E92 Candidate Guide
E92 Candidate Guide
REGISTRAR OF VOTERS
I E
"UI ,E
---G-ENERAL ELECTION
November 6, 2012
Barry Garner
Registrar of Voters
1555 Berger Drive
San Jose, California 95112
866.430. VOTE (8683) www.sccvote.org
~382 REV6/12
***NOTICE***
All information in this guide is subject to change.
Dear Candidate:
Congratulations on yqur decision to seek office in the upcoming Presidential General Election. Your
candidacy provides voters in Santa Clara County a choice and sustains our. democratic process.
There are many requirements associated with being a candidate. We have prepared this Candidate
Guide to assist you in understanding these requirements. It contains valuable information pertaining to
qualifications for office, terms of office, procedures, fees, forms, and dates.
Please keep in mind that this Candidate Guide is intended to be a resource and is not comprehensive or
legally sufficient. You are encouraged to seek legal counsel on questions of law.
We also recommend that you file as early as possible to ensure that your documents are complete and
accurate. Filing deadlines are absolute. Waiting until the end of the filing period to file your documents
could result in your name not being on the ballot if your documents are incomplete or in error.
The Office of the Registrar of Voters is open each weekday between the hours of 8:00 a.m. and 5:00
p.m., holidays excepted. We are located at 1555 Berger Drive, Bldg. 2, San Jose.
We want to provide you assistance that will make seeking office easier aqd an enjoyable learning
experience. If you have any suggestions for improving this guide or our services, please let us know. If
you have any questions or need additional information, please contact the Candidate and Public Services
Division at (408) 299-8639.
Sincerely,
~ Registrar ofVoters
Board of Supervisors: Mike Wasserman, George Shirakawa, Dave Cortese, Ken Yeager, Liz Kniss
County Executive: Jeffrey V. Smith
TABLE OF CONTENTS
GENERAL INFORMATION
Nomination Petitions 7
Declaration of Candidacy 8
Ballot Designation 9
Additional Nomination Forms 12
NOVEMBER 6, 2012
DATE ACTION
July 16, 2012 Nomination period opens. Candidates may pick up nomination
packets either at the district office or at the Office of the Registrar
ofVoters.
August 10, 2012 Nomination period closes. Deadline to file all necessary
documents. Incumbents must file by this deadline.
August 15, 2012 5-calendar-day extension period closes for filing nomination
documents for specific offices in which the incumbent did not
f"Ile. Incumbent cannot file during this extension period.
August 16, 2012 The Secretary of State and the Office of the Registrar of Voters
shall conduct the randomized alphabet drawing at 11 a.m.
September 10- October 23, 2012 Period for Write-In candidates to file their statements of write-in
candidacy and nomination papers.
October 8, 2012 First day for the Office of the Registrar of Voters to mail v'ote by
Mail ballots.
October 22, 2012 Last day to register to vote in the November Election.
October 25, 2012 FPPC Pre-election Statement due for period 1011112- 10/20/12.
October 30, 2012 Last day to request Vote by Mail ballot to be sent by mail.
1
CANDIDATE QUALIFICATIONS AND INFORMATION
General Information
A person is disqualified from holding any office upon conviction of designated crimes specified
in the Constitution and laws ofthe State. Gov. Code 1021
A person is not eligible to hold a county or district office unless he or she is a registered voter of
the county or district in which the duties of the office are to be exercised at the time that
nomination papers are issued to the person or at the time of the person's appointment.
Gov. Code 1020
If a candidate is seeking a nonpartisan office, all reference to party affiliation shall be omitted on
all required forms. 8002
Eligibility
Candidates must be at least 18 years of age by Election Day, a citizen of the State, a resident of
the District in which he/she is seeking office, a registered voter, and not otherwise disqualified
from holding a civil office by the Constitution or laws of the State.
Candidates for Mid-Peninsula Regional Open Space District and Santa Clara Valley Water
District see the next page for further eligibility requirements.
Restrictions
No person may file nomination papers for more than one school district office, at the same
election, including the County Board ofEducation. 10603(c)
Prohibitions
Neither a candidate nor members of a candidate's household are eligible to serve as precinct
officials or to provide polling place facilities for any election at which the candidate's name
appears on the ballot.
2
Mid-Peninsula Regional Open Space District
Candidates must meet the eligibility requirements listed on the previous page. Candidates are
also required to file a Nomination Petition with a minimum of 50 valid signatures of registered
voters who live within the Ward in which the candidate is to be voted on.
3
LIST OF OFFICES
Offices to Offices to
District District
be Filled be Filled
Evergreen 2 Franklin-McKinley 2
2 full terms
Luther Burbank Moreland 2
3 short terms
Mountain View
3 Mount Pleasant 2
Whisman
Union 2
Offices to Offices to
District District
be Filled be Filled
Los Gatos-Saratoga
Fremont Union 2 2
Joint Union*
Mountain View-Los
2 San Benito** 2
Altos Union
Offices to Offices to
District District
be Filled be Filled
Offices to Offices to
District District
be Filled be Filled
San Jose/Evergreen,
1 seat per West Valley-Mission, 1 seat per
Trustee Areas
Trustee Area Trustee Areas 1, 2, 4 & 6 Trustee Area
1, 3, 5 & 7
Offices to
District
be Filled
Special Districts
Offices to Offices to
District District
be Filled be Filled
Mid-Peninsula Mid-Peninsula
1 seat per
Regional Open Space, Regional Open Space, 1 short term
Ward
Wards 3, 4 Ward2
I) type on the forms the name of the candidate and the office for which he or she is a candidate
2) imprint a stamp on the form which reads "Official Filing Form" and
3) affix his or her signature on the form.
The forms shall be distributed to all candidates applying for them upon payment of the filing fee.
The county elections official shall not require a candidate to sign, file, or sign and file, a
declaration of candidacy as a condition of receiving nomination papers. 8020, 8101
NOMINATION PETITIONS
July 16- August 10, 2012
Circulators of nomination petitions shall be voters in the district or political subdivision and
county in which the candidate is to be voted on and shall serve only in that district or political
subdivision. The elections official shall not accept for filing any nomination papers unless all
blanks in the certificate are filled. A candidate may also circulate his or her own petition and
may circulate in any county of the jurisdiction of which they are a candidate for. The candidate
is the only person who may circulate out of the county they reside in. 8065-8066
All signatures on a petition form must be obtained and witnessed by the same circulator. The
circulator must complete, by. hand, and sign the affidavit on the reverse side of the petition form
and return the petition to the candidate or the person designated by the candidate.
Signers of nomination petitions shall be voters in the district or political subdivision in which
the candidate is to be voted on. No signer shall, at the time of signing a certificate, have his or
her name signed to any other nomination paper for any other candidate for the same office or, in
case there are several places to be filled in the same office, signed to more nomination papers for
candidates for that office than there are places to be filled. 8068-8069
7
Verification of Signatures on Nomination Papers
The county elections official shall verify the signatures of the signers on the nomination paper
with the registration affidavits on file in the office of the county elections official. The county
elections official shall mark "not sufficient" any signature that does not appear in the same
handwriting as appears on the affidavit of registration in his or her office, or that is accompanied
by a declaration of party affiliation that is not in accordance with the declaration of party
affiliation in the affidavit of registration. The county el~ctions official may cease to verify
signatures once the minimum requisite number of signatures has been verified. 8081
No defect in any nomination document presented shall prevent the filing of another nomination
document within the period allowed for presenting the nomination document. 81 02
The sponsor must be a registered voter residing at his or her address of registration, at the time of
signing any petition-in-lieu or nomination petition.
DECLARATION OF CANDIDACY
July 16- August 10, 2012
No candidate's name shall be printed on the ballot to be used in the election unless a declaration
of candidacy and nomination petition are delivered for filing with the county elections official.
