NOVEMBER 4, 2014 MUNICIPAL ELECTION SALINAS CITY COUNCIL

Transcription

NOVEMBER 4, 2014 MUNICIPAL ELECTION SALINAS CITY COUNCIL
NOVEMBER 4, 2014
MUNICIPAL ELECTION
SALINAS CITY COUNCIL
CANDIDATES’ INFORMATION
Salinas City Clerk’s Office
200 Lincoln Avenue
Salinas, CA 93901
(831) 758-7381
[email protected]
www.ci.salinas.ca.us
Business hours: Monday - Thursday, 8:00 a.m. to 5:30 p.m.
The City Clerk’s Office will open Friday, August 8, 2014, 8-5:30 p.m.
(For filing of Candidate Nomination Forms only)
TABLE OF CONTENTS
DISCLAIMER
QUALIFICATIONS FOR OFFICE
TERM OF OFFICE
INCOMPATIBILITY OF OFFICES
NOMINATION PROCEDURE
CANDIDATE’S STATEMENT/VOTER PAMPHLET
FAIR POLITICAL PRACTICES COMMISSION FILING
CAMPAIGN PRACTICES
FAIR CAMPAIGN PLEDGE
MONTEREY COUNTY ELECTION DATA
APPENDICES
Ballot Designations
Ballot Designation Worksheet
Word Count Information
Sample Candidate's Statement
Statement of Organization Fact Sheet Form 410
Treasurer’s Responsibility
Code of Fair Campaign Pledge
Election Dates to Remember
Permission to Post Personal Information on the Internet
City Council Meeting Rules and Compensation
2014 City Council Meeting Dates
City and Council District Maps
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DISCLAIMER
This handbook is intended to serve as a general reference guide. It is not
comprehensive and should not be relied on to ensure compliance with State or
Federal law. It is the candidate’s responsibility to ensure compliance with all
applicable laws. The candidate should consult his or her attorney for legal advice.
The City Clerk’s Office is unable to assist candidates with legal questions.
This handbook contains valuable information, will answer many of your questions,
and may help avoid challenges to your candidacy. Candidates are encouraged to
read the handbook and refer to it as needed.
Salinas City Clerk’s Office
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QUALIFICATIONS FOR OFFICE
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No person shall be eligible to hold the office of Mayor or Councilmember unless, on the date of
filing of nomination papers, he or she is a qualified elector of the City of Salinas, and unless he
or she has been a resident of the district of the City of Salinas for which he or she is running, or
territory lawfully annexed thereto, for at least twenty-eight days preceding the opening date for
the filing of nomination papers, and shall forfeit his or her office upon ceasing to reside therein.
(Salinas City Charter Section 5, http://library.municode.com/index.aspx?clientId=16597)
A person is disqualified from holding an office upon conviction of designated crimes as
specified in the Constitution and laws of the State. (Government Code Section 1021)
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TERM OF OFFICE
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The candidate with the highest number of votes will be elected. The term of office for Mayor is
two years. The term of office for Councilmember is four years.
The Registrar of Voters shall complete the canvass of the election results within twenty-eight
days of the election, or by no later than December 2, 2014. The City Clerk shall certify the
results to the City Council by no later than the next regularly scheduled meeting following
receipt of the canvass. The next regularly scheduled meeting after December 2nd is December
16, 2014.
Installation of elected and reelected officers shall take place after the City
Council’s declaration of the election results.
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INCOMPATIBILITY OF OFFICES
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The Political Reform Act does not prohibit any office holder from holding multiple public
offices or seeking more than one elective office. There are, however, instances of holding more
than one office that are considered incompatible.
Government Code Section 1099 stipulates that if public officials hold two different public
offices simultaneously, they must not have overlapping and conflicting public duties. Each
position must be a “public office” in order for this code section to apply (Gov. Code Section
1099 (c).)
Government Code Section 1099 does not allow for a person to hold two public offices
simultaneously if:
1. either of the offices exercises an auditing, removal, or supervising power over the other
office or body,
2. there is a considerable clash of loyalties or duties between the offices, or
3. if certain public policy considerations make it improper.
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In the case that a person were to hold an incompatible office, the person is “deemed to have
forfeited the first office upon acceding to the second.” (Gov. Code Section 1099(b).)
