Limitations on ContributionsContribution Limitations
Section § 85300
In California, public officers and candidates can't use public money to run for office unless specific conditions are met. This is allowed only if there's a special fund set up by law, and all qualified candidates for the office have equal access to this fund, regardless of their current position or party. The rules for who qualifies for this money must be clearly defined by law.
Section § 85301
This law sets limits on how much money individuals can contribute to political candidates during an election in California. Specifically: For non-statewide candidates, the contribution limit is $3,000; For statewide candidates, except for Governor, the limit is $5,000; For Governor candidates, the limit is $20,000. These limits don't apply to small contributor or political party committees. Additionally, local candidates have similar limits, subject to local laws. Candidates can use their own money without limits for their campaigns.
Section § 85302
This law sets limits on how much money small contributor committees can give to candidates running for various state offices in California. For most state offices, the maximum contribution is $6,000 per election. For statewide offices, except the governor, the limit is $10,000 per election. For the governor's race, the limit is $20,000 per election.
Section § 85303
This law limits how much money a person can contribute to political committees in California each year. For non-party committees, the limit is $5,000, and for political party committees, it's $25,000, specifically for supporting or opposing state office candidates.
These contribution limits also apply to a party's expenses for communications that are in coordination with a candidate. However, there are no limits if contributions are used for other purposes not related to state candidate support. Also, candidates can transfer extra funds to party committees, provided the money is used following specific guidelines.
Section § 85304
This section allows candidates and elected state officials in California to set up a special account to pay for legal defense costs if they face legal proceedings related to their campaign or official duties. They can receive contributions for these costs without the usual contribution limits, but they must report them properly. After the legal issue is resolved, any leftover funds must be used for specific purposes outlined in another section. The law prohibits using these funds to cover penalties or settlements for sexual misconduct claims, and if misused, the candidate must reimburse the account. 'Legal costs' for this purpose include only defense-related attorney fees and administrative compliance costs, excluding things like fundraising or advertising fees.
Section § 85304.5
This law allows candidates for non-state elective offices and certain elected officials to set up a special account to cover legal fees. They can raise funds for this account, but must follow local contribution limits and report contributions properly. After resolving any legal disputes, leftover funds must be used in specific permissible ways outlined by law. Importantly, these funds can't be used to pay for penalties or settlements related to sexual misconduct claims against the candidate or official. If such funds are used for other legal costs related to these claims and the person is found liable, they must repay the account.
Section § 85305
This law states that candidates running for state, county, or city offices, or committees they control, cannot donate more than the allowed amount to other candidates for similar positions, as specified by another law. However, this rule does not apply if the local government already has donation limits in place. This law took effect on January 1, 2021.
Section § 85306
This law explains how candidates in California can transfer campaign funds between their committees for different offices. They must use specific accounting methods to track contributions and make sure they don't exceed legal donation limits. However, if candidates had campaign funds before certain dates in 2001 or 2002, they can use those funds without tracking the original donors. Also, this rule doesn't apply in areas that have their own contribution limits. The law went into effect on January 1, 2021.
Section § 85307
This law explains rules for candidates running for state, county, or city office regarding loans for their campaigns. Candidates can get loans from banks just like any other customer, but they cannot personally lend their campaign more than $100,000. They also can't earn interest on loans they give to their campaigns. Some cities or counties with their own contribution limits might have different rules. These regulations began on January 1, 2021.
Section § 85308
This law states that when a husband and wife give political donations, their contributions should be treated separately, not combined. Also, if a child under 18 gives a contribution, it's assumed to be made by the child's parent or guardian.
Section § 85309
This law requires candidates for state office and committees supporting or opposing state ballot measures to report large contributions to the Secretary of State promptly. For contributions of $1,000 or more received during an election cycle, candidates and committees must file reports online or electronically within 24 hours. For contributions of $5,000 or more received outside of election cycles, they must file these reports within 10 business days. These reports need to include specific information as outlined in another section of the law.
Section § 85310
This law requires anyone spending $50,000 or more on ads that mention a state candidate close to an election, without saying to vote for or against them, to disclose details about themselves and the payment to the Secretary of State within 48 hours. If you receive $5,000 or more from others to fund these ads, you must disclose who paid you unless you're a business providing a service. If the ad is done at the candidate's request, financial limits may apply.
