Candidate Handbook Special Municipal Election April 15, 2025

City of Irvine Candidate Handbook Special Municipal Election April 15, 2025

cityofirvine.org

DISCLAIMER: The information contained in this handbook is only in effect for the Special Municipal Election to be conducted April 15, 2024, and is provided for general reference purposes only. It is not intended to be all inclusive of laws and statues governing election and campaign matters for local entities. Legal questions should be directed to private legal counsel.

December 23, 2024

Dear Prospective Candidate: Congratulations on your interest in running as a candidate in the City of Irvine’s Special Municipal Election to be conducted on April 15, 2025. The purpose of the election is to fill one seat on the Irvine City Council for Council District No. 5 for a short term through December 2026. This handbook outlines the legal requirements that must be followed for those seeking candidacy to one of these local offices. The handbook is not intended to be all inclusive of laws and statutes governing election and campaign matters for local agencies. Questions concerning the nomination process and campaign finance reporting may be directed to the City Clerk; however, questions prompting legal advice should be directed to private legal counsel. In order to run for office, a candidate must be a resident of the City of Irvine and a legally registered voter at their current address within Council District 5 at the time nomination papers are issued. The nomination period begins on Monday, December 23, and closes on Friday, January 17, 2025 , during normal business hours. Generally, if an incumbent who is eligible for re-election does not file a declaration of candidacy, the nomination period for that office would be extended by five days for any person other than the incumbent; however, for the April 15, 2025 Special Municipal Election, there are no eligible incumbents, and therefore, the nomination period will not be extended to January 22, 2025. Filing deadlines are established by State law and must be adhered to. The documents listed below must be completed and returned to the City Clerk’s Office no later than Friday, January 17, 2025, at 5 p.m. As mentioned, because there is no incumbent eligible for re-election, there will not be a five-day extension allowed for any person other than the incumbent to file a declaration of candidacy for such office.

Prospective Candidate December 23, 2024 Page 2

This handbook provides information to assist you in completing the following required documents:

Nomination Paper

 

Ballot Designation Worksheet

 Candidate’s Statement (provided electronically in the SharePoint link provided via email), if a statement is filed Candidate’s Statement Information Sheet  Candidate’s Statement Agreement, and check payable to the City of Irvine.  Candidate’s Statement Alternative Form (This form is used when a Candidate’s Statement is not submitted for inclusion on the ballot at the Candidate’s discretion.)  Temporary Political Sign Policy and Guidelines  Candidate Intention Statement – Form 501 (if not already filed)  Statement of Economic Interest – Form 700 The following documents are optional or provided for informational purposes only:

Character-Based Name Code of Fair Campaign Practices Statement of Financial Worth

   

Literature/Mass Mailing Requirements It is also important that you familiarize yourself thoroughly with Chapter 7 of this handbook relative to campaign finance disclosure requirements to ensure that you understand your campaign filing requirements and meet filing deadlines. The polls will be open on Election Day, April 15, 2025, from 7a.m. to 8 p.m. A Vote Center will be open at the Civic Center (City Hall) beginning April 5, 2025, and a Vote Center will be open at University Park Community Center on April 12, 2025. Hours for each Vote Center vary, but will be open on Election Day from 7 a.m. to 8 p.m. Election returns will be canvassed and compiled at the Orange County Registrar of Voters (ROV) commencing the evening of November 5. Live election results can be obtained by calling 714-567-7600 or online at ocvote.org. The ROV offers a precinct mapping system as part of their LIVE website which allows users to click into any of the precincts throughout Orange County to access live returns for each individual contest. The ROV has 30 days to complete the canvass and certify the election. By April 27, 2025, the City Council will officially certify the Election results for the office of Councilmember for Council District 5. The newly elected Councilmember will then be administered the Oath of Office, provided a Certificate of Election, and will take their seats at the City Council dais.

Prospective Candidate December 23, 2024 Page 3

Again, I congratulate you on your decision to run for elective office for Council District 5, and offer you best wishes for a successful campaign. Please contact me at 949-724- 6208 if you have any questions regarding the election process or information provided.

Sincerely,

Carl Petersen, MPA, CMC City Clerk

TABLE OF CONTENTS

Candidate’s Checklist Election Calendar CHAPTER 1 – Nomination Paper and Information

