A committee that receives a monetary contribution with actual knowledge that the contribution is over the applicable contribution limit in the Act may accept the contribution and return or attribute the portion in excess within 72 hours of receipt or before the date of the election, whichever is sooner without being in violation of the contribution limit. However, a committee is prohibited from making use of the excessive contribution prior to returning or attributing it and the amount of a contribution that may be accepted is capped at twice the applicable contribution limit. A committee may request that the contributor attribute in writing a contribution to a different election. A committee may automatically attribute a portion of a contribution that is in excess of the applicable limit between the primary and general elections. A committee attributes a contribution when the committee designates the portion of the contribution in excess of the applicable limit to another election. A committee that receives an excessive contribution with or without actual knowledge that the contribution was over the limit must inform the contributor:
• that their contribution was in excess of the applicable limit, and
• if the contribution was automatically attributed to the connected primary or general election, that the contribution was attributed and the contributor may request a refund.
Recurring Contributions
A “recurring contribution” is a contribution from a person to a candidate or committee that is automatically charged to the person’s bank account, credit card, or other payment account on a repeated basis, such as weekly or monthly, without approval or any other affirmative consent by the person after their initial contribution to the candidate or committee.
Fair Political Practices Commission advice@fppc.ca.gov
Chapter 1.5
Campaign Manual 2 August 2023 Page 110
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