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Item No. 16
AGENDA REPORT
DATE: December 8, 2025
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk,cQJ/5' Steven Graham Pacifico, City Attorney
SUBJECT: Campaign Contribution Limits
RECOMMENDATION:
That the City Council discuss campaign contribution limits within the City of Yucaipa.
BACKGROUND/DISCUSSION:
At the November 10, 2025 Regular City Council Meeting, the City Council directed staff to return with a discussion item regarding campaign contribution limits at the request of Councilmember Miller.
Currently, there are no campaign contribution limits in the City of Yucaipa.
In California, the Political Reform Act (Act) governs the reporting of campaign contributions and expenditures at the state and local level. The Fair Political Practices Commission (Commission) serves as the enforcement agency that investigates and administratively prosecutes violations of the Act.
Historically, the Act has only set campaign contribution limits for state level offices such as Senator, Assemblymember, Governor, Lieutenant Governor, etc. There was no state law requirement for cities or counties to have limits in place. Thus, most cities and counties throughout the state, including Yucaipa, had no limits. Some cities and counties at their discretion opted to impose limits on themselves. In 2019, the State legislature adopted AB 571. Pursuant to AB 571, commencing January 1, 2021, if a city or county had not already enacted a contribution limit on such candidates, the limits would automatically default to the state's campaign contribution limits. The bill further authorized a city to impose limitations that are different from those of the state, however, by imposing limitations different than those of the state, the Commission would no longer serve as the enforcement agency.
From 1989 when the City of Yucaipa incorporated to 2021, the City had no campaign contribution limits. Because an ordinance was not adopted by the City Council prior to 2021, the City then became subject to the provisions of AB 571 and campaign contribution limits were set, defaulting to the state's limit. The default state contribution limit in 2021 was $4,900. Contribution limits are adjusted in January of every odd -numbered year to reflect any increase or decrease in the Consumer Price Index.
The current default state contribution limit is $5,900. In addition to defaulting to the state's contribution limit as a result of not having an ordinance in place, the City was also affected by other provisions of
AB 571 such as the requirement to completely close out a committee and bank account and re -open them for a new cycle.
At the January 22, 2024 Regular City Council Meeting, staff brought forward Ordinance No. 440, imposing no limits on campaign contributions in the City of Yucaipa. However, after Council discussion, the City Attorney was directed to return to Council with a separate Ordinance setting campaign contribution limits to $10,000 for Council consideration.
At the February 26, 2024 Regular City Council Meeting, Ordinance No. 440 establishing no limits on campaign contributions and Ordinance No. 443 establishing a campaign contribution limit of $10,000 were presented to Council for consideration. After Council discussion, the introduction and first reading of Ordinance No. 440 establishing no limits on campaign contributions was approved by a vote of 4-1, with Councilmember Beaver voting no.
CITY COUNCIL OPTIONS
The following are options for Council consideration:
1. Do nothing - Ordinance No. 440 remains in place. This option would continue to set no limits on campaign contributions in the City of Yucaipa. With this option, the issue of enforcement is moot as there are no limits to regulate.
2. Repeal Ordinance No. 440. If the Council chose to repeal Ordinance No. 440, the City would no longer have an ordinance on the books related to campaign contributions and the City would therefore default to the State's limit. The State's 2025 contribution limit chart is attached (Attachment 1). With this option, the Commission would serve as the enforcement agency.
3. Establish a different contribution limit. If the Council selects this option, staff recommends that the Council determine an appropriate contribution limit, direct the City Attorney to draft a new ordinance reflecting that amount, and consider entering into an agreement with the Commission for Campaign Law Enforcement. The sample campaign law enforcement agreement is attached (Attachment 2). With this option, the City would be responsible for enforcement unless it enters into an agreement with the Commission. The City currently does not have adequate staffing nor fees set to be able to serve as the enforcement agency. Entering into an agreement with the Commission would be the only feasible option but would require a budget adjustment in the amount of approximately $SS, 000 to cover the cost of the agreement.
Staff recommends that the Council discuss the options presented and provide feedback and/or direction to staff.
FISCAL IMPACT:
The fiscal impact is dependent on the direction provided by Council.
