reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 4 - Disqualification of Former Officers and Employees › Section 87406.3.

87406.3. (a) A local elected official, chief administrative officer of a county, city manager, or general manager or chief administrator of a special district who held a position with a local government agency as defined in Section 82041 shall not, for a period of one year after leaving that office or employment, act as agent or attorney for, or otherwise represent, for compensation, any other person, by making any formal or informal appearance before, or by making any oral or written communication to, that local government agency, or any committee, subcommittee, or present member of that local government agency, or any officer or employee of the local government agency, if the appearance or communication is made for the purpose of influencing administrative or legislative action, or influencing any action or proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or property.
(b) (1) Subdivision (a) does not apply to an individual who is, at the time of the appearance or communication, a board member, officer, or employee of another local government agency or an employee or representative of a public agency and is appearing or communicating on behalf of that agency.
(2) Subdivision (a) applies to an individual who is, at the time of the appearance or communication, an independent contractor of a local government agency or a public agency and is appearing or communicating on behalf of that agency.
(c) This section does not preclude a local government agency from adopting an ordinance or policy that restricts the appearance of a former local official before that local government agency if that ordinance or policy is more restrictive than subdivision (a).
(d) Notwithstanding Sections 82002 and 82037, the following definitions apply for purposes of this section only:
(1) “Administrative action” means the proposal, drafting, development, consideration, amendment, enactment, or defeat by any local government agency of any matter, including any rule, regulation, or other action in any regulatory proceeding, whether quasi-legislative or quasi-judicial. Administrative action does not include any action that is solely ministerial.
(2) “Legislative action” means the drafting, introduction, modification, enactment, defeat, approval, or veto of any ordinance, amendment, resolution, report, nomination, or other matter by the legislative body of a local government agency or by any committee or subcommittee thereof, or by a member or employee of the legislative body of the local government agency acting in the member or employee’s official capacity.
(Amended by Stats. 2021, Ch. 50, Sec. 213. (AB 378) Effective January 1, 2022.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 4 - Disqualification of Former Officers and Employees › Section 87407.

87407. A public official shall not make, participate in making, or use the public official’s official position to influence, any governmental decision directly relating to any person with whom the public official is negotiating, or has any arrangement concerning, prospective employment.
(Amended by Stats. 2021, Ch. 50, Sec. 214. (AB 378) Effective January 1, 2022.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 4 - Disqualification of Former Officers and Employees › Section 87408.

87408. (a) A member of the Board of Administration of the Public Employees’ Retirement System, an individual in a position designated in subdivision (a) or (e) of Section 20098, or an information technology or health benefits manager with a career executive assignment designation with the Public Employees’ Retirement System, for a period of four years after leaving that office or position, shall not, for compensation, act as an agent or attorney for, or otherwise represent, any other person, except the state, by making a formal or informal appearance before, or an oral or written communication to, the Public Employees’ Retirement System, or an officer or employee thereof, if the appearance or communication is made for the purpose of influencing administrative or legislative action, or influencing an action or proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or property.
(b) A member of the Teachers’ Retirement Board, an individual in a position designated in subdivision (a) or (d) of Section 22212.5 of the Education Code, or an information technology manager with a career executive assignment designation with the State Teachers’ Retirement System, for a period of four years after leaving that office or position, shall not, for compensation, act as an agent or attorney for, or otherwise represent, any other person, except the state, by making a formal or informal appearance before, or an oral or written communication to, the State Teachers’ Retirement System, or an officer or employee thereof, if the appearance or communication is made for the purpose of influencing administrative or legislative action, or influencing an action or proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or property.
(Added by Stats. 2011, Ch. 551, Sec. 1. (AB 873) Effective January 1, 2012.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 4 - Disqualification of Former Officers and Employees › Section 87409.

