§ 18535. Restrictions on Contributions Between State Candidates.

(a) Under Government Code section 85305, a candidate for elective state office, as defined in Government Code section 82024, and any committee(s) controlled by that candidate may not make any contribution to any other candidate for elective state office in excess of $3,000 per election. This amount is adjusted for inflation in January of every odd-numbered year, pursuant to Government Code section 83124 and implementing regulations, and is $3,000 in 2002.

(b) The $3,000 limit of Government Code section 85305, as adjusted for inflation, applies to contributions made by officeholders or candidates for Governor, other statewide elective offices, the Legislature, and the Board of Administration of the Public Employees' Retirement System, and their committee(s), to other candidates for elective state office, subject to the provisions of subdivision (e).

(c) The restrictions of Government Code section 85305 on contributions made by one candidate for elective state office to another apply to the aggregate total of contributions made from the personal funds or assets of the candidate and contributions made by all committees controlled by that candidate, as defined in Government Code section 82016 and 2 Cal. Code Regs. section 18217.

(d) The restrictions of Government Code section 85305 on contributions made by one candidate for elective state office to another apply to all contributions made from, and all contributions made to, any committees controlled by a candidate for elective state office, including committees formed for a pre-2001 election.

(e) Pursuant to Section 83 of Proposition 34, the restrictions of Government Code section 85305 are applicable to contributions made by legislative candidates and their controlled committees to any candidate for elective state office, on and after January 1, 2001, and are applicable to contributions made by candidates for statewide elective office, as defined in Government Code section 82053, and their controlled committees, to any candidate for elective office, on and after November 6, 2002.

COMMENT:Accordingly, on and after January 1, 2001, a legislative candidate and his or her committee(s) may not contribute to another legislative or statewide candidate in excess of $3,000 per election. On and after November 6, 2002, a statewide candidate and his or her committee(s) may not contribute to another legislative or statewide candidate in excess of $3,000 per election. During the period after January 1, 2001, and before November 6, 2002, however, a statewide candidate and his or her committee(s) is not prohibited from contributing in excess of $3,000 per election to another statewide candidate or to a legislative candidate, though a legislative candidate is prohibited from receiving contributions in excess of $3,000 per election pursuant to Government Code section 85301.

HISTORY

1. New section filed 8-19-2002 as an emergency; operative 8-19-2002. A Certificate of Compliance must be transmitted to OAL by 12-17-2002 or emergency language will be repealed by operation of law on the following day. Submitted to OAL for filing pursuant toFair 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) (Register 2002, No. 34). For prior history, see Register 2001, No. 18.

2. Certificate of Compliance as to 8-19-2002 order transmitted to OAL 12-13-2002 and filed 1-8-2003 (Register 2003, No. 2).

Note

Note: Authority cited: Section 83112, Government Code. Reference: Section 85305, Government Code.