CANDIDATE GUIDELINES & MATERIALS November 6, 2018 General Municipal Election

Produced by: Pismo Beach City Clerk's Office | 760 Mattie Road, Pismo Beach, CA 93449 Phone (805) 773-4657 | Fax: (805) 773-7006 Office Hours: Monday—Friday 8:00 a.m. to 5:00 p.m. Elections webpage: pismobeach.org/elections

Clerk's Office webpage: pismobeach.org/cityclerk Erica Inderlied, City Clerk | einderlied@pismobeach.org

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CONTENTS

1. WELCOME LETTER & FILING CHECKLIST ................................................................... 4 2. NOTES ON USING THIS GUIDE .................................................................................... 5

A. Code References ................................................................................................. 5 B. Audience .............................................................................................................. 5 C. General Disclaimer .............................................................................................. 5

3. ELECTION CALENDAR IN BRIEF .................................................................................. 6 4. FREQUENTLY ASKED QUESTIONS.............................................................................. 7 5. ELIGIBILITY .................................................................................................................... 8 6. OFFICES TO BE FILLED ................................................................................................ 8 7. CITY GOVERNMENT & ROLE OF THE COUNCIL ......................................................... 8

A. Note on Partisan Affiliations ................................................................................. 9

8. PRE-NOMINATION PERIOD .......................................................................................... 9 9. NOMINATION PERIOD ................................................................................................... 9

A. Extension if Incumbent Does Not File ................................................................ 10 B. Write-in Candidacy ............................................................................................. 10

10. ISSUANCE OF NOMINATION PAPERS ....................................................................... 10 A. Use of Candidate's Agent to Pull Papers ............................................................ 11

11. FILING OF NOMINATION PAPERS .............................................................................. 11 A. Use of Candidate's Agent to File Papers ............................................................ 12

12. PUBLIC CONTACT INFORMATION ............................................................................. 12 13. NOMINATION PETITION – OFFICIAL FILING FORM ................................................... 13

A. Declaration of Circulator ..................................................................................... 13 B. Signatures.......................................................................................................... 13 C. Affidavit of Nominee; Candidate's Oath .............................................................. 14

14. BALLOT DESIGNATIONS ............................................................................................. 15 A. Ballot Designation Worksheet ............................................................................ 15 B. Ballot Designation Categories ............................................................................ 16 C. Unacceptable Ballot Designations, Generally ..................................................... 21 D. Challenge of Ballot Designation ......................................................................... 22 E. Changing Ballot Designation .............................................................................. 22

15. PLACEMENT OF NAMES ON BALLOT ........................................................................ 22 16. CANDIDATE STATEMENT OF QUALIFICATIONS ....................................................... 22

A. Word Count Standard for Candidate Statement ................................................. 23 B. Fee for Printing .................................................................................................. 23 C. Challenge of Statement; 10-Day Review Period ................................................ 24 D. Withdrawal of Candidate Statement ................................................................... 24

17. FAIR POLITICAL PRACTICES COMMISSION (FPPC) ................................................. 25 A. FPPC Filings: Overview of City Clerk's Responsibility ........................................ 25 B. FPPC Filings: Overview of Candidate Responsibility ......................................... 25 C. Overview of Filing Requirements ....................................................................... 26 D. Statement of Economic Interests (Form 700) ..................................................... 28 E. Candidate Intention Statement (Form 501) ........................................................ 28 F. Statement of Organization (Form 410) ............................................................... 29 G. Campaign Statement - Long Form (Form 460) ................................................... 30 H. Campaign Statement - Short Form (Form 470) .................................................. 31 I. 24-Hour Contribution Report (Form 497) ............................................................ 31 J. Future Filings ..................................................................................................... 32 K. Conflict of Interest Regulations .......................................................................... 32 L. Requesting Advice From The FPPC .................................................................. 33

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18. POLITICAL SIGNS ........................................................................................................ 33 A. Political Signs on State Highways ...................................................................... 33

19. MAILERS & ADVERTISING .......................................................................................... 34 A. Mass Mailings (GC §84305) ............................................................................... 34 B. Use of City Logo ................................................................................................ 34

20. VOTER REGISTRATION .............................................................................................. 35 A. Registrar & Voter Information ............................................................................. 35

21. POLLING PLACES & PRECINCTS ............................................................................... 35 22. ELECTIONEERING & POLLING PLACE CONDUCT .................................................... 35 23. PUBLIC RESOURCES & CITY STAFF INTERACTION ................................................ 36 24. CODE OF FAIR CAMPAIGN PRACTICES .................................................................... 36 25. LOCAL CAMPAIGN REGULATIONS ............................................................................ 37 26. STAY INFORMED ......................................................................................................... 37

A. City News & Mailing Lists ................................................................................... 37 B. City Budget ........................................................................................................ 37 C. City Meetings & Legislation ................................................................................ 38 D. Requests for Information .................................................................................... 38

27. ABBREVIATED ELECTION CALENDAR FOR CANDIDATES ...................................... 39 28. CAMPAIGN RESOURCES ............................................................................................ 41

A. Agency Contact Information ............................................................................... 41

29. WITHDRAWAL FROM CANDIDACY ............................................................................. 42 A. Candidacy Status: .............................................................................................. 42 B. FPPC Candidate Status / Filings: ....................................................................... 42

30. AFTER THE ELECTION ................................................................................................ 43 A. Candidates Who are Elected ............................................................................. 43 B. Candidates Who are Not Elected ....................................................................... 43

31. APPENDICES ............................................................................................................... 44 1. Public Contact Information ..................................................................... 45 2. Nomination Petition ................................................................................ 46 3. Ballot Designation Worksheet ................................................................. 47 4. Candidate Statement Materials .............................................................. 48 5. FPPC Campaign Disclosure Manual 2 ................................................... 49 6. FPPC Filing Schedule ............................................................................ 50 7. Form 700 ................................................................................................ 51 8. Form 501 ................................................................................................ 52 9. Form 410 ................................................................................................ 53 10. Form 460 ................................................................................................ 54 11. Form 470 ................................................................................................ 55 12. Form 497 ................................................................................................ 56 13. Political Signs & Advertising ................................................................... 57 14. Voter Information Order Form ................................................................. 58 15. Campaign Practices ............................................................................... 59

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1. WELCOME LETTER & FILING CHECKLIST

From the Office of the City Clerk Erica Inderlied, City Clerk

760 Mattie Road, Pismo Beach, CA 93449 ph. (805) 773-7003 (direct) | (805) 773-4657 (main)

fx. (805) 773-7006 einderlied@pismobeach.org

Election: November 6, 2018 General

Nomination Period: July 16, 2018—August 10, 2018 (August 15, 2018 if extended)

Dear Prospective Candidate,

Serving as an elected official is a high honor and a great responsibility. The integrity and efficacy of our government depend on the willingness of dedicated, earnest, and scrupulous individuals to represent the people as local decision makers.

The City Clerk's office has prepared these Candidate Guidelines to help prospective candidates for City Council and Mayor navigate applicable timelines, regulations, and processes. However, this information is not exhaustive and is not legal advice. You are encouraged to review these materials thoroughly, then make contact with the City and other agencies to obtain further information, to ensure that you are well-informed as you embark on your campaign.

It is advantageous to file your nomination paperwork early, in order to allow time to correct any errors or insufficiencies before the deadline. Please contact the Clerk's Office to make an appointment to file your nomination paperwork. In order to secure official nomination, the following must be properly completed and filed, concurrently, with the Clerk's office no later than 5:00 p.m. on Friday, August 10 (extended to Wednesday, August 15 if an incumbent for the office sought does not file):

□ Public Contact Information Form (REQUIRED) □ Nomination Petition (REQUIRED)

□ No fewer than 20, and no more than 30, signatures of registered Pismo Beach voters □ Completed “Declaration of Circulator” □ “Affidavit of Nominee” (DO NOT SIGN until filing with the Clerk)

□ Ballot Designation Worksheet (REQUIRED if a ballot designation is desired) □ Candidate Statement Materials (REQUIRED if a candidate statement is desired)

□ Completed Candidate's Statement Worksheet □ Attached typewritten Statement □ Statement emailed to City Clerk or provided on USB drive □ $150 deposit check for printing in English (additional $250 for optional Spanish) □ Statement of Financial Worth (if claiming inability to pay deposit)

□ Form 700 (REQUIRED) □ Code of Fair Campaign Practices (OPTIONAL, recommended)

If not previously filed, the following are recommended to be filed with nomination materials:

□ Form 501 (Due before raising or spending any money) □ Form 410 (Due no later than 10 days after raising/spending ≥ $2,000) □ Form 470 (Due no later than September 27 for candidates who will not raise/spend ≥

$2,000)

Please make requests for substantive information in writing by email. The City Clerk's office hours for appointments and inquiries are Monday through Friday, 8:00 a.m. to 5:00 p.m., and Clerk's Office staff is happy to assist with any questions you may have. Erica Inderlied, City Clerk

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2. NOTES ON USING THIS GUIDE

While this guide is readily usable and contains all appendices in its hard copy format, potential candidates are encouraged to take advantage of the electronic (PDF) format guide, which includes convenient links to online state codes, FPPC forms, and other resources. The PDF guidelines document will be emailed to anyone who is issued nomination papers. Many documents referred to in these guidelines have been provided as appendices. The yellow "memo" icon indicates that a particular section of this guide relates to a document that either must or may be filed with the Clerk's Office in connection with candidacy or campaign activities. The white "memo" icon indicates references to all other appendices, which have been provided as reference material only.

A. CODE REFERENCES

Most references in this guide to the content of the California Elections Code (EC), Political Reform Act (codified in Government Code, GC), California Code of Regulations (CCR) or other statute have been paraphrased for the sake of readability, and are not to be solely relied upon when making decisions relating to nomination or campaigning. Candidates are strongly encouraged to refer to the complete text of the Elections Code, Political Reform Act, and other codes, readily available online. Code citations provided are hyperlinks to the actual language of the regulations in question. For convenience, links to the complete Elections Code, Political Reform Act, and more, are provided in Section 28, Campaign Resources.

B. AUDIENCE

These guidelines are intended only for local candidates, and their controlled committees, running for office as part of a November General Election. Herein, "candidate" means a local candidate for Mayor or City Council Member; "committee" means the candidate's controlled committee (established by the candidate in support of their own campaign for office). State laws and FPPC Regulations vary widely for state candidates, local and state committees not controlled by a candidate, etc., and this guide is not intended for those parties.

C. GENERAL DISCLAIMER

The information contained herein is intended to provide general guidance and to answer the most

frequently asked questions about running for local elective office, but it is not intended to be all-

inclusive. While it is believed to be substantially correct, it is by no means exhaustive. It is not

intended to provide legal advice and does not have the force and effect of law, regulation, or rule.

In case of any conflict, applicable law, regulation, or rule will apply.

Candidates and others using this information must bear full responsibility for their own

determinations as to all legal standards and duties and as to all factual matter contained herein.

It is important to note that, while candidates will have extensive, direct contact with the City Clerk's

Office during the nomination and election process, each candidate also has a direct relationship

with, and responsibility to, the Fair Political Practices Commission, Secretary of State, and

potentially other agencies.

See Appendix X

See Appendix X

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3. ELECTION CALENDAR IN BRIEF

Items in red relate to nomination/candidacy. Items in blue relate to FPPC filing deadlines. A more detailed calendar is provided in Section 27.

July 16— August 10, 2018

Declaration of candidacy and nomination period For candidates appearing on the ballot. Nomination period will be extended to August 15 for non-incumbents only, if an incumbent does not file.

July 31, 2018 Semi-Annual Campaign Statement filing deadline Form 460, reporting period: 1/1/18*—6/30/18

August 8— November 6, 2018

24-Hour contribution reporting period Form 497 due within 24 hours of receiving/contributing $1,000 or more, from or to a single source. Committees only.

August 10, 2018

Last day to file nomination papers, by 5:00 p.m. Last day to withdraw nomination papers, by 5:00 p.m. Nomination period will be extended to August 15 if an incumbent does not file.

August 10— August 15, 2018

Extension of nomination period if an incumbent does not file.

August 15, 2018

Last day to file nomination papers, by 5:00 p.m. Last day to withdraw nomination papers, by 5:00 p.m. Extended nomination period if an incumbent does not file.

September 27, 2018 1st Pre-Election Campaign Statement due Form 460, reporting period: 7/1/18—9/22/18 or Form 470, reporting period: calendar year

October 22, 2018 Last day to register to vote.

October 25, 2018 2nd Pre-Election Campaign Statement due Form 460, reporting period: 9/23/18—10/20/18

November 6, 2018 ELECTION DAY Polls open at 7:00 a.m. and close at 8:00 p.m.

December 31, 2018 Suggested last day to terminate committees Form 460, Termination, reporting period: 10/21/18—12/31/18 plus Form 410, Termination

January 31, 2019

Semi-Annual Campaign Statement due

Form 460, reporting period: 10/21/18—12/31/18 All committees, unless terminated before December 31.

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4. FREQUENTLY ASKED QUESTIONS

Who is eligible to run for Mayor or City Council? Candidates must be registered to vote in Pismo Beach, and must complete and file required paperwork, including a Nomination Petition signed by other Pismo Beach voters, before the nomination deadline. In accordance with Elections Code, certain types of felonies disqualify a person from being eligible to hold office. See Section 5 for more information. How many offices are up for election? In every general election, Pismo Beach voters elect two Council Members (4-year terms) and a Mayor (2-year term). In rare circumstances, additional Council seats may need to be filled. Can I run for both Council Member and Mayor? No. How do I register to vote, or check my registration status? To register to vote, or to update a registration to reflect a new residence address or other information, visit: registertovote.ca.gov. When re-registering, the previous registration will be overwritten with the new information. To review current voter registration information, visit: voterstatus.sos.ca.gov. Pismo Beach residents who nominate a candidate for office must be registered to vote in Pismo Beach at the time of signing in order for their signature to be counted. How early can I begin campaigning? Campaigning for office, including soliciting donations, may begin at any time, after the candidate has filed an FPPC Form 501 announcing their intent to run for a specific office and solicit contributions in a specific year. 113 days before the election (occurs mid-July) is the earliest that nomination papers may be pulled and filed for officially recognized candidacy. How late can I begin campaigning? In order to appear on the ballot, a candidate must file all required paperwork, including a Nomination Petition signed by other Pismo Beach voters, no later than 88 days before the election (occurs mid-August). If an incumbent does not file, the filing deadline is extended five additional days for that particular office. In order to be a write-in candidate (not appearing on the ballot), a candidate must file all required paperwork no later than 14 days before the election. Can I have an agent pull and file my nomination papers for me? Yes. A notarized form authorizing an agent to pull and/or file your nomination papers is required. The candidate's Nomination Petition oath and affidavit must also be notarized before filing. What if I run for office and then change my mind? If a candidate announces their candidacy but does not file official nomination papers, the candidate will not appear on the ballot. A candidate who has filed nomination papers may withdraw them at any time before the filing deadline to avoid appearing on the ballot. Once the deadline has passed, papers may not be withdrawn, and the candidate's name will still appear on the ballot, whether they continue campaigning or not. Any candidate who appears on the ballot must accept office if they are elected. In addition, certain FPPC filing requirements must still be met by candidates who have withdrawn, including applicable campaign finance filings and the termination of any official campaign committees. See Section 29 for more information. How much does it cost to run for office? There is no fee to retrieve or file nomination paperwork. If a candidate wishes to have a candidate statement printed in the voter pamphlet, a $150 deposit is required for the cost of printing the statement in English (plus an additional $250 for optional Spanish). A $50 fee is due each year to maintain a campaign committee. External, variable costs associated with running for office may include advertising, purchasing voter information from the Registrar, election night parties, etc.

