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1®1® <br />BEST BEST & KRIEGER <br />ATTORNEYS AT LAW <br />MEMORANDUM <br />To: <br />PUBLIC AGENCY CLIENTS <br />From: <br />BEST BEST & KRIEGER, LLP <br />Date: <br />MAY 4, 2018 <br />Re: <br />MASS MAILING PROHIBITION AND EXCEPTIONS (SB 45) <br />Before entering the 2018 general election season, local public agencies should <br />be aware of SB 45 (ch. 827 stats 2017) and the changes it made to the Political Reform <br />Act's mass mailing rule. SB 45 went into effect on January 1, 2018, and added <br />Government Code sections 89002 and 89003 to the Political Reform Act. <br />Before the adoption of SB 45, the text of the Political Reform Act (the Act) <br />prohibited certain types of "mass mailings" sent at public expense. (Gov. Code <br />§ 89001.) However, details about which types of mass mailings that were, and were <br />not, prohibited by the Act were only identified in Fair Political Practices Commission <br />(FPPC) Regulation § 18901. <br />Now, with the adoption of SB 45, the Legislature has codified the FPPC's mass <br />mailing regulation in a statute. (Gov. Code § 89002.) But in addition to codifying the <br />FPPC's mass mailing regulation, SB 45 now also prohibits certain otherwise permitted <br />mass mailings within 60 days of an election where the mailing is sent by or on behalf of <br />a candidate whose name will appear on the ballot at that election. (Gov. Code § <br />89003.) An overview of which types of mass mailings are prohibited or permitted is <br />discussed below. <br />-I— <br />This product provided under the Public Policy & Ethics Group Program <br />93939.00001\31038038.3 <br />