A. All
County campaign statements required to be filed with the Registrar
of Voters pursuant to this chapter shall contain the following information:
1. The information required by
Government Code Section 84211 and any
administrative regulations adopted pursuant thereto; and
2. Any information required by the Registrar of Voters.
B. All
County campaign statements required to be filed with the Registrar
of Voters pursuant to this chapter shall be on a form prescribed by
the Registrar of Voters.
(SCC 672 § 1, 1986; SCC
683 § 1, 1987; SCC 1642 § 15,
2019)
A. Within
90 days after an election for County elective office, each candidate
shall file a County campaign statement with the Registrar of Voters
itemizing all campaign contributions to the candidate, all campaign
expenditures by the candidate and any surplus funds. The County campaign
statement required by this section shall include all required information
current up through five calendar days before the date of filing.
(SCC 672 § 1, 1986; SCC
683 § 1, 1987; SCC 1642 § 15,
2019)
A. All
County campaign statements filed under this chapter shall be signed
under penalty of perjury and verified by both the candidate and the
campaign treasurer. The verification shall state that the candidate
and the campaign treasurer have used all reasonable diligence in its
preparation, and that to the best of their knowledge it is true and
complete.
B. A
campaign treasurer to comply with his or her duties with respect to
the preparation of County campaign statements shall:
1. Establish a system of record keeping sufficient to ensure that receipts
and expenditures are recorded promptly and accurately;
2. Either maintain the records personally or monitor such record keeping
by others;
3. Take steps to ensure that all requirements of this chapter concerning
the receipt and expenditure of funds and the reporting of such funds
are complied with;
4. Either prepare County campaign statements personally or review with
care the County campaign statements and underlying records prepared
by others;
5. Correct any inaccuracies or omissions in County campaign statements
of which the treasurer knows, and cause to be checked, and, if necessary,
corrected, any information in County campaign statements which a person
of reasonable prudence would question based on all the surrounding
circumstances of which the treasurer is aware or should be aware by
reason of his or her duties under this chapter.
C. A
candidate to comply with his or her duties with respect to the preparation
of County campaign statements shall:
1. Ascertain whether the treasurer is exercising all reasonable diligence in the performance of his or her duties including those duties specified under subsection
B;
2. Take whatever steps are necessary to replace the treasurer, or raise
the treasurer's performance to required standards, if the candidate
knows or has reason to know that the treasurer is not exercising all
reasonable diligence in the performance of his or her duties;
3. Review with care the County campaign statements prepared for filing
by the treasurer;
4. Correct any inaccuracies and omissions in campaign statements of
which the candidate knows, and cause to be checked, and, if necessary,
corrected, any information in County campaign statements which a person
of reasonable prudence would question based on all the surrounding
circumstances of which the candidate is aware or should be aware by
reason of his or her duties under this chapter; and
5. Perform with due care any other tasks assumed in connection with
the raising, spending or recording of campaign funds insofar as such
tasks relate to the accuracy of information entered on County campaign
statements.
(SCC 672 § 1, 1986; SCC
683 § 1, 1987; SCC 1642 § 15,
2019)
A. It
shall be the duty of the Registrar of Voters to determine whether
required County campaign statements have been filed. In order to fulfill
this duty, if the Registrar of Voters is aware that a candidate has
an obligation to file a County campaign statement and has failed to
do so, the Registrar of Voters shall notify the candidate of the obligation
to file a County campaign statement. In determining whether required
documents have been filed, the Registrar of Voters shall not be required
to conduct any investigation to determine whether or not a candidate
has an obligation to file a County campaign statement.
B. It
shall be the duty of the Registrar of Voters to determine whether
County campaign statements filed conform on their face with the requirements
of this chapter.
1. The Registrar of Voters, in determining whether County campaign statements
conform on their face with the requirements of this chapter, shall
not be required to seek or obtain information to verify entries on
a County campaign statement.
2. The Registrar of Voters, in determining whether County campaign statements
conform on their face with the requirements of this chapter, shall
review:
a. All statements to ensure that they contain the full name, residential
and business addresses and phone number of the candidate and the campaign
treasurer.
b. All statements to ensure that they have been signed, dated and verified
by the candidate and the campaign treasurer.
c. All statements to ensure that they are legible, are printed in ink
or typewritten, and that reasonable reproductions can be made.
d. All statements to ensure that beginning and closing dates for the
statement which are prescribed by law are accurate.
e. All statements to ensure that the following information is contained
in the statement:
i. The total amount of contributions received during the period and
the cumulative total amount of contributions.
ii.