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5. ELIGIBILITY

Sections 20, 201 – Elections Code

In order to be eligible to hold office as Mayor or City Council Member, a person must be at least 18 years of age, a United States citizen, and a registered voter of the City of Pismo Beach at the time nomination papers are issued. The Mayor and Council Members shall continue to reside in the City of Pismo Beach during their terms of office. Voter registration will be verified by the City Clerk's Office before nomination papers are issued. In accordance with Elections Code §20(a), a person shall not be eligible to be a candidate for or hold City elective office if they have been convicted of a felony involving the embezzlement of public money, extortion or theft of public money, perjury, accepting, giving, or offering to give any bribe, or conspiracy to commit any of those crimes.

6. OFFICES TO BE FILLED

Mayor 2-year term ending 2020 Compensation: $1,072.20 monthly*

City Council Member 4-year term ending 2022 Compensation: $772.20 monthly*

City Council Member 4-year term ending 2022 Compensation: $772.20 monthly*

* Effective December 1, 2018. Plus monthly allowances of $55.00 for phone, $40.00 for internet, and $150.00 for expenses. Each of the positions listed above is considered a separate elective office. A person may only run for one elective office in the City during any given election. The election process for Mayor is identical to that of Council Member. There are no term limits. EC §10220.5

7. CITY GOVERNMENT & ROLE OF THE COUNCIL

Pismo Beach City Council Webpage

The City of Pismo Beach is a general law city, governed by a Council-Manager form of government. Its governing body is an elected City Council, a five-member body comprising four City Council Members and a Mayor. The Mayor and Council Members are elected by the registered voters of the city, from among the registered voters of the city, to represent the city as a whole (elections are at-large rather than district-based). The Mayor is a member of the City Council and casts a vote carrying equal weight to the votes of other members. The Mayor acts as chair of the Council, running meetings and serving as a figurehead. Following an election, the Council appoints one of its members to serve as Mayor Pro Tempore (Vice Mayor) for two years. The City Council is the policy-making body for the City; among its duties are adopting a biennial Budget and Goals, adopting local laws, and appointing the City Manager and City Attorney. Additionally, Members serve on a variety of governmental and community committees, and perform ceremonial functions. The Pismo Beach Mayor and Council Members are not provided with full-time office space or full-time staff support. Members are provided a shared office for periodic use for the purpose of preparing correspondence, meeting with members of the public, etc., and the City Manager's Executive Assistant provides part-time administrative staff support to each member as necessary. Legislative support is provided by the City Clerk's Office. Meetings are generally held twice monthly, on 1st and 3rd Tuesdays at 5:30 p.m. Preparation for meetings, including constituent interactions, meetings with staff, and studying agenda materials, can require a substantial investment of time and energy. The salary provided may only partially offset the actual costs associated with holding office. Prospective candidates are encouraged to

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inquire with staff for more information about the investment of time and effort required for service as a Mayor or Council Member.

A. NOTE ON PARTISAN AFFILIATIONS

It is important to note that the offices of Mayor and City Council Member are non-partisan offices. While each individual candidate and officeholder holds personal political beliefs that may at times influence their analysis of certain issues, party-line affiliations are not part of a local candidate's platform. Ballot designations and candidate statements must not contain any indication of party affiliation. FPPC filings should indicate "Non-Partisan" where applicable. See Section 14, Ballot Designations, and Section 16, Candidate Statement of Qualifications for related regulations.

8. PRE-NOMINATION PERIOD

FPPC Candidate Toolkit Webpage City of Pismo Beach Website

In order to be eligible to be elected, each prospective candidate must retrieve, properly complete, and file all required nomination paperwork during the "Nomination Period" described in Section 9. At any time prior to commencement of the formal Nomination Period, however, a candidate may undertake general campaigning activities. The following should be kept in mind during that time:

Before a candidate solicits any campaign contributions or spends any money in connection with a campaign (other than personal funds spent on filing fees), the candidate must file an FPPC Form 501 with the City Clerk's Office. See Section 17E.

Most candidates must establish a campaign bank account. Refer to FPPC Campaign

Disclosure Manual 2 to determine requirements before receiving or spending money.

If a candidate spends or receives $2,000 or more in connection with their campaign, the candidate must create a campaign committee by filing an FPPC Form 410 within 10 days. This form may also be filed voluntarily ahead of time. See Section 17F.

If a candidate has an open campaign committee on or before June 30, the candidate must file a "Semi-Annual" FPPC Form 460 for the committee no later than July 31, 2018. See Section 17G.

Early preparation for candidacy:

Prospective candidates may plan ahead by familiarizing themselves with regulations pertaining to campaign signs, mass mailers, and other promotional activities. See Sections 18 and 19, and Appendix 13 of these guidelines, as well as online FPPC resources.

Prospective candidates may wish to assure their eligibility to run for office by verifying that their own voter registration in Pismo Beach is current, and may wish to encourage their supporters to do the same, in order to increase the likelihood that their signatures upon the candidate's Nominating Petition will be deemed qualifying.

Prospective candidates may wish to seek information about Pismo Beach City Government, including its current City Council, Advisory Bodies, Budget and Goals, organization, and overall culture. See Section 26.

9. NOMINATION PERIOD

Section 10220 – Elections Code

For candidates appearing on the ballot, Monday, July 16, 2018 at 8:00 a.m., will be the first date and time that nomination papers will be available at the City Clerk's Office, 760 Mattie Road,

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Pismo Beach 93449. Friday, August 10, 2018 at 5:00 p.m.1 is the deadline for filing nomination papers.

A. EXTENSION IF INCUMBENT DOES NOT FILE

Section 10225 – Elections Code

If nomination papers for an incumbent candidate are not filed by 5:00 p.m. on Friday, August 10, 2018, the nomination period for all other potential candidates for that particular office will be extended until Wednesday, August 15, 2018, at 5:00 p.m.2 This provision does not apply if there is no incumbent. For example, if a current Mayor's term is ending and the Mayor does not file nomination papers for re-election to the office of Mayor before August 10 at 5:00 p.m., the deadline will be extended to August 15 at 5:00 p.m. for all prospective candidates for Mayor, other than the incumbent. The extension of the filing deadline for Mayor in this case would not affect the filing deadline for the office of Council Member.

B. WRITE-IN CANDIDACY

Section 8600 et seq. – Elections Code

Write-in candidates (whose names do not appear on the ballot) must obtain, complete, and file an officially issued Nomination Petition and other required documentation between Monday, September 10, 2018 at 8:00 a.m. and Tuesday, October 23, 2018 at 5:00 p.m.2 Requirements for write-in candidates are generally the same as described herein for candidates appearing on the ballot, except that provisions for ballot designations and candidate statements do not apply, because the candidate does not appear on the ballot or in the voter pamphlet. In addition, write-in candidates must file a Statement of Write-In Candidacy supplied by the City Clerk's Office (not provided as part of the standard nomination packet). EC §8600

In order for write-in votes for a candidate to be counted, the candidate must have previously declared their write-in candidacy in compliance with Elections Code. As an illustration, even if one person whose name is not on the ballot receives more "votes" than any other candidate by having their name written in by the largest number of voters, that person is not eligible to be sworn into office unless their write-in candidacy was properly declared. This guide is generally intended for candidates appearing on the ballot, and extra care should be taken when determining requirements for write-in candidacy. Prospective write-in candidates are encouraged to contact the City Clerk's Office to discuss applicable provisions.

10. ISSUANCE OF NOMINATION PAPERS

Individuals who intend to run for the office of Mayor or City Council Member must obtain a candidate materials binder, including a Nomination Petition officially issued in the candidate's name, from the City Clerk's Office. The completed Nomination Petition, along with other required documents, must then be filed before the filing deadline. Campaigning for office, in general, may begin at any time prior to the election; see Section 8. However, in order for a candidate to be eligible to be elected, officially recognized candidacy must be established by retrieving and filing properly completed nomination papers.

1 As determined by www.time.gov. 2 As determined by www.time.gov.

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Nomination Papers may only be issued and filed during the Nomination Period described in Section 9. Please call ahead when planning to obtain official nomination materials ("pull papers") in order that materials may be prepared ahead of time. Please allow 30 minutes for obtaining papers from the Clerk's Office. The Clerk will meet with each candidate to review the materials and filing requirements. When pulling papers, the candidate will be required to sign an Acknowledgment of Receipt for the materials and provide staff with their residence address (required for verifying the candidate's voter registration status), mailing address, and at least one reliable phone number and email address. This information is required to facilitate timely communication between staff and the candidate about time-sensitive campaign matters. At the time nomination papers are issued, staff must be able to verify that the candidate is actively registered to vote at an address within Pismo Beach city limits. If the candidate does not appear to be registered, the candidate may register online or complete and submit a paper registration form at the Clerk's Office before being issued papers, or return another time after registering.

A. USE OF CANDIDATE'S AGENT TO PULL PAPERS

Candidates are strongly encouraged to pull their own nomination papers. Retrieving nomination papers in person provides the candidate a one-on-one opportunity to review the complex nomination material requirements with the City Clerk and helps establish a rapport with City staff. Failure to personally familiarize themselves with the regulatory requirements of nomination, candidacy, and holding office can have severe consequences for a candidate, such as failure to qualify for the ballot or personal liability for violation of codes and regulations. If a candidate needs or desires to authorize an agent to pull or file papers on their behalf, the candidate must complete and sign a Candidate's Agent Authorization Form identifying the agent, which may be submitted by either the candidate or agent. The agent must also sign. The candidate's signature on this form must be acknowledged by a notary. The City Clerk is happy to set appointments to conduct this notarization. The candidate and agent are responsible for their arrangement with respect to handling nomination materials. The authorization only permits the agent to pull and/or file nomination papers, as indicated on the form, and does not authorize the agent to take any other actions on the candidate's behalf, or waive or transfer any of the liabilities or responsibilities of the candidate. Also see Section 11A.

11. FILING OF NOMINATION PAPERS

Section 10224 – Elections Code

Once signatures on the Nomination Petition (see Section 13) have been obtained, the Nomination Petition and all other required nomination paperwork must be filed with the City Clerk. Please refer to the checklist provided in Section 1 to ensure readiness to file all paperwork at one time. Partial filings will not be accepted. All nomination papers shall be filed with the City Clerk during regular business hours, 8:00 a.m.—5:00 p.m., Monday—Friday, excepting holidays; refer to filing deadline information in Section 9 above. To ensure that the City Clerk is available for the filing of nomination papers, please contact the Clerk’s Office set an appointment. Please allow 30 minutes to an hour for filing papers. The Clerk will meet with each candidate to conduct a prima facie review of the sufficiency of the candidate's Nomination Petition, ballot designation and candidate statement, and other materials. If any obvious insufficiencies are found at the time of filing, such as too few signatures on the

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Nomination Petition, an impermissible ballot designation, a candidate statement exceeding 200 words, or any missing documentation, the candidate will not be permitted to file until the insufficiency has been corrected. The Clerk's Office strives to have review of nomination materials, including determination of qualification based on signatures gathered, completed no later than the end of the business day after the day papers are filed, but unforeseen events may delay completion of review. If nomination papers are accepted for filing and an insufficiency is found during review, the candidate may be required to rectify the issue prior to the filing deadline, depending on the issue identified. For this reason, it is advisable to file well in advance of the deadline. For information about Nomination Petitions that are found to have an insufficient number of qualifying signatures, see Section 13B. For information about ballot designations that are determined to be unacceptable, see Section 14C. Once nomination papers have been filed, they may be "withdrawn" only up until the filing deadline if a candidate changes their mind and no longer wishes to appear on the ballot. Once the filing deadline has passed, all candidates who have properly filed papers will appear on the ballot.

A. USE OF CANDIDATE'S AGENT TO FILE PAPERS

Candidates are strongly encouraged to file their own nomination papers. Filing nomination papers in person provides the candidate a one-on-one opportunity to review their completed nomination materials with the City Clerk and address any obvious insufficiencies before filing. Many insufficiencies that may potentially be identified at the time of filing, such as a candidate statement containing impermissible wording, cannot be immediately rectified by an agent, necessitating the return of the materials to the candidate for correction. This kind of delay may potentially render a candidate unable to file nomination materials before the deadline. If a candidate needs or desires to authorize an agent to pull or file papers on their behalf, the candidate must complete and sign a Candidate's Agent Authorization Form identifying the agent, which may be submitted by either the candidate or agent. The agent must also sign. The candidate's signature on this form must be acknowledged by a notary. The City Clerk is happy to set appointments to conduct this notarization. If an agent will file nomination papers, the Affidavit of Nominee and Oath or Affirmation of Allegiance on the back of the Nomination Petition must be completed by the candidate prior to filing and an original jurat executed by a notary or other official authorized by Civil Code §1181, demonstrating that the candidate signed the statement under oath, must be attached. The candidate and agent are responsible for their arrangement with respect to handling nomination materials. The authorization only permits the agent to pull and/or file nomination papers, as indicated on the form, and does not authorize the agent to take any other actions on the candidate's behalf, or waive or transfer any of the liabilities or responsibilities of the candidate. Also see Section 10A.

12. PUBLIC CONTACT INFORMATION

The Public Contact Information form is used to provide information about the candidate (name, office sought, and contact information) to members of the public, including the media. Considering privacy concerns and ease of administering campaign records, candidates may wish to set up an email address, post office box, and/or telephone line exclusively for use in connection with public campaigning activities. It should be noted that potentially sensitive information, including a candidate's actual residence address, must still be disclosed on certain forms.

See Appendix 1

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13. NOMINATION PETITION – OFFICIAL FILING FORM

Section 10220 et seq. – Elections Code

The Nomination Petition form is the means by which a prospective candidate actually qualifies to become an electable candidate, and it must be handled very carefully. It has three primary components:

A. DECLARATION OF CIRCULATOR

Sections 102, 104 – Elections Code

A candidate must first decide whether they will personally circulate their own Nomination Petition for signature, or if someone will circulate it on the candidate's behalf. Only one individual may circulate the petition; the circulator must be 18 years of age or older, and personally witness each signature upon the petition. The person who circulates the petition must complete the "Declaration of Circulator" (back page of Nomination Petition) including the dates between which the signatures were collected.

