Candidate Guide

Common Questions & Answers

• 1. When are candidate nomination papers available?
  • Candidates can obtain nomination papers beginning July 18th through August 12th.
• 2. Are candidate nomination papers available on-line?
  • No, but you can complete and submit the Candidate’s Application Form. We will prepare and email most of your nomination papers along with instructions and due dates.
• 3. Do I need to collect signatures or pay a filling fee for my candidacy?
  • It depends on the jurisdiction of the office you’re seeking. The Offices Open section of the Candidate’s Guide provides the information for you.
• 4. What is a candidate’s statement?
  • It’s an optional way to let the voters in your district know about you. You can write a 200 word statement (or 250 for State candidates) that is published in our sample ballot booklet. The Candidate Statement section of the Candidate’s Guide has information about the format and costs of the candidate statements.
• 5. Can I get my documents for the City/Town Council election from the County office?
  • No, you must contact the City/Town clerk for nomination documents, manuals, and filing information.
    This manual may be used by Council candidates as a general reference guide only.
• 6. I want to pass around a small amount of flyers for my candidacy. Are there rules about this?
  • Yes there are rules. Whether flyers, yard signs, or internet ads, make sure you’re aware of all campaign finance rules. These rules and all other campaign finance information are in the FPPC finance manuals on the FPPC website.
• 7. Can I get voter information for my campaign?
  • Candidates can purchase voter information as well as precinct maps through this office. On our website, the Purchasing Voter Registration Information page has further information.
• 8. Are there special campaign finance rules for State candidates?
  • There are special finance rules and filing obligations for state and judicial candidates. This information is in FPPC Manual 1 and is published on the FPPC website.
• 9. How do I know who has filed for office?
  • The Election Schedule will have a candidate list that will be updated daily with the names of candidates who have filed for a specific office.

Important Dates

Offices Open for Nomination

Candidate Nomination Papers

Our office will provide the following forms:

• Nomination Petition/Sponsor signatures

  Candidates for certain offices must file nomination petitions with the required minimum number of valid sponsor signatures. Those signing your nomination papers must be a registered voter and eligible to vote in your contest.

  Each signer will:

  • provide his/her printed name, signature, residence address, city, on the petition, and
  • sign in the presence of the candidate or circulator.

  Other important things to know

  • The petition will not be accepted if any information including the circulator’s affidavit is not completed in full.
  • The Elections Department must receive all nomination petitions by the close of the filing period.
  • A candidate may sign his/her own petition.
  • A candidate may serve as the circulator to collect signatures.
  • Anyone 18 years or older, regardless of their state of residence, can circulate nominating papers for signatures.
  • A registered voter can sign multiple candidate petitions however not more than the amount of candidate positions available for nomination.

• Declaration of Candidacy Form
  • When and where to pick up your form

    The Declaration of Candidacy form is available starting July 18, 2016 from the Marin County Elections Department. If you cannot pick up or file this form in person, you may not file by fax, but you may:

    • Use certified mail or a delivery service: Your signature on the Declaration of Candidacy form must be notarized, or
    • Send an authorized person to pick up and file your form. Give the authorized person a written, dated, and signed authorization that says:
    • The name of the person you authorized to pick up / file your form, and
    • You know that your form must be properly filled out and filed by the deadline.

    Note: The authorized person may not change or correct anything on your nomination papers.

  • Deadline to file your form

    The deadline to file all of your papers is: August 12, 2016, no later than 5 p.m. If you are running for an office with an extended nomination period the deadline to file will be August 17, 2016.

    Note: Candidates may not file nomination forms for more than one term of office for the same district, or for more than one district or municipal office at the same election. (E.C. §§ 8003(b); 10510(b); 10220.5)

  • Name on Ballot
    • You can write your nickname, along with your legal name on your form. If you do not write your nickname on the Declaration of Candidacy form, you cannot use it later on other candidate papers. (A.G. Ops 50-87, 5/27/80)
    • Titles and degrees cannot be listed with the candidate’s name on the ballot.