General Qualifications to Run for and Hold Public Office ................................................ 1 Issuance and Circulation of Nomination Paper ............................................................... 2 Method of Nomination; Nomination Filing........................................................................ 3 Candidate/File for One Office Only.................................................................................. 4 Signatures/Nomination Papers........................................................................................ 4 Affidavit of Circulator/Nomination Papers........................................................................ 4 Statement of Acceptance/Nomination Papers................................................................. 4 Filing Date/Nomination Papers........................................................................................ 5 Time Extension If Incumbent Fails to File........................................................................ 5 Confidentiality/Nomination Papers .................................................................................. 5 Contingent Vacancy (3rd Runner-Up for City Council) .................................................... 5 Code of Fair Campaign Practices ................................................................................... 6 Regulations – Code of Fair Campaign Practices............................................................. 7 Form - Code of Fair Campaign Practices ........................................................................ 8 CHAPTER 2 – Ballot Designation Provisions Ballot Designations for Candidates ................................................................................. 9 Ballot Designation Requirements - Elections Code Sections (13107-13107.5)............. 10 Example of Ballot Designations..................................................................................... 12 Secretary of State Ballot Designation Regulations; Ballot Designation Worksheet ....... 13 Ballot Order of Candidates ............................................................................................ 25 Drawing of Randomized Alphabet ................................................................................. 25 CHAPTER 3 – Candidate’s Statement Information Candidate's Statement of Qualifications........................................................................ 26 Candidate's Statement - No Reference to Another ....................................................... 28 Candidate's Statement – Public Examination................................................................ 28 Translations/Cost to Print Included................................................................................ 28 Confidentiality of Candidates' Statements ..................................................................... 29 False Statements in Candidate Statement/Fine ............................................................ 30 Guidelines for Preparation of Candidate's Statement.................................................... 30 Word Count Standard for Candidate's Statement ......................................................... 32 Candidate Statement of Qualifications Form - Sample.................................................. 34 City Council Resolution No. 24-95 – Candidate Statement Regulations ...................... 36

CHAPTER 4 – Conflict of Interest Information Statement of Economic Interests (Form 700) ................................................................ 40 CHAPTER 5 – Political Advertising Disclaimers Political Advertising Disclaimers.................................................................................... 41 Mass Mailing Requirements .......................................................................................... 41 Sender Identification for Mass Mailings, Postal Mailings and Emails ............................ 44 CHAPTER 6 – Resolutions Adopted City Council Election Resolutions ................................................................... 47 City Council Resolution No. 24-94 – Calling for the Holding of Election and................. 48 Requesting Election Service from ROV................................................................. City Council Resolution No. 24-95 – Candidates Statements ....................................... 51 CHAPTER 7 – Campaign Disclosure Information and Political Reform Act Committee Treasurer and Principal Officer ................................................................... 56 Treasurer’s Responsibilities .......................................................................................... 56 Candidate/Officerholder Responsibilities....................................................................... 57 Education ...................................................................................................................... 58 Failure to File or Late Filing of Campaign Disclosure Statements ................................ 58 Campaign Forms Summarized...................................................................................... 59 Form 501 – Candidate Intention Statement ............................................................. 59 Form 410 – Statement of Organization – Recipient Committee............................... 60 Form 470 – Campaign Statement – Short Form ...................................................... 61 Form 470 – Supplement .......................................................................................... 61 Form 460 – Recipient Committee Campaign Statement.......................................... 61 Form 496 – Late Independent Expenditure Report .................................................. 62 Form 497 – Late Contribution Report....................................................................... 62 Form 462 – Verification of Independent Expenditure Report ................................... 63 Campaign Finance/Campaign Contribution Limit (City Regulations)............................. 64 Frequently Asked Questions (City’s Campaign Contribution Limit) ............................... 68 Contributions and Donations by Foreign Nationals ....................................................... 69 Campaign Contributions – Possible Conflicts for Appointees and Commissioners ................................................................................................. 70 Use of Surplus Campaign Funds .................................................................................. 72 Information – Internal Revenue Service Code Section 527........................................... 73

CHAPTER 8 – City Code and Policy Information City Code and Policy Information .................................................................................. 74 Political Activities of Public Employees ......................................................................... 75 Regulations on Use of City Seal and City Logo............................................................. 77 Distribution, Posting of Handbills, Circulars................................................................... 78 Meetings and Assemblies ............................................................................................. 78 Public Address Systems................................................................................................ 78 Free Speech Rights....................................................................................................... 78 Public Facility Use Policy .............................................................................................. 79 Political Sign Regulations.............................................................................................. 80 Political Sign Authorization Form .................................................................................. 82 Temporary Political Sign Policy and Guidelines ............................................................ 83 Municipal Code Provisions (Public Meetings) ............................................................... 84 City Council Compensation Schedule ........................................................................... 91 City Charter ................................................................................................................... 92 CHAPTER 9 – Lobbyist Activities Lobbyist Regulations ................................................................................................... 102 CHAPTER 10 – Ethics and Related Enactments Ethics and Related Enactments .................................................................................. 110 Mandatory Ethics Education for Local Officials ........................................................... 115 Irvine City Council Ethical Public Service Ordinance No. 08-03 (Measure H) ............. 116 CHAPTER 11 – Registrar of Voters Service and Information Registered Voter Files................................................................................................. 117 Precinct Maps ............................................................................................................. 117 Register to Vote – Last Day ........................................................................................ 117 Translations of Ballot Material ..................................................................................... 118 Election Day Poll Observers Guidelines...................................................................... 118 Election Night Results ................................................................................................. 120 CHAPTER 12 – City Council and Great Park Board Meeting Information Public Records and Information Requests .................................................................. 121 Meeting Schedule ....................................................................................................... 121 Agenda Packet Availability .......................................................................................... 122 CHAPTER 13 – Resource Information and Assistance – State Agencies Registrar of Voters ...................................................................................................... 123 Fair Political Practices Commission ............................................................................ 123 Secretary of State ....................................................................................................... 123 State Franchise Tax Board.......................................................................................... 123 Internal Revenue Service ............................................................................................ 123 Requesting Advice from the FPPC.............................................................................. 124 CHAPTER 14 – List of City Official .......................................................................... 128

iii

APPENDICES Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G Appendix H Appendix I Appendix J

