§ 18531.5. Recall Elections.
(a) Definitions. For purposes of this section:
(1) “Target officer” means an elected officer who is the subject
of a recall effort.
(2) “Replacement candidate” means a candidate within the meaning
of Government Code section 82007 who is running to replace a target officer
in the event the recall is successful and who is on the same ballot as the recall
measure.
(b) Application of Contribution and Voluntary Expenditure Limits to State Recalls.
(1) Target Officer. Pursuant to Government Code section 85315, the contribution
limits of Chapter 5 of the Act do not apply to contributions accepted by an
elected state officer who is the target of a recall into a separate recall committee
established to oppose the qualification of the recall measure or the recall
election. Pursuant to Government Code section 85315, the voluntary expenditure
limits of the Act do not apply to expenditures made by an elected state officer
who is the target of a recall to oppose the qualification of the recall measure
or the recall election.
(2) Replacement Candidates. The replacement candidates in a state recall election
are seeking elective state office and therefore the contribution and voluntary
expenditure limits of Chapter 5 of the Act apply to replacement candidates.
(3) Committees Primarily Formed to Support or Oppose a Recall. A recall is included
within the definition of a “measure” in Government Code section
82043. Therefore, except as provided in this subdivision, the contribution and
voluntary expenditure limits of Chapter 5 of the Act do not apply to a committee
primarily formed to support or oppose a recall. As to candidate controlled recall
committees, the provisions of 2 Cal. Code Regs. section 18530.9 apply.
(c) Committee Formation and Campaign Report Filing Obligations. All candidates
and committees that raise and spend funds in connection with a recall have full
reporting and disclosure obligations under Chapters 4 and 5 of the Political
Reform Act.
(1) Target Officer. A target officer may use a committee for the office held
to oppose the recall. A target officer may also establish a separate committee
to oppose a recall upon receiving a notice of intent to recall the officer pursuant
to Elections Code section 11021. A target officer must deposit contributions
accepted in the separate committee to oppose the recall in a single bank account
at a financial institution located in the State of California which is separate
from any other bank account held by the officer, including any campaign bank
account. The word “recall” and the name of the target officer shall
be included as part of the committee name in the statement of organization filed
for the committee pursuant to Government Code section 84107.
A target officer opposing a recall is not required to file a new statement of
intention to be a candidate for elective office pursuant to Government Code
section 85200.
(2) Replacement Candidate. A replacement candidate may establish a committee
to seek elective office in a recall election. A replacement candidate must disclose
all contributions received and expenditures made pursuing elective office, even
if the target officer has not yet been served with notice of intent to recall.
A replacement candidate is required to file a statement of intention to be a
candidate for elective office pursuant to Government Code section 85200.
(3) Committees Primarily Formed to Support or Oppose a Recall (Including Recall
Proponents and Opponents). A person or group of persons who raises or spends
more than $1,000 for a recall attempt qualifies as a “committee”
under Government Code section 82013 when the target officer is served with a
notice of intent to recall pursuant to Elections Code section 11021. Once the
notice of intent to recall is given, the committee must report on its first
campaign statement all contributions received and expenditures made for the
purpose of influencing the electorate to sign a recall petition or to vote for
or against a recall election, regardless of when the contributions were received
or expenditures were made. A committee primarily formed to support or oppose
the recall of an elected officer must identify in the committee name, the name
of the elected officer and whether the committee is in support of or opposition
to the recall.
COMMENT: Committees active in a recall must file all campaign reports required
by Chapters 4 and 5 of the Act. These reports include the following: the target
officer, committees primarily formed to support or oppose a recall measure,
and the replacement candidates must all file the semi-annual campaign reports
and two pre-election reports preceding the recall election, required by Government
Code sections 84200 and 84200.5, 84200.7 or 84200.8. In addition, committees
primarily formed to support or oppose a recall measure, including a separate
committee established by a target officer to oppose a recall measure, must file
quarterly campaign reports required by Government Code section 84202.3. For
recalls of an elected state officer, the electronic reports required by Government
Code section 85309 must be also filed.
In addition, pursuant to Government Code sections 81013 and 81009.5, nothing
in the Act prevents a local jurisdiction from adopting a local ordinance with
additional or different requirements applicable to candidates or committees
involved in recall elections in that jurisdiction, including applying contribution
limits to all candidates and committees participating in the recall, so long
as the local ordinance does not prevent the persons from complying with the
Political Reform Act.
NOTE: Authority cited: Section 83112, Government Code.
Reference: Sections 82007, 82043, 84107, 84211, 85200, 85301 and 85315, Government
Code.
History
1. Filed and effective on 8/14/03.
2. Amendment of subsections (b)(3) and (c)(1), new subsection (d) and amendment
of Note filed 07/26/2004; operative 11-03-2004.