Voluntary Expenditure Ceilings - Limitations On Contributions - Government - CA

Section § 85400

This law sets spending limits for candidates running for various state offices in California, if they choose to follow these limits. For Assembly candidates, the limit is $400,000 for primary elections and $700,000 for general elections. Senate candidates can spend up to $600,000 in primaries and $900,000 in generals. State Board of Equalization candidates have a limit of $1,000,000 for primaries and $1,500,000 for generals.

Other statewide candidates, except for Governor candidates, are limited to $4,000,000 for primaries and $6,000,000 for generals. Governor candidates can spend up to $6,000,000 in primaries and $10,000,000 in generals. "Campaign expenditures" cover most election activities except preparing finance disclosure statements.

Spending by political parties on behalf of candidates doesn't count towards these limits.

(a) A candidate for elective state office, other than the Board of Administration of the Public Employees’ Retirement System, who voluntarily accepts expenditure limits shall not make campaign expenditures in excess of the following:

(1) For an Assembly candidate, four hundred thousand dollars ($400,000) in the primary or special primary election and seven hundred thousand dollars ($700,000) in the general or special general election.

(2) For a Senate candidate, six hundred thousand dollars ($600,000) in the primary or special primary election and nine hundred thousand dollars ($900,000) in the general or special general election.

(3) For a candidate for the State Board of Equalization, one million dollars ($1,000,000) in the primary election and one million five hundred thousand dollars ($1,500,000) in the general election.

(4) For a statewide candidate other than a candidate for Governor or the State Board of Equalization, four million dollars ($4,000,000) in the primary election and six million dollars ($6,000,000) in the general election.

(5) For a candidate for Governor, six million dollars ($6,000,000) in the primary election and ten million dollars ($10,000,000) in the general election.

(b) For purposes of this section, “campaign expenditures” has the same meaning as “election-related activities” as defined in Section 82022.5, except that it does not include preparing campaign finance disclosure statements.

(c) A campaign expenditure made by a political party on behalf of a candidate shall not be attributed to the limitations on campaign expenditures set forth in this section.

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Section § 85401

This law outlines when and how candidates for state office in California must decide on voluntary spending limits for their campaigns. Initially, candidates must declare whether they accept these limits when filing their intent to run for office. They can change this decision, but only up to the filing deadline for nomination papers and must not have exceeded the limits. Candidates are allowed to change their decision twice after the initial declaration. If a candidate initially declines the limits but stays within them during initial elections, they can opt-in for the limits in runoff elections within 14 days of the previous election. Changes outside these rules aren't allowed.

(a) Each candidate for elective state office shall file a statement of acceptance or rejection of the voluntary expenditure limits set forth in Section 85400 at the time the candidate files the statement of intention specified in Section 85200.

(b) A candidate may, until the deadline for filing nomination papers set forth in Section 8020 of the Elections Code, change the candidate’s statement of acceptance or rejection of voluntary expenditure limits provided the candidate has not exceeded the voluntary expenditure limits. A candidate shall not change the candidate’s statement of acceptance or rejection of voluntary expenditure limits more than twice after the candidate’s initial filing of the statement of intention for that election and office.

(c) Any candidate for elective state office who declined to accept the voluntary expenditure limits but who nevertheless does not exceed the limits in the primary, special primary, or special election, may file a statement of acceptance of the expenditure limits for a general or special runoff election within 14 days following the primary, special primary, or special election.

(d) Notwithstanding Section 81004.5 or any other provision of this title, a candidate shall not change the candidate’s statement of acceptance or rejection of voluntary expenditure limits other than as provided for by this section and Section 85402.

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Section § 85402

This law states that if a candidate for a state-level election in California initially agrees to keep their campaign spending below a certain limit but then discovers their opponent has put more of their own money into their campaign than those limits allow, the first candidate is no longer required to stick to that spending limit. Additionally, candidates must inform the relevant commission quickly if they contribute personal funds to their own campaign.

(a) Any candidate for elective state office who has filed a statement accepting the voluntary expenditure limits is not bound by those limits if an opposing candidate contributes personal funds to the opposing candidate’s own campaign in excess of the limits set forth in Section 85400.

(b) The commission shall require by regulation timely notification by candidates for elective state office who make personal contributions to their own campaign.

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Section § 85403

This law states that if a candidate agrees to spending limits in their campaign but then spends more than allowed, they will face certain penalties. These penalties are detailed in other sections of the law that cover campaign finance violations.

Any candidate who files a statement of acceptance pursuant to Section 85401 and makes campaign expenditures in excess of the limits shall be subject to the remedies in Chapter 3 (commencing with Section 83100) and Chapter 11 (commencing with Section 91000).

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