§ 18440. Telephone Advocacy.

For the purposes of Government Code Section 84310:

(a) A candidate, committee, or slate mailer organization “expends campaign funds” to pay for a telephone call if either of the following applies:

(1) A candidate or committee makes an expenditure for the call reportable under Government Code, Title 9, Chapter 4 (Sections 84100, et seq.) or a person makes a payment for the call at the behest of the candidate or committee and that payment is a contribution to the candidate or committee under Government Code Section 82015.

(2) A slate mailer organization pays for the call after receiving a payment to make the call that qualifies as an expenditure of campaign funds by a candidate or committee under subdivision (a)(1) of this regulation.

(b) A required disclosure statement shall identify at least one candidate, committee, or slate mailer organization “paying for” the call or at least one candidate or committee “authorizing” the call and shall state that the call is “paid for” or “authorized” by the identified candidate, committee, or slate mailer organization.

(c) For purposes of subdivision (b) of this regulation:

(1) A candidate, committee, or slate mailer organization “pays for” a call when it pays directly for the call or pays another person to make the call on its behalf.

(2) A candidate or committee “authorizes” a call if a person pays for the call at the behest of the candidate or committee and that payment is a contribution to the candidate or committee under Government Code Section 82015.

(d) Each candidate, committee, and slate mailer organization paying for and each candidate and committee authorizing a call requiring a disclosure statement shall maintain a record of the script of the call, and a copy of the recording of any recorded messages, for a period of time as set forth in 2 Cal. Code Regs. Section 18401(b).

HISTORY

1. New section filed 9-11-2007; operative 10-11-2007. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2007, No. 37).

Note

Note: Authority cited: Section 83112, Government Code. Reference: Section 84310, Government Code.