B. SIGNATURES

Sections 100–-100.5, 105 – Elections Code

Once a circulator has been chosen, signatures from Pismo Beach voters, nominating the candidate for office, must be obtained. Although only 20 signatures are required, the petition has room for, and it is advisable to obtain, 30 signatures. The extra signatures act as a buffer in the event any of the first 20 signatures do not qualify, which is common. Do not exceed 30 signatures. A candidate may sign their own Nomination Petition, as may the circulator if the circulator meets the eligibility criteria. To increase the likelihood that enough signatures will be found valid, a candidate may wish to encourage individuals signing their nomination petition to verify that their voter registration is active and reflects their current residence address. In addition, a candidate may wish to remind signers to print their name and sign their signature in the same manner as their voter registration. See Section 20 for more information about voter registration. Each individual voter may nominate one person for each available elective office. For example, in an election where one Mayor and two City Council Members are being elected, each voter may sign no more than one Nomination Petition for a Mayoral candidate and no more than two Nomination Petitions for different City Council candidates. Any additional signatures affixed by the same voter will be deemed invalid. When the Nomination Petition is filed, the Clerk’s Office will review the signatures to determine whether at least 20 valid, or "qualifying," signatures have been obtained. As a general rule of thumb, a signature will typically be found qualifying if all of the following are true as determined by the Elections Official:

The voter was registered to vote at an address in Pismo Beach at the time of signing;

The voter's residence address as written, by the voter, on the Nomination Petition matches their residence address as registered;

The voter's signature as signed, by the voter, on the Nomination Petition matches their signature as registered;

The voter's name as written, by the voter, on the Nomination Petition is sufficiently similar to their name as registered to allow the individual to be identified.

The above criteria must be evaluated on a case-by-case basis. More detailed information about signature verification standards is available from the Clerk's Office upon request.

See Appendix 2

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The Clerk's Office will strive to have nominating signatures checked no later than the close of business on the business day after the petition is filed, however unforeseen circumstances may delay the completion of signature checking. For this reason, it is advisable to file petitions well in advance of the deadline. If it is determined that a candidate has obtained fewer than 20 qualifying signatures, the Clerk's Office will retain the original Nomination Petition and issue the candidate one Supplemental Nomination Petition, upon which the candidate can obtain additional signatures in order to make up for the shortfall. The Supplemental Nomination Petition must be filed no later than the filing deadline.

C. AFFIDAVIT OF NOMINEE; CANDIDATE'S OATH

Section 10223 – Elections Code

On the back of the Nomination Petition, the candidate must complete the Affidavit of Nominee and Oath or Affirmation of Allegiance. The affidavit is a sworn statement that the candidate signing the nomination paper acknowledges their nomination for the elected position and will accept the office if elected. The affidavit also sets forth the candidate's name, occupation, gender, and residence address: The candidate must print their name and desired ballot designation exactly as the candidate wishes them to appear on the ballot. The residence address provided here must be the address at which the candidate's is registered to vote in Pismo Beach. Indication of a gender is optional, but may be used in order to aid with translation of a candidate statement. With regard to ballot name, no title or degree, such as Dr., Mrs., PhD., or JD, may be used (EC

§13106) and, if the candidate's legal name has changed within the past year, the new name may only be used if it was changed pursuant to marriage or court order (EC §13104). Legal name, nickname, or a combination thereof may be used. Print name in ALL CAPITALS and clearly indicate the spacing desired, if applicable (e.g. LABIANCA vs. LA BIANCA). With regard to ballot designation, many restrictions apply. Please carefully read Section 14, Ballot Designations, and see the worksheet in Appendix 3, before selecting a Ballot Designation. When in doubt, this section may be left blank until papers are filed. The final portion of this section is an Oath or Affirmation of Allegiance affirming that the candidate will execute the duties of office in good faith. Do not sign this portion prior to filing. This portion (beginning with "Executed by me…") must be completed following an oath administered by the City Clerk at the time the candidate files their Nomination Petition. Exception: For candidates utilizing an agent to file papers, the Affidavit and Oath must be signed by the candidate prior to filing. A jurat executed by a notary or other authorized official, demonstrating that the candidate signed the statement under oath, must be attached.

PUBLIC AVAILABILITY

Once a Nomination Petition is filed, public access to the document is limited to viewing in person only; the public may not photograph or otherwise copy a Nomination Petition at any time. EC §17100(c)

See Appendix 2

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14. BALLOT DESIGNATIONS

Sections 10223, 13107 et seq. – Elections Code Section 20710—20719 – Code of Regulations

Immediately under the name of each candidate upon the ballot may appear an optional "ballot designation" conveying the candidate's occupation. Ballot designations are very carefully regulated by Elections Code and companion regulations because the designation can have a significant impact on the voters' perception of candidates appearing on the ballot. A candidate's ballot designation is often the last piece of information, and sometimes the only piece of information, considered by a voter before casting their ballot. Determining that a candidate's ballot designation would not mislead the voters or otherwise violate the law is a critical responsibility for the Elections Official. Even after being accepted by the Elections Official, ballot designations are subject to close scrutiny by the media, the public, and opposing candidates, and may be challenged in court. Eligibility to use any proposed ballot designation, in compliance with the law, must be demonstrated by the candidate, subject to determination of the City Clerk. Candidates are strongly encouraged to review the full text of the applicable code sections, linked above, and contact the City Clerk with questions prior to selecting a proposed designation.

A. BALLOT DESIGNATION WORKSHEET

Section 13107.3 – Elections Code Section 20711 – Code of Regulations

Any candidate wishing to submit a ballot designation must:

Indicate the designation exactly as intended on the back page of the Nomination Petition, and

Submit a Ballot Designation Worksheet (Appendix 3), including supporting documentation justifying the use of the designation.

The Ballot Designation Worksheet provides room to propose up to three ballot designations, in order of preference, in the event a candidate's first choice is deemed impermissible. Candidates are strongly encouraged to propose three different designations, in order to increase the likelihood that a qualifying designation will be accepted prior to the deadline. In the event a candidate fails to file a ballot designation worksheet at the time of filing nomination papers, or in the event the candidate proposes a designation that is not qualifying and does not submit a qualifying designation before the filing deadline, no designation will appear after the candidate's name on the ballot. All fields on the Ballot Designation Worksheet must be filled in. Inapplicable fields must be crossed out or marked "N/A." In addition, documentation supporting all proposed designations must be included. The Clerk may also undertake independent verification of supporting credentials.

PUBLIC AVAILABILITY

Ballot designations worksheets, including any attachments, are public record and may be inspected and copied by the public as soon as submitted. Also see Section 14D, Challenge of Ballot Designation, below. CCR §20711(b)

See Appendix 3

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B. BALLOT DESIGNATION CATEGORIES

The summary of permissible and impermissible ballot designations below is intended as an overview. Example ballot designations are intended to be illustrative, not exclusive, unless otherwise noted. Because ballot designation regulations are complex and technical in nature, particularly with respect to professions, vocations, and occupations, proposed designations may be disqualified for a number of reasons, and candidates are encouraged to contact the City Clerk to review proposed designations prior to filing nomination papers, so that potential problems may be averted. A ballot designation for a Mayor or Council Member candidate may be formulated from any one of the four categories discussed below.

CURRENT ELECTIVE OFFICE (EC §13107(A)(1))

Section 13107(a)(1) – Elections Code Section 20712 – Code of Regulations

If a candidate was voted into an elective office by the people and holds the office at the time they file their nomination papers, the candidate's ballot designation may be the name of the elective office currently held, regardless of the office sought. This type of designation is not subject to a word count limit. For example, if a City Council Member files nomination papers to run for Mayor, the candidate could choose the designation City Council Member or Member of the City Council. The words designating the elective office must consist of the actual title of an elected office. For example, if a candidate is currently an elected City Council Member and also happens to be the current Mayor Pro Tempore, the candidate may not submit the ballot designation Mayor Pro Tempore or Vice-Mayor pursuant to Section 13107(a)(1), because said titles are not elected offices. However, such a designation may be submitted for consideration under Section 13107(a)(3) as a principal profession, vocation, or occupation, discussed below. Ballot designations submitted pursuant to this section are also subject to the restrictions summarized in Section 14C, Unacceptable Ballot Designations, Generally, below.

INCUMBENT (EC §13107(A)(2))

Section 13107(a)(2) – Elections Code Section 20713 – Code of Regulations

If a candidate was voted into an elective office by the people, holds the office at the time they file their nomination papers, and seeks re-election to the same office, the candidate's ballot designation may be the word Incumbent. This designation must not include any other words. The word Incumbent may only be used as a noun, and only as part of a designation submitted under EC 13107(a)(2) (incumbency) or EC 13107(a)(4) (appointed incumbency). The word Incumbent may not be used as an adjective, and may not be used as part of a designation submitted under EC 13107(a)(1) (elected title) or EC 13107(a)(3) (principal professions). Ballot designations submitted pursuant to this section are also subject to the restrictions summarized in Section 14C, Unacceptable Ballot Designations, Generally, below.

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APPOINTED INCUMBENT (EC §13107(A)(4))

Sections 10229, 13107(a)(4) – Elections Code Section 20715 – Code of Regulations

If a candidate was appointed to an office, holds the office at the time they file their nomination papers, and seeks election to the same office, the candidate's ballot designation may be the phrase Appointed Incumbent or the word Appointed followed by the name of the office currently held. For example, if a City Council Member was appointed to the Council and now wishes to run for election to the same office, the candidate could choose the designation Appointed Incumbent or Appointed City Council Member. If a candidate was appointed to an office, holds the office at the time they file their nomination papers, and seeks election to a different office, the candidate's ballot designation may be the word Appointed followed by the name of the office currently held. For example, if a City Council Member was appointed to the Council and now wishes to run for election to the office of Mayor, the candidate could choose the designation Appointed City Council Member. In either scenario, the candidate may not use the word Incumbent by itself, or the name of the current office held without the modifier Appointed. This type of designation is not subject to a word count limit. These restrictions distinguishing an appointed incumbent from an elected incumbent do not apply if the officeholder was nominated by the people for the elected office currently held, then appointed in lieu of an election under special circumstances (See EC §10229). The word Incumbent may only be used as a noun, and only as part of a designation submitted under EC 13107(a)(2) (incumbency) or EC 13107(a)(4) (appointed incumbency). The word Incumbent may not be used as an adjective, and may not be used as part of a designation submitted under EC 13107(a)(1) (elected title) or EC 13107(a)(3) (principal professions). Ballot designations submitted pursuant to this section are also subject to the restrictions summarized in Section 14C, Unacceptable Ballot Designations, Generally, below.

PROFESSIONS, VOCATIONS, & OCCUPATIONS (EC §13107(A)(3))

Section 13107(a)(3) – Elections Code Section 20714 – Code of Regulations

Any candidate, including candidates who would otherwise be eligible to use the types of designations listed above, may choose a ballot designation consisting of the candidate's principal professions, vocations, or occupations. Ballot designations submitted within this category require the most rigorous evaluation for compliance with applicable codes and regulations, and as such are the most likely to be disqualified for non-compliance. An overview of basic evaluation criteria is provided below, followed by more detailed information on each aspect of applicable regulations. Overview of Evaluation Criteria

Each profession, vocation, or occupation must be factually accurate;

Each profession, vocation, or occupation must not be confusing or misleading to a reasonable voter;

Each profession, vocation, or occupation must be a "profession," "vocation," or "occupation" as defined;

Each profession, vocation, or occupation must be a "principal" profession, vocation, or occupation, as defined;

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If the candidate is currently engaged in a principal profession, vocation, or occupation at the time of filing nomination documents, the designated professions, vocations, and occupations must be those in which the candidate is currently engaged;

In the event the candidate does not have a principal profession, vocation, or occupation at the time of filing nomination documents, the designated professions, vocations, and occupations must be those in which the candidate was engaged during the immediately preceding 12 months (except proper use of the word "retired");

If the proposed designation includes the words "Community Volunteer," special criteria must be met;

If the proposed designation includes the word "Retired," special criteria must be met;

The proposed designation must not exceed three words;

The proposed designation must be grammatically correct, generic, and spelled correctly;

The proposed designation must not include any improper punctuation;

The proposed designation must not contain any prohibited content, such as subjective adjectives, the word Former, the prefix Ex-, references to illegal activities, or the name of a political party, religious or ethnic group, or commercial entity.

Definition of "Profession"

Section 20714(a)(1) – Code of Regulations

"Profession" means a field of employment requiring special education or skill and requiring knowledge of a particular discipline. The labor and skill involved in a profession is predominantly mental or intellectual, rather than physical or manual. Examples of acceptable "professions" include, but are not limited to, "attorney," "physician," "accountant," "architect," and "teacher." Definition of "Vocation"

Section 20714(a)(2) – Code of Regulations

"Vocation" means a trade, a religious calling, or the work upon which a person, in most but not all cases, relies for their livelihood and spends a major portion of their time. Examples of an acceptable "vocations" include, but are not limited to, "minister," "mother," "father," "homemaker," "dependent care provider," "carpenter," "plumber," "electrician," and "cabinetmaker." Definition of "Occupation"

Section 20714(a)(3) – Code of Regulations

"Occupation" means the employment in which one regularly engages or follows as the means of making a livelihood. Examples of acceptable "occupations" include, but are not limited to, "rancher," "restaurateur," "retail salesperson," "manual laborer," "construction worker," "computer manufacturing executive," "military pilot," "secretary," and "police officer." Definition of "Principal"

Section 20714(b) – Code of Regulations

"Principal" means a substantial involvement of time and effort such that the activity is one of the primary or main professional, vocational or occupational endeavors of the candidate. The term "principal" precludes any activity which does not entail a significant involvement on the part of the candidate. Involvement which is only nominal, pro forma, or titular in character does not meet the requirements of the statute.

If a candidate is licensed by the State of California to engage in a profession, vocation or occupation, the candidate is entitled to consider it one of their "principal" professions, vocations or occupations if the candidate is actively licensed and has paid all applicable licensure fees as of the date of filing nomination documents.

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Hobbies, Honorary Titles, and Statuses

Section 20716(b) – Code of Regulations

The following are not permissible as principal professions, vocations, or occupations:

Avocations: An avocation is a casual or occasional activity or diversion pursued mainly for enjoyment and in addition to the candidate's principal profession, vocation or occupation. Avocations may include hobbies, social activities, volunteer work that is not a principal occupation, and matters pursued as an amateur.

Pro forma/honorary titles or occupations: Pro forma professions, vocations or occupations are positions held which consume little or none of the candidate's time and which, by their nature, are voluntary or for which the candidate is not compensated. Pro forma occupations may include honorary peace officer, honorary chairperson, honorary professor, goodwill ambassador, or official host or hostess.

Statuses: A status is a state, condition, social position or legal relation of the candidate to other people or the community. A status is generic in nature and fails to identify any particular manner by which the candidate earns a livelihood or spends a majority of their time. Examples of statuses include veteran, proponent, reformer, scholar, founder, philosopher, philanthropist, activist, patriot, taxpayer, concerned citizen, husband, wife.

Punctuation and Word Counting

A designation submitted pursuant to this section must not exceed three words. For purposes of determining whether a designation consists of three or fewer words, the City Clerk will consider the following:

California geographical names will be counted as one word. Geographical names may include cities, counties, or states, e.g. City of Pismo Beach or San Luis Obispo County. Special districts, political subdivisions, and other informal place names e.g. Shell Beach, are not geographical names for purposes of this section.