87409. (a) A member of the Board of Administration of the Public Employees’ Retirement System, an individual in a position designated in subdivision (a) or (e) of Section 20098, or an information technology or health benefits manager with a career executive assignment designation with the Public Employees’ Retirement System, for a period of two years after leaving that office or position, shall not, for compensation, aid, advise, consult with, or assist a business entity in obtaining the award of, or in negotiating, a contract or contract amendment with the Public Employees’ Retirement System.
(b) A member of the Teachers’ Retirement Board, an individual in a position designated in subdivision (a) or (d) of Section 22212.5 of the Education Code, or an information technology manager with a career executive assignment designation with the State Teachers’ Retirement System, for a period of two years after leaving that office or position, shall not, for compensation, aid, advise, consult with, or assist a business entity in obtaining the award of, or in negotiating, a contract or contract amendment with the State Teachers’ Retirement System.
(c) For purposes of this section, “business entity” has the same meaning as set forth in Section 82005, and includes a parent or subsidiary of a business entity.
(Added by Stats. 2011, Ch. 551, Sec. 2. (AB 873) Effective January 1, 2012.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 4 - Disqualification of Former Officers and Employees › Section 87410.

87410. (a) A member of the Board of Administration of the Public Employees’ Retirement System or an individual in a position designated in subdivision (a) or (e) of Section 20098, for a period of 10 years after leaving that office or position, shall not accept compensation for providing services as a placement agent in connection with investments or other business of the Public Employees’ Retirement System or the State Teachers’ Retirement System.
(b) A member of the Teachers’ Retirement Board or an individual in a position designated in subdivision (a) or (d) of Section 22212.5 of the Education Code, for a period of 10 years after leaving that office or position, shall not accept compensation for providing services as a placement agent in connection with investments or other business of the State Teachers’ Retirement System or the Public Employees’ Retirement System.
(Added by Stats. 2011, Ch. 551, Sec. 3. (AB 873) Effective January 1, 2012.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 4.5 - Disqualification of State Officers and Employees › Section 87450.

87450. (a) In addition to the provisions of Article 1 (commencing with Section 87100), a state administrative official shall not make, participate in making, or use the official’s official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official’s immediate family, has engaged in any business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property, or the rendering of goods or services totaling in value one thousand dollars ($1,000) or more within 12 months prior to the time the official action is to be performed.
(b) As used in subdivision (a), “state administrative official” has the same meaning as defined in Section 87400.
(Amended by Stats. 2021, Ch. 50, Sec. 215. (AB 378) Effective January 1, 2022.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 4.6 - Loans to Public Officials › Section 87461.

87461. (a) Except as set forth in subdivision (b), an elected officer of a state or local government agency shall not, from the date of the elected officer’s election to office through the date the elected officer vacates office, receive a personal loan of five hundred dollars ($500) or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan.
(b) This section does not apply to the following types of loans:
(1) Loans made to the campaign committee of the elected officer.
(2) Loans made to the elected officer by the elected officer’s spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.
(3) Loans made, or offered in writing, before the operative date of this section.
(c) Nothing in this section shall exempt any person from any other provisions of this title.
(Amended by Stats. 2021, Ch. 50, Sec. 217. (AB 378) Effective January 1, 2022.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 4.6 - Loans to Public Officials › Section 87462.

87462. (a) Except as set forth in subdivision (b), a personal loan shall become a gift to the debtor for the purposes of this title in the following circumstances:
(1) If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.
(2) If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
(A) The date the loan was made.
(B) The date the last payment of one hundred dollars ($100) or more was made on the loan.
(C) The date upon which the debtor has made payments on the loan aggregating to less than two hundred fifty dollars ($250) during the previous 12 months.
(b) This section shall not apply to the following types of loans:
(1) A loan made to the campaign committee of an elected officer or a candidate for elective office.
(2) A loan that would otherwise not be a gift as defined in this title.
(3) A loan that would otherwise be a gift as set forth under paragraph (a), but on which the creditor has taken reasonable action to collect the balance due.
(4) A loan that would otherwise be a gift as set forth under paragraph (a), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.
(5) A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(c) Nothing in this section shall exempt any person from any other provisions of this title.
(Added by Stats. 1997, Ch. 638, Sec. 2. Effective January 1, 1998.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 5 - Filing › Section 87505.

