When the election is over, it is important to remember that your responsibilities as a candidate have not ended. After the election, your future reporting requirements depend on whether you won or lost. In general, you need to continue to file campaign reports until you terminate your committee and/or you have left elective office. Your campaign may also be subject to audit by either the Ethics Commission or the Franchise Tax Board.
County Central Committee seats are NOT considered City elective offices and have different filing obligations. Candidates for these seats should see the Information for Candidates for County Central Committee page.
After an election, your campaign funds become surplus funds (see below to determine when funds become surplus). Surplus funds may be used only for the following purposes: returned to contributors on a “last in, first out” basis; donated to a charitable organization or the City; pay unpaid bills; or pay expenses as associated with terminating a committee such as bookkeeping, legal fees, preparation of campaign statements and audits.
Campaign funds become surplus when the candidate leaves office.
Campaign funds become surplus on the closing date of the post election reporting period.
In addition, if you received public funds, you must return any unexpended funds to the City. Unexpended funds are funds that remain in your account on the 30th day after the election, regardless of the source of the funds.
A candidate’s campaign may be subject to audit by the Ethics Commission or the Franchise Tax Board. Audits are conducted to determine whether candidates have complied with applicable requirements and prohibitions imposed by state and local law. The Ethics Commission randomly selects candidates and committees for audit, but local law requires that all candidates receiving public financing must be audited.
You may terminate your committee after:
- The committee’s bank account is closed and all cash is disposed (see Surplus Funds);
- The committee has no more activity to report; and
- The committee has no debt.
To terminate, you must do the following:
- File a FPPC Form 410. Check the “Termination” box and add the “Date of Termination,” which is the date the bank account was closed. File an originally signed form with the Secretary of State and two copies with the Ethics Commission; and
- Electronically file a FPPC Form 460 termination statement.
The reporting period of the Form 460 termination statement begins on the date after the previously filed Form 460’s end date and covers through the final date of the reporting period in which you terminate.