Political ReformFair Political Practices Commission
Section § 83100
The Fair Political Practices Commission is set up within the state government and consists of five members, including the chairperson. To maintain political balance, no more than three members can belong to the same political party.
Section § 83101
This law states that the Governor is responsible for appointing the chair and one other member of a commission. However, these two appointees must belong to different political parties, ensuring political diversity.
Section § 83102
This section explains how members are appointed to a certain Commission by the Attorney General, the Secretary of State, and the Controller. Each of these officials gets to appoint one member to the Commission. However, if all three officials belong to the same political party, the chair of another political party, with more than 500,000 registered members, can submit a list of potential appointees to the Controller. This list must have at least five qualified and willing candidates. The Controller must then pick a member from one of these lists if they receive one. The timing for submitting this list follows specific guidelines related to the initial appointment or any subsequent appointments.
Section § 83103
This section explains the term lengths for the members and chair of the Commission. They normally serve for four years starting February 1 and ending on January 31, or until their successors are ready. However, the first appointees have a six-year term. Once a member or chair completes a term, they cannot be reappointed.
Section § 83104
When a position on the Commission becomes vacant, it must be filled within thirty days by the same official who appointed the previous person. This process doesn't follow the rules of Section 83102(b). The new appointee will serve for the remainder of the original term. Even if there are vacancies, the remaining members can still make decisions. The Commission needs at least three members present to make official decisions.
Section § 83105
This law states that commission members must be registered voters (electors) and are not allowed to hold any other public office, participate in political activities, or work as lobbyists while serving on the commission. They also cannot run for other public offices during their term. If a member neglects their duties, engages in serious misconduct, is unable to perform their responsibilities, or breaks this rule, they can be removed from the position by the Governor with Senate approval, following a written notice and a chance to respond.
Section § 83106
The chair of the Commission will receive the same salary as the president of the Public Utilities Commission. Other Commission members will earn $100 per day for working on official tasks. All members, including the chair, can also get reimbursed for any expenses from performing their official duties.
Section § 83107
This law section states that the Commission must hire an executive director who will follow the Commission's rules and legal requirements. The Commission also has the authority to hire and fire officers, lawyers, and other staff, following civil service laws, and it sets employee pay and job responsibilities.
Section § 83108
This law allows the Commission to give power to either the chair or the executive director to make decisions or take actions on behalf of the Commission when it's not in session or holding meetings.
Section § 83109
This law means that if you hold a nonclerical job with the Commission, your job won't be grouped in the same category as jobs from other departments or agencies in the civil service system.
Section § 83110
The main office of the Commission is located in Sacramento, but they can have other offices and conduct meetings anywhere in the state. All Commission meetings are public, although they can choose to have private discussions about personnel matters and legal issues.
Section § 83111
This law gives the Commission the main job of fairly and efficiently running and enforcing the rules outlined in this title.
Section § 83111.5
This law ensures that any actions taken by the commission cannot violate basic constitutional rights. These rights include freedom of speech, the right to life, liberty, or property without fair legal proceedings (due process), and the right to equal protection under the law.
Section § 83112
This law allows the Commission to make, change, or cancel rules that help achieve the goals of this title and manage its processes. These actions must follow the Administrative Procedure Act and be aligned with this title and any other relevant laws.
Section § 83113
This law outlines specific tasks for the commission related to campaign finance documents in California. The commission must create forms for reports and other required documents, provide bookkeeping and record-keeping instructions, and offer assistance to agencies and officials. They also maintain a central file of local campaign finance ordinances and annually publish a booklet summarizing the relevant laws and enforcement information. The booklet is provided free to governmental agencies and can be sold to others for a fee.
Section § 83114
This law allows individuals to request opinions or written advice from the commission about their duties under this title. If someone acts based on an opinion or advice given by the commission, they won't face criminal or civil penalties as long as they provided all the relevant facts. An opinion should be issued within 14 days, while written advice should be provided in 21 working days, although this can be extended. If the commission fails to respond within the timeframe, the individual may use this lack of response as a defense in any potential legal proceedings.
Section § 83115
This section explains that if someone files a sworn complaint about possible violations related to agencies, officials, elections, lobbyists, or legislative actions, the commission must investigate. Once a complaint is received, the commission has 14 days to inform the complainant about any actions taken or planned, and explain the reasons for those actions. If no decision is reached within the 14 days, the complainant must be informed about the delay and later updated on the outcome.
Section § 83115.5
Before the commission can determine there's probable cause that a law has been broken, the person accused must get a notification at least 21 days in advance. This notification needs to be sent through a registered mail or service of process, include a summary of the evidence, and inform the person of their right to attend the hearing and have a lawyer. The process is considered completed once the mail is received, or the receipt is returned unsigned. The hearing will be private unless the accused requests a public one.
