Candidate Handbook. City of Chico 411 Main Street Chico, CA City of Chico 2014 General Municipal Election

Transcription

1 City of Chico 2014 General Municipal Election Candidate Handbook City of Chico 411 Main Street Chico, CA

2 T a b l e o f C o n t e n t s General Information General Municipal Election 4 Eligibility 4 Candidate Filing Period 4 Candidate s Responsibilities 5 Election Calendar 6 Nomination Papers 7 Signatures 7 Circulator 7 Affidavit & Oath 7 Ballot Designation 7 Deadline to File 7 Signature Verification 8 Insufficient Nomination Papers 8 Candidate Statement 9 Candidate Statement Fee 9 Comparative Type Sizes Form Statement of Economic Interests 11 Code of Fair Campaign Practices Act 11 Absentee Ballots & Voter Mailing Lists/Labels 11 Federal Tax Filing Requirements 11 Mass Mailings & Literature Requirements 12 Government Code Identification Requirements 12 City Logo or Seal 12 Exceptions 12 Councilmember-Elect Protocol 16 Councilmember-Elect Regulations 16 Brown Act Requirements 16 Councilmember-Elect Post Election 17 Meeting Restrictions 17 Violations 17 Campaign Disclosure 18 Campaign Finance Filing Deadlines 19 FPPC Disclosure Requirements 20 Chico Campaign Disclosure Requirements 21 Who Gets What? 21 How to Get More Help from FPPC 22 Chico Municipal Code Section Election Resources 27 Campaign Signs 13 City Requirements 13 State Highway Requirements 14 City Information 15 Form of Government 15 City Council Meetings & Agendas 15 Number of Registered Voters 15

3 Welcome! Thank you so much for your interest in serving your community as a member of the City Council! If elected, you will be performing a valuable service for the citizens of Chico by addressing important community issues and ensuring efficient municipal service that is responsive to local needs and expectations. The City Manager and staff look forward to your successful nomination and election as a representative of this community. This guide is designed as an informational tool for prospective candidates interested in participating in the November 4, 2014 General Municipal Election where three (3) Councilmembers will be elected to four-year terms expiring in December As the Elections Official for the City of Chico, I am here to provide you with assistance during the nomination process. Please feel free to contact me at (530) anytime from 8:00 a.m. to 5:00 p.m. with election questions. I look forward to working closely with you during this election! Thank you for your desire and commitment to serve the City of Chico residents. Sincerely, Deborah R. Presson, MMC City Clerk & Elections Official 3

4 November 4, 2014 General Municipal Election The General Municipal Election will be held on Tuesday, November 4, Three (3) members of Council will be elected to terms expiring December The three 4-year terms expiring are those of incumbent Councilmembers Scott Gruendl, Mark Sorensen and Mary Goloff. Eligibility The City Charter provides that candidates for the City Council shall have the following qualifications at the time nomination papers are issued: Must be a resident of the City of Chico Must be 21-years old or older Must be a registered voter of the City of Chico at the time nomination papers are issued. The City Clerk s Office will verify this prior to issuing the nomination papers. Candidate Filing Period Candidates seeking elective city offices receive and file their nomination documents with the City of Chico City Clerk & Elections Official according to the following schedule: Candidate Filing Period July 14th August 8th Should an incumbent decide to not run for re-election. a five day extension is granted for any one other than an incumbent. Extension of Filing Period August 9th August 13th Since the City Clerk must forward nomination papers to the County Clerk s Office for certification, it is recommended that candidates not wait until the last day to submit their papers. 4

5 Candidate Responsibilities In order to be considered an official Candidate for the City of Chico General Municipal Election you must submit the following information within the established candidate filing period: Nomination Paper with not less than 20 nor more than 30 signatures of registered voters in the City of Chico. Ballot Designation Worksheet 2013/14 Statement of Economic Interests Form 700 Candidate s Statement of Qualifications 200 Words or less (voluntary) and applicable fees to cover cost of printing. Code of Fair Campaign Practices (voluntary) Upon submission of your completed paperwork to the City Clerk, your nomination paper will be forwarded to the Butte County Elections Office for verification of signatures. If twenty signatures are determined to be valid, the County Clerk will certify that you are a qualified candidate for the November 4, 2014 ballot. 5