87505. Each city clerk or county clerk who maintains an Internet Web site shall post on that Internet Web site a notification that includes all of the following:
(a) A list of the elected officers identified in Section 87200 who file statements of economic interests with that city clerk or county clerk pursuant to Section 87500.
(b) A statement that copies of the statements of economic interests filed by the elected officers described in subdivision (a) may be obtained by visiting the offices of the Commission or that city clerk or county clerk, as appropriate. The statement shall include the physical address for the Commission’s office and the city clerk’s office or the county clerk’s office, as appropriate.
(c) A link to the Commission’s Internet Web site and a statement that statements of economic interests for some state and local government agency elected officers may be available in an electronic format on the Commission’s Internet Web site.
(Added by Stats. 2012, Ch. 498, Sec. 1. (AB 1509) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 8 - Ballot Pamphlet › Section 88001.

88001. The ballot pamphlet shall contain all of the following:
(a) A complete copy of each state measure.
(b) A copy of the specific constitutional or statutory provision, if any, that would be repealed or revised by each state measure.
(c) A copy of the arguments and rebuttals for and against each state measure.
(d) A copy of the analysis of each state measure.
(e) Tables of contents, indexes, art work, graphics, and other materials that the Secretary of State determines will make the ballot pamphlet easier to understand or more useful for the average voter.
(f) A notice, conspicuously printed on the cover of the ballot pamphlet, indicating that additional copies of the ballot pamphlet will be mailed by the county elections official upon request.
(g) A written explanation of the judicial retention procedure as required by Section 9083 of the Elections Code.
(h) The Voter Bill of Rights pursuant to Section 2300 of the Elections Code.
(i) If the ballot contains an election for the office of United States Senator, information on candidates for United States Senator. A candidate for United States Senator may purchase the space to place a statement in the state ballot pamphlet that does not exceed 250 words. The statement may not make any reference to any opponent of the candidate. The statement shall be submitted in accordance with timeframes and procedures set forth by the Secretary of State for the preparation of the state ballot pamphlet.
(j) If the ballot contains a question as to the confirmation or retention of a justice of the Supreme Court, information on justices of the Supreme Court who are subject to confirmation or retention.
(k) If the ballot contains an election for the offices of President and Vice President of the United States, a notice that refers voters to the Secretary of State’s Internet Web site for information about candidates for the offices of President and Vice President of the United States.
(l) A written explanation of the appropriate election procedures for party-nominated, voter-nominated, and nonpartisan offices as required by Section 9083.5 of the Elections Code.
(m) A written explanation of the top 10 contributor lists required by Section 84223, including a description of the Internet Web sites where those lists are available to the public.
(Amended by Stats. 2014, Ch. 16, Sec. 8. (SB 27) Effective May 14, 2014. Operative July 1, 2014, by Stats. 2014, Ch. 16, Sec. 10. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 8 - Ballot Pamphlet › Section 88002.5.

88002.5. (a) The ballot pamphlet shall also contain a section, located near the front of the pamphlet, that provides a concise summary of the general meaning and effect of “yes” and “no” votes on each state measure.
(b) The summary statements required by this section shall be prepared by the Legislative Analyst. These statements are not intended to provide comprehensive information on each measure. The Legislative Analyst shall be solely responsible for determining the contents of these statements. The statements shall be available for public examination and amendment pursuant to Section 88006.
(Added by Stats. 1999, Ch. 312, Sec. 29. Effective January 1, 2000.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 8 - Ballot Pamphlet › Section 88005.

88005. The ballot pamphlet shall be printed according to the following specifications:
(a) The pamphlet shall be printed in clear readable type, no less than 10-point, except that the text of any measure may be set forth in 8-point type.
(b) It shall be of a size and printed on a quality and weight of paper which in the judgment of the Secretary of State best serves the voters.
(c) The pamphlet shall contain a certificate of correctness by the Secretary of State.
(Amended by Stats. 2008, Ch. 133, Sec. 3. Effective July 17, 2008. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 8 - Ballot Pamphlet › Section 88006.