Attachment(s):
1. 2025 State Contribution Limit Chart
2. Campaign Law Enforcement Agreement
3. AB 571 Fact Sheet
Approved by: �(p Cyr
ATTACHMENT 1
California Fair Political Practices Commission
California State Contribution Limits
(Effective January 1, 2025 - December 31, 2026)
Candidates seeking a state office and committees that make contributions to state candidates are subject to contribution limits from a single source. As of January 1, 2021, a state campaign contribution limit applies by default to city and county candidates when the city or county has not already enacted a law addressing a local contribution limit on such candidates. (Sections 85301- 85303.) Contributions from affiliated entities are aggregated for purposes of the limits. (Regulation 18215.1.) The chart below shows the current limits per contributor for state offices and city and county candidates when the city or county does not have laws addressing a local contribution limit on such candidates. The primary, general, special, and special run-off elections are considered separate elections. Contribution limits to candidates apply to each election. Contribution limits to officeholder and other committees apply on a calendar year basis.
Contact your city or county about contribution limits for local offices.
Contribution Limits to State and Local* Candidates Per Election Candidate or Officeholder
City and County Candidates subject to Section 85301 (d) Person (individual, business
entity, committee/PAC)
$5,900
Contributor
Sources
Small Contributor Committee
(see definition on page 2)
$5,900
Political Party
$5,900
Senate and Assembly
$5,900
$11,800
No Limit
CaIPERS/CaISTRS
$5,900
$11,800
No Limit
Lt. Governor, Secretary of State, Attorney General,
Treasurer, Controller, Supt. of Public Instruction,
Insurance Commissioner, and Board
of Equalization
$9,800
$19,600
No Limit
Governor
$39,200
$39,200
No Limit
*State campaign contribution limit will by default apply to city and county candidates when the city or county does not have laws addressing a contribution limit on such candidates.
Contributions to Other State Committees Per Calendar Year Committee
Committee (Not Political Party) that Contributes to State Candidates (PAC) Political Party Account for State Candidates
Small Contributor Committee
Committee Account NOT for State Candidates (Ballot Measure, PAC, Political Party) Contributor Sources
Person (individual, business entity,
committee/PAC)
$9,800
$49,000
$200
No Limit*
*State committees (including political parties and PACs) may receive contributions in excess of the limits identified above as long as the contributions are NOT used for state candidate contributions. (Regulation 18534.) Contributions to State Officeholder Committees Per Calendar Year Committee
Senate and Assembly
Contributor Sources
Any Source (Person, Small
Contributor Committee or Aggregate From All Sources
Political Party)
$4,900
$81,400
CaIPERS/CaISTRS
$4,900
$81,400
Lt. Governor, Secretary of State, Attorney General,
Treasurer, Controller, Supt. of Public Instruction,
Insurance Commissioner, and Board of Equalization
$8,100
$162,900
Governor
$32,600
$325,700
California Fair Political Practices Commission
California State Contribution Limits
(Effective January 1, 2025 - December 31, 2026)
The contribution limits are effective for elections held between January 1, 2025 and December 31, 2026. (Regulation 18545.) These limits do not apply to contributions made to elections in previous years. Such contributions are subject to the limits in place for that year see previous charts.
Legal Defense Funds
Contributions raised for a legal defense fund are not subject to contribution limits or the voluntary expenditure ceiling. However, a candidate or officeholder may raise, in total, no more than is reasonably necessary to cover attorney's fees and other legal costs related to the proceeding for which the fund is created. (Section 85304; Regulation 18530.4.)
Recall Elections
A state officeholder and city or county officeholder subject to Section 85301 (d) who is the subject of a recall may set up a separate committee to oppose the qualification of the recall measure and, if the recall petition qualifies, the recall election.
Neither contribution limits nor voluntary expenditure ceilings apply to the committee to oppose the recall that is controlled by the officeholder who is the target of the recall attempt. Candidates running to replace an officeholder who is the target of a recall are subject to the contribution limits and the expenditure limits applicable to the election for that office. (Section 85315; Regulation 18531.5.)
Ballot Measure Committees
Contributions to ballot measure committees controlled by a candidate for elective state office or a candidate for elective city or county office subject to Section 85301 (d) are not limited.
Contributions from State Candidates and Candidates subject to Section 85301 (d)
A state candidate or candidate for elective city or county office subject to Section 85301 (d) may not contribute more than $5,900 to a committee controlled by another state candidate or candidate for elective city or county office subject to Section 85301 (d) This limit applies on a per election basis and includes, in the aggregate, contributions made from the candidate's personal funds and from campaign funds. (Section 85305; Regulation18535.) This limit does not apply to a committee controlled by a state candidate or a committee controlled by a candidate for elective city or county office subject to Section 85301 (d) to oppose their recall or their contributions made to a legal defense fund established by a candidate for elective state office or candidate for elective city or county office subject to Section 85301(d). It also does not apply to contributions made by a candidate for elective state office or a candidate for elective city or county office subject to Section 85301 (d) to a ballot measure committee controlled by another state candidate or candidate for elective city or county office subject to Section 85301 (d). Please note there are certain rules applicable to use of funds held by state officeholder committees (See Regulation 18531.62.)