FPPC’s Campaign Disclosure Manual 2 (Local Candidates)

Reference Pamphlet – Form 700

FPPC Limitations and Restrictions on Gifts, Honoraria, Travel and Loans

Political Advertising Disclaimers Campaign Statement Due Dates

Campaign Basics, Candidate Checklist, Frequently Asked Questions

Government Code Section 84308

FPPC Requirements for Reporting Gifts, Meals and Travel

IRS Section 527 Fact Sheet

Ordinance No. 08-03 - City Council Ethical Public Service (Measure H) and Ordinance No. 24-16 – Amending Municipal Code Relating to Lobbying City Council Policies/Procedures (Ordinance No. 22-02 and Resolution No. 22-21)

Appendix K

Appendix L Appendix M

A Guide to the Ralph M. Brown Act

Orange County Registrar of Voter’s 2018 Election Security Playbook

Other Information and Forms Provided:  Nomination Packet Required: o Nomination Paper o

Ballot Designation Worksheet

o Candidate’s Statement Form (provided electronically in the SharePoint link delivered via email, if filed) o Candidate’s Statement Information Sheet o Candidate’s Statement Agreement o Candidate’s Statement Alternative Form (if no Statement is filed) o Temporary Political Sign Policy and Guidelines o Form 501 – Candidate Intention Statement o Form 700 – Statement of Economic Interests Optional/Informational: o Character-Based Name Form o Code of Fair Campaign Practices o Statement of Financial Worth o Literature/Mass Mailing Requirements o Frequently Asked Questions o Candidate Guidance and Acknowledgement o Character-Based Name Form  Electronically provided in the SharePoint folder delivered via email, the following documents: o Candidate’s Statement Form o Campaign Disclosure Forms (410, 460, 462, 470/470 Supplement, 496, 497, 501) o Election Manual

CANDIDATE’S CHECKLIST

The following checklist is provided to guide you in returning the appropriate paperwork (included in your nomination papers) necessary for running for office. The documents listed below must be filed with the City Clerk at the same time you file your Nomination Paper. by 5 p.m. on Friday, January 17, 2025 . REQUIRED Candidate Guidance and Acknowledgement for Electronic Issuance of Candidate Documents Nomination Paper - MUST contain a minimum of 20 but no more than 30 signatures of City of Irvine registered voters within District 5. The Declaration of Circulator and Affidavit of Nominee must be completed in its entirety before it will be accepted . Do not sign the Affidavit of Nominee until you are in the presence of the City Clerk . Ballot Designation Worksheet. Candidate Intention Statement - Form 501 (if not on file) Statement of Economic Interest - Form 700. IF FILING A CANDIDATE STATEMENT Candidate's Statement of Qualifications typewritten on hard copy and electronically in the SharePoint link provided via email; and check made payable to the City of Irvine in the amount of $896.66 (electronic option only would be $509.82)

Candidate's Statement Information Sheet Candidate's Statement Agreement

IF NOT FILING A CANDIDATE STATEMENT

Candidate's Statement Alternative Form

OPTIONAL

____

Character-Based Name Form Code of Fair Campaign Practices. Temporary Political Sign Policy and Guidelines

____

Statement of Financial Worth

APRIL 15, 2025 ELECTION CALENDAR

December 19, 2024 Notice of Election published in the Irvine World News Dec. 23, 2024 to Jan. 17, 2025 Filing Period for Nomination Papers and Candidate Statement January 14 Last day to publish or post offices and nominations January 22 Last day to file Nomination Papers IF incumbent does not file ( NOTE: The nomination period will NOT be extended as there is no eligible incumbent)

January 23

Order of names on the Ballot determined

February 17 to April 1

Filing Period for Write-in Candidates

March 17

First day for Mailing Vote-by-Mail Ballots (mailed out by Registrar of Voters)

March 31

Last day to register to vote.

April 1 – April 15

Period in which an elector can “conditionally” register and vote at the Registrar of Voters office or at any Orange County Vote Center.

April 8

Last day for City Clerk to publish Notice of Nominees

April 15

ELECTION DAY

By April 27

Certification of Election submitted to the City Council

January 31, 2025

Last day to file Campaign Expenditure Statements –

NOTE:

Deadlines/Due Dates for campaign finance statements will be provided under separate cover See Appendix E

CHAPTER 1

GENERAL QUALIFICATIONS TO RUN FOR AND HOLD PUBLIC OFFICE

CHAPTER 1 General Qualifications to Run for and Hold Public Office

A candidate for elective office in the City of Irvine MUST BE:  18 years of age.  A resident of the City of Irvine.  A registered voter at your current address at the time nomination papers are issued.

