City and County of San Francisco
Ethics Commission

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Table of Contents

• Additional Requirements of the Program
• Special Reporting Requirements: 24-Hour Notification Upon Reaching Certain Thresholds
• Submitting a Qualifying Request
• How Many Contributions Should I Include on a Qualifying Request?
• Required Information for Qualifying Contributions
• What Supporting Documentation is Needed?
• Review of Application
  • What Happens When a Candidate is Certified as Eligible to Receive Public Financing?
  • What Happens If Candidates Are Not Certified?
    • Refiling
    • Resubmission
    • Appeal to the Ethics Commission
  • What if a Candidate Withdraws or Fails to Qualify to Appear on the Ballot?
  • What if a Contribution in the Qualifying Request is Returned or Forfeited?
• Disbursement of Public Funds
  • How Much Public Funding Will Candidates Receive Initially?
  • When Will Candidates Receive Public Funds?
  • How Will Candidates Receive Public Funds?
    • Payments Issued by Check
    • Payments Issued by Electronic Transfer (ACH)
  • Payment is Not Final Determination
• Uses of Public Funds
  • What is a Qualified Campaign Expenditure?
  • What Are Non-Qualified Campaign Expenditures?
  • What happens if I use public funds on non-qualified campaign expenditures?

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After candidates have filed their Statement of Participation form and indicated they wish to participate, have raised the minimum required contributions, and have met all other eligibility requirements of the program (described below), candidates can submit a Qualifying Request and contribution list. The Qualifying Request may not be filed earlier than nine months before the election and must be received no later than the 70^th day before the election. Candidates are advised to file the Qualifying Request as early as possible to provide ample time to address any issues or technical difficulties with their application.

Additional requirements of the program

Candidates must continuously meet the following requirements in order to participate in the public financing program: 

Requirements for Candidates for Board of Supervisors

• Seek election to the Board of Supervisors and be eligible to hold office if elected.
• Be opposed by a candidate who has qualified for public financing or who has received contributions and/or made expenditures of $10,000 or more.
• Agree to a campaign spending limit (“Individual Expenditure Ceiling”) of $350,000 (amount subject to adjustment by the Ethics Commission).
• Do not accept any loans from third-parties, and do not loan or donate more than $5,000 in personal funds to the committee.
• Bear the burden of proving that each contribution used to establish eligibility is a qualifying contribution and that expenditures made with public funds were used only for qualified campaign expenditures.
• Do not make any payments to a contractor or vendor in return for the contractor or vendor making a campaign contribution to the committee; and do not make more than a total of fifty payments to a contractor or vendor who contributed to the committee.
• Agree to participate in at least three debates with opponents.
• Pay any outstanding fines owed to the City by the candidate or any committee for which the candidate was the controlling candidate or treasurer.
• File any outstanding statements, reports, or forms owed to the City by the candidate or any of their campaign committees.
• Have no finding by a court within the past five years that the candidate knowingly, willfully, or intentionally violated CFRO or the campaign finance provisions of the Political Reform Act.

Requirements for Candidates for Mayor

• Have no finding by a court within the past five years that the candidate knowingly, willfully, or intentionally violated CFRO or the campaign finance provisions of the Political Reform Act.
• Seek election to the Office of Mayor and be eligible to hold office if elected.
• Be opposed by a candidate who has qualified for public financing or who has received contributions and/or made expenditures of $100,000 or more.
• Agree to a campaign spending limit (“Individual Expenditure Ceiling”) of $1,700,000 (amount subject to adjustment by the Ethics Commission).
• Do not accept any loans from third-parties, and do not loan or donate more than $5,000 in personal funds to the committee.
• Bear the burden of proving that each contribution used to establish eligibility is a qualifying contribution and that expenditures made with public funds were used only for qualified campaign expenditures.
• Do not make any payments to a contractor or vendor in return for the contractor or vendor making a campaign contribution to the committee; and do not make more than a total of fifty payments to a contractor or vendor who contributed to the committee.
• Agree to participate in at least three debates with opponents.
• Pay any outstanding fines owed to the City by the candidate or any committee for which the candidate was the controlling candidate or treasurer.
• File any outstanding statements, reports, or forms owed to the City by the candidate or any of their campaign committees.

