FPPC details Streamline eligibility and penalty tiers for common campaign violations

Senior Commission Counsel Theresa Gilbertson and Commission Counsel Jonathan Rivera presented Part 2 of a multipart briefing on the FPPC Streamline program, drilling down into how the office applies eligibility factors and penalty tiers to specific campaign violations.

Gilbertson said each violation category has defined eligibility factors that guide whether a case receives a warning letter, a prep offer, a tier 1 or tier 2 streamline stipulation, or must go to a mainline stipulation. Examples covered included late campaign statements, unreported contributions or expenditures, committee-naming errors, advertising disclaimers and placement, cash contributions of $100 or more, campaign bank‑account use, recordkeeping, contribution‑limit breaches, and late behested‑payment reports.

Why it matters: Streamline is the FPPC’s process for resolving lower‑complexity cases faster and more predictably. Staff said the program balances educating first‑time offenders with proportionate penalties for more significant or repeated violations.

Illustrative points and thresholds explained to the commission - Late campaign statements: staff walked commissioners through three hypotheticals showing outcomes from warning letters to tier 2 stipulations. Staff described that for a small local candidate the commission may issue a warning letter for minimal late activity, while larger late disclosures or delayed compliance after enforcement contact can lead to tier 2 penalties. Staff described base penalty figures (examples: $200 base for many late statements) and scaling by percent of unreported activity in streamlined offers. - Prep program and warnings: staff said certain eligible respondents can be offered the prep (educational) option in lieu of a penalty; participation generally results in a no‑action closure rather than a record of enforcement. - Advertising and disclaimers: staff highlighted that advertising rules are detail‑sensitive (font, size, placement and specific disclaimer types). Missing required disclaimers on paid mailers or internet ads can raise the case to tier 2 depending on the number and severity of errors and the ad buy amount. - Cash and bank-account violations: staff noted cash violations can be eligible for tier 1 when records support the reported source of cash, but personal use of campaign funds or insufficient records will remove streamlining eligibility. Campaign bank‑account misuse is treated with thresholds by dollar and percentage and may be eligible for tier 1 where activity outside accounts is limited and properly disclosed. - Behested‑payment reports: staff walked through thresholds and exclusions for late behested payments; larger late reports can trigger tier 2 outcomes.

Commissioner and staff exchanges: commissioners asked about program length, penalty calculations and whether respondents can opt for prep in borderline cases. Executive Director West and staff clarified that prep courses vary by audience and that staff will generally accept requests for prep where appropriate; staff said some prep modules run roughly three hours and that tier calculations are set out in the streamline regulation.

Ending: Staff said the Streamline trilogy will conclude at the next commission meeting with remaining violation types and the ethics‑related Streamline criteria, and that the program aims to expedite low‑complexity enforcement while encouraging compliance education.