Section § 83116
This section of the law deals with the procedure the commission follows when it suspects a rule has been broken. If there is probable cause, the commission can hold a hearing to decide if a violation actually happened, following specific state procedures. If someone is found guilty, the commission can order them to stop the violation, submit required documents, or pay a fine of up to $5,000 for each violation. If no offense is found, this will be publicly announced.
Section § 83116.3
If the commission disagrees with a decision made by an administrative law judge, they have to explain why they disagree in writing.
Section § 83116.5
If you break the rules of this law, or if you cause or help someone else to break the rules, you can be held accountable. However, this only applies to people who have obligations to file or report, or who are paid to plan, organize, or direct activities that this law oversees. Breaking this rule doesn't count as an extra offense under another specific chapter of the law.
Section § 83116.7
This law allows the Commission to offer a political reform education program instead of an administrative proceeding for people who break certain political rules, as long as they meet specific criteria. To qualify, a person should have little experience with the law they broke, the harm caused should be minimal, they should not have a similar penalty in the past five years, and there should be no evidence of intentional wrongdoing.
If someone completes the education program, they won't face penalties or have a record of this violation. However, failing to complete the program can result in administrative action. The Commission can charge a fee for participating in the program to cover its costs, which is paid to the state's General Fund. The law emphasizes that funding for this program should not take away from other funding for the Commission's responsibilities.
Section § 83117
This law allows the Commission to accept financial support, like grants and contributions, and hire outside services for tasks their employees can't handle. They can also employ their own legal counsel. Additionally, they can request free legal advice and representation from the Attorney General.
Section § 83117.5
Members of the commission cannot accept gifts that are valued at ten dollars or more each month. "Gift" here includes anything given directly or indirectly by state officials, candidates, or lobbyists, among others.
Section § 83118
This law gives the Commission the authority to require people to come and testify or provide evidence, which includes documents and records needed for the Commission’s work. They can make people appear and testify under oath, ensuring they can gather all necessary information for their duties.
Section § 83119
This law states that the Commission can force someone to testify or provide evidence even if they fear self-incrimination. If a person claims their right against self-incrimination and is still compelled to testify, they cannot be prosecuted for what they reveal, except if they lie under oath. Also, the Commission cannot grant immunity to a witness unless they've informed the Attorney General 30 days before, or the Attorney General waives this notice.
Section § 83120
If you are affected by a decision made by the Commission, you have the right to ask a court to look over that decision.
Section § 83121
This law states that if someone asks a court to review a decision made by the Commission about an upcoming election, the court must prioritize this case over others. The court can also speed up deadlines and take other actions to ensure a quick decision, while still ensuring fairness.
Section § 83122
This law grants $500,000 from California's General Fund to the Fair Political Practices Commission for operations during the 1974-1975 fiscal year and promises $1,000,000 (adjusted for cost-of-living changes) each year afterward. These funds help support the commission's work under the Political Reform Act of 1974. The money is subject to the same administrative review as other state funds. Additional funds may be provided by the legislature if needed. The Department of Finance must include relevant budget items, showing the distributions for the commission and other agencies involved in the Act, to support ongoing implementation. Furthermore, the usual definition of “expenditure” does not apply here.
Section § 83123.5
This section outlines a process where the San Bernardino County Board of Supervisors and a commission can agree for the commission to oversee and enforce local campaign finance reform laws. The commission can investigate violations and take administrative actions to enforce the rules. The local laws must follow certain standards, and the Board must consult the commission before making changes to these laws. They can also make agreements regarding cost reimbursements related to the enforcement. Either party can decide to end these agreements without penalties, except for reasonable costs related to services already rendered.
Section § 83123.6
This law allows the California Commission to manage local campaign finance or government ethics laws for a local agency if both agree. Once a deal is made, the Commission can handle enforcement of these laws, including investigating violations and prosecuting civil cases, without needing further permission from the local agency.
The local laws must line up with existing regulations, and any changes require consultation with the Commission. Agreements should include cost arrangements, subject to review and approval, and can be canceled with 90 days' notice unless otherwise agreed.
The Commission will list participating agencies on its website and is required to report to the Legislature on the agreements' performance by 2025. The law doesn't apply to large jurisdictions like San Bernardino County and expires in 2026, unless extended.
Section § 83124
Every odd-numbered year, the commission must update the limits on political contributions and spending based on changes in the Consumer Price Index. These adjustments are rounded to the nearest $100 for contributions and $1,000 for spending limits.