Section § 85312
This law says that if an organization communicates with its members, employees, shareholders, or their families about supporting or opposing a candidate or ballot measure, those communications aren't considered official political donations or spending, as long as they don't use public ads like TV, billboards, or newspapers.
However, if a political party communicates with its registered members in such a way that it would usually be seen as political spending, it must report those activities following specific reporting rules laid out in different parts of the law.
Section § 85314
This law specifies that the contribution limits for campaign donations apply both to special elections and to special runoff elections. It emphasizes that each type of election is considered a separate event in terms of these financial limits.
Section § 85315
This law allows elected officials at the state, county, or city level to create a special committee to fight against a recall campaign if they receive a formal notice of intent to recall them. They can raise unlimited funds to oppose the recall, meaning there are no standard donation limits. However, if the recall effort either fails or culminates, these committees must close down and use leftover funds for specific purposes within 30 days. This rule does not apply where local contribution limits exist. The law took effect starting January 1, 2021.
Section § 85316
If you're running for office in California, you can accept donations after an election, but only if they don't exceed your campaign's unpaid expenses and stick to contribution limits. However, if you win, you can keep raising money to cover job-related expenses, but it can't go to other political committees. There's a cap on how much you can get annually: $3,000 for Assembly or Senate members, $5,000 for most statewide positions, and $20,000 for the Governor. Total annual limits are $50,000 for Assembly/Senate, $100,000 for most statewide positions, and $200,000 for the Governor. These donations count as potential future campaign contributions, with rules against exceeding contribution limits. Every two years, these limits adjust based on inflation.
These rules don't apply where local contribution limits exist, and came into effect on January 1, 2021.
Section § 85317
This law allows candidates for state, county, or city office in California to use leftover campaign contributions from one election for future elections for the same office.
If a candidate wins a primary election by majority vote and doesn’t move on to the general election, they can use the remaining primary funds for future campaigns.
General election funds can also be carried over, but must be linked to specific contributors, unlike primary funds.
This rule doesn’t apply if the local jurisdiction has its own contribution limits.
Section § 85318
If you're running for a state, county, or city office, you can collect donations for the general election before even winning the primary. But if you lose or drop out, you have to refund the donations, minus any costs you needed to raise or manage the funds. However, if you never officially entered the primary race, you don’t have to return the money and can move it to another campaign. You’re also allowed to set up different accounts for primary and general election donations. This rule doesn't apply in places that have their own donation limits.
Section § 85319
This law allows a candidate running for state office to return any contributions received from donors whenever they wish. However, the candidate cannot return contributions that they personally made to their own campaign committee.
Section § 85319.5
This law allows a committee that receives a contribution exceeding legal limits to either return the excess amount or attribute it to another election, without breaking the rules, if they follow specific guidelines. Firstly, the excess must be dealt with within 14 days without using the funds or knowing they're over the limit. If they deposit the money knowingly, the timeframe shortens to a 72-hour window or before the election day, whichever is sooner, and the contribution cannot be more than double the limit. Additionally, they must notify the contributor that their donation exceeded limits and of any redirection to another election. A committee may ask for written consent to redirect funds to a different election, or they may automatically split the excess between elections, in line with regulations. Lastly, "making use" of funds means spending beyond what would have been available without the excess contribution.
Section § 85320
This law makes it illegal for foreign governments or principals to contribute money or resources to influence California ballot measures or state/local elections. It also prohibits anyone from asking for or receiving such contributions from foreign sources.
A "foreign principal" includes foreign political parties, non-U.S. citizens unless they are U.S. residents or incorporated businesses with a U.S. base, foreign organizations or partnerships, and any domestic subsidiary controlled by foreign corporation officials.
Lawfully admitted permanent residents can still make contributions or expenditures.
If someone breaks this law, they could face a misdemeanor charge and a fine equal to the improper contribution or expenditure.
Section § 85321
This law allows candidates for state office who have debts from elections before January 1, 2001, to receive contributions without the usual limits that apply. These financial limits, outlined in other sections, don't apply to help pay off those older debts.