6 City of Chico General Municipal Election Election Calendar November 4, 2014 July 14 Candidate Nomination Period opens and nomination papers become available. May be filed any time up until deadline of August 8th. July 31 Semi-Annual Campaign Disclosure Statements Due - FORM 460 (For period 1/01/14-6/30/14) August 6 August 8 August 9-13 August 14 October 6 Political Signs related to candidates are allowed 90-days prior to the election. See posting regulations for placement of signs. Last day to file nomination papers. Candidate s Statement, if filed, must be returned with nomination papers. Last day to withdraw any nomination papers previously filed. Last day to file Statement of Economic Interests. Extension of Candidate Filing Period for any person other than an incumbent should an incumbent decide to not run for re-election. Randomized Alphabet Drawing by the Secretary of the State. This determines the order in which candidate s names will be listed on the ballot. 1st CAMPAIGN DISCLOSURE FORM 460 Due Deadline to file first pre-election campaign statement for period 1/1/14-9/30/14 for new candidates or 7/1/14-9/30/14 for officeholders. August 6 CAMPAIGN DISCLOSURE Form Late Expenditure Reports - (due anytime during through period 10/21-11/5) must be filed by Fax, Telegram, Mailgram, Guaranteed overnight mail November 3 or delivered in person, within 24 hours of expending $1,000 or more for one particular (w/in 24 hrs) purpose. October 20 October 25 October 31 November 4 November 11 December 2 Last Day to Register to Vote in the November 4, 2014 election. 2nd CAMPAIGN DISCLOSURE FORM 460 Due Deadline to file second pre-election campaign statement for period 10/1/14-10/18/14. 3rd CAMPAIGN DISCLOSURE FORM 460 Due Deadline to file third pre-election campaign statement required by the CMC for period 10/19/14-10/30/14. Election Day polls open 7:00 a.m. to 8:00 p.m. Deadline for the removal of all political signs. City Council Meeting - Councilmembers Sworn In to Office. Meeting begins at 7:30 p.m. January 31 Semi-Annual Campaign Disclosure Statements Due - (For period 7/1/14-12/31/14) For candidates in 2014 election, filing period is from 10/31/14-12/31/14. 6

7 Nomination Papers Nomination papers are issued by the City Clerk in the name of a specific candidate. Since all nomination papers have to be signed and dated by the City Clerk when issued, candidates are encouraged to call to make an appointment. Signatures You must secure not less than 20 nor more than 30 signatures of registered voters in the City of Chico. Candidates may sign their own nomination paper. No registered voter may sign more than three nomination papers (the number of open Council seats), and if he/she does so, his/her signature will count on the first two nomination papers filed with the City Clerk. It is recommended that all 30 signatures be obtained in the event a signature is invalid. If your nomination paper does not have a minimum of 20 valid signatures, you will not qualify as a candidate. Please note: If an individual is registering to vote at the time of signing your nomination papers, please keep his or her registration card and submit it to the City Clerk at the time you return your nomination papers. The registration card will then be faxed to the County Elections Official in order for it to be considered when determining the sufficiency of your signatures. Circulator The candidate or any registered voter in the City may circulate the nomination paper, and thereafter will complete and sign the certificate of the circulator. Please note that there shall be only one circulator allowed for each nomination paper. Affidavit & Oath The candidate, upon filing of the nomination paper, will then be required to sign the Affidavit and Oath on the nomination paper in the presence of the City Clerk. Ballot Designation A candidate designates the manner in which his or her name and ballot designation are to appear on the ballot. Nicknames and shortened names may appear with legal names or initials. The designation listed after your name on the ballot cannot exceed three words. In deciding on the designation, please review carefully the information on the back page of the Ballot Designation Form which includes sections from Election Code Sections and and excerpts from the Secretary of State Ballot Designation Regulations. Designations are regulated by Election Code and cannot be changed by the candidate after the final date for filing nomination papers unless required by the Elections Official. A Ballot Designation Worksheet will be provided to you for assistance and must be returned when filing your nomination papers. Deadline to File Nomination papers must be returned to the City Clerk by the deadlines established. Please schedule an appointment with the City Clerk when returning your nomination papers at

8 Signature Verification Upon receipt of the candidate s nomination papers, the City Clerk will fax the document to the Butte County Elections Office for verification. Upon receipt, they will verify the signatures with voter registration cards on file and determine if each candidate has the required 20 signatures to qualify for the ballot. Nomination Papers Insufficient Nomination Papers Should a candidate s nomination papers be deemed insufficient, or if the candidate fails to obtain the minimum number of valid signatures on his or her nomination paper, the Elections Official shall retain the original nomination paper, provide a copy of the nomination paper to the candidate with an indication on which signatures are valid, and issue one supplemental petition to the candidate on which the candidate may collect additional signatures. The supplemental petition shall be filed not later than the last day for filing for that office. The form of the supplemental petition shall be the same as the nomination paper, except that the word Supplemental shall be inserted above the phrase Nomination Paper. 8