 Qualified to vote for the office you are running for at the time nomination papers are issued.

Issuance and Circulation of the Nomination Paper Prior to issuing a nomination paper to a candidate, the City Clerk will sign, date and type the name of the candidate, office, and the district (office of Councilmember) for which the candidate is running on the nomination paper. Each candidate’s nomination paper must include not less than twenty (20) but not more than thirty (30) signatures of registered voters of the City of Irvine (and within their respective district, if applicable). It is suggested that 30 signatures be obtained since some signatures may be invalidated when they are filed and subsequently verified. If a candidate fails to obtain at least twenty (20) valid signatures, a “supplemental” nomination paper will be issued to the candidate to collect additional signatures. The supplemental nomination paper must be filed no later than the last day for filing for the office in question. A candidate that does not obtain at least twenty (20) valid signatures will be disqualified. Only one candidate can be named on any one nomination paper. No voter may sign more nomination papers than the number of seats to be filled, and in the event they do, the signature will count only on the first nomination paper(s) filed for the office: (1) One for City Councilmember within their district; and (2) One for Mayor. To be valid, signatures must be affixed on the nomination paper and each signer must add include their printed name and place of residence, giving the street and number. Any voter registered to vote in this Election and qualified to vote for the office for which the nomination is made may circulate a nomination paper. Each nomination paper must be circulated by only one voter and the circulator must complete the certificate of circulation in handwriting, certifying that they saw written all signatures affixed thereto and knows they are the signatures of the persons whose names they purport to be. Each nomination paper must also be accompanied by a verified statement of the candidate that they will accept the nomination and accept the office in the event of their election. A candidate’s Ballot Designation shall be no more than three words, as defined by the Elections Code, designating either the current principal professions, vocations, or occupations of the candidate, or the principal professions, vocations, or occupations of the candidate during the calendar year immediately preceding the filing of nomination documents. Please see Chapter 2 for Ballot Designation information, examples, and guidelines.

City of Irvine Candidate Handbook

The last day and hour for nomination papers to be filed in the City Clerk’s Office for the Office of Councilmember is January 17, 2025 at 5 p.m. A candidate may withdraw their candidacy after their nomination paper is filed with the City Clerk up to and including the last applicable day of filing, 5 p.m., January 17, 2025. Nomination papers are considered confidential documents until the nomination period is closed. Once the nomination period closes, the nomination papers are public documents; however, they are only available for viewing only, and may not be reproduced. Method of Nomination; Nomination Filing Section 10220 Candidates may be nominated for any of the elective offices of the City in the following manner: Not earlier than the 113th day (December 23, 2024) nor later than the 88th day (January 17, 2025) before a municipal election during normal office hours, as posted, the voters may nominate candidates for election by signing a nomination paper. Each candidate shall be proposed by not less than 20 but not more than 30 voters, only one candidate may be named in any one nomination paper. No voter may sign more than one nomination paper for the same office, and in the event the voter does so, that voter's signature shall count only on the first nomination paper filed which contains the voter's signature. Nomination papers subsequently filed and containing that voter's signature shall be considered as though that signature does not appear thereon. Each seat on the governing body is a separate office. Any person registered to vote at the election and qualified to vote for the elective office of the City for which the nomination is made, may circulate a nomination paper. Only one person may circulate each nomination paper. Where there are full terms and short terms to be filled, the term shall be specified in the nomination paper. NOTE: For the April 15, 2025, Special Municipal Election, the office of Councilmember for District 5 will be a term of less than two years. The following State of California Election Code sections are excerpts from the California Elections Code. A complete copy of the California Elections Code is available for your review in the City Clerk's Office or online at leginfo.legislature.ca.gov.

City of Irvine Candidate Handbook

Candidate/File for One Office Only Section 10220.5

Notwithstanding any other provision of law, a candidate shall not file nomination papers for more than one municipal office or term of office for the same municipality in the same election. Signatures/Nomination Papers Section 10221(a) The signatures to each nomination paper shall be appended on the same sheet of paper, and each signer shall add his or her place of residence, giving the street and number, if any, or another designation of his or her place of residence, so as to enable its location to be readily ascertained. Section 10221(b) Once a nomination paper is filed with the elections official, the nomination paper may not be returned to the candidate to obtain additional signatures. If the nomination paper is determined to be insufficient or the candidate fails to obtain the correct number of valid signatures on his or her nomination paper, the elections official shall retain the original nomination paper, provide a copy of the nomination paper to the candidate with an indication on of which signatures are valid, and issue one supplemental petition to the candidate on which the candidate may collect additional signatures. The supplemental petition shall be filed not later than the last day for filing for that office. The form of the supplemental petition shall be the same as the nomination paper, except that the word “Supplemental” shall be inserted above the phrase “Nomination Paper.” Affidavit of Circulator/Nomination Papers Section 10222 Every nomination paper shall have annexed an affidavit of the person who circulated it; to the effect that they saw written all the signatures appended thereto, and knows that they are the signatures of the persons whose names they purport to be. Statement of Acceptance/Nomination Papers Section 10223 Each nomination paper shall be accompanied by a verified statement of the candidate that will accept the nomination, and will also accept the office in the event of their election. The statement shall contain a blank space wherein the candidate shall be required to fill in their name in the manner in which they wish the same to appear on the ballot and also the designation which they wish to have under their name on the ballot, which designation shall conform to one of the designations permitted under this code relating to the forms of ballots generally.