The Attorney General’s office has given numerous opinions on the subject of incompatible
offices. If you have any questions about whether two public offices would be considered
incompatible offices, contact your attorney, or the Attorney General’s office
(http://caag.state.ca.us).
There is no single statute that defines “incompatibility of offices”. However, as mentioned
above, the common law doctrine of incompatibility of offices prevents an elected official from
holding two offices simultaneously if the offices have overlapping and conflicting public
duties.
The State of California Attorney General’s Office has issued many opinions of particular
compatibility questions. Here are three examples of incompatible offices:
1. The offices of city councilman and school district board member where the city and the
school district have common territory.
2. Fire chief of a county fire protection district and a member of the board of supervisors
of the same county.
3. Water district director and school district trustee having territory in common.
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NOMINATION PROCEDURE
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Issuance
The nomination filing period opens on July 14, 2014. Only original nomination forms that are
issued by the Salinas City Clerk’s Office may be circulated for signatures.
Circulation of nomination form
Any person, including the candidate, who is 18 years of age or older may circulate the
nomination form. The circulator must complete the “Affidavit of Circulator.” [EC 102]
The filed nomination form must contain a minimum of twenty (20) and no more than thirty (30)
signatures from registered voters of the district for which the candidate is filing. If a voter signs
the nomination form of more than one candidate for the same office, the voter’s signature shall
count only on the first nomination paper that is filed.
Each signer shall personally print his or her name and affix his or her address on the nomination
filing form, unless otherwise allowed by California Elections Code. The printed name shall not
include titles, e.g. Dr. or Mrs. The residential street address must be affixed next to the
signature. Post Office box numbers and ditto are NOT acceptable and will not count toward the
minimum number of signatures required. The residence address must be the same as the
residence address on the affidavit of registration filed with the Monterey County Registrar of
Voters in order for the signature to count toward the minimum twenty signatures required to
qualify for the ballot. [EC 100]
Filing
The nomination form must be filed with the Salinas City Clerk’s Office by 5:30 p.m. on
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August 8, 2014. However, if an eligible incumbent officer holder does not file for reelection,
or fails to qualify, candidates other than the incumbent may obtain and file all required
nomination forms until 5:30 p.m. on August 13, 2014.
The City Clerk’s Office will remain open between 8:00 a.m. and 5:30 p.m. on Friday,
August 8, 2014 for purposes of issuing/filing of nomination forms only.
A $75 nonrefundable filing fee must be paid to the City of Salinas at the time that the
nomination filing form is filed. The payment may be by check or money order (cash payment
will only be accepted if conforming to California campaign committee laws). Debit and credit
cards are not accepted.
The nominee must complete the Nomination Form’s “Affidavit of Nominee,” including the
ballot designation and the candidate’s name as it will appear on the ballot. No title or degree
may appear on the same line as the candidate’s name. The candidate’s name will appear on the
ballot as stated on the Affidavit/Oath of Office on the Nomination Form. This should be
recognizable as the legal name under which he/she is registered, although the form of the name
need not be identical.
The ballot designation may include the nominee’s elected office title, may state “incumbent” or
“appointed incumbent” if applicable, or may state the nominee’s principal
profession/occupation/vocation described in no more than three words. Please refer to the
attached Candidate’s Ballot Designation for acceptable and unacceptable ballot designations.
The candidate must complete the attached Ballot Designation Worksheet and submit the form
when filing the Nomination Paper.
The nominee must complete the Nomination Form’s oath of allegiance in keeping with
Elections Code Section 200.
Once filed, the City Clerk’s Office will forward the nomination form to the Monterey County
Election Department to verify the eligibility of signatures. If the nomination form contains less
than twenty eligible signatures from registered voters, the City Clerk’s Office will issue a
Supplemental Nomination Form to the candidate. The circulator must obtain the requisite
supplemental signatures from eligible voters and the completed Supplemental Nomination Form
must be filed with the Salinas City Clerk’s Office prior to the close of the nomination filing
period.
All candidates are urged to file nomination forms as early as possible following the
opening of the nomination filing period. This is to allow sufficient time to gather
additional signatures if it is determined that the nomination form contains less than
twenty eligible signatures from registered voters within the district for which the
candidate is running.
Candidates are encouraged to obtain a “walking list” from the
Monterey County Election Department prior to obtaining signatures and filing the
nomination form with the City Clerk’s Office before the filing deadline.
