Who Qualifies As A Recipient Committee?
Any person or combination of persons is considered to be a recipient committee pursuant to Government Code Section 82013(a), if contributions totaling $2,000 or more have been received in a calendar year for the purpose of influencing California's city, county and/or state elections. Such persons must file the original and one copy of the Statement of Organization - Form 410 with the Secretary of State's Political Reform Division within 10 days of qualifying as a recipient committee as specified in Government Code Section 84101(a). In addition, such persons must also file a copy of the Statement of Organization with their local filing officer, if any, with whom the committee is required to file the originals of its campaign reports pursuant to Government Code Section 84215.
How Is A Measure Committee Required To Use Its Funds?
Persons or committees receiving money for promoting or defeating an initiative, referendum, recall petition, or any measure which has qualified for the ballot, must hold the money in trust and may only spend the money for the purpose for which it was entrusted to them as specified in California Elections Code Section 18680.
What Form Is Required For Campaign Disclosure?
The Recipient Committee Campaign Statement - Form 460 is the proper disclosure form for all ballot measure committees.
What Are The Measure Committee's Reporting Duties?
Committees formed or existing primarily to support or oppose the qualification, passage or defeat of a ballot measure, and proponents of a state ballot measure who control a committee formed to support the qualification of a measure, must file semi-annual statements and pre-election statements as well as quarterly ballot measure statements and late contribution reports, if required, as follows:
Quarterly Ballot Measure Statements
Committees primarily formed to support the qualification, passage or defeat of a measure are required to file quarterly ballot measure statements before the election. However, quarterly statements are not required during any semi-annual period in which the committee is required to file pre-election statements. Following the election, such committees are only required to file semi-annual statements unless they make contributions or expenditures to qualify, support or oppose other similar measures, in which case they would have an ongoing duty to file quarterly statements in accordance with Government Code Section 84202.3.
Pre-election statements are required to be filed during the six-month period when the measure is on the ballot. Pre-election statements must be filed in accordance with Government Code Sections 84200.5, 84200.7 or 84200.8.
Late Contribution Reports
There are two types of reporting periods for disclosing contributions totaling $2,000 or more and a third type of reporting period for disclosing contributions of $5,000 or more that are received or made by state/statewide ballot measure committees, including controlled committees, closer to an election.
The first reporting period is an online or electronic report, which is used to electronically disclose all contributions of $5,000 or more received at any time other than during an election cycle. Since the election cycle commences 90 days prior to the election and ends on the date of the election, the period of time for this $5,000 report commences from the initial receipt of $5,000 or more and ends 91 days prior to the state election. These reports must be filed within 10 business days of receiving contributions of $5,000 or more.
The second reporting period is an online or electronic report, which is used to electronically disclose all contributions of $2,000 or more received from 90 days prior to, and including the date of any state election. These reports must be filed within 24 hours of receiving contributions of $2,000 or more.
Both of the above reports are only subject to electronic or online filing requirements, provided that the state/statewide ballot measure committee, including controlled committees, has previously or concurrently met the $25,000 electronic filing threshold. Consequently, these reports are not subject to any paper (or fax) filing requirements.
Semi-annual statements are required to be filed for each half of every year, regardless of the amount or level of activity. The closing dates for such semi-annual statements are June 30 (due July 31) and December 31 (due January 31) pursuant to Government Code Section 84200(a).
What Form Is Required For Terminating My Committee?
The Statement of Organization - Form 410 is used to terminate all types of recipient committees. The original and one copy must be filed with the Secretary of State's Political Reform Division. In addition, a copy of the Form 410 must be filed with each filing officer who received a copy of the committee's last campaign statement as contained in California Code of Regulations Section 18404(c). Please note that city and county primarily formed measure committees should not attach or include their campaign disclosure statements (i.e., the Form 460) when filing their original Statement of Organization - Form 410 with the Secretary of State's office. Since the Secretary of State is a state filing officer, such city and county filers are not required to file campaign disclosure statements with this office.
Where Can I Obtain Further Information?
- The Fair Political Practices Commission at (916) 322-5660
- FPPC Campaign Disclosure Information Manual D
- The FPPC Internet HomePage
- The Political Reform Public Service Counter at (916) 653-6224