The candidate is to execute the declaration of candidacy in the office of the county elections
official unless the candidate has signed and dated a written statement authorizing a person to
receive a declaration of candidacy form from the county elections official for the candidate or,
upon request of a candidate, the county elections official shall provide the candidate with a
declaration of candidacy and nomination papers. Such statement shall include language
explaining that the candidate is aware that the declaration of candidacy must be properly
executed and delivered to the county elections official of the county of the candidate's residence
by 5:00p.m., August 10, 2012. 8020, 8028
The candidate's name as provided by the candidate on the Declaration of Candidacy is the way it
will appear on the ballot. The declaration of candidacy cannot be changed after the nomination
deadline.
No title or degree shall appear on the same line on a ballot as a candidate's name, either before or
after the candidate's name, in the case of any election to any office. 13106
If the candidate has changed his or her name within one year prior to the election, the new name
will not appear on the ballot unless the change was made by marriage or by Decree of Court.
13104
8
Ballot Designation
The ballot designation is the word, or group of words that will appear on the ballot under the
candidate's name, designating the current principal profession, vocation, or occupation of the
candidate.
The ballot designation that a candidate may use is governed by Elections Code 131 07 and
13107.5. Elections Code 13107 states:
(a) With the exception of candidates for Justice of the State Supreme Court or court of appeal,
immediately under the name of each candidate, and not separated fi:om the name by any line,
unless the designation made by the candidate pursuant to Section 8002.5 must be listed
immediately below the name of the candidate pursuant to Section 13105, and in that case
immediately under the designation, may appear at the option of the candidate only one of the
following designations:
(1) Words designating the elective city, county, district, state, or federal office which
the candidate holds at the time of filing the nomination documents to which he or
she was elected by vote of the people, or to which he or she was appointed, in the
case of a superior court judge.
(2) The word "incumbent" if the candidate is a candidate for the same office which he
or she holds at the time of filing the nomination papers, and was elected to that
office by a vote of the people, or, in the case of a superior court judge, was
appointed to that office.
(3) No more than three words designating either the current principal professions,
vocations, or occupations of the candidate, or the principal professions, vocations,
or occupations of the candidate during the calendar year immediately preceding the
filing of nomination documents. For purposes of this section, all California
geographical names shall be considered to be one word: Hyphenated words that
appear in any generally available standard reference dictionary, published in the
United States at any time within the 10 calendar years immediately preceding the
election for which the words are counted, shall be considered as one word. Each
part of all other hyphenated words shall be counted as a separate word.
(4) The phrase "appointed incumbent" if the candidate holds an office other than a
judicial office by virtue of appointment, and the candidate is a candidate for
election to the same office,. or, if the candidate is a candidate for election to the
same office or to some other office, the word "appointed" and the title of the office.
In either instance, the candidate may not use the unmodified word "incumbent" or
any words designating the office unmodified by the word "appointed." However,
the phrase "appointed incumbent" shall not be required of a candidate who seeks
reelection to an office which he or she holds and to which he or she was appointed,
as a nominated candidate, in lieu of an election, pursuant to Sections 5326 and 5328
ofthe Education Code or Section 7228, 7423, 7673, 10229, or 10515 ofthis code.
9
(b) Neither the Secretary of State nor any other election official shall accept a designation of
which any of the following would be true:
(3) It abbreviates the word "retired" or-places it following any word or words which it
modifies.
(4) It uses a word or prefix, such as "former" or "ex-," which means a prior status. The
only exception is the use of the word "retired."
(5) It uses the name of any political party, whether or not it has qualified for the ballot.
(c) If, upon checking the nomination documents and the ballot designation worksheet described
in Section 13107.3, the elections official fmds the designation to be in violation of any of the
restrictions set forth in this section, the election official shall notify the candidate by
registered or certified mail return receipt requested, addressed to the mailing address
provided on the candidate's ballot designation worksheet.
(1) The candidate shall, within three days, excluding Saturday, Sunday, and state
holidays, from the date he or she receives notice by registered or certified mail, or
from the date the candidate receives actual notice of the violation, whichever occurs
first, appear before the elections official or, in the case of the Secretary of State,
notify the Secretary of State by telephone, and provide a designation that complies
with subdivision (a).
(2) In the event the c~ciidate fails to provide a designation that complies with
subdivision (a) within the three-day period specified in paragraph (1), no
designation shall appear ctft:e:rJhe ca11<:li<i~te's name.
(d) No designation given by a candidate shalL])~ cha11g~4 QY tlw candidate after the final date for
nllng noiillnation documents, except as specifically requested by the elections official as
specified in subdivision (c) or as provided in subdivision (e). The elections official shall
maintain a copy of the ballot designation worksheet for each candidate that appears on the
ballot in the county for the same period of time as applied to nomination documents pursuant
to Section 17100.
(e) The designation shall remain the same for all purposes of both primary and general elections,
unless the candidate, at least 98 days prior to the general election, requests in writing a
different designation which the candidate is entitled to use at the time of the request.
10
(f) In all cases, words so used shall be printed in 8-point roman uppercase and lowercase type
except that, if the designation selected is so long that it would conflict with the space
requirements of Sections 13207 and 13211, the elections official shall use a type size for the
designation for each candidate for that office sufficiently smaller to meet these requirements.
(g) Whenever a foreign language translation of a candidate's designation is required under the
Voting Rights Act of 1965 (42 U.S.C.A. Sec. 1971), as amended, to appear on the ballot in
addition to the English language version, it shall be as short as possible, as consistent as is
practicable with this section, and shall employ abbreviations and initials wherever possible in
order to avoid undue length.
(b) The Secretary of State shall by regulation defme what constitutes a community volunteer
for purposes of this section.
The Secretary of State has defmed "Community Volunteer" as a person who engages in an
activity or performs a service for or on behalf of, without profiting monetarily, one or more of
the following: (1) A charitable, educational, or religious organization as defmed by the United
States Internal Revenue Code section 501(c)(3); (2) A govenimental agency; or (3) An
educational institution.
Notwithstanding 8020 or any other provision of the law, if nomination documents for an
incumbent officer of a county are not delivered by 5 p.m. on the 88th day (August 10, 2012~
before the General election, any person other than the person who was the incumbent on the 88
day shall have until5 p.m. on the 83rd day (August 15, 2012) before the election to pick up or file
nomination documents for the elective office.
This section is not applicable where there is no incumbent eligible to be elected. 8024
11
Withdrawal of Candidate
No candidate shall withdraw his or her declaration of candidacy after 5 p.m. on the 88th day
(August 10, 2012) prior to the election. 10510(a), 10604(b)
In the case of an extension, no candidate may withdraw after 5 p.m. on the 83rd day (August 15,
2012) prior to the election. 8801
On August 16, 2012, the Secretary of State will conduct a random drawing of the alphabet, and
the Registrars of Voters throughout the state will follow this same alphabet. Names of
candidates will be arranged on the ballot in accordance with the random alphabet. However,
each county which has state legislative offices overlapping with other counties will draw their
own random alphabet and candidates from each county will appear according to each separate
county's drawing. 13112
If, by 5 p.m. on August 15, 2012, the number of candidates in any district does not exceed that
number of seats to be filled, and a petition signed by 10% of the voters of the district, or 50 voters,
whichever is less, requesting that the election be held has not been presented to the Registrar of
Voters, the election shall not be held.
12
REQUEST FOR VIETNAMESE NAME ACCENTS (Optional Form)
Candidates with Vietnamese names who choose to put a candidate's statement in the Voter
Information Pamphlet and would like to put accents on their Vietnamese name in the Vietnamese
version must file this form with our office at the time of filing nomination documents.
Candidates for non-partisan elective offices must file the Candidate's Statement of Qualifications .
form. The statement is optional, but the form must be filed to indicate whether or not you wish
to have a statement appear in the Voter Information portion of the Sample Ballot pamphlet. See
the "Candidate's Statement of Qualifications" section of this guide for further information.
