2009 California Government Code - Section 85300-85321 :: Article 3. Contribution Limitations

85300.  No public officer shall expend and no candidate shall accept
any public moneys for the purpose of seeking elective office.

85301.  (a) A person, other than a small contributor committee or
political party committee, may not make to any 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 may not accept from a person, any
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, may not
make to any candidate for statewide elective office, and except a
candidate for Governor, a candidate for statewide elective office may
not accept from a person other than a small contributor committee or
a political party committee, any contribution totaling more than
five thousand dollars ($5,000) per election.
   (c) A person, other than a small contributor committee or
political party committee, may not make to any candidate for
Governor, and a candidate for governor may not accept from any person
other than a small contributor committee or political party
committee, any contribution totaling more than twenty thousand
dollars ($20,000) per election.
   (d) The provisions of this section do not apply to a candidate's
contributions of his or her personal funds to his or her own
campaign.

85302.  (a) A small contributor committee may not make to any
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 may not accept
from a small contributor committee, any contribution totaling more
than six thousand dollars ($6,000) per election.
   (b) Except to a candidate for Governor, a small contributor
committee may not make to any candidate for statewide elective office
and except for a candidate for Governor, a candidate for statewide
elective office may not accept from a small contributor committee,
any contribution totaling more than ten thousand dollars ($10,000)
per election.
   (c) A small contributor committee may not make to any candidate
for Governor, and a candidate for governor may not accept from a
small contributor committee, any contribution totaling more than
twenty thousand dollars ($20,000) per election.

85303.  (a) A person may not make to any committee, other than a
political party committee, and a committee other than a political
party committee may not accept, any contribution totaling more than
five thousand dollars ($5,000) per calendar year for the purpose of
making contributions to candidates for elective state office.
   (b) A person may not make to any political party committee, and a
political party committee may not accept, any contribution totaling
more than twenty-five thousand dollars ($25,000) per calendar year
for the purpose of making contributions for the support or defeat of
candidates for elective state office. Notwithstanding Section 85312,
this limit applies to contributions made to a political party used
for the purpose of making expenditures at the behest of a candidate
for elective state office for communications to party members related
to the candidate's candidacy for elective state office.
   (c) Except as provided in Section 85310, nothing in this chapter
shall limit a person's contributions to a committee or political
party committee provided the contributions are used for purposes
other than making contributions to candidates for elective state
office.
   (d) Nothing in this chapter limits a candidate for elected state
office from transferring contributions received by the candidate in
excess of any amount necessary to defray the candidate's expenses for
election related activities or holding office to a political party
committee, provided those transferred contributions are used for
purposes consistent with paragraph (4) of subdivision (b) of Section
89519.

85304.  (a) A candidate for elective state office or an elected
state officer may establish a separate account to defray attorney's
fees and other related legal costs incurred for the candidate's or
officer's legal defense if the candidate or officer is subject to one
or more civil or criminal proceedings or administrative proceedings
arising directly out of the conduct of an election campaign, the
electoral process, or the performance of the officer's governmental
activities and duties. These funds may be used only to defray those
attorney fees and other related legal costs.
   (b) A candidate may receive contributions to this account that are
not subject to the contribution limits set forth in this article.
However, all contributions shall be reported in a manner prescribed
by the commission.
   (c) Once the legal dispute is resolved, the candidate shall
dispose of any funds remaining after all expenses associated with the
dispute are discharged for one or more of the purposes set forth in
paragraphs (1) to (5), inclusive, of subdivision (b) of Section
89519.

85304.5.  (a) A candidate for elective office other than an elective
state office or an elected officer other than an elected state
officer may establish a separate account pursuant to subdivision (a)
of Section 85304 and may use these funds only to defray attorney's
fees and other related legal costs.
   (b) A candidate for an elective office other than an elective
state office may receive contributions to the separate account
subject to any limitations provided by local ordinance. However, all
contributions to these separate accounts shall be reported in a
manner prescribed by the commission.
   (c) Once the legal dispute is resolved, the candidate or elected
officer shall dispose of any funds remaining in the separate accounts
after all expenses associated with the dispute are discharged for
one or more of the purposes set forth in paragraphs (1) to (5),
inclusive, of subdivision (b) of Section 89519.

85305.  A candidate for elective state office or committee
controlled by that candidate may not make any contribution to any
other candidate for elective state office in excess of the limits set
forth in subdivision (a) of Section 85301.

85306.  (a) A candidate may transfer campaign funds from one
controlled committee to a controlled committee for elective state
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 may 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.

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 office may not personally loan to his or her 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
may not charge interest on any loan he or she made to his or her
campaign.

85308.  (a) Contributions made by a husband and wife may not be
aggregated.
   (b) A contribution made by a child under 18 years of age is
presumed to be a contribution from the parent or guardian of the
child.