88006. Not less than 20 days before submitting the copy for the ballot pamphlet to the State Printer, the Secretary of State shall make the copy available for public examination. Any elector may seek a writ of mandate requiring the copy to be amended or deleted from the ballot pamphlet. A peremptory writ of mandate shall issue only upon clear and convincing proof that the copy in question is false, misleading, or inconsistent with the requirements of this chapter or the Elections Code, and that issuance of the writ will not substantially interfere with the printing and distribution of the ballot pamphlet as required by law. Venue for a proceeding under this section shall be exclusively in Sacramento County. The Secretary of State shall be named as the respondent and the State Printer and the person or official who authored the copy in question shall be named as real parties in interest. If the proceeding is initiated by the Secretary of State, the State Printer shall be named as the respondent.
(Amended by Stats. 2021, Ch. 50, Sec. 221. (AB 378) Effective January 1, 2022. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 8 - Ballot Pamphlet › Section 88007.

88007. Notwithstanding the provisions of Section 81012, the Legislature may without restriction amend this chapter to add to the ballot pamphlet information regarding candidates or any other information.
(Added June 4, 1974, by initiative Proposition 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 9 - Incumbency › Section 89001.

89001. No newsletter or other mass mailing shall be sent at public expense.
(Amended June 7, 1988, by initiative Proposition 73, Sec. 3. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 9 - Incumbency › Section 89003.

89003. Notwithstanding subdivision (b) of Section 89002, a mass mailing, as defined in Section 82041.5, that meets the criteria of subdivision (a) of Section 89002 shall not be sent within the 60 days preceding an election by or on behalf of a candidate whose name will appear on the ballot at that election, except as provided in paragraphs (2) to (8), inclusive, and paragraph (10) of subdivision (b) of Section 89002.
(Added by Stats. 2017, Ch. 827, Sec. 2. (SB 45) Effective January 1, 2018.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 10 - Auditing › Section 90000.

90000. Except as provided in Section 90006, the Franchise Tax Board shall make audits and field investigations with respect to the following:
(a) Reports and statements filed with the Secretary of State under Chapter 4 (commencing with Section 84100), Chapter 5 (commencing with Section 85100), and Chapter 6 (commencing with Section 86100).
(b) Local candidates and their controlled committees selected for audit pursuant to subdivision (i) of Section 90001.
(Amended by Stats. 2004, Ch. 483, Sec. 3. Effective January 1, 2005. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 10 - Auditing › Section 90002.

90002. (a) The scope of audits and investigations under Section 90001 is as follows:
(1) Audits and investigations of lobbying firms and employers of lobbyists shall be conducted biennially covering reports filed during the previous two-year period. If a lobbying firm or lobbyist employer keeps a separate account for all receipts and payments for which reporting is required by this chapter, the requirement of an audit under subdivision (a) of Section 90001 shall be satisfied by an audit of that account and the supporting documentation required to be maintained by Section 86110.
(2) For campaign statements or reports of a candidate, controlled committee, or committee primarily supporting or opposing a candidate, the audit or investigation shall cover all campaign statements and reports filed for the primary and general election, or a special or runoff election, as well as any previous campaign statements or reports filed since the last election for that office. The audit or investigation shall not include statements or reports previously audited under Section 90001 or 90003.
(3) For campaign statements or reports of a committee primarily supporting or opposing a measure, the audit or investigation shall cover all campaign statements and reports filed by the committee in connection with the measure.
(4) For all other committees, the audit or investigation shall cover all campaign statements and reports filed during the previous two calendar years.
(b) The audit or investigation periods may be extended to include any transaction that relates to or is connected with the election being audited or investigated or the two-year period.
(c) An audit or investigation conducted under Section 90001 shall not include campaign statements or reports filed in conjunction with an election for any other office.
(d) This section shall not be interpreted to act as a limit on the Franchise Tax Board or the Commission in undertaking a discretionary audit under Section 90003.
(Repealed and added by Stats. 2019, Ch. 312, Sec. 22. (AB 902) Effective January 1, 2020.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 10 - Auditing › Section 90003.

90003. In addition to the audits and investigations required by Section 90001, the Franchise Tax Board and the Commission may make investigations and audits with respect to any reports or statements required by this title.
(Amended by Stats. 2014, Ch. 9, Sec. 5. (AB 800) Effective April 3, 2014. Operative July 1, 2014, by Sec. 11 of Ch. 9. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 10 - Auditing › Section 90004.

