Omar Bennett
California has various laws and regulations regarding campaign contributions and political donations. The state's Political Reform Act, for instance, mandates detailed disclosures of contributions and expenditures in campaigns for state and local elections, as well as lobbying activities. The California Fair Political Practices Commission (FPPC) also plays a crucial role in setting contribution limits and gift limits for political candidates and public officials. These limits vary depending on the office, the committee, and the contributor, and they are subject to change over time. For instance, for the 2023-2024 political cycle, individuals, business entities, or committees/PACs could contribute up to $5,500 per election to candidates for the state legislature. With these regulations in mind, it is essential to understand the specific rules that govern campaign contributions and political donations for Cal State employees.
| Characteristics | Values |
|---|---|
| Who can contribute to a federal candidate | Individuals, partnerships, PACs, minors, corporations, labor organizations, federal government contractors, and foreign nationals |
| Who cannot contribute to a federal candidate | Federal government contractors, foreign nationals, and federal candidates |
| Campaign contribution limits for 2023-2024 | $5,500 per election to candidates for state legislature, $11,000 per candidate per cycle, $36,400 per election to a candidate for governor, $9,100 per year to PACs |
| Factors influencing contribution amounts | Contributor's affiliated individuals and entities, contributor's lobbying activity, contributor's state contracting activity |
| Disclosure requirements | Names of authorized individuals, committee treasurer's bank records and email address, detailed financial disclosures |
| Reporting requirements | Officeholder/Candidate Campaign Statement (Form 470) if less than $1,000 is raised or spent in a calendar year, excluding personal funds for filing fees |
| Enforcement agency | Federal Election Commission (FEC) |
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What You'll Learn
California's Political Reform Act
Proposition 9 included provisions regulating campaign finance, lobbying activity, and conflicts of interest. It was the most significant state-level response to the culture of corruption that was believed to be pervasive in the pre-Watergate years. The Act's mission was to serve as the legal bedrock of governmental ethics in California. It imposed mandatory spending limits on candidates for statewide offices and statewide ballot measure committees, restricted lobbyists' activities, and imposed a gift limit on lobbyists.
The Political Reform Act is updated annually to reflect statutory changes enacted by the Legislature or by voters through the initiative process. The Fair Political Practices Commission (FPPC) has primary responsibility for the impartial and effective administration of the Act. Over time, lawmakers and voters have changed the Act to account for the evolving landscape of campaign finance and to ensure the integrity of California's public officials. For instance, in 1982, the Legislature provided funding for the Enforcement Division to enforce the Act at the local level. In 1985, the Legislature required sponsored committees to include the names of their sponsors on all political mailings.
In 2023, the California Fair Political Practices Commission (FPPC) adopted higher political contribution limits and public officer gift limits for the 2023-2024 political cycle. Under the new limits, an individual, business entity, or committee/PAC can contribute $5,500 per election to candidates for the state legislature, up from $4,900. This means individuals may generally give $11,000 per candidate per cycle, as the primary and general are considered separate elections.
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Campaign finance requirements
Campaign finance laws in California apply to direct campaign contributions and third-party organisations and nonprofits that seek to influence elections through independent expenditures or issue advocacy. The Federal Election Commission (FEC) is responsible for disclosing campaign finance information, enforcing limits and prohibitions on contributions, and overseeing public funding of presidential elections.
The Political Reform Act, adopted in 1974, requires detailed disclosure of the role of money in California politics. This includes the disclosure of contributions and expenditures in connection with campaigns supporting or opposing state and local candidates and ballot measures, as well as the disclosure of expenditures made in connection with lobbying the State Legislature and attempting to influence administrative decisions of the state government. The California Secretary of State publishes this data on the California Automated Lobbying and Campaign Contribution Electronic Search System (CAL-ACCESS) website.
The Fair Political Practices Commission (FPPC) has updated the Statement of Organization (Form 410) to include the names of those authorised to obtain the bank records and email addresses of the committee's treasurer, assistant treasurer, and principal officers. For 2023-2024, state and local officials and employees may not receive gifts totalling more than $590 in a calendar year from certain sources.
Candidates running for office in California may require interaction with various agencies, including the California Secretary of State, which oversees candidate filing and reporting and all election procedures, and the Fair Political Practices Commission, which issues opinions, adopts regulations, and investigates violations regarding the Political Reform Act. Candidates must file a number of documents with the county elections office in their county of residence. 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.
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State Contribution Limits
State laws determine contribution limits, which vary depending on the office, committee, and contributor. These limits are in place to restrict the amount of money that can be donated to political campaigns and are intended to prevent corruption and ensure a fair electoral process.
