Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Application and Definitions. For purposes of Section 85316(b) and this regulation, the following definitions apply:
(1) "Officeholder" means an elected state officer.
(2) "Officeholder controlled committee" means a committee formed pursuant to subdivision (c) of this regulation.
(3) "Officeholder account" means the bank account established at a financial institution located in the State of California pursuant to Section 85316(b).
(4) "Officeholder funds" means money in the officeholder account.
(b) Establishing the Officeholder Account: For purposes of Section 85316(b), an officeholder shall maintain officeholder funds in a single bank account separate from any other bank account held by the officeholder.
(c) Establishing the Officeholder Controlled Committee, Reporting and Recordkeeping:
(1) Formation: The officeholder shall establish a controlled committee by filing a statement of organization pursuant to Section 84101 if the officeholder receives $2,000 or more in officeholder contributions in a calendar year.
(2) Committee Name: The controlled committee name shall include the officeholder's last name, the office held, the year the officeholder was elected to the current term of office, and the words "Officeholder Account." The statement of organization shall include the name, account number, and address of the financial institution where the committee established the officeholder account.
(3) Filing Requirements: The controlled committee shall file campaign statements and reports pursuant to Chapters 4 and 5, except Sections 85200 and 85201, of Title 9 of the Government Code at the same times and in the same places as it otherwise would be required to do for any other controlled committee formed by the officeholder for election to state office.
(4) Required Recordkeeping and Audits. The officeholder and treasurer shall be subject to recordkeeping requirements under Section 84104. The officeholder account and officeholder controlled committee shall be subject to audits under Chapter 10 of Title 9 of the Government Code. Any audit of the officeholder, or any of the officeholder's controlled committees, under Section 90001 shall include all officeholder accounts and officeholder controlled committees maintained by the officeholder during the audit period as described in Section 90002(a)(1).
(d) Prohibitions:
(1) Officeholder funds may not be contributed or transferred to another state or local committee, including any other controlled committee of the officeholder, except as permitted in subdivisions (g) (2) and (g)(3).
(2) Officeholders may not use officeholder funds to pay "campaign expenses" as defined in Regulation 18525(a).
(3) The officeholder may not transfer or contribute funds from any other committee the officeholder controls to the officeholder account, except as permitted in subdivision (g)(2) and (g)(3).
(e) Contributions to the Officeholder Account:
(1)
(A) Required Notices: In addition to the requirements of Regulation 18523.1, a written solicitation for contributions to the officeholder account shall include the following: "For purposes of the Political Reform Act's contribution limits, a contribution to an officeholder account is also considered to be a contribution to all campaign committees for future elective state office the officeholder seeks during the officeholder's current term of office."
(B) In addition to the requirements of subparagraph (A) above, an officeholder who files a statement of intention to be a candidate for any elective state office during the officeholder's term of office shall provide notice of this filing to every person that has made a contribution to the officeholder account. The notice shall contain the language in subparagraph (A) and be transmitted or mailed within 10 days of filing the statement of intention to be a candidate.
(2) Cumulation: A contribution to the officeholder account shall also be deemed a contribution to the officeholder's controlled committee for election to elective state office for the purposes of Section 85316(b)(3) only under all of the following circumstances:
(A) The contributor makes the contribution between the day the election was held for the term of office for which the officeholder account was established and the end of that term of office;
(B) The officeholder maintains the controlled committee, established for a future term of elective state office, at any time during the period covered in subparagraph (A).
(3) Cumulation and Primary and General Elections: A person's contributions to the officeholder account, when combined with contributions from the same person for a primary and general election to the elective state office may not exceed the contribution limits applicable to the primary and general election.
(4) Multiple Officeholder Accounts: When an officeholder maintains more than one officeholder account in the same calendar year, the officeholder may not receive the following contributions to any of those accounts during that calendar year:
(A) Contributions from a single contributor that, when cumulated for all the accounts, exceed the maximum amount the contributor could give to the officeholder account having the highest per person contribution limit under Section 85316(b)(1).
(B) Contributions from all contributors that, when cumulated for all the accounts, exceed the maximum amount in total contributions the officeholder could receive in the officeholder account having the highest aggregate contribution limit under Section 85316(b)(2).
(f) Contributions Over the Limits:
(1) An officeholder shall return to the contributor the portion of any contribution to the officeholder account that exceeds the limits of Section 85301, 85302 (after cumulation) or 85316 (either alone or after cumulation) by the earlier of 14 days of receipt or 14 days of the date the officeholder files a statement of intention to be a candidate for elective state office pursuant to Section 85200.
(2) A contributor to the officeholder account does not violate the contribution limits applying to the officeholder's election to a future elective state office as otherwise provided under Section 85316(b)(3) if, when the contributor makes the contribution, the officeholder has not filed a statement of organization to establish a controlled committee for election to a future elective state office.
(g) Terminating Officeholder Accounts and Committees.
(1) The officeholder may not accept contributions after the officeholder's term of office ends or the date the officeholder leaves that office, whichever is earlier.
(2) The officeholder may redesignate the officeholder account as an officeholder controlled committee for a future term of the same office by amending the statement of organization for the committee to reflect the redesignation for the future term of office prior to the date the officer's term of office ends.
(3) An officeholder may redesignate officeholder funds in the redesignated officeholder account as officeholder funds for the new term of office, subject to the limitations in subdivision (e)(4).
(4) Once the officeholder's term of office ends or the officeholder leaves that office, whichever is earlier, the officeholder may only use officeholder funds for the following purposes:
(A) Paying outstanding officeholder expenses.
(B) Repaying contributions to contributors to the officeholder account.
(C) Making a donation to a bona fide charitable, educational, civic, religious, or similar tax-exempt, nonprofit organization, if no substantial part of the proceeds will have a material financial effect on the officeholder, a member of the officeholder's immediate family, or the officeholder's committee treasurer.
(D) Paying for professional services reasonably required by the officeholder controlled committee to assist in the performance of its administrative functions.
(5) The officeholder shall terminate the officeholder controlled committee within 90 days of the date the officer's term of office ends or the officeholder leaves that office, whichever is earlier. The Executive Director may for good cause extend the termination date or permit the candidate to reopen the account.
1. New section
filed 7-3-2007; operative 8-2-2007. 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. 27). For prior history, see
Register 2007, No. 26.
2. Change without regulatory effect amending
section filed 3-22-2016; operative 4-21-2016 pursuant to
2 CCR
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 2016, No.
13).
3. Amendment of subsection (c)(4) filed 9-14-2020; operative
10-14-2020 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 2020, No. 38).
4. Amendment of subsections (c)(4), (d)(3),
(e)(1)(A)-(B), (e)(4), (f)(1)-(2), (g)(1), (g)(4), (g)(4)(C) and (g)(5) 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
84104,
85316 and
90000-
90007,
Government Code.