90004. (a) The Franchise Tax Board shall periodically prepare reports, which, except as otherwise provided in this section, shall be sent to the Commission, the Secretary of State, and the Attorney General. If the reports relate to candidates for or committees supporting or opposing candidates for the office of Attorney General, the reports shall be sent to the Commission, the Secretary of State, and the District Attorneys of the Counties of Los Angeles, Sacramento, and San Francisco. If the reports relate to local candidates and their controlled committees, the reports shall be sent to the Commission, the local filing officer with whom the candidate or committee is required to file the originals of campaign reports pursuant to Section 84215, and the district attorney for the candidate’s county of domicile.
(b) The Franchise Tax Board shall complete its report of any audit conducted on a random basis pursuant to Section 90001 within two years after the person or entity subject to the audit is selected by the Commission to be audited.
(c) The reports of the Franchise Tax Board shall be public documents and shall contain in detail the Franchise Tax Board’s findings with respect to the accuracy and completeness of each report and statement reviewed and its findings with respect to any report or statement that should have been but was not filed. The Secretary of State and the local filing officer shall place the audit reports in the appropriate campaign statement or lobbying files.
(Amended by Stats. 2014, Ch. 9, Sec. 6. (AB 800) Effective April 3, 2014. Operative July 1, 2014, by Sec. 11 of Ch. 9. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 10 - Auditing › Section 90005.

90005. A member, employee, or agent of the Franchise Tax Board or the Commission shall not divulge or make known in any manner the particulars of any record, documents, or information that the individual receives by virtue of this chapter, except in furtherance of the work of the Franchise Tax Board or the Commission or in connection with a court proceeding or the lawful investigation of any agency.
(Amended by Stats. 2021, Ch. 50, Sec. 233. (AB 378) Effective January 1, 2022. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 10 - Auditing › Section 90007.

90007. (a) The commission shall adopt auditing guidelines and standards which shall govern audits and field investigations conducted under Section 90001. The guidelines and standards shall be formulated to accomplish the following purposes:
(1) The audits should encourage compliance and detect violations of this title;
(2) The audits should be conducted with maximum efficiency in a cost-effective manner; and
(3) The audits should be as unobtrusive as possible consistent with the foregoing purposes.
(b) In adopting its guidelines and standards the commission shall consider relevant guidelines and standards of the American Institute of Certified Public Accountants to the extent such guidelines and standards are applicable and consistent with the purposes set forth in this section.
(Added by Stats. 1978, Ch. 779.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 10 - Auditing › Section 90008.

90008. (a) It is the intent of the Legislature that the people of California have timely access to information concerning the campaign contributions and expenditures of all committees, corporations, and individuals, and that this information be provided before the election, when it is relevant, in accordance with the requirements of this title. It is the further intent of the Legislature that the Commission ensure that these disclosures are being made, and that this title be liberally construed and any judicial process be expedited to achieve this purpose.
(b) The Commission, and the Franchise Tax Board at the direction of the Commission, may audit any record required to be maintained under this title to ensure compliance with this title prior to an election, even if the record is a report or statement that has not yet been filed.
(Added by Stats. 2014, Ch. 9, Sec. 8. (AB 800) Effective April 3, 2014. Operative July 1, 2014, by Sec. 11 of Ch. 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 10 - Auditing › Section 90009.

90009. (a) To further the purposes of this title, the Commission may seek injunctive relief in a superior court to compel disclosure consistent with this title.
(b) A court shall grant expedited review to an action filed pursuant to subdivision (a) as follows:
(1) The court shall conduct an expedited hearing with an opportunity for the defendant to respond.
(2) Briefs of the parties shall be required pursuant to an expedited schedule.
(c) A superior or appellate court may, at its discretion, grant a stay of an order granting relief pursuant to subdivision (a).
(Added by Stats. 2014, Ch. 9, Sec. 9. (AB 800) Effective April 3, 2014. Operative July 1, 2014, by Sec. 11 of Ch. 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 11 - Enforcement › Section 91000.

