Registered voters will vote on the following offices:

• Council Member – District 2– Incumbent:  Forrest Williams

• Council Member – District 4– Incumbent: Chuck Reed

• Council Member – District 6– Incumbent:  Ken Yeager

• Council Member – District 8– Incumbent: David Cortese

• Council Member – District 10– No Incumbent

The term of office for all vacancies is January 1, 2005 through December 31, 2008, a 4-year term.

To be eligible to run for the Office of Mayor or Council Member a candidate must have been:

1) A citizen of the United States for at least one year immediately preceding the commencement of the term -- by January 1, 2004 for terms beginning January 1, 2005.

2) A resident of the Council District in which the Candidate is running, at least 30 days immediately preceding the last day for filing of nomination papers, i.e.,

• By November 5, 2003 for Districts 2, 4, 6, 8 and 10.

• By November 10, 2003 if an incumbent of District 2, 4, 6, or 8 does not run.

If the City Clerk cannot confirm that you have been a resident of the District by the stated dates, proof of residency will be required.

3) A registered voter in the district in which the candidate is running by the last day for filing of nomination papers.

• By December 5, 2003 at Noon for Districts 2, 4, 6, 8 and 10.

• By December 10, 2003 at Noon if an Incumbent of District 2, 4, 6 or 8 does not run.

There are no fees to run as a candidate for Mayor or Council Member.

The Election Cycle begins September 4, 2003. Candidates may declare their intention to run (Form 501), and set up a Committee and bank account prior to that time (Form 410). 

FUND RAISING and CAMPAIGN DISCLOSURE

1) No candidate may solicit, accept, or deposit contributions outside of the Campaign Contribution Period.  The Campaign Contribution Period begins Thursday, September 4, 2003 and ends at 5 p.m. on Saturday,  February 14, 2004.  Any contribution received outside the Campaign Contribution Period shall not be accepted or deposited, and shall be returned to the contributor or donor within 5 business days. Personal funds may be deposited into the campaign through February 23, 2004, subject to the limits established in San Jose's Election Law (Chapter 12.06 of the San Jose Municipal Code). 

2) A Voluntary Expenditure Limit is in effect in the City of San Jose. All candidates must determine if they will participate, or not, prior to accepting contributions (Form 500). If a candidate chooses to participate in the program, the formula for determining the limits is $ 1.00 (One Dollar) per resident of the district for Council candidates.  The population figures and expenditure limits are as follows:

	Number of City Residents	Expenditure Limit
Office of Mayor	924,950	$693,713

 

City Council District	Number of Residents	Expenditure Limit
District 1	88,180	$88,180
District 2	92,413	$92,413
District 3	94,442	$94,442
District 4	96,695	$96,695
District 5	95,262	$95,262
District 6	89,938	$89,938
District 7	94,893	$94,893
District 8	95,221	$95,221
District 9	88,620	$88,620
District 10	89,286	$89,286

 

3) Each candidate will file periodic campaign financial disclosure statements during the election cycle. The filing schedule will be provided by the City Clerk. All State and Local Forms are available in the Office of the City Clerk.

The nomination period begins Monday, November 10, 2003 and ends Friday, December 5, 2003 at 12:00 Noon. If an incumbent who is eligible to run does not file, the deadline for that particular office will be extended to Wednesday, December 10, 2003 at 12:00 Noon.

Nomination papers will be available in the Office of the City Clerk on Monday, November 10, 2003. Tuesday, November 11, 2003 is a national holiday and City Hall will be closed.  A representative may pick up papers on behalf of a candidate and provide to the City Clerk the name, home address, telephone, and FAX numbers, of the candidate.

1) Who may circulate?

Anyone who is a registered voter in the District, including the candidate, may circulate papers for Council Member.

2) Who may sign?

Anyone who is an eligible registered voter in the District at the time of signing, including the circulator and the candidate. No voter may sign more than one nomination paper for the same office. If a voter signs more candidate petitions than there are offices to be filled, the voter's signature shall be valid only on those petitions which, taken in the order they were filed, do not exceed the number of offices to be filled.

