D. Officeholder Committees (AB 571)
Officeholder committees are not permitted for city and county candidates subject to the default state contribution limit. However, a candidate may use a committee for the officeholder’s future election for officeholder expenses. A candidate may also use existing funds in the election committee for current office for officeholder expenses.
E. Other Committees (AB 571) Legal Defense Committees
City and county candidates and officeholders may establish a legal defense fund to defray attorney’s fees and other related legal costs incurred for the candidate’s or officeholder’s legal defense if the candidate or officeholder is subject to a civil or criminal proceeding, or an administrative proceeding arising directly out of the conduct of an election campaign, the electoral process, or the performance of the officeholder’s governmental activities and duties. A separate bank account and committee must be established. The legal defense committee will file campaign statements at the same times and in the same place as the candidate’s election committee.
Contributions raised for a legal defense fund are not subject to contribution limits.
QUICK TIP: The Form 410 must specify the legal dispute or disputes for which the legal defense fund was established.
Legal defense funds may only be raised in an amount reasonably calculated to pay attorney’s fees and other legal costs related to the defense of the candidate or officeholder, as well as administrative costs directly related to compliance with recordkeeping and reporting requirements. Legal defense funds may not be used for fundraising, media or political consulting fees, mass mailings or other advertising, or for paying fines, penalties, judgements or settlements, or to return contributions. (Please refer to Regulation 18530.45.)
Fair Political Practices Commission advice@fppc.ca.gov
Chapter 1.13
Campaign Manual 2 August 2023 Page 118
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