2005 California Government Code Sections 84300-84309 Article 3. Prohibitions

GOVERNMENT CODE
SECTION 84300-84309

84300.  (a) No contribution of one hundred dollars ($100) or more
shall be made or received in cash.
   A cash contribution shall not be deemed received if it is not
negotiated or deposited and is returned to the contributor before the
closing date of the campaign statement on which the contribution
would otherwise be reported.  If a cash contribution, other than a
late contribution, as defined in Section 82036, is negotiated or
deposited, it shall not be deemed received if it is refunded within
72 hours of receipt.  In the case of a late contribution, as defined
in Section 82036, it shall not be deemed received if it is returned
to the contributor within 48 hours of receipt.
   (b) No expenditure of one hundred dollars ($100) or more shall be
made in cash.
   (c) No contribution of one hundred dollars ($100) or more other
than an in-kind contribution shall be made unless in the form of a
written instrument containing the name of the donor and the name of
the payee and drawn from the account of the donor or the
intermediary, as defined in Section 84302.
   (d) The value of all in-kind contributions of one hundred dollars
($100) or more shall be reported in writing to the recipient upon the
request in writing of the recipient.
84301.  No contribution shall be made, directly or indirectly, by
any person in a name other than the name by which such person is
identified for legal purposes.
84302.  No person shall make a contribution on behalf of another, or
while acting as the intermediary or agent of another, without
disclosing to the recipient of the contribution both his own full
name and street address, occupation, and the name of his employer, if
any, or his principal place of business if he is self-employed, and
the full name and street address, occupation, and the name of
employer, if any, or principal place of business if self-employed, of
the other person.  The recipient of the contribution shall include
in his campaign statement the full name and street address,
occupation, and the name of the employer, if any, or the principal
place of business if self-employed, of both the intermediary and the
contributor.
84303.  No expenditure of five hundred dollars ($500) or more shall
be made, other than overhead or normal operating expenses, by an
agent or independent contractor, including, but not limited to, an
advertising agency, on behalf of or for the benefit of any candidate
or committee unless it is reported by the candidate or committee as
if the expenditure were made directly by the candidate or committee.
The agent or independent contractor shall make known to the
candidate or committee all information required to be reported by
this section.
84304.  No person shall make an anonymous contribution or
contributions to a candidate, committee or any other person totaling
one hundred dollars ($100) or more in a calendar year.  An anonymous
contribution of one hundred dollars ($100) or more shall not be kept
by the intended recipient but instead shall be promptly paid to the
Secretary of State for deposit in the General Fund of the state.
84305.  (a) Except as provided in subdivision (b), no candidate or
committee shall send a mass mailing unless the name, street address,
and city of the candidate or committee are shown on the outside of
each piece of mail in the mass mailing and on at least one of the
inserts included within each piece of mail of the mailing in no less
than 6-point type which shall be in a color or print which contrasts
with the background so as to be easily legible.  A post office box
may be stated in lieu of a street address if the organization's
address is a matter of public record with the Secretary of State.
   (b) If the sender of the mass mailing is a single candidate or
committee, the name, street address, and city of the candidate or
committee need only be shown on the outside of each piece of mail.
   (c) If the sender of a mass mailing is a controlled committee, the
name of the person controlling the committee shall be included in
addition to the information required by subdivision (a).
84305.5.  (a) No slate mailer organization or committee primarily
formed to support or oppose one or more ballot measures shall send a
slate mailer unless:
   (1) The name, street address, and city of the slate mailer
organization or committee primarily formed to support or oppose one
or more ballot measures are shown on the outside of each piece of
slate mail and on at least one of the inserts included with each
piece of slate mail in no less than 8-point roman type which shall be
in a color or print which contrasts with the background so as to be
easily legible.  A post office box may be stated in lieu of a street
address if the street address of the slate mailer organization or the
committee primarily formed to support or oppose one or more ballot
measure is a matter of public record with the Secretary of State's
Political Reform Division.
