions of this section do not apply to a candidate’s contributions of the candidate’s personal funds to the candidate’s own campaign. (f) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. SEC. 4. Section 85301 is added to the Government Code, to read: 85301. (a) A person, other than a small contributor committee or political party committee, shall not make to a candidate for elective state office other than a candidate for statewide elective office, and a candidate for elective state office other than a candidate for statewide elective office shall not accept from a person, a contribution totaling more than three thousand dollars ($3,000) per election. (b) Except to a candidate for Governor, a person, other than a small contributor committee or political party committee, shall not make to a candidate for statewide elective office, and except a candidate for Governor, a candidate for statewide elective office shall not accept from a person other than a small contributor committee or a political party committee, a contribution totaling more than five thousand dollars ($5,000) per election. (c) A person, other than a small contributor committee or political party committee, shall not make to a candidate for Governor, and a candidate for Governor shall not accept from any person other than a small contributor committee or political party committee, a contribution totaling more than twenty thousand dollars ($20,000) per election. (d) (1) A person shall not make to a candidate for elective judicial, county, city, school district, or community college district office, and a candidate for elective judicial, county, city, school district, or community college district office shall not accept from a person, a contribution totaling more than the amount set forth in subdivision (a) per election, as that amount is adjusted by the commission pursuant to Section 83124. (2) This subdivision does not apply to a judicial, county, city, school district, or community college district office if a limit on contributions is imposed for that office pursuant to Section 85702.5 or Section 85702.7. (e) This section does not apply to a candidate’s contributions of the candidate’s personal funds to the candidate’s own campaign. (f) This section shall become operative on January 1, 2027. SEC. 5. Section 85305 of the Government Code is amended to read: 85305. (a) A candidate for elective state, county, or city office or committee controlled by that candidate shall not make a contribution to any other candidate for elective state, county, or city office in excess of the limits set forth in subdivision (a) of Section 85301. This section does not apply in a jurisdiction in which the county or city imposes a limit on contributions pursuant to Section 85702.5. (b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. SEC. 6. Section 85305 is added to the Government Code, to read: 85305. (a) (1) A candidate for elective state, judicial, county, city, school district, or community college district office, or a committee controlled by that candidate, shall not make a contribution to any other candidate for elective state, judicial, county, city, school district, or community college district office in excess of the limits set forth in subdivision (a) of Section 85301. (2) This section does not apply to a judicial, county, city, school district, or community college district office if a limit on contributions is imposed for that office pursuant to Section 85702.5 or Section 85702.7. (b) This section shall become operative on January 1, 2027. SEC. 7. Section 85306 of the Government Code is amended to read: 85306. (a) A candidate may transfer campaign funds from one controlled committee to a controlled committee for elective state, county, or city office of the same candidate. Contributions transferred shall be attributed to specific contributors using a “last in, first out” or “first in, first out” accounting method, and these attributed contributions when aggregated with all other contributions from the same contributor shall not exceed the limits set forth in Section 85301 or 85302. (b) Notwithstanding subdivision (a), a candidate for elective state office, other than a candidate for statewide elective office, who possesses campaign funds on January 1, 2001, may use those funds to seek elective office without attributing the funds to specific contributors. (c) Notwithstanding subdivision (a), a candidate for statewide elective office who possesses campaign funds on November 6, 2002, may use those funds to seek elective office without attributing the funds to specific contributors. (d) This section does not apply in a jurisdiction in which the county or city imposes a limit on contributions pursuant to Section 85702.5. (e) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. SEC. 8. Section 85306 is added to the Government Code, to read: 85306. (a) A candidate may transfer campaign funds from one controlled committee to a controlled committee for elective state, judicial, county, city, school district, or community college district office of the same candidate. Contributions transferred shall be attributed to specific contributors using a “last in, first out” or “first in, first out” accounting method, and these attributed contributions when aggregated with all other contributions from the same contributor shall not exceed the limits set forth in Section 85301 or 85302. (b) (1) Notwithstanding subdivision (a), a candidate for elective state office, other than a candidate for statewide elective office, who possesses campaign funds on January 1, 2001, may use those funds to seek elective office without attributing the funds to specific contributors. (2) Notwithstanding subdivision (a), a candidate for statewide elective office who possesses campaign funds on November 6, 2002, may use those funds to seek elective office without attributing the funds to specific contributors. (c) This section does not apply to a judicial, county, city, school district, or community college district office if a limit on contributions is imposed for that office pursuant to Section 85702.5 or Section 85702.7. (d) This section shall become operative on January 1, 2027. SEC. 9. Section 85307 of the Government Code is amended to read: 85307. (a) The provisions of this article regarding loans apply to extensions of credit, but do not apply to loans made to a candidate by a commercial lending institution in the lender’s regular course of business on terms available to members of the general public for which the candidate is personally liable. (b) Notwithstanding subdivision (a), a candidate for elective state, county, or city office shall not personally loan to the candidate’s campaign, including the proceeds of a loan obtained by the candidate from a commercial lending institution, an amount, the outstanding balance of which exceeds one hundred thousand dollars ($100,000). A candidate shall not charge interest on any loan the candidate made to the candidate’s campaign. This subdivision does not apply to a jurisdiction in which the county or city imposes a limit on contributions pursuant to Section 85702.5. (c) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. SEC. 10. Section 85307 is added to the Government Code, to read: 85307. (a) The provisions of this article regarding loans apply to extensions of credit, but do not apply to loans made to a candidate by a commercial lending institution in the lender’s regular course of business on terms available to members of the general public for which the candidate is personally liable. (b) (1) Notwithstanding subdivision (a), a candidate for elective state, judicial, county, city, school district, or community college district office shall not personally loan to the candidate’s campaign, including the proceeds of a loan obtained by the candidate from a commercial lending institution, an amount, the outstanding balance of which exceeds one hundred thousand dollars ($100,000). A candidate shall not charge interest on any loan the candidate made to the candidate’s campaign. (2) This subdivision does not apply to a judicial, county, city, school district, or community college district office if a limit on contributions is imposed for that office pursuant to Section 85702.5 or Section 85702.7. (c) This section shall become operative on January 1, 2027. SEC. 11. Section 85315 of the Government Code is amended to read: 85315. (a) Notwithstanding any other provision of this chapter, an elected state, county, or city officer may establish a committee to oppose the qualification of a recall measure, and the recall election. This committee may be established when the elected state, county, or city officer receives a notice of intent to recall pursuant to Section 11021 of the Elections Code. An elected state, county, or city officer may accept campaign contributions to oppose the qualification of a recall measure, and if qualification is successful, the recall election, without regard to the campaign contribution limits set forth in this chapter. The voluntary expenditure limits do not apply to expenditures made to oppose the qualification of a recall measure or to oppose the recall election. (b) After the failure of a recall petition or after the recall election, the committee formed by the elected state, county, or city officer shall wind down its activities and dissolve. Any remaining funds shall be treated as surplus funds and shall be expended within 30 days after the failure of the recall petition or after the recall election for a purpose specified in subdivision (b) of Section 89519. (c) This section does not apply in a jurisdiction in which the county or city imposes a limit on contributions pursuant to Sect [Text truncated for display. Full text available on Congress.gov.]