At the time an individual files his or her declaration of candidacy, nomination petition, or any
other paper evidencing an intention to be a candidate for public office, the elections official shall
give the individual a copy of the Code of Fair Campaign Practices and a copy of the provisions
ofCh. 5, Div. 20 ofthe Elections Code. 20440
13
CANDIDATE'S STATEMENT OF QUALIFICATIONS
****NEW PROCEDURE****
In the past, candidates in districts that encompassed more than one county were able to me
their candidate statement and estimated candidate statement fee for another county with
Santa Clara County. Santa Clara Cou,nty will no longer accept candidate statements and fees
for another c~unty. Candidates are required to go to each county Registrar of Voters office
and me a candidate statement and pay any applicable fees. Candidate statements med in
other counties must be med by the close of the iiling deadline for the specific office.
Candidates should contact each county to obtain the specific formatting guidelines and fees.
Each candidate for a nonpartisan elective office may submit a candidate statement for the Voter
Information portion of the Sample Ballot at the time that he or she files nomination papers. The
purpose of the voluntary candidate statement is to acquaint voters with the candidate's
qualifications for the office he or she is seeking. The candidate statement is incorporated into the
Voter Information portion of the Sample Ballot pamphlet and is mailed to all registered voters
eligible to vote for the candidate.
Content
A candidate's statement may contain the candidate's name, occupation, age, and a brief description
of their education and qualifications as expressed by the candidate. Statements shall not, in any
way, make reference to other candidates for office or to another candidate's qualifications,
character, or activities. The occupation listed on a candidate statement is not mandated to be the
same occupation listed as your ballot designation on the Declaration of Candidacy. The occupation
on the statement is not limited to the laws that apply to your ballot designation. Statements are
limited in length to not more than 200 words, unless the local jurisdiction has authorized an
increase to 400 words.
The candidate statement may not include any party affiliation of the candidate, nor include
membership or activity in partisan political organizations.
The use of jargon, colloquialisms, slang, or other such expressions is strongly discouraged.
Phrases such as "monster home" and "where's the beef' are difficult to translate appropriately into
other languages and the meanings are often misinterpreted or lost. For example, "monster home", a
local term for a home that is much larger than the other homes in the neighborhood, may be
incorrectly translated as a "home of monsters". Candidates are encouraged to keep the translation
process in mind when developing their statements and to use unambiguous and straightforward
vocabulary.
14
Format
Candidate statements are printed in the Voter Information portion of the Sample Ballot in block
paragraph format with standard indents at the beginning of each paragraph. In order to insure
uniformity of candidate statements, the candidate must prepare the statement as follows:
Type the statement in single spaced paragraph format and upper and lower case letters.
Each paragraph must begin with a standard indent. Statement must be typewritten or
computer printed.
Typeface of statement must be of uniform size and darkness with no unusual spacing. This
means no bullets, NO CAPITALS used for emphasis, underlining, bold face or italics will
be permitted.
Check the statement for errors in spelling, punctuation and grammar. Statements will appear
in the Voter Information portion of the Sample Ballot exactly as submitted by the
candidate. NO corrections or changes to content, format or spacing will be allowed after the
statement has been filed.
Statements must be confined to the maximum number of words, the maximum lines allowed
and the maximum character positions in a line. If blank lines between paragraphs are
contained in the statement, the blank lines will be included in the line maximum count.
Punctuation and spaces are included in the character position maximum count. A 200-word
statement has a maximum of 22 lines with approXimately 72 character positions per line. A
400-word statement has a maximum of 44 lines with approximately 72 character positions per
line. If your occupation requires more than one line, each additional line will be counted in
the maximum line count for the statement. Using a computer to determine a statement's word
count is not recommended. Please refer to "Rules for Counting Words" for guidelines on
computing word counts.
When candidate statements are translated into other languages, the amount of text increases. Some
of the translated candidate statements grow about 30% in size from the size of the original
statement. The 22 lines limit per 200 words candidate statement is an estimated number and may
vary depending on the length of words and characters in a line. Therefore, it may be necessary for
the Office of the Registrar of Voters to contact a candidate so that they reduce the number of lines
in their candidate statement; which is usually complied with by combining paragraphs.
Statements will NOT be accepted unless they conform to these uniform guidelines.
Restrictions
The candidate statement shall not include the party affiliation of the candidate, nor membership or
activity in partisan political organizations. Photographs of candidates are not permitted in the
sample ballot.
15
Confidentiality
The candidate statements shall remain confidential through the close of the nomination period for
the office sought. You may view or purchase copies of any candidate's statement beginning the
business day after the close of the nomination period.
Withdrawal
The statement may be withdrawn, but NOT changed, until5:00 p.m. of the next business day after
the close of the nomination period for the office sought. If a candidate statement is withdrawn, a
new one cannot be filed.
Translations of Statements
The candidate statements will be translated in the Chinese, Spanish, Tagalog and Vietnamese
languages, and will appear in the Voter Information portion of the Sample Ballot.
Challenge of Contents
There is a 10-calendar day public examination period immediately following the filing deadline of
candidate statements when the statements may be reviewed for potential legal action. During this
10-calendar day examination period, any voter of the jurisdiction in which the eiection is being
held, or any candidate may take legal action to challenge the contents of the statement. Our office
highly recommends if anyone wishes to pursue a legal challenge and obtain a writ of mandate to
amend or delete any portion of a candidate's statement, this legal challenge should be filed
immediately. Refer to the "Legal Examination and Writs of Mandate" section in this guide for
more information.
Liability
Nothing in this section shall be deemed to make any such statement or the authors thereof free or
exempt from any civil or criminal action or penalty because of any false, slanderous or libelous
statements offered for printing or contained in the Voter Information portion of the Sample Ballot.
Any candidate who knowingly makes a false statement of material fact in a candidate statement,
prepared pursuant to Elections Code Section 13307, with the intent to mislead the voters in
connection with his or her campaign for:n.Qnll.n~tion ofelectio:nto a nonpartisan office is punishable
byafine not to exceed$i,oo6. -- ....
Pursuant to the census population results and the Federal Voting Rights Act of 1965, our office is
mandated by the federal government to print and distribute election materials, including candidate
statements in the Sample BallotsNoter Information Pamphlets in five (5) languages: Chinese,
English, Spanish, Tagalog and Vietnamese.
Each district's governing board determines the number of words in the statement, whether
the district or the candidate will bear the cost, and whether candidates are required to
deposit money in advance for their statements. At the time of printing this guide, the complete
16
listing of individual district regulations was not available. The complete list of regulations will be
provided to candidates at issuance of nomination documents.
The county elections official shall estimate the cost of providing the statement, based on current
estimates of actual costs of printing and distributing candidate statements (including printing,
handling, translating, and mailing). No statement will be accepted that is not accompanied by
payment of the estimated cost(s) unless the district does not require a deposit. Listed on the
following pages are the estimated costs for either a 200 word or a 400 word statement. These
estimated costs are provided to give a candidate an idea of what the fee will be. A candidate does
not choose to do either a 200 word or 400 word candidate statement, the district determines the
number of words for the candidate statement.
If district boundaries encompass multiple counties, a candidate must go to each county and file a
candidate statement and make any applicable payment.
Candidates who have filed a candidate statement will receive a full refund if that district's race
does not appear on the ballot due to insufficient filings. If actual costs are less than the pre-paid
estimated costs, candidates will receive a refund. If the actual costs are more than the estimated
costs, the district will be billed for the additional charges. The actual costs will not be determined
until after the election.
17
Estimated Costs for Candidate Statements
18
High School Districts
19
County Board of Education
Special Districts
20
RULES FOR COUNTING WORDS
The following guidelines are for computing the word count for candidate statements. The title,
occupation and age are not included in tlte word count, only the text of the statement is counted.
The Office of the Registrar ofVoters will make fmal determination of the word count.
Word(s)
Dates:
All digits (01/01/12) ......~ ....... One
Words and digits (January 1, 2012) ........................................ Two
Hyphenated words that appear in any generally available dictionary-, printed in the United
States within the past 10 years, shall be considered as one word. Each part of all other
hyphenated words shall be counted as separate words.
Example: mother-in-law= 1 word
one-half= 2 words
21
CAMPAIGN FINANCE DISCLOSURE INFORMATION
The Political Reform Act requires candidates to file campaign statements disclosing
contributions received and expenditures made. The statutory requirements of the Political
Reform Act are contained in 81000 through 91015 of the California Government Code.
