California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 5 - Campaign Finance Reform › Section 18531 - Return or Attribution of Excessive Contributions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Attribution. A committee that elects to
				attribute a contribution, or a portion thereof, that exceeds the applicable
				contribution limit set forth in Section
				85301,
				85302,
				85303, or
				85316 to another election pursuant
				to Section 85319.5(a) or (b)
				must obtain written confirmation from the contributor that the contribution may
				be attributed to a different election except the committee may attribute a
				contribution, or a portion thereof, between a primary and general election for
				the same term of office without obtaining prior permission from the
				contributor.
(b) Non-monetary
				contributions. A committee that receives a non-monetary contribution whose fair
				market value, or a portion thereof, exceeds a contribution limit set forth in
				Section 85301,
				85302,
				85303, or
				85316, may return the non-monetary
				contribution, or a portion thereof, either in its original form or in a
				monetary equivalent, or attribute the portion of the non-monetary contribution
				whose fair market value exceeds the limit to another election by attributing
				the excess amount to another election or attributing the monetary equivalent of
				the contribution to another committee established for another election. The
				return or attribution of a non-monetary contribution pursuant to Section
				85319.5 must occur within 14 days
				of receiving a contribution and the committee may not make use of the
				non-monetary contribution prior to its return or attribution.
(c) Making Over-the-Limit Contributions. This
				regulation shall not be construed to authorize the making or solicitation of
				any contribution in excess of the contribution limits of Sections
				85301,
				85302,
				85303, and
				85316.
(d) Contributions not for Candidates.
				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 applicable time period as prescribed by either Section
				85319.5(a) or (b),
				depending on whether the committee has actual knowledge that the contribution
				exceeds the applicable limit.
(e)
				Reporting. A contribution returned or attributed, in whole or in part, under
				Section 89519.5, must be reported as a
				contribution in its entirety pursuant to Chapters 4 and 5 of the Act if the
				committee deposits the contribution in its bank account. The amount returned or
				attributed must also be reported.
(1) A
				committee that elects to automatically attribute a contribution, or a portion
				thereof, that is in excess of the applicable limit between the primary and
				general elections as prescribed by Section
				85319.5(d)(2) must
				disclose the cumulative totals of contributions received for both the primary
				and the general elections, respectively, in accordance with Regulation
				18421.4.
(2) An amount transferred
				to another committee must be reported by the transferring committee as an
				expenditure.
(3) An amount
				attributed to another committee must be reported by the receiving committee as
				a contribution from the original contributor and identify the attributing
				committee as an intermediary pursuant to Section
				84302.