Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) A contribution
is any payment made for political purposes for which a donor does not receive
full and adequate consideration. A payment is made for political purposes if it
is:
(1) For the purpose of influencing or
attempting to influence the action of the voters for or against the nomination
or election of a candidate or candidates, or the qualification or passage of
any measure; or
(2) Received by or
made at the behest of the following or any agent thereof:
(A) A candidate;
(B) A controlled committee;
(C) An official committee of a political
party, including a state central committee, county central committee, assembly
district committee, or any subcommittee of such committee; or
(D) An organization formed or existing
primarily for political purposes, including, but not limited to, a political
action committee established by any membership organization, labor union, or
corporation.
(b) The term "contribution" includes:
(1) Certain Payments to Multipurpose
Organizations, including Nonprofit or Tax-Exempt Organizations and Federal or
Out-of-State Political Organizations Active in California Elections. A payment
made by a person to a multipurpose organization as defined in Section
84222 and Regulation 18422 that is
used for a contribution or expenditure. A donor to such a multipurpose
organization shall be identified and reported as provided in Section
84222 and Regulation
18422.
(2) Candidate's Own Money. A
candidate's own money or property used on behalf of the candidate's
candidacy.
(3) Discounted Goods or
Services. Any goods or services received by or behested by a candidate or
committee at no charge or at a discount from the fair market value, unless the
discount is given in the regular course of business to members of the
public.
(4) Payments From Lobbyists
For Fundraising Costs. A payment made by a lobbyist or a cohabitant of a
lobbyist for costs related to a fundraising event held at the home of the
lobbyist, including the value of the use of the home as a fundraising event
venue. This payment cannot be reimbursed by any person and is attributable to
the lobbyist for purposes of the prohibition against a lobbyist making a
contribution to specified candidates and elected officers under Section
85702.
(5) Payments From Lobbying Firms for
Fundraising Costs. A payment made by a lobbying firm for costs related to a
fundraising event held at the office of the lobbying firm, including the value
of the use of the office as a fundraising event venue.
(c) Notwithstanding any other provision of
this section, the term "contribution" does not include:
(1) An expenditure made at the behest of a
candidate in connection with a communication directed to voters or potential
voters as part of voter registration activities or activities encouraging or
assisting persons to vote, if the expenditure does not constitute express
advocacy.
(2) Volunteer personal
services or payments made by a person for the person's own travel expenses, if
such payments are made voluntarily without any understanding or agreement that
the person will be repaid.
(3) A
payment made by an occupant of a home or office, other than a lobbyist or
lobbying firm, for costs related to any meeting or fundraising event held in
the occupant's home or office, if the total cost of the meeting or fundraising
event is $500 or less, exclusive of the fair rental value of the
premises.
(4) A payment made at the
behest of a candidate for a communication by the candidate or any other person
that meets all of the following:
(i) Does not
contain express advocacy;
(ii) Does
not make reference to the candidate's candidacy for elective office, the
candidate's election campaign, or the candidate's or opponent of the
candidate's qualifications for office; and
(iii) Does not solicit contributions to the
candidate or to third persons for use to support the candidate or oppose the
candidate's opponent.
(5)
A payment made by a candidate or committee for another candidate to attend the
paying candidate's or committee's fundraiser.
(6) A payment made by a candidate for a
communication publicizing the candidate's endorsement by another candidate,
provided that the communication does not expressly advocate the nomination or
election of the endorsing candidate or the defeat of an endorsing candidate's
opponent.
(7) A payment made by a
ballot measure committee for a communication in which the ballot measure
supported or opposed by the committee is endorsed or opposed by a candidate,
and the communication does not expressly advocate the nomination or election of
the endorsing candidate or the defeat of the endorsing candidate's
opponent.
(8) A payment made by any
broadcasting station (including a cable television operator, programmer or
producer), website, or a regularly published newspaper, magazine, or other
periodical of general circulation, including any Internet or electronic
publication, that routinely carries news and commentary of general interest,
for the cost of covering or carrying a news story, commentary, or
editorial.
(9) A payment by an
organization for its regularly published newsletter or periodical, if the
circulation is limited to the organization's members, employees, shareholders,
other affiliated individuals and those who request or purchase the publication.
This exception applies only to the costs regularly incurred in publication and
distribution. Any additional costs incurred are contributions, including, but
not limited to, expanded circulation; substantial alterations in size, style,
or format; or a change in publication schedule, such as a special
edition.