Communications Identifying State Candidates
Any committee that makes a payment or a promise of payment totaling $50,000 or more for a communication that:
1. Clearly identifies a state candidate; but
2. Does not expressly advocate the election or defeat of the candidate; and
3. Is disseminated, broadcast, or otherwise published within 45 days of an election, may not receive a contribution from any single source of more than $49,000 in a calendar year if the communication is made at the behest of the candidate featured in the communication. (Section 85310.)
Officeholder Committees
Officeholder contributions must be cumulated (in full) with any other contributions from the same contributor(s) for any other future elective state office or elective city or county office subject to Section 85301 (d) for which the officeholder maintains a controlled committee during the term of office in which the contribution is received.
Contributions to candidates for future elections and to their officeholder account are cumulated for purposes of contribution limits. (Regulation 18531.62.)
Contributions from State Lobbyists
A state lobbyist may not contribute to a state officeholder's or candidate's committee if the lobbyist is registered to lobby the agency of the elected officer or the agency to which
the candidate is seeking election. The lobbyist also may not contribute to a local committee controlled by any such state candidate. (Section 85702; Regulation 18572.) In addition, effective January 1, 2015, lobbyists and lobbying firms may no longer take advantage of the $500 or less home/office fundraiser exception that is available to other individuals and entities. (Section 82015(f).) Local Elections
Many cities and counties have local contribution limits and other election rules. The FPPC posts local campaign ordinances that are provided to the FPPC on its website. Always check with your city or county about contribution limits for local elections and for the most up-to-date information. A state campaign contribution limit applies by default to city and county candidates when the city or county has not already enacted a law addressing a local contribution limit on such candidates.
Definitions
Person: An individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, and any other organization or group of persons acting in concert. (Section 82047.) Small Contributor Committee: Any committee that meets all of the following criteria:
(a) The committee has been in existence for at
least six months.
(b) The committee receives contributions from 100
or more persons.
(c) No one person has contributed to the committee
more than $200 per calendar year.
(d) The committee makes contributions to five or
more candidates. (Section 85203; Regulation 18503.)
Political Party Committee: The state central committee
or county central committee of an organization that meets the requirements for recognition as a political party under Elections Code Section 5100. (Section85205.)
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ATTACHMENT 2
STATE OF CALIFORNIA
FAIR POLITICAL PRACTICES COMMISSION
AND
CAMPAIGN LAW ENFORCEMENT AGREEMENT
This agreement ("Agreement") is made and entered into this day of 20, by and between the State of California, acting by and through the Fair Political Practices Commission, ("FPPC") and the ("Local Agency").
Background
The Local Agency determined it is in its best interest to retain the services of the FPPC to provide for the enforcement and interpretation of campaign laws under the provisions of the Local Agency campaign ordinance ("Local Ordinance"), governing the elective Local Agency offices, as set forth with specificity in Exhibit D, Items 1 and 2.
The FPPC has the special skills, knowledge, experience, and expertise in the enforcement and interpretation of campaign laws necessary to effectively advise, investigate, audit, and otherwise assist the Local Agency on such matters. The FPPC's enforcement and interpretation of campaign laws under the provisions of the Local Ordinance is expressly authorized by California Government Code Section 83123.6.
The parties agree as follows:
Terms and Conditions
Exhibit A: Scope of Services
1. The FPPC agrees to provide the Local Agency with campaign law services for the impartial, effective administration, implementation, and enforcement of the Local Ordinance as dictated in paragraph 2.
2. Campaign Law Enforcement Services.
El Auditing
i. The FPPC will perform audits and investigations for each candidate, and his or her controlled committee, for elective Local Agency office for whom $2,000 or more in contributions were received or $2,000 in expenditures were made, whether by the candidate, a committees) controlled by the candidate, or committee primarily supporting the candidate.
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ii. The audit or investigation will cover all required campaign statements and for the primary and general election, or runoff, or special election for the following election time periods: January 1, 20_ through December 31, 20 . The audits may extend to include any transaction in connection with the election being audited or investigated. It will not include any statements or reports previously audited under Title 9 of the Government Code, Chapter 10, Sections 90001 or 90003.
iii. The FPPC will follow audit guidelines and standards as required under Government Code Section 90007.