9 Candidate Statement Filing of the candidate s statement of qualifications is optional. However, if you decide to file this form, it must be returned at the same time you file your nomination paper. It may be withdrawn, but not changed, during the period for filing nomination papers. Please refer to the Elections Calendar for actual deadlines. Statements may not exceed 200 words and must be typed. Refer to the Candidate Statement Guidelines and the Word Count Standards on the reverse side of the Statement before preparing it. You may prepare your statement on a separate piece of paper and attach it to the form. In accordance with Election Code Section (b), the statement of each candidate shall be printed in type of uniform size and darkness, and with uniform spacing. Therefore, when preparing your Candidate Statement, do not underline, bold, CAPITALIZE or otherwise emphasize entire words, sentences, phrases or paragraphs. See the following page for comparative type font sizes. Candidate Statement Fee In accordance with the provisions of the Chico Municipal Code Section and the Election Code, all candidates wishing to include a Candidates Statement on the ballot must submit a fee up front to cover the printing costs of that statement. Should the actual cost be less than expected, a refund will be processed fat the time the City receives the final billing for the election costs from the County. The estimated fee for the 2014 General Municipal Election is: $ Due and payable when your Candidate Statement is submitted. If you decide not to file a Candidate Statement, please check the appropriate box at the bottom of the form, date and sign the statement and return it with your nomination paper. 9

10 Comparative Type Sizes Arial Font Statement Guidelines This is an example of 6 point type This is an example of 8 point type This is an example of 8 point bold type This is an example of 8 point italic type This is an example of 10 point type This is an example of 10 point bold type This is an example of 10 point italic type This is an example of 12 point type This is an example of 12 point bold type This is an example of 12 point italic type This is an example of 14 point type This is an example of 14 point bold type This is an example of 14 point italic type This is an example of 18 point type This is an example of 18 point bold type This is an example of 18 point italic type This is an example of 24 point type This is an example of 24 point bold type This is an example of 24 point italic type 10

11 700 Form - Statement of Economic Interests All candidates must file a Form 700 (Statement of Economic Interests) at the time the Nomination Papers are filed and no later than the final filing date. After reading the instructions in the Form 700 prepared by the Fair Political Practices Commission, candidates should complete the cover page by filling in their name, address and phone number at the top, and completing Sections 1, 2, and 3 on the first page of the form. Candidates should then complete the applicable schedules (if any), attach them to the cover page and sign it. Please return the completed Form 700 and all pertinent schedules to the City Clerk s office when you file your nomination papers. Code of Fair Campaign Practices Act It is voluntary on the part of each candidate to execute the Code of Fair Campaign Practices and return the form to the City Clerk with his or her nomination paper. The signed forms will be kept on file in the City Clerk s office. Absentee Ballot Applications & Voter Mailing Lists/Labels All inquiries concerning absentee ballots or absentee ballot application forms, as well as voter mailing lists or labels, should be directed to the Butte County Elections Department in Oroville at (or toll free from within Butte County: ) Federal Tax Filings Required for Local Candidates & Committees Any campaign committee that anticipates gross receipts of $25,000 or more in any taxable year must notify the Secretary of Treasury that it is a Section 527 Organization: and file an initial statement (Form 8871) and annual tax returns (Form POL). Details are found in 26 U.S.C.A. Section 527. The penalty for noncompliance is that otherwise exempt income becomes taxable! 11

12 NOTE... If two or more officeholders, candidates or committees pay an equal share of the cost of a mailing, it must identify at least one on the outside of the mailing and all must be identified on the inside. The FPPC does not regulate the content of mailings (i.e. false or misleading statements). The information discussed above is required under state law. Mass Mailings & Literature Requirements A copy of Section of the Government Code shall be provided by the Elections Official to each candidate or his or her agent at the time of filing the declaration of candidacy and to the proponents of a local initiative or referendum at the time of filing the petitions. Mass Mailing Requirements - Government Code (a) Except as provided in subdivision (b), no candidate or committee shall send a mass mailing unless the name, street address, and city of the candidate or committee are shown on the outside of each piece of mail in the mass mailing and on at least one of the inserts included within each piece of mail of the mailing in no less than 6-point type which shall be in a color or print which contrasts with the background so as to be easily legible. A post office box may be stated in lieu of a street address if the organization s address is a matter of public record with the Secretary of State. (b) If the sender of the mass mailing is a single candidate or committee, the name, street address, and city of the candidate or committee need only be shown on the outside of each piece of mail. (c) If the sender of a mass mailing is a controlled committee, the name of the person controlling the committee shall be included in addition to the information required by subdivision. Mass mailings are more than 200 substantially similar pieces of mail sent by an officeholder, candidate or committee in a calendar month. The sender of a mass mailing is the candidate or committee who pays for the largest portion of the mailing. It is a misdeamor crime for a City seal or logo to be used in any campaign literature. Identification Requirements The sender must be identified on the outside of the mailing in the following manner: 1. Name, Address & City. 2. No smaller than six point type. 3. Contrasting color or print style. 4. If it is a controlled committee, the name of the person controlling the committee. Exceptions The following information is not required to be included in the sender ID: Committee s identification number Name of treasurer or printer 5. P.O. Box may be used if street address is listed on the committee s Form 410 filed with the Secretary of State. 6. Must have the words Paid for by... immediately adjacent to and in front of committee name and address. 12