City of Irvine Candidate Handbook

Filing Date/Nomination Papers Section 10224

All nomination papers shall be filed with the city elections official (City Clerk) during regular business hours as posted, not later than the 88th day before the election (January 17, 2025 at 5 p.m.). Until that time, but not after, a candidate may withdraw his or her nomination paper after it is filed with the elections official as provided in this section. Time Extension If Incumbent Fails To File Section 10225 (a) Notwithstanding Sections 10220 and 10224, if nomination papers for an incumbent officer of the City are not filed by or on the 88th day before the election (January 17, 2025 at 5 p.m.), the voters shall have until the 83rd day before the election (January 22, 2025 at 5:30 p.m.) to nominate candidates other than the person who was the incumbent on the 88th day, for that incumbent's elective office. NOTE: The nomination period will not be extended as there is no eligible incumbent for Council District 5. Confidentiality/Nomination Papers Section 17100(b) Nomination papers are confidential documents until the close of the nomination period. Following the close of the nomination period, nomination documents may be viewed but not photocopied or distributed because they contain signatures of voters.

The following Code section has been extracted from the City of Irvine Charter. A complete copy of the Charter can be found in Chapter 8.

Contingent Vacancy City of Irvine Charter Section 400

If any Council seat held by a Council member serving the remainder of a term pursuant to this provision becomes vacant prior to the end of such term by means other than the recall, such Council seat shall be filled by appointment or election at large; provided, however, that if the vacating Council member resides in either the Council District designated 5 or the Council District designated 6 then, notwithstanding Section 403 of the Irvine City Charter, a by-district election shall be held for the District where the vacating Council member resides at the earliest feasible date.

City of Irvine Candidate Handbook

Code of Fair Campaign Practices Section 20400

The State Legislators enacted the “Code of Fair Campaign Practices” in 1994. The purpose is to encourage every candidate for public office to subscribe to the Code of Fair Campaign Practices. Subscription to the “Code of Fair Campaign Practices” is voluntary. If the candidate chooses to subscribe, the completed form remains on file in the office of the City Clerk and is available for public review. To subscribe, please complete the form included in your nomination packet and submit with your nomination paper.

City of Irvine Candidate Handbook

Regulations - Code of Fair Campaign Practices (Division 20, Chapter 5, Elections Code.) Article 1. General Intent

20400. The Legislature hereby declares that the purpose of this Chapter is to encourage every candidate for public office in this state to subscribe to the Code of Fair Campaign Practices. It is the ultimate intent of the Legislature that every candidate for public office in this state who subscribes to the Code of Fair Campaign Practices will follow the basic principles of decency, honesty, and fair play in order that, after vigorously contested, but fairly conducted campaigns, the citizens of this state may exercise their constitutional right to vote, free from dishonest and unethical practices which tend to prevent the full and free expression of the will of the voters. The purpose in creating the Code of Fair Campaign Practices is to give voters guidelines in determining fair play and to encourage candidates to discuss issues instead of untruths or distortions. Article 2. Definitions 20420. As used in this Chapter, “Code” means the Code of Fair Campaign Practices. Article 3. Code of Fair Campaign Practices 20440. At the time an individual is issued his or her declaration of candidacy, nomination papers, or any other paper evidencing an intention to be a candidate for public office, the Elections Official shall give the individual a blank form of the Code of Fair Campaign Practices and a copy of this Chapter. The Elections Official shall inform each candidate for public office that subscription to the code is voluntary. In the case of a committee making an independent expenditure, as defined in Section 82031 of the Government Code, the Secretary of State shall provide a blank form and a copy of this Chapter to the individual filing, in accordance with Title 9 (commencing with § 81000) of the Government Code, an initial campaign statement on behalf of the committee. The text of the Code shall read, as follows: (See “CODE OF FAIR CAMPAIGN PRACTICES” on next page). 20442. The Elections Official shall accept, at all times prior to the election, all completed forms which are properly subscribed to by a candidate for public office and shall retain them for public inspection until 30 days after the election. 20443. Every code subscribed to by a candidate for public office pursuant to this Chapter is a public record open for public inspection.

