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Litigation We’re Watching

Ted Cruz for Senate, et al. v. FEC (US Supreme Court Docket No. 21-12). On June 3, 2021, a three-judge panel of the United States District Court for the District of Columbia ruled that section 304 of the Bipartisan Campaign Reform Act (BCRA), which limits the repayment of candidate loans, is unconstitutional. On September 30, 2021, the US Supreme Court agreed to consider the case. California’s Political Reform Act has a similar loan limit which may be impacted by the final ruling when this case fully resolves.

News from Election and Ethics Agencies

Fair Political Practices Commission News – In response to the Governor’s approval of SB 686 in September 2021, the Fair Political Practices Commission has prepared draft Form 419. The law goes into effect on January 1, 2022. The Commission has prepared a Notice and plans to approve the draft form at its December Commission meeting. Form 419 enacts reporting requirements for specified Limited Liability Companies (LLCs) participating in California elections.

New Legislation

The following bills were signed by the Governor in the final weeks before the October 10th deadline, amending either the Elections Code or the Political Reform Act. – SB 35 – Modifies the current distance prohibiting electioneering and other prescribed political activities to within the 100 feet from the entrance to a building that contains a polling place, an elections official’s office, a satellite location, or from an outdoor voting area where a voter may cast their ballot or drop off a ballot, as specified. Extends the deadline for a candidate to submit tax returns to 88 days before the direct primary election.