The Fair Political Practices Commission has passed multiple regulations clarifying Senate Bill 1439 and Political Advertising.

The regulations dealing with Senate Bill 1439 focus on who is disqualified and how an officer would know a donor has a financial interest in a proceeding before the officer.

Regulations revising political advertising add additional disclosures and adds regulations to less-used methods of communication.

A coalition of business groups have filed a lawsuit against the Fair Political Practices Commission, seeking to stop enforcement of new pay-to-play restrictions in Senate Bill 1439.

The new law removed the exception for locally elected officials and extended the restricted period from three to 12 months.

The lawsuit seeks to throw out the new law, claiming the bill is unconstitutional, both in the manner it altered the Political Reform Act and in practice.

Plaintiffs allege Senate Bill 1439 does not further the original purpose of the Political Reform Act, but directly conflicts with the original provisions regulating certain financial conflicts of interest of public officials.

Additionally, the plaintiffs claim the bill is unconstitutional on freedom of speech grounds, stating the bill significantly restricts the making and receiving of campaign contributions to local elected officials throughout the state.

No trial date has been set at this time.

The California Fair Political Practices Commission (FPPC) passed regulations regarding reporting payments for online communications and accounting of lobbying entities.

Regulation 18421.10 seeks to shed light on social media manipulation by “purchasers” and “bots.”

Under the new rules, committees who pay more for exposure on social media will have to disclose the amount spent and the type of manipulation bought, whether it is for more likes, followers, or shares.

Regulation 18612 replaced the old regulation, increasing the reporting requirements and clarifying the style (i.e., journal, ledger, or record) of record keeping.

Similarly, the FPPC amended Regulation 18610 and Regulation 18615 involving lobbyist accounting and lobbyist employer accounting.

Both amended regulations and 18612 clean up the language of the regulation and heighten the record-keeping requirements mandated by the state.

The Fair Political Practices Commission (FPPC) has announced that on November 18 the commission will consider proposed regulations concerning electronic signatures and lobbying record keeping.

The FPPC seeks to clarify an “original” filing can be made with an electronic signature.

Additionally, the FPPC wants to define the types of records lobbyists, lobbying firms, lobbyist employers, and persons spending $5,000 or more must maintain.

The FPPC will consider expanding the number of records that must be kept and the breadth of detail the records must contain.

The Fair Political Practices Commission (FPPC) has announced that on October 21 the Commission will consider proposed regulations concerning behested payment reporting.

The regulation seeks to shed light on a growing problem occurring in California elections, large donations being made to candidate-controlled charities in place of trackable political contributions.

The regulation, prospectively codified as § 18424.3, would increase the reporting requirements to the behested payment report.

The regulations will require more detailed disclosures as to the name of the payor and the “single source” of the behested payment.

The California Fair Political Practices Commission (FPPC) met on July 15 to discuss new regulations concerning behested payments.

A campaign finance watchdog report noted in a report there has be a substantial rise in donations to charities that have a connection to a candidate or committee via behested payments.

Currently, there are no reporting requirements if a donation is given to a charity that has ties with a candidate or committee.

The pending regulations seek to shed light on who is making these donations and what candidate or committee is tied to the charity receiving the donation.

The FPPC only has the regulatory authority to make rules that require disclosure, any rules prohibiting such donations must come from the Legislature.

Formal voting and hearings over the proposed regulations are set to occur in September.

The Fair Political Practices Commission (FPPC) updated their regulations regarding local campaign contribution limits due to Assembly 571.

The updates will add language to the regulations regarding candidates for elective city or county offices subject to the state contribution limits.

Those local candidates and their committees will now be subject to the regulations regarding reporting of contributions and expenditures, establishing campaign accounts, solicitation of funds, loans, terminations, and other regulations related to campaign finance.

These regulations do not apply to candidates for an elective city or county office or the candidate’s controlled committee prior to January 1, 2021.

In a recent case, a Superior Court Judge ruled in favor of the Fair Political Practices Commission (FPPC).

The judge upheld its authority to require disclosure of public money by public entities during an election campaign.

The FPPC faced a challenge from the California State Association of Counties and California School Boards Association of its regulations requiring government agencies spending taxpayer money to influence voters to disclose their activity in the same manner as other individuals, groups, and entities who spend money to influence voters.

In a ruling in Los Angeles Superior Court, the Honorable Judge Mitchell Beckloff ruled the regulations in question are legal and within the authority of the FPPC.

