Gov. Gavin Newsom released a proclamation declaring that a special election will be held next year for Senate District 36 and Assembly District 32.

The seat for Assembly District 32 was vacated by Republican Vince Fong after winning a seat for congress and replacing former speaker of the House, Kevin McCarthy.

The seat for Senate District 36 had been vacated after Republican Janet Nguyen was elected to the Orange County Board of Supervisors.

The special primary election for these seats will be held on February 25, 2025.

The special general election will be held on April 29, 2025.

The California Fair Political Practices Commission (FPPC) recently drafted amended regulations to increase gift and contribution limits for the years 2025-2026.

The gift limit will increase from $590 to $630 per calendar year.

The contribution limit from individuals, corporations, and PACs made to candidates for the Legislature will increase from $5,500 to $5,900 per election.

The limit to candidates for statewide office, other than governor, will increase from $9,100 to $9,800 per election and the limits for the governor’s office will increase from $36,400 to $39,200.

The amended regulations will be considered at an FPPC meeting on or after January 14, 2025.

Ballot Measure TC passed on November 5, 2024, and amends the City Charter to require lobbyists to register with the Office of City Clerk, pay registration fees, and make disclosures about their lobbying activities.

The measure also makes it unlawful for a lobbyist to deliver any gift to any elected city official, city candidate, city officer, city official, city employee, or a member of a city board, commission, or committee.

Campaign contributions to city candidates are now required to be disclosed in accordance with the California Political Reform Act.

This ballot measure becomes effective once it has been accepted and filed with the Secretary of State.

However, the regulations which pertain to lobbying will be implemented by adoption of an ordinance by City Council at a later date.

Gov. Gavin Newsom has called upon lawmakers to convene for a special session.

The session is a direct response to the reelection of Donald Trump and will focus on promoting safeguards for the state’s policies on climate changes, reproductive rights, and immigration laws.

The special session will take place on December 2, 2024.

Representative Adam Schiff defeated his opponent Republican Steve Garvey, a former Los Angeles Dodgers baseball player.

Rep. Schiff won the Senate seat formerly held by the late Diane Feinstein who passed away last September.

The seat is currently being held by Sen. Laphonza Butler.

Schiff secured victory after gaining 57% of the vote.

Federal Judge John A. Mendes of the United States District Court for the Eastern District of California has blocked the implementation of Assembly Bill 2839.

The bill targets election misinformation and attempts to regulate a broad spectrum of election-related content which is materially deceptive and uses AI technology.

The court found the law does not use the least restrictive means available for advancing the state’s interest.

Bills regulating the use of AI in election-related communications continue to be a big part of legislative agendas with over half of the states passing or considering AI legislation.

Gov. Newsom signed bills into law this week dealing with pay-to-play provisions contained in the Levine act.

Senate Bill 1181 and 1243 increase the permissible campaign contribution threshold from $250 to $500 regarding contributions to state and local agency officials from certain entities such as corporations and individuals with business before the agency.

The bills also expand the definition of participant and license, permit, or other entitlement for use to exempt certain types of proceedings from being subject to the requirements of the Levine Act.

Other changes include an increase in the period an official may cure a violation from 14 to 30 days.

A section of the bill also clarifies a contribution of an agent will not be aggregated with contributions from a party or participant when determining whether a contribution has exceeded $500.

The bills become effective January 1, 2025.

Gov. Newsom signed a bill with disclosure requirements for political committees creating, originally publishing, or originally distributing a qualified political advertisement.

A qualified political advertisement is an advertisement containing any image, audio, or video generated or substantially altered using artificial intelligence.

Assembly Bill 2355 requires the disclosure of a qualified political advertisement to be appear at the top of the disclosure area and to be separated from the other required disclosures by a blank line.

The bill becomes effective January 1, 2025.

The Board of Supervisors passed an ordinance increasing local campaign contribution limits for corporations, PACs, and individuals who give to candidates and their committees.

Ordinance No. 4479 increases the current limit of $5,500 per election cycle to $10,000 per year.

The limit for political parties contributing to candidates jumps from $5,500 per election cycle to $100,000 per year.

A newly created oversight committee will be responsible for enforcing the new rules.

The county previously operated under the state’s default campaign contribution limits but localities are able to set their own limits.

The ordinance will be effective October 11 and will only apply to contributions made to, or received by, a candidate on or after the effective date.

Senate Bill 1243 was recently passed by the Legislature and will be sent to the governor for approval or veto.