Manuals and forms relating to campaign reporting obligations under the Act may be obtained
from your local elections official. Assistance and information on completing campaign
statements is provided by the Technical Assistance Division of the Fair Political Practices
Commission (FPPC) at (916) 322-5660, (866) 275-3772 or on their website at www.fimc.ca.gov.
Note: All campaign statements can be completed and printed on line on the FPPC website.
TIDS SECTION IS FOR GENERAL INFORMATION ONLY AND DOES NOT HAVE
THE EFFECT OF LAW, REGULATION OR RULE. IN CASE OF CONFLICT, THE
LAW, REGULATION OR RULE WILL APPLY. TIDS SECTION IS NOT
COMPREHENSIVE AND DOES NOT DETAIL ALL FILING REQIDREMENTS AND
OBLIGATIONS. FOR CURRENT COMPREHENSIVE INFORMATION, CONSULT A
FPPC MANUAL OR CONTACT THE FPPC.
Form 501 Candidate Intention Statement- This form announces the candidate's intention to
run for office. All candidates must file this form prior to solicitation or receipt of any
contribution, or expenditure of any personal funds used for the election. This form is considered
filed the date it is postmarked or hand delivered to the Office of the Registrar of Voters. Local
candidates complete parts 1 and 3 and state legislative candidates complete parts 1, 2 and 3. An
unsigned statement is not considered filed. You must file a separate Form 501 for each election.
Form 470 Officeholder and Candidate Campaign Statement-Short Form- Candidates who
do not anticipate spending or receiving over $1,000 during the calendar year, and do not have a
controlled committee, need to file this form.
Form 470 Supplement -After the candidate has filed a Form 470 and then subsequently
receives contributions (including monetary or non-monetary contributions, loans and the
candidate's personal funds) totaling $1,000 or more or makes expenditures totaling $1,000 or
more, is requiredto send written notification, (the Form470 Supplement) within 48 hours, to the-
Office of the Registrar of Voters, the Office of the Secretary of State and to each candidate
seeking the same office. Regular mail may not be. used. Send by FAX, guaranteed overnight
delivery or personal delivery. The candidate must file a Form 410 Statement of Organization
within 10 days of receiving over $1,000 in contributions.
22
Candidates who DO anticipate spending or receiving OVER $1,000
Please refer to the appropriate manual for further details on filing requirements. Below is a brief
description of some of the forms you may be required to file. FPPC forms are available from the
FPPC's website or at the Office ofthe Registrar of Voters.
Form 501 Candidate Intention Statement - Same requirements as stated on previous page.
Form 410 Statement of Organization - This completed form must be filed with the Secretary
of State's Political Reform Division (original) and with the Office of the Registrar of Voters
(~opy), within 10 days of receiving $1,000 in contributions or spending $1,000 in expenditures.
The term "contribution" includes monetary payments, loans and non-monetary goods or services.
You will need to establish a campaign contribution account at any fmancial institution located in
California before you can complete the Form 410. 1) All contributions or loans made to the
candidate, to a person on behalf of the candidate, or to the candidate's controlled committee shall
be deposited in the account. 2) Any personal funds which will be utilized to promote the election
of the candidate shall be deposited in the account prior to expenditure. 3) All campaign
expenditures shall be made from this account.*
Government Code 85201
Exception: *The $1,000 threshold does not apply to a candidate's payment of a filing fee
and/or statement of qualifications from his/her personal funds.
Upon filing of the Form 410 with the Office of the Secretary of State, they will issue you a
committee ID number, which you must include on all subsequent disclosure filings. A Form 410
may be filed prior to the receipt of$1,000 in order to obtain an ID number and/or to submit bank
account information. However, within ten days of receiving or spending $1,000 or more, you
must file an amended Form 410. The date you qualify as a committee is the date you received
$1,000 or more. Any time you change any information listed on a previously filed Form 410,
such as addresses or treasurer information, you must flle an amended Form 410. All amended
forms must be filed with both the Secretary of State/Political Reform Division and the Office of
the Registrar of Voters.
A committee that qualified during the last 16 days prior to an election, and makes independent
. expenditures totaling $1,000 or more to support or oppose a candidate or candidates being voted
on in the election, must me the information required on the Form 410 within 24 hours. The
Form 410 must be faxed, sent by guaranteed overnight delivery, telegram, personally delivered
or online (if online filing is available). Government Code 84101
Once you have filed your Form 410 and have been assigned your ID number, you will file the
Form 460 Recipient Committee Campaign Statement according to the filing calendar set by the
FPPC. Your ID number must appear on every form you file during your campaign. ALL
candidate controlled committees MUST FILE the Form 460 by the appropriate deadlines for
each filing period. If you do not me your campaign statement' by the deadline, you are
subject to a fine. Local candidates file their Form 460 reports only with the Office of the.
Registrar ofVoters.
The Form 410 is also used to terminate your committee upon fulfilling all applicable
requirements.
23
Form 460 - Recipient Committee Campaign Statement - For use by a candidate or
officeholder not eligible to file the short form (Form 470) or who is filing jointly with one or
more controlled committees. A controlled committee is one that is controlled directly or
indirectly by a candidate or which acts jointly with a candidate or controlled committee in
connection with the making of expenditures. This form is where all contributions, expenditures,
and loans are itemized and reported for.
Form 496 - Late Independent Expenditure Report - This form may be used to report a late
independent expenditure and must be filed within 24 hours of making the independent
expenditure and each time $1,000 or more is spent to support or oppose a single candidate or
measure during the 16 days immediately prior to the election in which the candidate or measure
is being voted on. This form must be filed by fax, guaranteed overnight delivery, or personal
delivery. Regular mail may not be used. (Government Code Section 85501 prohibits a
candidate's controlled committee from making an independent expenditure to support or oppose
another candidate.)
Form 497 - Late Contribution Report - This form may be used to report a late contribution
made or received. Late contributions must be reported within 24 hours of receiving a monetary
or nonmonetary contribution, including a loan, or a combination of monetary and nonmonetary
contributions and loans that total $1,000 or more from a single source, during the 16 day period
preceding the election in which the candidate or measure is to be voted on. Regular mail may
not be used to file this report. File by fax, guaranteed overnight delivery or personal delivery.
All committees must file reports by the filing deadline for the specific period set by the FPPC.
These dates are set by law and cannot be changed. You will be required to amend your
statement if your report does not list the correct reporting period. All committees should file by
the appropriate method of delivery: Please note that for the statement due October 25, 2012,
you are required to deliver your statement in person or by guaranteed overnight service. A
copy of the current FPPC calendar is in this section.
Campaign statements that contain 30 pages or less may be faxed provided that the faxed copy of
the campaign ~tatem~gt is!!J.~ exact copy gf the 9riWctl ve:r_sjqn, 'I]t~_qdgin~J v~rsiQn_must be __
sent by first class mail, guaranteed overnight delivery, or delivered personally within 24
hours of the applicable deadline. (JQVyJJ:llTI.ent Code 81007
24
Fair Political Practices Commission
Candidates for Local Office
Committees Primarily Formed to Support/Oppose Local Candidates
Committee~ Primarily Formed to Support/Oppose Local Measures
Being Voted on November 6, 2012
1:""''--------------
July 31, 2012 thru - 6/30/12
J::~~~~~~!~~lll~~C~~~~~,~f~!~~~~f!J!~~{f~~~!~~,~!~~!~~~c)
460 All committees must file Form 460.
Semi-Annual 470 Incumbents and candidates who filed candidacy papers on or before June 30, 2012, and who do not
have open committees must file Form 470. (See Form 470 bullet below.)
!!;;;ICI.iL~::u officers whose salaries are less than $200 per month and judges who are not listed on a ballot are not required to
fiie the semi-annual statembnt du~ July 31 if no contributions were received or expenditures made from January 1 through June 30.