   (2) At the top or bottom of the front side or surface of at least
one insert or at the top or bottom of one side or surface of a
postcard or other self-mailer, there is a notice in at least 8-point
roman boldface type, which shall be in a color or print which
contrasts with the background so as to be easily legible, and in a
printed or drawn box and set apart from any other printed matter.
The notice shall consist of the following statement:
______________________________________________________________
        '
  '
        '                       NOTICE TO VOTERS
  '
        '
  '
        '     THIS DOCUMENT WAS PREPARED BY (name of slate mailer
  '
        '   organization or committee primarily formed to support
  '
        '   or oppose one or more ballot measures), NOT AN OFFICIAL
  '
        '   POLITICAL PARTY ORGANIZATION.  Appearance in this
  '
        '   mailer does not necessarily imply endorsement of others
  '
        '   appearing in this mailer, nor does it imply endorsement
  '
        '   of, or opposition to, any issues set forth in this
  '
        '   mailer.  Appearance is paid for and authorized by each
  '
        '   candidate and ballot measure which is designated by an *.
  '
'______________________________________________________________'
   (3) The name, street address, and city of the slate mailer
organization or committee primarily formed to support or oppose one
or more ballot measures as required by paragraph (1) and the notice
required by paragraph (2) may appear on the same side or surface of
an insert.
   (4) Each candidate and each ballot measure that has paid to appear
in the slate mailer is designated by an *.  Any candidate or ballot
measure that has not paid to appear in the slate mailer is not
designated by an *.
   The * required by this subdivision shall be of the same type size,
type style, color or contrast, and legibility as is used for the
name of the candidate or the ballot measure name or number and
position advocated to which the * designation applies except that in
no case shall the * be required to be larger than 10-point boldface
type.  The designation shall immediately follow the name of the
candidate, or the name or number and position advocated on the ballot
measure where the designation appears in the slate of candidates and
measures.  If there is no slate listing, the designation shall
appear at least once in at least 8-point boldface type, immediately
following the name of the candidate, or the name or number and
position advocated on the ballot measure.
   (5) The name of any candidate appearing in the slate mailer who is
a member of a political party differing from the political party
which the mailer appears by representation or indicia to represent is
accompanied, immediately below the name, by the party designation of
the candidate, in no less than 9-point roman type which shall be in
a color or print that contrasts with the background so as to be
easily legible.  The designation shall not be required in the case of
candidates for nonpartisan office.
   (b) For purposes of the designations required by paragraph (4) of
subdivision (a), the payment of any sum made reportable by
subdivision (c) of Section 84219 by or at the behest of a candidate
or committee, whose name or position appears in the mailer, to the
slate mailer organization or committee primarily formed to support or
oppose one or more ballot measures, shall constitute a payment to
appear, requiring the * designation.  The payment shall also be
deemed to constitute authorization to appear in the mailer.
84306.  All contributions received by a person acting as an agent of
a candidate shall be reported promptly to the candidate or any of
his or her designated agents.  All contributions received by a person
acting as an agent of a committee shall be reported promptly to the
committee's treasurer or any of his or her designated agents.
"Promptly" as used in this section means not later than the closing
date of any campaign statement the committee or candidate for whom
the contribution is intended is required to file.
84307.  No contribution shall be commingled with the personal funds
of the recipient or any other person.
84308.  (a) The definitions set forth in this subdivision shall
govern the interpretation of this section.
   (1) "Party" means any person who files an application for, or is
the subject of, a proceeding involving a license, permit, or other
entitlement for use.
   (2) "Participant" means any person who is not a party but who
actively supports or opposes a particular decision in a proceeding
involving a license, permit, or other entitlement for use and who has
a financial interest in the decision, as described in Article 1
(commencing with Section 87100) of Chapter 7.  A person actively
supports or opposes a particular decision in a proceeding if he or
she lobbies in person the officers or employees of the agency,
testifies in person before the agency, or otherwise acts to influence
officers of the agency.
