Each committee must file their first pre-election campaign disclosure statement by January 6, 2022 with the exception that committees may elect to skip this deadline and instead file a combined first and second pre-election statement by February 3, 2022 as outlined below.
Depending on the last filed report, the statement may cover one of the following periods:
If not combining the first and second pre-election reports the statement will cover a one day period:
January 1, 2021 through January 1, 2022
OR
If combining the first and second pre-election report:
from January 1, 2022 through January 29, 2022
Under state law, all active committees must file a campaign finance disclosure statement, even if no activity has occurred since the last filed statement.
Who Needs to File What?
The following filers must file campaign statements with the Ethics Commission:
Recipient Committee Campaign Statement
Who Needs to File?
- Non-candidate Recipient committees – General purpose, ballot measure and primarily formed candidate committees.
- Candidate committees – Candidate committees are controlled by a person(s) for the purpose of running for an elected office.
- Officeholders that terminated all of their committees prior to this calendar year (see key reminders below).
Major Donor and Independent Expenditure Committee Campaign Statement
Who Needs to File?
- Major Donor committee – An individual or entity that makes one or more contributions totaling $10,000 or more in a calendar year to political committees.
- Independent Expenditure committee – An individual or entity that makes independent expenditures of $1,000 or more per year on candidates or ballot measures.
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)
- Officeholders without an active committee are required to file a Form 470 (Officeholder Statement) covering calendar year 2021.
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).
Candidate Committee Termination Deadline
A revised FPPC regulation requires candidate committees to terminate their committee within 24 months after defeat, withdrawal, or leaving office (PRA Regulation 18404.1).
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:
- Close the committee bank account.
- 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?
Ethics Commission Staff are available to assist you with any compliance questions you may have. We encourage you to contact a member of our Engagement and Compliance Staff for further information at ethics.commission@sfgov.org. We can also be reached Monday through Friday from 8am to 5pm at 415-252-3100 and will be happy to help you.