Hyphenated words that appear in any standard reference dictionary, published in the United States at within the 10 calendar years preceding the election, will be counted as one word. Each part of other hyphenated words shall be counted as a separate word.

Acronyms will be counted as one word.

Punctuation shall be limited to the use of a comma, e.g. County Supervisor, San Luis Obispo County or, if combining multiple professions, a slash, e.g. Lawmaker/Restaurateur/Engineer. Combined Designations

A candidate may engage in multiple principal professions, vocations, or occupations. If a candidate proposes a ballot designation that includes multiple principal professions, vocations, or occupations, the proposed ballot designation must comply with the following provisions:

Each proposed profession, vocation or occupation will be separately evaluated for qualification as a principal profession, vocation, or occupation, as all of those terms are defined by regulation;

When multiple professions, vocations or occupations are proposed as a ballot designation, they shall be separated by a slash (/). An example of a potentially acceptable designation would be Legislator/Rancher/Physician.

The proposed ballot designation must comply with the three-word limitation.

Any candidate wishing to submit a ballot designation that combines their elected office with other professions, vocations, or occupations may do so, but must submit such combined designation for evaluation pursuant to the regulations applied to professions, vocations, and occupations, including the three-word limit. For example, a candidate who wishes to designate that their two primary occupations are being an elected Mayor and teaching may propose the designation Mayor/Teacher.

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Special Restrictions: "Community Volunteer"

Section 13107.5 – Elections Code Section 20714.5 – Code of Regulations

A candidate may propose a principal occupation of Community Volunteer only under the following conditions:

The candidate must meet the following definition: "Community Volunteer" means a person who engages in an activity or performs a service for or on behalf of, without profiting monetarily, one or more of the following:

o A charitable, educational, or religious organization as defined by the United States Internal Revenue Code §501(c)(3);

o A governmental agency; or o An educational institution.

Community volunteer activities must constitute the candidate's principal profession, vocation, or occupation; the activity or service must constitute substantial involvement of the candidate's time and effort such that the activity or service is the sole, primary, main or leading professional, vocational or occupational endeavor of the candidate within the definition of those terms provided above.

The candidate must not be engaged concurrently in another principal profession, vocation, or occupation.

The candidate may not use the designation of "community volunteer" in combination with any other principal profession, vocation, or occupation.

The use of Community Volunteer must not otherwise violate the law or be misleading. Special Restrictions: "Retired"

Section 20716(h) – Code of Regulations

Use of the word Retired in a ballot designation is generally limited for use by individuals who have permanently given up their principal profession, vocation or occupation. In evaluating a proposed ballot designation including the word "retired," the following factors will be considered:

A candidate may not use the word "retired" in their ballot designation if they possesses a more recent, intervening principal profession, vocation, or occupation.

Prior to retiring from their principal profession, vocation or occupation, the candidate must have worked in such profession, vocation or occupation for more than 5 years;

The candidate must be collecting, or eligible to collect, retirement benefits, providing a principal source of income;

The candidate must have reached at least the age of 55 years;

The candidate must have voluntarily left their last professional, vocational or occupational position;

If a candidate proposes a ballot designation as a retired public official, the candidate must have previously voluntarily retired from public office, not have been involuntarily removed from office, not have been recalled by voters, and not have surrendered the office to seek another office or failed to win reelection to the office.

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C. UNACCEPTABLE BALLOT DESIGNATIONS, GENERALLY

Section 13107 – Elections Code Section 20716 – Code of Regulations

In all cases, the Elections official shall not accept a ballot designation which:

Would mislead the voters. o The Elections Official shall determine whether there is a substantial likelihood that

a reasonably prudent voter would be misled as to the candidate's principal profession, vocation or occupation by the candidate's proposed ballot designation, taking into account the plain meaning of the words constituting the proposed ballot designation and the factual accuracy of the proposed designation based upon supporting documents or other evidence submitted by the candidate.

Would suggest an evaluation (laudatory or derogatory) of the candidate's qualifications, honesty, integrity, leadership abilities or character.

o Impermissible adjectives include "senior," "emeritus," "specialist," "leading," "expert," "prominent," "famous," "respected," "dishonest," "corrupt," "lazy."

Abbreviates the word "retired" or places it following any word or words which it modifies. o Impermissible designations include "Ret. Army General," "Major USAF, Retired"

and "City Attorney, Retired."

Uses a word or prefix such as "former" or "ex-," which means a prior status, to indicate a prior profession, vocation, occupation, or elected or appointed office previously held. The only exception is the proper use of the word "retired."

o Impermissible words or prefixes include "ex-," "former," "past," and "erstwhile." Impermissible designations include "Ex-Senator" and "Former Educator."

Uses the name of any political party, whether or not it has qualified for the ballot.

Uses a word or words referring to a racial, religious, or ethnic group. o Any ballot designation which expressly contains or implies any ethnic or racial slurs

or ethnically or racially derogatory language shall be unacceptable. o Candidates who are members of the clergy may not make reference to their

specific denomination, but may use their generic clerical title (e.g., "Rabbi," "Minister," "Priest," "Bishop," "Monk," "Nun," "Imam," etc.)

Refers to any activity prohibited by law. o Unlawful activity includes any activities, conduct, professions, vocations, or

occupations prohibited by state or federal law.

Includes commercial identification information, such as a trademark, service mark, or the specific name of a business, partnership, corporation, company, foundation, or organization.

o Improper use of commercial identification information includes "Acme Company President," "Universal Widget Inventor," "Director, Smith Foundation," "UCLA Professor."

These guidelines are paraphrased from EC §13107 and CCR §20716. Please refer to the full text of the code sections for complete provisions.

Additional restrictions applicable only to certain types of ballot designations are also discussed in each of the sections above. If the elections official finds a proposed ballot designation to be impermissible under Elections Code §13107 and accompanying regulations, the elections official shall notify the candidate by registered or certified mail. The candidate shall, within three working days from the date of receipt of notice, appear before the elections official and provide an alternate designation. In the event the candidate fails to provide an alternate designation within three days, no designation shall appear after the candidate's name on the ballot. EC §13107(f)

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D. CHALLENGE OF BALLOT DESIGNATION

Note that, even if a ballot designation is accepted by the elections official, an opposing candidate or other member of the public may challenge the designation in court. These challenges are typically made on the grounds that the designation contains an error or omission, or otherwise violates the law. EC §13314

E. CHANGING BALLOT DESIGNATION

Section 13107(g) – Elections Code

The ballot designation given by a candidate may not be changed by the candidate after the deadline for filing nomination papers, except as specifically requested by the elections official under the circumstances above.

15. PLACEMENT OF NAMES ON BALLOT

Section 13112 – Elections Code Secretary of State Randomized Alphabet Information Webpage

The Secretary of State will conduct a random alphabetical drawing on August 16, 2018, to determine the order in which candidates’ names shall appear on the ballot for the election. Candidates' names will be placed on the ballot by their surnames in the order of letters determined by this drawing. For example, if the SOS determined that the first three letters were to be B, G, and A, the County Elections Division would place candidates James Buchanan, James Garfield, Ulysses Grant, and Chester A. Arthur on the ballot in that order. Candidates will be notified by the City of the results of the drawing.

16. CANDIDATE STATEMENT OF QUALIFICATIONS

Section 13307—13314 – Elections Code Council Resolution R-2018-042

The candidate may file a Candidate Statement, if desired, for distribution with the pamphlet and sample ballot provided to the voters. The Candidate Statement, which must be filed with the candidate's nomination paperwork, may include a brief description of the candidate's education and qualifications in not more than 200 words expressed by the candidate in the first-person singular. The statement shall not include the party affiliation of the candidate, references to membership or activity in partisan political organizations, or references to other candidates. The statement may be organized into paragraphs but must be otherwise uniform in type style and size. EC §13307(a)(1); EC §13308 The statement must include the candidate's name, and may contain the candidate's age and/or occupation. Here, the candidate's name and occupation may differ from those which will appear on the ballot itself, however the candidate may wish to make them uniform in order to facilitate recognition by voters. In addition to the hard copy of the candidate statement and Candidate's Statement Worksheet that must be submitted with a candidate's nomination paperwork, candidates must submit the text of their statement by email or other electronic means in order to facilitate the prompt and accurate typesetting of the statement. Statements will be printed exactly as submitted; candidates are therefore advised to carefully check their statements for errors in spelling, punctuation, and grammar. Please see the "Candidate's Statement of Qualifications Worksheet" and "Candidate's Statement Word Counting Guidelines" (Appendix 4) for additional important information. A copy of City Council Resolution R-2018-042, setting forth local Candidate Statement regulations, is included.

See Appendices 4A—4E

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PUBLIC AVAILABILITY

Once filed, candidate statements are confidential until the filing deadline passes. During this time, only the City Clerk, Deputy Clerk, and certain County Elections Officials have access to the statement. Once the filing deadline passes, the statements become available for public inspection and copying, including a 10-day window within which the statement may be challenged in court (also see Section 16C, Challenge of Statement below).

A. WORD COUNT STANDARD FOR CANDIDATE STATEMENT

Section 9 – Elections Code

Counting of words for Candidate Statements shall be as follows:

1. Punctuation is not counted. 2. Each word shall be counted as one word except as specified below. 3. All proper nouns, including geographical names, shall be considered as one word; for

example, "County of San Luis Obispo" shall be counted as one word. 4. Each abbreviation for a word, phrase, or expression shall be counted as one word. 5. Hyphenated words that appear in any generally available standard reference dictionary,

published in the United States at any time within the 10 years immediately preceding the election for which the words are counted, shall be considered as one word. Each part of all other hyphenated words shall be counted as a separate word.

6. Dates shall be counted as one word. 7. Any number consisting of a digit or digits shall be considered as one word. Any number

which is spelled, such as "one," shall be considered as a separate word or words. "One" shall be counted as one word whereas "one hundred" shall be counted as two words. "100" shall be counted as one word.

8. Telephone numbers shall be counted as one word. 9. Internet website addresses shall be counted as one word.

See "Candidate's Statement Word Counting Guidelines" (Appendix 4). These standards do not apply to word counting for ballot designations under EC §13107. Final word count will be determined by the City Clerk's Office.

B. FEE FOR PRINTING

The actual cost of printing and handling candidate statements varies from election to election depending on a variety of factors including the number of candidates. Paying this cost is the candidate's responsibility. If a candidate wishes to submit a statement for inclusion in the voter pamphlet, a deposit in the amount of $150 (for English, required) and $250 (for Spanish, optional) is required at the time the Statement is filed. If the deposit paid turns out to be more than the candidate's pro rata share of the actual cost of including the statement in the voter pamphlet, a refund will be processed following the election; if the deposit is an underpayment, the candidate may be required to pay the balance. EC §13307(d)

If an candidate feels that they are unable to pay the fee for filing a candidate statement in advance, they may file a Statement of Financial Worth (see Appendix 4E) supporting their claim of indigence. Whether or not the individual is found to be indigent at the time of filing, they are still responsible for payment of their applicable fees following the election. EC §13309

See Appendix 4B

See Appendix 4D, 4E

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C. CHALLENGE OF STATEMENT; 10-DAY REVIEW PERIOD

Note that, even if a candidate statement is accepted by the elections official, an opposing candidate or other member of the public may challenge the designation in court, during the 10 calendar days immediately following the close of the nomination period. These challenges are typically made on the grounds that the statement is false, misleading, or otherwise inconsistent with the law. EC §13313—13314

D. WITHDRAWAL OF CANDIDATE STATEMENT

A candidate statement may be withdrawn, but not changed or resubmitted, by the candidate at any time before 5:00 p.m. on the business day after the applicable filing deadline.

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17. FAIR POLITICAL PRACTICES COMMISSION (FPPC)

The FPPC is the state agency responsible for enforcing the Political Reform Act of 1974, codified as Government Code §81000, which promulgates campaign finance regulations for local candidates (as part of its larger purview of regulating statewide campaign finance, governmental ethics and conflict of interest, and lobbying activity). The City Clerk serves as the filing officer for FPPC filings relating to City Council elections; certain filings and fees must also be sent by the candidate to other agencies or parties.

PUBLIC AVAILABILITY

All FPPC filings are public records, as their express purpose is making information available to the public. Copies are frequently sought and carefully scrutinized by citizens and media outlets, particularly during elections season. This public information includes, for example, candidate addresses, phone numbers, email addresses, and signatures, information about certain personal financial assets, and the names, addresses, and contribution amounts of campaign contributors. Copies of filings are posted to the City's website for ease of public access, in redacted form to prevent the online harvesting of candidates' personal information for unwelcome purposes such as identity theft and spam email. However, the law requires that completely un-redacted copies be made available to any member of the public upon request. Please keep this in mind when considering candidacy.

A. FPPC FILINGS: OVERVIEW OF CITY CLERK'S RESPONSIBILITY

As the City's FPPC Filing Officer, the City Clerk is required to provide candidates with current FPPC Forms and a schedule of applicable filing deadlines, notify candidates if they miss a filing deadline, and refer non-filers to the FPPC for enforcement. The Clerk's Office also makes an effort to send additional reminders in advance of filing deadlines and provide procedural guidance, but these additional services are a courtesy and are not to be solely relied upon. The City Clerk's Office is not responsible for ensuring that candidates meet their filing deadlines or otherwise adhere to FPPC regulations. And, as mentioned above, the City Clerk's Office will not provide advice legal advice, accounting advice, or other substantive guidance.

B. FPPC FILINGS: OVERVIEW OF CANDIDATE RESPONSIBILITY

FPPC Campaign Basics for candidates spending $2,000 or more FPPC Campaign Disclosure Manual

Candidates are responsible for familiarizing themselves with, and adhering to, the FPPC regulations that apply to them, including filing deadlines. While the Clerk's Office is the filing office for most filings and a source of procedural information, candidates are directly accountable to the FPPC for the accuracy, completeness, and timeliness of their filings. Failure to adhere to these regulations can result in sometimes severe penalties. See FPPC Enforcement Releases online. Candidates are strongly encouraged to familiarize themselves with the structure of the FPPC's campaign statement filing system, including form numbers, the purpose of each form, and the filing deadlines for each. A knowledgeable Treasurer may be appointed, however, candidates benefit greatly from being aware of their own filing responsibilities. The FPPC's Campaign Disclosure Manual for local candidates is provided as Appendix 5. This indispensable manual provides detailed information to assist candidates and treasurers. It should be read carefully, and used in conjunction with the instructions provided on the disclosure forms themselves. The Clerk's Office will not provide advice on interpreting these regulations. Clerk's

See Appendix 5

Pismo Beach Candidate Guidelines | November 2018 General Election | Page 26

Office staff relies heavily on this manual when fielding procedural questions from candidates; as such, candidates are encouraged to consult this manual first when questions arise. In addition, the FPPC website contains an array of other resources, including a "Candidate Toolkit." Visit www.fppc.ca.gov/learn/campaign-rules.html for more resources.