Primarily Formed Ballot Measu~e Committees:
I
Prior to the semi-annual period in which the measure(s) supported or opposed is being voted upon,
committees must file quarterly ca~paign statements in addition to semi-annual statements. Following the election, quarterly statements may also be
required.
Prohibition on Candidate 'Independent Expenditures: A controlled committee may not make independent expenditures to support or oppose candidates
and may not contribute to another committee for the purpose of making independent expenditures to support or oppose other candidates.
Form 470: Incumbents and candidates who do not have a committee or do not raise/spend $1,000 in 2012 may file Form 470. This form is filed only once
l~ter dJring the calendar year, a campaign committee must be opened, a Form 470 Supplement and the Form 460 must be filed.
during a calendar year. If,
Candidates: After an electibn, re~orting requirements will depend on whether the candidate is successful and whether a campaign committee is maintained .
Local jurisdictions may impose cohtribution limits and additional filing requirements .
All statements are public docume~ts .
. For important information, refer to 1www.fppc.ca.gov and click on the Candidates and Committees section. Candidates use Campaign Manual 2, and ballot
measure committees use Campaign Diselosure Manual 3 or contact the FPPC for specific information.
FPPC ONLINE ELECTRONIC FILING SERVICE
The Office of the Registrar of Voters launched its online electronic filing system on July
1, 2003 and in doing so, led the way for electronic filing of FPPC campaign statements at
the County level. The electronic filing system allows candidates and committees to file
their required FPPC campaign statements online anytime at their convenience with no
charge.
County Ordinance No. NS 300.639, indentifies mandated electronic filers as Santa Clara
County elected officials, candidates and committees. Candidates for all other offices may
voluntarily choose to use the online filing system. The Registrar of Voters encouragers
all other elected officials, candidates and committees filing with Santa Clara County to
take advantage of using the free online filing system.
The ordinance requires that whenever any elected County official, candidate or
committee (also referred to as "filer") is required by the California Political Reform Act
to file a semi-annual campaign statement, pre-election campaign statement, amended
campaign statement, or supplemental pre-election campaign statement with the Office of
the Registrar of Voters, the filer must file a copy of the report electronically in the format
prescribed by the Registrar of Voters in addition to the paper copy. The requirement of
filing an electronic campaign statement does not abrogate any requirement in the
. California Political Reform Act that paper copies are filed.
Electronic filing of campaign statements in Santa Clara County brings many benefits, one
of which is that all electronically filed campaign statements are viewable (with addresses
redacted) online, providing easier public access to campaign statements. The electronic
online filing program is available at no charge to all filers. If you have any questions
about the service, please contact the Candidate and Public Services Division at (408) 299-
. 8639.
27
STATEMENT OF ECONOMIC INTERESTS
With the passage of Senate Bill 512, effective January 1, 2008, all candidates for elective office
are required to file a Statement of Economic Interests Form 700 no later than the final filing date
of the Declaration of Candidacy, to disclose their investments, their interests in real property, and
any income received during the immediately preceding 12 months.
For candidates who have already filed an annual Form 700, simply submit a copy of the filed
form with a new original cover page with the. box for candidate marked, provided there is no
change since the last annual form was filed.
This statement shall not be required if the candidate has filed, within 60 days prior to the filing of
his/her Declaration of Candidacy, a statement for the same jurisdiction and marked both boxes
(Annual Statement and Candidate Statement) pursuant to Government Code 87202 or
87203. Those candidates who indicate that, as incumbents, they have filed a statement within the
past 60 days and marked both boxes (Annual Statement and Candidate Statement), will be
asked to sign an exemption form.
The Registrar of Voters is the filing officer for Statements of Economic Interests in conjunction
with candidacy for specified elective offices only. Assuming Office statements, Annual
statements, and Leaving Office statements are filed with the filing officer of the applicable
jurisdiction.
If a candidate is uncertain of his/her filings they should contact their local filing officer or
complete a new form marking the candidate statement box, which will satisfy the candidate's
requirements for running for office.
Candidates with detailed questions regarding the Statement of Economic Interests Form 700
should contact the Fair Political Practices Commission at (916) 322-5660 or (866) ASK-FPPC.
28
CODE OF FAIR CAMPAIGN PRACTICES
(Election Code Sections 20400-20444)
Background Information
In 1982, legislation was passed which established a "Code of Fair Campaign Practices" in
California which could be voluntarily subscribed to by candidates for public office. Amendments
in 1987 expanded the provisions of the code so as to apply to committees formed primarily to
support/oppose a ballot measure, and also reaffirmed civil liability provisions pertaining to libel and
slander in campaign advertising and communications.
The text of the provisions of the Code ofFair Campaign Practices is listed on the following pages.
The Office of the Registrar of Voters is required, at the time an individual is issued his/her
Declaration of Candidacy, nomination papers, or any other paper evidencing an intention to be a
candidate for public office, to provide the candidate a blank form on which to subscribe to the
"Code of Fair Campaign Practices" and a copy of the Elections Code provisions.
Voluntary Subscription
Subscription to the Code is voluntary. Completed forms are to be filed with the Office of the
Registrar of Voters and shall be retained for public inspection until30 days after the election.
29
PROVISIONS OF THE CODE OF FAIR CAMPAIGN PRACTICES
as found in Chapter 5 of Division 20 of the California Elections Code
20400. The Legislature declares that the purpose of this chapter is to encourage every candidate
for public office in this state to subscribe to the Code of Fair Campaign Practices.
It is the ultimate intent of the Legislature that every candidate for public office in this
state who subscribes to the Code of Fair Campaign Practices will follow the basic principles of
decency, honesty, .and fair play in order that, after vigorously contested, but fairly conducted
campaigns, the citizens of this state may exercise their constitutional right to vote, free from
dishonest and unethical practices which tend to prevent the full and free expression of the will of
the voters.
The purpose in creating the Code of Fair Campaign Practices is to give voters guidelines
in determining fair play and to encourage candidates to discuss issues instead of untruths or
distortions.
Article 2. Definitions
20420. As used in this chapter, "Code" means the Code of Fair Campaign Practices.
20440. At the time an individual is issued his or her declaration of candidacy, nomination
papers, or any other paper evidencing an intention to be a candidate for public office, the
elections official shall give the individual a blank form of the code and a copy of this chapter.
The elections official shall inform each candidate for public office that subscription to the code is
voluntary.
In the case of a committee making an independent expenditure as defined in Section
82031 of the Government Code, the Secretary of St~:~.te shall provide a blank form and a copy of
this chapter to the individual filing, in accordance with Title 9 (commencing with Section 81 000)
of the Government Code, an initial campaign statement on behalf of the committee. The text of
the code shall read, as follows:
20441. The Secretary of State shall print, or cause to be printed, blank forms of the code. The
Secretary of State shall supply the forms to the elections officials in quantities and at times
requested by the elections officials.
20442. The elections official shall accept, at all times prior to the election, all completed forms
that are properly subscribed to by a candidate for public office and shall retain them for public
inspection until 30 days after the election.
20443 .. Every code subscribed to by a candidate for public office pursuant to this chapter is a
public record open for public inspection.
20444. In no event shall a candidate for public office be required to subscribe to or endorse the
code.
30
"CODE OF FAIR CAMPAIGN PRACTICES
20440
There are basic principles of decency, honesty, and fair play which every candidate for public office
in the State of California has a moral obligation to observe and uphold in order that, after vigorously
contested but fairly conducted campaigns, our citizens may exercise their constitutional right to a free and
untrammeled choice and the will of the people may be fully and clearly expressed on the issues.
THEREFORE:
(1) I SHALL CONDUCT my campaign openly and publicly, discussing the issues as I see them,
presenting my record and policies with sincerity and frankness, and criticizing without fear or favor the
record and policies of my opponents or political parties that merit this criticism.
(2) I SHALL NOT USE OR PERMIT the use of character defamation, whispering campaigns, libel,
slander, or scurrilous attacks on any candidate or his or her personal or family life.
