Political ReformEnforcement
Section § 91000
This law states that if someone knowingly breaks any part of this title, they're committing a misdemeanor.
If convicted, beyond other legal penalties, they could face a fine. This fine could be up to $10,000 or three times the amount they failed to report correctly, or illegally contributed, spent, gave, or got.
Legal action must be taken within four years of the violation.
Section § 91000.5
This law addresses the time frame for starting administrative actions for violations. It states that any action alleging a violation must be initiated within five years from the date of the violation. The action officially begins when the notice of a probable cause hearing is served to the accused individual.
However, if the person accused of the violation has fraudulently concealed their actions or identity, this five-year limit is paused for the duration of the concealment. Fraudulent concealment involves knowingly hiding important facts related to one's duties to deceive the public.
Additionally, if a person fails to produce documents as ordered by a court subpoena in such proceedings, the five-year limit is also paused from when the motion to force compliance is filed until the documents are produced.
Section § 91001
This law outlines who is responsible for enforcing both criminal and civil aspects of regulations concerning state agencies, lobbyists, and state elections. The Attorney General handles criminal enforcement, along with district attorneys who share these responsibilities. Civil enforcement is managed mainly by the civil prosecutor. The commission deals with state-related cases, while the Attorney General handles matters involving the commission itself. District attorneys manage other agencies. Additionally, civil actions can be initiated by the commission upon approval from district attorneys. When deciding on penalties, the nature of the violation and the offender's intentions are considered.
Section § 91001.5
This law allows the elected city attorney of a charter city to step in as the prosecutor for either civil or criminal cases related to this title, but only for violations that occur within their city. Normally, a district attorney would handle these cases, but this provision provides an alternative.
Section § 91002
If someone is convicted of a misdemeanor under this law, they cannot run for office or work as a lobbyist for four years after the conviction unless the court decides this rule doesn’t apply at sentencing. A 'nolo contendere' plea, which means not contesting the charge, counts as a conviction. If someone breaks this rule, they commit a felony.
Section § 91003
If you live in the area, you can sue to stop or correct violations of certain legal rules. For these cases, the court might ask you to report the issue to the commission first. If you win in court, you could have your legal costs covered, including reasonable lawyer fees.
If you show the court that there's been a violation of specific conflict of interest laws, the court can pause any related official actions until a final decision is made. If they confirm a violation, the court can cancel any official decisions like orders or contracts. The court also considers how stopping these actions might affect innocent people who depend on them.
Section § 91003.5
If someone breaks certain rules set out in Article 2, 3, or 4.5 of Chapter 7, they can be disciplined by their agency. This can include being fired, but it must align with existing employment laws and procedures.
Section § 91004
If someone intentionally or carelessly fails to meet the reporting requirements specified in this law, they can be held financially responsible. This liability can be pursued in a civil lawsuit by either the civil prosecutor or a local resident. The maximum penalty is the amount or value that wasn't reported correctly.
Section § 91005
If a person makes or receives illegal political contributions, gifts, or expenses, they may have to pay fines. The fine can be up to $1,000 or triple the amount of what's illegal, depending on which is higher.
Also, if certain government workers benefit financially from conflicts of interest, they could be fined up to three times the benefit they received. These cases can be brought to court by local prosecutors or residents.
Section § 91005.5
If someone breaks a rule from this title, except for a few specific sections, and there isn't a specific fine already set, they can be sued by the commission, district attorney, or elected city attorney. They might have to pay up to $5,000 for each violation.
However, you can't file a civil lawsuit if there's already a criminal case against the person for the same issue.
This rule only applies to violations that happen after this law took effect.
Section § 91006
If multiple people are found responsible for breaking a rule, each person can be held fully accountable for fixing the problem. This means that any of them can be pursued for the entire amount of damages or penalties, not just a part of it. It's up to them to sort out who pays what among themselves.
Section § 91007
Before someone can file a civil lawsuit under certain sections, they must first ask the civil prosecutor to take action. This includes giving reasons for the lawsuit. The prosecutor needs to reply, stating whether they will take the case. If the prosecutor agrees and files a lawsuit within 120 days, no one else can file a similar suit unless the prosecutor's case is dismissed. If the prosecutor declines or doesn't reply in 120 days, the person can file their own lawsuit after that time. The timeline to file is paused from when they request the prosecutor's help until either the prosecutor's case is dismissed or they get a negative response.
If someone starts a lawsuit, they have to send a copy or a notice of the lawsuit to the commission within 10 days. This notice should include details about the case, such as the title, case number, court details, attorney's information, and a statement saying the case pertains to the Political Reform Act of 1974. The case won’t be dismissed if they don’t follow these notification rules.
Section § 91008
You can only have one judgment for a specific violation under Sections 91004 and 91005 to avoid duplicate judgments. If there are multiple cases for the same issue, they will be tried in the order they were filed. Once a judgment or settlement for a case is decided, any other related actions must be dismissed. A case can be dismissed if the plaintiff doesn't pursue it actively and in good faith, and this can be initiated by the prosecutor or any plaintiff involved in the same violation case.
Section § 91008.5
This law states that if a person has already been issued an order for a violation by the commission under Section 83116, no further civil lawsuits can be filed against them for the same violation under Sections 91004, 91005, or 91005.5.
Section § 91009
This law section explains how liability amounts are determined for violations referenced in Sections 91004 and 91005. When deciding the penalty, the court will consider how serious the violation is and how responsible the defendant is. If the defendant is found liable, the plaintiff will receive half of the recovery amount, and the other half goes to the state's General Fund. However, if the case is brought by a civil prosecutor, the full recovery amount goes to the jurisdiction's general fund or treasury.
Section § 91010
In simple terms, this law means you can't ask the civil prosecutor for help with certain reports or statements until an audit or investigation is legally allowed to start. This timing is controlled by another specific law section.
Section § 91011
Section § 91012
If you win a lawsuit that's allowed under this law, the court can make the other side pay for your legal costs like attorney fees. However, if you're a private individual suing, a judge can make you put up a bond first to ensure that you'll cover court costs if you lose.
Section § 91013
If you file a required statement or report late, you generally owe a $10 fee for each day it's late. This fee continues until you file the statement or report. However, there are exceptions: 1) If your late filing wasn't intentional and the fee doesn't help the act's purpose, you might not have to pay, especially if you file within specified days after a notice; 2) If a serious illness or hospitalization prevented you from filing on time; 3) If you complete a political reform education program.
For late copies of statements, the fee starts 10 days, or 5 days if close to an election, after a notice is sent and applies until filing. Exceptions also include illness or completing the education program. Any fees collected go to the local government's general fund. The total fee won't be more than the late report's total or $100, whichever is higher.
Section § 91013.5
Section § 91013.7
If someone doesn't challenge a Commission's final decision in time, or all their review options are used up, the Commission can ask a court clerk to enforce penalties. This involves providing a certified copy of the decision and proof it was delivered. The clerk must then quickly enter the judgment for the penalties. This request needs to be made in the court located in the same area where the penalties were set by the Commission.
Once entered, the judgment is treated just like any civil court judgment, meaning it can be enforced in the same way. However, the Commission has only four years from the date the penalties were imposed to seek this court judgment. This method doesn't replace other penalty collection methods that might be available under different laws.
Section § 91014
This law section makes it clear that just because something is covered by the rules in this chapter, it doesn't mean you're off the hook for following other state laws.