C. OVERVIEW OF FILING REQUIREMENTS

FPPC Forms Webpage

FORM 700

All candidates file a Form 700 disclosing information about personal financial interests within the jurisdiction of the elected office sought. It is due only once during candidacy, and must continue to be filed if elected.

FORM 500

All candidates (with limited exceptions) file a Form 501 declaring their intent to solicit or expend money in connection with a campaign. It is due only once, prior to commencement of campaign finance activity. It is also a general measure of announcing one's candidacy.

"400" SERIES FORMS

FPPC Filing Schedule – November 2018 Candidates and Committees

Forms 410, 460, 470, 497, and other 400-series forms are used to report all activity relating to campaign committees and campaign finance, including the formation and termination of committees, and receipt of contributions and making of expenditures.

WHICH WAY TO PROCEED?

Candidates generally follow one of two courses with respect to campaign statement filing obligations: with a committee, or without a committee. Without a committee, a candidate may need to file as few as three FPPC forms in an entire year (700, 501, and 470) so long as contributions and expenditures both remain below $2,000. In this scenario, the candidate also has no further filing obligations if not elected. Having a committee requires significantly more frequent and more complex FPPC filings, and these responsibilities should be weighed when deciding which way to proceed. For example, a candidate who forms a committee in July will need to make a minimum of six filings that year (700, 501, at least one 410, and at least three 460s), in addition to having ongoing filing obligations whether or not elected. See Filing Schedule provided as Appendix 6. A committee is required for candidates who raise or spend $2,000 or more in a year. A candidate who is likely to raise and/or spend $2,000 typically proceeds with establishment of a committee before the $2,000 threshold is crossed (known as "qualification"). If a candidate proceeds without a committee and later crosses the $2,000 threshold, they must file supplemental reports and form a committee within 10 days, then proceed with the filing schedule for committees. The flow chart on the next page provides an overview of the two paths, including the most common filings and due dates for each. This worksheet is provided for convenience, but is not intended as an exhaustive list of all filings that may be required for a particular candidate or committee. Until such time that a committee is properly terminated, its filing obligations continue indefinitely beyond the timeframe captured by this worksheet.

See Appendix 6

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WORKSHEET: COMMON FPPC FILINGS

DISCLOSES PERSONAL FINANCIAL INTERESTS

FOR ALL CANDIDATES

DATE DUE: WITH NOMINATION PAPERS

DATE FILED: ____________________________

NOTICE OF INTENT TO SPEND/SOLICIT FUNDS

FOR TO CANDIDATES WHO:

SOLICIT OR RECEIVE ANY MONEY

SPEND ANY MONEY OTHER THAN PERSONAL MONEY ON FILING FEES

DATE DUE: BEFORE SPENDING/SOLICITING $$$

DATE FILED: ____________________________

TRACK 1: WITH CAMPAIGN COMMITTEE:

FOR CANDIDATES WHO:

SPEND $2,000 OR MORE, OR

RECEIVE $2,000 OR MORE, OR

DESIRE TO HAVE A COMMITTEE

TRACK 2: WITHOUT CAMPAIGN COMMITTEE:

FOR CANDIDATES WHO:

DO NOT SPEND $2,000 OR MORE, AND

DO NOT RECEIVE $2,000 OR MORE, AND

DO NOT DESIRE TO HAVE A COMMITTEE

ESTABLISHES, AMENDS, OR TERMINATES A CAMPAIGN COMMITTEE

AFTER SPENDING/RECEIVING $2,000 OR MORE…

MORE THAN 16 DAYS PRIOR TO ELECTION: DUE WITHIN 10 DAYS (THROUGH October 20)

WITHIN 16 DAYS OF ELECTION: DUE WITHIN 24 HOURS (October 21—November 6)

DATE FILED (INITIAL): __________________________

DATE FILED (AMENDMENT): _____________________

DATE FILED (AMENDMENT): _____________________

NO COMMITTEE FORMATION DOCUMENTS REQUIRED. (IF $2,000 IS LATER SPENT OR RECEIVED:

FILE A "SUPPLEMENTAL" FORM 470 WITHIN 48 HOURS, WITH COPIES TO: o SECRETARY OF STATE o CITY CLERK o OTHER CANDIDATES

ESTABLISH A COMMITTEE WITHIN 10 DAYS, BEGINNING WITH A FORM 410, AND CONTINUE ON THE COMMITTEE TRACK AT LEFT.)

CAMPAIGN FINANCE STATEMENT

CANDIDATES WITH A COMMITTEE

DATE DUE (SEMI-ANNUAL): July 31

DATE FILED: ____________________________ DATE DUE (1st PRE-ELECTION): September 27

DATE FILED: ____________________________ DATE DUE (2nd PRE-ELECTION): October 25

DATE FILED: ____________________________ DATE DUE (SEMI-ANNUAL): January 31

DATE FILED: ____________________________ DATE DUE (TERMINATION): Any time to terminate

DATE FILED: ____________________________

CAMPAIGN FINANCE STATEMENT

CANDIDATES WITHOUT A COMMITTEE

DATE DUE (1st PRE-ELECTION): September 27

DATE FILED: ____________________________

REPORTS $1,000

CONTRIBUTION/EXPENDITURE WITHIN FINAL 90 DAYS

CANDIDATES WITH A COMMITTEE

AFTER RECEIVING/CONTRIBUTING $1,000 OR MORE FROM OR TO A SINGLE SOURCE…

WITHIN 90 DAYS OF ELECTION: DUE WITHIN 24 HOURS (August 8—November 6)

DATE FILED: ____________________________

TERMINATES A CAMPAIGN COMMITTEE

(+ "TERMINATION" FORM 460)

DUE BY DECEMBER 31 TO AVOID ADDITIONAL FORM 460s IN FOLLOWING YEAR, OR

DUE ANY TIME TO TERMINATE A COMMITTEE

DATE FILED (TERMINATION): ____________________

NO COMMITTEE TERMINATION DOCUMENTS REQUIRED

This worksheet is an overview of common filings and does not represent all possible filings that may be required. Unusual circumstances may necessitate filings not shown here. Until a committee is terminated, its filing obligations continue indefinitely.

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D. STATEMENT OF ECONOMIC INTERESTS (FORM 700)

FPPC Form 700 Webpage

All candidates are required to file FPPC Form 700 (Statement of Economic

Interests). The Form 700 is used to disclose certain types of personal financial interests within the jurisdiction of the elected office sought, which helps the public to evaluate which sources of income may be potential conflicts of interest for the candidate. This is the same form used to disclose financial interests for elected Council Members, certain City staff, and many public officials throughout the state. Candidate Forms 700 are filed with the City Clerk's Office, which then forwards them to the FPPC. Form 700 must disclose certain investments, interests in real property, and business positions held on the date of filing, as well as income (including loans, gifts, and travel payments) received during the 12 months prior to the date of filing. Detailed instructions are provided on the Form 700, in the Form 700 Reference Pamphlet, and on the FPPC's Form 700 webpage. Note: Upon election, City Council Members must continue to file Form 700 annually for the duration of their term in office, and one final time upon leaving office. These annual filings require the disclosure of certain personal financial interests in the categories of investments, real property, income, loans, business positions, gift income, and travel payment income.

PUBLIC AVAILABILITY

Form 700 is a public record as soon as filed, and remains on file for public inspection during and after the term of the candidate or officeholder.

E. CANDIDATE INTENTION STATEMENT (FORM 501)

Candidates and officeholders who intend to raise or spend any campaign funds must file FPPC Form 501 (Candidate Intention Statement) before soliciting or receiving any contributions, including loans, or making expenditures other than personal funds spent on filing fees. In addition, note that most candidates will be required to establish a campaign bank account. Please refer to Campaign Disclosure Manual 2 for instructions on completing the form, and for more information about campaign bank account requirements. Form 501 is filed with the City Clerk's Office and is not copied or forwarded to another agency. A Form 501 is technically not required if a candidate 1) does not solicit or receive any contributions and 2) does not make any expenditures except personal funds used to pay filing or candidate's statement fees. However, all candidates are encouraged to file a Form 501 as a measure of transparency because it is a vehicle through which an individual announces their intent to run for a specific office, in a specific jurisdiction, in a specific year.

PUBLIC AVAILABILITY

Form 501 is a public record as soon as filed, and remains on file for public inspection during and after the term of the candidate or officeholder.

See Appendix 7

See Appendix 8

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F. STATEMENT OF ORGANIZATION (FORM 410)

Secretary of State Committee Lookup (see "Cal-Access Search") Section 18402 – Code of Regulations Section 84100 et seq. – Government Code

FPPC Form 410 (Statement of Organization of Recipient Committee) is the form used to create, amend, and terminate campaign committees. A committee is the means by which a candidate spending or receiving $2,000 or more in a year centralizes and reports all of the income and expenditure activity associated with their campaign. Please refer to Campaign Disclosure Manual 2 for instructions on completing the form. Form 410 is filed directly with the Secretary of State, with a copy to the City Clerk's Office. Creating a committee: The "Initial" filing of this Statement forms a committee which must thereafter file Form 460 campaign statements (see Section 17G below), and any other filings applicable to committees, in accordance with FPPC filing schedules, until the committee is terminated. A campaign committee formed and controlled by the candidate is known as a "controlled committee." For more on committee naming requirements, see CCR §18402. See the subsection below for information about committee ID numbers and registration fees. The Initial Form 410 must be filed within 10 days of receiving or spending $2,000 (known as "qualification"), but candidates who anticipate crossing the $2,000 threshold, or simply desire to have a committee, are encouraged to file a Form 410 with their nomination papers rather than waiting. During the final 16 days before the election, this filing deadline is shortened to 24 hours. Amending a committee: If any of the information on a Form 410 Statement of Organization changes, such as committee name, address, treasurer, or qualification date, an "Amendment" Form 410 must be filed. The principal officers shown on the Form 410 are deemed to be the committee's responsible parties. An Amendment Form 410 is due within 10 days of any change to the committee. During the final 16 days before the election, this filing deadline is shortened to 24 hours. Terminating a committee: In order to terminate a committee, a "Termination" Form 410 must be filed, along with a "Termination" Form 460, following the proper disbursement of the committee's assets and reporting of all activity. Until properly terminated, a committee's filing obligations continue indefinitely (and officeholders who terminate their committees continue to have other filing obligations). Refer to Campaign Disclosure Manual 2.

PUBLIC AVAILABILITY

Form 410 is a public record as soon as filed, and remains on file for public inspection during and after the life of the committee.

SECRETARY OF STATE, COMMITTEE IDS, AND FEES

It should be noted that, while the FPPC enforces campaign committee regulations, the California Secretary of State's Political Reform Division (not the FPPC) is the agency that administers campaign committee registration. The candidate is responsible for filing the original Form 410 with the Secretary of State (SOS) and providing a copy to the City Clerk. The SOS will issue a unique identification number to the committee, which must then be used on future campaign finance filings, campaign advertisements, and the like, as a unique identifier for the committee. The ID number and status of a committee in SOS records may be verified at http://cal-access.sos.ca.gov. Candidate last name may be entered in the search box at top left.

See

Appendix 9

Pismo Beach Candidate Guidelines | November 2018 General Election | Page 30

A $50 fee must be paid to the Secretary of State when establishing a committee, and paid again no later than January 15 in every year the committee is active. If a committee is established before it qualifies, payment of the fee may be postponed until qualification.

G. CAMPAIGN STATEMENT - LONG FORM (FORM 460)

Sections 84200, 84200(8)(a) – Government Code

FPPC Form 460 (Recipient Committee Campaign Statement) discloses the campaign finance activity of committees. The Form 460 is filed at various intervals to provide a continuous reporting of all contributions received, expenditures made, and account balances from the date the committee is formed through the date the committee is terminated. Form 460 must be filed by all candidates, officeholders, and other proponents with an open committee. Form 460 is filed with the City Clerk's Office and is not copied or forwarded to another agency. Candidates who do not raise or spend $2,000 or more (i.e. candidates without committees) may instead file a Form 470 (see Section 17H below). Form 460 includes basic information about the candidate, their treasurer and any known third-party committees organized to support the candidate, along with detailed information about the sources of contributions, recipients of expenditures, and an accounting of committee assets. This information is central to the transparency achieved through FPPC filings, and forms with incomplete information will not be accepted for filing. The Clerk's Office will verify that this form is prima facie complete, but will not very the accuracy of the information or review the accounting. A candidate may need to file as often as four times in the election year, depending on when their committee is formed. Officeholders will typically file twice in a year. See Filing Schedule provided as Appendix 6. Please refer to Campaign Disclosure Manual 2 for instructions on completing the Form 460. The information reported on Form 460 requires very scrupulous financial record-keeping, and candidates and treasurers are encouraged to familiarize themselves with the information that must be reported, in advance of accepting contributions or making expenditures, to ensure that all relevant information is recorded as the transactions occur. Note: Form 460s must continue to be filed in accordance with the FPPC's filing schedule for as long as the committee is active (i.e. until it is properly terminated), whether or not the candidate is successfully elected.

PUBLIC AVAILABILITY

Form 460 is a public record as soon as filed, and remains on file for public inspection during and after the life of the committee. Forms 460 in particular are frequently sought, and heavily scrutinized, by the media, the public, and other candidates, most often to determine the sources of a candidate's campaign income.

See Appendix 10

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H. CAMPAIGN STATEMENT - SHORT FORM (FORM 470)

FPPC Form 470 (Officeholder and Candidate Campaign Statement—Short Form) discloses the campaign finance activity of candidates who do not have a committee. Candidates who have not raised or spent, and do not anticipate raising or spending, $2,000 or more in a calendar year in connection with their campaign, and do not otherwise wish to have a campaign committee, may file Form 470. Form 470 is filed with the City Clerk's Office and is not copied or forwarded to another agency (procedure differs for a Form 470 Supplement; refer to instructions on the form). This form includes basic information about the candidate and any known third-party committees organized to support their candidacy, along with a declaration that the candidate will neither raise nor spend $2,000 or more in the calendar year. If $2,000 is later raised or spent, a Form 470 Supplement, Form 410 Statement of Organization establishing a committee (see Section 17F), and Form 460(s) must then be filed. Please refer to Campaign Disclosure Manual 2 for instructions on completing the Form 470 and Form 470 Supplement. Note: Upon election, City Council Members without an active campaign committee must continue to file an annual Form 470 in accordance with the FPPC's filing schedule, for the duration of their term in office.

PUBLIC AVAILABILITY

Form 470 is a public record as soon as filed, and remains on file for public inspection during and after the term of the candidate or officeholder.

I. 24-HOUR CONTRIBUTION REPORT (FORM 497)

Within the 90 days before an election, and on Election Day, FPPC Form 497

(24-Hour Contribution Report) must be filed by a committee that receives or contributes $1,000 or more, in the aggregate, from or to a single source. This requirement does not apply to candidates without a committee. Form 497 is filed with the City Clerk's Office and is not copied or forwarded to another agency. For example, if a committee receives $600 from a contributor 60 days before the election and another $500 from the same contributor 30 days before the election, the committee must file Form 497 within 24 hours of the second payment because the payments total $1,000 or more combined. The $1,000 total does not aggregate payments made before the 90-day window. If the $1,000 threshold is crossed on a weekend or holiday, the filing deadline is extended to the next business day, except on the weekend immediately preceding Election Day, during which time the business-day extension does not apply. Other special provisions may apply; please refer to Campaign Disclosure Manual 2 for further instructions. Contributions reported using Form 497 must also be reported on the candidate's regular Form 460 covering the reporting period (see Section 17G above).