(3) I SHALL NOT USE OR PERMIT any appeal to negative prejudice based on a candidate's actual or
perceived race, religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, marital status,. age, sexual orientation, sex, including gender identity, or any other
characteristic set forth in Section 12940 of the Government Code, or association with another person
who has any ofthe actual or perceived characteristics set forth in Section 12940 of the Government
Code.
(4) I SHALL NOT USE OR PERMIT any dishonest or unethical practice that tends to corrupt or
undermine our American system of free elections, or that hampers or prevents the full and free
expression of the will of the voters including acts intended to hinder or prevent any eligible person
from registering to vote, enrolling to vote, or voting.
(5) I SHALL NOT coerce election help or campaign contributions for myself or for any other candidate
from my employees.
(6) I SHALL IMMEDIATELY AND PUBLICLY REPUDIATE support deriving from any individual or
group that resorts, on behalf of my candidacy or in opposition to that of my opponent, to the methods
and tactics which I condemn. I shall accept responsibility to take firm action against any subordinate
who violates any provision of this code or the laws governing elections.
(7) I SHALL DEFEND AND UPHOLD the right of every qualified American voter to full and equal
participation in the electoral process.
I, the undersigned, candidate for election to public office in the State of California or treasurer or
chairperson of a committee making any independent expenditures, hereby voluntarily endorse, subscribe to,
and solemnly pledge myself to conduct my campaign in accordance with the above principles and
practices."
Date Signature
Office/Jurisdiction:
----------------------------------------------------~
31
LAWS GOVERNING CAMPAIGN PRACTICES
Political Advertising
Any paid political advertisement that refers to an election or to any candidate for state or local
elective office and that is contained in or distributed with a newspaper, shall bear on each
surface or page thereof, in type or lettering at least half as large as the type or lettering of the
advertisement or in 10-point roman type, whichever is larger, the words "Paid Political
Advertisement". The words shall be set apart from any other printed matter. As used in this
section "Paid Political Advertisement" shall mean and shall be limited to, published statements
paid for by advertisers for purposes of supporting or defeating any person who has filed for an
elective state or local office. 20008
Local municipal jurisdictions have each established ordinances regarding political advertising
and signs. Refer to the "Outdoor Political Advertising Guidelines" section in this guide for
contact information for each of the city clerks in Santa Clara County to obtain further
information.
Every simulated ballot or simulated sample ballot shall bear on each surface or page thereof, in
type or lettering at leaSt half as large as the type or lettering of the statement or words or in 10-
point roman type, whichever is larger, in a printed or drawn box and set apart from any other
printed matter, the following statement:
''NOTICE TO VOTERS
"(Required by Law)
"This is not an official ballot or an official sample ballot prepared by the county
elections official or the Secretary of State.
Violations will result in a court injunction. Our office is available to review proposed ballot
simulations. 20009
:No person shall distribute, or cause to be distributed, literature to voters which includes the
designation of a voter's polling place other than the precinct polling place listed for that voter in
the latest official precinct polling place list prepared within 30 days prior to such distribution.
( 18302). Violations may result in criniinal penalties.
Candidates are requested not to distribute or mail campaign literature telling a voter where
his/her polling place is located. It is not only confusing to voters, but invariably some polling
place changes occur in the last few days before an election. In the past, candidates have mailed
or had distributed campaign literature telling voters to go to the wrong polling place. We are
sure you can understand the problems this causes for voters and our staff, as well as for the
candidate.
32
Mass Mailing/Campaign Literature
The definition of "Mass Mailing" is two hundred (200) or more identical or nearly identical
pieces of mail, but does not include a form letter or other mail which is sent in response to a
unsolicited request, letter or other inquiry. Government Code 82041.5
Effective April 6, 2011, all campaign committees, including candidate, ballot measure, general
purpose, major donor and independent expenditure committees, must provide the words "Paid
for by" when the committee sends a mass mailing. This identification must be presented in the
same size and color as the committee name-no less than 6 point type and in a color or print that
contrasts with the background and is easily legible. The words "Paid for by" shall be
immediately adjacent to and above or immediately adjacent to and in front of the committee
name and address. (FPPC Regulation 18435)
Example:
Paid for by Committee to Elect Doe to City Council2012, 1234 Main Street, Sacramento, CA
95555
(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 (a).
No candidate shall submit any nomination paper or declaration of candidacy knowing that any
part of it has been made falsely. ( 18203) Violations may result in criminal penalties. No
candidate shall attempt to mislead the public by pretending or implying by his statements or
33
conduct that he is an incumbent of a public office or that he has acted in the capacity of a public
officer when this is not the case. ( 18350) Violations may result in civil penalties. In the
occupational designation on the ballot, no candidate shall assume a designation which would
mislead the voters. 131 07
34
ELECTIONEERING ON ELECTION DAY
On Election Day, no person at any time shall be within 100 feet of a polling place or an
elections official's office and:
(b) Solicit a vote or speak to a voter on the subject of marking his ballot.
(c) Place a sign relating to voters' qualifications or speak to a voter on the subject of
his qualifications except as provided in Section 14240. No person other than the
precinct board or election official may challenge or question any voter regarding
his/her qualifications.
As used in this section "100 feet of a polling place or an election official's office" shall mean
a distance 100 feet from the entrance to the room or rooms in which voters are signing the
roster and casting ballots.
Any person who violates any of the provisions of this section is guilty of a misdemeanor and
if intimidation is used, a felony. (18370, 18541) Persons who conspire to violate Section
18543 (challenging without probab~e cause) are guilty of a felony.
Section 18403 of the Elections Code provides that any person other than an elections official
or a precinct board member who receives a voted ballot from a voter or who examines or
solicits the voter to show his or her voted ballot is punishable by a fine not exceeding ten
thousand dollars ($10,000), by state imprisonment for 16 months or two or three years, by
imprisonment in a county jail not exceeding one year, or by both the fine-and imprisonment.
This section shall not apply to persons returning an absentee ballot or persons assisting a
voter as provided by law.
Section 18540 provides that every person who makes use of or threatens to make use of, or
who hires or arranges for any other person to make use of or threaten to make use of, any
force, violence, or tactic of coercion or intimidation to induce or compel any other person to
vote or refrain from voting ;:~.t any election, or for any particular person or measure, or because
any person voted or refrained from voting for any particular person or measure at any election
is guilty of a felony punishable by state imprisonment for 16 months or two or three years.
Section 18544 provides that any person in possession of a firearm or any uniformed peace
officer, private guard, or security officer who is stationed in the immediate vicinity of, or
posted at a polling place without written authorization of the appropriate city or county
elections official is punishable by a fme not exceeding ten thousand dollars ($10,000), state
imprisonment for 16 months or two or three years, county jail term not exceeding one year, or
both the fme and imprisonment.
35
LEGAL EXAMINATION OF CANDIDATE STATEMENTS
AND WRITS OF MANDATE
Examination Period for Candidate Statements
After the filing deadline for candidate statements, the statements may be reviewed by the public for
10-calendar days. During this 10-calendar day examination period any voter of the jurisdiction in
which the election is being held may take legal action to challenge the contents of the statement.
The first filing deadline is August 10, 2012 and the 10-calendar day deadline would be August 20,
2012. The ext~nsion period filing deadline is August 15, 2012 and the 10-calendar day deadline
would be August 27, 2012.
We recommend that anyone wishing to pursue a legal challenge to a candidate statement file a
petition for a writ of mandate (along with an ex parte application) early in the 10-calendar day
period. Waiting until the end of the examination period leads to the risk that a judge may deny the
request due to the fact that any changes will interfere with the printing and distribution of the sample
ballots to voters.
(a) The elections official shall make a copy of the material referred to in Section 13307
available for public examination in the elections official's office for a period of 10-
calendar days immediately following the filing deadline for submission of those
documents. Any person may obtain a copy of the candidate's statements from the
elections official for use outside of the elections official's office. The elections official
may charge a fee to any person obtaining a copy of the material, and the fee may not
~-~~-~ exceed.the~actual-costincurred-by the- elections-official-in providing~ the copy-;---~-~~~ - -~
(b) (1) During the 10-calendar day public examination period provided by this section, any
voter of the jurisdiction in which the election is being held, or the elections official,
himself or herself, may seek a writ of mandate or an injunction requiring any or all of the
material in the candidates statements to be amended or deleted. The writ of mandate or
injunction request shall be filed no later than the end of the 10-calendar day public
examination period.