® Enforcement
The FPPC agrees to serve as the civil and administrative prosecutor for violations of the Local Ordinance. The FPPC, at its sole discretion, may investigate possible violations and may commence civil and/or administrative actions in accordance with Title 9 of the Government Code, and Title 2, Division 3, Part 1, Chapter 5 (Administrative Adjudication), Sections 11500, et seq., of the Government Code. ® Campaign Compliance Assistance
The FPPC agrees to provide written and/or verbal assistance to candidates for elected Local Agency offices, and potential contributors in a Local Agency election, regarding the Local Ordinance upon the request of the candidate or potential contributor.
0 Campaign Compliance Training
0 At least once per election cycle, the FPPC will provide an in -person seminar to review the relevant process, procedures and rules for Local Agency electoral candidates.
p The FPPC will provide outreach to Local Agency electoral candidates.
The Local Agency will provide the FPPC with filed Form 501 campaign intention statements by the Local Agency electoral candidates to facilitate this outreach.
✓ Legal Review
Upon notification and request by the Local Agency, the FPPC will review any proposed changes to the Local Ordinance for compliance with the Political Reform Act prior to adoption by the Local Agency. (Required under Government Code Section 83123.6. subdivisions (b) and (c).)
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✓ Education and Training
The FPPC will provide an initial training workshop to the Local Agency regarding the conflict of interest provisions and/or Form 700 requirements under the Political Reform Act, as it applies to the Local Agency and its officials, employees, candidates for elected Local Agency offices, and/or lobbyists. (The Political Reform Act initial training workshop is not a charged service.)
3. The term of this Agreement is the two-year election cycle period: January 1, 20 through December 31, 20 . Services will commence on the beginning of this term, and for the elections held during this term, as indicated in paragraph (2)(A), above. Due to the nature of audits and investigations, some services may necessarily occur on dates after the stated election cycles. Services from prior contract will continue as previously determined until completed.
4. The Local Agency agrees to provide the FPPC with a resolution, motion, order, or ordinance of the governing body, which authorizes execution of this Agreement, and indicating the individual who is authorized to sign the Agreement on behalf of the Local Agency.
5. The Local Agency must consult with the FPPC prior to adopting or amending the Local Ordinance. The Local Ordinance must comply with Title 9 of the Government Code. (Government Code Section 83123.6, subdivision (b) and (c).)
6. The Contract Coordinators for this Agreement are:
Fair Political Practices Commission Agency:
Loressa Hon, Chief of Administration Name/Title:
1102 Q Street, Suite 3050 Address:
Sacramento, CA 95814 City/Zip:
916-322-5660 Phone:
[email protected] Email:
Communications regarding this Agreement will be addressed to the Contract Coordinators unless otherwise indicated in the Agreement. Each party will update the contact information for the Contract Coordinator within 30 days of any changes.
Exhibit B: Budget Details and Payment Provisions
1. Full Cost Recovery Agreement.
In accordance with the state full cost recovery policy, the Local Agency agrees to reimburse the FPPC for its full direct and its indirect costs incurred in performing the www.fppc.ca.gov
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services. The full cost of goods or services includes all costs attributable directly to the activity plus a fair share of indirect costs which can be ascribed reasonably to the good or service provided. (State Administrative Manual, Section 8752.). If the Local Agency terminates the agreement, it agrees to pay the FPPC for any other expenditures reasonably made by the FPPC in anticipation of services to be rendered pursuant to this Agreement (Gov. Code Section 83123.6 (d)(2))
2. Invoicing and Payment.
The FPPC will provide the Local Agency with an itemized quarterly invoice detailing all FPPC service hours and costs for the administration, implementation, and enforcement of the Local Ordinance under this Agreement, along with any billing statement for payments due under the Agreement.
Quarterly itemized invoices and billing statements will be submitted to:
Agency:
Office:
Name/Title:
Address:
The Local Agency agrees to pay the FPPC within thirty (30) days of the date of each quarterly invoice and billing statement.
3. Advance Payment.
A. The Local Agency agrees to pay an advance payment of [$55,000 or adjusted amountl to the FPPC for costs to be incurred in performance of this Agreement. The Local Agency agrees to make this advance payment at the beginning of each year of the contract term.