(10) A payment for a
debate or other forum sponsored by a nonpartisan organization in which at least
two candidates appearing on the ballot for the same elective office were
invited to participate.
(11) A
payment for a debate or other forum in which the proponent of a ballot measure
and at least one opponent, or their respective representatives, were invited to
participate in equal numbers.
(12)
A payment for a debate or other forum sponsored by a political party or
affiliated committee in which a majority of the candidates for that party's
nomination were invited to participate.
(13) A payment made by a bona fide service,
social, business, trade, union or professional organization or group for
reasonable overhead expenses associated with the organization's regularly
scheduled meeting at which a candidate or an individual representing either
side of a ballot measure speaks, if the organization pays no additional costs
in connection with the speaker's attendance.
(14) A payment received by, directed by, or
made at the behest of a candidate for personal purposes. However, these
payments may constitute gifts, income, or honoraria, and may be limited or
prohibited, under other provisions of the Act.
(15) A payment made by a candidate for a
communication in support of or opposition to a ballot measure, if the
communication features the endorsing candidate or clearly identifies the
candidate as the sponsor of the communication. This exception does not include
a monetary contribution from a candidate or the candidate's controlled
committee to a ballot measure committee.
(16) A payment by a sponsor for the
establishment and administration of a sponsored committee, as defined in
Section 82048.7, provided such payments are
reported. Any monetary payment made under this subdivision to the sponsored
committee shall be made by separate instrument. "Establishment and
administration" means the cost of office space, phones, salaries, utilities,
supplies, legal and accounting fees, and other expenses incurred in setting up
and running a sponsored committee.
(17) A payment by a non-partisan organization
not affiliated with any candidate, political party, or committee, that has not
endorsed or contributed to candidates or measures in the election, to create
and operate a website that posts political information. This website must be
designed to encourage individuals to vote or to register to vote, and must
present any candidate or measure-related content in a nonpartisan manner,
giving reasonably equal treatment to candidates for the same office or to both
sides of a measure.
(18)
Uncompensated Internet activity by an individual supporting or opposing a
candidate or measure as stated in Regulation 18215.2.
(d) A contribution made at the behest of a
candidate for a different candidate or to a committee not controlled by the
behesting candidate is not a contribution to the behesting candidate.
1. New section
filed 4-30-76; effective thirtieth day thereafter (Register 76, No.
18).
2. Amendment of subsection (e) filed 1-9-81; effective
thirtieth day thereafter (Register 81, No. 2).
3. Amendment filed
2-17-82; effective thirtieth day thereafter (Register 82, No. 8).
4.
Amendment filed 7-12-84; effective thirtieth day thereafter (Register 84, No.
28).
5. Relettering of subsection (d) to subsection (e) and new
subsection (d) filed 11-26-90; operative 12-26-90 (Register 91, No.
1).
6. Amendment filed 11-7-95; operative 11-7-95 pursuant to
Government Code section
11343.4(d)
(Register 95, No. 45).
7. Editorial correction of subsection (b)(1)
(Register 96, No. 43).
8. New subsection (c)(16) and amendment of
NOTE filed 1-29-97 as an emergency; operative 1-29-97. Submitted to OAL for
printing only (Register 97, No. 5).
9. Permanent regulation filed
6-26-97; operative 6-26-97. Submitted to OAL for printing only (Register 97,
No. 26).
10. Repealer of subsections (c)(8)-(c)(8)(ii), new
subsection (c)(8), amendment of subsections (c)(14) and (c)(16) and new
subsections (c)(17)-(18) filed 12-20-2010; operative 1-19-2011. 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 2010, No.
52).
11. Amendment of subsections (b)(1)-(3) filed 4-19-2012;
operative 5-19-2012. 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 2012, No. 16).
12. Amendment of subsection (b)(1)
filed 8-7-2014; operative 8-29-2014 pursuant to section
18312(e)(1)(A),
title 2, California Code of Regulations. Submitted to OAL for filing and
printing only 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 2014, No.
32).
13. Amendment filed 4-2-2015; operative 5-2-2015. Submitted to
OAL for filing and printing 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 2015, No. 14).
14. Amendment of subsections (b)(2),
(c)(2), (c)(4)(ii), (c)(6) and (c)(15) filed 5-12-2021; operative 6-11-2021
pursuant to Cal. Code Regs., tit. 2, section
18312(e).
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 2021, No. 20).
Note: Authority cited: Section
83112,
Government Code. Reference: Sections
82015 and
85312,
Government Code.