PUBLIC AVAILABILITY

Form 497 is a public record as soon as filed, and remains on file for public inspection during and after the term of the candidate or officeholder.

See

Appendix 11

See Appendix 12

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J. FUTURE FILINGS

FPPC filings required post-Election Day will depend on whether a candidate is successful or not, and whether the candidate has and chooses to retain a campaign committee. As a general rule of thumb, campaign-related FPPC filing obligations are likely to apply to anyone who: is an officeholder; and/or will appear on the ballot in the next election; and/or has raised or spent campaign funds during the year; and/or has an open campaign committee. Detailed information is provided in Campaign Disclosure Manual 2. In particular, candidates with committees, whether elected or not, are encouraged to carefully read provisions for what may, and may not, be done with "leftover" campaign funds (refer to "After the Election" in Manual 2). With respect to campaign finance filings, generally speaking, any candidate without a campaign committee (never opened, or after proper termination) who is elected to office need only file a Form 470 once per year while in office. Such a candidate who is not elected has no ongoing filing requirements. Candidates with committees, whether elected or not, must continue to file Form 460s at "Semi-Annual" intervals (refer to FPPC filing schedules) in order to continuously report contributions and expenditures throughout the time the committee is active. Other filing requirements may apply depending on fundraising and expenditure activity. Generally, candidates who are elected must file a Form 700 each year before April 1, reporting interests held in the preceding calendar year, and once again within 30 days of leaving office. See also Section 30, After the Election.

K. CONFLICT OF INTEREST REGULATIONS

FPPC Local Gift Fact Sheet

In addition to campaign finance requirements discussed above, candidates for local elective office are also subject to certain other conflict of interest regulations while running for office. In most regards, a candidate for Mayor or Council Member is subject to the same conflict of interest requirements and limitations as an elected Mayor or Council Member. Along with City Managers, City Attorneys, Treasurers, and Planning Commissioners, both candidates and seated Mayors and Council Members are classified by Government Code §87200 as officers subject to the full breadth of the Political Reform Act. Other "87200" filers include the Governor, Coastal Commissioners, County Supervisors, and District Attorneys. Conflict of interest provisions applicable to Mayor and Council candidates include, but are not limited to:

Gifts: No more than $470 in gifts may be accepted from a single source in a calendar year (amount adjusted annually). Gifts from a single source aggregating to $50 or more must be disclosed on the candidate's Form 700.

Honoraria: Candidates must not accept any form of honoraria (fee received for authoring an article, or attending or speaking at a conference, panel, or social event).

Travel Payments: Payments or reimbursements for a candidate's travel may be deemed a gift, income, or a campaign contribution. Care should be taken to accurately classify and report any such payments.

Loans: Loans over $250 may not be accepted from agency (City) officials or contractors. Loans that are not repaid are likely to be deemed reportable gifts. Loans to campaigns, from both outside sources and the candidate's own funds, must be reported under campaign finance reporting requirements.

Pismo Beach Candidate Guidelines | November 2018 General Election | Page 33

As a rule of thumb, when a candidate receives, or considers accepting, any amount of money or any item of value, the candidate may wish to review the FPPC Local Gift Fact Sheet to determine whether the payment or item of value may be limited, prohibited, and/or reportable.

L. REQUESTING ADVICE FROM THE FPPC

FPPC Advice Webpage

The City Clerk's Office will provide forms and procedural filing information, but cannot provide advice on interpreting FPPC regulations or determining what to disclose on FPPC forms. Advice should be sought from the FPPC for substantive determinations. Advice from other counsel may be sought as well, but only formal advice from the FPPC itself will insulate a candidate in the event of legal action relating to their campaign finance activities. Informal advice may be obtained for simple questions. FPPC staff is available by telephone Monday through Thursday, 9:00 a.m. to 11:30 a.m., or by email at any time, to provide assistance to anyone who has reporting or other requirements under the Political Reform Act. For advice on substantive matters that the candidate wishes to rely upon in the future for legal or other purposes, formal written advice, delivered in the form of a written letter, must be requested. For more information about preparing to request advice, visit www.fppc.ca.gov/advice.html.

Assistance by Phone 1-866-ASK-FPPC (1-866-275-3772)

Assistance by Mail Fair Political Practices Commission

1102 Q Street, Suite 3000 Sacramento, CA 95811

Assistance by Email advice@fppc.ca.gov

18. POLITICAL SIGNS

Sections 17.111.050, 17.36.060 – Pismo Beach Municipal Code

Political signs are a traditional means of expressing a candidate's philosophy or position. While free expression is encouraged, these signs are regulated by the City's Municipal Code in order to reduce litter, prevent aesthetic blight, and protect property rights. Relevant Municipal Code sections are provided as Appendix 13A. As a rule of thumb, political signs may only be placed on private property, and only with permission of the owner. Candidates are asked to reinforce this requirement with their campaign volunteers. When political signs are placed improperly, it reflects poorly upon the campaign and creates additional workload for City staff. Signs placed on City property or in City right-of-way will be subject to removal. Please contact the Public Works Department at (805) 773-4656 for more information. Signs otherwise not conforming to City regulations may be subject to administrative enforcement action. Please contact the Community Development Department at (805) 773-4658 for more information.

A. POLITICAL SIGNS ON STATE HIGHWAYS

Political signs in state highway right-of-way may be permitted in certain circumstances by the California Department of Transportations (Caltrans). A Statement of Responsibility for Temporary Political Signs must be submitted to the Caltrans Division of Right of Way as part of their Outdoor Advertising program.

See Appendix 13

See Appendix 13B

Pismo Beach Candidate Guidelines | November 2018 General Election | Page 34

19. MAILERS & ADVERTISING

FPPC Political Advertising Disclaimer Guide Section 84305, 84310, 84502 et seq. – Government Code Section 18435, 18440 – Code of Regulations Section 16 – Elections Code

Political Reform Act statute and regulations specify the way in which the candidate or committee sponsoring a political advertisement must be identified. Requirements vary depending on the type of media. For example, a television ad must include the words "Paid for by" followed by full name of committee shown for at least four seconds in a type size equal to at least four percent of the height of the screen. Before designing, ordering, or placing any type of advertisement, including mailers, email distributions, billboards, lawn signs, print ads, or telephone calls, candidates and those assisting with campaigns are encouraged to review the Political Advertising Disclaimer Guide prepared by the FPPC, and consult related code sections, to determine identification requirements.

A. MASS MAILINGS (GC §84305)

With respect to mass mailings, the Political Reform Act specifies that a candidate or committee who sends a mass mailing (200 or more identical or nearly identical pieces of mail or email in a calendar month) must identify itself in a certain way on the mailer. The following is a summary of the requirements that apply to candidates and their controlled committees for mass mailings:

For a mass mailing, the name, street address, and city of the candidate or committee must be shown on the outside of each piece of mail in type that is at least 6-point in size and printed in a color or print that contrasts with the background.

If the mailer is sent by more than one candidate or committee, the address must also be shown on at least one of the inserts included within each piece of mail.

For a mass electronic (email) mailing, the name of the candidate or committee must be shown in the electronic mailing preceded by the words “Paid for by” in at least the same size font as a majority of the text in the electronic mailing.

A post office box may be shown in lieu of a street address if the candidate or committee's address is a matter of public record with the Secretary of State.

If the sender of a mass mailing is a controlled committee, the name of the person controlling the committee shall also be included.

Elections Code requires that a copy of Government Code §84305 be provided by the elections official to each candidate, or their agent, at the time of filing the declaration of candidacy. Please see Appendix 13D to review the complete code section.

B. USE OF CITY LOGO

The City logo, or any other insignia representing the authority or identity of the City of Pismo Beach, may not be used by candidates, including incumbents, or other individuals in conjunction with campaign activities.

See

Appendix 13C, 13D

See Appendix 13D

Pismo Beach Candidate Guidelines | November 2018 General Election | Page 35

20. VOTER REGISTRATION

Candidates for elective office must be registered to vote in their jurisdiction at the time nomination papers are issued. In addition, each Pismo Beach resident signing a Nomination Petition (or initiative petition) must be registered to vote in Pismo Beach, at the address written next to their signature on the Nomination Petition, in order for their signature to be counted.

Before undertaking any official activity, prospective candidates are encouraged to verify that they are registered to vote at their current residence address, and encourage any individuals wishing signing their Nomination Petition to do the same.

A voter may visit https://voterstatus.sos.ca.gov or contact the County Registrar of Voters to verify whether their registration is active and reflects their correct name and current residence address.

Voters who are unsure of their registration status may register or re-register online at http://registertovote.ca.gov/ or by submitting a new paper registration form, available from the City Clerk, County Clerk-Recorder, DMV, or Post Office. If a voter already has a registration on file, submitting a new online or paper registration form will simply update the existing registration. The deadline to register to vote for this election is October 22, 2018.

A. REGISTRAR & VOTER INFORMATION

The San Luis Obispo County Registrar of Voters is the County Clerk-Recorder. Visit www.slovote.com for official County Elections information.

Certain voter registration information is available for purchase by candidates and other political proponents for use in conjunction with campaign activities such as precinct walks. This information is otherwise confidential and may not be used for any other purpose. An application

and fee schedule for obtaining voter registration information from the County Registrar of Voters is provided as Appendix 14. Please contact the Registrar at (805) 781-5228 with any questions.

21. POLLING PLACES & PRECINCTS

Online Polling Place Lookup – San Luis Obispo County Elections Precinct Maps – San Luis Obispo County Elections

There are two polling places in Pismo Beach, shown below. Voters may look up their polling place on the County Elections website. Interactive GIS and PDF precinct maps are also available on the County's website. A list of voters in each precinct is among the information available for request from the County for use for elections purposes. See Section 20 above.

Shell Beach Veterans' Hall, 230 Leeward Avenue (same building as the library)

22. ELECTIONEERING & POLLING PLACE CONDUCT

Sections 319.5, 18370—18371, 18540 et seq. – Elections Code

In order to protect a voter's right to vote freely, confidentially, and without intimidation, Elections Code prescribes limitations on activities that may be conducted in and near polling places.

Elections Code §18370 states that within 100 feet of a polling place on Election Day, no person shall:

Circulate an initiative, referendum, recall, nomination petition or any other petition

Solicit a vote, or speak to a voter on the subject of marking their ballot

See Appendix 14

New Life Community Church, 990 James Way

Pismo Beach Candidate Guidelines | November 2018 General Election | Page 36

Place a sign relating to voters’ qualifications or speak to a voter on the subject of the voter's qualifications, except members of the precinct board

Do any electioneering Elections Code defines "electioneering" as the "visible display or audible dissemination of information that advocates for or against any candidate or measure on the ballot within 100 feet of a polling place, an elections official’s office, or a satellite location [...]." Prohibited conduct includes, but is not limited to, display of a candidate’s name, likeness, or logo, display of a ballot measure’s number or subject, display or dissemination of promotional materials such has buttons, hats, or stickers, and audible broadcasting of information about candidates or ballot measures. Elections Code §18540 et seq. deals specifically with voter intimidation, and §18541 provides that no person shall photograph, videotape, or otherwise record a voter entering or exiting a polling place.

23. PUBLIC RESOURCES & CITY STAFF INTERACTION

Section 3201 et seq. – Government Code

Candidates who are existing officeholders or otherwise have access to City resources should bear in mind that it is illegal for public resources, including City funds, staff time, letterhead, office supplies, equipment such as telephones and copy machines, or computer resources, to be utilized for political purposes, both during and outside working hours. When interacting with City staff, candidates should bear in mind that City staff may not engage in political activity during working hours, on City work premises, or while in City uniform. City staff may, however, engage in political activity on their own time and using their own resources. Candidates, including officeholders running for re-election, can be expected to be treated impartially by staff, in a manner the same as all other candidates, and in a manner the same as other members of the public. Please bear in mind that status as a candidate does not confer any privileged access to information, staff time, or other resources. Please see Section 26D for more information about requesting information from City staff. In addition, candidates should bear in mind that the solicitation of contributions from government employees for candidate campaigns or other political causes is against the law. (An exception applies if the solicitation is part of a solicitation made to a wide segment of the public, such as a mass mailer sent to all Pismo Beach voters.) It is against the law for a candidate, whether currently holding an elected office or otherwise, to attempt to leverage their position in any way to influence the vote or political support of a public official or employee. In the converse, it is against the law for any employee to attempt to leverage their official position to aid or obstruct the success or failure of a candidate by conditionally granting or withholding votes or other influence.

24. CODE OF FAIR CAMPAIGN PRACTICES

Section 20440 – Election Code

In compliance with Elections Code §20440, potential candidates who are issued nomination papers will receive a copy of the "Code of Fair Campaign Practices" as set forth in the Code. Pledging to adhere to these practices, by signing and returning the form, is voluntary. If executed, the signed document will be public record. An Institute for Local Self Government publication entitled "Win the Right Way" has been provided as Appendix 15B. This guide contains tips for framing a campaign and anticipating and handling campaigning challenges without forsaking values and principles.

See Appendices 15A, 15B

Pismo Beach Candidate Guidelines | November 2018 General Election | Page 37

25. LOCAL CAMPAIGN REGULATIONS

Council Resolutions R-2018-040, R-2018-041

Candidates are sometimes advised, in addition to state regulations, to verify their jurisdiction's local campaign regulations, such as campaign contribution limits. The City of Pismo Beach has not adopted any such local campaign finance regulations. In addition to Pismo Beach's Candidate Statement policy, discussed in Section 16, and campaign sign regulations, discussed in Section 18, each election year the City Council adopts Resolutions stating that in the event of a tie vote, a run-off election will be conducted, and requesting that the County consolidate the City's election with its own election activities.

26. STAY INFORMED

A. CITY NEWS & MAILING LISTS

Information about the City and City Council's activities is available on the City's website. City News and Calendar items appear at the bottom of the homepage. The "Stay Informed" clamshell button links to the City's "Notify Me" mailing lists, where subscribers can receive email or text message updates on topics of interest including City Council and Advisory Body agendas, the Clam Chronicle newsletter, and Elections updates. The City posts regularly on the following social media platforms:

Facebook (City): facebook.com/cityofpismobeach

Facebook (Classic California): facebook.com/pismobeachca

Instagram: instagram.com/pismobeachca

Twitter (City): twitter.com/cityofpismo

Twitter (Classic California): twitter.com/pismotravel

YouTube: youtube.com/channel/UCOF2CA1pwtYn4xq41No0MeA

B. CITY BUDGET

The City Council adopts a biennial budget, which contains a wealth of information about the City's organization, operations, and planned projects. Adopted budgets are available for download at pismobeach.org/budget. Candidates are encouraged to review the Comprehensive Budget Summary section beginning on page 21 of the Fiscal Year 2018 & 2019 Budget for information about the City's revenue sources, major expenditures, investments, and budget process and policies. Helpful historical and demographic information is provided beginning on page 109. An organizational chart is provided on page 124, showing the relationships between staff departments, the City Manager, the City Council, Advisory Bodies, and the public.