3) How many signatures?

At least fifty (50) valid signatures are required to qualify as a candidate. No more than sixty (60) will be accepted or counted. Prospective candidates are encouraged to submit the maximum of 60.

4) Where/When to file?

Office of the City Clerk, City Hall, 801 North First Street, Room 116, San Jose, California 95110, by Friday, December 5, 2003 at 12:00 Noon. 

5) May a nomination paper be withdrawn after it is filed?

Once filed with the City Clerk, a nomination paper may be withdrawn until 12:00 Noon on Friday, December 5, 2003 or until 12:00 Noon on Wednesday, December 10, 2003, if an incumbent who is eligible to run does not file.  Otherwise, a person may not withdraw as a candidate.

Each candidate may prepare a Candidate Statement for inclusion in the sample ballot which is mailed to voters prior to the March 2, 2004 election by the Santa Clara County Registrar of Voters. Candidate Statements must be filed with the Nomination Papers in the Office of the City Clerk by Noon on Friday, December 5, 2003. A Candidate Statement cannot be changed after it is filed, but it may be withdrawn by 5 p.m. on Monday, December 8, 2003. Candidate Statements will be available in the office of the City Clerk for review from Tuesday, December 9 through Thursday, December 18, 2003.

1) No more than three words designating either the current principal professions, vocations or occupations of the candidate, or the professions, vocations or occupations of the candidate during the calendar year immediately preceding the filing of nomination documents.

2) Words designating the elective office the candidate holds at the time of filing the nomination papers to which he/she was elected by the vote of the people. Detailed instructions will be provided to candidates at the time nomination papers are taken out.

Each candidate will be given Form 700, Statement of Economic Interests, with the nomination documents . The candidate must disclose investments and interests in real property held on the date of filing, and income received during the 12 months prior to the date of filing. Form 700 shall be filed with the Nomination Papers in the Office of the City Clerk no later than Friday, December 5, 2003 at 12:00 Noon.

The California State Legislature has established a Code of Fair Campaign Practices, and encourages each candidate for public office to subscribe to it. The purpose of the Code is to give the voters guidelines in determining fair play, and to encourage candidates to discuss issues, not untruths or distortions. Subscription to the Code is voluntary. The code, if signed, should be returned with the candidate's nomination papers.

ELECTION SIGNS

Election signs for the March 2, 2004 election may not be displayed prior to November 11, 2003 and must be removed by March 12, 2004.  See Municipal Code Section 23.04.700 for further information.

BILINGUAL VOTER INFORMATION PAMPHLETS

Election materials including candidate statements, are translated into Chinese, Spanish and Vietnamese. The voter information pamphlets will be unilaterally English/Spanish, Citywide, English/Chinese for registered voters who are Chinese, and English/Vietnamese for registered voters who are Vietnamese. The City of San Jose pays for both translation services and the printing and distribution of the voter information pamphlets, i.e., the sample ballot.

Effective July 1, 2003, the annual salary for the Office of Mayor is $105,000, and $75,000 for the Office of Council Member. The Offices of Mayor and Council Member are full-time positions.

1) The Secretary of State will conduct a drawing of the letters of the alphabet on Thursday, December 11, 2003. The result of the drawing is known as a randomized alphabet which will be used to determine the order of Candidate names on the ballot.

2) A candidate must receive a majority of all votes cast for the office being sought on March 2, 2004 in order to be elected. If no one candidate receives such a majority, then the two candidates who received the greatest number of votes shall run against each other at a runoff election to be held on November 2, 2004.

The above information is general information for candidates running for the Office of Council Member and is subject to change. Additional information will be issued, as it becomes available.

• Check these links for more information regarding campaign fund collection and expenditure: SJMC Title 12, Chapter 12.06 | CA Fair Political Practices Commission

• Contact City Clerk's Office at (408) 277-4424 for more information.