18531. Return of Excessive Contributions.

(a) Contributions which either in the aggregate or on their face exceed the contribution limits of Government Code Sections 85301, 85302 and 85303 shall be deemed not to have been accepted within the meaning of that provision, if returned pursuant to this section.

(b) A monetary contribution shall be returned, prior to deposit or negotiation, within 14 days of receipt.

(c) A non-monetary contribution shall be returned by returning to the contributor, within the deadline specified in subdivision (b) any of the following:

(1) The non-monetary contribution.

(2) Its monetary equivalent.

(3) The monetary amount by which the value of the non-monetary contribution exceeds the contribution limits of Government Code Sections 85301, 85302 and 85303.

(d) This regulation shall not be construed to authorize the making or solicitation of any contribution in excess of the contribution limits of Government Code Sections 85301, 85302 and 85303.

(e) Notwithstanding subsections (a) through (c), contributions to a committee, other than a candidate controlled committee, which are earmarked for purposes other than making contributions directly to candidates for elective office shall not be deemed in excess of limits and need not be returned, provided the contributions are deposited to a separate account within the deadlines prescribed in subsection (b).

NOTE: Authority cited: Section 83112, Government Code. Reference: Sections 85301, 85302 and 85303, Government Code.

History

(1) New section filed 6-23-89; effective thirtieth day thereafter.
(2) Amendment filed 11-26-90; effective 12-26-90.
(3) Amendment filed 4-26-95; effective upon filing.
(4) Amendment filed 10-23-96; effective upon filing.
(5) Amendment filed 5-26-98; effective upon filing.
(6) Amendment filed 5-4-01; effective 6-3-01.