The State Assembly has passed a campaign finance bill requiring many political advertisements to prominently display or announce the names of the ad sponsor’s top donors of $50,000 or more. Assembly Bill 700 requires the true source of funds to be disclosed, making efforts to hide contributions using middleman organizations or earmarked funds impermissible.

The bill is currently under consideration in the Senate.

Photo of the California State Assembly chamber by David Monniaux on Wikimedia Commons.

The Fair Political Practices Commission (FPPC) has proposed an amendment to lobbying regulations with the goal of clarifying the “ride along” exception to the definition of direct communication for registration.

The proposed amendment limits the ride along exception to employees of the lobbyist employer who participate in the meeting or communication only as a subject matter expert.

The proposed amendment will be considered at a public hearing on March 17, 2016.

At its January 21, 2016, meeting, the Fair Political Practices Commission (FPPC) adopted rules amending reporting requirements for “other payments to influence legislative or administrative action”, as provided in California Government Code section 86116. The adopted regulations require such payments to be itemized on periodic disclosure reports.

According to the FPPC, these payments encompass a range of expenditures and lump sum reporting does not provide the type of transparency imagined by the drafters of the statute. The amended regulations affect lobbyist employers and persons spending $5,000 or more to influence legislative or administrative action.

The rules become effective 30 days after they are filed with the Secretary of State.

The San Mateo County Board of Supervisors, along with the county chief elections officer, has implemented an electronic filing system for campaign finance reporting. The electronic filing system is now available.

Candidates and committees can file disclosures online, and the disclosures will be posted immediately on the county elections website, www.shapethefuture.org.

Photo of the San Mateo County Government Center by Coolcaesar on Wikimedia Commons.

The San Francisco Ethics Commission will meet January 13, 2016, to discuss the implementation of Proposition C, the November 2015 ballot measure imposing registration and reporting requirements on expenditure lobbyists. The measure takes effect February 1, 2016.

The Ethics Commission welcomes public input on the promulgation of regulations related to the registration threshold, how to account for staff time spent on expenditure lobbying, registration fee exemptions for nonprofit organizations, and other related topics. The meeting is at noon in City Hall.

A 2014 Superior Court decision is being reviewed by the San Francisco Ethics Commission. Critics of the decision argue it created a loophole wherein money a candidate raised via a general purpose committee can be used to elect or defeat candidates for other offices.

Further, the decision allows candidates and officeholders to skirt contribution limits and raise money from sources that would otherwise be prohibited.

The San Francisco Ethics Commission is being urged to consider regulations that would prevent candidates from circumventing the rules.

California state Assemblyman Marc Levine has proposed a bill to allow “ballot selfies.” Under current state law, such pictures are illegal.

Levine believes allowing voters to post pictures of their ballots on social media will boost voter turnout. California voter turnout hit a record low in 2014 and many state lawmakers are attempting to bolster it with legislation this session.

Levine’s bill is being considered in committee.

Photo of Assemblyman Marc Levine courtesy of the California State Assembly on Wikimedia Commons.

Gov. Jerry Brown has called a special election for April 5, 2016, to fill a vacancy in the 31st District. Rep. Henry Perea vacated his seat in December of 2015.

Perea’s term was expiring in December 2016. Therefore, the candidate elected in the special election will serve the remainder of Perea’s term while running for re-election in the regularly scheduled general election on November 8, 2016.

On January 5, California legislators introduced a bill with pay-to-play implications. Sen. Jerry Hill introduced a bill forbidding members of the state Board of Equalization from acting on any tax matters involving donors who had given any amount of money to their political campaigns in the previous 12 months.

Hill and his fellow lawmakers are concerned about a loophole that currently exists allowing companies with an interest in board decisions to skirt the limit.

The bill is now being considered in committee.

Photo of Sen. Jerry Hill by Dave on Wikimedia Commons.

Following a ruling by the California Supreme Court, the California Legislature is permitted to place an advisory measure related to campaign finance on the November 2016 ballot. The advisory measure asks voters their opinions on campaign finance and whether there should be a federal constitutional amendment to overturn Citizens United.

A conservative group challenged the constitutionality of the advisory measure, insisting the Legislature was prohibited from putting such measures before voters. The California Supreme Court ruled the advisory measure is permissible because state legislatures have a role in passing federal constitutional amendments, and therefore it met the required nexus between an advisory measure and a potential legislative action.

Proposition 49, the “Citizens United” measure, will appear on the general election ballot in November 2016.

On December 17, 2015, the Fair Political Practices Commission amended its regulations related to agency provided tickets or passes. Currently, tickets and passes an agency provides to agency officials for entertainment, amusement, or recreational events are treated as gifts.

Regulation 18944.1 creates an exception from the statutory definition of “gift” for tickets or passes provided by an agency to certain agency officials under specified circumstances, allowing agency officials to use tickets and passes without violating the state’s gift law.

The proposed regulation was adopted with a vote of 5-0. It will go into effect 30 days after filing with the Secretary of State.

The San Jose City Council approved an ordinance modifying the city’s campaign finance law.

Ordinance No. 29642 allows separate contribution limits for both the special municipal election and the special runoff election. The ordinance also changed the campaign contribution period to end at 11:59 p.m. on the day before the election.

The new law took effect December 14, 2015.

Mayor Sam Liccardo is proposing new lobbyist disclosure rules for the city of San Jose. The rules would require lobbyists to report lobbyist activity weekly in electronic form. Currently, the city of San Jose requires quarterly disclosures be filed on paper.

The new rules also would require lobbyists to specify how they are contacting city officials – in person, by phone, or by email.

The city council will consider the mayor’s proposals at its next meeting, scheduled for December 15, 2015.

Beginning January 2016, LeeAnn Pelham will be the new executive director of the San Francisco Ethics Commission.

Pelham previously served as the director of the Los Angeles Ethics Commission and is expected to use her prior experience to shape ethics and enforcement policy in the city.