Chapter Infinity: The Rules & Resources (Appendix)
Official Source: Appendix - About the Political Reform Act/How to Get Help
Introduction
You have reached the end of the guide. This final section explains the legal foundation of everything you just read, who is watching you, and what happens if you break the rules.
The Political Reform Act (the "Act") was not passed by politicians. It was passed by California voters in 1974. Its primary goal is simple: Truthful and accurate disclosure. Voters have a right to know who is funding the campaigns asking for their vote.
Part A: Who is the FPPC?
The Fair Political Practices Commission (FPPC) is the independent, non-partisan state agency that acts as the referee for California politics.
Structure:
- Commissioners: There are five commissioners. The Chair is full-time, and the other four are part-time. To ensure fairness, they are appointed by different officials (Governor, Controller, Attorney General, Secretary of State) and no more than three can be from the same political party.
- Divisions:
- Legal: Interprets the law and writes regulations.
- Enforcement: Investigates and prosecutes violations.
- Executive/Admin: Runs the daily operations.
Part B: The Hierarchy of Rules
When you hear lawyers talk about "The Act" versus "Regulations," here is the difference:
- The Statute (Government Code 81000-91014): This is the actual law passed by voters and the Legislature. It is the highest authority.
- The Regulations (Title 2, Division 6): These are the detailed rules written by the FPPC to interpret the law. If the law says "report contributions," the regulations explain exactly how to report a crypto donation.
- Opinions & Advice: The FPPC issues official opinions and advice letters to specific questions. These help clarify gray areas.
Part C: Enforcement (The "Scary Part")
What happens if you ignore the rules in this manual? It is not just a slap on the wrist. Multiple agencies have the power to come after you.
1. Who Can Prosecute You?
- FPPC Enforcement Division: Handles administrative fines and penalties.
- Attorney General: Can handle criminal or civil prosecutions.
- District Attorneys: Can prosecute criminal misdemeanors in their county.
- City Attorneys: Can prosecute violations in charter cities.
- Filing Officers: Can levy late fines ($10/day) for missing reports.
2. The Penalties
- Administrative Fines: Up to $5,000 per violation. (Note: If you miss reporting five contributions, that could count as five separate violations).
- Criminal Charges: Violations can be charged as misdemeanors.
- Civil Lawsuits: You can be sued in civil court for violations.
- Late Fees: If you file late, you pay cash penalties to the filing officer (Secretary of State).
Part D: Privacy Notice (Everything is Public)
This is a critical warning for you and your donors.
- Public Record: Every form you file (Form 410, 460, 501, etc.) is a public record.
- No Redaction: Addresses, employer names, and financial details are open to inspection by the press, your opponents, and the general public.
- Mandatory: You cannot choose to withhold information because of privacy concerns. Failure to provide required info is a violation of the Act.
Part E: How to Get Help
The FPPC wants you to comply. They offer resources to help you follow the law before you get in trouble.
Contact the FPPC:
- Email Advice: [email protected] (Best for specific questions).
- Telephone Advice: 1-866-ASK-FPPC (1-866-275-3772).
- Website: www.fppc.ca.gov (Contains all forms, manuals, and webinar schedules).
Privacy Questions:
If you have questions specifically about the privacy of your data, you can contact the General Counsel at the FPPC headquarters in Sacramento.
Final Thoughts for the Grassroots Campaigner
- Read the Manuals: You are doing that right now.
- Ask Questions Early: If you are unsure if an expense is legal, email the FPPC before you spend the money. They do not give advice on past conduct, only future actions.
- Keep Clean Records: The best defense against an audit is a paper trail for every single dollar.