2012 election guidebook - city of chico

C I TY O F C H I C O

2 0 1 2 G E N E R A L M U N I C I P A L E L E C T I O N H A N D B O O K

Cover Page

City of Chico

2012 General Municipal ElectionN

ovem

ber

6, 2

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Table of Contents

WELCOME 3

General Information 4

2010 General Municipal Election 4

Eligibility 4

Candidate Filing Period 4

Election Calendar 5

City Council Meetings & Agendas 6

Mayor & Vice Mayor 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

Candidates’ Statement 9

— Candidates’ Statement Fee 9

— Comparative Type Sizes 10

700 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

Candidate Responsibilities 12

Mass Mailings & Literature Requirements 13

— Government Code §84305 13

— Identification Requirements 13

— Exceptions 13

Campaign Signs 14

City Requirements 14

State Requirements 15

Councilmember-Elect Duties 16

Councilmember-Elect Brown Act Requirements16

Councilmember-Elect Post Election 17

Meeting Restrictions 17

Campaign Finance 18

City of Chico Disclosure Requirements 19

Campaign Finance Deadlines 20

Chico Municipal Code Section 1.30 21 – 24

FPPC Disclosure Requirements 25

— Why Report?

Committee Treasurers 26 – 27

How to Get More Help from FPPC 28

Notes 29 – 30

Election Resources 31

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Welcome!

Thank you so much for your interest in serving your community as a member of the CityCouncil! If elected, you will be performing a valuable service for the citizens of Chico byaddressing important community issues and ensuring efficient municipal service that is

responsive to local needs and expectations. The City Manager and staff look forward to yoursuccessful 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 6, 2012 General Municipal Election where four Councilmembers

will be elected to four-year terms expiring in December 2016.

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) 896-7251 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

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November 6, 2012General Municipal Election

The General Municipal Election will be held on

Tuesday, November 6, 2012. Four members of Council

will be elected to terms expiring December 2016. The

four 4-year terms expiring are those of incumbent

Councilmembers Andy Holcombe, Ann Schwab, Bob

Evans, and Jim Walker.

EligibilityThe 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

•

Candidate Filing PeriodCandidates seeking elective city offices receive and file their nomination doocuments with the

City of Chico City Clerk & Elections Official according to the following schedule:

*Since the City Clerk must forward nomination papers to the County Clerk’s Office forcertification, it is recommended that candidates not wait until the last day to submit their papers.

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* July 16 – August 10, 2012

Extension of Filing Period August 11 – August 15, 2012should an incumbent decide tonot run for re-election…. a fiveday extension is granted for anyone other than an incumbent

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City of Chico

July 16 Candidate Nomination Period opens and nomination papers become available.– May be filed any time up until deadline of August 10.

July 31 Semi-Annual Campaign Disclosure Statements Due - FORM 460(For period 1/01/12 - 6/30/12)

August 8 Political Signs related to candidates are allowed 90-days prior to the election.See posting regulations for placement of signs.

August 10 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.

August 11-15 Extension of Candidate Filing Period – for any person other than an incumbent.... should oneof them decide to not run for re-election.

August 16 Randomized alphabet drawing by the Secretary of the State. This determines the orderin which candidate’s names will be listed on the ballot.

October 5 1st CAMPAIGN DISCLOSURE FORM 460 Due – Deadline to file first pre-election campaignstatement for period 1/1/12 - 9/30/12 for new candidates or 7/1/12 - 9/30/12 for officeholders.

October 21 CAMPAIGN DISCLOSURE – Form 496 - Late Expenditure Reports - (due anytime duringthrough period 10/21- 11/5) must be filed by Fax, Telegram, Mailgram, Guaranteed overnight mailNovember 5 or delivered in person, within 24 hours of expending $1,000 or more for one particular

purpose.

October 22 “Last Day to Register to Vote” in the November 6, 2012 election.

October 25 2nd CAMPAIGN DISCLOSURE FORM 460 Due – Deadline to file second pre-election campaignstatement for period 10/1/12 -10/20/12.

October 30 3rd CAMPAIGN DISCLOSURE FORM 460 Due – Deadline to file third pre-election campaignstatement required by the CMC for period 10/21/12 - 10/30/12.

