Candidate Guide

Important Dates

November 5, 2019 Local Elections

Candidate Nomination Papers

The following documents are required to be filed with the town/city clerk:

• Nomination Petition/Sponsor signatures
  • City and Towns offices require sponsor signatures for candidate nomination. Contact your City or Town Clerk for details and forms.

• Declaration of Candidacy Form
  • The Declaration of Candidacy form must be filed with the respective City or Town Clerk.
  • How do you want your name to appear on the ballot?
    • Indicate your name preference on the Declaration of Candidacy form. You can keep your voter registration name, or you may designate your name as follows:
      • You can use your nickname with quotation marks.
      • First, middle, and last name
      • Initials only and last name
      • A familiar or common short version of the first name such as “Bill” for William or “Becky” for Rebecca, etc.
      • You must use this name on all subsequent candidate documents.
    • Please note: you cannot have titles or degrees with your name on the ballot.
  • If you choose to have a Ballot Designation on the ballot, then you must indicate it on the Declaration of Candidacy form. See the Ballot Designation Requirements section below.

• Ballot Designation Requirements (if requesting a designation)
  • On the ballot under your name is the Ballot Designation. It is optional, but if you choose a designation then you must indicate the on the Declaration of Candidacy form. You must also complete a Ballot Designation Worksheet, but if you do not choose a designation then the worksheet is not required. 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.”
  • General Rules
    • The Ballot Designation refers to your current occupation, vocation, profession, or incumbency status. You may list more than one profession, occupation, or vocation, but you are limited to 3 words and you must separate them with a slash: Professor/Mother/Doctor. The exception is that an elected official can use the exact title of the office currently held: Director, ABC Fire Protection District. Note: If you choose words that are very long they may be printed in a smaller font size.
    • If you decide to use a ballot designation you must fill out a Ballot Designation Worksheet and file it with your candidate papers by the deadline.
    • California state law requires that your designation must describe your current occupation, profession, vocation, or what you did for a living during the 12 months before the filing deadline. The words you choose must be generic and neutral, but accurate and not misleading (E.C. § 13107). The following page lists specific rules for certain designations and candidates.
  • Some words are not allowed
    • Do not use words that
      • Evaluate
        • Examples: Outstanding, leading, expert, virtuous, eminent, best, exalted, prominent, advocate, activist, reformer, pro, anti
      • Suggest status and not your occupation
        • Examples: Taxpayer, patriot, citizen, renter, presidential appointee, husband, wife, scholar, veteran, concerned citizen, activist
      • Suggest a religious or ethnic group
        • Examples: Asian, Christian, Irish
      • Suggest a political party or ideology
        • Examples: Conservative, Democrat, Republican, Socialism, Absolutism
      • Pro Forma positions or vocations
        • Examples: Honorary, hostess, goodwill ambassador (CA Admin. Code 20716)
      • Suggest previous occupations
        • Examples: Former, ex (You may use retired. See Rules for specific types of ballot designations and candidates below.)
      • Name a company, agency or person
        • Examples: Instead of: IBM President, use: Computer Corporation President
          Instead of: Director, DMV, use: State Agency Director
      • Mislead
        • Examples: 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 election officials may request supporting documentation or evidence supporting a candidate’s proposed ballot designation. (Admin. Code § 20717)
  • Rejection of ballot designations
    • The elections official may reject a candidate’s ballot designation based on restrictions stated in the Elections Code. Candidates are given an opportunity to make a correction. If you do not provide an acceptable alternative designation by the deadline, no ballot designation will be listed after your name. (E.C. § 13107(f))
  • Rules for specific types of ballot designations and candidates
    • You may use the words community volunteer (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 (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.
    • 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 (no other words allowed) if you’re filing for the same office you hold now.
    • If you are an appointed incumbent you may use:
      • The words Appointed Incumbent (no other words allowed) 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 the jurisdiction (Appointed Board Member, ABC School District), or the word Appointed along with your current elected position and another designation (Appointed Trustee/Mother).
  • 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 Guide.
        • File your statement with your payment (check or cash) along with your other candidate papers.
        • 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 only 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.
        • We 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, and shall not include information about your party affiliations, memberships or activities in any political party organizations. Listing memberships to or affiliations with organizations that are found to have distinct political inclinations will not be accepted. (EC §13307(a); §13308)
