By Isaac Nikssarian, Law Clerk
Noland, Hamerly, Etienne & Hoss
Isaac Nikssarian is a summer law clerk at Noland, Hamerly, Etienne & Hoss and a law student at Santa Clara University School of Law. A Monterey native, Isaac graduated from West Point and served 9 years on Active Duty in the U.S. Army. He is currently a Major in the U.S. Army Reserve.
It’s that time of the year when your local candidates will ask for a contribution to their campaign. The burning question in every office and dining room is “how much can I donate?”
California State and Local Offices:
- Cash Donations
In California, a “person” is defined as an individual, business entity, trust, or committee. The maximum donations in 2024 are:
| Office | Maximum Contribution |
| Governor, City, County, Senate and Assembly candidates | $36,400 per election |
| Lt. Governor, Secretary of State, Attorney General, Treasurer, Controller, Supt. of Public Instruction, Insurance Commissioner, and Board of Equalization | $9,100 per election |
| Senate and Assembly | $5,500 per election |
| City and County Candidates (if no locally enacted limit) | $5,500 per election |
| Committee (PAC), other than a Political Party, that contributes to State Candidates | $9,100 per calendar year |
| Political Party Account for State Candidates | $45,500 per calendar year |
| Small Contributor Committee | $200 per calendar year |
For married couples, each person can make their own contribution per candidate per election. The campaign will report the donor as the individual who signs the check and if two or more individuals sign the check, the contribution is divided equally between the signers. If the married couple [in our example named Mary and John Smith who are donating to a local candidate] has a joint account that requires the signatures of both spouses, each spouse can still contribute $5,500 by writing two checks for $5,500, but a note must be placed on the first check as follows: “donation from Mary Smith only.” The second check must contain a note that the donation is being made on behalf of John Smith only.
A candidate running for re-election can receive a contribution but only for that specific position and race.
A business owner cannot reimburse contributions made by employees.
California recently added further restrictions to locally elected officials by requiring campaigns to disclose prior contributions made by the same party to prevent “pay to play” or the expectation that the politician, if elected, will approve a permit or issue a license to the donor. A person is limited from contributing more than $250 to a candidate, officer, or agency for 12 months after a decision has been rendered regarding a donor’s license or permit.
Factors other than the limits above may influence the amount and permissibility of contributions to candidates, including contributions by affiliated individuals and entities, and lobbying and contracting activity.
- Non-Cash Donations.
Donations other than cash, such as hosting a house party, or allowing a candidate to use empty office space, can pose tricky issues. If you host a fundraiser, any cost up to $500 does not need to be reported. Any costs exceeding $500 will be considered a campaign contribution. If a landowner allows a candidate to use empty space without paying fair market rent, then the difference between what is paid, and the fair market value of the rental space is considered a non-monetary contribution which cannot exceed the $5,500 limit.
- Gift Limits
State and local officials and employees may not receive a gift or gifts totaling more than $590 in a calendar year.
Federal Offices.
Individuals, partnerships, trusts and LLCs contributing to candidates running for the House of Representatives, Senator, Vice-President or President, are governed by federal law and limited to donations of $3,300 per election. A primary, general, runoff and special election are considered separate elections. Federal campaigns must report contributions exceeding $200 or aggregating over $200 from the same source.
Consult your own lawyer before making any campaign contributions or contact the California Fair Political Practices Commission at 866-275-3772 or the Federal Election Commission at 800-424-9530.
This article is intended to address topics of general interest and should not be construed as legal advice. © 2024 Noland, Hamerly, Etienne, & Hoss