California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 5 - Campaign Finance Reform › Section 18535 - Restrictions on Contributions Between Candidates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Under Section
				85305, a candidate for elective
				state office, as defined in Section
				82024, or a candidate for elective
				city or county office subject to Section
				85301, and any committee controlled
				by that candidate may not make any contribution to any other candidate for
				elective state office, or a candidate for an elective city or county office
				subject to Section
				85301(d), in
				excess of the limits set forth in subdivision (a) of Section
				85301, except as provided in
				subdivisions (b), (c), and (d). This amount is adjusted for inflation in
				January of every odd-numbered year, pursuant to Section
				83124 and implementing regulations,
				and, for an election occurring during the period between January 1, 2021
				through December 31, 2022, is $4,900 per person.
(b) Pursuant to Section
				85315, the restrictions of Section
				85305 do not apply to contributions
				made by a candidate for elective state office, or any committee controlled by
				that candidate, to a committee established by an elective state officer to
				oppose the qualification of a recall measure or to oppose the recall election
				for the candidate's elected state office, and also do not apply to any
				contributions made by a candidate for an elective city or county office subject
				to Section 85301(d), or any
				committee controlled by that candidate, to a committee established by an
				elective city or county officer subject to Section
				85301(d) to oppose
				the qualification of a recall measure or to oppose the recall election for the
				candidate's elected city or county office.
(c) Pursuant to Section
				85304(b) and
				85304.5, the restrictions of
				Section 85305 do not apply to contributions
				made by a candidate for elective state office, or any committee controlled by
				that candidate, to a committee established by an elective state officer, and
				also do not apply to contributions made by a candidate for an elective city or
				county office subject to Section
				85301(d), or any
				committee controlled by that candidate, to a committee established by an
				elective city or county officer subject to Section
				85301(d), to
				defray attorney's fees and other related legal costs incurred for the
				candidate's or officer's legal defense established under Section
				85304(a) or
				Section 85304.5(b).
(d) Pursuant to Section
				85303(c), the
				restrictions of Section
				85305 do not apply to contributions
				made by a candidate for elective state office or contributions made by a
				candidate for elective city or county office subject to Section
				85301(d), or any
				committee controlled by that candidate, to a ballot measure committee
				controlled by another state candidate or to a ballot measure committee
				controlled by another candidate for elective city or county office subject to
				Section 85301(d).
(e) The contribution limit of Section
				85305, as adjusted for inflation,
				applies to contributions made by officeholders or candidates for Governor,
				other statewide elective offices, the Legislature, and the Board of
				Administration of the Public Employees' Retirement System, elective city and
				county offices subject to Section
				85301(d), and
				their committee(s), to other candidates for elective state office or other
				candidates for elective city or county offices subject to Section
				85301(d), subject
				to the provisions of subdivision (g).
(f) Except as provided in subdivisions (b),
				(c) and (d), the restrictions of Section
				85305 on contributions made by one
				candidate for elective state office or one candidate for elective city or
				county office subject to Section
				85301(d) to
				another apply to the aggregate total of contributions made from the personal
				funds or assets of the candidate and contributions made by all committees
				controlled by that candidate, as defined in section
				82016 and Regulation
				18217.
(g) Except as provided in
				subdivisions (b), (c) and (d), the restrictions of Section
				85305 on contributions made by one
				candidate for elective state office or by one candidate for elective city or
				county office subject to Section
				85301(d) to
				another apply to all contributions made from, and all contributions made to,
				any committees controlled by a candidate for elective state office or a
				candidate for elective city or county office subject to Section
				85301(d) including
				committees for a pre-2001 state election and for a pre-2021 election for
				candidates for elective city or county officers subject to Section
				85301(d).
(h) Pursuant to Section
				83 of Proposition 34, the
				restrictions of Section
				85305 are applicable to
				contributions made by legislative candidates and their controlled committees to
				any candidate for elective state office, on and after January 1, 2001, and are
				applicable to contributions made by candidates for statewide elective office,
				as defined in Section
				82053, and their controlled
				committees, to any candidate for elective office, on and after November 6,
				2002, except as provided in subdivisions (b), (c) and (d).