Important Note: the rules of the program apply to the candidate’s campaign activities both before and after the date of the election and do not cease at the close of the public financing application period.

See S.F. C&GC Code § 1.140 and SFEC Regulations § 1.140-1.

Special Reporting Requirements: 24-Hour Notification Upon Reaching Certain Thresholds

Requirements for Candidates for Board of Supervisors

Supervisorial candidates must file Threshold Notices (Form SFEC-152) when their total funds received (including public financing) or total expenditures made (including paid and unpaid expenses) reach certain levels. 

Initial Threshold Notice

Every candidate for the Board of Supervisors must file the Threshold Notice once they either received funds (including loans, nonmonetary contributions, and public financing) that total $10,000 or more, or has made/accrued expenditures that total $10,000 or more, whichever is greater. The initial Threshold Notice must be filed within twenty-four hours of reaching this threshold. All candidates who reach the $10,000 threshold must file the initial Threshold Notice regardless of their public financing status. 

Supplemental Threshold Notices

If at least one candidate in a supervisorial race has been certified as eligible to receive public funds, every other candidate running for the same seat must file a supplemental Threshold Notice within twenty-four hours after: 

1. the candidate has received contributions (including loans, nonmonetary contributions, and public financing) that total $100,000 or more, or has made expenditures (both accrued and paid) that total $100,000 or more; and
2. thereafter, when the candidate has received additional contributions, or has made additional expenditures, at every increment of $10,000 thereafter (e.g., at $110,000, $120,000, $130,000). For example, after filing an initial Threshold Notice and reporting $105,000 in total funds received, a candidate raises an additional $21,000 in one day. The candidate must file a Threshold Notice to indicate that they have reached the $120,000 threshold and have $126,000 in total funds raised.

Requirements for Candidates for Mayor

Mayoral candidates must file Threshold Notices (Form SFEC-152) when their total funds received (including public financing) or total expenditures made (including paid and unpaid expenses) reach certain levels. 

Initial Threshold Notice

Every candidate for the Office of Mayor must file the Threshold Notice once they either received funds (including loans, nonmonetary contributions, and public financing) that total $100,000 or more, or has made/accrued expenditures that total $100,000 or more, whichever is greater. The initial Threshold Notice must be filed within twenty-four hours of reaching this threshold. All candidates who reach the $100,000 threshold must file the initial Threshold Notice regardless of their public financing status. 

Supplemental Threshold Notices

If at least one candidate in a supervisorial race has been certified as eligible to receive public funds, every other candidate running for the same seat must file a supplemental Threshold Notice within twenty-four hours after: 

1. the candidate has received contributions (including loans, nonmonetary contributions, and public financing) that total $1,000,000 or more, or has made expenditures (both accrued and paid) that total $1,000,000 or more; and
2. thereafter, when the candidate has received additional contributions, or has made additional expenditures, at every increment of $50,000 thereafter (e.g., at $1,050,000, $1,100,000, $1,150,000). For example, after filing an initial Threshold Notice and reporting $1,035,000 in total funds received, a candidate raises an additional $21,000 in one day. The candidate must file a Threshold Notice to indicate that they have reached the $1,050,000 threshold and have $1,056,000 in total funds raised.

Important Note: The date a contribution is received is the date the committee obtains possession of the written instrument or cash, not the date it is deposited into the bank account.  Expenditures are considered made when goods or services are received or when payment is made, whichever occurs first. 

Submitting a Qualifying Request

In order to establish eligibility to receive public funds, in addition to meeting all other requirements of the program, candidates must submit a Qualifying Request with a contribution list and supporting documentation. The Qualifying Request, contribution list, and supporting documentation must be submitted electronically using the Commission’s free electronic filing system. When preparing the Qualifying Request, candidates will need to identify qualifying contributions totaling at least $10,000 (or $15,000 if an incumbent) from at least 100 unique contributors (or 150 contributors for incumbents).  