• Ballot Designation Requirements (if requesting a designation)
  • General Rules

    The Ballot Designation goes under your name on the ballot, and refers to your current occupation or incumbency status. You are allowed up to 3 words. If you want a ballot designation, you must fill out a Ballot Designation Worksheet (E.C. §§ 13107.3; CA Admin. Code – §§ 20710-20719) and file it with the rest of your candidate papers by the deadline.

    If you do not want a designation, write “NONE” on your Declaration of Candidacy form where it asks for your designation. Also put your initials after the word “NONE.”

    California state law says that your designation must describe your current profession, vocation, or what you do – or did – for a living during the 12 months before the filing deadline. The words you choose must be generic and neutral. And the words must be accurate, and not misleading. (E.C. §§ 13107)

    Here are some examples: High School Teacher, Scientist, Emergency Department Neurologist.

    You may list more than one occupation or vocation, but you are limited to 3 words and you must separate them with a slash. Example: Professor/Mother/Doctor

    Note: If you choose words that are very long, they may be printed in a smaller font size.

  • Other ballot designation rules

    You may use the words community volunteer (CA Admin. Code – §§ 20714.5) if:

    • You’re substantially involved as a community volunteer with bona fide organizations,
    • You do not have another principal occupation or vocation, and
    • You do not add any other words to describe another occupation or vocation.
    
    

    You may use the word retired (CA Admin. Code – §§ 20716(h)(1)) if:

    • You are 55 or older, and worked at your last job or vocation for more than 5 years and left voluntarily;
    • A principal source of your income is from a retirement plan or retirement benefits (or you are eligible to receive retirement benefits).
    • You cannot use retired if you’ve had more recent professions, occupations, or vocations.
    • Note: You must not abbreviate retired or place it after the word(s) it modifies.
  • Special rules for incumbents and appointed incumbents:

    If you are an incumbent, you may use:

    • Your elected title, even if the title has more than 3 words
      Example: Board Member, ABC School District
    • Your elected position and your other occupation or vocation, if you use 3 words or less
      Example: Board Member/Teacher
    • The word Incumbent (without adding any other words) if you are running for the same office you hold now.
    
    

    If you are an appointed incumbent you may use:

    • The words Appointed Incumbent (without adding any other words) if you are running for the same office you hold now.
    • The word Appointed along with your current elected position and the jurisdiction.
      Example: Appointed Board Member, ABC School District
    • The word Appointed along with your current elected position and another designation.
      Example: Appointed Board Member/Teacher
    • Judicial candidates that were appointed to a judicial seat are not required to use Appointed, and can use Incumbent instead.
  • Some words are not allowed

    If you choose words that the law does not allow, the Elections Department will notify you. If you do not provide an acceptable alternative designation by the deadline, no ballot designation will be listed after your name.

    Do not use words that	Examples
    Evaluate	Outstanding, leading, expert, virtuous, eminent, best, exalted, prominent, advocate, activist, reformer, pro, anti
    Suggest status and do not say your occupation	Taxpayer, patriot, citizen, renter, presidential appointee, husband, wife, scholar, veteran, concerned citizen, activist
    Suggest a racial, religious or ethnic group	Asian, Christian, Irish
    Suggest a political party	Libertarian, Democrat
    Refer to illegal activity	Outlaw, gambler
    Suggest previous occupations	Former, ex (You may use retired. See Other ballot designation rules)
    Name a company, agency or person	Instead of: IBM President, use: Computer Corporation President Instead of: Director, DMV, use: State Agency Director
    Mislead	An occasional activity, hobby, or position that takes up little of your time. You may have to give proof to support the accuracy of your designation.