20444. In no event shall a candidate for public office be required to subscribe to or endorse the code.

City of Irvine Candidate Handbook

Form - Code of Fair Campaign Practices There are basic principles of decency, honesty, and fair play which every candidate for public office in the State of California has a moral obligation to observe and uphold, in order that, after vigorously contested, but fairly conducted campaigns, our citizens may exercise their constitutional right to a free and untrammeled choice and the will of the people may be fully and clearly expressed on the issues. THEREFORE: (1) I SHALL CONDUCT my campaign openly and publicly, discussing the issues as I see them, presenting my record and policies with sincerity and frankness, and criticizing without fear or favor the record and policies of my opponents or political parties that merit this criticism. (2) I SHALL NOT USE OR PERMIT the use of character defamation, whispering campaigns, libel, slander, or scurrilous attacks on any candidate or his or her personal or family life. (3) I SHALL NOT USE OR PERMIT any appeal to negative prejudice based on a candidate’s actual or perceived race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age, sexual orientation, sex, including gender identity, or any other characteristic set forth in Section 12940 of the Government Code, or association with another person who has any of the actual or perceived characteristics set forth in Section 12940 of the Government Code. (4) I SHALL NOT USE OR PERMIT any dishonest or unethical practice which tends to corrupt or undermine our American system of free elections, or that hampers or prevents the full and free expression of the will of the voters including acts intended to hinder or prevent any eligible person from registering to vote, enrolling to vote, or voting. (5) I SHALL NOT coerce election help or campaign contributions for myself or for any other candidate from my employees. (6) I SHALL IMMEDIATELY AND PUBLICLY REPUDIATE support deriving from any individual or group that resorts, on behalf of my candidacy or in opposition to that of my opponent, to the methods and tactics that I condemn. I shall accept responsibility to take firm action against any subordinate who violates any provision of this code or the laws governing elections. (7) I SHALL DEFEND AND UPHOLD the right of every qualified American voter to full and equal participation in the electoral process. I, the undersigned, candidate for election to public office in the State of California or treasurer or chairperson of a committee making any independent expenditures, hereby voluntarily endorse, subscribe to, and solemnly pledge myself to conduct my campaign in accordance with the above principles and practices.

Signature

Date

Printed Name

Date of Election

City of Irvine Candidate Handbook

CHAPTER2

BALLOT DESIGNATION PROVISIONS

CHAPTER 2 Ballot Designation Provisions

Each candidate has the option of having a ballot designation appear immediately following their name on the ballot. Ballot designations describe the current profession, vocation, occupation, or incumbency status of the candidate that will appear on the ballot under the candidate’s name. Definitions: “Profession” means a field of employment requiring special education or skill and requiring specific knowledge of a particular discipline. The labor and skill involved in a profession is predominantly mental or intellectual, rather than physical or manual. Recognized professions generally include, but are not limited to, law, medicine, education, engineering, accountancy, and journalism. Examples of an acceptable designation of a “profession,” as defined in Elections Code § 13107, subdivision (a)(3), include, but are not limited to, “attorney,” “physician,” “accountant,” “architect,” and “teacher.” “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. As defined, vocations may include, but are not limited to, religious ministry, child rearing, homemaking, elderly and dependent care, and engaging in trades such as carpentry, cabinetmaking, plumbing, and the like. Examples of an acceptable designation of a “vocation,” as defined in Elections Code § 13107, subdivision (a)(3), include, but are not limited to, “minister,” “priest,” “mother,” “father,” “homemaker,” “dependent care provider,” “carpenter,” “plumber,” “electrician,” and “cabinetmaker.” “Occupation” means the employment in which one regularly engages or follows as the means of making a livelihood. Examples of an acceptable designation of an “occupation,” as defined in Elections Code § 13107, subdivision (a)(3), include, but are not limited to, “rancher,” “restaurateur,” “retail salesperson,” “manual laborer,” “construction worker,” “computer manufacturing executive,” “military pilot,” “secretary,” and “police officer.” Ballot Designations: • Can be no more than three (3) words. • Must appear on the Affidavit of Nominee on the back of the Nomination Paper at the time it is filed. • Become public record once the Nomination Paper is filed. • Cannot be changed after the final date to file nomination documents unless requested by the Election Official due to an unacceptable designation.

Ballot designations which exceed space allotted on the ballot (approximately 35 characters) are printed in a smaller typeface pursuant to Section 13107 (i) of the Elections Code. BALLOT DESIGNATION WORKSHEET – every candidate is required to file a Ballot Designation Worksheet, listing their preferred ballot designation, and alternate designations should the preferred ballot designation be unacceptable. The listing of a designation on the ballot is OPTIONAL. Only one of the following six categories is allowed: (E.C. 13107, 13107.3 and 13107.5) 1. ELECTIVE OFFICE TITLE – Words designating the elective city, county, district, state, or federal office which the candidate holds at the time of filing the nomination documents, to which the candidate was elected by vote of the people.

