Presented by Trish Mayer, Assistant Chief Fair Political Practices Commission December 2017 1 Today s Topics Campaign Recap and New Rules for 2018 Form 700 Recap and New Rules for 2018 Form 700 Electronic Filing Update Looking Ahead 2
But First 3 We ve Moved! 1102 Q Street, Suite 3000 Sacramento, CA 95811 4
Year End Checklist Semi-annual Form 460 due January 31, 2018 for all open committees Did you have a November election? Defeated candidates without committees (Form 470 filers) have no further filing obligations Incumbents file either 470 or 460 by July 31, 2018 (less than $200 salary exception applies) An official with an open committee in another jurisdiction is not eligible to file Form 470 with you 5 Elections in 2018 Candidate Filing Overview Re-election: Incumbents must file Form 501 and, if using existing committee, amend Form 410 to indicate current election and change committee name Provide Local Candidate Manual 2, Forms 501, 410, 460, 470, 497, Form 700 and filing schedule to candidates 6
Campaign Statements Local Electronic Filings Local agencies may approve ordinances permitting or requiring electronic filing of campaign statements Redaction requirements exist for Internet postings You may not redact any information whatsoever on paper copies when requested Paper filings are not required as long as criteria in Section 84615 are met 7 Multiple Committee Filing Requirements Runs For City Council Person County Supervisor Files campaign statements for both offices with City Clerk and County Clerk/ROV 8
Multiple Committee Filing Requirements Runs For City Council Person State Assembly Files statements for both offices with city and SOS If state committee files electronically with SOS, city committee must also file electronically with SOS and no Assembly filing required with the city 9 Ordinances are posted on FPPC s website Review to ensure we have the most recent version Send updates to advice@fppc.ca.gov 10
New Campaign Laws Payments made to support or oppose the qualification of a local measure new reporting rules: A recipient committee is now required to file a report each time it makes contributions or independent expenditures aggregating $5,000 or more to support or oppose the qualification of a single local ballot measure. The report must be filed within 10 business days of reaching the threshold in the place(s) where the committee would be required to file campaign statements if it were primarily formed to support or oppose the measure. (AB 187 (Gloria) Chapter 183, Statutes 2017) What this means: You might receive a Form 497 from a state or county committee (e.g., general purpose committee) that doesn t normally file with you for a measure that has not yet qualified. 11 More New Campaign Laws Definition of earmarked contribution: Under the new rules, any dues, assessments, fees and similar payments made to a membership organization that are less than $500 per calendar from a single source for the purpose of making expenditures and contributions to state or local ballot measures or candidates are no longer considered earmarked. (AB 249 (Mullin) Chapter 546, Statutes 2017) What this means: In this situation, the membership organization is considered the source of the contribution and would be subject to any applicable limits - not the members. You should see less intermediary reporting from these types of committees. 12
More New Campaign Laws Ballot measure committee name requirements: A committee that supports or opposes ballot measures is no longer required to name and identify itself using a name or phrase that clearly identifies the economic or other special interests of its major donors of $50,000 or more. (AB 249 (Mullin) Chapter 546, Statutes 2017) What this means: Shorter committee names! However, the top three donors of $50,000 are required on most ads. 13 More New Campaign Laws Advertising disclaimer rules: New ad disclaimer rules apply to disclosure statements, location, and format criteria required for television, print, radio, telephone, and electronic media ads. On-ad disclosure of the top two contributors has been changed to the top three contributors and this rule now applies to general purpose committees. Certain committees would be exempt from the top contributor disclosure, including candidate and political party committees. (AB 249 (Mullin) Chapter 546, Statutes 2017) What this means: This means there are too many changes to font size, placement, color and other ad appearance rules to note here. A comparison chart is posted on FPPC s website and updated disclaimer charts and manuals will be posted after the first of the year. 14
More New Campaign Laws Public safety names - slate mailer organizations: An SMO that sends a mailing that identifies itself as representing a nongovernmental organization with a name that implies that the organization is composed of, or affiliated with, law enforcement, firefighting, emergency medical, or other public safety personnel, must disclose the total number of members in the organization identified in the mailing. If the SMO does not represent safety personnel, it is now required to disclose this fact on the mailing, in a specified format. (SB 226 (Hertzberg) Chapter 855, Statutes 2017) 15 New Campaign Laws - Miscellaneous City of Sacramento contract campaign ordinance: Existing law authorizes the FPPC to have primary responsibility for the impartial, effective administration, implementation, and enforcement of the campaign ordinance of the County of San Bernardino. This bill authorizes the FPPC and the City of Sacramento to also enter into such an agreement. (SB 267 (Pan) Chapter 622, Statutes 2017) Campaign links Secretary of State s office: The Secretary of State s office is now required to post hyperlinks to the website of any local government agency that contains campaign finance information and is required to update these hyperlinks by December 31 each year. (SB 358 (Stern) Chapter 624, Statutes 2017) 16
Other Laws Behested payments Form 803 reporting: The definition of contribution has been recast and the sections describing behested payments and the reporting requirements for behested payments were moved into their own sections. (AB 867 (Cooley) Chapter 749, Statutes 2017) What this means: There are no changes to the behested payment and Form 803 reporting rules. 17 Other Laws Mass mailings sent at public expense: Regulation 18901, which prescribes which mass mailings at public expense are allowed and which are prohibited, has been codified into statute. In addition, certain mass mailings that were otherwise allowed are now prohibited from being sent within 60 days of an election by or on behalf of an elected official whose name is on that election ballot. (SB 45 (Mendoza) Chapter 827, Statutes 2017) What this means: Certain meeting or event announcements that feature an elected official may not be sent within 60 days of the official s election. The new rules also prohibit an official from sending more 200 business cards within 60 days of the election. 18
