March 5, 2024, Presidential Primary Election, Campaign Guide: Campaign Disclosure Requirements

Introduction

Note: Candidates and committees are encouraged to visit the Fair Political Practices Commission for information on new or revised rules and regulations.

California’s Political Reform Act of 1974 requires the following individuals/committees to file campaign finance statements disclosing contributions received and expenditures made:

• Candidates for state and local elective office, including:
  • Member, County Central Committee
  • State Senator
  • Member of the State Assembly
  • Superior Court Judge
  • County Supervisor
• Committees supporting or opposing state and local candidates
• All state and local elected officeholders (whether running for re-election or not)
• Proponents/opponents of state and local ballot measures who control a ballot measure committee

It is the responsibility of the candidate and or committee to be aware of and to file the required campaign disclosure statements in a correct and timely manner.  Government Code § 91013 provides for a late filing fine of $10 per day for the filing of any campaign disclosure statement after the deadline until the statement is filed.

California’s Political Reform Act of 1974 does not require candidates/officeholders for the following federal offices (or committees supporting or opposing them) to file campaign finance statements disclosing contributions received and expenditures made:

• President of the U.S.
• U.S. Senator
• U.S. Representative in Congress

However, the offices above do have federal campaign finance filing obligations. Find out more by visiting the Federal Election Commission.

Campaign Filing Obligations

Form 501 – Candidate Intention Statement

Note: This is not the form used to obtain a Committee Identification Number. See "Form 410 -- Statement of Organization" section below.

❖ Who files?

Any individual who intends to both:

• be a candidate for an elective state or local office
• receive any contributions or loans

Exception: Candidates for County Central Committee offices who do not intend to raise or spend $2,000 or more in a calendar year.

❖ When file?

Before a candidate solicits or receives any contributions (including loans) from others or before any expenditures are made from personal funds on behalf of his/her candidacy (excluding personal funds used to pay filing fees and/or fees for Statements of Qualifications).

❖ Where file?

• State Candidates: Secretary of State, Political Reform Division
• Local Candidates: Sonoma County Registrar of Voters

• ▶ Government Code §§ 85200, 85201

Form 410 – Statement of Organization

Note: This is the form used to obtain a Committee Identification Number.

❖ Who files?

Candidates or committees who have or anticipate soliciting or receiving contributions (including loans) or made expenditures totaling $2,000 or more in a calendar year (excluding personal funds used to pay filing fees and/or fees for Statements of Qualifications).

Note: All personal funds and/or 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 a campaign bank account prior to expenditure. All campaign expenditures shall be made from this account.

❖ When file?

Within 10 days of raising or spending $2,000 in contributions, or when closing a committee (see "Terminating a Committee" section below).

❖ Where file?

All candidates must file the Form 410 with the Secretary of State (Political Reform Division). Local candidates should also file a copy with their local filing officer.

A $50 fee made payable to the Secretary of State is also required once the $2,000 threshold has been met. Thereafter, the $50 fee is due annually no later than January 15. In addition to the $50 fee, a penalty of $150 may be assessed if payment is late.

• ▶ Government Code §§ 84101, 84101.5, 85201

Form 470 – Officeholder/Candidate Campaign Statement–Short Form

❖ Who files?

Candidates for office who expect to receive or spend less than $2,000 during the election and who do not have a controlled committee or committees.

Exceptions:

• Candidates for County Central Committee offices who do not intend to raise or spend $2,000 or more in a calendar year
• Officeholders whose salaries are less than $200 per month
• Judicial candidates who have not made or received contributions or made expenditures during non-election years
• Judges who do not receive contributions and who make personal expenditures of less than $1,000 or more in non-election years

❖ When file?

Either:

• When candidate completes Declaration of Candidacy
• No later than the filing deadline for the first pre-election campaign statement.

❖ Where file?

• State Candidates: Secretary of State (Political Reform Division)
• Local Candidates: Local filing officer

• ▶ Government Code §§ 84206(a), (b), 84207, 85201

Form 470 – Supplement

❖ Who files?

Any candidate who has already filed a Form 470 and who subsequently has $2,000 or more in receipts and/or expenditures prior to his/her election.

❖ When file?

Within 48 hours of reaching the $2,000 limit.

❖ Where file?

• State Candidates: Secretary of State (Political Reform Division) and each candidate running for the same office
• Local Candidates: Local filing officer and each candidate running for the same office

• ▶ Government Code §§ 84206(c), 85201

Form 460 – Recipient Committee Campaign Statement

❖ Who files?

Candidates for office who receive contributions or have expenditures of $2,000 or more must file pre-election and semi-annual campaign statements during the year in which their election is being held.

❖ When file?

• The semi-annual campaign statement (covering through December 31, 2023) is due no later than January 31, 2024
• The first preelection campaign statement (covering January 1, 2024, through January 20, 2024) is due no later than January 25, 2024
• The second preelection campaign statement (covering January 21, 2024, through February 17, 2024) is due no later than February 22, 2024;
• The semi-annual campaign statement (covering February 18, 2024, through June 30, 2024) is due no later than July 31, 2024.

Please refer to the Important Campaign Finance Filing Deadlines section of this Guide for more details.

❖ Where file?

• State Candidates: Secretary of State (Political Reform Division)
• Local Candidates: Local filing officer

• ▶ Government Code §§ 84200, 85201

Terminating a Committee

• Once contributions and expenditures for a particular office cease, all funds are expended, the ending cash balance is $0.00, and the bank account is closed, an original and one copy of Form 410 must be filed with the Office of the Secretary of State.  Additionally, you must file a copy of Form 410 along with an original of the final campaign statement (Form 460) with the Sonoma County Registrar of Voters.
• When file? Deadlines vary by the type of committee and office. There is no deadline for terminating a committee controlled by a local candidate or officeholder unless the controlling candidate/officeholder becomes a state officeholder local candidates -- see FPPC Campaign Disclosure Manual 2 (Info for Local Candidates), Chapter 11. (State candidates -- see FPCC Campaign Disclosure Manual 1 (Info for State Candidates), Chapter 11 for termination requirements).
• Primarily formed committees also do not have a deadline to terminate.  However, the committee, by its nature, may need to change its committee status if it remains open after the election.

• ▶ Fair Political Practices Commission (FPPC) Regulation § 18404; Government Code § 84214