The total amount of campaign expenditures made during the period
and the cumulative total amount of campaign expenditures.
iii.
The total amount of contributions received from persons who
have given $100 or more.
iv.
The total amount of contributions received from persons who
have given less than $100.
v. The total amount of campaign expenditures of $100 or more.
vi.
The total amount of campaign expenditures under $100.
vii.
The total amount of accrued expenses of $100 or more.
viii.
The total amount of accrued expenses of less than $100.
ix.
The balance of cash and cash equivalents on hand at the beginning
and end of the period.
x. For each person listed as contributor or lender of a cumulative amount
of $100 or more, the complete name, address, occupation and employer,
if any (or name of business if described as self-employed), cumulative
amount contributed, date and amount of contribution, and if the contribution
is a loan, the written agreement required by Section 2.115.360.
xi.
For each recipient committee listed as a contributor or lender
of a cumulative amount of $100 or more, in addition to the information
specified in subsection (x) above, the identification number assigned
to the committee by the Secretary of State or the full name and address
of the treasurer of the committee.
xii.
The following information must be provided for campaign expenditures
of $100 or more during the period: the complete name of the payee,
the address, the amount of each expenditure, a brief description of
the consideration for which the campaign expenditure was made and,
if the statement indicates a person other than the payee provided
the consideration, the complete name and address of the person providing
the consideration.
xiii.
The following information must be provided for accrued expenses
of $100 or more during the period: the complete name of the payee,
the address, the amount of each expenditure, a brief description of
the consideration for which the campaign expenditure was made and,
if the statement indicates a person other than the payee provided
the consideration, the complete name and address of the person providing
the consideration.
xiv.
For each committee listed as a recipient of a campaign expenditure
of $100 or more, in addition to the information specified in subsection
(x) above, the identification number assigned to the committee by
the Secretary of State or the full name and address of the treasurer
of the committee.
xv.
The information required by subsection
A of Section 2.115.545.
f. All statements to ensure that there are no gross or readily apparent
errors in arithmetic calculations.
C. It
shall be the duty of the Registrar of Voters to accept for filing
any County campaign statement which this chapter requires to be filed.
In those cases where the Registrar of Voters discovers in his or her
review of County campaign statements that a candidate has filed an
incorrect, incomplete or illegible statement, or a statement which
cannot be reproduced, he or she shall promptly notify the candidate
of the error or omission. However, no notification is required in
those cases in which the errors or omissions are minor ones which
do not recur throughout the statement. An error or omission in connection
with the identification of a donor or intermediary is minor if such
person is identified by name and either street address, occupation,
employer or principal place of business. An error or omission in connection
with the identification of the recipient of an expenditure or person
providing consideration for an expenditure is minor if such person
is identified by name.
D. Notwithstanding the provisions relating to minor errors or omissions set forth in subsection
C, a contribution of $100 or more shall not qualify for purposes of receiving funds from the Campaign Reform Fund pursuant to Section 2.115.540 unless the candidate's County campaign statement includes the following information with respect to each such contribution: the complete name, address, occupation, and employer, if any, (or name of business if self-employed), of the donor or intermediary.
(SCC 672 § 1, 1986; SCC
683 § 1, 1987; SCC 1642 § 16,
2019)
A. The
Auditor-Controller may make, or have made, investigations or audits
with respect to any County campaign statements required by this chapter,
or any campaign accounts for either County or non-County elective
office maintained by any candidate, at any time between the last day
for filing a Declaration of Candidacy for a County elective office
and one year following the date of the election in which a candidate
is elected to that County elective office.
B. Each
candidate who receives money from the Campaign Reform Fund shall be
subject to audit on a random basis with these candidates having a
50% chance of being audited.
C. Any
candidate whose campaign statements are subject to an investigation
or audit by the Auditor-Controller shall provide the Auditor-Controller
with all financial records, documents and any other information or
material requested by the Auditor-Controller.
(SCC 683 § 1, 1987; SCC
1642 § 16, 2019)