Laws Concerning Solicitation of Campaign Funds in California

There are laws in the California Elections Code concerning the solicitation of campaign funds. These provisions are in Division 20, Chapter 3, Article 1. Section 20200 provides that a “person” includes a firm, association, corporation, campaign committee or organization.

Section 20201 makes it unlawful for any person that includes in any part of its name the name of any political party that was qualified to participate in the last preceding primary election, to directly or indirectly solicit funds for any purpose whatsoever upon the representation either express or implied that the funds are being solicited for the use of that political party unless specified conditions are met.

That person soliciting the funds must have previously obtained the written consent of one of the following:

• A member of the national committee from California or the majority of the members of the national committee if there are more than two national committee members from California
• The chairman of the state central committee, executive committee of the state central committee, or executive committee of the county central committee of the party whose name is being used in the county in which the solicitation is to be made.

All persons soliciting funds in accordance with this section are required to be furnished with adequate credentials bearing the name of the solicitor and a copy of the written consent that bears the signature of the person authorizing the solicitation.

Section 20202 makes it unlawful for any person who solicits funds for the purpose of supporting or promoting any candidates or committees to include in any part of its name the name of that candidate or committee unless that person had previously obtained the authorization of the candidate or committee or the candidate’s or committee’s designated agent to use the candidate’s or committee’s name in the name of that person.

Section 20203 provides that any person who solicits or receives contributions on behalf of any candidate or committee for the purported and exclusive use of that committee or the candidate’s election campaign and who is not authorized by the candidate or committee or the candidate’s or committee’s designated agent to do so, is required to include a notice in any fundraising communication that clearly and conspicuously states that the person is not authorized by the candidate or committee and that the candidate or committee is not responsible for the actions of that person.