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VACANCIES
Registered voters will vote on the
following offices:
• Mayor – No Incumbent
• Council Member – District 1 – Incumbent:
No Incumbent
• Council Member – District 3 – Incumbent:
No Incumbent
• Council Member – District 5 – Incumbent:
Nora Campos
• Council Member – District 7 – Incumbent:
Madison Nguyen
• Council Member – District 9 – Incumbent:
Judy Chirco
TERM
The
term of office for all vacancies is January 1, 2007 through
December 31, 2010, a 4-year term.
ELIGIBILITY
Who may run for office? (Section 404 – Charter of
the City of San José)
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, 2006
for terms beginning January 1, 2007.
2) For Council Member, a resident of the Council District
in which the Candidate is running and for Mayor, a resident
of the City of San José, at least 30 days immediately
preceding the last day for filing of nomination papers, i.e.,
•
By February 8, 2006 (for Mayor and Council District Offices
1and 3)
OR
• By February 13, 2006 (for Council District Offices
5, 7, or 9 if, and only if, the incumbent does not run)
If the City Clerk cannot confirm a candidate’s residency
by the stated dates, proof of residency will be required.
3) For Council
Member, a registered voter in the district in which the candidate
is running and for Mayor, a registered voter in the City of
San José by the last day for filing of nomination papers.
• March 10, 2006
(for Mayor and Council District Offices 1and 3)
OR
• March 15, 2006 (for Council District Offices 5, 7,
or 9 if, and only if, the incumbent does not run)
FEES
There are no fees to run
as a candidate for Mayor or Council Member.
ELECTION CYCLE
The
Election Cycle begins December 8, 2005. 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, December 8, 2005 and
ends at 5 p.m. on Saturday, May 20, 2006. 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 May 30, 2006, subject to the limits
established in San José's Election Law (Chapter 12.06
of the San José Municipal Code).
2) A Voluntary Expenditure Limit is in effect in the City
of San José. 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 75¢ (Seventy-five
Cents) per resident of the City for Mayoral candidates and
$ 1.00 (One Dollar) per resident of the district for Council
candidates. The population figures and expenditure limits
are as follows:
|
Number of Residents |
Expenditure Limit |
| Office of Mayor |
944,857 |
$708,643 |
| City Council District |
Number
of Residents |
Expenditure
Limit |
| District 1 |
90,172 |
$90,172 |
| District 2 |
94,405 |
$94,405 |
| District 3 |
96,434 |
$96,434 |
| District 4 |
98,686 |
$98,686 |
| District 5 |
97,252 |
$97,252
|
| District 6 |
91,928 |
$91,928 |
| District 7 |
96,883 |
$96,883 |
| District 8 |
97,211 |
$97,211 |
| District 9 |
90,610 |
$90,610 |
| District 10 |
91,276 |
$91,276 |
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 and on the web.
NOMINATION PERIOD
The
nomination period begins Monday, February 13, 2006 and ends
Friday, March 10, 2006 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, March 15, 2006 at 12:00
Noon.
NOMINATION PAPERS
Nomination papers will be available in the Office of the City Clerk on
Monday, February 13, 2006 A representative of the candidate
may pick up papers on behalf of the candidate and provide
to the City Clerk the name, home address, telephone, and FAX
numbers, and e-mail address of the candidate. Appointments
are highly recommended, but not required. To schedule an appointment,
please call (408) 535-1252.
1) Who may circulate?
Anyone who
is a registered voter in the City may circulate nomination
papers for Mayor, including the candidate. Anyone who is a
registered voter in the District, including the candidate,
may circulate nomination 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,
may nominate a candidate for City Council by signing the nomination
papers. For a Mayoral candidate, anyone who is an eligible,
registered voter in the City of San José, including
the circulator and the candidate, may sign the nomination
papers.
No voter may sign more than one nomination paper for the same
office. If a voter signs a petition for more than one candidate
for the same office, the voter's signature shall be valid
only on the petition which, taken in the order they were filed,
was filed first.
Each voter shall sign his/her own name and print his/her name
and address in his/her own hand (Note: State Law does provide
an exception: if a voter is unable to personally affix his/her
own signature and/or name and address, he/she may designate
a witness, who must also subscribe his/her own name on the
nomination paper)
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. Candidates are also encouraged to submit their
petitions well before the deadline of March 10, 2006 at 12:00
noon. Supplemental nomination papers may be issued if a candidate
fails to gather 50 valid signatures, provided there is still
sufficient time to do so before the closing date.
4) Where/When to file?
Office of the City Clerk, Second Floor
of the Wing, 200 East Santa Clara Street, San José,
California 95113, by Friday, March 10, 2006 at 12:00 Noon.
As previously noted, it is strongly recommended that you file
your papers sooner than the deadline. By doing so, you may
have additional time to gather necessary signatures should
your initial petition fall short of the requisite number of
valid signatures.
5) May nomination papers be withdrawn after they are
filed?
Once
filed with the City Clerk, a nomination paper may be withdrawn
until 12:00 Noon on Friday, March 10, 2006 or until 12:00
Noon on Wednesday, March 15, 2006, if an incumbent who is
eligible to run does not file. Otherwise, a person may not
withdraw as a candidate.
CANDIDATE STATEMENTS
Each candidate may prepare a Statement of Qualification
(up to 200 words) on a form provided by the City Clerk for
inclusion in the sample ballot which is mailed to voters prior
to the June 6, 2006 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,
March 10, 2006. A Candidate Statement cannot be changed after
it is filed, but it may be withdrawn by 5 p.m. on Monday,
March 13, 2006.
Run-off Candidates may submit a new Candidate Statement
for the Run-off Election in November (if one is required).
The deadline to file a new Candidate Statement for run-off
candidates only is August 1, 2006.
WHAT BALLOT DESIGNATION MAY BE USED?
1) No more than three words designating either the
current principal profession, vocation or occupation of the
candidate, or the profession, vocation or occupation 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.
STATEMENT OF ECONOMIC INTERESTS
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,
March 10, 2006 at 12:00 Noon.
CODE OF FAIR CAMPAIGN PRACTICES
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 June 6, 2006 election may not be displayed prior
to February 14, 2006 and must be removed by June 16, 2006.
See Municipal Code Section 23.04.700 for further information.
BILINGUAL
VOTER INFORMATION PAMPHLETS
Election materials, including the candidate statements
of qualifications, are translated into Chinese, Spanish, Tagalog
and Vietnamese. The City of San José pays for translation
services and for the printing and distribution of the voter
information pamphlets, also known as the “sample ballot”.
SALARY
The
Mayor's annual salary is $105,000. Council Member salaries
are currently $75,000. The Offices of Mayor and Council Member
are full-time positions. In addition, a monthly car allowance
of $350.00 is provided (subject to Council approval).
ADDITIONAL INFORMATION
1)
The Secretary of State will conduct a drawing of the letters
of the alphabet on Thursday, March 16, 2006. 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 June 6, 2006 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 7, 2006.
CONCLUSION
The information contained
herein is general information for candidates running for the
Offices of Mayor and Council Member and is subject to change.
Additional information will be issued, as it becomes available.
Check out these links for more information regarding campaign
fund collection and expenditure:
1. Candidates'
Campaign Disclosure Filings
2. Fair
Political Practices Commission - State of California
3. Elections
& Voter Information - State of California
4. Title
12 Ethics Provisions - San José Municipal Code
5.
Important Dates for Candidates - June 6, 2006 Election
Contact the Office of the
City Clerk at (408) 535-1252 for more information
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