Untitled California Attorney General Opinion

BACKGROUND

The Fair Political Practices Commission administers and implements the Political Reform Act of 1974, which contains Government Code section 83105. 1 The Act, adopted as a voter initiative measure in the wake of the Watergate scandal, seeks to prevent political corruption by regulating lobbying, conflicts of interest, and campaign disclosures, among other things. 2 These concepts were not new in 1974, but voters determined that state and local authorities had inadequately enforced prior laws. 3 So the voters established an independent government body to oversee implementation and enforcement of the Act: the Fair Political Practices Commission.

The Commission comprises five appointees; the method of their appointment is designed to limit partisan influence by spreading appointments across political parties. 4 Voters entrusted the Commission with “primary responsibility for the impartial, effective administration and implementation” of the Act, to ensure that the Act would be “vigorously enforced.”

To that end, the Commission has extensive oversight powers. For example, the Commission may investigate possible violations, hold hearings, order penalties, and compel…