• Example A: Boardmember, XYZ School District • Example B: Councilmember, City of Los Angeles

2. INCUMBENT – The word Incumbent may be used IF the candidate is a candidate for the same office which the candidate holds at the time of filing the nomination papers, and was elected to that office by a vote of the people. A candidate shall not use the word “incumbent” if the candidate was elected to their office in an at-large election and is a candidate in a district-based election. 3. APPOINTED INCUMBENT – The phrase “a ppointed incumbent” IF the candidate holds an office by virtue of appointment, and the candidate is a candidate for election to the same office, or, if the candidate is a candidate for election to the same office or to some other office, the word “appointed” and the title of the office . In either instance, the candidate may not use the unmodified word “incumbent” or any words designating the office unmodified by the word “appointed.” • Example A: Appointed Incumbent • Example B: Appointed Member of the City Council EXCEPTION: Candidates who seek reelection to an office which the candidate holds and to which the candidate was appointed, as a nominated candidate, in lieu of an election shall not be required to use the phrase “appointed incumbent.” 4. PRINCIPAL OCCUPATION – No more than three (3) words designating either the current principal professions, vocations, or occupations of the candidate, or the principal professions, vocations, or occupations of the candidate during the calendar year immediately preceding the filing of nomination documents. State geographical names are considered one word. • Example A: High School Teacher • Example B: Attorney/Educator/Businessowner • Example C: CEO/Councilmember

City of Irvine Candidate Handbook

5. COMMUNITY VOLUNTEER – A Community Volunteer shall constitute a valid principal vocation or occupation subject to the following conditions: • A candidate’s community volunteer activities constitute their principal profession, vocation or occupation. • A candidate is not engaged concurrently in another principal profession, vocation or occupation. • A candidate may not use the designation of “community volunteer” in combination with any other principal profession, vocation or occupation designation. 6. NO BALLOT DESIGNATION DESIRED – A ballot designation is optional. If the Candidate did not request a ballot designation the Election Official must indicate NONE on the Certified List of Qualified Candidates. 7. UNACCEPTABLE BALLOT DESIGNATION - If the Election Official determines that the ballot designation is not authorized by law, the Election Official shall notify the candidate that an alternative designation will be used from the Ballot Designation Worksheet. Pursuant to Election Code § 13107 (e), the Election Official shall not accept a ballot designation if: 1. It would mislead the voter. 2. It would suggest an evaluation of a candidate, such as outstanding, leading, expert, virtuous, or eminent. 3. It abbreviates the word “retired” or places it following any word(s) which it modifies. 4. It uses a word or prefix, such as “former” or “ex”, which means a prior status. The only exception is the use of the word “retired.” 5. It uses the name of any political party, whether or not it has qualified for the ballot. 6. It uses a word or words referring to a racial, religious, or ethnic group. 7. It refers to any activity prohibited by law. Refer to your Ballot Designation worksheet and relevant provisions of Elections Code 13107 in your nomination packet. For examples of acceptable and unacceptable Ballot Designations, please refer to the sheet immediately following this page.

City of Irvine Candidate Handbook

EXAMPLES OF BALLOT DESIGNATIONS

ACCEPTABLE:

□ Investment Counselor □ Health Care Manager □ Appointed Incumbent □ Community Volunteer □ Businesswoman/Attorney/Councilwoman □ CPA/Parent □ Retired USAF Officer □ City Councilmember, City of Irvine □ City of Irvine Councilmember/Educator

UNACCEPTABLE:

REASON:

□ Incumbent Mayor/Engineer □ Prominent Businesswoman □ Businessman, Father □ Nonprofit Organization Founder □ Republican Legislative Assistant □ Community Volunteer/Parent □ Tax Activist

"Incumbent" must be used as noun and alone

Status

Slash marks must be used for punctuation

Must be within past 12months

No party affiliation can be mentioned

"Community Volunteer" must stand alone

Suggests an evaluation of candidate's qualifications and is astatus Can't use "former'' or "ex"

□ Former Council Member □ Veteran □ Army General, Ret.

Status

"Retired" must appear before other words and not be abbreviated

City of Irvine Candidate Handbook

SECRETARY OF STATE Ballot Designation Regulations Excerpts from the California Code of Regulations

20710. General Provisions. (a) The regulatory purpose of this Chapter is to ensure the accurate designation of the candidate upon the ballot in order that an informed electorate may intelligently elect one of the candidates. (b) The Secretary of State shall, at all times, apply and interpret the provisions of Elections Code Section 13107 and the regulations included in this Chapter in a manner consistent with the regulatory purpose of this Chapter. (c) Candidates are not required to use a ballot designation pursuant to Elections Code Section 13107, subdivision (a), and may opt to leave the space for such a designation on the ballot blank. In order to notify the elections official as to whether he or she will use a ballot designation or will opt to leave the ballot designation space blank, the candidate must initial the appropriate box on the Declaration of Candidacy or otherwise so indicate on the Declaration of Candidacy. (d) Pursuant to Elections Code Section 13107, subdivision (a), a candidate may submit a proposed ballot designation pursuant to any one of the four provisions specified in Elections Code Section 13107, subdivision (a), subparts (1) through (4), applicable to that candidate. The candidate shall be free to select from which of the applicable four subparts he or she is submitting his or her proposed ballot designation. (e) The regulations set forth in this Chapter shall apply only to elections held for offices for which elections returns are certified by the Secretary of State of the State of California. (f) Whenever, the word "should" is used in this Chapter, it is recommended, not mandatory. Note: Authority cited: Section 12172.5, Government Code. Reference: Section 13107, Elections Code. 20711. Ballot Designation Worksheet. (a) In order to facilitate review of a candidate's proposed ballot designation by the Secretary of State pursuant to Elections Code Section 13107, the candidate shall submit, at the time of filing his or her proposed ballot designation on the Declaration of Candidacy, a completed Ballot Designation Worksheet on a form provided by the Secretary of State.

