Campaign finance requirements for California ballot measures
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Campaign finance requirements for California ballot measures are promulgated by the California Fair Political Practices Commission (FPPC) and the California Secretary of State in accordance with a variety of constitutional requirements and laws, some of which were imposed by initiative.
Campaign finance reports with records of donors and expenditures are filed with the Secretary of State's office. This office maintains an online database called Cal-Access where interested parties can view the financial information that has been supplied to the Secretary of State's office by state candidates, statewide ballot measure committees and donors.
If someone wants to file a complaint alleging that a campaign finance law has been broken, that complaint is filed with the FPPC. The FPPC investigates complaints. Based on an investigation, it may dismiss a complaint, settle a complaint, or take an administrative action such as imposing a fine in response to its investigation regarding a complaint. Plaintiffs may sue the FPPC if they believe it has overstepped the law in its actions.
General requirements
Recipient committee
Any person or group is considered to be a "recipient committee" if the person or group has received contributions totalling $1,000 or more in a calendar year for the purpose of influencing city, county and/or state elections, including elections about ballot measures.
Such persons must file a Statement of Organization (Form 410) with the Secretary of State's Political Reform Division within 10 days of qualifying as a recipient committee. They must also file a copy of the Statement of Organization with their local filing officer, if any, with whom the committee is required to file the originals of its campaign reports.
Funds held in trust
Persons or committees receiving money for promoting or defeating an initiative, referendum, recall petition, or any measure which has qualified for the ballot, must hold the money in trust and may only spend the money for the purpose for which it was entrusted to them.
Form 460
The Recipient Committee Campaign Statement - Form 460 is the proper disclosure form for all ballot measure committees.
Reporting obligations
Committees formed or existing primarily to support or oppose the qualification, passage or defeat of a ballot measure, and proponents of a state ballot measure who control a committee formed to support the qualification of a measure, must file:
- Semi-annual statements;
- Pre-election statements;
- Quarterly ballot measure statements;
- Late contribution reports, if required.
Types of reports
Quarterly statements
Committees primarily formed to support the qualification, passage or defeat of a measure are required to file quarterly ballot measure statements before the election. However, quarterly statements are not required during any semi-annual period in which the committee is required to file pre-election statements.
Following the election, such committees are only required to file semi-annual statements. However, if the committee makes contributions to or expenditures on behalf of other similar measures, they have an ongoing duty to file quarterly statements.
Pre-election statements
Pre-election statements must be filed during the six-month period preceding the election during which the measure appears on the ballot.
Late contribution reports
There are two types of reporting periods for disclosing contributions totaling $1,000 or more and a third type of reporting period for disclosing contributions of $5,000 or more that are received by state/statewide ballot measure committees, including controlled committees, closer to an election.
Non-election cycle, electronic, $5,000+
All contributions of $5,000 or more received at any time other than during an election cycle must be reported electronically.
Election cycles begin 90 days prior to an election and end on the date of the election. The obligation to report non-election cycle contributions of $5,000 or more commences from the original receipt of $5,000 or more and ends 91 days prior to the state election.
These reports must be filed within 10 business days of receiving contributions of $5,000 or more.
This type of report can be filed electronically/online provided that the recipient state/statewide ballot measure committee, including controlled committees, has previously or concurrently met the $50,000 electronic filing threshold. If that is the case, this type of report is not subject to a paper or fax filing requirement.
Election cycle, electronic, $1,000+
All contributions of $1,000 or more received during an election cycle must be reported electronically.
The election cycle begins 90 days prior to, and includes, the date of any state election.
These reports must be filed within 24 hours of receiving contributions of $1000 or more.
This type of report can be filed electronically/online provided that the recipient state/statewide ballot measure committee, including controlled committees, has previously or concurrently met the $50,000 electronic filing threshold. If that is the case, this type of report is not subject to a paper or fax filing requirement.
16 day, late, $1,000
The traditional late contribution reporting period begins 16 days before the election and extends through the day before the election.
If a ballot measure or controlled committee has not incurred electronic filing requirements, all contributions of $1,000 or more, which are received at any time during the 16 days prior to the election, must be reported by paper (or fax) within 24 hours of receipt.
However, if the filer has previously or concurrently met the $50,000 electronic filing threshold, no paper (or fax) is required since the 90-day online-only report overlaps the 16-day paper report.
Semi-annual statements
Semi-annual statements must be filed for each half of every year, regardless of the amount or level of activity. The closing dates for such semi-annual statements are June 30 (due July 31) and December 31 (due January 31).
Terminating a committee
The Statement of Organization - Form 410 is used to terminate all types of recipient committees. The original and one copy must be filed with the Secretary of State's Political Reform Division. In addition, a copy of the Form 410 must be filed with each filing officer who received a copy of the committee's last campaign statement.
Research
The California Secretary of State maintains a database called Cal-Access of all of the campaign committees that have been organized to support or oppose propositions and ballot measures on California's statewide ballot.
See also
External links
- Campaign and registration reguirements for California ballot measure committees
- Campaign Finance Laws
- California Secretary of State database of financial filings for initiatives
- Fair Political Practices Commission of California
- Campaign Finance Filing Schedules for 2010
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