Enforcement
Mission of the Enforcement Division
The mission of the Enforcement Division of the Fair Political Practices Commission is to fairly, effectively, and efficiently enforce the provisions of the Political Reform Act (“Act”).
Types of Enforcement Actions
A violation of the Act can be pursued in three ways:
- Administrative proceedings by the Enforcement Division;
- Criminal prosecution by a local district attorney or the state attorney general; or
- Civil action by the public, certain government agencies or the Enforcement Division.
The vast majority of cases are handled through the administrative enforcement process.
Enforcement Process
The Enforcement Division analyzes and processes over 2,500 complaints and referrals per year. Complaints and referrals are received from citizens, other government agencies, and the media. The Enforcement Division also investigates potential violations of the Act on its own initiative. A matter will be fully investigated if there is sufficient information to believe that a violation of the Act has occurred.
Administrative Enforcement Case Resolution
An enforcement matter can be resolved in several ways depending on the strength of the evidence, the particular facts, and the amount of public harm involved.
If the case merits pursuit of a fine, the Enforcement Division will prosecute the violators and may seek penalties of up to $5,000 per violation. Some resolutions require approval by the Commissioners. There is an ethical wall between the Enforcement Division and the Commissioners for all open Enforcement complaints and cases.
To find out more about prior case resolutions as well as potential case resolutions, visit the Enforcement Case Resolution page.
Enforceable Violations of the Act
The FPPC may only act on complaints within its jurisdiction, meaning violations of the Act. The following is a list of violations that the FPPC regularly enforces:
- Financial conflicts of interest
- Laundered campaign contributions
- Over-the-limit gifts and contributions
- Improper use of campaign funds, including personal use
- Campaign mass mailings at public expense
- False, inadequate, or inaccurate reporting on statements of economic interests, campaign statements and reports
- Non-filing or late filing of such statements and reports
- Anonymous or cash contributions of $100 or more
- Non-filing of behested payment reports
- Pay-to-play (Levine Act) violations
Disclaimer
The FPPC’s Enforcement Division does not represent anyone but the State of California in enforcement matters. No attorney-client relationship exists between the FPPC’s Enforcement Division, or its attorneys, and any complainant or respondent.