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Litigation We’re Watching

Ted Cruz for Senate, et al. v. FEC (D.D.C. 1:19-cv-00908). 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. 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 – The FPPC’s Digital Transparency Task Force has recommended that the State of California create an archive of digital political advertising for state-level election. Press release

New Legislation

SB 459 – Amended July 6, 2021 – This bill was amended again to: Take effect one year after the Secretary of State certifies CARS, or January 1, 2023, whichever is later. Removes monthly reporting requirements, and instead implements additional lobbying reports during the 60-day period before the Legislature adjourns for the year. Lobbyist employers and $5,000 filers will have a report due within 24 hours of retaining a lobbying firm to influence legislative action during those 60 days. In addition, a supplemental report is due within 24 hours of engaging in direct communication with an elective state official, agency official, or legislative official on behalf of that client for the purpose of influencing legislative action. Specifically define “advertisement” in new section 86119(h). Two small bills were signed into law in July amending the Elections Code. SB 590 extends any term of office that is set to expire in March or April 2022 until after the 2022 statewide primary election, if the next scheduled regular election for the office has been consolidated with the 2022 statewide primary election. AB 1591is an elections omnibus bill that makes various minor, technical, and corresponding changes to the Elections Code.