  • Request for supporting documents:

    Candidates are responsible for establishing accuracy and compliance within all provisions of the Elections Code. The Elections Department or Secretary of State may request supporting documentation or evidence supporting a candidate’s proposed ballot designation. (CA Admin. Code – §§ 20717)

  • Rejection of ballot designations:

    The elections official may reject a candidate’s ballot designation due to any violation of the parameters stated in the Elections Code. The Secretary of State’s office administers rules and procedures for state and federal candidates. Candidates are given an opportunity to make a correction. (E.C. §§ 13107(c))

• Candidate Statements (optional to file)
  • General Information

    You have the option to file a 200 word candidate statement to be printed in the Marin County Voter Information Pamphlet. Congressional, State Senate & Assembly candidates are allowed 250 words.

    • Print your statement on a separate piece of paper and attach it to the Candidate Statement form provided with your other candidate papers. You must sign your statement.
    • File your statement along with your other candidate papers by 5 p.m. on August 12th. If you are running for an office with an extended nomination period, the deadline is 5 p.m. on August 17th.
    • If the office you are running for covers more than one county, you have the option to print your statement in both counties. To do that, you must file and pay for your statement in each county separately, and follow both counties’ procedures.
    • Review your statement carefully because you’re not allowed to correct typos or mistakes after filing it. It’s a good idea to have another person proofread your statement with you.
    • If you want to change your statement after you file, your only option is to withdraw as a candidate, and completely re-file as a candidate.
    • The deadline to withdraw your statement is by the close of business of the next working day after the close of the nomination period. You’ll be refunded the cost of the statement.

    ~NEW~     We now require all candidate statements to be filed electronically in Word version. If you cannot provide an e-version of your statement, you will be charged a $100 retyping fee.

  • Content requirements

    Your candidate statement can include information about your education, experience and other qualifications. It shall not include information about or in any way make reference to any other candidate, party affiliations, or memberships and activities in any political party organizations (EC §13307(a); §13308). If your statement does not comply, the Elections Department will require changes.

  • Formatting requirements

    All candidate statements must be uniform in type and size, in block paragraphs and single spaced.

    • No ALL CAPS (use upper and lower case)
    • No italics, no bold, no underlining, no highlights
    • No clusters of exclamation points
    • No bullets or numbered lists (we will replace with semicolons and wrap text)
    • Indents are not allowed
    • 200 words maximum for non-partisan offices, 250 words maximum for assembly, senate, and congressional offices (refer to the How to Count Words section)
    
    

    Your candidate statement can include information about your education, experience and other qualifications. It may not include information or reference about any other candidate, party affiliations, or memberships and activities in any political party organizations.

    SAMPLE FORMAT
    STATEMENT OF CANDIDATE FOR MEMBER, CITY COUNCIL Greatest City
    JANE DOE	AGE: 21
    Occupation: Manager Education and Qualifications:
    I can bring to the office a diversity of viewpoints and experience. Born and raised in the San Francisco area, with my family still farming, I can appreciate the concerns of the environmentalists. On the other hand, having been in business since my undergraduate days at college, and with my experience in the rental and real estate field, I appreciate the practical housing choices and frustrations with high rental cost. As a Member of the City Council, I would balance the narrow spectrum of views that have dominated the Council the past four years. I advocate a program to protect our neighborhoods from increasing overcrowding and visual blight.

    
    

    Please remember, because your statement must fit in a quarter page area we may need to adjust the format and spacing of your statement.

  • Candidate Statement Fees

    Listed below is the cost of the candidate statements printed in the County Voter Information Pamphlet. If you want your statement translated into Spanish, your fee is doubled and a translation fee is added. The fees are based on typesetting, printing, mailing expenses, and the number of registered voters in specific districts based on the last report to the Secretary of State before printing this manual.