Withdrawal of filing papers
After filing, the candidate may withdraw his/her nomination form until the end of the
nomination period for that office, but not after that time. The $75 filing fee is not refundable
and will be forfeited upon withdrawal.
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CANDIDATE’S STATEMENT/VOTER’S GUIDE
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Candidates may choose to file the optional candidate’s statement for printing in the Voters’
Guide. If the candidate elects to submit a statement, it must be submitted in electronic form,
e.g. CD, memory stick and a hard copy.
The Candidate Statement must be accompanied by a check or money order at the time of
nomination paper filing. The estimated cost is based on registered voters within the District as
follows: Mayor - $1,247.28; Council District 2 - $207.72; Council District 3 - $361.39; and
Council District 5 - $272.26.
Submitted statements may be withdrawn, but not changed, during the period for filing
nomination papers and until 5:00 p.m. of the next working day after the close of the nomination
period [California Elections Code 13307(a)(3)], following which it becomes a public record.
The cost will be reimbursed if the statement is withdrawn by the deadline.
The statement may not exceed 200 words. The word count begins after the Education and
Qualifications heading. See the attached word count information in the appendices.
The statement contains the candidate’s:
 Name
 Age (optional)
 Occupation (optional) – The occupation/designation listed in the optional candidate’s
statement for the voters’ guide is not subject to the three words, office/principal
occupation limitations of the ballot designation.
 A brief description of the candidate’s education and qualifications, not exceeding 200
words. The statement should be written in the first person.
The Election Department will translate the statement into Spanish, and the Voters’ Pamphlet
will include the statement in both English and Spanish. Please refer to the attached Sample
Candidate's Statement in the appendices.
RESTRICTIONS
The Candidate’s Statement shall not include the party affiliation of the candidate nor
membership or activity in partisan political organizations. [California Elections Code 13307(a)
(1)].
No statement shall contain any false, slanderous, or libelous statements [California Elections
Code 13307(d)]
The Statement describes the candidate’s education and qualification [California Elections Code
§13307(a)(1)]. The candidate’s statement shall not in any way make reference to other
candidates for that office or to another candidate's qualifications, character, or activities.
(Elections Code Section 13308)
The candidates’ statements will be made available for public examination for a period of 10
calendar days immediately following the filing deadline for submission of those documents.
During the 10-calendar-day public examination period, any voter of the jurisdiction in which the
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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 10calendar-day public examination period. (Elections Code Section 13313)
FORMATTING
Candidate statements will be printed in type of uniform size and darkness. All candidate
statements will be printed in justified/block paragraph form, however indenting the first line of
the paragraph will be allowed.
DO NOT USE ANY OF THE FOLLOWING:
Bolding, Italics, Bullets, Diamonds, Stars, Boxes, Circles, Check Marks, Asterisks,
Underlining, or ALL CAPITAL LETTERS (except in Titles and Acronyms).
BE ACCURATE! Documents will be printed as submitted.
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FAIR POLITICAL PRACTICES COMMISSION FILING
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Conflict of Interest, Form 700
A Statement of Economic Interests, Form 700, must be completed and filed with the City
Clerk’s Office prior to the end of the nomination filing period. The 700 form is also available
by clicking “Form 700” on the of the home webpage of the Fair Political Practices Commission
(FPPC) at www.fppc.ca.gov
The form may be completed on line and printed for signature. Successful candidates will also
have to complete Form 700 within thirty days of assuming office.
Campaign Statements
The City of Salinas has not adopted any local campaign contribution and expenditure filing
requirements. Candidates’ treasurers should familiarize themselves with the Fair Political
Practices Commission Campaign Disclosure Manual 2, which
may be found at
http://www.fppc.ca.gov/manuals/manual2local.pdf Please refer to the attached Statement of
Organization Fact Sheet to ensure timely acceptance of Form 410 by the Secretary of State. The
Secretary of State will reject a committee’s Statement of Organization (Form 410) that does not
contain all the required information outlined in the Fact Sheet. The name for all local
committees established for an election must include the candidate’s name, office sought and
year of the election. This is required even if the committee was formed before the amendment to
Regulation 18402 became effective.
Interactive Campaign Statement forms are available by clicking onto “Campaign” on the
FPPC’s home webpage at www.fppc.ca.gov . Forms may be completed online but may not be
filed electronically. The candidate must print, sign, and file the form with the Salinas City
Clerk’s Office.
