Repeal 2 Cal. Code Regs. Section 18531.1:
18531.1. Affiliated Entities Sharing One Contribution Limit
(a) Any person (except an individual) established, financed, maintained,
or controlled by another person, such as a business, labor organization, association,
or individual, is "affiliated" with the person that established, finances,
maintains, or controls it. Such persons shall be known as "affiliated entities."
(b) For purposes of the limitations on contributions in Government Code
sections 85301 through 85313, all contributions made by affiliated entities
shall be considered to be made by a single person. The non-individual limit
of section 85309 shall apply to any contribution from affiliated entities drawn
on the bank account of a non-individual.
(c) Affiliated entities may together contribute up to the applicable contribution
limit of any one of the affiliates, except that no single affiliate may contribute
more than its own contribution limit.
(d) If one or more of the following indicia of establishing, financing,
maintaining or controlling exists, the persons involved will be presumed for
purposes of this title to be affiliated. (1) If during the
twelve-month period prior to making a campaign contribution to a candidate,
a person possesses either of the following with respect to an entity:
(A) Ownership of an interest of more than 50 percent in voting rights, shares
or securities of the entity or of a person having control over such entity;
or
(B) The authority, power, or ability to direct or control
the activities of the entity or a person having control over such entity.
(2) Each of the entities has the same, or a majority of the same, persons
as board members or principal officers and this indicates a formal relationship.
(3) The entities in question are political committees that have received
contributions and receive contributions from the same person or persons, which
contributions represent a majority of the contributions received
by each of the political committees in a calendar year.
(4) A person directly or indirectly provides a majority of an entity's funds,
services, or goods on a regular or ongoing basis, for less than full consideration.
(5) One of the entities is a sponsored committee of the other entity (see
Government Code section 82048.7).
(6) A person has, after December 31, 1996, formed an entity for the purpose
of making contributions to California state or local candidates.
(e) The contributions of any entity, such as a partnership, whose contribution
decisions are controlled by one individual, shall be aggregated with contributions
made by that individual. [NOTE: If two or more individuals control these decisions,
no aggregation with any one individual's contributions will occur.]
(f) The state central committee of a party is affiliated with its county
central committees (see Government Code section 85205) and any California account
of its national party committee that has filed a statement of organization under
Government Code section 82013(a). These committees have a combined limit on
contributions made to them, as well as from them. (See Government Code section
85303.) This subdivision does not apply to any other state or local subordinate,
arm, association, committee, club, person, or group of persons associated with,
or chartered or authorized by, the same political party, which are subject,
instead, to the normal affiliation rules of this section.
(g) Affiliated entities that are "committees" as defined in Government
Code section 82013(a) may transfer funds to each other without limit, but such
transfers shall be reported as miscellaneous increases to cash by the transferee
and expenditures by the transferor committee. Nothing in this section shall
limit transfers between political committees of funds raised through joint fundraising
efforts, if the committees reasonably allocate such funds on the basis of funds
raised or costs incurred to raise such funds. Nothing in this section shall
limit transfers of funds from one committee acting as an "intermediary"
for other persons who are the true source of such contributions to any affiliated
entity.
(h) Neither Government Code section 85311 nor this regulation shall result
in the affiliation of any ballot measure committee or "issues PAC"
that:
(1) Is a recipient committee as defined in Government Code section 82013(a);
(2) Does not make contributions to, or independent expenditures in support
of or opposition to, candidates; and
(3) Qualifies for tax-exempt status under section 501(c) of the Internal
Revenue Code.
COMMENT: For reporting by affiliated entities, see Regulation 18428.
NOTE: On January 6, 1998, the federal court in Sacramento enjoined enforcement
of Proposition 208. Until further notice, this regulation should not be used
since it implements enjoined provisions of Proposition 208.
Note: Authority: Section 83112, Gov. Code
Reference: Section 85311, Gov. Code