    • Special Districts

      	Estimated # of Jurisdiction Voters	English printing only	English & Spanish
      Bolinas Fire Protection District	964	$155	$410
      Marin Healthcare District	118,572	$1037	$2174
      Strawberry Recreation District	2,651	$168	$436
      Mesa Park Recreation District	964	$155	$410
      Marin Resource Conservation District	3,369	$173	$446
      Marin Municipal Water District
      Division 2	17,531	$279	$658
      Division 5	21,142	$307	$714
      Stinson Beach Water District	457	$151	$402

    • School Districts

      	Estimated # of Jurisdiction Voters	English printing only	English & Spanish
      Bolinas-Stinson Union School District	1,431	$159	$418
      Sausalito-Marin City School District	7,362	$203	$506
      Petaluma Joint Union High School District	214	$150	$400

    • City/Town Councils

      	Estimated # of Jurisdiction Voters	English printing only	English & Spanish
      City of Sausalito	5,146	$187	$474

    • County-wide contests

      	Estimated # of Jurisdiction Voters	English printing only	English & Spanish
      All offices with 200 word count	153,233	$1,297	$2,694
      All offices with 250 word count	153,233	$1,622	$3,344

  • State Offices and Voluntary Expenditure Ceilings

    State Senate and Assembly candidates who want to purchase space for a 250 word statement in the County Voter Information Pamphlet must accept the voluntary expenditure limits listed in the chart below by filing the Form 501 (Candidate Statement of Intention) with the Secretary of State. (Government Code § 85601)

    • Expenditure Limits for State Assembly and State Senate Candidates

      Office	Primary/Special Election	General/Special Runoff Election
      State Assembly	$564,000	$987,000
      State Senate	$846,000	$1,269,000

• Statement of Economic Interests, Form 700

  This form is a public document requiring candidates to list their personal assets and income. You must file the Form 700 along with your other candidate papers

  If you are elected or appointed to office, you must file this form with the appropriate filing officer for your jurisdiction within 30 days of taking office, and then annually. The form and instructions are on our website, and the Fair Political Practices website

• Campaign Finance Statements
  • Basic Rules for All Candidate Committees
    • All campaign finance reports are considered public and may be posted online.
    • Deposit all campaign funds in a separate bank account that is only for the campaign. You cannot add contributed funds to personal accounts.
    • Do not use the same bank account, committee, or committee name that you used in a previous election if you are running for a different office.
    • Open a campaign finance committee at any time using a Form 410. You must open a committee once you raise or spend $2000 for your campaign.
    • Record all contributions and expenses of $25 or more. (Your FPPC Manual offers guidelines for recordkeeping.)
    • Document any donation worth $100 or more, including cash, loans, and in-kind contributions, including the contributor’s name, address, occupation, and employer.
    • Do not use your campaign funds for non-campaign expenses or to make independent expenditures to support or oppose other candidates.
    • If you receive $1000 or more from a single source in the last 90 days before the election, you must disclose it within 24 hours, even if the contributions are from your personal funds. This includes separate contributions from the same source that add up to $1000 or more.
    • Not all Marin County cities and districts have the same campaign contribution limits. To know the limits for your office, contact the local official.
    
    

    Important! Your campaign finance reporting requirements do not end with the election. Be prepared to continuously file reports until you close your committee.

  • Federal Offices

    If you’re running for a federal office you’re required to register and file financial activity reports with the Federal Election Commission. Federal campaign committees do not file reports with the California Secretary of State or the County of Marin.

  • State Offices

    If you’re a candidate for a state office (such as Governor or State Assembly) you are required to register with the California Secretary of State and file financial activity reports. Candidates and committees who raise or spend more than $25,000 must electronically file their reports; those who spend or raise less than $25,000 may file paper reports.