The Political Reform Act is complex and stringently enforced by the Fair Political Practices
Commission. For monthly enforcement activity, please click on “Press Center” link at
www.fppc.ca.gov
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A candidate who has established a campaign committee should ensure that his/her treasurer is
qualified to meet the record-keeping and audit requirements as stated in the Political Reform
Act, including Government Code Section 84104 and Section 90000-90007, and as further
outlined in the California Code of Regulations, Title 2, Division 6, and the FPPC’S Campaign
Disclosure Manual 2 referenced above. See the attached Committee Treasurers Fact Sheet. The
City Clerk’s Office is unable to assist you with completion of campaign disclosure forms.
Violations of the Political Reform Act are enforced by the Fair Political Practices Commission.
The FPPC seeks to assist filers in complying with the Political Reform Act in order to avoid
violations and/or enforcement activity. Questions should be referred to the FPPC Technical
Assistance Division at their toll free telephone number, 1-866-275-3772, extension 2.
Representatives are available Monday through Thursday between 9 a.m. to 11:30 a.m. and 1:30
p.m. to 3:30 p.m. Representatives are very helpful in assisting callers.
SUMMARY OF CAMPAIGN DISCLOSURE FORMS
FORM NAME
DESCRIPTION
Form 501
Candidate Intention
Form 410
Statement of Organization
Basic form that must be filed prior to soliciting or receiving any
contributions.
To organize a committee and obtain a Committee ID Number from the
state. Form 410 must be filed within 10 days of receiving $1,000 in
contributions or expenditures.
Form 460
For use by candidate of office holder who has formed a controlled
Recipient Committee
committee, or who has raised or spent or will raise or spend $1,000 or
Campaign Statement
more during a calendar year in connection with an election to office, or
holding office.
Form 465
Officeholders, candidates, and committees that make independent
Supplemental
Independent expenditures totaling $1,000 or more in a calendar year to support or
Expenditure Statement
oppose a single candidate, a single measure, or the qualification of a
single measure must file Form 465.
Form 470
This form is used by candidates who do not have a controlled
Candidate and Office Holder committee, and do not anticipate raising or spending $1,000 or more in
Campaign Statement Short Form
a calendar year. If Form 470 is filed on or before the deadline for the
first pre-election campaign statement, no additional campaign statement
need be filed in connection with the election so long as total
receipts/expenditures remain less than $1,000.
Form 470 Supplement
A candidate who filed Form 470 in connection with an election and
subsequently receives contributions or makes expenditures totaling
$1,000 or more is required to file this form.
Form 496
Any committee that makes independent expenditures totaling $1,000 or
Late Independent Expenditure more to support or oppose a single candidate or single ballot measure
Report
during the 16 days immediately prior to the election in which the
candidate or measure is being voted must file a report within 24 hours
of the expenditure.
Form 497
Any committee that makes or receives a late contribution totaling
Late Contribution Report
$1,000 or more from a single source during the 16 days immediately
prior to the election in which the candidate or measure is to be voted on
must file a report within 24 hours of the contribution.
Filing deadlines for Campaign Disclosure Forms following the nomination filing period are as
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follows:
Filing Deadline
Type of Statement
Period Covered
July 31, 2014
Form 460, SemiAnnual Statement for
Candidates who
established Committees
prior to June 30, 2014
From Committee formation
to 6/30/14


Personal Delivery
First Class Mail
October 6, 2014
Form 460, 1st PreElection Statement
7/1/14 – 9/30/14


Personal Delivery
First Class Mail
October 23, 2014
Form 460, 2nd PreElection Statement
10/1/14 – 10/18/14



Personal Delivery
Guaranteed Overnight
Service
Personal Delivery
Guaranteed Overnight
Service
Fax
10/19/14 – 11/3/14


Personal Delivery
Telegram
October 19, 2014 through
December 31, 2014


Personal Delivery
First Class Mail
Within 24 Hours
Within 24 Hours
February 2, 2015
Form 497, Late
Contributions/ and
Independent
Expenditures
Any person qualifying
as a recipient
committee during the
16 days preceding an
election must file a
Form 410 within 24
hours by telegram or
personal delivery
Semi-Annual
10/19/14 – 11/3/14
Method of Delivery


The City Clerk has no authority to extend filing deadlines. Statements filed after the deadline
are late and are subject to penalties.
