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Attorney's Office - Campaign Guidance

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1. What form must I file with the City Clerk in order to declare my candidacy?

A Candidate must file nomination papers pursuant to San Jose Municipal Code (SJMC) 12.05.060 with the City Clerk no later than twelve noon on the eighty-eighth day before the city municipal election. SJMC provides that voters may nominate candidates for election by signing a nomination paper not earlier than the one hundred thirteenth day nor later than twelve noon on the eighty-eighth day before a city municipal election.

Nomination papers are issued by the City Clerk and include several forms and must be filed at the same time. The list includes but may not be limited to: (1) Nomination Papers (also known as the “petition”), (2) Certificate of Residency, (3) Ballot Designation Worksheet and Form, (4) Statement of Economic Interests – Form 700, (5) Candidate Statement of Qualifications Form, (6) Code of Fair Campaign Practices, (7) Form 503 Declaration by Candidate or Committee Treasurer, and (8) other forms, as required by the County of Registrar of Voters

2. Can I donate or spend personal funds prior to the campaign contribution period?

The San Jose Municipal Code prohibits the solicitation and/or acceptance of campaign contributions prior to 180 days before an election. For the 2016 election, this date is December 10, 2015. The FPPC requires that candidates file a statement of intention and establish a campaign bank account before making any expenditure from personal funds pursuant to Government Code Section 85201. Furthermore, 85201(c) of that section requires all contributions or loans made to the candidate be deposited in the account. Therefore, as long as you track expenditures of your own funds through the campaign bank account, you may spend personal funds prior to December 10, 2015. Municipal Code Section 12.06.295 provides additional detail regarding personal funds including restrictions regarding personal loans.

3. Can my campaign hold and promote events prior to the contribution period?

You may hold and promote meet and greets and house parties that are not for the purpose of raising campaign funds as long as you follow the rules of the FPPC and City of San José Municipal Code. Such events cannot be held by a lobbyist or lobbying firm. Soliciting individuals to serve on a campaign fundraising committee prior to the campaign contribution period is allowed as it is merely a planning and coordinating stage for soliciting and accepting contributions to a campaign. However, lining up financial or in-kind pledges or contributions prior to the campaign contribution period would indicate that some degree of solicitation was made and is therefore prohibited except during the campaign contribution period.