How many contributions should I include on a Qualifying Request?

As noted above, non-incumbent supervisorial candidates must demonstrate they have raised $10,000 from at least 100 contributors, and incumbent candidates must demonstrate they have raised $15,000 from at least 150 contributors. As there is always the chance that not all contributions included in the Qualifying Request will be approved, candidates are encouraged to submit more than the minimum required to improve the chances their Qualifying Request is approved. 

Required Information for Qualifying Contributions

When completing a Qualifying Request and contribution list, candidates must provide the following information for each contribution: 

• Name of contributor 
• Address of contributor’s primary residence (business, P.O. Box, or other non-residential addresses are not acceptable)
• Amount of qualifying contribution and the date it was received 
• Deposit date and deposit batch number 
• Method of payment 
• Occupation and employer information if the cumulative amount that was received from the contributor for the calendar year is $100 or more

See SFEC Regulations 1.142-2(c) and 1.142-3(a).

What Supporting Documentation is Needed?  

As noted above, the type of supporting documents needed will vary depending on the contribution payment method. At a minimum, for each contribution  included on a Qualifying Request there should be sufficient supporting documentation to establish: 

1. the contribution was received by the committee; 
2. the contribution was deposited into the committee’s bank account; and 
3. the contributor is a resident of the City & County of San Francisco. 

When preparing the Qualifying Request in NetFile, or other electronic filing system, supporting documentation must be attached to the specific contribution entry it relates to. (Please refer to the NetFile Filer Guide for further instructions on how to attach supporting documentation.) The only exception is the credit card transaction report that must be sent directly to the Ethics Commission by the committee’s credit card vendor (see “Contributions Made by Credit Card” above). Any supporting documentation that is not filed electronically with the candidate’s submission will not be considered or reviewed. Ethics Commission staff review each submission on its own standing and will not reopen prior submissions to review previously submitted supporting documentation.  

Please note: The contributor information contained in the Qualifying or Matching request must match the information in the supporting documentation. Any discrepancies or inconsistencies may result in a contribution being rejected, including instances where the contributor’s name or address have changed. 

See S.F. C&GC Code § 1.109 and SFEC Regulations 1.104-2 and 1.142-3.

Review of Application

Once the Commission has determined that a candidate meets all other requirements for the program, the candidate’s Qualifying Request, contribution list, and supporting documentation will be reviewed to determine if the candidate meets the minimum fundraising requirement.  The Executive Director may audit committee records and take whatever steps they deem necessary to determine eligibility.  At any time prior to the Executive Director making a final determination regarding a candidate’s current submission, the candidate may notify the Commission of their intent to withdraw and refile the Qualifying Request (see “Refiling” under “What happens if candidates are not certified?” below).

See S.F. C&GC Code § 1.142(c).  

What happens when a candidate is certified as eligible to receive public financing?

If the Executive Director determines that a candidate has satisfied all the requirements described above (and detailed in Section 1.140 of the CFRO), they will notify the candidate and certify to the Controller that the candidate is eligible to receive public funds.  The Executive Director will make their determination within 30 days from the date the Qualifying Request is filed, provided that all determinations are made by the 55^th day before the election. The Executive Director may conditionally certify a candidate if they satisfy all the requirements of Section 1.140 but are not yet opposed by a qualified candidate who is eligible to receive public financing or who has received contributions or made expenditures that equal or exceed $10,000. 

Reminder: All payments of public funds must be deposited into the campaign contribution trust account of the candidate’s election committee.

See S.F. C&GC Code § 1.142(e); SFEC Regulations § 1.142-6. 

What happens if candidates are not certified?

If the Executive Director determines the Qualifying Request is incomplete or otherwise inadequate to establish eligibility, candidates will receive written notification that the submission was rejected and candidates will not be certified.  If the Qualifying Request is not approved, candidates may be able to refile or resubmit the Qualifying Request, as described below.