    • Contribution limits to state candidates per election from individuals, business entities, PAC’s
    • $4,200 for Senate and Assembly
    • $28,200 for Governor
    • $7,000 for all other State offices
    
    
    • Voluntary Expenditure Ceilings for State Candidates during the General election.
    • The amounts vary by office, and may differ for the June and November elections. Visit the FPPC website to find out what the limits are.
    • You must file the Candidate Intention Statement (Form 501) to accept the voluntary expenditure ceiling established for each election.
  • Reporting Deadlines for State & Local Candidates

    Period Reported	Use this form	Deadline
    thru – June 30	460 Semi-Annual	August 1, 2016
    July 1 – Sept. 24	460 Pre-election	Sept. 29, 2016
    Sept. 25 – Oct. 22	460 Pre-election	Oct. 27, 2016
    August 10 – November 8	497 Late Contribution Report (for $1000 or more from a single source)	Within 24 hours
    Oct. 23 – Dec. 31	460 Semi-Annual	January 31, 2017

    
    

    E-filing! Local Candidate finance statements can be e-filed. It’s free, saves time, and you won’t have to provide signatures or hard copies. For more information contact the Elections Department at 415-473-6437.

  • Fines and Penalties

    The public has the right to see candidates’ current financial reports. Candidates who file late deny the public that right. State law gives counties the authority to fine candidates and committees that file late (Government Code § 91013). If you file late, you may be fined. You may also face penalties from the state’s Fair Political Practices Commission.

    The fines levied by the Marin County Elections Department are $10 per day for each day past the deadline until the required report is filed. If the fines are not paid, the Elections Department may file a civil action against the candidate/committee for the amount owed. If the reports are not filed, the Elections Department will report the candidate/committee to the Enforcement Division of the Fair Political Practices Commission.

    The filing officer for Marin County Elections Department is allowed to waive a fine if he finds that the late filing was not intentional and/or the report was filed before the waiver of liability period ends.

  • Reporting Violations

    If a committee or candidate has violated any campaign disclosure requirement, any person in the affected jurisdiction may file an action or ask for an injunction (Government Code § 91003). Marin County Elections Department will not investigate or prosecute violations, except for civil actions to collect fines owed.

  • Candidate Campaign Finance Forms

    The following is a list of forms used by most local candidates. Other reports may be required depending on the committee’s activity. Please refer to FPPC Manual 2 for more information.

    • Form 501 – Statement of Intent

      Candidates for state or local office must file this form prior to solicitation or receipt of any contribution, or expenditure of personal funds used for the election. Exception: This form is not required if you will not solicit or receive contributions from other persons, and the only expenditures will be from your personal funds used for the filing fee and statement of qualification in the sample ballot. Candidates who file a Form 501 must establish a separate bank account with a financial institution in California, if they accept contributions. Refer to FPPC Manual 2 for more information.

    • Form 470 – Campaign Statement

      All candidates who have filed a Form 501 must file at least one campaign statement before the election. Candidates may file the Form 470 if they do not have a controlled committee, do not anticipate receiving contributions totaling $2000 or more during the calendar year, and do not anticipate spending $2000 or more during the calendar year. The Form 470 is filed once, by the first pre-election due date. If the $1000 threshold is achieved, candidates must file the Form 470 Supplement, and establish a campaign committee. Please refer to FPPC Manual 2 for more information.

    • Form 410 – Statement of Organization

      Candidates must use Form 410 to establish a campaign committee, no later than within 10 days after the committee has spent or received $2000 or more. Form 410 is also used to amend changes to the committee, and terminate the committee. By establishing a committee, candidates are required to file periodic campaign statements until the committee is closed. All committees must file the Form 410 with the Secretary of State and their local filing agency. Please refer to FPPC Manual 2 for more information.

    • Form 460 – Recipient Committee Campaign Statement

      Candidate controlled committees are required to use Form 460 to report all campaign activity during scheduled semi-annual and pre-election periods. Statements must be completed fully and accurately, and filed on time per the filing schedule. Please refer to FPPC Manual 2 for more information.

    • Form 497 – Late Contribution Report

      A Form 497 Late Contribution Report must be filed if a committee controlled by the candidate receives a contribution (including aggregated amounts) from a single source, or makes contributions, totaling $1,000 or more to a candidate or primarily formed committee during the 90 days prior to the candidate’s election.

  • Questions?

    Campaign finance reporting and fund-raising laws change frequently, so make sure you understand your requirements.