(i) The restrictions of Section
				85305 are applicable to
				contributions made by legislative candidates, candidates for elective city or
				county offices subject to Section
				85301(d), and
				candidates for statewide elective office, as defined in Section
				82053, and their controlled
				committees, to any candidate for elective city or county office subject to
				Section 85301(d) on or
				after January 1, 2021 except as provided in subdivisions (b), (c) and
				(d).
1. New section
				  filed 8-19-2002 as an emergency; operative 8-19-2002. A Certificate of
				  Compliance must be transmitted to OAL by 12-17-2002 or emergency language will
				  be repealed by operation of law on the following day. Submitted to OAL for
				  filing pursuant to Fair Political Practices Commission v. Office of
				  Administrative Law, 3 Civil C010924, California Court of Appeal, Third
				  Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations
				  only subject to 1974 Administrative Procedure Act rulemaking requirements)
				  (Register 2002, No. 34). For prior history, see Register 2001, No.
				  18.
2. Certificate of Compliance as to 8-19-2002 order transmitted
				  to OAL 12-13-2002 and filed 1-8-2003 (Register 2003, No. 2).
3.
				  Amendment of section and NOTE filed 11-15-2017; operative 12-15-2017 pursuant
				  to title 2, section
				  18312(e)(1) of the
				  California Code of Regulations. Submitted to OAL for filing and printing only
				  pursuant to Fair Political Practices Commission v. Office of Administrative
				  Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,
				  nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974
				  Administrative Procedure Act rulemaking requirements and not subject to
				  procedural or substantive review by OAL) (Register 2017, No. 46).
4.
				  Amendment of subsections (a) and (b), new subsections (c) and (d), subsection
				  relettering and amendment of newly designated subsections (e)-(h) filed
				  2-13-2018; operative 3-15-2018 pursuant to title 2, section
				  18312(e)(1)(A) of
				  the California Code of Regulations. Submitted to OAL for filing and printing
				  pursuant to Fair Political Practices Commission v. Office of Administrative
				  Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,
				  nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974
				  Administrative Procedure Act rulemaking requirements) (Register 2018, No.
				  7).
5. Amendment of subsections (a) and (e) and amendment of NOTE
				  filed 7-22-2019; operative 8-21-2019 pursuant to Cal. Code Regs., tit. 2,
				  section 18312(e).
				  Submitted to OAL for filing pursuant to Fair Political Practices Commission v.
				  Office of Administrative Law, 3 Civil C010924, California Court of Appeal,
				  Third Appellate District, nonpublished decision, April 27, 1992 (FPPC
				  regulations only subject to 1974 Administrative Procedure Act rulemaking
				  requirements and not subject to procedural or substantive review by OAL)
				  (Register 2019, No. 30).
6. Amendment of section heading,
				  subsections (a)-(g), new subsection (i) and amendment of NOTE filed 3-22-2021;
				  operative 4-21-2021 pursuant to Cal. Code Regs., tit. 2, section
				  18312(e).
				  Submitted to OAL for filing and printing pursuant to Fair Political Practices
				  Commission v. Office of Administrative Law, 3 Civil C010924, California Court
				  of Appeal, Third Appellate District, nonpublished decision, April 27, 1992
				  (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking
				  requirements and not subject to procedural or substantive review by OAL)
				  (Register 2021, No. 13).
7. Amendment of subsection (b) filed
				  5-12-2021; operative 6-11-2021 pursuant to Cal. Code Regs., tit. 2, section
				  18312(e).
				  Submitted to OAL for filing pursuant to Fair Political Practices Commission v.
				  Office of Administrative Law, 3 Civil C010924, California Court of Appeal,
				  Third Appellate District, nonpublished decision, April 27, 1992 (FPPC
				  regulations only subject to 1974 Administrative Procedure Act rulemaking
				  requirements and not subject to procedural or substantive review by OAL)
				  (Register 2021, No. 20).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Sections
					 85301,
					 85304.5,
					 85305,
					 85315 and
					 85702.5,
					 Government Code.