Independent Expenditures Government Code Section 85501 states that a candidate controlled committee may not make independent expenditures and may not contribute funds to another committee for the purpose of making independent expenditures to support or oppose other candidates. However, a recent Sacramento County Superior Court decision in Charles R. “Chuck” Reed v. Fair Political Practices Commission found Section 85501 unconstitutional and enjoined the Commission from enforcing that provision. Before making an independent expenditure to support or oppose another candidate, committees should seek advice from the FPPC. An advice letter (Downing, No. A-14-148) has been issued on the matter. A candidate controlled committee for elective office may make independent expenditures to support or oppose a ballot measure. Loans Campaign funds may be used to make loans to other political committees, subject to applicable limits, if any. Transfers from a local candidate’s committee to their state committee must be attributed to the original contributors. See Campaign Disclosure Manual 1 for State Candidates for more information on transfers and attribution. Campaign funds may also be used to make loans to bona fide charitable, educational, civic, religious, or similar tax-exempt, nonprofit organizations, so long as the loan does not personally benefit the officeholder, candidate, committee treasurer, or any individual with authority to approve the expenditure of campaign funds, or any such person’s immediate family member. The loan must be reasonably related to a political, legislative, or governmental purpose. Campaign funds may not be loaned to an individual or to an entity other than those described above.
Fair Political Practices Commission advice@fppc.ca.gov
Chapter 6.9
Campaign Manual 2 August 2023 Page 239
Made with FlippingBook interactive PDF creator