November 6 Election Day — polls open 7:00 a.m. to 8:00 p.m.

November 13 Deadline for the removal of all political signs.

December 4 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 7/1/12 - 12/31/12)

General Municipal ElectionElection Calendar

November 6, 2012

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General Information

The City of Chico is a charter city governed by a

seven-member 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.

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.

MeetingsThe 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, start at 6:00 p.m. in Conference Room 2. Meetings may be watched

on Cable Station 11 or via streaming video. You can access this service by going to “Minutes

and Agendas” on the website, “View Meetings Online.”

Mayor & Vice MayorOnce the newly elected Councilmembers are sworn in at the first meeting in December of

each even numbered year, the Council elects one of its members to serve as the presiding

officer, to be known as the Mayor, and another member known as Vice Mayor, each to serve

for a term of two years. Should a vacancy occur in either office, the Council elects a successor

to serve for the remainder of the unexpired term.

AgendasIn 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 www.ci.chico.ca.us. 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 530-896-7250 if you have questions regarding the agenda process. You can

access the full packet online at the website listed above.

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Nomination Papers

Nomination papers are issued by the City Clerk in the name of aspecific candidate. Since all nomination papers have to be signedand dated by the City Clerk when issued, candidates areencouraged to call 530-896-7251 to make an appointment.

SignaturesYou 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

four nomination papers (the number of open Council seats), and if he/she does so, his/her signature

will count on the first four 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.

CirculatorThe 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 & OathThe 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 DesignationA 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 §13106 and §13107 and excerpts from the Secretary

of State Ballot Designation Regulations. Designations are regulated by Election Code §13107 and

cannot be changed by the candidate after the final date for filing nomination papers unless required

by the Election Official. A Ballot Designation Worksheet will be provided to you for assistance and

must be returned when filing your nomination papers.

Deadline to FileNomination papers must be returned to the City Clerk by the deadlines established. Please schedule

an appointment with the City Clerk, who will administer the Affidavit and Oath at the time you file

your papers.

Please note:

If an individualis registering tovote at the timeof signing your

nominationpapers, pleasekeep his or her

registration cardand submit it tothe City Clerk at

the time youreturn yournomination

papers.

The registrationcard will then be

faxed to theCounty ElectionsOfficial in order

for it to beconsidered whendetermining the

sufficiency ofyour signatures.

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Signature Verification

Insufficient Nomination PapersShould a candidate’s nomination papers be deemed insufficient, or if the

candidate fails to obtain the correct 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.”

Nomination Papers

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 registeration cards on file and determine if each candidate has the required 20 signatures

to qualify for the ballot.

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If you decide not to file a Candidates Statement, please checkthe appropriate box at the bottom of the form, date and sign thestatement and return it with your nomination paper.

Candidates Statement FeeIn accordance with the provisions of the Chico Municipal Code Section

1.30.120 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

for you at the time the City receives the final billing for the election

costs from the County.

Candidates StatementFiling 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 13307 (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’s Statement, do not underline, bold, CAPITALIZE or otherwise emphasize entire

words, sentences, phrases or paragraphs. See the following page for comparative type font sizes.

The estimated fee for the 2012General Municipal Election is:

$750.00

Due and payable when your candidate’s statement

is submitted.

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Comparative Type Sizes – Arial Font

This is an example of 6 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 14 point typeThis is an example of 14 point bold typeThis is an example of 14 point italic type



StatementGuidelines

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700 Form - Statement of Economic Interests

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.

There are penalties of $10 per day for any statement not filed by the due date and there are no

provisions in the law for extension of deadlines.

Code of Fair Campaign Practices ActIt 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/LabelsAll 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

530-538-7761 (or toll free from within Butte County: 1-800-894-7761.)

Federal Tax Filings Required for LocalCandidates & 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 1120-POL).

Details are found in 26 U.S.C.A. Section 527.

• The report requirement imposed by Subsection (i), which was

enacted on July 1, 2000 and applies to tax years beginning after

June 30, 2000.

The penalty for noncompliance is that otherwise exempt income becomes taxable!