B. Except for extraordinary costs and expenses, no advance notification is necessary for services provided for each year of the contract. The FPPC will track its expenditures made in anticipation of services to be rendered, and its services provided, and will bill first to the advance payment. Upon depletion of the advance payment, the Local Agency will pay additional reimbursement sums, if any, upon receipt of a billing statement from the FPPC.
4. Rates and Costs for Services.
A. Budget Detail.
The FPPC will bill for its services at the rates set forth below. These rates include the FPPC's direct and indirect costs related to these positions. www.fppc.ca.gov
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Classification
Attorney
Paralegal
Investigator
Program Specialist (Auditor)
Political Reform Consultant (Research Analyst)
Executive/Supervisory Staff
Administrative Staff
Rate per hour
$220.00
$205.00
$125.00
$195.00
$195.00
$220.00
$195.00
The rates reflect the Attorney General's Office, Bulletin 17-09, and the Department of General Services Price Book, 2018-19. The Executive/Supervisory Staff and Administrative Staff rates are calculated using comparable rates from the Price Book and internal calculations in compliance with the state full cost recovery policy.
B. Necessary Changes to Rates.
In the event that the state hourly rates increase, or the state reimbursement rates increase, the Local Agency agrees to pay the appropriate increased rate applied as of the effective date of the rate increase. It is understood by both parties that no advance written notification is necessary prior to implementing the increased rates. In the event that the FPPC determines that the above hourly rates do not result in a full cost recovery for services provided in accordance with state policy, it will notify the Contract Coordinator for the Local Agency and retroactively apply the appropriate rates, after consultation with the Local Agency, to ensure the FPPC maintains the required full cost recovery.
C. Ordinary and Extraordinary Costs and Expenses.
The FPPC will bill its actual costs for ordinary costs and expenses directly related to the services provided. Ordinary costs and expenses are limited to:
1. Court fees, including filing fees, judicial officer fees, deposition fees, transcript fees, and process serving fees.
2. Administrative fees, including administrative officer fees, administrative law judge fees, hearing fees, transcript fees, and process serving fees.
3. Travel, lodging, and meals pursuant to state reimbursement rates as necessary for FPPC officers, employees, contractors, agents, and volunteers.
4. Telephone charges, postage, photocopying/document reproduction costs, and damage to property repaired or replaced at state expense.
5. Research service fees necessary to perform services. www.fppc.ca.gov
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Prior Approval Required.
The FPPC will bill its actual costs for extraordinary costs and expenses only upon prior approval by the Local Agency Counsel. Extraordinary costs and expenses include, but are not limited to:
1. Fees for third -party consultants, investigators, and experts including their travel, lodging, and meals.
2. Travel, lodging, and meals for witnesses.
5. Total Cost of the Agreement.
The parties anticipate that the total amount of this Agreement will not exceed [$400,000 or adjusted amountl, with an estimated budget of [$200,000 or adjusted amountl per year.
In the event this contract is canceled or is not renewed, the FPPC will provide an estimate of remaining hours necessary to complete the services already in progress, or required by this Agreement, to be billed at the hourly rate, and the services may be completed upon mutual agreement.
Exhibit C: General Terms and Conditions
1. APPROVAL. This Agreement is of no force or effect until signed by both parties. In addition, pursuant to Government Code Section 83123.6, subdivision (d), the FPPC may approve this Agreement at the earliest of 90 days after its submission to the Department of General Services ("DGS"), or after receiving DGS's written review, whichever occurs first.
2. STATE AUDIT OF THIS AGREEMENT. The Local Agency agrees that the State of California, including but not limited to, the Department of General Services, the Bureau of State Audits, or their designated representative, shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Agreement. The Local Agency agrees to maintain records and supporting documentation for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated by the parties or required by the Bureau of State Audits. The Local Agency agrees to allow the auditor(s) access to records and supporting documentation during normal business hours and to allow interviews of any employees who might reasonably have information related to the records. Furthermore, the Local Agency agrees that the State of California has the same right to audit records and interview staff in any subcontract related to the performance of this Agreement. (Government Code Section 8546.7.) The FPPC will not bill the Local Agency for its time or costs related to a State Audit by the Department of General Services, Bureau of State Audits.
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Agreement that is not disposed within a reasonable period of time (ten days) by the parties normally responsible for the administration of this Agreement shall be brought to the attention of the Contract Coordinators for joint resolution. The parties shall continue their responsibilities during any dispute.