IMPORTANT FILING INFORMATION
The following are just a few important points to remember when completing FPPC forms.
Please consult the FPPC manuals for detailed instructions on completing campaign disclosure
forms.
CHANGE OF TREASURER, ADDRESS OR NAME OF COMMITTEE
If there is a change in any of the above, please file a Form 410 "Statement of Organization" with
the Secretary of State and a copy to the local filing officer (county elections/city clerk). Check
the amendment box on Form 410.
COMMITTEE I.D. NUMBER
The Committee I.D. number is issued by the Secretary of State approximately 2 weeks after
submitting the 410 form. It consists of at least six or seven digits. It is not a Federal I.D.
number.
SIGNATURES
Both the candidate and the treasurer are required to sign the forms. If the candidate/treasurer is
not available for signing when the report is due; send the report with just the one signature, but
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make sure to do an amendment showing the missing signature on the required form. When the
candidate is also the treasurer; the candidate must sign both the candidate/officeholder and
treasurer lines.
SUMMARY PAGE
Make sure totals on Schedules A through I are correctly carried forward to the Summary page.
Report zeros in columns/lines not used. Complete column A and B on summary page. You do
not have to include blank schedules that are not used during a reporting period.
SCHEDULE A - MONETARY CONTRIBUTIONS RECEIVED
List all contributions, expenditures, etc. on FPPC FORMS ONLY
You Do Not Have To List Contributors' Names or Addresses Who Donate less than $100.00.
List Occupation and Employer of Each Contributor
No contribution of one hundred dollars ($100.00) or more shall be deposited into a campaign
checking account unless the name, address (physical address - not P.O. Box), occupation, and
employer of the contributor is on file in the records of the recipient of the contribution. If
contributor is self-employed, enter name of business
Committees shall return within 60 days any contribution of $100.00 or more if the committee
does not have the contributor’s name, address, occupation and employer on file.
SCHEDULE E - PAYMENTS AND CONTRIBUTIONS
Report "Code" and "Description of Payment" when itemizing payments and/or accrued
expenses.
SCHEDULE E & G - PAYMENTS MADE & PAYMENTS MADE BY AN AGENT, ETC.
Payments made to a consulting firm are to be reported on Schedule E. The payments made by a
consultant to sub vendors must be entered individually and reported on Schedule G.
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CAMPAIGN PRACTICES
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Political Signs
The placement of political signs is subject to regulation by the state, county, or the city. The
City of Salinas’ sign ordinances are outlined in City Code Section 37-50.580(u). In accordance
with City Code Section 37-50.580(u), temporary noncommercial message signs, not exceeding
thirty-two square feet may be placed on private property in any zoning district for a maximum
of ninety days prior to an election. Such signs shall be removed within ten days after the
election. However, signs posted in conjunction with a primary election may be maintained until
ten days following the final election.
Mass Mailing
MASS MAILING; REQUIREMENTS (Gov. Code 84305)
Each candidate filing a Declaration of Candidacy is to be apprised of Government Code 84305,
which is produced here for your information:
a) Except as provided in subdivision (b), no candidate or committee shall send a mass mailing
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unless the name, street address, and city of the candidate or committee are shown on the
outside of each piece of mail in the mass mailing and on at least one of the inserts included
within each piece of mail of such mailing in no less than 6-point type which shall be in a
color or print which contrasts with the background as to be easily legible. A post office box
may be stated in lieu of a street address if the organization's address is a matter of public
record with the Secretary of State.
b) If the sender of the mass mailing is a single candidate or committee, the name, street
address, and city of the candidate or committee need only be shown on the outside of each
piece of mail.
c) If the sender of a mass mailing is a controlled committee, the name of the person controlling
the committee shall be included in addition to the information required by subdivision (a).
MASS MAILING DEFINITION (Gov. Code 82041.5)
“Mass Mailing" means over two hundred substantially similar pieces of mail, but does not
include a form letter or other mail that is sent in response to an unsolicited request, letter or
other inquiry.
MASS MAILING BY INCUMBENTS (Gov. Code 89001)
No newsletter or other mass mailing shall be sent at public expense.