In California, the state contribution limits for the 2023-2024 political cycle have been raised by the California Fair Political Practices Commission (FPPC). Individuals, business entities, or committees/PACs can contribute up to $5,500 per election to candidates for the state legislature, allowing individuals to give up to $11,000 per candidate per cycle. The contribution limit for a candidate for governor has also increased to $36,400 per election. Additionally, the FPPC raised the limit on gifts to public officials; state and local officials and employees may not receive gifts totalling more than $590 in a calendar year from certain sources.
It is important to note that contribution limits can vary across states and even within a state. For example, in California, cities, counties, and districts may have their own contribution limits for local offices. Therefore, it is essential to refer to the specific state and local laws to understand the applicable contribution limits.
At the federal level, the Federal Election Commission (FEC) imposes contribution limits on various entities, including individuals, partnerships, and political action committees (PACs). These limits can vary depending on the specific election and the office being sought. For instance, a candidate's authorised committee may accept up to $2,000 per election from another federal candidate's authorised committee. Additionally, FEC regulations prohibit certain entities, such as federal government contractors and foreign nationals, from contributing to federal elections.
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Disclosure requirements for contributors
California has been a national leader in promoting transparency and fairness in its elections. The Political Reform Act, passed in 1974, requires candidates and committees to disclose detailed information about the financial contributions they receive and the expenditures they make. These disclosures must be made by specified deadlines and are made public. They may be audited by the FPPC and FTB to ensure compliance with the rules and to keep voters informed.
The Act applies to a wide range of committees, including candidate-controlled committees, committees formed to support or oppose candidates or ballot measures, political party committees, and general-purpose committees. A person or entity qualifies as a committee under the Act if they receive contributions for political purposes of $2,000 or more per year, make independent expenditures on California candidates or ballot measures of $1,000 or more per year, or contribute $10,000 or more per year to California candidates or ballot measures.
There are several types of committees subject to the Act's disclosure requirements, including a candidate's campaign committee, a general-purpose committee, a political party committee, a slate mailer organization, a major donor, and an independent expenditure committee. The basic disclosure requirement for campaign communications is to include a statement such as "Paid for by [committee name]."
Additionally, the disclosure rules apply to contributions from trusts. These must be reported as contributions from the beneficial owner rather than the trust itself, and the name of the trust and the decedent must be disclosed. Special requirements also apply to contributions from LLCs, which are treated as either corporations or partnerships for contribution purposes.
It is important to note that the rules and requirements for campaign contributions and disclosures can change over time. For example, the FPPC recently raised contribution limits for the 2023-2024 political cycle, and filers required to submit paper reports or statements now have the option to file these reports by email instead.
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Contribution limits for PACs
The contribution limits for Political Action Committees (PACs) in California are subject to change over time. For the 2023-2024 political cycle, the contribution limits were increased by the California Fair Political Practices Commission (FPPC). Under these new limits, an individual, business entity, or committee/PAC can contribute up to $5,500 per election to candidates for the state legislature, up from $4,900 previously. This means that individuals may contribute up to $11,000 per candidate per cycle, as the primary and general elections are considered separate elections. The same limit applies to candidates for local office unless the locality has set its own limits.
The contribution limit to a candidate for governor also increased, from $32,400 to $36,400 per election. The limit on contributions to PACs that contribute to candidates increased from $8,100 to $9,100 per year. However, it is important to note that PACs can maintain a separate, non-contribution account without any limits. Additionally, state committees, including political parties and PACs, may receive contributions exceeding these limits, as long as the funds are not used to contribute to state candidates.
In terms of federal regulations, the Federal Election Campaign Act (FECA) permits individuals and certain entities to contribute to federal candidates, political parties, and PACs. However, FECA prohibits corporations, labour unions, and national banks from making such contributions from their treasury funds. FECA does allow these entities to establish a PAC, raise funds for it, and then contribute to federal candidates, political parties, and other PACs from those PAC funds. Federal government contractors are also prohibited from contributing to federal candidates, political parties, or PACs, but corporations with federal government contracts may make contributions from PAC funds.
It is important to note that the contribution limits and regulations can vary across different jurisdictions, and it is essential to refer to the specific rules in each jurisdiction before making or accepting any contributions.
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Frequently asked questions
Yes, state employees can donate to political campaigns, but there are limits on the amount they can contribute. For the 2023-2024 political cycle, individuals can contribute up to $5,500 per election to candidates for state legislature, which means $11,000 per candidate per cycle as the primary and general elections are considered separate.
Yes, there are some restrictions on who can donate to political campaigns in California. For example, federal law prohibits contributions from foreign nationals in connection with any federal, state, or local election. Additionally, charities face restrictions on political activity under the Internal Revenue Code.
Yes, California's Political Reform Act requires detailed disclosure of the role of money in politics, including contributions and expenditures in connection with campaigns and lobbying activities. These disclosures are filed with the California Secretary of State and are available to the public through the CAL-ACCESS website.
