Section 18535 - Restrictions on Contributions Between Candidates(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).Cal. Code Regs. Tit. 2, § 18535
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.
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 toFair 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).