Contributors and other persons making expenditures in political campaigns may have public reporting obligations depending on their level of activity.
Contributors (Major Donors)
Major Donor Campaign Statement
Individuals or entities who make contributions totaling $10,000 or more, in the aggregate, (including loans) to local office holders, candidates, and recipient committees in a calendar year must file “Major Donor” reports that disclose those contributions. These reports are filed semi-annually and, in some cases, during preelection reporting periods.
- FPPC Form 461 – Major Donor and Independent Expenditure Committee Campaign Statement
24-Hour Independent Contribution Reports
Major Donors may also have to file additional reports within 24 hours if they make contributions totaling $1,000 or more, in the aggregate, to a candidate for County Central Committee, a ballot measure committee, or a primarily formed candidate committee during the late reporting period. The late reporting period covers the 90 days prior to an election and the date of the election.
Also, under state law, recipient committees must file a 10-day contribution report when making contributions totaling $5,000 or more to support or oppose the qualification of a local ballot measure. Committees have ten days from the date on which the aggregate amount of contributions to a ballot measure committee reaches $5,000 to make the filing.
- FPPC Form 497 – 24-hour/10-day Contribution Report
The Fair Political Practices Commission has produced a comprehensive guide for Major Donors which explain the relevant reporting rules. It also has produced a filing deadlines schedule. Also, Major Donors should pay particular attention to C&GCC Section 1.135 which may require the filing of Supplemental Preelection Statements. Note that special reporting rules apply to nonprofit organizations that make contributions.
Major Donors who make more than 70% of their contributions in San Francisco, and do not make any state level contributions, must file their reports electronically with the Ethics Commission. Review the registration requirements to sign up for electronic filing. Please refer to the Fair Political Practices Commission’s (FPPC) Where to File Campaign Statements for questions related to your filing jurisdiction.
Persons or Entities Making Independent Expenditures
Independent Expenditure Campaign Statement
Any person or entity spending $1,000 or more, in the aggregate, of their own funds for independent expenditures that expressly advocate the election or defeat of a candidate or ballot measure must file disclosure reports semi-annually and, in some cases, during pre-election reporting periods.
- FPPC Form 461 – Major Donor and Independent Expenditure Committee Campaign Statement
24-Hour Independent Expenditure Reports
Any person or entity may also have to file a 24-hour late expenditure report if they make expenditures in connection with an advertisement/communication (e.g., billboard, flyer, poster, or mailing) totaling $1,000 or more, in the aggregate, that expressly advocates the election or defeat of a candidate for City elective office or a local ballot measure during the late reporting period. The late reporting period covers the 90 days prior to an election and the date of the election. Please see instructions for independent expenditure advertisements featuring local candidates for City elective office.
Additionally, recipient committees must file a 10-day report when making independent expenditures totaling $5,000 or more to support or oppose the qualification of a single local ballot measure or referendum outside of the 90-day election cycle. This disclosure must be made using the 24-hour/10-day Independent Expenditure Report.
- FPPC Form 496 – 24-hour/10-day Independent Expenditure Report
Please note: Media submissions pursuant to Campaign and Governmental Conduct Code Section 1.161(b) (e.g., mass mailing communication, print advertisement; video and audio advertisement including transcripts) must be attached to the corresponding filing within the NetFile system or a compatible third-party system. The Ethics Commission has prepared guidelines describing the electronic formatting specifications that represent the minimum and suggested quality for media submission to ensure communications are clear and legible and will successfully transmit to the Ethics Commission.
Verification of Independent Expenditures Report
FPPC Form 462 must be filed by email with the Fair Political Practices Commission (FPPC) within 10 days from the date the independent expenditure totals, in the aggregate, $1,000 or more in a calendar year to support or oppose a candidate or measure. Please refer to the Form’s instructions for the FPPC-designated email address.
- FPPC Form 462– Verification of Independent Expenditures
Independent Expenditure Mass Mailings
Any committee that pays for a mass mailing that constitutes an independent expenditure supporting or opposing a candidate for City elective office must file this Itemized Disclosure Statement and a PDF proof of the mailing within: 1) five (5) working days after the date of the mailing; or 2) 48 hours of the date of the mailing if the date of the mailing occurs within the final 16 days before the election. This disclosure must be electronically filed using Form SFEC-161. A mass mailing is over 200 substantially similar pieces of mail, including but not limited to fundraising solicitations and campaign literature that also advocate for or against one or more candidates for City elected office.
EXCEPTION: Committees making independent expenditures to support or oppose a candidate for City elective office are NOT required to file this statement during the time period that they are required to file 24-hour independent expenditures reports along with the itemization of the expenditures made for the communication(s).
Please note: Media submissions pursuant to Campaign and Governmental Conduct Code Section 1.161(b) (e.g., mass mailing communication, print advertisement; video and audio advertisement including transcripts) must be attached to the corresponding filing within the NetFile system or a compatible third-party system. The Ethics Commission has prepared guidelines describing the electronic formatting specifications that represent the minimum and suggested quality for media submission to ensure communications are clear and legible and will successfully transmit to the Ethics Commission.
SFEC 162 Electioneering Communications Report
An electioneering communication is a communication that: 1) refers to a clearly identified candidate for City elective office or a City elective officer who is the subject of a recall election; and 2) is distributed within 90 days before an election for the City elective office sought by the candidate or a recall election regarding the City elective officer to 500 or more persons eligible to vote in that election.
Any person making an electioneering communication of $1,000 or more per City candidate must file a Form 162 Electioneering Communications Report along with the corresponding communication within 24 hours of each distribution. The statement must be filed electronically. Statements due on a weekend or holiday are extended until the next business day.
Please note: Media submissions pursuant to Campaign and Governmental Conduct Code Section 1.161(b) (e.g., mass mailing communication, print advertisement; video and audio advertisement including transcripts) must be attached to the corresponding filing within the NetFile system or a compatible third-party system. The Ethics Commission has prepared guidelines describing the electronic formatting specifications that represent the minimum and suggested quality for media submission to ensure communications are clear and legible and will successfully transmit to the Ethics Commission.
SFEC Form 163 Member Communications Report
A member communication is a communication made by an organization or its committee for the publication, dissemination or communication to the organization’s members, employees or shareholders, or to the families of the organization’s members, employees or shareholders by newsletter, letter, flyer, e-mail or similar written or spoken material, that supports or opposes a candidate during the 90 days prior to an election.
Any person making a member communication of $1,000 or more per City candidate must file a Form 163 Member Communications Report, along with the corresponding communication within 24 hours of each distribution. The statement must be filed electronically. Statements due on a weekend or holiday are extended until the next business day.
Important: Media submissions pursuant to Campaign and Governmental Conduct Code Section 1.161(b) (e.g., mass mailing communication, print advertisement; video and audio advertisement including transcripts) must be attached to the corresponding filing within the Netfile system or a compatible third-party system. The Ethics Commission has prepared guidelines describing the electronic formatting specifications that represent the minimum and suggested quality for media submission to ensure communications are clear and legible and will successfully transmit to the Ethics Commission.
Disclaimer Requirements
City and state law impose “disclaimer” requirements on campaign advertising, including campaign mailers, radio and television ads, telephone, robocalls, and electronic media ads by political committees. “Paid for by (name)” is the basic disclaimer required on most campaign communications, but additional requirements do apply.
The Commission has produced charts setting forth the specific disclaimer rules for independent expenditures by particular types of political advertising: