Campaign DisclosureOrganization of Committees
Section § 84100
This law requires that every recipient committee, which is involved in political contributions and expenditures, must have a treasurer. No money can be spent or received on behalf of the committee without the treasurer's approval, and the position must always be filled.
The committee can also appoint an assistant treasurer. The assistant treasurer can sign and verify campaign statements if they prepare and review them carefully and sign under penalty of perjury, as required by another specific section.
Section § 84101
This law requires political committees in California to file a statement of organization with the Secretary of State and a local filing officer if applicable. Committees must submit this statement within 10 days of becoming a committee. If a committee is formed just before an election and after the last pre-election campaign statement deadline, it must report its formation information within 24 hours through various means like fax or online. Independent expenditure committees, spending $1,000 or more, have similar 24-hour reporting requirements.
Certain payments, like filing fees from personal funds, aren't counted towards contribution thresholds for reporting. Committees can remove bank account numbers from local filings, and the Secretary of State will redact these numbers before public access.
Section § 84101
This law requires political committees to file an official statement of organization when they qualify as a committee. This statement must be filed online with the Secretary of State and possibly with a local officer. If the committee qualifies close to an election, they must file within 24 hours. Independent expenditure committees spending $1,000 or more also need to file. Contributions over $2,000 exclude certain personal payments. Committees can protect sensitive bank information when filing, and the Secretary of State must ensure this info isn't publicly disclosed.
Section § 84101.5
The law requires committees to pay an annual fee of $50 to the Secretary of State after filing their statement of organization, continuing each year until the committee ends. This fee is due within 15 days of filing the initial form and by January 15 each year. If a committee starts in the last three months of the year and pays the initial fee then, it won't have to pay the fee the following year. Not paying on time incurs a $150 penalty. The Secretary of State enforces these fee requirements.
Section § 84101.5
This law states that political committees in California must pay a $50 annual fee when they file their organization papers and yearly by April 30 until they close down. If a committee starts between October and December and pays the fee during that time, it doesn't have to pay again for the next year. If a committee fails to pay the fee on time, it faces a $150 penalty. The Secretary of State is in charge of enforcing this rule.
Section § 84102
This section outlines what must be included in the statement of organization for political committees. The details required are the committee's name, address, email, phone number, and, if sponsored, the sponsor's information. If there are multiple sponsors, the committee's name should reflect the represented group or industry.
The treasurer's contact details and the names of principal officers must also be provided. If there are more than three principal officers, only three need to be named. The treasurer must acknowledge understanding the responsibilities and potential penalties related to their role, and the statement cannot be accepted without this acknowledgment.
Committees must state the full name and position sought by candidates or measures they support or oppose and describe political activities if not primarily supporting candidates or measures. Committees must also declare whether they are independent or controlled and provide information on financial institutions where they hold accounts, along with any other details required by regulations.
Section § 84103
When there's a change in a committee's organization details, an update must be filed within 10 days online with the Secretary of State and locally. Crucially, if this change happens within 16 days before an election, key details like the committee's name or officers must be updated within 24 hours. This ensures election-related transparency and timely public access to correct information.
Additionally, if new officers are involved, they must complete required acknowledgments online, although ignoring this step isn't legally punishable. However, the updated details won't be accepted by the Secretary of State without these acknowledgments. These rules take effect once an online filing system is certified.
Section § 84104
If you're a candidate or responsible for election campaign finances, you must keep detailed records like bills and receipts to prove your campaign reports are accurate and filed correctly. You have to keep these records for a designated time, but not longer than the deadline set by the statute of limitations or two years after an audit report is finalized, whichever is shorter.
Section § 84105
If a candidate or committee gets $5,000 or more from someone in a year, they must tell that person within two weeks that they might have to file campaign reports, pointing them to specific filing rules. If a contribution is $10,000 or more during certain periods, the notice needs to go out in one week. However, this doesn't apply if the contributor already has an ID number from the Secretary of State.
Section § 84106
This law states that when a sponsored committee needs to identify itself, it must use the exact name listed in its official organization statement. Any sponsored committee is required to have only one official name, as shown in its filed documents.
Section § 84107
This law requires any committee that is mainly created to either support or oppose a ballot measure to clearly indicate its stance in its name. Within 30 days after the ballot propositions are numbered, supportive committees must include "a committee for Proposition ____,” while opposing committees must state "a committee against Proposition ____.” This must be done in any legal reference to the committee.
Section § 84108
This law states that any slate mailer organization, which sends out mailings to voters about candidates or measures, must follow specific rules. They need to include their name, address, phone number, and, if they are an individual or business entity, the name they use legally. They also must list details about their treasurer, principal officers, and anyone who decides which candidates or measures the mailers will support or oppose. This information must be filed with the Secretary of State within 10 days if they receive or are promised $500 or more for producing slate mailers. If they become a slate mailer organization shortly before an election, they have to file the necessary information within 24 hours by fax, overnight delivery, or in person if it's after the last required pre-election statement filing date.
Section § 84108
If you're running a slate mailer organization, you need to follow certain rules and fill out a detailed organizational statement. This statement must list the organization's name, address, email, and phone number, as well as information about the treasurer and key decision-makers.
You have to file this statement online with the Secretary of State when you receive or are promised $500 or more for distributing these mailers. Normally, you file within 10 days, but if you're close to an election, you have just 24 hours to file after qualifying as a slate mailer organization.
Section § 84109
This law requires limited liability companies (LLCs) that act as political committees or sponsors to disclose their key members to the Secretary of State. They must file a 'statement of members,' listing individuals who either own 10% or more of the company or have contributed at least $10,000. The disclosure includes names, contribution details, and ownership percentages. This statement is generally due within 10 days but must be submitted within 24 hours if occurring close to an election with political contributions involved. Amended statements are required if further large contributions are received. Contributions earmarked for political purposes must be treated as political contributions. The statement must be filed electronically and will be publicly available online.