Initiative, Referendum, and RecallMisuse of Campaign Funds

Section § 18680

Explanation

This law section states that if someone is given money or valuable items to support or oppose an initiative, referendum, or recall petition, they must use those resources as a trustee would. This means they have to spend the money or items specifically on certain allowed activities, like gathering petition signatures, running public meetings, printing campaign materials, or hiring campaign staff. If they misuse the funds for other purposes, they could face a fine of up to $5,000 or jail time. Personal expenses like food and clothing are not allowed, but travel for campaign purposes is permitted.

Every person who is entrusted with money or things of value for the purpose of promoting or defeating any initiative, referendum, or recall petition or any measure that has qualified for the ballot is a trustee of the money or things of value. If a person wrongfully appropriates the money or things of value to any use or purpose not in the due and lawful execution of the trust, the person shall be punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment. The following expenses are within the due and lawful execution of the trust:
(a)CA Elections Code § 18680(a) Securing signatures to initiative, referendum, or recall petitions.
(b)CA Elections Code § 18680(b) Circulating initiative, referendum, or recall petitions.
(c)CA Elections Code § 18680(c) Holding and conducting public meetings.
(d)CA Elections Code § 18680(d) Printing and circulating prior to an election:
(1)CA Elections Code § 18680(d)(1) Specimen ballots.
(2)CA Elections Code § 18680(d)(2) Handbills.
(3)CA Elections Code § 18680(d)(3) Cards.
(4)CA Elections Code § 18680(d)(4) Other papers.
(e)CA Elections Code § 18680(e) Advertising.
(f)CA Elections Code § 18680(f) Postage.
(g)CA Elections Code § 18680(g) Expressage.
(h)CA Elections Code § 18680(h) Telegraphing.
(i)CA Elections Code § 18680(i) Telephoning.
(j)CA Elections Code § 18680(j) All salaries and expenses of:
(1)CA Elections Code § 18680(j)(1) Campaign managers.
(2)CA Elections Code § 18680(j)(2) Lecturers.
(3)CA Elections Code § 18680(j)(3) Solicitors.
(4)CA Elections Code § 18680(j)(4) Agents.
(5)CA Elections Code § 18680(j)(5) All persons employed in transacting business at headquarters or branch offices, if the business transacted is related to promoting or defeating an initiative, referendum, or recall petition or any measure which has qualified for the ballot.
(k)CA Elections Code § 18680(k) Maintaining headquarters and branch offices.
(l)CA Elections Code § 18680(l) Renting of rooms for the transaction of the business of an association.
(m)CA Elections Code § 18680(m) Attorney’s fees and other costs in connection with litigation where the litigation arises directly out of any of the following:
(1)CA Elections Code § 18680(m)(1) Activities related to promoting or defeating an initiative, referendum, or recall petition or any measure that has qualified for the ballot.
(2)CA Elections Code § 18680(m)(2) The enactment, by the initiative process, of any ordinance, charter amendment, statute, or constitutional amendment.
(3)CA Elections Code § 18680(m)(3) An election contest or recount.
(4)CA Elections Code § 18680(m)(4) A violation of state or local campaign, disclosure, or election laws.
The amendment of this section by adding subdivision (m) thereto, made at the 1991–92 Regular Session of the Legislature, does not constitute a change in, but is declaratory of, the existing law.
Expenses for food, clothing, shelter and other personal needs of the trustee are not within the due and lawful execution of the trust. However, expenses for travel and necessary accommodations for the trustee are within the due and lawful execution of the trust, if the travel and accommodations are related to promoting or defeating an initiative, referendum, or recall petition or any measure that has qualified for the ballot.
initiative funding referendum expenses recall petition funds ...