   (3) "Agency" means an agency as defined in Section 82003 except
that it does not include the courts or any agency in the judicial
branch of government, local governmental agencies whose members are
directly elected by the voters, the Legislature, the Board of
Equalization, or constitutional officers.  However, this section
applies to any person who is a member of an exempted agency but is
acting as a voting member of another agency.
   (4) "Officer" means any elected or appointed officer of an agency,
any alternate to an elected or appointed officer of an agency, and
any candidate for elective office in an agency.
   (5) "License, permit, or other entitlement for use" means all
business, professional, trade and land use licenses and permits and
all other entitlements for use, including all entitlements for land
use, all contracts (other than competitively bid, labor, or personal
employment contracts), and all franchises.
   (6) "Contribution" includes contributions to candidates and
committees in federal, state, or local elections.
   (b) No officer of an agency shall accept, solicit, or direct a
contribution of more than two hundred fifty dollars ($250) from any
party, or his or her agent, or from any participant, or his or her
agent, while a proceeding involving a license, permit, or other
entitlement for use is pending before the agency and for three months
following the date a final decision is rendered in the proceeding if
the officer knows or has reason to know that the participant has a
financial interest, as that term is used in Article 1 (commencing
with Section 87100) of Chapter 7.  This prohibition shall apply
regardless of whether the officer accepts, solicits, or directs the
contribution for himself or herself, or on behalf of any other
officer, or on behalf of any candidate for office or on behalf of any
committee.
   (c) Prior to rendering any decision in a proceeding involving a
license, permit or other entitlement for use pending before an
agency, each officer of the agency who received a contribution within
the preceding 12 months in an amount of more than two hundred fifty
dollars ($250) from a party or from any participant shall disclose
that fact on the record of the proceeding.  No officer of an agency
shall make, participate in making, or in any way attempt to use his
or her official position to influence the decision in a proceeding
involving a license, permit, or other entitlement for use pending
before the agency if the officer has willfully or knowingly received
a contribution in an amount of more than two hundred fifty dollars
($250) within the preceding 12 months from a party or his or her
agent, or from any participant, or his or her agent if the officer
knows or has reason to know that the participant has a financial
interest in the decision, as that term is described with respect to
public officials in Article 1 (commencing with Section 87100) of
Chapter 7.
   If an officer receives a contribution which would otherwise
require disqualification under this section, returns the contribution
within 30 days from the time he or she knows, or should have known,
about the contribution and the proceeding involving a license,
permit, or other entitlement for use, he or she shall be permitted to
participate in the proceeding.
   (d) A party to a proceeding before an agency involving a license,
permit, or other entitlement for use shall disclose on the record of
the proceeding any contribution in an amount of more than two hundred
fifty dollars ($250) made within the preceding 12 months by the
party, or his or her agent, to any officer of the agency.  No party,
or his or her agent, to a proceeding involving a license, permit, or
other entitlement for use pending before any agency and no
participant, or his or her agent, in the proceeding shall make a
contribution of more than two hundred fifty dollars ($250) to any
officer of that agency during the proceeding and for three months
following the date a final decision is rendered by the agency in the
proceeding.  When a closed corporation is a party to, or a
participant in, a proceeding involving a license, permit, or other
entitlement for use pending before an agency, the majority
shareholder is subject to the disclosure and prohibition requirements
specified in subdivisions (b), (c), and this subdivision.
   (e) Nothing in this section shall be construed to imply that any
contribution subject to being reported under this title shall not be
so reported.
84309.  (a) No person shall receive or personally deliver or attempt
to deliver a contribution in the State Capitol, in any state office
building, or in any office for which the state pays the majority of
the rent other than a legislative district office.
   (b) For purposes of this section:
   (1) "Personally deliver" means delivery of a contribution in
person or causing a contribution to be delivered in person by an
agent or intermediary.
   (2) "Receive" includes the receipt of a campaign contribution
delivered in person.



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