13 Campaign Signs City of Chico Requirements As election time nears, campaign signs will begin to appear throughout the City. However, if signs are posted illegally they are subject to removal by City work crews. Candidates and campaign workers must follow all posting regulations. Signs relating to candidates and political issues are allowed 90 days prior to the Tuesday, November 4, 2014 election or no earlier than August 6. All signs must be removed no later then seven days after the election. Signs may be posted only as follows: Political signs may not be placed on any public property, within any public right-of-way, or within any sight distance area. Such signs are authorized 90 days before elections and shall be removed within 7 days after an election. Political signs on residentially zoned property are limited to no more than four signs not exceeding 4 square feet of surface area per sign. (Chico Municipal Code C-7) The City s rules afford candidates ample opportunity to advertise their campaigns without obstructing the City right-of-way. You may place your political campaign signs beginning: August 6, 2014 And, you must remove all signs no later than: November 11,

14 It is unlawful to post signs on street signs or poles, street lighting poles, traffic signs or poles, or traffic signal or traffic control devices. Signs may not be attached to trees in any fashion. Also, it is against Public Utility Commission regulations to post signs on any utility pole. State Requirements - Political Signs As a candidate or campaign worker for either office or a ballot measure, this reminder about State law governing campaign signs should be helpful to you. Section of the State Outdoor Advertising Act exempts the placing of Temporary Political Signs from normal outdoor advertising display requirements. Should you place a political sign along a state highway, you must follow the guidelines established by the Department of Transportation. A Temporary Political Sign must meet the following criteria: Encourages a particular vote in a scheduled election. Is placed no sooner than 90 days prior to the schedule election and is removed within 10 days after that election. Is no larger than 32 square feet. Has filed a Statement of Responsibility with the Department certifying a person who will be responsible for removing the sign. (A copy of the form has been included in your nomination materials and once completed, must be filed with the Department of Transportation.) Temporary Political Signs shall not be placed within the right-of-way of any highway, or be visible within 660 feet from the edge of the right-of-way of a classified landscaped freeway. State law directs the Department of Transportation to remove unauthorized Temporary Political Signs and bill the responsible party for their removal. 14

15 General Information City of Chico The City of Chico is a charter city governed by a sevenmember city council elected at large to serve a four-year term. The Mayor and Vice Mayor are selected by majority vote of the Council and each serve in these positions for two years. Should a vacancy occur in either office, the Council appoints a successor to serve for the remainder of the unexpired term. If the Council cannot come to consensus regarding filling a Council vacancy, then a special election must be held. Chico has a Council-Manager form of government and under this form of government, the City Council, as the legislative body, is responsible for setting policies and providing overall direction for the City operation. As elected representatives, Councilmembers provide a direct link with residents and, consequently ensure the responsiveness of municipal activities. Meetings The City Council meets in regular session at 6:30 p.m. on the first and third Tuesday of each month, and at such other times as it may determine. Meetings are held in the Council Chamber Building of the Chico Municipal Center, and all meetings are open to the public. Closed Sessions, when required, usually start at 6:00 p.m. in Conference Room 2. but can be held anytime with proper notice. Meetings may be watched on Comcast Cable - Channel 11 or via streaming video through the City s website. Citizens can access this service by going to Minutes and Agendas on the website, View Meetings Online. Agendas In accordance with the Brown Act, all City Council agendas are posted on the bulletin board outside the Council Chambers as well as on the City s website at Agendas are typically available six days in advance of the meeting. A public viewing copy is also available for review at the City Municipal Building at the third floor reception desk. Please contact the City Clerk s Office at if you have questions regarding the agenda process. You can access the full packet online at the website listed above. As of June 2014, the number of registered voters was reported to be 45,