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Candidate ResponsibilitiesIn 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

• 2011/2012 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 completedpaperwork, to the City Clerk, yournomination paper will be forwardedto the Butte County Elections Officefor verification of signatures. Iftwenty signatures are determined tobe valid, the County Clerk will certifythat you are a qualified candidate forthe November 6, 2012 ballot.

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The sender must be identified on theoutside of the mailing in the followingmanner:

The FPPC doesnot regulate the

content ofmailings (i.e.

false ormisleadingstatements).

Theinformation

discussed aboveis required

under state law.

Identification Requirements

Mass Mailings & Literature RequirementsA copy of Section 84305 of the Government Code shall be provided by the Elections Official to eachcandidate or his or her agent at the time of filing the declaration of candidacy and to the proponentsof a local initiative or referendum at the time of filing the petitions.

Mass Mailing Requirements - Government Code 84305

(a) Except as provided in subdivision (b), no candidate or committee shall send a mass mailingunless the name, street address, and city of the candidate or committee are shown on the outsideof each piece of mail in the mass mailing and on at least one of the inserts included within eachpiece of mail of the mailing in no less than 6-point type which shall be in a color or print whichcontrasts with the background so as to be easily legible. A post office box may be stated in lieu ofa street address if the organization’s address is a matter of public record with the Secretary ofState.

(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 thecommittee 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 orcommittee who pays for the largest portion of the mailing.

Exceptions

The following information is notrequired to be included in thesender ID:

• Committee’sidentification number

• Name of treasurer orprinter

NOTE...

If two or moreofficeholders,candidates or

committees payan equal shareof the cost of a

mailing, itmust identify atleast one on theoutside of themailing andall must be

identified onthe inside.

1. Name

2. Address

3. City

4. At least six point type

5. Contrasting color or print style

6. Name of controlling candidate, ifapplicable

7. P.O. box may be used if streetaddress is listed on thecommittee’s Form 410 filed withthe Secretary of State

8. Must have the words “Paid for by...” immediately adjacent to and in front of the committeename and address.

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Campaign Signs

City of Chico Requirements

As election time nears, campaign signs will begin to appear throughoutthe City. If, however, signs are posted illegally, they are subject to removalby City work crews. Candidates and campaign workers must follow allposting regulations.

Signs relating to candidates and political issues are allowed 90 daysprior to the Tuesday, November 6, 2012 election or no earlier than August8. 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 anysight distance area. Such signs are authorized 90 days before elections and shall be removedwithin 7 days after an election. Political signs on residentially zoned property are limited to no morethan four signs not exceeding 4 square feet of surface area per sign. (“Section 19.74.050-C-7 ofthe Chico Municipal Code”)

The City’s rules afford candidates ample opportunity to advertise their campaigns without obstructingthe City right of way.

It is unlawful to post signs on street signs or poles, street lighting poles, traffic signs or poles, ortraffic signal or traffic control devices. Signs may not be attached to trees in any fashion. Also, it isagainst Public Utility Commission regulations to post signs on any utility pole.

You may place your political campaign

signs beginning:

August 8, 2012

And must remove all signs no later than:

November 13, 2012

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State Requirements - Political Signs

As a candidate or campaign worker for either office or a ballot measure, this reminder about Statelaw governing campaign signs should be helpful to you. Section 5405.3 of the State Outdoor Adver-tising Act exempts the placing of Temporary Political Signs from normal outdoor advertising displayrequirements.

Should you place a political sign along a state highway, you must follow the guidelines establishedby the Department of Transportation. See the next page for information regarding state requirements.

A Temporary Political Sign must meet the following criteria:

♦ Encourages a particular vote in a schedule election.♦ Is placed not 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 had a Statement of Responsibility filed with the Department certifying a person who

will be responsible for removing the sign. (A copy of the form has been included in yournomination materials and once completed, must be filed with the Department ofTransportation.)

♦ Temporary Political Signs shall not be placed within the right-of-way of any highway, or bevisible 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 TemporaryPolitical Signs and bill the responsible party for their removal.

The necessaryforms for signsalong highways

has beenincluded in your

packet ofinformation.