4. INDEMNIFICATION. Pursuant to Government Code Section 895.4 and except as provided below, the Local Agency agrees to indemnify, defend (with counsel approved by the FPPC General Counsel), and hold harmless the FPPC and its authorized officers, employees, contractors, agents, and volunteers from any and all claims, actions, losses, damages, and liability arising out of the performance of this Agreement, or from the enforcement or interpretation of any provision of the Local Ordinance, from any cause whatsoever, including the acts, errors, or omissions of any person and for any costs or expenses incurred by the FPPC on account of any claim except where such indemnification is prohibited by law.
The FPPC shall indemnify, hold harmless, and defend the Local Agency and its authorized officers, employees, contractors, agents, and volunteers from any and all claims, actions, losses, damages, and liability arising from the FPPC's sole negligence or willful misconduct relating to obligations under this Agreement.
5. AMENDMENT. This Agreement may be amended by written mutual consent of the parties. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated in the Agreement is binding on any of the parties.
6. CANCELLATION. This Agreement may by canceled by either party, at any time, by ordinance or resolution and with an effective date of 90 days after notice is provided by the cancelling party, or other mutually agreed upon date. Notice of the cancellation shall be provided to the Contract Coordinators. In the event this Agreement is canceled by the Local Agency, the FPPC may require the Local Agency to pay for services rendered and any other expenditures reasonably made by the FPPC in anticipation of services to be rendered pursuant to the Agreement.
7. REPORT TO THE LEGISLATURE. Within thirty (30) of receipt of a written request by the FPPC, the Local Agency will provide the FPPC with items necessary for its report to the Legislature pursuant to Section 83213.6, subdivision (h), including its estimated annual cost savings, annual performance metrics, and relevant public comments submitted to the Local Agency.
Exhibit D: Special Terms
1. Local Ordinance.
The Local Ordinance subject to this Agreement consists of the following, with any noticed subsequent amendments pursuant to Exhibit A, item 5:
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Name and citation to title, division, chapter, and sections (as necessary) [example: "Local Agency Ordinance, Title 1, Government and Administration, Division 2, Chapter 43, Campaign Finance Reform"]:
2. Local Agency Elective Offices.
The Local Agency elective offices subject to the Local Ordinance and this Agreement are:
[examples: "Supervisor
Auditor-Controller/Treasurer/Tax Collector
District Attorney
Sheriff/Coroner/Public Administrator
Local Agency Superintendent of Schools
Local Agency Assessor -Recorder -Local Agency Clerk"]:
Fair Political Practices Commission
Executive Director
Local Agency
[Name, Title ex: Mayor/Chair of
Council/Board of Supervisors]:
Date: Date:
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ATTACHMENT 3
Fair Political Practices Commission
Contribution Limits: City and County Candidates
Introduction
Pursuant to Assembly Bill 571 (Stats. 2019, Ch. 556, AB 571 Mullin), beginning January 1, 2021 a state campaign contribution limit will by default apply to city and county candidates when the city or county has not already enacted a contribution limit on such candidates. Along with the new campaign contribution limit, there are also other related provisions that formerly applied only to state level candidates that will now apply to city and county candidates. Please note that none of the provisions of AB 571 discussed in this fact sheet apply to candidates in cities or counties for which the city or county has enacted campaign contribution limits.
Current State Contribution Limit
The contribution limit that will now apply to city and county candidates pursuant to AB 571 is updated biennially for inflation. Contribution limits can be found in Regulation 18545(a)2 and on the FPPC website's FPPC Regulations page. The default limit for contributions to city and county candidates subject to AB 571 for 2025-2026 is set at $5,900 per election.
Other Provisions Affecting City and County Candidates
Several other provisions will now apply to city and county candidates in jurisdictions that have not enacted campaign contribution limits, including the following:
• A candidate may not make a contribution over the AB 571 limit to another candidate in jurisdictions subject to the AB 571 limit with limited exceptions related to recall elections, legal defense funds and candidate - controlled ballot measure committees. (See Regulation 18535 for more information.)
• A candidate that has qualified as a committee must establish a separate controlled committee and campaign bank account for each specific office. Candidates may not redesignate a committee for one election for another election.
• Candidates may transfer non -surplus campaign funds from one candidate - controlled committee to another committee controlled by the same candidate for a different office if the committee receiving the transfer is for an elective state, county or city office. However, contributions transferred must be attributed and transferred using the "last in, first out" or "first in, first out" accounting method and www.fppc.ca.gov
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shall not exceed the applicable contribution limit per contributor. If a candidate is seeking to transfer campaign funds from one controlled committee to another for the same office a candidate may carry over non -surplus campaign funds raised in connection with one election to pay for campaign expenditures incurred in connection with a subsequent election for the same office without attributing or using the "last in, first out" or "first in, first out" accounting method. (See Regulation 18536 for more information on the transfer and attribution of contributions and See Regulation 18537.1 for more information on carryover of contributions.)'