16 Councilmember-Elect Regulations As defined by the Chico Municipal Code: Chapter 2.08 CITY COUNCIL 3 Section: Definitions Establishment of councilmanic rules of procedure, committees and fees Regulation of post-election meetings of councilmembers-elect Definitions. Unless the contrary is stated or clearly appears from the context, the definitions set forth in this section shall govern the construction of the words and phrases used in this chapter: A. Councilmember-Elect. The phrase councilmember-elect means any person who has been elected as a member of the city council at a general municipal election but who has not yet taken the oath of office. B. Post-Election Meeting of Councilmembers-Elect. The phrase post-election meeting of councilmembers-elect means any meeting of councilmembers subject to the provisions of The Ralph M. Brown Act (Section et seq. of the California Government Code), which: 1. Takes place following a general municipal election; 2. Is attended by four or more councilmembers-elect or any combination of four or more councilmembers-elect and incumbent councilmembers who will remain in office after such councilmembers-elect have taken the oath of office; and 3. Includes discussion of a matter which is pending before the city council or which is likely to be presented to the city council in the foreseeable future for a decision.(ord (part)) Brown Act Requirements Councilmember-Elect (Government Code Section ) pertains to the conduct of a member of a legislative body of a local agency. Any person elected to serve as a member of a legislative body who has not yet assumed the duties of office shall conform his or her conduct to the requirements of this chapter and shall be treated for purposes of enforcement of this chapter as if he or she has already assumed office. 16

17 Violations of Councilmember-Elect Post Election Meeting Requirements City of Chico Municipal Code Chapter 2.08 CITY COUNCIL 3 Section: Regulation of post-election meetings of councilmembers-elect. A. Meetings to be Open and Public. Every post-election meeting of councilmembers-elect shall be open and public and all persons shall be permitted to attend any such meeting. B. Notice of Meetings. Any person calling a post-election meeting of councilmembers-elect shall cause a written notice of the meeting to be delivered personally or by mail to the city clerk, to each incumbent member of the council, and to each local newspaper of general circulation, radio station, or television station which has requested notice of special meetings of the council pursuant to the provisions of Section of the California Government Code. Such notice shall be delivered personally or by mail at least 24 hours prior to the time of such meeting and must specify the time and place of the meeting and the matters to be discussed. At any post-election meeting of councilmembers-elect, no matter shall be discussed which is not specified in the notice of such meeting. C. Violations. 1. Any councilmember or councilmember-elect who knowingly or willfully violates any provision of this section is guilty of a misdemeanor notwithstanding the provisions of this code to the contrary. 2. Any councilmember or councilmember-elect who is convicted of a violation of the provisions of this section shall be deemed to have been convicted of a crime involving moral turpitude and shall forfeit the office held on the council in the manner provided for by Section 405 of the city charter.(ord (part), Ord. 2268) 17

18 Campaign Disclosure Requirements City and FPPC Regulations Receipts and expenditures in election campaigns should be fully and truthfully disclosed in order that the voters may be fully informed and improper practices may be inhibited. -- California Gov. Code section 81002(a) 18

19 City of Chico City of Chico Campaign Finance Filing Deadlines July 31 Semi-Annual Campaign Disclosure Statements Due - FORM 460 (For period 1/01/14-6/30/14.) October 6 August 6 through November 4 October 23 October 31 1st CAMPAIGN DISCLOSURE FORM 460 Due Deadline to file first pre-election campaign statement for period 1/1/14-9/30/14 for new candidates or 7/1/14-9/30/14 for officeholders. CAMPAIGN DISCLOSURE Form Late Expenditure Reports - (due anytime during this period, independent expenditures of $1,000 or more shall be reported by personal delivery, online, fax, or guaranteed overnight service. 2nd CAMPAIGN DISCLOSURE FORM 460 Due Deadline to file second pre-election campaign statement for period 10/1/14-10/18/14. 3rd CAMPAIGN DISCLOSURE FORM 460 Due Deadline to file third pre-election campaign statement required by Charter for period 10/19/14-10/30/14. January 31 Semi-Annual Campaign Disclosure Statements Due - Form 460 (For period 7/1/14-12/31/14 or 10/31/14-12/31/14 for candidates in the 2014 election.) 19