Official Seal
(California Elections Code 18304)
Any person who uses or allows to be used any reproduction or facsimile of the seal of the
county or the seal of a local government agency in any campaign literature or mass mailing, as
defined in Section 82041.5 of the Government Code, with intent to deceive the voters, is guilty
of a misdemeanor.
(b) For purposes of this section, the use of a reproduction or facsimile of a seal in a manner
that creates a misleading, erroneous, or false impression that the document is authorized by a
public official is evidence of intent to deceive.
(c) For purposes of this section, the term "local government agency" means a school district,
special or other district, or any other board, commission, or agency of local jurisdiction.
(Salinas City Code Section 1-10)
No person shall use or allow to be used the city seal or any reproduction or facsimile of the city
seal or any use or design which is an imitation of said seal or of the design thereof, or which
may be mistaken for the city seal or the design thereof, for any purpose without the express
authorization of the city manager and the city clerk.
Political Advertising
POLITICAL ADVERTISEMENT REQUIREMENTS (California Elections Code 20008)
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 of lettering of the
advertisement or in 10-point Roman type, whichever is larger, the words “Paid Political
Advertisement.” Such 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.
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False or Forged Campaign Materials (Penal Code 115.2)
No person shall publish or cause to be published, with actual knowledge, and intent to deceive,
any campaign advertisement containing false or fraudulent depictions, or false or fraudulent
representations, of official public documents or purported official public documents.
For purposes of this section, “campaign advertisement” means any communication directed to
voters by means of a mass mailing as defined in §82041.5 of the Government Code, a paid
newspaper advertisement, an outdoor advertisement, or any other printed matter, if the
expenditures for that communication are required to be reported by Chapter 4 (commencing
with §84100) of Title 9 of the Government Code.
Any violation of this section is a misdemeanor punishable by imprisonment in the county jail, or
by a fine not to exceed $50,000, or both.
Pictures in Campaign Material (California Elections Code 20010)
(a) Except as provided in subdivision (b), no person, firm, association, corporation, campaign
committee, or organization may, with actual malice, produce, distribute, publish, or broadcast
campaign material that contains (1) a picture or photograph of a person or persons into which
the image of a candidate for public office is superimposed or (2) a picture or photograph of a
candidate for public office into which the image of another person or persons is superimposed.
"Campaign material" includes, but is not limited to, any printed matter, advertisement in a
newspaper or other periodical, television commercial, or computer image. For purposes of
this section, "actual malice" means the knowledge that the image of a person has been
superimposed on a picture or photograph to create a false representation, or a reckless
disregard of whether or not the image of a person has been superimposed on a picture or
photograph to create a false representation.
(b) A person, firm, association, corporation, campaign committee, or organization may produce,
distribute, publish, or broadcast campaign material that contains a picture or photograph
prohibited by subdivision (a) only if each picture or photograph in the campaign material
includes the following statement in the same point size type as the largest point size type used
elsewhere in the campaign material: "This picture is not an accurate representation of fact." The
statement shall be immediately adjacent to each picture or photograph prohibited by subdivision
(a).
(c) (1) Any registered voter may seek a temporary restraining order and an injunction
prohibiting the publication, distribution, or broadcasting of any campaign material in violation
of this section. Upon filing
a petition under this section, the plaintiff may obtain a temporary restraining order in
accordance with Section 527 of the Code of Civil Procedure.
(2) A candidate for public office whose likeness appears in a picture or photograph
prohibited by subdivision (a) may bring a civil action against any person, firm, association,
corporation, campaign committee, or organization that produced, distributed, published, or
broadcast the picture or photograph prohibited by subdivision (a).
The court may award damages in an amount equal to the cost of producing, distributing,
publishing, or broadcasting the campaign material that violated this section, in addition to
reasonable attorney's fees and costs.
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(d) (1) This act shall not apply to a holder of a license granted pursuant to the federal
Communications Act of 1934 (47 U.S.C. Sec. 151 et seq.) in the performance of the functions
for which the license is granted.
(2) This act shall not apply to the publisher or an employee of a newspaper, magazine, or
other periodical that is published on a regular basis for any material published in that
newspaper, magazine, or other periodical. For purposes of this subdivision, a "newspaper,
magazine, or other periodical that is published on a regular basis" shall not include any
newspaper, magazine, or other periodical that has as its primary purpose the publication of
campaign advertising or communication, as defined by Section 304.
