Campaign Reform Passes Again

LM
Livingston & Mattesich

Contributor

Livingston & Mattesich
United States Litigation, Mediation & Arbitration
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Proposition 34 is California’s latest attempt to enact campaign finance reform. In 1974, Proposition 9 passed, requiring financial disclosures, creating the Fair Political Practices Commission, but placing no limits on contributions. In 1988, both Proposition 68, placed on the ballot by reformers, and Proposition 73, a competing measure placed on the ballot by three legislators, passed. Proposition 68 limited contributions and expenditures and provided for public financing. Proposition 73 limited contributions but banned public financing. The courts in four lawsuits:

  • Threw out 68 because 73 got more votes;
  • Threw out 73 because it violated the First Amendment;
  • Refused to revive 68 once 73 was invalidated; and
  • Refused to "reform" 73 to make it constitutional.

In 1996, Proposition 208 passed, prohibiting fundraising in non-election years, limiting contributions to $100- 500, and setting voluntary spending limits. Five groups challenged it in court.

This November 7, Proposition 34 was enacted by the voters. It largely repeals Proposition 208. It does not apply to local candidates, but it repeals the Proposition 208 limits that apply to them. In addition, it sets the following contribution limits that are effective for legislators on January 1, 2001 and for the Governor and other state officers, after the November 2002 general election:

Legislature $3,000 $6,000*

State Office $5,000 $10,000*

Governor $20,000 $20,000*

To PAC’s $5,000 per calendar year

To Party $25,000 per calendar year

From Party No limit

*Small committee contributor

Proposition 34 also includes voluntary spending limits, providing a designation in the ballot pamphlet and space for a 250-word statement for any candidate who accepts the limits. It prohibits lobbyists from contributing, and requires disclosure affecting "issue ads" and ads for ballot measures.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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