Law:Title 5. Subversive Organization Registration Law (California)

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Contents

Chapter 1. Definitions And General Provisions

Ca Codes (corp:35000-35007) Corporations Code Section 35000-35007



35000. This title may be cited as the Subversive Organization Registration Law.


35001. This title is enacted in the exercise of the police power of this State for the protection of the public peace and safety by requiring the registration of subversive organizations which are conceived and exist for the purpose of undermining and eventually destroying the democratic form of government in this State and in the United States.


35002. As used in this title, "subversive organization" means every corporation, association, society, camp, group, bund, political party, assembly, and every body or organization composed of two or more persons or members, which comes within either or both of the following descriptions: (a) Which directly or indirectly advocates, advises, teaches, or practices, the duty, necessity, or propriety of controlling, conducting, seizing, or overthrowing the Government of the United States, of this State, or of any political subdivision thereof by force or violence. (b) Which is subject to foreign control as defined in Section 35003.


35003. An organization is "subject to foreign control" if it comes within either of the following descriptions: (a) It solicits or accepts financial contributions, loans, or support of any kind directly or indirectly from, or is affiliated directly or indirectly with, a foreign government or a political subdivision thereof, an agent, agency, or instrumentality of a foreign government or political subdivision thereof, a political party in a foreign country, or an international political organization. (b) Its policies, or any of them, are determined by or at the suggestion of, or in collaboration with, a foreign government or political subdivision thereof, an agent, agency, or instrumentality of a foreign government or a political subdivision thereof, a political party in a foreign country, or an international political organization.

35004. "Subversive organization" does not include any labor union or religious, fraternal, or patriotic organization, society, or association whose objectives and aims do not contemplate the overthrow of the Government of the United States, of this State, or of any political subdivision thereof by force or violence.


35005. This title imposes additional requirements upon corporations, associations, or organizations which are subversive organizations. Neither the fact that such a corporation, association, or organization was organized pursuant to law nor that its affairs and activities are in any respect regulated by law exempts it from complying with this title.


35006. The Secretary of State may adopt and promulgate such rules and regulations as may be necessary to carry out the provisions of this title, and may alter, amend, or repeal such rules and regulations.

35007. If any provision of this title, or the application thereof to any person, corporation, association, organization, or circumstances, is for any reason held invalid, ineffective, or unconstitutional by a court of competent jurisdiction, the remainder of this title, or the application of such provision to other persons, corporations, associations, organizations, or circumstances, shall not be affected thereby, and the Legislature hereby declares the severability of the several sections and provisions of this title, and that it would have enacted this title without the invalid provisions or the invalid applications, as the case may be, had such invalidity been apparent.


Chapter 2. Filing Information And Documents

Ca Codes (corp:35100-35105) Corporations Code Section 35100-35105



35100. Every subversive organization in existence on September 13, 1941, shall within 30 days after that date, and every subversive organization thereafter organized shall within 10 days after its organization, file with the Secretary of State, on such forms and in such detail as he may prescribe, the following information and documents: (a) A complete and detailed statement subscribed, under oath, by all of its officers, showing all of the following: (1) Its name and post-office address. (2) The names and addresses of all its branches, chapters, and affiliates. (3) The names, nationalities, and residence addresses of its officers and members, and the qualifications required for membership in it. (4) The nature and extent of its existing and proposed aims, purposes, and activities. (5) The times and places of its meetings. (6) The description and location of the real property and the kind, quantity, and quality of the personal property owned by it, its assets and liabilities, the methods for the financing of its activities, and the names and addresses of all persons, organizations, and other sources who or which have contributed money, property, literature, or other things of value to the organization or any of its branches, chapters, or affiliates for any of its purposes. (7) Such other information as the Secretary of State may from time to time require. (b) A true copy, certified by all of its officers, of all of the following: (1) Its charter, articles of association, or constitution, and its by-laws, rules, and regulations. (2) Its oath, affirmation, or pledge of membership, if any. (3) Each agreement, resolution, and other instrument or document relating to its organization, powers, and purposes and the powers and duties of its officers and members. (4) Each book, pamphlet, leaflet, or other printed, written, or illustrated matter directly or indirectly issued or distributed by it or in its behalf, or to or by its members with its knowledge, consent, or approval. (5) Such other documents as the Secretary of State may from time to time require. (c) A description of the uniforms, badges, insignia, or other means of identification prescribed by it, and worn or carried by its officers or members, or any of such officers or members. (d) In case it is subject to foreign control, a statement of the manner in which it is so subject.


35101. Every subversive organization shall within 10 days after any revision or amendment of, or other change with respect to, its charter, articles of association, constitution, by-laws, rules, regulations, oath, affirmation, or pledge of membership, or any part thereof, file with the Secretary of State a true copy certified by all of its officers of the revised, amended, or changed charter, articles of association, constitution, by-laws, rules, regulations, oath, affirmation, or pledge of membership, or part thereof.


35102. Every subversive organization shall within 10 days after a change has been made in its officers, or in its aims, purposes, activities, property holdings, or methods and sources of financing its activities, file with the Secretary of State a statement subscribed under oath by all of its officers showing the change.


35103. Every subversive organization shall at least once in each period of six months file with the Secretary of State a statement subscribed under oath by all of its officers showing the names and residence addresses of all persons who have been admitted to membership during that period or, if no members have been admitted during that period, a statement to that effect similarly subscribed.


35104. Every subversive organization shall within 10 days after the adoption thereof file with the Secretary of State, on such form and in such detail as he may prescribe, each resolution adopted, or the minutes of any meeting held by it, authorizing or providing for concerted action by its officers, members, or a part of its membership, to promote or prevent the passage of any act of legislation by any local, state, or federal legislative body, or to support or defeat any candidate for public office.


35105. All statements or documents filed with the Secretary of State under this title are public records and shall be open to public examination and inspection at all reasonable hours.


Chapter 3. Literature

Ca Codes (corp:35200) Corporations Code Section 35200



35200. Any subversive organization shall not send, deliver, mail, or transmit, or suffer or permit to be sent, delivered, mailed, or transmitted, to any person in this State who is not a member of the organization any anonymous letter, document, leaflet, or other written or printed matter. All letters, documents, leaflets, or other written or printed matter issued by a subversive organization which are intended to come to the attention of a person who is not a member of the organization shall bear the name of the organization and the names and residences of its officers.


Chapter 4. Offenses

Ca Codes (corp:35300-35302) Corporations Code Section 35300-35302



35300. Any subversive organization which violates any provision of this title is guilty of a felony punishable by fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000). Any such violation constitutes a separate and distinct offense for each day, or part thereof, during which it is continued.


35301. Any officer or member of the board of directors, board of trustees, executive committee, or other similar governing body of a subversive organization who violates any provision of this title, or permits or acquiesces in the violation of any provision of this title by the organization is guilty of a felony punishable by fine of not less than five hundred dollars ($500) nor more than ten thousand dollars ($10,000), or by imprisonment in a state prison, or by both.


35301. Any officer or member of the board of directors, board of trustees, executive committee, or other similar governing body of a subversive organization who violates any provision of this title, or permits or acquiesces in the violation of any provision of this title by the organization is guilty of a felony punishable by fine of not less than five hundred dollars ($500) nor more than ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by both that fine and imprisonment.

35302. Any person who becomes or remains a member of any subversive organization, or attends a meeting thereof, with knowledge that the organization has failed to comply with any provision of this title, is guilty of a misdemeanor punishable by fine of not less than twenty dollars ($20) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for not less than 10 days nor more than one year, or by both.


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