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Councilmember-Elect RegulationsAs defined by the Chico Municipal Code:

Chapter 2.08

CITY COUNCIL3

Section:2.08.010 Definitions.2.08.020 Establishment of councilmanic rules of procedure, committees and fees.2.08.030 Regulation of post-election meetings of councilmembers-elect.

2.08.10.1.1.1 Definitions.

Unless the contrary is stated or clearly appears from the context, the definitions set forth in this sectionshall 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 electedas a member of the city council at a general municipal election but who has not yet taken the oath ofoffice.

B. Post-Election Meeting of Councilmembers-Elect. The phrase “post-election meeting ofcouncilmembers-elect” means any meeting of councilmembers subject to the provisions of TheRalph M. Brown Act (Section 54950 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 morecouncilmembers-elect and incumbent councilmembers who will remain in office after suchcouncilmembers-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 bepresented to the city council in the foreseeable future for a decision.(Ord. 1751 §2 (part))

Councilmember-Elect BrownAct Requirements(Government Code Section 54952.1)

54952.1 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.

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Councilmember-Elect Post ElectionMeeting Requirements

City of Chico Municipal Code

Chapter 2.08

CITY COUNCIL3

Section:2.08.030 Regulation of post-election meetings of councilmembers-elect.

A. Meetings to be Open and Public. Every post-election meeting of councilmembers-elect shall beopen 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 shallcause a written notice of the meeting to be delivered personally or by mail to the city clerk, to eachincumbent 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 theprovisions of Section 54956 of the California Government Code. Such notice shall be deliveredpersonally or by mail at least 24 hours prior to the time of such meeting and must specify the timeand place of the meeting and the matters to be discussed. At any post-election meeting of council-members-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 provisionof this section is guilty of a misdemeanor notwithstanding the provisions of this code to thecontrary.

2. Any councilmember or councilmember-elect who is convicted of a violation of the provisions ofthis section shall be deemed to have been convicted of a crime involving moral turpitude andshall forfeit the office held on the council in the manner provided for by Section 405 of the citycharter.(Ord. 1751 §2 (part), Ord. 2268)

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Campaign DisclosureRequirementsCity and FPPC Regulations

“Receipts and expenditures in election campaigns should be fully andtruthfully disclosed in order that the voters may be fully informed andimproper practices may be inhibited.” -- California Gov. Code section81002(a)

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Form 410’s go to FPPC....

One original and one copy goes to :

Secretary of StatePolitical Reform DivisionPO Box 1467Sacramento, CA 95812-1467

And, one copy of the Form 410 is filed with the CityClerk - Elections Official

Campaign StatementsForms 501, 460 and 496

File with City of Chico City Clerk - Elections Official

Who Gets What???

It is up to each Candidate to make sure that all contributions and expenditures are accountedfor on each pre-election statement.

City of Chico

Campaign Disclosure RequirementsPursuant to the Chico Municipal Code

In addition to the State requirements, the City of Chico has imposed additional regulations for allcandidates 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

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City of Chico

July 31 Semi-Annual Campaign Disclosure Statements Due - FORM 460(For period 1/01/12 - 6/30/12).

October 5 1st CAMPAIGN DISCLOSURE FORM 460 Due – Deadline to file first pre-election campaignstatement for period 1/1/12 - 9/30/12 for new candidates or 7/1/102- 9/30/12 for officeholders.

October 21 CAMPAIGN DISCLOSURE – Form 496 - Late Expenditure Reports - (due anytime duringthrough period 10/21 - 11/5) must be filed by Fax, Telegram, Mailgram, Guaranteed overnight mailNovember 5 or delivered in person, within 24 hours of expending $1,000 or more for one particular

purpose.

October 25 2nd CAMPAIGN DISCLOSURE FORM 460 Due – Deadline to file second pre-election campaignstatement for period 10/1/12 -10/20/12.

October 31 3rd CAMPAIGN DISCLOSURE FORM 460 Due – Deadline to file third pre-election campaignstatement required by Charter for period 10/21/11 - 10/30/12.

January 31 Semi-Annual Campaign Disclosure Statements Due - (For period 7/1/12 - 12/31/12).