Electioneering
100 FEET RULE
Pursuant to California Elections Code Section 18370 no person on Election Day shall, within
100 feet of a polling place:
 Circulate an initiative, referendum, recall or nomination petition or any other petition.
 Solicit a vote or speak to a voter on the subject of marking his ballot.
 Place a sign relating to voters' qualifications or speak to a voter on the subject of his/her
qualifications except as provided in 14240.
 Do any electioneering. This includes wearing buttons, T-shirts, stickers, etc. that promote a
candidate or issue on the ballot.
 Photograph, videotape, or otherwise record a voter entering or exiting a polling place.
As used in this section "100 feet from a polling place" shall mean a distance of 100 feet from
the room or rooms in which voters are signing the roster and casting ballots.
Elections Code Section 18541 provides that any person who violates the above provisions is
punishable by imprisonment in county jail for not more than 12 months or state prison. Any
person who conspires to violate this section is guilty of a felony.
ELECTIONEERING DURING VOTE BY MAIL VOTING
Pursuant to Elections Code 18371 no candidate or representative of a candidate, and no
proponent, opponent, or representative of a proponent or opponent, of an initiative, referendum,
or recall measure, or of a charter amendment, shall solicit the vote of a Vote by Mail voter, or
do any electioneering, while in the residence or in the immediate presence of the voter, and
during the time he or she knows the Vote by Mail voter is voting. Any person who knowingly
violates this section is guilty of a misdemeanor. This section shall not be construed to conflict
with any provision of the federal Voting Rights Act of 1965, as amended, or to preclude
electioneering by mail or telephone or in public places, except as prohibited by Section 18370,
or by any other provision of law.
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CODE OF FAIR CAMPAIGN PLEDGE
=======================================
The City Clerk’s Office issues the Code of Fair Campaign Practices to candidates pursuant to
California Elections Code Sections 20400-20444. The voluntary pledge in the appendices
may be completed and returned to the City Clerk’s Office.
While the pledge is not
mandatory, some organizations limit their political forums to candidates who have the
attached fair campaign pledges on file with the City Clerk’s Office.
==============================================
MONTEREY COUNTY ELECTION DATA PRICE LIST
==============================================
The following data may be purchased by contacting Chuck Cassinelli at the Monterey County
Registrar of Voters (ROV), 1370 B SOUTH MAIN STREET, PO BOX 4400,SALINAS, CA
93912, 831 796-1499,(Nob Hill Foods Shopping Center – Corner of Blanco & South Main
Streets) [email protected] ; Website: http://www.montereycountyelections.us
VOTER FILES ON COMPUTER DISKS
Complete Voter File on CD ………………………………………………………………… Contact ROV
District File on CD …………………………………………………………………………..
Contact ROV
Files are provided in dBase (*.DBF), or ASCII comma separated value (*.CSV) format.
DOWNLOAD FROM THE INTERNET
Complete Voter File (One-time download) …………………………………………..
Vote by Mail Voter File (Unlimited during Vote by Mail voting period ……
Prior Election Vote by Mail File ………………………………………………………….
Precinct/District File …………………………………………………………………………..
List of Elected Officials ………………………………………………………………………
Polling Place List ………………………………………………………………………………
Statement of Votes …………………………………………………………………………..
Monterey County Street File ………………………………………………………………
Voter Registration Counts ………………………………………………………………….
Election Calendar ………………………………………………………………………….
Contact ROV
Contact ROV
Contact ROV
FREE
FREE
FREE
FREE
FREE
FREE
FREE
VOTER LISTS ON PRINT-OUTS
Alpha List (Voters listed alphabetically) ……………………………………………
Walking List (Voters listed by residence address)
Contact ROV
Contact ROV
INDEX TO AFFIDAVITS OF REGISTRATION
The County Registrar of Voters shall supply no more than two (2) copies
of the printed indexes of the registered voters (as specified in Election
Code 2180) to any person, candidate, committee or organization who
qualifies under Section 2184 of the Election Code …………………………….
Contact ROV
MISCELLANEOUS LISTS AND REPORTS
Listed of Elected Officials ………………………………………………………………….
Polling Place Lists …………………………………………………………………………….
Street Guide …………………………………………………………………………………….
Miscellaneous reports on paper …………………………………………………………
15
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Contact ROV
Contact ROV
Contact ROV
Contact ROV