Fourth Quarter Update
Campaign Reporting and Advertising Disclosure
Regulations adopted by the Commission
The following are regulatory changes approved by the Commission during the past quarter concerning campaign reporting or advertising disclosure. To receive updates for all regulations before the Commission, please sign up for our mailing list here.
Amend
Regulation 18410 – Statement of Organization
Regulation 18531.5 – Recall Elections
Advice Letters
The following are advice letters issued by the Commission’s Legal Division during the past quarter concerning questions about campaign reporting or advertising disclosure. To receive the monthly report with all advice letters issued, please sign up for our mailing list here.
Campaign
Stephen Golub I-22-085
An organization will not qualify as a committee under Section 82013(a) if it does not receive payments totaling $2,000 or more in a calendar year for political purposes and will not qualify as a committee under Section 82013(b) if it does not expend $1,000 or more on independent expenditures that expressly advocate the support or defeat of candidates or measures or unambiguously urge a particular result. In addition, whether members of the organization may engage in outside campaign activity, such as working directly with candidates, depends on the activities of the organization.
Commission Opinions
O-22-002 – In re Kendrick
An opinion concluding that provisions of Section 84308, as amended by SB 1439 (taking effect January 1, 2023), do not apply to contributions received or proceedings participated in throughout 2022, before the statutory amendments took effect.
Enforcement Matters
The following are summaries of significant enforcement actions approved by the Commission in the past quarter involving violations of the Act’s campaign reporting and advertising disclosure provisions. To receive a monthly report of all enforcement actions, please sign up for our mailing list here.
Campaign Bank Account
In the Matter of H. S. Fangary for City Council 2017, Hany S. Fangary, and Dina Fangary; FPPC No. 18/005, 22/033. Staff: Theresa Gilbertson, Senior Commission Counsel. Hany S. Fangary was a successful candidate for the 2013 and 2017 elections for City Council. H. S. Fangary for City Council 2017 was Fangary’s candidate-controlled committee. Dina Fangary served as the Committee’s treasurer. The 2017 Committee, Fangary, and Dina Fangary failed to deposit all contributions into and make all expenditures from a designated campaign bank account, in violation of Government Code Section 85201 (1 count). The 2017 Committee, Fangary, and Dina Fangary failed to timely file campaign statements for the reporting periods ending September 23, 2017; December 31, 2017; and June 30, 2018, in violation of Government Code Sections 84200.5 and 84200 (1 count). Fine: $6,000.
In the Matter of Craig Kay for Assessor-Recorder 2018, and Craig Kay; FPPC No. 18/540. Staff: Theresa Gilbertson, Senior Commission Counsel and Lance Hachigian, Special Investigator. Craig Kay was a successful candidate for Siskiyou County Assessor-Recorder in the June 5, 2018 Primary Election. Craig Kay for Assessor-Recorder 2018 was their candidate-controlled committee. Kay and the Committee failed to utilize a designated campaign bank account for all expenditures, in violation of Government Code Section 85201 (1 count). Fine: $2,500.
Legislation
None.
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