City of Irvine Candidate Handbook

(b) All Ballot Designation Worksheets filed with the Office of the Secretary of State or the county elections officials pursuant to this section shall be public records and shall be available for inspection and copying at the public counter of the Elections Division of the Office of the Secretary of State, Fifth Floor, 1500 11th Street, Sacramento, California 95814, or at the office of the applicable county elections official. (c) The Secretary of State shall provide a master copy or copies of the Ballot Designation Worksheet to all elections officials responsible for providing and accepting the nomination documents for candidates in elections for offices certified by the Secretary of State. The Ballot Designation Worksheet shall request that the candidate proposing the ballot designation provide the following information: (1) The candidate's name, home, business and mailing addresses, telephone numbers, e-mail address, if available, and fax number; (2) A designation of the office for which the candidate is seeking election; (3) The name, home, business and mailing addresses, telephone numbers, e- mail address, if available, and fax number of the attorney representing the candidate or for any other person to be contacted in the event the Secretary of State requires further information regarding the proposed ballot designation; (4) The proposed ballot designation submitted by the candidate; (5) The candidate may submit one or more proposed alternate ballot designations ranked in order of the candidate's preference; (6) A brief statement identifying the factual basis upon which the candidate claims the proposed ballot designation and each proposed alternate ballot designation, including the following: (A) If the candidate holds elected office and is submitting his or her proposed ballot designation pursuant to Elections Code Section 13107, subdivisions (a)(1) or (a)(2), the candidate shall indicate the elective office he or she currently occupies and may attach a copy of his or her Certificate of Election; (B) If the candidate is a judicial officer and is submitting his or her proposed ballot designation pursuant to Elections Code Section 13107, subdivisions (a)(1) or (a)(2), the candidate shall indicate the elective office he or she currently holds and may attach either (A) a copy of his or her Certificate of Election or (B) a copy of his or her commission or certificate of appointment, issued at the time the candidate was appointed to the judicial office which he or she currently occupies; (C) If the candidate submits a ballot designation pursuant to Elections Code Section 13107, subdivision (a)(3), the candidate shall indicate: (i) The title of the position or positions which he or she claims supports the proposed ballot designation; (ii) The dates during which the candidate held such position; (iii) A description of the work he or she performs in the position; (iv) The name of the candidate's business or employer;

City of Irvine Candidate Handbook

(v) The name and telephone number of a person or persons who could verify such information; and (vi) A statement that the professions, vocations or occupations relied upon to support the proposed ballot designation constitute the primary, main or leading professions, vocations or occupations of the candidate, in accordance with the definition of the term "principal" as set forth at Section 20714, subdivision (b). (D) If the candidate submits a ballot designation pursuant to Elections Code Section 13107, subdivision (a)(4), the candidate shall indicate the date on which he or she was appointed to the office for which he or she is an appointed incumbent. (d) The candidate may attach or append any supporting documents or other exhibits to his or her Ballot Designation Worksheet which he or she believes support his or her proposed ballot designation. Such attached documents or other exhibits shall be deemed to be incorporated by reference as part of the candidate's Ballot Designation Worksheet and shall be considered as such by the Secretary of State. (e) If a candidate requests a change of his or her ballot designation pursuant to Elections Code Section 13107(h), that request shall be accompanied by a Ballot Designation Worksheet. Note: Authority cited: Section 12172.5, Government Code. Reference: Sections 13107 and 13107.3, Elections Code. 20712. Proposed Ballot Designations Submitted Pursuant to Elections Code Section 13107, Subdivision (a)(1). Proposed ballot designations submitted pursuant to Elections Code Section 13107, subdivision (a)(1), shall be subject to the following provisions: (a) In the case of candidates holding elective city, county, district, state, or federal office, the candidate's ballot designation shall be the elective office which the candidate holds at the time of filing the nomination documents. (b) In the case of judicial officers, the candidate's ballot designation shall be the elective office which the candidate holds at the time of filing the nomination documents. (c) There shall be no word count limitation applicable to ballot designations submitted pursuant to Elections Code Section 13107, subdivision (a)(1). (d) Proposed ballot designations indicating a position of legislative leadership or leadership in another elected body, such as "Majority Leader of the California Senate," "Minority Leader of the California State Assembly," "Speaker of the California State Assembly," "President Pro Tempore of the California State Senate," "City of Orange Mayor Pro Tem," and the like, are not elective offices

City of Irvine Candidate Handbook

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