• Candidates may not personally loan to a candidate's campaign an amount for which the outstanding balance exceeds $100,000. "Campaign" includes both the primary and general, or special and special runoff, elections. However, a candidate may loan each committee for a different office or term of office up to $100,000. A candidate may not charge interest on any such loan the candidate made to the candidate's campaign. (See Regulation 18530.8 for more information.)
• Candidates may establish a committee to oppose the qualification of a recall measure and the recall election when the candidate receives a notice of intent to recall. Campaign funds raised to oppose the qualification of a recall measure and/or the recall election would not be subject to any campaign contribution limit under the Act. (See Regulation 18531.5 for more information.) • A candidate for local office may open a candidate -controlled general purpose ballot measure committee to oppose or support a measure being voted on. The committee must identify on its campaign statements and reports each measure for which an expenditure of $100 or more is made. (See Regulations 18421.8 and 18521.5 for more information.)
• Contributions after the date of the election may be accepted to the extent contributions do not exceed net debts outstanding from the election, and contributions do not otherwise exceed applicable contribution limits for that election. (See Regulation 18531.64 for more information.) 1 This fact sheet is informational only and contains only highlights of selected provisions of the law. It does not carry the weight of the law. For further information, consult the Political Reform Act and its corresponding regulations, advice letters, and opinions. 2 The Political Reform Act is contained in Government Code Sections 81000 through 91014. All statutory references are to the Government Code, unless otherwise indicated. The regulations of the Fair Political Practices Commission are contained in Sections 18110 through 18997 of Title 2 of the California Code of Regulations. All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated)
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• Candidates are permitted to raise contributions for a general election before the primary election and may establish separate campaign contribution accounts for the primary and general so long as candidates set aside contributions and use them for the general or special general election as raised. If the candidate is defeated in the primary election or otherwise withdraws from the general election, the general election funds must be refunded to contributors on a pro rata basis less any expenses associated with the raising and administration of the general election contributions. (See Regulation 18531.2 for more information.) • Candidates that are currently in office that are running for reelection to the same seat in an election after January 1, 2021 may carry over campaign funds without attribution as mentioned above. Candidates running for a different office also do not need to do LIFO FIFO or attribution for the election immediately subsequent to the election prior to 2021 for which the money was raised. • Candidates must disclose cumulative totals of contributions received or made for each election on campaign statements. (See Regulation 18421.4 for more information.)
FAQs
A. If a city or county does not currently have contribution limits set within their ordinance would the state contribution limit be the default? Yes. The state contribution limit stated above would be the default contribution limit if the city or county ordinance is silent on whether there are contribution limits within that jurisdiction or if there is no city or county ordinance in place.
B. Is there a way for a city or county to adopt "no" contribution limits for city or county elective city and county offices?
Yes. A city or county may elect to have "no" contribution limits. To do so, it must explicitly state in the city or county ordinance that there are no limits on contributions. If it is explicit that the city or county has implemented "no" contribution limits, the state contribution limit will not apply as a default for that jurisdiction.
C. Can a city or county ordinance be less restrictive than the AB 571 limit (e.g., the city or county limit is set higher than the state limit)? Yes. A city or county can set contribution limits higher than the default state limit. www.fppc.ca.gov
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D. If a city or county imposes contribution limits, is the Commission responsible for enforcing those limits?
No. The Commission will not regulate the administration or enforcement of the penalties. Cities or counties with existing limits or that adopt their own limits are not subject to the state limit and may impose their own penalties for violations.
E. If a city or county has voluntary contribution limits, but no mandatory contribution limits will the state limit be applicable? Yes. A city or county must enact mandatory contribution limits to avoid the state limit applying to elective city and county offices.
F. Does the default contribution limit also include judicial candidates? No. Elective city and county offices do not include judicial offices.
G. If a city or county has imposed contribution limits for particular city or county offices (e.g., Board of Supervisors), do those limits also apply to other positions such as the District Attorney or would the default state limit apply if a particular position is not specifically addressed by the city or county? The default state limit would apply to other positions for which the city or county has not set contribution limits. A city or county ordinance must explicitly state the city or county contribution limits and for which elective offices those limits will apply. A city or county may adopt a general provision implementing a contribution limit for all elective city and county offices in that jurisdiction. As noted above, a city or county may also adopt an ordinance that states the city or county is adopting no contribution limits for any offices to avoid the default state limit applying.