(2) A peremptory writ- of mandate or an injunction-shall issue only upon cleat and
convincing proof that the material in question is false, misleading, or inconsistent with
the requirements of this chapter, and that issuance of the writ or injunction will not
substantially interfere with the printing or distribution of official election materials as
provided by law.
(3) The elections official shall be named as respondent and the candidate who authored
_the material in question shall be named as the real party in interest. In the case of the
elections official bringing the mandamus or injunctive action pursuant to this subdivision,
the board of supervisors of the county shall be named as the respondent and the candidate
who authored the material in question shall be named as the real party in interest.
36
Procedure for Writs
Any person desiring to file an ex parte application for a writ of mandate may wish to consult the
California Rules of Court, Rules 3.1200 through 3.1207, in addition to any other relevant rules or
statutes, for the proper procedure. The California Rules of Court may be located online at the
California Judicial Council's website: http://www.courtinfo.ca.gov/rules.
Ex parte applications in Santa Clara County are heard at 8:15 a.m., Monday- Friday, at the
Santa Clara County Superior Court located at 191 N. First Street, San Jose.
Nothing in this section shall be deemed to make any such statement or the authors thereof free or
exempt from any civil or criminal action or penalty because of any false, slanderous or libelous
statements offered for printing or contained in the Voter Information portion of the Sample Ballot.
Any candidate in an election or incumbent in a recall election who knowingly makes a 'false
statement of a material fact in a candidate's statement, prepared pursuant to Section 11327 or
13307, with the intent to mislead the voters in connection with his or her campaign for
nomination or election to a nonpartisan office is punishable by a fme not to exceed one thousand
dollars ($1,000).
37
OUTDOOR POLITICAL ADVERTISING GUIDELINES
Within unincorporated areas of the county (areas not incorporated into one of the cities
within the county), the following County Code sections will apply:
2. No political sign shall exceed 16 square feet in surface area in any R1, RlE,
RHS, R1 S or R2 zoning district unless it is located on a vacant lot, in which case it shall
not exceed 32 square feet; and
3. Each political sign shall be removed within ten days following the final election
to which such sign relates.
C. Exception. This section shall not apply to commercial outdoor advertising structures
lawfully located in zoning districts under this ordinance and maintained by persons
licensed under California Business and Professions Code Div. 3, Ch. 2.
5.80.040 Enforcement
Pursuant to California Penal Code Section 836.5, the County Zoning Investigators are
authorized to enforce the provisions of this ordinance and to issue citations for violations
thereof. There shall be no civil liability on the part of, and no cause of action shall arise
against, any Zoning Investigator acting pursuant to this section and within the scope of his
()I he~ al}!}lority.
The Santa Clara County Office of P1CI11Iling provides enforcemc:mt of the CQunty Political
Sign Regulations. You may contact the Office of Planning at (408) 299-5770.
38
City Political Sign Regulations
The placement of signs within the city limits is regulated by each respective city. Listed
below is the contact information for each city/town clerk's office within Santa Clara
County. Please contact the appropriate city offi.ce(s) if you have any questions.
39
VOTER INFORMATION/ELECTION DATA/MAPS
Per confidentiality laws of 1995, voter information is confidential; however, there are specific
permissible exceptions to the law. The California Administrative Code, Title 2, Division 7,
Article 1, Section 19003, specifies permissible uses for any data obtained from voter registration
files. Permissible usage includes direct election campaigning, surveys in conjunction with an
election campaign, and distribution of information of a political nature. Data obtained from
voter registration or election files may not be sold, leased, loaned, reproduced, or possession
thereof relinquished without receiving written authorization to do so :from the Secretary of State
or the Office of the Registrar of Voters. Prohibited usage includes commercial purposes and
solicitations of contributions or services for any purpose other than on behalf of a candidate or
political party, or in support of or opposition to a ballot measure.
The voter registration database may be viewed from a public terminal in the lobby area of the
Office of the Registrar of Voters. The public viewing terminal is available during normal
business hours; Monday through Friday, 8:00a.m. to 5:00p.m. The public terminal screen does
not reveal confidential voter registration information. Confidential information includes such
items as: residential street address, telephone number, precinct number, occupation, driver's
license number and the last four digits of a social security number.
Viewing of the confidential voter registration database is only available in the Office of the
Registrar of Voters. To view the confidential voter registration database, a person will be
required to provide identification and complete an Application for Voter Information. The
confidential viewing terminal is available Monday through Friday, 8:00 a.m. to 4:45 p.m.
Voter information is available for purchase from the Office of the Registrar of Voters. . Voter
infonnation may be purchased only through our office at 1555 Berger Drive, San Jose. When
purchasing voter information, you will be asked to complete an "Application for Voter
Information" and explain in detail for what purposes the voter information will be used. All
orders for voter information must be paid for in advance and are processed in the order they are
received~ Orders are nowalso available through a FTP site; Generally, there is a l"-3 business
day turnaround.
Vote by Mail voter information requests require a 24 hour advance notice and will be available
for pickup on Monday, Wednesday, and Friday after 10:00 a.m. For more information, please
contact the Vote by Mail Division at (408) 299-8640.
Purchasing Maps
Maps are available for purchase from the Office of the Registrar of Voters. Maps may be
purchased at our office at 1553 Berger Drive, San Jose. Contact Bob Nguyen, Mapping Division
Coordinator, at (408) 282-3037 for more information on ordering maps.
40
VOTE BY MAIL
Any person, including candidates and members of campaign organizations, can distribute
applications for Vote by Mail ballots as long as the application meets the requirements of California
Elections Code Section 3007 as to its contents. The name of any organization, which authorizes the
distribution ofVote by Mail applications, shall be included on the application.
Upon request a Vote by Mail application form will be provided. The application form contains all
information required by law.
Any individual, organization or group which distributes applications for Vote by Mail ballots and
receives completed application forms back from voters, shall deliver the forms to the appropriate
elections official within 72 hours of receiving the completed forms. Elections Code Section 18576
makes it a misdemeanor to delay the proper return of a Vote by Mail application.
41
ELECTION DAY & CANVASS OF RESULTS
Election Officers assist the Office of the Registrar of Voters in conducting the election on
Election Day. The polls officially open at 7:00a.m. and close at 8:00p.m. on Election
Day. Any voter waiting in line to vote at 8:00p.m. will be allowed to vote. An Election
Officer's day begins at 6:00a.m. and does not conclude until approximately 10:00 p.m.
when they deliver the voted ballots, results cartridges, printers and precinct supplies to
the Return Center.
Under the direction of the Office of the Registrar of Voters, the optical scan ballots and
Direct Record Electronic (DRE) voting results cartridges are processed and tallied by
staff and paid volunteers at 1555 Berger Dr., San Jose. Beginning at approximately 8:05
p.m., results are available on our website at www.sccvote.org. The first results reported
are Vote by Mail ballots. The first Voting Precinct ballots received and checked in at the
Office of the Registrar of Voters will be processed, counted as quickly as possible and the
second update will occur at approximately 10:00 pm. If this target time cannot be met,
the Registrar ofVoters Website banner will be updated with information as to our current
situation and predicted update time.
Beginning at 8:00p.m., candidates, media representatives, and the public may view and
monitor election results in Media Room 181. Room 181 is located directly across from
the Auditorium and next to the Cafeteria. For more information about viewing election
results, please contact Elma Rosas, at (408) 282-3008.
Anyone is also welcomed to view the vote tabulation process. If you are interested in
viewing this process, please contact our office at (408) 282-3005 an~ we will be happy to
make the necessary arrangements so you can be escorted to the Public Viewing Area.