85309.  (a) In addition to any other report required by this title,
a candidate for elective state office who is required to file reports
pursuant to Section 84605 shall file online or electronically with
the Secretary of State a report disclosing receipt of a contribution
of one thousand dollars ($1,000) or more received during an election
cycle. Those reports shall disclose the same information required by
subdivision (a) of Section 84203 and shall be filed within 24 hours
of receipt of the contribution.
   (b) In addition to any other report required by this title, any
committee primarily formed to support or oppose one or more state
ballot measures that is required to file reports pursuant to Section
84605 shall file online or electronically with the Secretary of State
a report disclosing receipt of a contribution of one thousand
dollars ($1,000) or more received during an election cycle. Those
reports shall disclose the same information required by subdivision
(a) of Section 84203 and shall be filed within 24 hours of receipt of
the contribution.
   (c) In addition to any other report required by this title, a
candidate for elective state office who is required to file reports
pursuant to Section 84605 shall file online or electronically with
the Secretary of State a report disclosing receipt of a contribution
of five thousand dollars ($5,000) or more received at any time other
than during an election cycle. Those reports shall disclose the same
information required by subdivision (a) of Section 84203 and shall be
filed within 10 business days of receipt of the contribution.
   (d) In addition to any other report required by this title, a
committee primarily formed to support or oppose a state ballot
measure that is required to file reports pursuant to Section 84605
shall file online or electronically with the Secretary of State a
report disclosing receipt of a contribution of five thousand dollars
($5,000) or more received at any time other than during an election
cycle. Those reports shall disclose the same information required by
subdivision (a) of Section 84203 and shall be filed within 10
business days of receipt of the contribution.

85310.  (a) Any person who makes a payment or a promise of payment
totaling fifty thousand dollars ($50,000) or more for a communication
that clearly identifies a candidate for elective state office, but
does not expressly advocate the election or defeat of the candidate,
and that is disseminated, broadcast, or otherwise published within 45
days of an election, shall file online or electronically with the
Secretary of State a report disclosing the name of the person,
address, occupation, and employer, and amount of the payment. The
report shall be filed within 48 hours of making the payment or the
promise to make the payment.
   (b) (1) Except as provided in paragraph (2), if any person has
received a payment or a promise of a payment from other persons
totaling five thousand dollars ($5,000) or more for the purpose of
making a communication described in subdivision (a), the person
receiving the payments shall disclose on the report the name,
address, occupation and employer, and date and amount received from
the person.
   (2) A person who receives or is promised a payment that is
otherwise reportable under paragraph (1) is not required to report
the payment if the person is in the business of providing goods or
services and receives or is promised the payment for the purpose of
providing those goods or services.
   (c) Any payment received by a person who makes a communication
described in subdivision (a) is subject to the limits specified in
subdivision (b) of Section 85303 if the communication is made at the
behest of the clearly identified candidate.

85311.  (a) For purposes of the contribution limits of this chapter,
the following terms have the following meanings:
   (1) "Entity" means any person, other than an individual.
   (2) "Majority owned" means an ownership of more than 50 percent.
   (b) The contributions of an entity whose contributions are
directed and controlled by any individual shall be aggregated with
contributions made by that individual and any other entity whose
contributions are directed and controlled by the same individual.
   (c) If two or more entities make contributions that are directed
and controlled by a majority of the same persons, the contributions
of those entities shall be aggregated.
   (d) Contributions made by entities that are majority owned by any
person shall be aggregated with the contributions of the majority
owner and all other entities majority owned by that person, unless
those entities act independently in their decisions to make
contributions.

85312.  For purposes of this title, payments for communications to
members, employees, shareholders, or families of members, employees,
or shareholders of an organization for the purpose of supporting or
opposing a candidate or a ballot measure are not contributions or
expenditures, provided those payments are not made for general public
advertising such as broadcasting, billboards, and newspaper
advertisements. However, payments made by a political party for
communications to its members who are registered with that party
which would otherwise qualify as contributions or expenditures shall
be reported in accordance with Article 2 (commencing with Section
84200) of Chapter 4, and Chapter 4.6 (commencing with Section 84600),
of this title.

85314.  The contribution limits of this chapter apply to special
elections and apply to special runoff elections. A special election
and a special runoff election are separate elections for purposes of
the contribution and voluntary expenditure limits set forth in this
chapter.

85315.  (a) Notwithstanding any other provision of this chapter, an
elected state 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 officer receives
a notice of intent to recall pursuant to Section 11021 of the
Elections Code. An elected state 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 contributions 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 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.