20 Campaign Disclosure Requirements FPPC Requlations Form Candidates for local office must file this form prior to solicitation or receipt of any contribution, or expenditure of any personal funds used for the election. This form must be filed each election, including re-election to the same office. Filed with the Secretary of State and the City Clerk. Form Statement of Organization Recipient Committee used to obtain your Committee I.D. Form 460 Recipient Committee Campaign Statement used to record your contributions and expenditures pertaining to your campaign. Please note that a Form Candidate Intention Statement must be filed with the City Clerk s Office prior to accepting any contributions. Please see the Election Calendar on the following page for the applicable Campaign Disclosure deadlines. At the issuance of the nomination papers, each candidate is provided with Campaign Disclosure Manual 2 - Information for Local Candidates, Superior Court Judges, Their Controlled Committees, and Primarily Formed Committees for Local Candidates prepared by the Fair Political Practices Commission. Please read and retain the manual for future reference. Additional forms and manuals are available in the City Clerk s office upon request or can be downloaded from the FPPC webpage Why Report? California s Political Reform Act requires disclosure of campaign contributions and expenditures in connection with state and local elections. There are also restrictions on how campaign funds are used. In general, expenditures from a candidate or recipient committee s campaign funds must be reasonably related to a political, legislative, or governmental purpose. Any expenditure that confers a substantial personal benefit on an individual must be directly related to a political, legislative, or governmental purpose. Need personal help? Call or toll-free ASK-FPPC and press 2 for telephone assistance. 20

21 City of Chico Campaign Disclosure Requirements Pursuant to the Chico Municipal Code In addition to the State requirements, the City of Chico has imposed additional regulations for all candidates participating in a city election. A summary of the differences are as follows: City Requirements State Requirements (FPPC) Full Disclosure regardless of amount Anything $99 or over $500 maximum contribution from $1,000 maximum contribution or expenditure any one source from any one source Three Pre-Election Statements required Two Pre-Election Statements required It is up to each Candidate to make sure that all contributions and expenditures are accounted for on each pre-election statement. Who gets what??? Form 410 s need to be mailed to FPPC... One original and one copy goes to : Secretary of State Political Reform Division PO Box 1467 Sacramento, CA And, one copy of the Form 410 is filed with the City Clerk - Elections Official Campaign Statements Forms 501, 460 and 496 File with City of Chico City Clerk - Elections Official 21

22 How To Get More Help Call Toll-Free ASK-FPPC ( ) or Fair Political Practices Commission 428 J Street, Suite 620 Sacramento, CA Assistance by Fax The FPPC staff is available by telephone Monday through Friday to provide assistance to anyone who has reporting or other requirements under the Political Reform Act (the Act ). During the hours of 9:00 a.m. to 11:30 a.m., and from 1:30 p.m. to 4 p.m., call ASK-FPPC (this is a toll-free number) or and press 2 to speak to a political reform consultant in the Technical Assistance Division. Political reform consultants field questions in all areas covered by the Act. In addition, there is a special voic prompt that allows you to order forms, manuals and other materials any time. Written Advice The FPPC also provides written advice to persons and organizations regulated by the Act. Requests for written advice can be sent to the address listed at the top of the page or faxed to Requests for written advice must state the name, title or position, and mailing address of the person whose duties are in question and must provide all of the material facts in a clear and concise manner. Looking for the quickest way to obtain a FPPC response? Contact FPPC by at the following address: advice@fppc.ca.gov 22

23 Chapter 1.30 CITY ELECTIONS Section: ARTICLE I. CAMPAIGN CONTRIBUTIONS Purpose Definitions Limitation on campaign contributions Limitation on campaign contributions - Exceptions Anonymous campaign contributions prohibited Additional campaign statement disclosure requirements Additional campaign statement filing requirement Additional campaign statement disclosure requirements - Exceptions Required notices Violations. ARTICLE II. CITY BALLOTS Purpose Rebuttal arguments Candidates statements. ARTICLE I. CAMPAIGN CONTRIBUTIONS Purpose. The purpose of this article is to supplement the provisions of the Political Reform Act of 1974, Title 9 of the Government Code (commencing with Section 81000), by: A. Limiting the aggregate amount of campaign contributions which may be made by a person to a city council candidate order to preclude a contributor from gaining disproportionate access to or influence over the city council or any of its individual members by making particularly large campaign contributions to one or more city council candidates; B. Lowering the threshold on those campaign contributions to a city council candidate or to a committee supporting or opposing a city council candidate or a city ballot measure which must be individually disclosed and identified on campaign statements filed pursuant to the Political Reform Act of 1974, in order to more fully inform the voters of the city about the sources of campaign funds; C. Requiring all campaign contributions to a city council candidate or to a committee supporting or opposing a city council candidate, regardless of amount, to be publicly reported, and prohibiting anonymous contributions to a city council candidate or to a committee supporting or opposing a city council candidate or a city ballot measure; and D. Requiring an additional campaign statement to be filed five days before each municipal election. (Ord (part), Ord , Ord. 2251) Ord ) Definitions. Unless the contrary is stated or clearly appears from the context, the definitions set forth in the Political Reform Act of 1974 shall govern the construction of the words and phrases used in this article. (Ord (part), Ord ) Limitation on campaign contributions. A. During the four-year period immediately preceding a municipal election held for the purpose of electing one or more members of the city council, no person shall make to any city council candidate a contribution or contributions that, in total, exceed the sum 23

