The Alliance for Justice West Coast office has been monitoring, and in some cases weighing in on, a number of state and local legislative and regulatory matters that affect nonprofit advocacy across California.
Statewide Laws Affect Ballot Measure Campaigns this Year
Probably most significant was the passage of SB 27, which defines when a nonprofit spending money to influence California elections must register as a political committee, and the current development of the implementing regulations. Most media coverage around SB 27 focused on the “dark money” and public disclosure aspect of the law, but from AFJ’s perspective, the reason SB 27 is so important is that it will allow nonprofits engaging in advocacy in California to spend more money before having to register as a ballot measure committee. This is good news because the requirement to become a ballot measure committee, with all of the complex reporting such registration entails, often stood as a barrier to nonprofits who wish to share their views on state and local measures. Now, more nonprofits will be able to speak up on ballot measures without worrying about triggering complicated reporting requirements. Read more about SB 27.
In June, AFJ submitted preliminary comments to the Fair Political Practices Commission (FPPC)—the state agency that regulates political activity in California, including ballot measures—to share some concerns we had with their proposed regulations addressing SB 27. We submitted formal comments to the FPPC in advance of their July 17 meeting, where these regulations will be on the agenda. We are pleased to see that the FPPC has already made changes to the draft version of their regulations in response to objections raised by AFJ and others.
We will be releasing a fact sheet later this month explaining how nonprofits can benefit from the new law and hosting a call on Monday August 12th, 2014 from 10:00am-11:00am PST to discuss further what this law means for nonprofits. Register for the call HERE.
AB 800 was also passed and signed into law this year. This new law gives expanded investigatory and oversight power to the FPPC, by allowing the agency to begin investigations of political spenders before elections, in part so that voters will be able to make election-day decisions knowing who is funding various measures. You may remember that in 2012, in the battle around revenue-raising and anti-union ballot measures (Propositions 30 and 32), the FPPC sought disclosure by out-of-state donors who tried to conceal the true source of the funds they were raising. The groups involved ended up paying the largest fine in FPPC history. As noted by the Sacramento Bee, the California Political Attorneys Association opposed AB 800, due to concerns about due process protections for nonprofits. We will continue to monitor whether the new FPPC authority is invoked this election year.
Local Lobbying Disclosure
At the local level, AFJ weighed in with the San Francisco Board of Supervisors on a proposed change to the city and county’s lobbying disclosure laws, which we described on this blog. The changes originally would have required 501(c)(3) organizations to register as lobbyists if they had just a few communications with city officials. AFJ and other San Francisco advocates spoke up, sharing our concerns that imposing new registration and monthly reporting burdens could deter nonprofits from speaking up on behalf of their communities. The Board heard our concerns, voting unanimously to exempt 501(c)(3) organizations and smaller 501(c)(4) organizations from the registration requirements, showing that they recognize the importance of having nonprofits at the policy-making table.
San Francisco City Hall
We will continue to keep you informed about changes in the law that affect nonprofit advocacy in California and across the country. As you plan your 2014 activities, check out our Ballot Measure Toolkit and California Advocacy Resources.