The bill raises the threshold of contributions governed under the pay-to-play Levine Act from $250 to $500.

A section of the bill also clarifies a contribution from an agent which exceeds $500 will not be aggregated with contributions from a party or participant.

The period for which an officer may cure a violation is increased from 14 to 30 days.

Additional definitions are added for pending and agent, while definitions are amended for participant and license, permit, or other entitlement for use.

Senate Bill 1243 is effective January 1, 2025, dependent upon changes proposed in Senate Bill 1181 being enacted first.

Q: My employer makes corporate contributions in California. We have not yet exceeded $10,000 in calendar year 2024. The primary election is in March, along with the general election in the fall. If we decide to make contributions, when do we have a late contribution report due?

A: The California “Late Contribution Report” [Form 497], sometimes referred to as the “24-hour report” is due during the 90-day period preceding any election if all of the following criteria are met:

• The contribution is $1,000 or more, or multiple contributions aggregating $1,000 or more, to a single candidate, ballot measure committee, or political party. This includes non-monetary and in-kind contributions;
• The corporation making the contribution must have already qualified as a major donor or the contribution made during the 90-day period before the election puts it over the $10,000 threshold and it becomes a major donor; and
• The recipient candidate or ballot committee must appear on the ballot at the election for which the 90-day period applies.

Contributions to political parties made during the 90-day period are also included. Contributions to PACs are not.
We are currently in the 90-day period for the March 5 primary election. The 90-day period for the November 5 general election begins August 7. Currently, no special elections are scheduled, but if one is, this triggers a new 90-day period. Check with the Fair Political Practices Commission for the exact dates of the 90-day period.

The filing requirements for Form 497 are:

• The report is due within 24 hours of making the contribution. The contribution is made on the date it is mailed, hand-delivered, or otherwise transmitted to the candidate, ballot measure committee, or political party.
• The report must be filed electronically with the California Secretary of State, Political Reform Division. No paper report is required.
• If a report is due on a Saturday, Sunday, or official state holiday, the 24-hour deadline is extended to the next business day. However, the Form 497 must be filed within 24 hours on a Saturday, Sunday, or an official state holiday when the report is due the weekend immediately prior to an election. For example, if a donor makes a contribution on the Saturday before the election, the Form 497 is due on Sunday.

As a reminder, the late contribution must still be reported on the next major donor report that is due. In 2024, major donor reports are due July 31 for the period covering January 1 to June 30; and January 31, 2025, for the period covering July 1 to December 31.

For more information, be sure to check out the “Registration and Reports Required” section of the U.S. Political Contributions Compliance Laws online publication for California. Please feel free to contact us if you have any questions.

The City Council recently passed an ordinance codifying lobbyist registration fees and fee penalties.

The registration fee is $500 with a late filing fee of $10 per day for registrations and reports and a fee cap of $1,000.

The ordinance also implements a partial or complete waiver of registration fees for a local governmental lobbyist who, along with other criteria, is a salaried employee of an organization or association that is a 501(c)(3).

The ordinance also establishes a lobbyist training requirement and lobbyists must complete an online training session offered by the Public Ethics Commission with 60 days of initial registration.

Quarterly reports will now be due no later than the last day of the month following the end of each calendar quarter.

This ordinance is effective immediately.

Gov. Gavin Newsom has picked Laphonza Butler to fill Dianne Feinstein’s Senate seat.

Butler is the current president of Emily’s List, a national political organization that focuses on electing Democratic women who support abortion access.

She previously served as president of a labor union and as an advisor to Kamala Harris’ 2020 presidential campaign.

Butler also has political ties to Newsom, as she was a partner in the political consulting firm now known as Bearstar Strategies that is run by the governor’s veteran strategists Ace Smith, Sean Clegg, and Juan Rodriguez.

Butler is only a short-term caretaker of the seat, with the position being voted on the 2024 ballot.

None of the three front runners were chosen for the appointment. Newsom stated he did not want to play favorites ahead of the 2024 election.

Dianne Feinstein passed away at the age of 90.

Feinstein’s death leaves a vacant U.S. Senate seat, requiring Gov. Gavin Newsome to appoint a temporary successor.

Feinstein started her public service career as president of San Francisco’s Board of Supervisors in 1978. She was also appointed Mayor of San Francisco before winning a special election for her U.S. Senate seat.

During her decades-spanning career, she was a major gun-control advocate, helped create the AMBER alert network, and sponsored bills protecting millions of acres of California desert.

She declared earlier this year she would not seek reelection at the end of her term in 2024.