24 ARTICLE I. CAMPAIGN CONTRIBUTIONS - cont d of five hundred ($500.00) dollars for all such contributions. B. During the four-year period immediately preceding a municipal election which is held for the purpose of electing one or more members of the city council, no candidate at that election shall accept from any person a contribution or contributions which, in total, exceed the sum of five hundred ($500.00) dollars. All contributions made by a person to a candidate s controlled committee, whether or not made at the behest of the candidate or the committee, are contributions to that candidate for the purpose of the aggregate contribution limit established by this section. As used in this section, controlled committee means a committee that is controlled directly or indirectly by a candidate or that acts jointly with a candidate or controlled committee in connection with the making of expenditures. A candidate controls a committee if the candidate, or the candidate s agent, or any other committee the candidate controls has a significant influence on the actions or decisions of the committee. (Ord (part), Ord. 2251, Ord. 2274) Ord ) Limitation on campaign contributions - Exceptions. A. A person s use of personal money or property for the purpose of supporting such person s council candidacy shall not constitute a campaign contribution for purposes of the limitation on campaign contributions provided for in Section of this article. B. A person receiving a contribution or contributions on behalf of or as the agent of a city council candidate or on behalf of or as the agent of a committee supporting or opposing a city council candidate or a city ballot measure, shall not be deemed to have made a separate and additional contribution to such city council candidate or committee for purposes of the limitation on campaign contributions provided for by Section of this article when transferring such initial contribution or contributions to the city council candidate or committee, provided the person receiving the contribution or contributions transfers the same to the city council candidate or committee in the same form as received and without exercising or attempting to exercise any independent control over its use. (Ord (part), Ord. 2268) Anonymous campaign contributions prohibited. No person shall make an anonymous contribution or contributions to a city council candidate or to a committee supporting or opposing a city council candidate or a city ballot measure. A contribution is deemed to be anonymous if (a) it is required to be reported on a campaign statement required to be filed under the Political Reform Act of 1974 or this chapter and is not so reported or (b) any information required to be reported on such a campaign statement is incomplete as to that contribution. Any anonymous contribution shall not be kept by the intended recipient but instead shall be promptly paid to the city s finance director for deposit into the city s general fund. (Ord. 2251) Additional campaign statement disclosure requirements. A. Every city council candidate and every committee supporting or opposing a city council candidate shall list on any campaign statement which such person or committee is required to file with the city clerk pursuant to the Political Reform Act of 1974 or this chapter the name, address, occupation, employer, and amount contributed by each person who, subsequent to September 30, 2002, makes any campaign contribution to such city council candidate or committee. The amounts of contributions reported on a campaign statement so filed shall include the total amount of contributions received during the period covered by the campaign statement from each person who has made any contribution, and the contribution reporting thresholds established by the Political Reform Act of 1974 shall not apply to contributions 24