Pismo Beach Candidate Guidelines | November 2018 General Election | Page 38

C. CITY MEETINGS & LEGISLATION

Access Pismo Public Records Portal Webpage

City Council and Advisory Body meetings are open to the public, with very limited exceptions. Attendance at these meetings is a way to stay up-to-date and participate in local government. Agendas and Minutes for these meetings are available in the Access Pismo public records portal. Agendas, Minutes and meeting video for City Council and Planning Commission meetings are also available online at pismobeach.org/agenda and pismobeach.org/pcagenda, respectively. While the City Council typically does not meet in July, prospective candidates may wish to review meeting video on the City's website to get a feel for the nature of public Council meeting proceedings.

D. REQUESTS FOR INFORMATION

Please direct requests for information to the City Clerk by email at einderlied@pismobeach.org. Candidates requesting substantive information in person or over the phone will be asked to make their request in writing instead. The City Clerk will maintain an email list of individuals who have been issued a packet of nomination papers and/or filed a Form 501, and copy the entire group with responses to inquiries. No identifying information about requestors or recipients will be included in the information distributed to the group. Additionally, the information will be available at the front counter of the Clerk's Office in a public version of the Candidate Guidelines.

Pismo Beach Candidate Guidelines | November 2018 General Election | Page 39

27. ABBREVIATED ELECTION CALENDAR FOR CANDIDATES

Items in red relate to nomination/candidacy. Items in blue relate to FPPC filing deadlines.

July 16— August 10, 2018

Declaration of candidacy and nomination period For candidates appearing on the ballot. Nomination period will be extended to

August 15 for non-incumbents only, if an incumbent does not file. (EC §10220)

July 31, 2018

Semi-Annual Campaign Statement filing deadline Form 460, reporting period: 1/1/18*—6/30/18 *The period covered by any statement begins on the day after the closing date of the last

statement filed, or January 1 if no previous statement has been filed. (GC §84200)

August 8— November 6, 2018

24-Hour contribution reporting period Form 497 due within 24 hours of receiving/contributing $1,000 or more, from or to a single source. Committees only. (GC §82036, §84203, §84203.3, §84215)

August 10, 2018

Last day to file nomination papers, by 5:00 p.m. Last day to withdraw nomination papers, by 5:00 p.m. Nomination period will be extended to August 15 for non-incumbents only, if an incumbent does not file. (EC §10220, §10224)

August 10— August 15, 2018

Extension of nomination period for non-incumbents only, if an incumbent does not file. (EC §10225)

August 11— August 20, 2018

Candidate statement review period. (EC §13313, §13314)

August 13, 2018 (August 11 falls on a Saturday)

Last day to withdraw, but not change, Candidate's Statement by 5:00 p.m., if nomination period is not extended. (EC §13307(a)(3))

August 15, 2018

Last day to file nomination papers, by 5:00 p.m. Last day to withdraw nomination papers, by 5:00 p.m. If nomination period is extended because an incumbent did not file. (EC §10225)

August 16, 2018 Last day to withdraw, but not change, Candidate's Statement by 5:00 p.m., if filing during the extension period. (EC §13307(a)(3))

August 16, 2018 Random alphabet drawing by Secretary Of State to determine order of names on ballot. (EC §13112)

September 10— October 23, 2018

Write-in candidacy filing period (EC §8600 et seq.)

September 27— October 16, 2018

State Voter Information Guide mailing period (EC §13303)

September 27, 2018 1st Pre-Election Campaign Statement due Form 460, reporting period: 7/1/18—9/22/18 or Form 470, reporting period: calendar year (GC §84200.5, §84200(8)(a))

October 9, 2018 (October 8 falls on Columbus Day)

First day vote-by-mail ballots are available.

October 22, 2018 Last day to register to vote.

Pismo Beach Candidate Guidelines | November 2018 General Election | Page 40

October 23, 2018 Last day to file for write–in candidacy. (EC §8600 et seq.)

October 25, 2018 2nd Pre-Election Campaign Statement due Form 460, reporting period: 9/23/18—10/20/18 (GC §84200.5, §84200(8)(b))

November 6, 2018 ELECTION DAY Polls open at 7:00 a.m. and close at 8:00 p.m. (EC §10541)

December 6, 2018 (approximate)

Completion of Official Canvass of election results. (EC §10262, §15372)

December 4— December 18, 2018 (date TBD)

Declaration of Election results and installation of newly elected Mayor and Council Members. Date of installation depends on date of completion of Official Canvass. (EC §10263)

December 31, 2018

Suggested last day to terminate committees Form 460, Termination, reporting period: 10/21/18—12/31/18 plus Form 410, Termination If a committee is not terminated by this date, 460 filings will be due on January 31 and on continuing semi-annual basis until the committee is terminated.

January 31, 2019

Semi-Annual Campaign Statement due

Form 460, reporting period: 10/21/18—12/31/18 All committees, successful or not, unless terminated by December 31. (GC §84200)

Pismo Beach Candidate Guidelines | November 2018 General Election | Page 41

28. CAMPAIGN RESOURCES

Visit the links or scan the QR codes below for access to online FPPC forms and filing schedules, and the full text of the Elections Code, Political Reform Act and Pismo Beach Municipal Code.

All FPPC Forms

FPPC Filing Schedules

FPPC Regulations

Elections Code Political

Reform Act Municipal

Code

A. AGENCY CONTACT INFORMATION

Fair Political Practices Commission (State of California) 1102 Q Street #3000, Sacramento, CA 95811 Phone: (916) 322-5660 | Toll-Free: (866) ASK-FPPC | Fax: (916) 322-0886 Website: www.fppc.ca.gov | Email: advice@fppc.ca.gov

Campaign Disclosure

Conflict of Interest Disclosure & Disqualification

Lobbying Disclosure

Proper Use of Campaign Funds Secretary of State (State of California) Political Reform Division Elections Division 1500 11th Street, Room 495, Sacramento, CA 95814 Phone: (916) 657-2166 Phone: (916) 653-6224 | Fax: (916) 653-5045 Website: www.sos.ca.gov

Committee Identification Numbers

Creation and Termination of Committees Registrar of Voters (County of San Luis Obispo Clerk Recorder, Elections Division) 1055 Monterey Street, Suite D120, San Luis Obispo, CA 93408 Phone (805) 781-5228 | Fax: (805) 781-1111 Website: www.slocounty.ca.gov/clerk/

Voter registration

Ballot printing, mailing, collection, and counting

Polling place administration Franchise Tax Board (State of California) The Franchise Tax Board is responsible for responding to questions regarding tax status, tax-deductibility of political contributions, 501(c)(3) groups, audits, or any tax-related questions. Phone: (800) 852-5711 Website: www.ftb.ca.gov Internal Revenue Service (United States) The Internal Revenue Service provides assistance regarding federal tax laws and obtaining a taxpayer identification number. Phone: (877) 829-5500 (Washington, D.C.) | Phone: (800) 829-3676 (taxpayer ID number info) Website: www.irs.gov Federal Communications Commission (United States) The Federal Communications Commission can answer questions regarding rates for purchasing broadcast time and equal access to broadcast media. Phone: (888) 225-5322 Website: www.fcc.gov | Email: fccinfo@fcc.gov

Pismo Beach Candidate Guidelines | November 2018 General Election | Page 42

29. WITHDRAWAL FROM CANDIDACY

In the event a candidate wishes to withdraw from candidacy, FPPC filing obligations and official candidacy status will depend on a number of factors. The question of whether the candidate will still appear on the ballot, and the question of whether the candidate will continue to be deemed a "candidate" by the FPPC, must be considered separately.

A. CANDIDACY STATUS:

If a candidate has not filed nomination papers:

A candidate who has not filed nomination papers may withdraw without appearing on the ballot.

If a candidate has filed nomination papers, but the filing deadline has not passed:

A candidate who has filed nominations papers may withdraw their candidacy only up until the filing deadline. Such a candidate must submit their request in writing.

If a candidate has filed nomination papers, and the filing deadline has passed:

Once the filing deadline for nomination papers has passed, nomination papers may not be withdrawn. All candidates who have submitted qualifying nomination papers as of the deadline will appear on the ballot.

A candidate whose name will appear on the ballot, but who ultimately does not wish to be elected, may wish to consider notifying others of their desire to withdraw. The City will not undertake efforts to notify voters of such a candidate's desire not to be elected. In the event such a candidate is elected by a vote of the people, the candidate is obligated to assume office, pursuant to the Oath of Office completed as part of the Nomination Petition.

B. FPPC CANDIDATE STATUS / FILINGS:

Per Government Code §82007, any individual who is listed on the ballot, or who is a qualified write-in candidate, or who receives a contribution or makes an expenditure related to candidacy in any year, is considered a "candidate." If a person meeting this definition has demonstrated intent to run for office, they may be bound by the FPPC filing requirements and conflict of interest restrictions applicable to candidates, even if they change their mind about running for office. Candidates who meet the above definition and wish to withdraw should determine, and comply with, their remaining filing obligations, and bear in mind that they will still remain a "candidate" for certain regulatory purposes at least until the election is over. The information below summarizes the readily foreseeable campaign finance filing obligations of candidates wishing to withdraw. A candidate who intends to withdraw is encouraged to seek advice from the FPPC confirming their remaining filing obligations. A candidate who wishes to withdraw still has an FPPC filing obligation if:

The candidate's name will appear on the ballot, and/or

The candidate is a qualified write-in-candidate, and/or

The candidate has raised or spent any money during the year in relation to a campaign. The filing obligation is a Form 470 if:

Less than $2,000 has been/will be raised during the year, and

Less than $2,000 has been/will be spent during the year, and

The candidate does not have an open campaign committee. The filing obligation is Form 460, Form 410, and other committee-related filings:

If the candidate has an open campaign committee.

Pismo Beach Candidate Guidelines | November 2018 General Election | Page 43

30. AFTER THE ELECTION

San Luis Obispo County "Current Elections" Webpage

Following the close of polls on election night, the County Elections Division will begin to post election results online. Completion of the final canvass may take as long as 30 days. Once the City receives certified election results from the County, staff will schedule agenda items as part of a December City Council meeting to declare election results, recognize any outgoing Members, swear in elected Members, and select a new Mayor Pro Tempore. Officially, terms of office begin and end with the swearing in (oath of office).

A. CANDIDATES WHO ARE ELECTED

All campaign signs should be removed in a timely manner. Successful candidates with campaign committees should refer to "After the Election" in Campaign

Disclosure Manual 2 regarding what may, and may not, be done with "leftover" campaign funds. If a candidate wishes to run for office in a future year, certain requirements must be met for re-designating the committee and funds for a future election. As long as the committee remains open, campaign finance statements must be filed on a "Semi-Annual" basis. If a candidate wishes to terminate their committee instead, the funds must be first be disposed of in an approved manner, all activity must be reported, and "Termination" Form 460 and 410 must be filed. Successful candidates without committees (never opened, or after proper termination) generally need only file a Form 470 once per year while in office. Successful candidates must file a Form 700 for their position on the Council within 30 days of being sworn in, plus each year before April 1, and again upon leaving office. Candidates who are elected will be contacted by staff to begin orientation and onboarding. In addition to meetings with staff in order to become acquainted with City culture and the duties of holding office, the Mayor and Council Members are City employees and related paperwork must be completed. Candidates who are successfully elected are subject to the Brown Act (open meeting law) during the time period between the election and being sworn into office. Outside of a noticed meeting of the Council, Members-elect must not discuss matters within the Council's decision-making purview with a majority of other Members or Members-elect.

B. CANDIDATES WHO ARE NOT ELECTED

All campaign signs should be removed in a timely manner. Unsuccessful candidates with campaign committees should refer to "After the Election" in Campaign Disclosure Manual 2 regarding what may, and may not, be done with "leftover" campaign funds. If a candidate wishes to run for office in a future year, certain requirements must be met for re-designating the committee and funds for a future election. As long as the committee remains open, campaign finance statements must be filed on a "Semi-Annual" basis. If a candidate wishes to terminate their committee instead, the funds must be first be disposed of in an approved manner, all activity must be reported, and "Termination" Form 460 and 410 must be filed. Unsuccessful candidates without committees (never opened, or after proper termination) have no further FPPC filing requirements.

Pismo Beach Candidate Guidelines | November 2018 General Election | Page 44

31. APPENDICES

1. PUBLIC CONTACT INFORMATION 2. NOMINATION PETITION 3. BALLOT DESIGNATION WORKSHEET 4. CANDIDATE STATEMENT MATERIALS

A. Candidate's Statement of Qualifications Worksheet B. Candidate's Statement Word Counting Guidelines C. Local Candidate Statement Regulations (R-2018-042) D. Deposit Fee Receipt EC §13307(D) E. Statement of Financial Worth

5. FPPC CAMPAIGN DISCLOSURE MANUAL 2 6. FPPC FILING SCHEDULE 7. FORM 700 8. FORM 501 9. FORM 410 10. FORM 460 11. FORM 470 12. FORM 497 13. POLITICAL SIGNS & ADVERTISING

A. Political Signs: Municipal Code B. Political Signs: Caltrans Outdoor Ad Program C. FPPC Political Advertising Disclaimer Guide D. Mass Mailing Statute GC §84305

14. VOTER INFORMATION ORDER FORM 15. CAMPAIGN PRACTICES

A. Code of Fair Campaign Practices EC §20400 et seq. B. "Win the Right Way" Publication

Pismo Beach Candidate Guidelines | November 2018 General Election | Page 45

1. PUBLIC CONTACT INFORMATION

See Section 12 for more detailed information. Designates contact information for the candidate that will be given to the media and other members of the public. Documents included:

CANDIDATE PUBLIC CONTACT INFORMATION FORM LINK ►

REQUIRED FILING DEADLINE: With nomination papers.

Pismo Beach Candidate Guidelines | November 2018 General Election | Page 46

2. NOMINATION PETITION

See Section 13 for more detailed information. Used to obtain the signatures of 20 to 30 Pismo Beach voters nominating the candidate for the office sought. This document is the core of a candidate's ability to get on the ballot or be an eligible write-in candidate. It should be handled very carefully. Obtaining signatures: The petition must be circulated for signature by only one person, 18 years of age or older, who must personally witness each signature and complete the Declaration of Circulator. Name and ballot designation: Name and ballot designation should be printed in this box exactly as the candidate wishes them to appear on the ballot. Because many ballot designations may be considered unacceptable, the candidate may wish to fill this box in at the time papers are filed, after discussing their desired designation with the Clerk. Residence and gender: Residence should be the candidate's voter registration address in Pismo Beach. Indication of a gender is optional, but may aid in candidate statement translation. Affidavit of Nominee/Oath of Allegiance: The candidate must take an oath that they will accept the office sought and perform the duties of the office if they are elected. Do not sign this affidavit and oath prior to filing papers. Verifying signatures: The Clerk's Office will verify that at least 20 qualifying signatures have been obtained, typically by the end of the day after the petition is filed. If insufficient signatures have been obtained, the candidate will be issued a Supplemental Nomination Petition to obtain additional signatures. Documents included:

NOMINATION PETITION LINK ►

REQUIRED

FILING DEADLINE: With nomination papers.