    If you are a local candidate, see the FPPC Manual 2 or contact:

    • Email - Dan Miller
      Tel. 415-473-6437 – Fax: 415-473-6447
    
    

    Candidates for state offices may consult the FPPC Manual 1 or contact:

    • Fair Political Practices Commission (FPPC)
      428 J Street, Suite 620, Sacramento, CA 95814
      Tel. 866-275-3772, or www.fppc.ca.gov
    
    
    • Secretary of State, Political Reform Division
      1500 11TH Street, Room 495, Sacramento, CA 95814
      Tel. 916-653-6224, or www.ss.ca.gov/elections
    
    

    Candidates for federal offices must contact:

    • Federal Election Commission:
      800-424-9530, or www.fec.gov
    
    

    You can find more information and manuals at the Fair Political Practices Commission (FPPC) website

What All Campaigns Need to Know

Candidates and committees must follow the rules for Advertisements, Signs, & Electioneering.

• • Advertising & Mailers– disclaimers required

    New state regulations require candidate committees to add disclaimers to most advertisements and communications including electronic media. “Paid for by committee name” is the basic disclaimer required by law on most campaign communications sent by a committee (Government Code §§ 84305 et seq; § 84501 thru § 84511). Information about political advertising, communications and mass mailings can be found on the FPPC's website and manuals.

• Political Signs

  Before placing any political sign, make sure you understand state, county, and municipal rules.

  • County Rules

    County rules about posting signs in unincorporated areas of the county:

    County Code 22.60.030: “One sign not exceeding 12 square feet located by an individual on their own residence or place of business or on some part of the property provided the sign is displayed not more than 45 days prior to, or more than ten days after, the conclusion of the political campaign to which it relates.”

    For violations of this ordinance, contact the County Planning Department at 415-473-6269 for information about how to file a complaint.

  • Municipal Rules

    Information for municipal rules about posting signs within city limits are listed below.

    Belvedere	City Clerk	415-435-8908
    Corte Madera	Planning Director	415-927-5064
    Fairfax	Senior Planner	415-453-1584
    Larkspur	City Clerk	415-927-5110
    Mill Valley	Deputy City Clerk	415-388-4033, ext. 102
    Novato	City Clerk	415-899-8900
    Ross	Town Clerk	415-453-1453
    San Anselmo	Town Clerk	415-258-4652
    San Rafael	Public Works	415-485-3355
    Sausalito	City Clerk	415-289-4100
    Tiburon	Planning Department	415-435-7390

  • State Rules

    State rules about posting signs on State owned property, contact the Department of Transportation, Outdoor Advertising Program: (916) 654-5327.

• • Electioneering

    It is a misdemeanor to do any of these things within 100 feet, of the poll entrance (E.C. § 18370):

    • Pass around petitions.
    • Try to influence how a voter votes.
    • Put up signs about voter qualifications.
    • Talk to voters about their qualifications to vote.
    • Photograph, film, or record a voter as s/he goes into or leaves a polling place.

Information about taking office

Before taking office, all elected candidates must take the oath of office after the election results are certified.

When does an elected official take office?

• Federal Office: U.S. Congress will take office on January 3, 2017.
  (US Constitution, Article I, § 2; 20th Amend., §1)
• State Senate & State Assembly will take office on December 5, 2016.
  (CA Constitution, Article IV, § 2(a)(1) & (3))
• Superior Court Judges will take office on January 2, 2017.
  (CA Constitution, Article VI, § 16c)
• Special District nominees elected to full terms take office on December 2, 2016.
  (Elections Code § 10554)
• County Board of Supervisors will take office on January 2, 2017.
  (Gov. Code §24200)

How to Count Words

Candidate statements and ballot measure-related text are limited to a certain number of words. The rules below explain how we count words. These rules are based on California law, and cannot be changed.

Before you file your material, count the words carefully. If you have too many words, we will ask you to revise your text.