Refiling

Up to the 70^th day before the election, a candidate may refile their Qualifying Request. This refiling may include qualifying contributions and supporting documentation not included in previously submitted requests. Before refiling a Qualifying Request, candidates must notify the Ethics Commission in writing (email is acceptable) that they intend to withdraw the current Qualifying Request and refile a new Qualifying Request. Candidates may continue to withdraw and refile new Qualifying Requests provided that no refiling is submitted after the 70^th day before the election. 

Resubmission

After the 70^th day before the election, if a candidate is notified their Qualifying Request has been rejected, a candidate may only resubmit their Qualifying Request.  This resubmission must be filed within five business days from the date of notification, provided that all resubmissions are filed by the 60^th day before the election. The resubmission may not include new qualifying contributions not previously submitted, but may include additional supporting documentation. Additional resubmissions may be permitted at the Executive Director’s discretion, provided that no resubmission is filed later than the 60^th day before the election. If candidates do not resubmit by the deadline, or if no resubmissions are permitted, the Executive Director’s decision is final. 

Appeal to the Ethics Commission

If the Executive Director makes a final determination that a candidate’s timely filed Qualifying Request fails to establish eligibility for public financing, the candidate may appeal the determination to the Ethics Commission. The candidate must deliver the written appeal to the Ethics Commission within five calendar days of notification of the Executive Director’s final determination. A candidate who has failed to timely file a Statement of Participation or Qualifying Request may not appeal his or her failure to meet a deadline to the Commission.

See S.F. C&GC Code § 1.142(g); SFEC Regulations § 1.142-6.

What if a candidate withdraws or fails to qualify to appear on the ballot?

If a candidate withdraws or fails to qualify to appear on the ballot in the election for which the public funds were provided, they will immediately be deemed ineligible to receive public funds and any submission pending or under review will be automatically rejected. If the candidate was previously approved to receive public funds, they must repay to the Election Campaign Fund the full sum of public funds received.  In addition, individuals who cease to be a qualified candidate must do any of the following with the balance of funds remaining in their account:  1) return contributions to donors on a last-in, first-out basis; 2) donate contributions to the City or a charitable organization; or 3) pay outstanding campaign debts or expenses associated with terminating a committee.  

See S.F. C&GC Code § 1.122(b) and 1.148(b). 

What if a contribution in the Qualifying Request is returned or forfeited?

If the committee returns to contributors or forfeits to the City any amount of a contribution approved in the Qualifying Request, candidates should immediately notify the Ethics Commission of the contribution(s) in question. Candidates may be required to submit a Matching Request (see “Submitting a Matching Request” below) with “replacement” contributions that meet the requirements of qualifying contributions and equal the amount of contributions that were returned or forfeited.  Additional matching funds will not be disbursed until a candidate resolves all matched contributions that were returned or forfeited. If a candidate cannot submit a sufficient amount of qualifying contributions to be used as replacements, the candidate may be required to forfeit funds equal to the amount of public funds matched to the returned or forfeited contributions. 

Forfeited contributions or public funds may be submitted to the Ethics Commission either by mail with a memo indicating the reason for forfeiture (including an itemized list of forfeited contributions) or electronically using the Online Late Fee Payment System (Select fee type: Remittance).

Disbursement of Public Funds

The Ethics Commission will notify the Controller’s Office in writing of all payments owed to candidates under the City’s public financing program. The Controller will disburse payments to candidates in accordance with the determinations made by the Executive Director.  Prior to the disbursement of any public funds, committees must submit a “Statement of Understanding Regarding Audits” signed and dated by the candidate and the committee.

How much public funding will candidates receive initially?  

Once the Qualifying Request is approved, and candidates are certified as eligible to receive public funds, the Commission will direct the Controller’s Office to disburse an initial grant of $60,000 to the candidate’s committee.  Additional funds may be disbursed based on the submission of a Matching Request. 

See S.F. C&GC Code § 1.144(d), SFEC Regulations § 1.144(f)-1. 

When will candidates receive public funds?