91000. (a) Any person who knowingly or willfully violates any provision of this title is guilty of a misdemeanor.
(b) In addition to other penalties provided by law, a fine of up to the greater of ten thousand dollars ($10,000) or three times the amount the person failed to report properly or unlawfully contributed, expended, gave or received may be imposed upon conviction for each violation.
(c) Prosecution for violation of this title must be commenced within four years after the date on which the violation occurred.
(Repealed and added by Stats. 2000, Ch. 102, Sec. 73. Approved in Proposition 34 at the November 7, 2000, election. Operative January 1, 2001, by Sec. 83 of Ch. 102.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 11 - Enforcement › Section 91000.5.

91000.5. An administrative action brought pursuant to Chapter 3 (commencing with Section 83100) alleging a violation of any of the provisions of this title shall not be commenced more than five years after the date on which the violation occurred.
(a) The service of the probable cause hearing notice, as required by Section 83115.5, upon the person alleged to have violated this title shall constitute the commencement of the administrative action.
(b) If the person alleged to have violated this title engages in the fraudulent concealment of the person’s acts or identity, the five-year period shall be tolled for the period of the concealment. For purposes of this subdivision, “fraudulent concealment” means the person knows of material facts related to the person’s duties under this title and knowingly conceals them in performing or omitting to perform those duties, for the purpose of defrauding the public of information to which it is entitled under this title.
(c) If, upon being ordered by a superior court to produce any documents sought by a subpoena in any administrative proceeding under Chapter 3 (commencing with Section 83100), the person alleged to have violated this title fails to produce documents in response to the order by the date ordered to comply therewith, the five-year period shall be tolled for the period of the delay from the date of filing of the motion to compel until the date the documents are produced.
(Amended by Stats. 2021, Ch. 50, Sec. 234. (AB 378) Effective January 1, 2022.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 11 - Enforcement › Section 91001.

91001. (a) The Attorney General is responsible for enforcing the criminal provisions of this title with respect to state agencies, lobbyists and state elections. The district attorney of any county in which a violation occurs has concurrent powers and responsibilities with the Attorney General.
(b) The civil prosecutor is primarily responsible for enforcement of the civil penalties and remedies of this title. The civil prosecutor is the commission with respect to the state or any state agency, except itself. The Attorney General is the civil prosecutor with respect to the commission. The district attorneys are the civil prosecutors with respect to any other agency. The civil prosecutor may bring any civil action under this title which could be brought by a voter or resident of the jurisdiction. Upon written authorization from a district attorney, the commission may bring any civil action under this title which could be brought by a voter or resident of the jurisdiction. Under such circumstances, Section 91007 shall not apply to the commission.
(c) Whether or not a violation is inadvertent, negligent or deliberate, and the presence or absence of good faith shall be considered in applying the remedies and sanctions of this title.
(Amended by Stats. 1979, Ch. 357. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 11 - Enforcement › Section 91001.5.

91001.5. In any case in which a district attorney could act as the civil or criminal prosecutor under the provisions of this title, the elected city attorney of any charter city may act as the civil or criminal prosecutor with respect to any violations of this title occurring within the city.
(Added by Stats. 1976, Ch. 594.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 11 - Enforcement › Section 91002.

91002. No person convicted of a misdemeanor under this title shall be a candidate for any elective office or act as a lobbyist for a period of four years following the date of the conviction unless the court at the time of sentencing specifically determines that this provision shall not be applicable. A plea of nolo contendere shall be deemed a conviction for purposes of this section. Any person violating this section is guilty of a felony.
(Added June 4, 1974, by initiative Proposition 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 11 - Enforcement › Section 91003.

91003. (a) Any person residing in the jurisdiction may sue for injunctive relief to enjoin violations or to compel compliance with the provisions of this title. The court may in its discretion require any plaintiff other than the commission to file a complaint with the commission prior to seeking injunctive relief. The court may award to a plaintiff or defendant who prevails that party’s costs of litigation, including reasonable attorney’s fees.
(b) Upon a preliminary showing in an action brought by a person residing in the jurisdiction that a violation of Article 1 (commencing with Section 87100), Article 4 (commencing with Section 87400), or Article 4.5 (commencing with Section 87450) of Chapter 7 of this title or of a disqualification provision of a conflict of interest code has occurred, the court may restrain the execution of any official action in relation to which such a violation occurred, pending final adjudication. If it is ultimately determined that a violation has occurred and that the official action might not otherwise have been taken or approved, the court may set the official action aside as void. The official actions covered by this subsection include, but are not limited to, orders, permits, resolutions, and contracts, but do not include the enactment of any state legislation. In considering the granting of preliminary or permanent relief under this subsection, the court shall accord due weight to any injury that may be suffered by innocent persons relying on the official action.
(Amended by Stats. 2021, Ch. 50, Sec. 235. (AB 378) Effective January 1, 2022. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 11 - Enforcement › Section 91003.5.