General Municipal ElectionNovember 6, 2012

Campaign Finance Calendar

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Chapter 1.30

CITY ELECTIONS

Section:ARTICLE I. CAMPAIGN CONTRIBUTIONS

1.30.010 Purpose.1.30.020 Definitions.1.30.030 Limitation on campaign contributions.1.30.040 Limitation on campaign contributions - Exceptions.1.30.045 Anonymous campaign contributions prohibited.1.30.050 Additional campaign statement disclosure requirements.1.30.055 Additional campaign statement filing requirement.1.30.060 Additional campaign statement disclosure requirements - Exceptions.1.30.070 Required notices.1.30.080 Violations.

ARTICLE II. CITY BALLOTS1.30.100 Purpose.1.30.110 Rebuttal arguments.1.30.120 Candidates’ statements.

ARTICLE I. CAMPAIGN CONTRIBUTIONS

1.30.010 Purpose.The purpose of this article is to supplementthe provisions of the Political Reform Act of1974, Title 9 of the Government Code(commencing with Section 81000), by:

A. Limiting the aggregate amount ofcampaign contributions which may bemade by a person to a city councilcandidate order to preclude a contributorfrom gaining disproportionate access to orinfluence over the city council or any of itsindividual members by making particularlylarge campaign contributions to one ormore city council candidates;

B. Lowering the threshold on those campaigncontributions to a city council candidateor to a committee supporting or opposinga city council candidate or a city ballotmeasure which must be individuallydisclosed and identified on campaignstatements filed pursuant to the PoliticalReform Act of 1974, in order to more fullyinform the voters of the city about thesources of campaign funds;

C. Requiring all campaign contributions to acity council candidate or to a committeesupporting or opposing a city councilcandidate, regardless of amount, to be

publicly reported, and prohibiting anonymouscontributions to a city council candidate orto a committee supporting or opposing a citycouncil candidate or a city ballot measure;and

D. Requiring an additional campaign statementto be filed five days before each municipalelection.

(Ord. 1751 §1 (part), Ord. 2113 §4, Ord. 2251)Ord. 2421 §1)

1.30.020 Definitions.Unless the contrary is stated or clearly appearsfrom the context, the definitions set forth in thePolitical Reform Act of 1974 shall govern theconstruction of the words and phrases used inthis article.

(Ord. 1751 §1 (part), Ord. 2113 §4)

1.30.030 Limitation on campaigncontributions.

A. During the four-year period immediatelypreceding a municipal election held for thepurpose of electing one or more members ofthe city council, no person shall make toany city council candidate a contribution orcontributions that, in total, exceed the sum

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ARTICLE I. CAMPAIGN CONTRIBUTIONS - cont’d

of five hundred ($500.00) dollars for all suchcontributions.

B. During the four-year period immediatelypreceding a municipal election which is heldfor the purpose of electing one or moremembers of the city council, no candidateat that election shall accept from any persona contribution or contributions which, in total,exceed the sum of five hundred ($500.00)dollars. All contributions made by a personto a candidate’s controlled committee,whether or not made at the behest of thecandidate or the committee, arecontributions to that candidate for thepurpose of the aggregate contribution limitestablished by this section. As used in thissection, “controlled committee” means acommittee that is controlled directly orindirectly by a candidate or that acts jointlywith a candidate or controlled committee inconnection with the making of expenditures.A candidate controls a committee if thecandidate, or the candidate’s agent, or anyother committee the candidate controls hasa significant influence on the actions ordecisions of the committee.

(Ord. 1751 §1 (part), Ord. 2251, Ord. 2274) Ord.2421 §2)

1.30.040 Limitation on campaigncontributions - Exceptions.

A. A person’s use of personal money orproperty for the purpose of supporting suchperson’s council candidacy shall notconstitute a campaign contribution forpurposes of the limitation on campaigncontributions provided for in Section1.30.030 of this article.

B. A person receiving a contribution orcontributions on behalf of or as the agent ofa city council candidate or on behalf of oras the agent of a committee supporting oropposing a city council candidate or a cityballot measure, shall not be deemed to havemade a separate and additional contributionto such city council candidate or committeefor purposes of the limitation on campaigncontributions provided for by Section1.30.030 of this article when transferring

such initial contribution or contributions to thecity council candidate or committee, providedthe person receiving the contribution orcontributions transfers the same to the citycouncil candidate or committee in the sameform as received and without exercising orattempting to exercise any independentcontrol over its use.