      • You may not directly or indirectly reference any other candidate, and you may not suggest or imply the qualification of other candidates by stating “I’m the only candidate…”, or any other similar wording.
      • If your statement does not comply, the elections official will require changes.
    • Formatting requirements
      • All candidate statements must be uniform in type and size, and single spaced lines.
        • 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
        • Word count begins after “Education and Qualifications” on a Candidate Statement, see the How to Count Words section for more information
      • 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.
      • I advocate a program to protect our neighborhoods from increasing overcrowding and visual blight. As a Member of the City Council, I would bring balanced points of view.
      • Please remember, because your statement must fit in a quarter page area we may need to adjust the format and spacing of your statement.
      • Your name must match your name on the ballot. Variations are not allowed.
      • Age and occupation are optional.
      • Occupation must refer to your current employment or vocation, or status as an active licensed professional even if not currently employed as such, for example, physician or attorney.
    • Candidate Statement Fees
      • All candidates must pay a fee to have their statement printed in the Voter Information Guide. If you want your statement translated into Spanish, the cost is doubled plus a translation fee. The fees are based on typesetting, printing, mailing expenses, and the number of registered voters in specified areas as of July 1, 2019.
      • City/Town Councils
        • Town of Fairfax
          • Number of registered voters, 5,665
          • Statement printed in English only, $190
          • Statement printed in English and Spanish, $480
        • City of Larkspur
          • Number of registered voters, 8,878
          • Statement printed in English only, $215
          • Statement printed in English and Spanish, $530
        • City of Novato
          • Council District 1
            • Number of registered voters, 7,256
            • Statement printed in English only, $202
            • Statement printed in English and Spanish, $504
          • Council District 3
            • Number of registered voters, 6,478
            • Statement printed in English only, $197
            • Statement printed in English and Spanish, $497
          • Council District 5
            • Number of registered voters, 5,143
            • Statement printed in English only, $187
            • Statement printed in English and Spanish, $474
        • Town of San Anselmo
          • Number of registered voters, 9,005
          • Statement printed in English only, $216
          • Statement printed in English and Spanish, $532
  • Statement of Economic Interests, Form 700
    • The Political Reform Act requires candidates and most state and local government officials and employees to publicly disclose their personal assets and income. They must also disqualify themselves from participating in decisions that may affect their personal economic interests.
    • You must disclose your personal assets and income on the Form 700 (a public document) and file it 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 until you leave office.
    • The form and instructions are on our website, and the Fair Political Practices Commission website.
  • Campaign Finance reports & filings
    • 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.
    • Fines and Penalties
      • Candidates and committees that do not file or who file late deny the public the right to view timely campaign finance reports. State law gives local elections officials and the Fair Political Practices Commission the authority to assess fines due to filing violations.(Government Code § 91013)
      • The fines levied can be $10 per day for each day past the deadline until the required report is filed. If the fines are not paid the elections official may file a civil action against the candidate/committee for the amount owed. If the report is never filed the elections official may report the candidate/committee to the Enforcement Division of the Fair Political Practices Commission.
      • The elections official is generally allowed to waive a fine if it’s determined the late filing was not intentional and 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)
    • 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 voter information guide. 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 $2000 threshold is achieved, candidates must file the Form 470 Supplement, and establish a campaign committee. Please refer to 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 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 Manual 2 for more information.
      • Form 497 – Late Contribution Report
        • A 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. This form does not have a waiver of liability period if not filed within 24 hours.
      • Form 461 – Major Donor and Independent Expenditure Committee
        • An individual or entity that makes monetary or nonmonetary contributions (including loans) to local officeholders, candidates, and committees totaling $10,000 or more in a calendar year; or an individual or entity that makes independent expenditures totaling $1,000 or more in a calendar year to support or oppose state local candidates or ballot measures.
    • 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:
      • 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