Thousands of voted Vote by Mail ballots are turned in at the polling places on Election
Day. Those ballots must be signature checked before they can be prepared for tabulation;
As a result, up to 20% of the total number of voted Vote by Mail ballots are not counted
and reported in-the-election results- until a -few days later, In addition, thousands-of - ------- -
provisional ballots are voted at the polling places on Election Day. The registration and
_ voting status ofeach of these provisional voters must be individually researched--for-------
eligibility before ballots can be counted. Researching and qualifying the provisional
ballots is a very time-consuming process. As a result, provisional ballots are not counted
and reported in the election results until the processing is complete.
Sometimes candidates in very close races request the Office of the Registrar of Voters to
immediately count the outstanding Vote by Mail and provisional ballots for the specific
election precincts constituting the jurisdiction of the office for which they are running.
The Office of the Registrar of Voters cannot accommodate this request because the
42
process is too disruptive to the overall tabulation process and too prone to human error,
i.e. the omission of some of the outstanding precinct ballots.
Election Results
As stated above, semi-official election results are also available anytime after 8:05 p.m.
Election Night on our website at www.sccvote.org. Election results will be available by
telephone to anyone wishing to monitor the returns. you may call (408) 299-8639 to
obtain election results.
The Office of the Registrar of Voters conducts an official canvass of the vote by mail and
polling place election returns. This process involves the reconciliation of ballots issued,
voter signatures, voted ballots and reported vote totals for each Vote by Mail and voting
precinct. In ~ddition, our office performs a 100% recount of all DRE machines, and 1%
manual recount. When completed, a certified statement of the election results is
submitted to the Secretary of State, Board of Supervisors, and each participating
jurisdiction. Pursuant to law, the Office of the Registrar of Voters has until December 4,
2012 to complete the canvass and certify the results. Anyone may view or purchase
copies of the fmal results in the Office ofthe Registrar ofVoters.
43
HELPFUL CONNECTIONS
Provided below is a quick reference of telephone numbers and Internet addresses to assist you- with
questions you may have during your campaign.
NetFile filerhelp@netfile.com
44
County of Santa Clara
Registrar of Voters
Dear Candidate:
Now that you have filed as a candidate, I want to personally encourage you to participate in
Smart Voter, a website owned by the League of Women Voters of California Education Fund,
which provides free web pages for candidates.
The Registrar's office is an active Smart Voter partner and urges you to take advantage of this
valuable opportunity to get your message out to your voting audience. Informed citizens are
more likely to vote.
The Smart Voter project provides an opportunity for you to let voters know who you are and
where you stand on the issues. This non-partisan project was developed by the League to utilize
Internet technology to inform voters about candidates and issues, and to provide a personal and
easy ballot lookup. Participation is free and open to all candidates. You can visit the Smart
Voter web site at www.smartvoter.org/ca/scl
Sometime after the close of the nomination filing period, you will receive a letter from the
Leagues of Women Voters of Santa Clara County providing information and instructions on how
to participate in the Smart Voter project.
Gamer
Registrar of Voters
Board of Supervisors: Mike Wasserman, George Shirakawa, Dave Cortese, Ken Yeager, Liz Kniss
Cou.nty Executive: Jeffrey V. Smith
45
ELECTION OFFICERS
NEEDED!
The Santa Clara County Registrar of Voters needs help at the
polls for the Presidential General Election on November 6,
2012. This is a great way to be a part of the democratic
process, serve your community, and make money for yourself
or your favorite organization. Experience not necessary! Paid
training (including for your convenience, on-line training) is
provided.
46
QUESTIONS FREQUENTLY ASKED BY CANDIDATES
No, each circulator of any petition must be a registered voter of the district or political subdivision
in which the candidate is to be voted on. Any number of qualified people may circulate petitions
for a candidate. A candidate may also circulate his or her own petition. A candidate is the only
person whom may circulate petitions in a county-besides the one they reside in.
What happens if some of the signatures I obtain on my nomination papers are not registered
voters or do not live within the jurisdiction I seek to represent?
File your nomination papers early to avoid the consequences of a problem of this type. The
Registrar of Voters must verify that the signatures on nomination papers are of registered
voters residing within the jurisdiction. Any signatures submitted of voters who do NOT reside
within the jurisdiction will be marked invalid and will not count towards your signature
requirements. If you wait until the last day to file and your sponsors' signatures, for any reason, are
insufficient, you will not qualify to be a candidate. If you file early, there will be time to check the
signatures and notify you of any insufficiencies. You may then have an opportunity to submit
supplemental signatures.
Yes, a candidate qualifies to view confidential voter information at the Office of the Registrar of
Voters. You can view the voter database and verify if a signer on your petition is registered to vote
and at what address. The public terminal is available for usage during normal office hours. There
are two terminals available and are used on a first come, first served basis.
The candidate filing period is July 16- August 10, 2012. Nomination documents may be picked up
at the Office of the Registrar of Voters or the district office. Nomination documents may only be
f1led at the Office of the Registrar ofVoters.
When is the candidate nomination extension period and can an incumbent file nomination
documents during an extension period?
The candidate nomination extension period is August 11, 2012- August 15, 2012. An incumbent
cannot file during an extension period as it is only for any other candidate to pick up or file their
nomination documents.
May I change or correct the wording or spelling on my candidate statement after submission?
No, you may not. Statements cannot be changed for any reason after they have been filed.
47
If I submit a voluntary candidate statement and I change my mind, may I withdraw the
statement and receive a refund?
Yes, with certain conditions. The candidate statement may be withdrawn, but not changed, during
the period for filing nomination papers and until5:00 p.m. of the next working day after the close of
the nomination period. lf you withdraw your statement within this time frame, you will receive a
refund. After this time frame, your statement cannot be withdrawn, nor a refund given. If you
withdraw your candidate statement, you will not be allowed to file another one.
No, our office is federally mandated to print our Sample BallotsNoter Information Pamphlets in
five languages: Chinese, English, Spanish, Tagalog and Vietnamese.
May my spouse, relative, friend or campaign manager pick up and/or file nomination
documents for me or can I mail them to you?
Yes, all forms may be picked up or filed by a candidate or a representative of the candidate.
However, if someone other than the candidate is picking up nomination papers, they must have
specific written authori~ation to do so. However, candidates are urged to file in person. The
reasons are twofold:
B. The signature of the candidate, as well as other data, is required on many documents
involved in the nomination process. lf through an oversight the nomination papers are
incomplete, the problem can easily be rectified when a candidate files in person.
lf the candidate wishes to mail the nomination papers, they must be sent by certified mail and arrive
in our office by the close of the nomination period, regardless of the postmark.
Yes, every candidate must file sonie type of financial documents at specified deadlines. Refer to
the "Campaign Finance Disclosure Information" section of this guide for more information.
48
I am unable to complete and file any of my FPPC campaign disclosure statements by the
filing deadline. May I obtain an extension and will I be fined?
No, there is no provision in the Political Reform Act that permits any filing officer to extend a filing
deadline. Statements that are filed late are subject to a fme of$10.00 per day until the statement is
filed. You may be fined for filing your statements late.
No, there are city, county and state regulations concerning placement of campaign signs. Please
refer to the "Outdoor Political Advertising Guidelines" section of this guide.
Can I charge with a credit card to pay my filing fee, purchase voter material, or to pay my
candidate statement fee?
How soon will a list of qualified candidates be available after the close of nomination?
. .
The nomination period ends at 5:00p.m. on August 10, 2012, but if an incumbent does not file, the
nomination period is extended until August 15, 2012. A list of local candidates will be prepared in
the following days, and should be available for distribution by noon on August 20, 2012. You may
come into the office and view the candidate list at no charge or purchase a copy of it.
Can I come into the Office of the Registrar of Voters on election night and view the
tabulation of the votes?
Yes, you can come into our office on election night and view the entire process of the vote
tabulation. All election night visitors must be escorted in our office so please call us ahead of time
to inform us that you will be coming to our office. Calling ahead helps us plan our staffing needs.
Yes, you may obtain the most up-to-date election night results on our website at www.sccvote.org.
Election law specifies documents required, as well as format, filing dates, etc. The filing
requirements are not discretionary.
49