Political ReformOnline Disclosure Act of
Section § 84600
This section states that the chapter can be called the Online Disclosure Act, establishing its official name.
Section § 84601
This law emphasizes the importance of transparent campaign and lobbying financial disclosures in California. It acknowledges the comprehensive nature of the Political Reform Act of 1974 and the need for these disclosures to be accessible to the public. Due to technological advancements, California aims to develop an easy-to-use online system for viewing campaign finance and lobbying information. The system should allow voters, journalists, and researchers to access this data through searches and visual tools like graphs and maps.
Section § 84602
This section requires the California Secretary of State to develop an online system for filing and disclosing political statements and reports. The aim is to make it easier for certain individuals and entities to submit their filings electronically, in compliance with legal disclosure requirements. Filers can submit their reports free of charge using a standardized format, and the data will be made publicly available online, ensuring easy access while protecting sensitive information like street addresses and bank account numbers.
Safe and secure technology will be used to prevent data tampering, and the data will be maintained online for up to 20 years. The Secretary of State is required to assist those seeking public access and allow filers to electronically sign submissions under penalty of perjury. Additionally, the section outlines collaborations and consultations needed to ensure the system meets user needs and legislative requirements, with a target deployment by February 2021.
Section § 84602.1
By June 30, 2007, the Secretary of State must ensure that all lobbying registration forms can be filed online. By February 1, 2007, a report is due to the Legislature detailing the progress of implementing the online filing system, particularly regarding free filing services for all filers. This includes an update on which filers still face charges, what is missing for a no-cost solution, and necessary resources. This report must explain why the initial funding did not cover the required free system and when it will be fully operational. Further updates are required every July 1 and December 1 until the system is implemented for all filers.
Section § 84602.3
This law requires the California Secretary of State to clearly display on its website the links to any local government sites containing publicly available information about campaign finances. These links need to be updated every year by December 31.
Section § 84602.5
This law requires the Secretary of State to regularly update an online index of identification numbers for individuals, entities, or committees that must disclose certain information. The updates occur monthly but change to weekly six weeks before any statewide election.
Section § 84603
Once all necessary state procedures are complete, the Secretary of State will announce that reports can be filed online or electronically. Anyone required to file reports or statements with the Secretary of State can choose to do so online voluntarily.
Section § 84605
This law requires certain candidates, committees, and organizations, such as those involved in political campaigns or lobbying, to file their financial statements and reports online or electronically if their financial activities reach specified thresholds. For most, this threshold is $25,000 in contributions or expenditures, while for lobbyists, it is $2,500 in a quarter. These filings must be made with the Secretary of State.
Additionally, any significant late contributions or expenditures not covered by these thresholds must also be disclosed online. While electronic filings are mandatory for those meeting the criteria, others can voluntarily choose to file electronically. Once electronic filing is required, it must be continued for all future reports. Online filings are assumed to be made under the penalty of perjury, and while electronic filings are immediate, paper copies remain essential until the system is deemed secure. When the system is verified as secure, electronic versions become the official record for audits and legal purposes. Online filings do not need to be submitted to local offices unless they involve local measures or offices.
Section § 84605
This law requires certain individuals and organizations to file their documents electronically with the Secretary of State. These include candidates and officeholders for state elections, state general purpose committees, slate mailer organizations, lobbyists, and local government officers filing specific state reports. The Secretary of State must also display late contributions and expenditures online. All electronic filings are considered official and carry the penalty of perjury if false. Additionally, the online versions are the official records for auditing and legal purposes. State submissions do not need to be duplicated for local offices unless specifically required.
Section § 84606
This law states that the Secretary of State decides when the online and electronic systems for filing reports are working properly. They do this by consulting with the commission, the Department of Information Technology, and others as needed. The system can only be used after getting approval from the Department of Information Technology. Once the system is approved, people will no longer need to submit paper copies or file with local offices. The date you send your electronic report is considered the official filing date.
Section § 84606
Section § 84607
This law states that government employees or officials are not allowed to use public facilities or resources to access or keep any data for political or campaign purposes, as outlined in the related requirements of this chapter.
Section § 84612
This law requires the Secretary of State to promptly inform someone if their filing is rejected, explaining why it was rejected in clear and simple language. The notice should avoid complicated words and should be easy to understand for the person involved.
Section § 84612
If the Secretary of State rejects your filing, they must email you right away explaining why it was rejected in simple and clear language. The explanation has to be easy for everyone involved to understand. The Cal-Access Replacement System might have required fields that need to be filled out in order to submit reports or statements, as set by the Secretary of State and the Commission.
Section § 84613
This law creates the Political Disclosure, Accountability, Transparency, and Access Fund in California's State Treasury. Money collected from specific sections is deposited into this fund. The money can be used by the Legislature for operating and enhancing the online political disclosure system managed by the Secretary of State. Additionally, the Secretary of State can use these funds according to the act that introduced this section. Any spending must go through a project approval and oversight process managed by the California Technology Agency.
Section § 84615
Local governments in California can require most political campaign-related documents to be filed online, except for those with contributions and expenses under $1,000 per year. The local government must create an ordinance ensuring the online system is secure and not burdensome. Filers will receive electronic confirmations for their submissions, which help prove timely filing. The data will be available online, without personal addresses or bank details, for public access. Filers must sign documents electronically and will not need to submit paper versions. The system should allow free submissions and maintain records for at least 10 years.
Section § 84615
This section allows local government agencies to require certain elected officials, candidates, committees, or other individuals to file financial statements and reports online, except if they receive or spend less than $2,000 in a year. The agency must ensure the online system is secure and not too burdensome for users, and the legislative body must approve it through an ordinance.
The system should accept filings in a standardized format and provide electronic confirmations to those who file. Data must be secured and publicly accessible online without revealing sensitive information like street addresses or bank account numbers. Filers are not required to submit paper versions if they file electronically.
Additionally, filings must remain available for at least ten years in a secure manner, and the online system should allow filings to be completed for free and include a way for filers to sign under penalty of perjury.
Section § 84616
This law requires local government agencies in California to post any required statements, reports, or documents they receive, within 72 hours of the filing deadline, on their website. This includes documents submitted in paper, email, or fax. If documents are submitted late, they must post them within 72 hours of receiving them, with extensions for weekends or holidays. They must redact personal details like street names, building numbers, and bank account numbers before posting. Linking to the document on their website also suffices.
These postings should remain available for four years following the election connected to the filing. If a filing is mistakenly sent to the wrong agency, they don’t have to post it and must inform the sender of the error.