To: Candidates and their Controlled Committees
Primarily Formed Ballot Measure Committees
General Purpose Committees (Including Major Donor and Independent Expenditure Committees)
Committees Primarily Formed to Support/Oppose candidates being voted on the November 3, 2020 ballot
Please review information contained in this courtesy reminder pertinent to the Second Pre-Election filing deadline on October 22, 2020 that applies to Candidates, Primarily Formed Ballot Measure Committees, Primarily Formed Candidate Controlled Committees, General Purpose Committees (including Major Donors and Independent Expenditure Committees), and Committees Primarily Formed to Support/Oppose candidates being voted on the November 3, 2020 ballot.
Filing Requirements:
- All committees controlled by candidates being voted upon in the November 3, 2020 election must file Form 460. When a candidate or officeholder controls more than one committee for the purpose of election to office, all committees of that candidate or officeholder must file pre-election statements each time any committee statement is due (see Cal. Code Regulation Section §18405);
- All candidates who do not raise or spend $2,000 or more (or anticipate raising or spending $2,000 or more) in 2020, do not have an open committee, and have not already filed Form 470 for the current election/calendar year, must file Form 470 covering the calendar year. If later during the calendar year a campaign committee must be opened, a Form 470 Supplement and a Form 410 must be filed;
- All committees primarily formed to support or oppose local ballot measures being voted upon in the November 3, 2020 election must file Form 460;
- General purpose committees that make $500 or more in contributions, or expenditures during the pre-election period (excludes payments for costs related to the establishment and administration of the committee, such as legal and accounting fees and other expenses incurred in setting up and running a sponsored committee) must file Form 460. Major Donor and Independent Expenditure Committees must file Form 461; and
- Committees primarily formed to support or oppose candidates being voted on the November 3, 2020 ballot.
Please review Filing Schedules for additional information.
Reporting Period Covered:
The Pre-Election statement covers either reporting period:
a) the day after the closing date of the previous statement filed, through October 17, 2020;
or
b) if no statement was filed in 2020, the period covered is January 1, 2020 through October 17, 2020.
Late Filing:
Campaign statements that are filed late are subject to a $10-per day late fee for paper filings, and a $25-per day late fee for electronic filings. Please file your statements by the deadline to avoid late fee assessment.
Campaign Disclosures:
After you have filed your statements you can access the filings, campaign datasets, and data dashboards on our website at Campaign Finance Disclosure.
If have already filed your pre-election statement, or if you have reviewed your expenditures and determined that you are not required to file a supplemental pre-election statement, please disregard this notification.
KEY REMINDERS
- A candidate or an elected officeholder in one jurisdiction who runs for an office in another jurisdiction must file campaign statements for all committees she or he controls in both jurisdictions. (FPPC Regulation 18405)
New Laws/Policies
Reporting Contributions from Limited Liability Companies
A new FPPC regulation now requires that when a committee reports a contribution from an LLC, the committee must disclose (in addition to the name of the LLC) the name of an individual who directs the political contributions made by the LLC. If the committee does not receive the name of such individual from the LLC contributor, the committee must return the contribution. If an LLC qualifies as a recipient committee, the committee must include the name of such an individual on the statements and reports it files (PRA Regulation 18421.10).
As an added reminder, committees may have additional filing requirements associated with this deadline. Please find the attached memorandum advising committees of these additional filing requirements.
Complete Mandatory Training
Mandatory Training for Candidates & Treasurers (Candidate Committee)
Mandatory Training for Committee Treasurers (Non-candidate Committee)
Late Fees
Late filings are subject to a $10-per day late fee for paper reports, and a $25-per day late fee for electronic reports. Committees may pay late fees on-line with a debit/credit card or e-check. In certain limited instances, late filing fees may be waived according to existing Ethics Commission policy. For more information contact the Ethics Commission staff at ethics.commission@sfgov.org or 415-252-3100 .
After the Campaign: Additional Post-Election Reminders
Terminating a committee
Under the law, committees must continue to publicly report their campaign activities on a Form 460 until they formally terminate.
If no funds are left in a committee’s campaign bank account and it will not raise additional funds, the committee should close the account and terminate the campaign committee.
Before terminating, a committee must file all required campaign statements and disclosed all reportable transactions. This includes the disposition of leftover funds and elimination of all debts. The committee must also pay any outstanding late fees or fines prior to terminating.
HOW TO TERMINATE
To terminate, a committee must:
- File a Form 460 termination statement covering the day after the end date of the last filed Form 460 statement through the committee termination date, indicating a zero-ending cash balance; and
- File a Form 410 termination statement.
To learn more about the steps required to terminate as a political committee, including what committees may do with any money remaining in their campaign bank accounts, please contact the Commission’s Engagement and Compliance staff at ethics.commission@sfgov.org or 415-252-3100.
Audits
City law requires the Ethics Commission to audit all publicly financed candidates. The Ethics Commission may also select for audit any other committee. Committees are responsible for maintaining accurate and organized documentation of campaign records. See the list of records that committees must keep and provide for audit purposes.
Need More Information?
This e-mail is being sent to candidates and committees of record. If you have terminated your committee, are no longer seeking City elective office, or have questions, please contact our office at ethics.commission@sfgov.org or (415) 252-3100.