Pismo Beach Candidate Guidelines | November 2018 General Election | Page 47

3. BALLOT DESIGNATION WORKSHEET

See Section 14 for more detailed information. Identifies the candidate's desired ballot designation, if any, showing their occupation below their name on the ballot. Documentation supporting the use of the designation must be attached to the worksheet. Every blank must be filled in, crossed out, or marked "N/A." If this worksheet is not filed with nomination papers, the candidate will have no designation on the ballot. Documents included:

BALLOT DESIGNATION WORKSHEET LINK ►

REQUIRED IF candidate wishes to have a ballot designation. FILING DEADLINE: With nomination papers.

Candidates may choose between the name of a current office to which they were elected; the name of a current elective office to which they were appointed; the word "Incumbent" by itself if qualifying; or no more than three words designating their principal profession(s), vocation(s), or occupation(s), as those terms are defined by law. Ballot designations are rigorously regulated by law and may be disqualified for many reasons. Candidates are encouraged to submit three desired designations, in order of preference. Candidates are encouraged to carefully and thoroughly read the applicable regulations in Section 14 before selecting a designation.

Pismo Beach Candidate Guidelines | November 2018 General Election | Page 48

4. CANDIDATE STATEMENT MATERIALS

See Section 16 for more detailed information. The candidate may wish to publish a statement of up to 200 words in the voter pamphlet. If so, a worksheet must be completed, a hard copy and electronic copy (email or USB drive) of the statement must be submitted, and a $150 fee deposit must be paid for printing in English. The statement must be written in the first-person singular and shall not contain any references to partisan political activities, or other candidates. The statement may be organized into paragraphs but must be otherwise uniform in type style and size. Final word count will be determined by the City Clerk's Office. Documents included:

A. CANDIDATE'S STATEMENT OF QUALIFICATIONS WORKSHEET LINK ►

REQUIRED IF candidate wishes to have a candidate statement in the voter pamphlet. FILING DEADLINE: With nomination papers. B. CANDIDATE'S STATEMENT WORD COUNTING GUIDELINES LINK ►

INFORMATION ONLY

C. LOCAL CANDIDATE STATEMENT REGULATIONS (R-2018-042) LINK ►

INFORMATION ONLY

D. DEPOSIT FEE RECEIPT EC §13307(D) LINK ►

INFORMATION ONLY

Provided for the candidate's information when a deposit is paid for the cost of printing the candidate's statement in English in the voter pamphlet. The deposit fee is only an estimate. If the actual cost of printing the candidate's statement in the voter pamphlet is less than $150, the candidate will be refunded the difference following the election. If the actual cost of printing the candidate's statement in the voter pamphlet is more than $150, the candidate may be required to pay the difference. (Deposit fee must be filed with nomination papers). E. STATEMENT OF FINANCIAL WORTH LINK ►

REQUIRED IF candidate wishes to claim inability to pay printing fee deposit. FILING DEADLINE: With nomination papers. The candidate's ability to pay will be evaluated. If candidate is found unable to pay fees up front, payment will still be required following the election.

Pismo Beach Candidate Guidelines | November 2018 General Election | Page 49

5. FPPC CAMPAIGN DISCLOSURE MANUAL 2

See Section 17 for more detailed information.

Provides detailed, technical information for candidates and their committee treasurers on how to complete, and when and where to file, each of the FPPC forms potentially applicable to the candidate's campaign for office. Clerk's Office staff relies heavily on this manual when fielding procedural questions from candidates; as such, candidates are encouraged to consult this manual first when questions arise. Because it is a large document, it may be most efficient to refer to the PDF version of the manual available online here: Manual 2 Online. Relevant portions of the document may be located by searching the text of the document (Ctrl + F will typically activate the search tool in an internet browser or desktop application). Documents included:

FPPC CAMPAIGN DISCLOSURE MANUAL 2 LINK ►

INFORMATION ONLY

Pismo Beach Candidate Guidelines | November 2018 General Election | Page 50

6. FPPC FILING SCHEDULE

See Section 17 for more detailed information. Identifies the filing deadlines for FPPC campaign finance disclosure filings applicable to candidates being voted on in November 2018. Note: This schedule does not include Form 501 (statement of intention), Form 410 (committee formation), or Form 700 (statement of economic interests) because those forms have no specific, pre-determined due date. Also note that this schedule does not necessarily include all filings required for officeholders, committee holders, and others who have filing obligations but are not on the November 2018 ballot. Documents included:

FPPC FILING SCHEDULE FOR NOVEMBER 2018 CANDIDATES LINK ►

INFORMATION ONLY

Pismo Beach Candidate Guidelines | November 2018 General Election | Page 51

7. FORM 700

See Section 17D for more detailed information. Discloses a candidate's personal financial interests, in order to allow the public to evaluate which sources of income may be potential conflicts of interest for the candidate. Read instructions (on the form itself and in Campaign Manual 2) carefully to determine how to complete this form and which financial interests should be disclosed. The Clerk's Office will provide procedural advice, but will not provide advice regarding what to disclose. The candidate files the original wet-signed form with the City Clerk's Office, which will then forward the statement to the FPPC. Documents included:

FORM 700 STATEMENT OF ECONOMIC INTERESTS LINK ►

REQUIRED FILING DEADLINE: With nomination papers.

Pismo Beach Candidate Guidelines | November 2018 General Election | Page 52

8. FORM 501

See Section 17E for more detailed information. Declares a candidate's intention to solicit contributions and/or make expenditures in connection with a campaign for a particular office in a particular year. Read instructions (on the form itself and in Campaign Manual 2) carefully to determine how to complete this form. The Clerk's Office will provide procedural advice only. The candidate files the original wet-signed form with the City Clerk's Office. Documents included:

FORM 501 STATEMENT OF INTENTION LINK ►

REQUIRED IF candidate receives contributions or makes expenditures in connection with a campaign, with the exception of personal funds spent on filing fees. All candidates are encouraged to file this form as a measure of transparency. FILING DEADLINE: Must be filed before receiving any contributions or making any expenditures. May be filed at any time prior to the election. If not filed prior to filing nomination papers, the 501 should be filed with nomination papers, but may be postponed until just before campaign finance activity occurs.

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9. FORM 410

See Section 17F for more detailed information. Creates, amends, or terminates a campaign committee. A committee is the means by which a candidate reports all of the income and expenditures associated with their campaign. A candidate is required to form a committee if they receive or spend more than $2,000. A single, dedicated campaign bank account is also typically required. Committees created by the candidate or their treasurer are known as "controlled committees" in that they are controlled by the candidate. (Other types of committees supporting the candidate may be formed by third parties.) Read instructions (on the form itself and in Campaign Manual 2) carefully to determine how to complete this form and whether a bank account is required. The Clerk's Office will provide procedural advice only. The candidate files the original wet-signed form with the Secretary of State, and files a copy with the City Clerk's Office. A $50 fee is due to the SOS in order to establish the committee, and then again at the start of each year the committee remains open. The SOS will issue the committee an ID number, which must then be included on campaign finance filings and advertisements. Documents included:

FORM 410 STATEMENT OF ORGANIZATION LINK ►

REQUIRED IF candidate receives or spends $2,000 or more, or if candidate simply desires to create a committee. Amendments also required if committee information changes. FILING DEADLINE: "Initial" (committee formation) Form 410 is due within 10 days of receiving or spending $2,000. Within the 16 days prior to the election, the Form 410 is due within 24 hours of crossing the $2,000 threshold. Candidates who anticipate receiving or spending $2,000 or more are encouraged to file a Form 410 with nomination papers or sooner. "Amendment" Form 410 is due within 10 days of any change to the information shown on the Form 410, such as the name of a principal officer. Within the 16 days prior to the election, the deadline is 24 hours from the change. "Termination" Form 410 is due any time to terminate a committee, in conjunction with a "Termination" Form 460, once the committee's assets have been properly disbursed. Consult Campaign Manual 2 for more information.

Pismo Beach Candidate Guidelines | November 2018 General Election | Page 54

10. FORM 460

See Section 17G for more detailed information. Discloses the campaign finance activity of campaign committees. The Form 460 is filed at various intervals (refer to FPPC Filing Schedule) to provide a continuous reporting of all contributions received, expenditures made, and account balances from the date the committee is formed through the date the committee is terminated. Detailed information that must be provided includes the name, address, employer, and contribution amount of campaign donors, and the recipient, amount, and purpose of campaign expenditures, along with an accounting of cash on hand, etc. This information is all public. Read instructions (on the form itself and in Campaign Manual 2) carefully to determine how to complete this form. The information reported on Form 460 requires very scrupulous financial record-keeping, and candidates and treasurers are encouraged to familiarize themselves with the information that must be reported, in advance of accepting contributions or making expenditures, to ensure that all relevant information is recorded as the transactions occur. The candidate files the original wet-signed form with the City Clerk's Office. The Clerk's Office will verify that this form is prima facie complete, but will not very the accuracy of the information or check the numbers reported. Documents included:

FORM 460 COMMITTEE CAMPAIGN STATEMENT (LONG FORM) LINK ►

REQUIRED IF candidate has an open campaign committee. FILING DEADLINE: Refer to FPPC Filing Schedule for exact filing due dates, and reporting period dates. Typically, Form 460 is filed at both "Semi-Annual" intervals and "Pre-Election" intervals. Filings required depend on dates of committee formation and termination. For a candidate being voted upon in November:

If a candidate has an open committee prior to June 30, a "Semi-Annual" statement is due on July 31 reporting the period between the date the committee was established and June 30.

For committee activity on and after July 1, "Pre-Election" statements are due twice before the election (late September and late October).

The candidate may terminate their filing obligations by reporting all remaining activity and terminating the committee no later than December 31.

If the committee is not properly terminated prior to December 31, a "Semi-Annual" statement is due on January 31 reporting any remaining activity through the end of the election year.

The committee must then continue to file at Semi-Annual intervals (end of July and end of January) until all assets have been properly disbursed, all activity has been reported, and a "Termination" Form 460 is filed along with a "Termination" Form 410. Consult Campaign Manual 2.

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11. FORM 470

See Section 17H for more detailed information. Discloses the campaign finance activity of candidates who do not have a committee. The Form 470 is filed once per year (refer to FPPC Filing Schedule) to report that the candidate will not raise or spend more than $2,000 in that calendar year. If a candidate files a Form 470 and later crosses the $2,000 threshold, the candidate must file a Form 470 "Supplement" within 48 hours. The candidate must also form a committee by filing a Form 410 within 10 days (shortened to 24 hours in the 16 days prior to the election), and begin filing Form 460s. Consult Campaign Manual 2. Read instructions (on the form itself and in Campaign Manual 2) carefully to determine how to complete this form. The Clerk's Office will provide procedural advice only. For standard Form 470 filings, the candidate files the original wet-signed form with the City Clerk's Office. The Form 470 supplement must be filed with the Secretary of State, the Clerk's Office, and all other candidates for the same office. Documents included:

FORM 470 CAMPAIGN STATEMENT (SHORT FORM) LINK ►

REQUIRED IF candidate does not have an open campaign committee. FILING DEADLINE: September 27, 2018. Refer to FPPC Filing Schedule. May be filed at any time between January 1 and September 27. If not filed prior to filing nomination papers, the 470 should be filed with nomination papers, but may be postponed until the FPPC filing deadline

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12. FORM 497

See Section 17I for more detailed information. Discloses "Late Contributions" of $1,000 or more, in the aggregate, made or received by a committee during the 90 days prior to the election. The $1,000 does not aggregate payments made or received prior to the 90-day window. This requirement does not apply to candidates without committees. Contributions and expenditures reported on Form 497 must also be reported on routine Form 460 filings. Read instructions (on the form itself and in Campaign Manual 2) carefully to determine how to complete this form and the exact circumstances under which it must be filed. The Clerk's Office will provide procedural advice only. The candidate files the original wet-signed form with the City Clerk's Office. Fax, guaranteed overnight delivery service, or personal delivery may be used to meet the 24-hour deadline. Documents included:

FORM 497 24-HOUR CONTRIBUTION REPORT LINK ►

REQUIRED IF $1,000 or more is contributed to a candidate FILING DEADLINE: During the 90 days preceding the election, Form 497 is due within 24 hours. If the deadline falls on a weekend or holiday, the filing is due the next business day. During the weekend immediately preceding the election, this extension does not apply.

Pismo Beach Candidate Guidelines | November 2018 General Election | Page 57

13. POLITICAL SIGNS & ADVERTISING

See Sections 18 & 19 for more detailed information. As a general rule of thumb, campaign signs may only be placed on private property, and with the permission of the property owner. More detailed provisions are found in Pismo Beach Municipal Code. Signs placed on City property, including within right-of-way, are subject to removal. Caltrans offers a program for placement of signs in state highway right-of-way. This application is submitted directly to the State and does not involve the City. The FPPC publishes a guide to political advertising requirements under the Political Reform Act and FPPC Regulations. In addition, candidates must be given a copy of Government Code §84305, the portion of the Political Reform Act which governs mass mailings. Documents included:

A. POLITICAL SIGNS: MUNICIPAL CODE LINK (coastal) ► / LINK (non-coastal) ►

INFORMATION ONLY B. POLITICAL SIGNS: CALTRANS OUTDOOR AD PROGRAM LINK ►

INFORMATION ONLY

C. FPPC POLITICAL ADVERTISING DISCLAIMER GUIDE LINK ►

INFORMATION ONLY

D. MASS MAILING STATUTE GC §84305 LINK ►

INFORMATION ONLY

Pismo Beach Candidate Guidelines | November 2018 General Election | Page 58

14. VOTER INFORMATION ORDER FORM

See Section 20 for more detailed information. Candidates may purchase voter information from the County Registrar for use in conjunction with campaign activities such as precinct walks. This information is otherwise confidential and may not be used for any other purpose. This application is submitted directly to the County and does not involve the City. Documents included:

APPLICATION FOR CONFIDENTIAL VOTER REGISTRATION INFORMATION LINK ►

INFORMATION ONLY

Pismo Beach Candidate Guidelines | November 2018 General Election | Page 59

15. CAMPAIGN PRACTICES

See Section 24 for more detailed information. Elections Code requires that each candidate be given a copy of the Code of Fair Campaign Practices. Signing the pledge is optional. If the candidate wishes to sign the pledge, it must be submitted along with nomination papers, and will be placed in the public record. The California Institute for Local Government (CA ILG) publishes Win the Right Way, which offers helpful advice for running a clean campaign and dealing with challenges in a principled fashion. Documents included:

A. CODE OF FAIR CAMPAIGN PRACTICES EC §20400 ET SEQ. LINK ►

OPTIONAL

FILING DEADLINE: Must be filed with nomination papers.

B. "WIN THE RIGHT WAY" PUBLICATION LINK ►

INFORMATION ONLY