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It appears increasingly likely that California Governor Gavin Newsom will face a recall election, leading to questions about how to support or oppose his removal.  The “recall” will actually consist of two ballots, voted at the same election—a vote on whether to recall Newsom and a vote for his replacement if the recall passes.  Potential contributors may be surprised to learn that the state’s contribution limits apply differently to groups supporting or opposing the recall vote than to candidates seeking to replace Newsom.
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Continue Reading California Recall Contribution Limits Would Vary for Newsom and Replacement Candidates

Nonprofits that are active in California politics, already facing one of the most complex regulatory environments in the country, now have another thing to worry about: the state’s Attorney General.  In remarks Wednesday, Attorney General Xavier Becerra announced his intent to pursue nonprofit organizations that he believes “abuse” their nonprofit status for political purposes.  With…

California has existing regulations that define when expenditures by outside groups, including super PACs, are coordinated with candidates and become illegal contributions to those campaigns.  These rules create a presumption of coordination under certain circumstances.  Yesterday, the Fair Political Practices Commission (“FPPC”) approved revisions to its rules on independent expenditures and coordination that expand the…

Earlier this year we predicted that battles over the definition of “coordination” and Super PAC “independence” would play a significant role in the development of campaign finance law in the coming years.   In keeping with that forecast, last week, the California Fair Political Practices Commission for the first time fined a Super PAC for allegedly…