(a)
Submitting Contributor List to Commission.
(1)
Under Section
84223
(a)
, a committee primarily formed to support or oppose a state ballot measure or to make independent expenditures on a state candidate that raises $1,000,000 or more for an election must maintain and submit a list of its top 10 contributors to the Commission. A committee must submit its list to the Commission by electronic mail, including its committee identification number in the subject line of the message.
(2)
The list of a committee's top 10 contributors must disclose the information required by Section
84223
(b)
on a form prescribed by the Commission, or in a substantially similar format or spreadsheet approved by the Executive Director. The committee must identify the state candidate(s) or ballot measure(s) it is primarily formed to support or oppose. And the top 10 list must identify whether a contributor is a recipient committee or major donor, and the recipient committee or major donor's committee identification number, if applicable.
(3)
A committee must submit an updated list of its top 10 contributors to the Commission if a new contributor qualifies, an existing top contributor makes additional contributions of $5,000 or more in the aggregate, or a change occurs in the relative ranking of the contributors, as specified in Section
84223
(c)(2)
, and when a reporting committee changes its name to add or delete a ballot measure or candidate.
(4)
During the 16-day period before the election, a committee must submit the list within two business days of meeting the requirements in Section
84223
(a)
or a change in top contributor information or reporting committee name as specified in paragraph (3), above. Outside this time period, a committee must submit the list within three business days of meeting the requirements in Section
84223
(a)
or a change in the top contributor information or committee name as specified in paragraph (3), above.
(5)
If a committee lists a state recipient committee on its top 10 contributors list, it must provide the names of the top two contributors of $50,000 or more to the state recipient committee unless the state recipient committee has independently submitted a report under Section
84223
for the same election. A committee is only required to update the top two contributors to a state recipient committee under this subdivision if the state recipient committee makes an additional contribution to the committee of $5,000 or more.
(A)
For purposes of this subdivision, the top two contributors to the state recipient committee may be determined by reference to campaign reports available online from the Secretary of State's Cal-Access System.
(B)
A committee, which has filed within the applicable deadlines, is considered to have complied with this subdivision if the committee makes reasonable efforts to disclose the top two contributors to the state recipient committee based upon the following criteria:
(i)
Top contributors are determined for the Cal-Access two-year election period.
(ii)
Top contributors are determined at the time the report is filed by aggregating contributions from the same source as reported by the state recipient committee on Cal-Access as "Contributions Received" (contributions reported on Form 460) and "Late and $5000+ Contributions Received" (contributions reported on Form 497).
(b)
Commission Posting Lists.
(1)
With respect to the top contributor lists provided by a committee to the Commission under Section
84223
(a)-(d)
, the Commission will post or update the top ten contributor list within 48 hours pursuant to Section
84223
(c)(4)
.
(2)
With respect to the list of top contributors supporting or opposing a state ballot measure under Section
84223
(e)
, the Commission will make the list of top contributors supporting or opposing a state ballot measure using the top contributor lists provided by committees pursuant to Section
84223
(a)-(d)
. The Commission will state on its website the methodology used in compiling the state ballot measure top contributor lists, and post and update the lists as timely as practicable.
Source
1. New section filed 8-7-2014; operative 8-29-2014 pursuant to section
18312
(e)(1)(A)
, title 2, 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 2014, No. 32).
2. Amendment filed 10-19-2015; operative 11-18-2015. 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 2015, No. 43).
3. Amendment of subsections (a)(3), (a)(5) and (b)(1) filed 9-14-2020; operative 10-14-2020 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 2020, No. 38).
4. Repealer and new section filed 6-7-2021; operative upon the Secretary of State certifying an online filing and disclosure system under Government Code section
84602
(b)(7)
. 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. 24).
5. Editorial correction of HISTORY 4 (Register 2021, No. 26).
6. Repealer and new section filed 11-10-2021; operative 12-10-2021 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. 46).
History
1. New section filed 8-7-2014; operative
8/29/2014
pursuant to section 18312(e)(1)(A), title 2, 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 2014, No. 32
).
2. Amendment filed 10-19-2015; operative
11/18/2015
. 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 2015, No. 43
).
3. Amendment of subsections (a)(3), (a)(5) and (b)(1) filed 9-14-2020; operative
10/14/2020
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 2020, No. 38
).
4. Repealer and new section filed 6-7-2021; operative upon the Secretary of State certifying an online filing and disclosure system under Government Code section 84602(b)(7) (
Register 2021, No. 24
).
5. Editorial correction of History 4 (Register 2021, No. 26).
6. Repealer and new section filed 11-10-2021; operative
12/10/2021
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. 48
).