(Ord. 1751 §1 (part), Ord. 2268)

1.30.045 Anonymous campaigncontributions prohibited.

No person shall make an anonymous contributionor contributions to a city council candidate or to acommittee supporting or opposing a city councilcandidate or a city ballot measure. A contributionis deemed to be anonymous if (a) it is required tobe reported on a campaign statement required tobe filed under the Political Reform Act of 1974 orthis chapter and is not so reported or (b) anyinformation required to be reported on such acampaign statement is incomplete as to thatcontribution. Any anonymous contribution shallnot be kept by the intended recipient but insteadshall be promptly paid to the city’s finance directorfor deposit into the city’s general fund.

(Ord. 2251)

1.30.050 Additional campaign statementdisclosure requirements.

A. Every city council candidate and everycommittee supporting or opposing a citycouncil candidate shall list on any campaignstatement which such person or committeeis required to file with the city clerk pursuantto the Political Reform Act of 1974 or thischapter the name, address, occupation,employer, and amount contributed by eachperson who, subsequent to September 30,2002, makes any campaign contribution tosuch city council candidate or committee.The amounts of contributions reported on acampaign statement so filed shall include thetotal amount of contributions received duringthe period covered by the campaign statementfrom each person who has made anycontribution, and the contribution reportingthresholds established by the Political ReformAct of 1974 shall not apply to contributions

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subject to the disclosure requirements ofthis section.

B. Every committee supporting or opposing acity ballot measure shall list on anycampaign statement the committee isrequired to file with the city clerk pursuantto the Political Reform Act of 1974 the name,address, occupation, employer, and amountcontributed by each person who,subsequent to October 22, 1988, makes acampaign contribution to such committeeof a value of fifty dollars ($50.00) or more.

(Ord. 175 1 §1 (part), Ord. 2251)

1.30.055 Additional campaignstatement filing requirement.

Every city council candidate and every committeesupporting or opposing a city council candidateshall file with the city clerk a campaignstatement no later than five calendar days priorto the date of the election for which the candidateappears on the ballot. The statement shall coverthe period from the closing date of the reportingperiod for the last pre-election campaignstatement required to be filed under the PoliticalReform Act of 1974 through midnight of the sixthcalendar day prior to the date of that election.

(Ord. 2251)

1.30.060 Additional campaignstatement disclosurerequirements - Exceptions

A person receiving a contribution or contributionson behalf of or as the agent of a city councilcandidate or on behalf of or as the agent of acommittee supporting or opposing a city councilcandidate or a city ballot measure shall not bedeemed to have made a separate and additionalcontribution to such city council candidate orcommittee for purposes of the additionalcampaign statement disclosure requirementsprovided for by §1.30.050 of this article whentransferring such initial contribution orcontributions to the council candidate orcommittee provided the person receiving thecontribution or contributions transfers the sameto the council candidate or committee in thesame form as received and without exercisingor attempting to exercise any control over itsuse.

(Ord. 1751)

1.30.070 Required notices.A. The following notices shall be provided in

any written solicitation for a contribution bya city council candidate or by a committeesupporting or opposing any city councilcandidate.

1. If written solicitation is made by a citycouncil candidate for a contribution tothe candidate’s campaign for electionto the city council, the solicitation shallinclude the following written notice in noless than 10-point type on each suchsolicitation:

NOTICE

Chapter 1.30 of the Chico MunicipalCode limits the total amount ofcontributions to a candidate seekingelection to the city council to $500per contributor. In addition, eachcandidate is required to publiclyreport the amount of eachcontribution received and the name,address, occupation and employerof each contributor.

2. If a written solicitation is made by acommittee that is not a candidatecontrolled committee, then thesolicitation shall include the followingwritten notice in no less than 10-pointtype on each solicitation:

NOTICE

Chapter 1.30 of the Chico MunicipalCode requires each committeesupporting or opposing a candidateseeking election to the city council topublicly report the amount of eachcontribution received and the name,address, occupation and employer ofeach contributor.