91003.5. Any person who violates a provision of Article 2 (commencing with Section 87200), 3 (commencing with Section 87300), or 4.5 (commencing with Section 87450) of Chapter 7 is subject to discipline by that person’s agency, including dismissal, consistent with any applicable civil service or other personnel laws, regulations, and procedures.
(Amended by Stats. 2021, Ch. 50, Sec. 236. (AB 378) Effective January 1, 2022. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 11 - Enforcement › Section 91004.

91004. Any person who intentionally or negligently violates any of the reporting requirements of this title shall be liable in a civil action brought by the civil prosecutor or by a person residing within the jurisdiction for an amount not more than the amount or value not properly reported.
(Repealed and added by Stats. 2000, Ch. 102, Sec. 76. Approved in Proposition 34 at the November 7, 2000, election. Operative January 1, 2001, by Sec. 83 of Ch. 102.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 11 - Enforcement › Section 91005.

91005. (a) Any person who makes or receives a contribution, gift, or expenditure in violation of Section 84300, 84304, 86203, or 86204 is liable in a civil action brought by the civil prosecutor or by a person residing within the jurisdiction for an amount up to one thousand dollars ($1,000) or three times the amount of the unlawful contribution, gift, or expenditure, whichever amount is greater.
(b) Any designated employee or public official specified in Section 87200, except an elected state officer, who realizes an economic benefit as a result of a violation of Section 87100 or of a disqualification provision of a conflict of interest code is liable in a civil action brought by the civil prosecutor or by a person residing within the jurisdiction for an amount up to three times the value of the benefit.
(Amended by Stats. 2000, Ch. 130, Sec. 11. Effective January 1, 2001. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 11 - Enforcement › Section 91005.5.

91005.5. Any person who violates any provision of this title, except Sections 84305, 84307, and 89001, for which no specific civil penalty is provided, shall be liable in a civil action brought by the commission or the district attorney pursuant to subdivision (b) of Section 91001, or the elected city attorney pursuant to Section 91001.5, for an amount up to five thousand dollars ($5,000) per violation.
No civil action alleging a violation of this title may be filed against a person pursuant to this section if the criminal prosecutor is maintaining a criminal action against that person pursuant to Section 91000.
The provisions of this section shall be applicable only as to violations occurring after the effective date of this section.
(Repealed and added by Stats. 2000, Ch. 102, Sec. 79. Approved in Proposition 34 at the November 7, 2000, election. Operative January 1, 2001, by Sec. 83 of Ch. 102.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 11 - Enforcement › Section 91006.

91006. If two or more persons are responsible for any violation, they shall be jointly and severally liable.
(Repealed and added by Stats. 2000, Ch. 102, Sec. 82. Approved in Proposition 34 at the November 7, 2000, election. Operative January 1, 2001, by Sec. 83 of Ch. 102.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 11 - Enforcement › Section 91007.