Other Laws Local post-employment restrictions: Current rules prohibit, for a period of one year after the official leaves office, elected and other specified local officials who held positions with a local agency from appearing before, or communicating with, that local government agency, or any officer or employee of the agency. The one-year prohibition now also applies to independent contractors of a local government agency or a public agency who are appearing or communicating on behalf of that agency. (AB 551 (Levine) Chapter 196, Statutes 2017) What this means: It is permissible for an official to appear before his/her previous agency as an employee or member of another public agency. However, if the official is an independent contractor for the other public agency, he/she may not appear before or communicate with the former agency. 19 Making a Non-Filer Referral to FPPC? Filing officers must submit referrals to the Enforcement Division using the Electronic Complaint System. Provide all the information requested including: The most recent filing Copies of your notifications (at least two written notifications must be made prior to referral) A copy of the conflict of interest code (if applicable) You will receive an email confirming receipt of the referral and notification when the FPPC takes action on the referral. 20
21 Enforcement News FPPC s Enforcement Division will again run the proactive campaign pre-election filing program in 2018 and will reach out to: All counties All cities holding elections in June or November with a population over 100,000 Anyone else wishing to participate If your city meets the criteria, you will receive an email at least 90 days before the election explaining the program and again the day after the first and second preelection deadlines. If a candidate or committee hasn t filed, FPPC s Enforcement Division will contact them directly. This program resulted in 100% compliance in 2016! Please contact Tara Stock at tstock@fppc.ca.gov for any questions related to this program. 22
Ticket Reporting - Form 802 You are no longer required to send Form 802 to FPPC, but instead, you will post them on your agency s website and email the link to us at form802@fppc.ca.gov. Your agency s ticket policy must be also be posted on your website and a link must be sent to FPPC. The FPPC will post on its website a link to the page of your agency s website that contains the ticket policy and the completed 802 forms. It is not necessary to send an email each time a new Form 802 is posted. After the initial e-mail, it is only necessary to submit the link if the posting location on your website changes. Regulation 18944.1 23 Assuming/Leaving Office Form 700 Exceptions It is not necessary to obtain an assuming or leaving office Form 700 under the following situations: Re-election or re-appointment to the same position 87200 filer assumes another 87200 position within 45 days e.g., Planning Commissioner elected to City Council Remember: A filer who assumes office between October 1 and December 31, 2017 no annual required in 2018 24
FPPC s Form 700 Electronic Filing Program The First Year Filers whose statements are forwarded to FPPC should now file electronically directly with us. This includes: Government Code Section 87200 filers for cities but not those who file electronically with your city Almost 60% filed electronically this year including filers who e-filed through your system. 25 Form 700 Electronic Filing for FPPC Filers All filing officers should continue to log in to verify that information on filers whose statements come to FPPC is current a correct e-mail address is a must! This is a requirement under the law and a reminder was recently sent to most of you with a current list of filers according to our system. This doesn t apply to cities that have their own e-filing system. For these cities, FPPC is still working with your vendor regarding this process. 26
Form 700 Electronic Filing for FPPC Filers Does your city currently have its own electronic filing system? Good news! Filers will continue to file under your system and beginning January 1 the statements will be automatically uploaded to our system. PDFs will no longer need to be e-mailed to us! 27 Form 700 Electronic Filing for FPPC Filers - Reminders Please continue to add new filers including a valid e- mail address and add leaving office dates for those who leave. If a statement is filed electronically, it is not necessary to send a signed hard copy of that statement to FPPC. If a filer holds another position that doesn t allow for e-filing, the filer must submit an original, signed statement to that agency. 28
Form 700 Electronic Filing for FPPC Filers Questions? form700@fppc.ca.gov For general questions, contact your FPPC filing officer: Cities A-M Brianne Kilbane: bkilbane@fppc.ca.gov Cities N-Z Sonia Rangel: srangel@fppc.ca.gov 29 Form 700 Electronic Filing for Your Filers (Those whose statements aren t sent to FPPC) Voluntary Form 700 electronic filing provisions available to all agencies for internal filers Application and $1,000 fee must be submitted to FPPC for approval and certification of system Application form and more information on FPPC s website (under the Filing Officer link) There are 189 cities, counties, and agencies approved for electronic filing Great news! The five-year renewal fee of $1,000 will most likely be waived for most agencies 30
What s New on FPPC s Website? What s New is what s new! Click on this link at the bottom of our homepage 31 What s New on FPPC s Website? What s New is what s new! 32
What s Ahead for FPPC? We are beefing up our training program. If you are interested, send an e-mail to seminars@fppc.ca.gov New training videos posted on our website including video shorts. We are continuing to update our website comments and suggestions always welcome. 33 Keep in Touch Toll-Free Advice Line: (866) 275-3772 Email: advice@fppc.ca.gov Website: www.fppc.ca.gov Facebook: CA FPPC Twitter: @CA_FPPC Sign up for mailing lists to stay up to date We re Here to Help!! 34