SB 408

Under current law, no person elected to state or local office who becomes a

candidate for national, state, or local office may use public funds for the cost of

materials or distribution for 50 or more pieces of substantially identical material

distributed after the following:

1. In the case of a candidate who is nominated by nomination papers, the first

day authorized by law for circulation of nomination papers as a candidate.

2. In the case of a candidate who is nominated at a primary election by write-in

votes, the day the board of canvassers issues its determination that the person is

nominated.

3. In the case of a candidate who is nominated at a caucus, the date of the

caucus.

4. In the case of any other candidate who is nominated solely by filing a

declaration of candidacy, the first day of the month preceding the month that

includes the last day for filing the declaration.

Under this bill, that 50-piece limitation applies to a representative to the

assembly who becomes a candidate at an election for partisan office only after the last

day authorized by law for filing nomination papers for that election. Additionally,

under the bill, with respect to any election for partisan office, a state senator,

regardless of whether the senator becomes a candidate at that election, may not use

public funds for the cost of materials or distribution for 150 or more pieces of

substantially identical material distributed after the last day authorized by law for

filing nomination papers for that election.

The bill establishes penalties for violation of all of the above requirements,

whether under current law or under the bill.

The bill also provides that all of the above requirements, whether under current

law or under the bill, do not apply during a state of emergency declared by the federal

government, the governor, or a local government with respect to any elective office

representing any part of the territory that is subject to the emergency declaration if

the materials distributed are substantially related to the emergency or a government

order issued in connection with the emergency.