What Campaigns Need to Know

• • Advertising & Mailers– disclaimers required
    • 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
      • Signs are not allowed in unincorporated areas of Marin County, except on a residence or place of business with owner’s consent. Signs must not be placed more than 90 days prior to, or more than 10 days after. County Code 22.28.060
      • To report violations regarding signs on private property contact the County Planning Department at 415-473-6269 for information about how to file a complaint.
      • Signs are not allowed on County owned and maintained public property, right-of-ways, medians, or any location that impairs pedestrian and vehicular safety. County Code 22.28.030
      • To report violations please contact the County Department of Public Works at 415-473-3755.
    • Municipal Rules
      • Contact information for municipal rules about posting signs within city/town limits are listed below.
        • Fairfax
          • Principal Planner, 415-453-1584
        • Larkspur
          • City Clerk, 415-927-5002
        • Novato
          • City Clerk, 415-899-8900
        • San Anselmo
          • Town Clerk, 415-258-4660
    • 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 polling place 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.
• • Who should you contact about campaign violations?
    • The Marin County Elections Department is NOT an enforcement agency regarding possible election violations. We are unable to investigate any of the violations listed below.
    • In response to the many inquiries we receive regarding possible election violations we have listed below the following resources to possibly contact:
      • False or misleading campaign materials – There are no enforcement agencies for these violations. These matters are adjudicated in court.
      • Violations to the Political Reform Act – Contact the Fair Political Practices Commission (FPPC): for example, mailing requirements; campaign finance disclosure; proper use of campaign funds; personal economic interest disclosures.
      • Violations to laws other than the Political Reform Act – Contact the City/Town or District Attorney, or the California State Attorney General’s office at 1-800-952-5225.
      • Election fraud – Contact the City/Town or District Attorney, or the California Secretary of State.
      • Federal campaigns – Contact the Federal Election Commission (FEC) at 1-800-424-9530.
      • Local ordinance violations – Contact the City/Town or District Attorney.
      • Vandalism to campaign signs – Contact law enforcement and/or City/Town or District Attorney.
• • Registration and Election Data
    • Pursuant to Elections Code Sections 2187(g) and 2188, voter registration information is available to candidates for election & campaign purposes.
    • Each request to purchase voter registration information must be submitted with identification on applications provided by the Marin County Elections Department. The applications, instructions and pricing can be found on the Purchasing Voter Registration Information page on our website.
      1. Use of this data, including but not limited to using registration information for purposes of communicating with voters, is allowed pursuant to the California Code of Regulations, Title 2, Division 7, Article 1, Section 19003.
      2. Prohibited uses are pursuant to California Elections Code Sections 2194, and includes but not limited to any personal, private, or commercial purpose advertising, solicitation, sale, or marketing of products; or the harassment of any voter or voter’s household.

Offices Scheduled for Nomination

• Offices Scheduled
  • Seats listed below are either full-term (4-years) or short-term.
    A short-term seat, due to the vacancy of a previously seated officeholder, shall last no longer than 2-years.
  • City/Town Elections - Nomination papers issued by City/Town Clerk
    • Qualifications:
      Qualifications: A person is not eligible to hold office as a member of a municipal legislative body unless he or she is otherwise qualified, resides in the district and resided in the district from which he or she is elected and a registered voter of the city at the time nomination papers are issued to the candidate as provided for in Section 10227 of the Elections Code. Gov. Code §34882
    • Town of Fairfax
      • Two Council member seats; one Town Clerk; one Town Treasurer
    • City of Larkspur
      • Two Council member seats
    • City of Novato
      • Three Council member seats (District 1, District 3, & District 5)
    • Town of San Anselmo
      • Two Council member seats; one Town Clerk; one Town Treasurer
    • Candidates must contact the city or town clerk regarding filing fees, and must file nomination papers, declaration papers, and all campaign finance reports with their respective City or Town Clerk.
      A minimum of 20 sponsor signatures are required for towns/cities. (EC §10220)
• Insufficient number of candidates
  • Municipal elections: If the number of candidates is less than the number of offices to be filled, the governing body of the city may adopt (Elections Code § 10229) one of the following courses of action:
    • Appoint those persons having filed nomination papers before the deadline,
    • Appoint an eligible person who had not filed before the deadline,
    • Hold the election
• Placement of names on the ballot
  • The order in which candidates’ names shall be placed on the ballot is specified in Elections Code Sections 13111 and 13112. Elections Code Section 13109 specifies the order of offices on the ballot.
  • Randomized Alphabet Drawing
    • At 11:00 a.m. on the 82nd day before the election, the Secretary of State’s Office will pull each letter of the alphabet at random according to the procedure specified in Elections Code Section 13112 compiling the randomized alphabet list.
    • Each candidate will be placed on the ballot in the order that each of the letters of his/her surname was drawn. For example, the placement of candidates with the surnames of Campbell and Carlson will depend on the order in which the letters M and R were drawn.

How to Count Words

Candidate statements are limited to a certain number of words. The rules below explain how we count words. These rules are based on California law. Before you file your statement count the words carefully. If you have too many words we will ask you to revise your text.