B. Any committee making a written solicitationfor a contribution to support or oppose a cityballot measure shall include the followingwritten notice in no less than 10-point typeon each such solicitation:


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NOTICE

Chapter 1.30 of the Chico Municipal Code requires each committee supporting oropposing 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 whomakes such a contribution.

(Ord. 1751 §1 (part), Ord. 2251, Ord. 2274) Ord. 2421 §3)

1.30.080 Violations.

A. Any person who knowingly or willfully violates any provisions of this article is guilty of amisdemeanor.

B. Any person convicted of a misdemeanor under subsection A who is a member of the council atthe time of the conviction shall be deemed to have been convicted of a crime involving moralturpitude and shall, in addition to the penalties imposed by the court, suffer forfeiture of theoffice of councilmember in the manner provided by Section 405 of the city charter.

ARTICLE II. CITY BALLOTS


(Ord. 1751 §1 (part), Ord. 2251, Ord. 2268)

1.30.100 Purpose

The purpose of this article is to implementcertain provisions of the California ElectionsCode pertaining to city ballots.

(Ord. 1751 §1 (part))

1.30.110 Rebuttal arguments.

The provisions of Sections 9220 and 9285 ofthe California Elections Code which provide forthe filing of rebuttal arguments in the mannerand within the time provided for therein is herebyadopted and shall apply to any city election onan initiative, a proposed amendment to the CityCharter, a proposition concerning the issuanceof bonds, an advisory question, and any otherproposition or question submitted to the voters

of the city.(Ord. 1751 §1 (part), Ord. 1807, Ord. 2251 §1)

1.30.120 Candidates’ statements.

Any council candidate filing a candidates’statement pursuant to Section 13307 of theCalifornia Elections Code shall be responsiblefor the payment of a pro rata share of the totalcost of printing, handling, and translating suchstatement. Such costs, in an amount estimatedby the city clerk, shall be deposited by a councilcandidate at the time such council candidatefiles the candidate’s statement. However, if theamount deposited by all council candidates filinga candidate statement exceeds the actual costincurred by the city in printing, handling, andtranslating such candidates’ statements, thenthe city clerk shall prorate the excess amongthe candidates and refund the excess amountpaid within 30 days following the election.

(Ord. 1751 §1 (part), Ord. 2251 §2, Ord. 2268)

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Campaign Disclosure Requirements– FPPC Requlations

• Form 501 - Candidates for local office must file this formprior to solicitation or receipt of any contribution, orexpenditure of any personal funds used for the election.This form must be filed each election, including re-electionto the same office. Filed with the Secretary of Stateand the City Clerk.

• Form 410 - Statement of Organization RecipientCommittee — used to obtain your Committee I.D.

• Form 460 – Recipient Committee Campaign Statement– used to record your contributions and expenditurespertaining to your campaign.

• Please see the Election Calendar on the following pagefor the applicable Campaign Disclosure deadlines. Atthe issuance of the nomination papers, each candidateis provided with Campaign Disclosure Manual 2 -Information for Local Candidates, Superior Court Judges,Their Controlled Committees, and Primarily FormedCommittees for Local Candidates prepared by the FairPolitical Practices Commission. Please read and retainthe manual for future reference.

• Additional forms and manuals are available in the CityClerk’s office upon request or can be downloaded fromthe FPPC webpage www.fppc.ca.gov.

Please note that a Form 501 - CandidateIntention Statement must be filed withthe City Clerk’s Office prior to acceptingany contributions.

California’s Political Reform Act requires disclosure of campaign contributions and expenditures inconnection 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 1-916-322-5660 or toll-free 1-866-ASK-FPPC and press “2” for telephone assistance.

Why Report?

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Committee Treasurers

Every Recipient Committee Must Have a Treasurer

Under California’s Political Reform Act, a person ororganization that receives contributions totaling $1,000 ormore in a calendar year to support or oppose state or localcandidates or ballot measures qualifies as a “recipientcommittee” and must have a treasurer. No contributions maybe accepted and no expenditures may be made without atreasurer.

The treasurer is responsible for:• Filing the committee’s statement of organization (Form 410) and termination of the

committee;• Establishing and maintaining a recordkeeping system that ensures the committee

complies with the Act’s disclosure requirements;• Verifying and signing the committee’s campaign statements and filing them on time;• Correcting inaccuracies or omissions that may occur.