25 ARTICLE I. CAMPAIGN CONTRIBUTIONS - cont d subject to the disclosure requirements of this section. B. Every committee supporting or opposing a city ballot measure shall list on any campaign statement the committee is required to file with the city clerk pursuant to the Political Reform Act of 1974 the name, address, occupation, employer, and amount contributed by each person who, subsequent to October 22, 1988, makes a campaign contribution to such committee of a value of fifty dollars ($50.00) or more. (Ord (part), Ord. 2251) Additional campaign statement filing requirement. Every city council candidate and every committee supporting or opposing a city council candidate shall file with the city clerk a campaign statement no later than five calendar days prior to the date of the election for which the candidate appears on the ballot. The statement shall cover the period from the closing date of the reporting period for the last pre-election campaign statement required to be filed under the Political Reform Act of 1974 through midnight of the sixth calendar day prior to the date of that election. (Ord. 2251) Additional campaign statement disclosure requirements - Exceptions A person receiving a contribution or contributions on behalf of or as the agent of a city council candidate or on behalf of or as the agent of a committee supporting or opposing a city council candidate or a city ballot measure shall not be deemed to have made a separate and additional contribution to such city council candidate or committee for purposes of the additional campaign statement disclosure requirements provided for by of this article when transferring such initial contribution or contributions to the council candidate or committee provided the person receiving the contribution or contributions transfers the same to the council candidate or committee in the same form as received and without exercising or attempting to exercise any control over its use. (Ord. 1751) Required notices. A. The following notices shall be provided in any written solicitation for a contribution by a city council candidate or by a committee supporting or opposing any city council candidate. 1. If written solicitation is made by a city council candidate for a contribution to the candidate s campaign for election to the city council, the solicitation shall include the following written notice in no less than 10-point type on each such solicitation: NOTICE Chapter 1.30 of the Chico Municipal Code limits the total amount of contributions to a candidate seeking election to the city council to $500 per contributor. In addition, each candidate is required to publicly report the amount of each contribution received and the name, address, occupation and employer of each contributor. 2. If a written solicitation is made by a committee that is not a candidate controlled committee, then the solicitation shall include the following written notice in no less than 10-point type on each solicitation: NOTICE Chapter 1.30 of the Chico Municipal Code requires each committee supporting or opposing a candidate seeking election to the city council to publicly report the amount of each contribution received and the name, address, occupation and employer of each contributor. B. Any committee making a written solicitation for a contribution to support or oppose a city ballot measure shall include the following written notice in no less than 10-point type on each such solicitation: 25

26 ARTICLE I. CAMPAIGN CONTRIBUTIONS - cont d NOTICE Chapter 1.30 of the Chico Municipal Code requires each committee supporting or opposing a city ballot measure to publicly report the amount of each contribution of $50 or more and the name, address, occupation and employer of each contributor who makes such a contribution. (Ord (part), Ord. 2251, Ord. 2274) Ord ) Violations. A. Any person who knowingly or willfully violates any provisions of this article is guilty of a misdemeanor. B. Any person convicted of a misdemeanor under subsection A who is a member of the council at the time of the conviction shall be deemed to have been convicted of a crime involving moral turpitude and shall, in addition to the penalties imposed by the court, suffer forfeiture of the office of councilmember in the manner provided by Section 405 of the city charter. ARTICLE II. CITY BALLOTS (Ord (part), Ord. 2251, Ord. 2268) Purpose The purpose of this article is to implement certain provisions of the California Elections Code pertaining to city ballots. (Ord (part)) Rebuttal arguments. The provisions of Sections 9220 and 9285 of the California Elections Code which provide for the filing of rebuttal arguments in the manner and within the time provided for therein is hereby adopted and shall apply to any city election on an initiative, a proposed amendment to the City Charter, a proposition concerning the issuance of bonds, an advisory question, and any other proposition or question submitted to the voters of the city. (Ord (part), Ord. 1807, Ord ) Candidates statements. Any council candidate filing a candidates statement pursuant to Section of the California Elections Code shall be responsible for the payment of a pro rata share of the total cost of printing, handling, and translating such statement. Such costs, in an amount estimated by the city clerk, shall be deposited by a council candidate at the time such council candidate files the candidate s statement. However, if the amount deposited by all council candidates filing a candidate statement exceeds the actual cost incurred by the city in printing, handling, and translating such candidates statements, then the city clerk shall prorate the excess among the candidates and refund the excess amount paid within 30 days following the election. (Ord (part), Ord , Ord. 2268) 26

27 General Election Resources City of Chico Election Officer: For candidates nomination papers, candidates statements, campaign finance disclosure pursuant to CMC Code Section 1.30, and/or City of Chico election process or for information regarding the City of Chico. Deborah R. Presson, City Clerk & Elections Official Butte County Elections Department: For voter registration questions, voter mailing lists or labels, absentee ballots or absentee ballot application forms. Candace Grubbs FPPC Questions: ASK-FPPC ( ) or Fair Political Practices Commission 428 J Street, Suite 620 Sacramento, CA Assistance by Fax Mailing Address for Campaign Statement Forms 410 Secretary of State Political Reform Division PO Box 1467 Sacramento, CA Campaign Statement Forms 501, 460 and 496 File with City Clerk Election Night Results: Website: Results will be posted after 8:30 p.m. and continuously updated. Log on to: Vote by Mail Results: Will be the first results you will see. These will be released after 8:30 p.m. election night. Election Night Returns: For people who wish to phone in for election results, the County phones will be staffed until all ballots have been counted. Please call Semi-Final Official Results: Once the last ballot is counted, a Semi Official Election Summary Report will be available from the Butte County Elections Office or on the website: Final Official Results: The official canvass of returns will begin no later than the Thursday following Election Day. The official canvass must be completed no later than the 28 th day following the election. 27