§ 18450.3. Committee Name Identification. Advertisement Disclosure.

(a) Under Section 84504, the name of a committee primarily formed to support or oppose a ballot measure shall clearly identify the economic or other special interest of the committee's major donors of $50,000 or more. The name identification requirements of Section 84504 shall apply only to committees that are primarily formed to support or oppose a ballot measure, as defined by Section 82047.5.

(b) For purposes of implementing the name identification requirements of Section 84504, the following shall apply:

(1) Identification of a disclosable contributor's “economic or other special interest” pursuant to Section 84504 shall identify any ascertainable economic interest that exists that is likely to be affected by the ballot measure. If no ascertainable economic interest exists, the name or phrase pursuant to Section 84504 shall identify any goal or purpose that is likely to be affected by the ballot measure. In the event that there is more than one disclosable contributor and all such disclosable contributors do not share an economic interest or goal or purpose, the name or phrase shall identify the various economic interests or goal or purpose that are likely to be affected by the ballot measure.

(2) If candidates or their controlled committees, as a group or individually, are major contributors of $50,000 or more, the committee name identification shall include the controlling candidates' names.

(3) If the major donors of $50,000 or more share a common employer, the identity of the employer shall also be disclosed in the name of the primarily formed committee.

(4) When the committee name is required to list the major donors of $50,000 or more, either by name or by a name or phrase that identifies the economic or other special interest of the major donors, the list of the major donors shall be in descending order based on the amount of contributions made by the listed donor to the committee. The list of major donors shall precede, and not be interspersed with, other constituencies supporting or opposing the measure, such as “concerned citizens,” “consumers,” “taxpayers,” etc.

HISTORY

1. New section filed 1-24-2002 as an emergency; operative 1-24-2002 (Register 2002, No. 4). A Certificate of Compliance must be transmitted to OAL by 5-24-2002 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 1-24-2002 order, including repealer of subsection (d), transmitted to OAL 5-15-2002 and filed 6-27-2002 (Register 2002, No. 26).

3. Editorial correction of History 2 and repealer of erroneous former History 3 (Register 2002, No. 45).

4. Amendment filed 2-2-2009; operative 3-4-2009. 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 2009, No. 6).

Note

Note: Authority cited: Section 83112, Government Code. Reference: Sections 84504 and 84506, Government Code.