H. Does AB 571 apply to special district or school district elections? No. AB 571 applies only to city and county elections for offices that a city or county has not implemented its own contribution limit.
I. Does AB 571 apply to the office of County Superintendent of Schools or the office of County Board of Education?
AB 571 does apply to the office of County Superintendent of Schools because it is considered a "county" office. However, the office of County Board of Education is not subject to AB 571 because it's not considered a "county" position.
J. Can candidates that are subject to the AB 571 contribution limit open an officeholder committee?
No. Officeholder committees are not permitted for candidates subject to the AB www.fppc.ca.gov
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571 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.
K. Does the AB 571 contribution limit apply to debt retirement for the 2020 election?
No. For purposes of retiring debt, the contribution limit is the one that was applicable to that election. The Act did not impose a contribution limit on city and county candidates in 2020.
L. If a contribution was received for an election occurring after January 1, 2021, PRIOR to January 1, 2021, does this contribution count towards the new AB 571 contribution limit after January 1, 2021?
No. The Commission adopted a formal opinion on April 15, 2021 that states contributions made prior to the effective date of AB 571 are not aggregated with contributions made on or after the effective date of AB 571 for purposes of the new contribution limit. Therefore, if someone contributed up to or above the current limit to an AB 571 committee prior to January 1, 2021 the same person can give additional contributions to the same committee up to the AB 571 contribution limit on or after January 1, 2021.
M. If a contributor gave $10,000 in 2020 (prior to the AB 571 limit going into effect) to a committee for a 2022 primary election, what happens? The AB 571 contribution limit does not apply to contributions made prior to January 1, 2021 so a contribution of this amount is permissible.
N. Does the AB 571 contribution limit apply to political party committees and small contributor committees making contributions to candidates subject to the AB 571 limit?
Yes. Political parties and small contributor committees are only permitted to give contributions to candidates subject to the AB 571 in amounts up to the applicable AB 571 contribution limit for that candidate.
O. Does the AB 571 limit apply to county central committee candidates? No. AB 571 imposes a contribution limit on city and county elective offices when a local jurisdiction has not already done so. Local jurisdictions are prohibited from placing contribution limits on county central committee candidates; therefore, AB 571 is not applicable to those offices.
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P. If an election was held in November 2024, but resulted in the need for a run-off election to be held in February 2025, how would the contributions be treated under AB 571?
The run-off election is considered a new election. If a contributor gave up to $5,500 (the 2023-2024 AB 571 limit) to an AB 571 candidate for the November 2024 election, the same contributor would be permitted to contribute up to $5,900 (the 2025-2026 AB 571 limit) to the same candidate for the February 2025 run-off election.
Q. An AB 571 candidate for city council would like to send out a request for contributions to their constituents. Do they need to include anything specific in the request?
Yes. A candidate that is subject to AB 571 must have the following information in the solicitation: the name of the controlled committee soliciting contributions, and the specific office for which those contributions will be used.
R. If an AB 571 candidate is the subject of a recall, is their committee to oppose the recall subject to contribution limits?
No. There are no contribution limits for a committee controlled by a candidate that is the subject of a recall that is formed to oppose the recall.
S. An AB 571 candidate has debts for an election held after January 1, 2021, may the candidate terminate their committee?
No. If a candidate -controlled committee has outstanding debts for an election held after January 1, 2021, they may not terminate without resolving or paying off the debt. When the committee has no net debts outstanding, the committee must be terminated within 24 months after the earliest of the date the candidate is defeated, leaves office, or the term of office for which the committee was formed ends, or, for withdrawn candidates no later than 24 months after the election from which the candidate withdrew. Please see Regulation 18404.1 for more on termination requirements for committees subject to AB 571.
T. If a local jurisdiction, which is subject to AB 571, passes a local campaign contribution ordinance, are the candidates still subject to AB 571? No. They would no longer be subject to AB 571.
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Index of Regulations and Government Codes:
FPPC Regulations:
18404.1
18421.4
18421.8
18521
18521.5
18523.1
18530.2
18530.8
18531.2
18531.5
18531.61
18531.63
18531.64
18535
18536
18537.1
18545
18951
Government Code(s):
85301
85303
85304.5
85305
85306
85307
85315
85316
85317
85318
85702.5
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