California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 5 - Campaign Finance Reform › Section 18531.7 - Payments for Communications - Section 85312

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Definitions. For purposes of Government
				Code section
				85312
				"payments for communications to members" are any payments made by an
				organization or its sponsored committee for the publication, dissemination or
				communication to the organization's members, employees, or shareholders, or to
				the families of the organization's members, employees or shareholders by
				newsletter, letter, flyer or the like of material, written or spoken, that
				supports or opposes a candidate or ballot measure. "Payments for communications
				to members" do not include any payments made by an organization for general
				public advertising such as broadcasting, billboards, and newspaper
				advertisements or for communications to persons who are not members, employees,
				or shareholders, or families of members, employees, or shareholders of the
				organization.
(1) An "organization," other
				than a political party, means a sole proprietorship, firm, partnership, joint
				venture, syndicate, business trust, company, corporation, limited liability
				company, association, labor union and any other organization or group of
				persons acting in concert, including a committee as defined by Government Code
				section
				82013, but
				excluding a candidate or individual.
(2) "Member" means any person who, pursuant
				to a specific provision of an organization's articles or bylaws, has the right
				to vote directly or indirectly for the election of a director or directors or
				an officer or officers or on a disposition of all or substantially all of the
				assets of the organization or on a merger or on a dissolution. "Member" also
				means any person who is designated in the articles or bylaws as a member and,
				pursuant to a specific provision of an organization's articles or bylaws, has
				the right to vote on changes to the articles or bylaws, or pays or has paid
				membership dues in an amount predetermined by the organization so long as the
				organization is tax exempt under
				26 U.S.C.
				501, subdivision (c). Members of a local
				union are considered to be members of any national or international union of
				which the local union is a part and of any federation with which the local,
				national, or international union is affiliated.
(3) A person is not a "member" of an
				organization if the person is only on a mailing or contact list of the
				organization without meeting the definition provided in subdivision (a)(2) of
				this regulation.
(4) "Shareholder"
				means the person in whose name shares are registered in the records of a
				corporation or the beneficial owner of shares to the extent of the rights
				granted by a nominee certificate on file with a corporation.
(5) "Family" means a member's, employee's, or
				shareholder's spouse, domestic partner as defined by Family Code section
				297, dependent
				children, and parents who reside with the member, employee, or
				shareholder.