City of San Bernardino Candidate Information Guide

Ex 11.3 - City council candidate Martinez’s controlled committee for election to office does not file independent expenditure reports when it pays for mailers for the candidate’s election, because these payments are direct campaign expenditures made by the candidate. An independent group sending mailers attacking council candidate Martinez’s opponent, without the cooperation, knowledge or consent of council candidate Martinez, will file independent expenditure reports. B. Independent Expenditure Reporting As described in Chapter 6, a payment for a communication that expressly advocates support of or opposition to a candidate or ballot measure, which is not made at the behest of the candidate or measure committee, is an “independent expenditure.” Chapter 6 defines in detail “expressly advocates” and “made at the behest of” and provides examples to assist committees in determining whether a payment made for a communication is considered an independent expenditure. The Act requires committees making independent expenditures to file several forms so that voters are fully informed about who is paying for the communications that urge voters to support or oppose a particular candidate or ballot measure. Because the affected candidate or measure committee will not report the expenditures, the committee making the independent expenditures must file certain forms at the same time the candidate is required to file. In addition, a verification form that identifies an individual who is responsible for ensuring that the campaign committee’s independent expenditures were not coordinated with the listed candidate or ballot measure (or the opponent) must be filed. A committee that makes an independent expenditure of $1,000 or more must also file the forms 496 (24-Hour/10-Day Independent Expenditure Report)listed below.

• Form 496 (24-Hour/10-Day Independent Expenditure Report)

• Form 462 (Verification of Independent Expenditures)

Fair Political Practices Commission advice@fppc.ca.gov

Chapter 11.11

Campaign Manual 2 August 2023 Page 380

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