The earliest date public funds can be disbursed to candidates is the 142^nd day before the date of the election.  For the November 2024 election, this is Monday, June 17, 2024.  If a candidate is certified as eligible for public financing before this date, the Controller’s Office will disburse funds on this date. Candidates certified as eligible to receive public financing will have access to funds from the Election Campaign Fund on a first-come, first-served basis. 

How will candidates receive public funds?

The Controller’s Office is responsible for issuing public financing payments to all eligible candidates.  Authorized payments are disbursed to eligible candidates within two business days, except during the 15 days preceding the election date, when payments will be disbursed within 24 hours. 

Payments Issued by Check

Check payments are processed and disbursed by the City Controller’s Office. Checks will be sent by standard mail to the address listed in the IRS Form W-9 submitted by the committee to obtain the supplier ID. It is important that committees list an address that can receive mail and is regularly checked. 

Payments Issued by Electronic Transfer (ACH)

Committees may also be eligible to receive payments by electronic transfer (ACH).  Please visit the Electronic Payments to Vendor page on the Controller’s website to register the committee as a vendor using the assigned supplier ID number.  Please note that establishing eligibility for electronic payments can take time, and processing payments may take an additional one to two business days. Any candidate interested in electronic payments is strongly encouraged to obtain a supplier ID and apply for electronic payments as early as possible. Because electronic payments are managed by a third-party vendor, Ethics Commission and Controller’s Office staff are unable to provide any assistance with the enrollment process or provide updates on the status of payments issued.

See S.F. C&GC Code § 1.144(a) & (d).

Payment is not final determination

A payment of public funds to the candidate does not constitute a final determination of the amount that the candidate is entitled to receive or keep, and candidates must continue to meet all eligibility requirements of the public financing program. The Commission may conduct internal reviews to help ensure accountability in the administration of the program. If it is determined that payments to the candidate were in excess, or that a candidate is no longer eligible to receive public funds, the Ethics Commission will notify the Controller and the candidate.  In addition to any other penalties, the candidate may be required to repay to the City a portion of, or all, public funds received.

Uses of Public Funds

All public financing payments received from the City and County of San Francisco must be deposited into the committee’s Campaign Contribution Trust Account.  A candidate may use public funds to pay for qualified campaign expenditures and to repay loans used to pay for qualified campaign expenditures.

What is a Qualified Campaign Expenditure?

A qualified campaign expenditure is any expenditure that a candidate committee makes for the purpose of influencing or attempting to influence the actions of the voters for the candidate’s election to the Board of Supervisors.  Qualified campaign expenses also include administrative and overhead costs such as consultant and treasurer fees, and costs associated with operating a campaign office. 

Examples of Qualified Campaign Expenditures:

• Printed literature, mailings, and other campaign ads/communications.
• Campaign consultant fees and expenses.
• Rent and utility expenses for a campaign office (up to 30 days after the election date).
• Staffing expenses related to campaign activities.

Public funds that remain in a candidate’s account after the election date can be used to pay for a limited range of expenses associated with an audit such as bank fees and expenses related to the audit and the filing of post-election campaign disclosure reports.

What are Non-Qualified Campaign Expenditures?

There are several types of expenditures a candidate may not use public funds to pay for and instead must use private contributions or loans.  These include (but are not limited to): 

• Expenses incurred in connection with an administrative or judicial proceeding.
• Expenses to pay administrative, civil or criminal fines, including late filing fines.
• Expenses to pay for inaugural activities or officeholder expenses after the election date. 
• Costs incurred after the election date that did not directly affect the outcome of the election.

Remember: If a candidate uses any portion of a loan to pay for non-qualified campaign expenditures, that portion of the loan may not be repaid with public funds. 

What happens if I use public funds on non-qualified campaign expenditures?

If the Ethics Commission determines that a candidate used any amount of public funds for something other than qualified campaign expenditures, the candidate shall pay to the Ethics Commission an amount equal to the improper expenditure.

See S.F. C&GC Code § 1.104 & 1.148; SFEC Regulations § 1.148-1.