At its October 13, 2011 hearing, the Fair Political Practices Commission voted 3-0 to adopt Regulation 18421.31 regarding text message contributions. Per the new regulation candidates and committees are permitted to raise funds through low-dollar text message contributions.

For the purposes of the regulation, contributions are deemed to be received on the date that a mobile fundraising vendor, acting as an agent of the candidate or committee, obtains possession and control of the funds. Once received by the mobile fundraising vendor, contributions must be promptly reported to the candidate or committee’s treasurer or a designated agent thereof no later than the closing date of any campaign statement the candidate or committee is required to file.

For text message contributions of less than $25, candidates and committees will be required to maintain the dates and daily totals of contributions. For contributions exceeding $25 but less than $100, the regulation requires that candidates and committees record the full name and street address of the contributor, the cumulative amount received from each contribution, and any information regarding an intermediary where applicable.

When a contribution exceeding $100 is received, the regulation requires that the candidate or committee maintain a record of the contributor’s name and address, occupation, employer, the cumulative amount received from the contributor, and any information regarding an intermediary where applicable.

Under the regulation, a contribution made by text message will be attributed to the person who is subscribed to the cell phone number from which the contribution is received.