85316.  (a) Except as provided in subdivision (b), a contribution
for an election may be accepted by a candidate for elective state
office after the date of the election only to the extent that the
contribution does not exceed net debts outstanding from the election,
and the contribution does not otherwise exceed the applicable
contribution limit for that election.
   (b) Notwithstanding subdivision (a), an elected state officer may
accept contributions after the date of the election for the purpose
of paying expenses associated with holding the office provided that
the contributions are not expended for any contribution to any state
or local committee. Contributions received pursuant to this
subdivision shall be deposited into a bank account established solely
for the purposes specified in this subdivision.
   (1) No person shall make, and no elected state officer shall
receive from a person, a contribution pursuant to this subdivision
totaling more than the following amounts per calendar year:
   (A) Three thousand dollars ($3,000) in the case of an elected
state officer of the Assembly or Senate.
   (B) Five thousand dollars ($5,000) in the case of a statewide
elected state officer other than the Governor.
   (C) Twenty thousand dollars ($20,000) in the case of the Governor.
   (2) No elected state officer shall receive contributions pursuant
to paragraph (1) that, in the aggregate, total more than the
following amounts per calendar year:
   (A) Fifty thousand dollars ($50,000) in the case of an elected
state officer of the Assembly or Senate.
   (B) One hundred thousand dollars ($100,000) in the case of a
statewide elected state officer other than the Governor.
   (C) Two hundred thousand dollars ($200,000) in the case of the
Governor.
   (3) Any contribution received pursuant to this subdivision shall
be deemed to be a contribution to that candidate for election to any
state office that he or she may seek during the term of office to
which he or she is currently elected, including, but not limited to,
reelection to the office he or she currently holds, and shall be
subject to any applicable contribution limit provided in this title.
If a contribution received pursuant to this subdivision exceeds the
allowable contribution limit for the office sought, the candidate
shall return the amount exceeding the limit to the contributor on a
basis to be determined by the Commission. None of the expenditures
made by elected state officers pursuant to this subdivision shall be
subject to the voluntary expenditure limitations in Section 85400.
   (4) The commission shall adjust the calendar year contribution
limitations and aggregate contribution limitations set forth in this
subdivision in January of every odd-numbered year to reflect any
increase or decrease in the Consumer Price Index. Those adjustments
shall be rounded to the nearest one hundred dollars ($100).

85317.  Notwithstanding subdivision (a) of Section 85306, a
candidate for elective state office may carry over contributions
raised in connection with one election for elective state office to
pay campaign expenditures incurred in connection with a subsequent
election for the same elective state office.

85318.  A candidate for elective state office may raise
contributions for a general election prior to the primary election,
and for a special general election prior to a special primary
election, for the same elective state office if the candidate sets
aside these contributions and uses these contributions for the
general election or special general election. If the candidate for
elective state office is defeated in the primary election or special
primary election, or otherwise withdraws from the general election or
special general election, the general election or special general
election funds shall be refunded to the contributors on a pro rata
basis less any expenses associated with the raising and
administration of general election or special general election
contributions. Notwithstanding Section 85201, candidates for elective
state office may establish separate campaign contribution accounts
for the primary and general elections or special primary and special
general elections.

85319.  A candidate for state elective office may return all or part
of any contribution to the donor who made the contribution at any
time, whether or not other contributions are returned, except a
contribution that the candidate made for state elective office to his
or her own controlled committee.

85320.  (a) No foreign government or foreign principal shall make,
directly or through any other person, any contribution, expenditure,
or independent expenditure in connection with the qualification or
support of, or opposition to, any state or local ballot measure.
   (b) No person and no committee shall solicit or accept a
contribution from a foreign government or foreign principal in
connection with the qualification or support of, or opposition to,
any state or local ballot measure.
   (c) For the purposes of this section, a "foreign principal"
includes the following:
   (1) A foreign political party.
   (2) A person outside the United States, unless either of the
following is established:
   (A) The person is an individual and a citizen of the United
States.
   (B) The person is not an individual and is organized under or
created by the laws of the United States or of any state or other
place subject to the jurisdiction of the United States and has its
principal place of business within the United States.
   (3) A partnership, association, corporation, organization, or
other combination of persons organized under the laws of or having
its principal place of business in a foreign country.
   (4) A domestic subsidiary of a foreign corporation if the decision
to contribute or expend funds is made by an officer, director, or
management employee of the foreign corporation who is neither a
citizen of the United States nor a lawfully admitted permanent
resident of the United States.
   (d) This section shall not prohibit a contribution, expenditure,
or independent expenditure made by a lawfully admitted permanent
resident.
   (e) Any person who violates this section shall be guilty of a
misdemeanor and shall be fined an amount equal to the amount
contributed or expended.

85321.  Notwithstanding any other provision of this chapter, if a
candidate for elective state office or the candidate's controlled
committee had net debts resulting from an election held prior to
January 1, 2001, contributions to that candidate or committee for
that election are not subject to the limits of Sections 85301 and
85302.