91007. (a) Any person, before filing a civil action pursuant to Sections 91004 and 91005, must first file with the civil prosecutor a written request for the civil prosecutor to commence the action. The request shall include a statement of the grounds for believing a cause of action exists. The civil prosecutor shall respond to the person in writing, indicating whether the civil prosecutor intends to file a civil action.
(1) If the civil prosecutor responds in the affirmative and files suit within 120 days from receipt of the written request to commence the action, no other action may be brought unless the action brought by the civil prosecutor is dismissed without prejudice as provided for in Section 91008.
(2) If the civil prosecutor responds in the negative within 120 days from receipt of the written request to commence the action, the person requesting the action may proceed to file a civil action upon receipt of the response from the civil prosecutor. If, pursuant to this subdivision, the civil prosecutor does not respond within 120 days, the civil prosecutor shall be deemed to have provided a negative written response to the person requesting the action on the 120th day and the person shall be deemed to have received that response.
(3) The time period within which a civil action shall be commenced, as set forth in Section 91011, shall be tolled from the date of receipt by the civil prosecutor of the written request to either the date that the civil action is dismissed without prejudice or the date of receipt by the person of the negative response from the civil prosecutor, but only for a civil action brought by the person who requested the civil prosecutor to commence the action.
(b) Any person filing a complaint, cross-complaint, or other initial pleading in a civil action pursuant to Section 91003, 91004, 91005, or 91005.5 shall, within 10 days of filing the complaint, cross-complaint, or initial pleading, serve on the commission a copy of the complaint, cross-complaint, or initial pleading or a notice containing all of the following:
(1) The full title and number of the case.
(2) The court in which the case is pending.
(3) The name and address of the attorney for the person filing the complaint, cross-complaint, or other initial pleading.
(4) A statement that the case raises issues under the Political Reform Act of 1974.
(c) A complaint, cross-complaint, or other initial pleading shall not be dismissed for failure to comply with subdivision (b).
(Amended by Stats. 2021, Ch. 50, Sec. 237. (AB 378) Effective January 1, 2022. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 11 - Enforcement › Section 91008.

91008. Not more than one judgment on the merits with respect to any violation may be obtained under Sections 91004 and 91005. Actions brought for the same violation or violations shall have precedence for purposes of trial in order of the time filed. Such actions shall be dismissed once judgment has been entered or a settlement approved by the court in a previously filed action. The court may dismiss a pending action without prejudice to any other action for failure of the plaintiff to proceed diligently and in good faith. The action may be so dismissed on motion of the civil prosecutor or any plaintiff in an action based on the same violation.
(Added June 4, 1974, by initiative Proposition 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 11 - Enforcement › Section 91008.5.

91008.5. No civil action may be filed under Section 91004, 91005, or 91005.5 with regard to any person for any violations of this title after the commission has issued an order pursuant to Section 83116 against that person for the same violation.
(Added by Stats. 1984, Ch. 670, Sec. 4.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 11 - Enforcement › Section 91009.

91009. In determining the amount of liability under Sections 91004 or 91005, the court may take into account the seriousness of the violation and the degree of culpability of the defendant. If a judgment is entered against the defendant or defendants in an action brought under Section 91004 or 91005, the plaintiff shall receive fifty percent of the amount recovered. The remaining fifty percent shall be deposited in the General Fund of the state. In an action brought by the civil prosecutor, the entire amount recovered shall be paid to the general fund or treasury of the jurisdiction.
(Added June 4, 1974, by initiative Proposition 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 11 - Enforcement › Section 91010.

91010. No request to the civil prosecutor pursuant to Section 91007 shall be made or filed in connection with a report or statement required by Chapter 4 (commencing with Section 84100) until the time when an audit and investigation could be begun under subdivision (c) of Section 90002.
(Amended by Stats. 1992, Ch. 405, Sec. 5. Effective January 1, 1993. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 11 - Enforcement › Section 91011.

91011. (a) No civil action alleging a violation in connection with a report or statement required by Chapter 4 (commencing with Section 84100) shall be filed more than four years after an audit could begin as set forth in subdivision (c) of Section 90002, or more than one year after the Franchise Tax Board forwards its report to the commission, pursuant to Section 90004, of any audit conducted of the alleged violator, whichever period is less.
(b) No civil action alleging a violation of any provisions of this title, other than those described in subdivision (a), shall be filed more than four years after the date the violation occurred.
(Amended by Stats. 2004, Ch. 591, Sec. 2. Effective January 1, 2005. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 11 - Enforcement › Section 91012.

91012. The court may award to a plaintiff or defendant other than an agency, who prevails in any action authorized by this title, that party’s costs of litigation, including reasonable attorney’s fees. On motion of any party, a court shall require a private plaintiff to post a bond in a reasonable amount at any stage of the litigation to guarantee payment of costs.
(Amended by Stats. 2021, Ch. 50, Sec. 238. (AB 378) Effective January 1, 2022.)