Laserfiche WebLink
1®0® <br />BEST BEST & KRIEGER � <br />ATTORNEYS AT LAW <br />To: <br />PUBLIC AGENCY CLIENTS <br />From: <br />BEST BEST & KRIEGER LLP <br />Date: <br />JUNE 29, 2018 <br />Re: <br />MASS MAILINGS <br />With the 2018 general election quickly approaching, local public agencies should <br />be mindful of mass mailing prohibitions as well as the exceptions thereto to avoid <br />violations of this peculiar law. The mass mailing restrictions are found in Government <br />Code sections 89001-89003. On January 1, 2018, SB 45 (ch. 827 stats 2017) went into <br />effect which added Government Code sections 89002 and 89003 to the Political Reform <br />Act. These sections not only codified the Fair Political Practices Commission's (FPPC) <br />pre-existing mass mailing regulations, but added prohibitions to otherwise permitted <br />mass mailings sent within 60 days of an election where the mailing is sent by or on <br />behalf of a candidate whose name will appear on the ballot at that election. (Gov. Code <br />§ 89003.) (The special election -related provisions of SB 45 are described in a memo <br />dated May 4, 2018 entitled "Mass Mailing Prohibitions and Exceptions (SB 45)." <br />The purpose of the mass mailing prohibitions is to ,prevent incumbent elected <br />officials from using taxpayer funds to promote themselves, which could unfairly benefit <br />the incumbent in upcoming election. <br />Elements of Prohibited Mass Mailings <br />Government Code section 89002(a) defines mass mailings as follows: <br />-1— <br />This product provided under the Public Policy & Ethics Group Program <br />93939,00000A31273460,1 <br />