Anyone may act as a committee treasurer. A candidate may serve as his or her own committeetreasurer. However, no individual should accept the position of committee treasurer as a merefigurehead. If errors or omissions occur in a committee’s recordkeeping and reporting, the treasurerwill often be a named party in any resulting enforcement action and may be held personally liable.

A committee may appoint one assistant treasurer on its statement of organization to act in placeof the treasurer if he or she is unavailable. To adequately perform his or her duties, a committeetreasurer must have a basic understanding of the law and the treasurer’s responsibilities.

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For Detailed Recordkeeping and Reporting Requirements

To assist treasurers, the following information is available from theFPPC

• The Political Reform Act, contained in the California GovernmentCode, sections 81000-91014. Campaign disclosure is containedin Chapter 4, sections 84101-84309.

• Commission regulations are contained in Title 2, Division 6 ofthe California Code of Regulations. See: — Regulation 18401(Required Recordkeeping) — Regulation 18426.1 (AssistantTreasurer) — Regulation 18427 (Duties of Candidates andTreasurers)

• FPPC Campaign Disclosure Information Manuals containdetailed disclosure and recordkeeping requirements as well asother important information.

Fair Political Practices Commission428 J Street, Ste. 620

Sacramento, CA 95814Toll-Free 1-(866) ASK-FPPC or (916) 322-5660

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How To Get More Help

Call Toll-Free

1-866-ASK-FPPC(1-866-275-3772) or 1-916-322-5660

Fair Political Practices Commission428 J Street, Suite 620Sacramento, CA 95814Assistance by Fax1-916-322-0886

The FPPC staff is available by telephone Monday through Friday to provideassistance to anyone who has reporting or other requirements under the PoliticalReform 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 1-866-ASK-FPPC (this is a toll-free number) or 1-916-322-5660 and press 2 to speakto a political reform consultant in the Technical Assistance Division. Political reformconsultants field questions in all areas covered by the Act. In addition, there is aspecial voicemail prompt that allows you to order forms, manuals and other materialsany time.

Written Advice

The FPPC also provides written advice to persons and organizations regulated bythe Act. Requests for written advice can be sent to the address listed at the top ofthe page or faxed to 1-916-327-2026. Requests for written advice must state thename, title or position, and mailing address of the person whose duties are inquestion and must provide all of the material facts in a clear and concise manner.

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General Election ResourcesCity of Chico Election Officer:For candidates’ nomination papers, candidates’ statements,campaign finance disclosure pursuant to CMC CodeSection 1.30, and/or City of Chico election process or forinformation regarding the City of Chico.

For voter registration questions, voter mailing lists or labels,absentee ballots or absentee ballot application forms.

Butte County Elections Department:

FPPC Questions:

1-866-ASK-FPPC

(1-866-275-3772) or 1-916-322-5660 www.fppc.ca.gov

Fair Political Practices Commission428 J Street, Suite 620Sacramento, CA 95814

Assistance by Fax1-916-327-2026

Mailing Address for Campaign StatementForms 410

Secretary of StatePolitical Reform DivisionPO Box 1467Sacramento, CA 95812-1467

Campaign Statement Forms 501,460 and 496

File with City Clerk

Candace Grubbs or Laurie Cassiday 538-7761

Deborah R. Presson, City Clerk & Election Official 896-7251

Election Night Results:Website:Results will be posted after 8:30 p.m. andcontinuously updated. Log on to:http://clerk-recorder.buttecounty.net

Vote by Mail Results:Will be the first results you will see. Thesewill be released after 8:30 p.m. election night.

Election Night Returns:For people who wish to phone in for electionresults, the County phones will be staffed untilall ballots have been counted.Please call 538-7761.

Semi-Final Official Results:Once the last ballot is counted, a SemiOfficialElection Summary Report will be availablefrom the Butte County Elections Office oron the website:

http://clerk-recorder.buttecounty.net

Final Official Results:The official canvass of returns will begin nolater than the Thursday following ElectionDay. The official canvass must be completedno later than the 28th day following theelections.

2012 election guidebook - city of chico

Documents