The ruling bolsters the FPPC’s determination these regulations are valid and enforceable.

Fair Political Practices Commission (FPPC) staff will hold an interested persons meeting on Monday, April 20, at 10:00 a.m.

The purpose of the meeting is to solicit public input regarding legislative and regulatory proposals to enhance disclosure of political activity by limited liability companies (LLCs) in California elections.

Current law enables LLCs to make contributions or independent expenditures solely in the name of the LLC without disclosing any information, or even a way to determine, the source of the funds expended by the LLC and individuals responsible for operating the LLC.

The FPPC is interested in increasing the amount of information available to the public concerning political activity by LLCs.

Regulatory proposals will be considered for adoption or amendment on or after the May 21 meeting.

Due to the current COVID-19 pandemic, the Fair Political Practices Commission (FPPC) is allowing a 60-day extension for those required to file a 2019 annual Statement of Economic Interests (Form 700).

This two-month extension means forms normally due on April 1, 2020, will be accepted by the FPPC as timely until June 1.

The extension will apply to all officials required to file in April.

The FPPC intends to formally ratify this extension at its April 2 special meeting.

Individuals and businesses in California are coming to the aide of those in need through donations of money and supplies to combat the COVID-19 pandemic.

In many instances, elected officials are instrumental in raising donations for these purposes, whether for charitable or government organizations.

In doing so, an elected official should be aware of and may be required to file a behested payment report.

The current statewide shelter-in-place order, closure of government offices, and various other circumstances caused by the coronavirus pandemic may make it difficult to file these reports on time.

The Fair Political Practices Commission (FPPC) encourages elected officials to make best efforts to timely file behested payment reports.

If circumstances caused by the pandemic inhibit an official’s ability to file reports, the official should communicate these issues to their agency and document all attempts to file and the issues faced.

If an official makes best efforts to comply with the Political Reform Act’s behested payment reporting rules but is unable to do so due to the pandemic, the FPPC will consider this a strong mitigating factor in determining whether an enforcement action against the official is appropriate.

In light of the statewide shelter-in-place order, the Fair Political Practices Commission (FPPC) understands the unique and extraordinary situation caused by the united efforts to deal with the COVID-19 pandemic.

The FPPC recognizes offices around the state are closed and the stay at home directive makes the filing of campaign statements and reports difficult.

An advisory has been issued encouraging candidates and committees to continue to make best efforts to timely disclose campaign activity to the public.

State and local candidates are encouraged to make use of electronic filing options, if available.

All candidates and committees filing campaign statements and reports with the Office of the Secretary or State may use the online filing system.

Local candidates and committees should contact their local filing officers to determine if electronic filing is available in their jurisdiction.

If a candidate or committee makes best efforts to comply with the Political Reform Act’s campaign finance disclosure rules but is unable to do so due to the COVID-19 pandemic, the FPPC will consider this a strong mitigating factor in determining whether an enforcement action against the candidate or committee is appropriate.

The California Fair Political Practices Commission (FPPC) encourages filers who have access to an electronic Form 700 filing system to take advantage of its use.

This comes in light of the current COVID-19 pandemic and the upcoming Form 700 Statement of Economic Interests filing deadline on April 1, 2020.

If electronic filing is not available, filers are strongly encouraged to submit forms by mail rather than in person.

Statements postmarked on or before the filing deadline are considered timely filed.

The FPPC’s advice telephone line is closed until further notice.

However, they continue to timely respond to requests for advice via email.

On December 19, the Fair Political Practices Commission (FPPC) will consider proposed amendments to the materiality standard in both Regulations 18702.4 and 18702.5.

The proposed amendment to Regulation 18702.4 would set the appropriate materiality standards for economic interests in sources of gifts.

Standards would be such that a financial effect on a nonprofit source of income would be considered material if the source is a nonprofit organization that will be financially affected under the materiality standards applied to a nonprofit source of income interest.

The FPPC would also repeal the existing Regulation 18702.5 and adopt new language.

New language would update the materiality standard applicable to a personal financial effect for improved clarity and guidance.

Language would make that standard an objective, bright-line standard, met when a decision would have a personal financial effect worth $500 or more rather than when the official or the official’s immediate family member will receive a measurable financial benefit or loss from the decision.

The FPPC is accepting written comments on the proposals until December 17, 2019.