California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 5 - Campaign Finance Reform › Section 18530.2 - Transfer of Funds Raised Prior to Proposition 34 and Assembly Bill 571 Limits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Candidates for Elective State Office Other Than Statewide Elective Office:
Pursuant to Section
				  85306, subdivision (b), a candidate
				  for elective state office, other than a candidate for statewide elective
				  office, may transfer funds possessed on January 1, 2001, to a controlled
				  committee of the same candidate for an election held after January 1, 2001,
				  without attributing the funds to specific contributors. There is no limit to
				  the number of times the candidate's committee may transfer without attribution
				  funds possessed on January 1, 2001; provided, however, that the maximum amount
				  that the controlled committee holding the funds on January 1, 2001, may
				  subsequently transfer without attribution shall be the lesser of (i) the
				  balance on January 1, 2001, less the amount of any transfers made without
				  attribution after January 1, 2001, and (ii) the lowest balance in the
				  committee's account on or after January 1, 2001; and, provided further, that
				  the maximum amount that any committee that has received such unattributed
				  transfer may subsequently transfer without attribution shall be the lesser of
				  (i) the sum received without attribution less any transfers subsequently made
				  by that committee without attribution, and (ii) the lowest balance in the
				  committee's account following receipt of such unattributed
				  transfer.
(b) Candidates for
				Statewide Elective Office:
Pursuant to Section
				  85306, subdivision (c), a candidate
				  for statewide elective office may transfer funds possessed on November 6, 2002,
				  to a controlled committee of the same candidate for an election held after
				  January 1, 2001, without attributing the funds to specific contributors. There
				  is no limit to the number of times the candidate's committee may transfer
				  without attribution funds possessed on November 6, 2002; provided, however,
				  that the maximum amount that the controlled committee holding the funds on
				  November 6, 2002, may subsequently transfer without attribution shall be the
				  lesser of (i) the balance on November 6, 2002, less the amount of any transfers
				  made without attribution after November 6, 2002, and (ii) the lowest balance in
				  the committee's account on or after November 6, 2002; and, provided further,
				  that the maximum amount that any committee that has received such unattributed
				  transfer may subsequently transfer without attribution shall be the lesser of
				  (i) the sum received without attribution less any transfers subsequently made
				  by that committee without attribution, and (ii) the lowest balance in the
				  committee's account following receipt of such unattributed
				  transfer.
(c) Candidates for
				Elective City and County Offices Subject to the Section
				85301(d)
				Contribution Limit:
Pursuant to Section
				  85306, subdivision (a), a candidate
				  for elective city or county office may transfer funds possessed on January 1,
				  2021, to a controlled committee of the same candidate for an election held
				  after January 1, 2021, without attributing the funds to specific contributors.
				  There is no limit to the number of times the candidate's committee may transfer
				  without attribution funds possessed on January 1, 2021; provided, however, that
				  the maximum amount that the controlled committee holding the funds on January
				  1, 2021, may subsequently transfer without attribution shall be the lesser of
				  (i) the balance on January 1, 2021, less the amount of any transfers made
				  without attribution after January 1, 2021, and (ii) the lowest balance in the
				  committee's account on or after January 1, 2021; and, provided further, that
				  the maximum amount that any committee that has received such unattributed
				  transfer may subsequently transfer without attribution shall be the lesser of
				  (i) the sum received without attribution less any transfers subsequently made
				  by that committee without attribution, and (ii) the lowest balance in the
				  committee's account following receipt of such unattributed
				  transfer.
1. New section
				  filed 1-30-2003 as an emergency; operative 1-30-2003 (Register 2003, No. 5). A
				  Certificate of Compliance must be transmitted to OAL by 5-30-2003 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 1-30-2003 order, including
				  amendment of section and NOTE, transmitted to OAL 5-15-2003 and filed 6-16-2003
				  (Register 2003, No. 25).
3. Amendment of section heading, and
				  subsections (a)-(b), new subsection (c) 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).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Sections
					 85301,
					 85306 and
					 85702.5,
					 Government Code.