City of San Bernardino Candidate Information Guide

Ex 7.1 - An individual paid $4,000 for a newspaper ad stating “Vote for Autumn Gomez.” The communication expressly advocates support for a clearly identified candidate and must be reported either as a contribution if it was made at the candidate’s behest or as an independent expenditure if it was not. Later, the same individual paid $2,000 for post card-sized flyers that simply stated, “Vote on Election Day.” This communication is not reported as a contribution or independent expenditure because it did not expressly advocate support of or opposition to a candidate or measure. Ex 7.2 - Friends of Gomez, a non-candidate controlled committee primarily formed to support Autumn Gomez’s candidacy, printed campaign literature stating, “Vote for Autumn Gomez.” The communication included a copy of a photograph the committee obtained from the public information counter at Autumn Gomez’s campaign headquarters. Autumn Gomez did not in any way coordinate with the committee in producing the campaign literature. Therefore, the committee made an independent expenditure, not a contribution to Autumn's Gomez’s campaign. On the other hand, if the committee contacted Autumn Gomez and arranged for a professional photographer to meet for the purpose of taking photographs for the mailer, the committee would be making a nonmonetary contribution to Autumn Gomez's campaign. Ex 7.3 - During Curt Anthony’s campaign, two newspaper advertisements supporting Curt Anthony were published without Curt Anthony’s knowledge or consent. Because the payments for these communications were not coordinated with Curt Anthony or made at Curt Anthony’s behest, they were independent expenditures by the person(s) funding the ads and were not reportable by Curt Anthony’s campaign. The person(s) who paid for the ads may have a filing obligation.

Fair Political Practices Commission advice@fppc.ca.gov

Chapter 7.7

Campaign Manual 2 August 2023 Page 256

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