California Fair Political Practices Commission Frequently Asked Questions: Campaign Activity
39. Q. A candidate received $500 from a donor for the special primary election a few days before the election, and another $500 from the same donor a few days after the primary election when the candidate moved to the special general election. Both contributions were received during the 90 days before the general election. Is a Form 497 required to be filed by the donor and/or the candidate? A. No. Because $1,000 or more was not received in connection with one election, the Form 497 is not required to be filed. 40. Q. Must a candidate file a Form 497 if, during the 90 days before the election or on the date of the election, they make a contribution of $1,000 or more from personal funds to their campaign? A. Yes. The candidate’s personal funds are contributions and subject to reporting in the same manner as other contributions received. 41. Q. What are the 24-Hour Contribution Report (Form 497) requirements for contributions received by a political party committee? A. A political party must report each contribution of $1,000 or more received within 90 days of any state election or on the date of a state election (including a special election). If the contributor is a committee, the contributor must also file the Form 497 within 24 hours. Enforcement Question 42. Q. If a campaign statement is filed late, what are the potential consequences? A. The filing officer with whom the statement is required to be filed may assess a fine of up to $10 for each day that the statement is late (or up to $20 per day for a statement and a copy). In addition, filing officers are required by law to refer non-filers to an enforcement authority. If a matter is referred to the FPPC’s Enforcement Division for failure to file, the fine may increase up to a maximum of $5,000 per violation. In 2017, 149 committees were fined by the FPPC for failing to timely file campaign statements. Candidate Questions 43. Q. When may a candidate begin to solicit and raise funds for an election? A. Upon filing a Candidate Intention Statement (Form 501), a candidate may begin to solicit and receive contributions. The Form 501 is considered filed when it is personally delivered or placed in the mail to the filing officer. 44. Q. Is a candidate required to file a Form 501 when running for reelection to the same office? A. Yes. A separate Form 501 is required for each election, including reelection to the same office. However, a new Form 501 is not required for the general election or special general election if the candidate filed a Form 501 for the connected primary or special primary election for the same office sought. 45. Q. If a candidate does not intend to raise any funds from others and will be spending personal funds only for the filing fee and ballot statement fee, is the candidate required to file a Form 501 and open a campaign bank account?
www.fppc.ca.gov FPPC Advice: advice@fppc.ca.gov (866.275.3772) FPPC EAEU • 016 11-2022 • Page 8 of 11
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