Soliciting Contributions from Public Employees Government Code Section 3205 prohibits a local candidate from knowingly, directly or indirectly, soliciting a political contribution from any employees of their agency or from a person on an employment list of that agency. There is an exception for solicitations that are made to a significant segment of the public. For further information, contact the Attorney General’s office at (800) 952-5225 or the local district attorney.
C. Public Funds and Public Resources
Under Government Code Section 85300, the use of public moneys for the purpose of seeking elective office is prohibited unless: • The governmental entity establishes a dedicated fund for this purpose by statute, ordinance, resolution, or charter; and • Public moneys held in the fund are available to all qualified, voluntarily participating candidates for the same office without regard to incumbency or political party preference; and • The state or local governmental entity has established criteria for determining a candidate’s qualification by statute, ordinance, resolution, or charter.
QUICK TIP: Using public resources for campaign purposes is prohibited.
Please note that at the time of this publication, recently enacted provisions of Section 85300 are currently the subject of a court challenge. (See Howard Jarvis Taxpayers Assn. v. Brown, Super. Ct. Sacramento County, 2016, No. 34-2016-80002512.) In addition, laws outside the Act prohibit the use of public resources, such as office equipment, staff time, etc., for campaign or personal purposes. (Education Code Section 7054; Gov. Code Section 8314; Penal Code Section 426; and Vargas v. City of Salinas (2009) 46 Cal 4th 1.)
Fair Political Practices Commission advice@fppc.ca.gov
Chapter 5.6
Campaign Manual 2 August 2023 Page 226
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