COUNCIL SEATS

Registered San José voters will vote on the following offices:
• Council Member – District 2 – Incumbent: No Incumbent
• Council Member – District 4 – Incumbent: Kansen Chu
• Council Member – District 6 – Incumbent: Pierluigi Oliverio
• Council Member – District 8 – Incumbent: No Incumbent
• Council Member – District 10 – Incumbent: Nancy Pyle

TERM

The term of office for all seats is January 1, 2009 through December 31, 2012, a 4-year term.

ELIGIBILITY

To be eligible to run for the Office 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 – that is, by January 1, 2008.

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 February 6, 2008 (for Council District Offices 2, 4, 6, 8 and 10) OR
• By February 11, 2008 (for Council District Offices 4, 6, or 10 if, and only if, the incumbent does not run)

3) A registered voter in the Council District in which the candidate is running by the last day for filing of nomination papers, i.e.,
• By March 7, 2008 (for Council District Offices 2, 4, 6, 8 and 10) OR
• By March 12, 2008 (for Council District Offices 4, 6, or 10 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.

FEES

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

ELECTION CYCLE 

The Election Cycle begins December 6, 2007. Candidates may declare their intention to run (Form 501) and set up a Campaign 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 6, 2007 and ends at 5 p.m. on Saturday, May 17, 2008. 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 26, 2008, 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 spending limits is $ 1.00 (One Dollar) per resident of the District. The population figures and expenditure limits are as follows:

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 11, 2008 and ends Friday, March 7, 2008 at 12:00 noon. If an incumbent who is eligible to run does not file, the deadline for that particular District office will be extended to Wednesday, March 12, 2008 at 12:00 noon.

NOMINATION PAPERS

Nomination papers will be available in the Office of the City Clerk beginning Monday, February 11, 2008. 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.

All completed nomination papers must be submitted at the same time to the City Clerk, by the deadline for filing. Incomplete nomination papers will not be accepted.

NOMINATION PAPERS: NOMINATION PETITION

1) Who may circulate?

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 petition with their name and address as registered with the County Registrar of Voters.

No voter may sign more than one nomination petition for the same office. If a voter signs candidate petitions for more than one candidate for the same office, the voter's signature shall be valid only on the petition of the candidate who files first.

Each voter shall sign his/her own name and print his/her name and address in his/her own hand. (Note: State Law provides 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 petition.)

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 7, 2008 at 12:00 noon. A supplemental nomination petition 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 7, 2008 at 12:00 noon, or until 12:00 noon on Wednesday March 12 for Districts 4, 6 and 10, if and only if, the incumbents do not file. 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, nomination papers may be withdrawn until 12:00 noon on Friday, March 7, 2008 or until 12:00 noon on Wednesday, March 12, 2008, if an incumbent who is eligible to run does not file. Otherwise, a person may not withdraw as a candidate.

NOMINATION PAPERS: CANDIDATE’S STATEMENT OF QUALIFICATIONS

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 3, 2008 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 7, 2008. A Candidate Statement cannot be changed after it is filed, but it may be withdrawn up until 5 p.m. on Monday, March 10, 2008.

NOMINATION PAPERS: CANDIDATE’S BALLOT DESIGNATION

1) Each candidate may designate a profession, occupation or vocation on a form provided by the City Clerk. Such designation will appear on the ballot with the candidate’s name and will be included in the sample ballot which is mailed to voters. No more than three words can be used to designate 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,
OR
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 on selecting a ballot designation will be provided to candidates at the time nomination papers are taken out.

NOMINATION PAPERS: 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 must be filed with the Nomination Papers in the Office of the City Clerk no later than Friday, March 7, 2008 at 12:00 noon.

NOMINATION PAPERS: 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 3, 2008 election may not be displayed prior to Tuesday, February 12, 2008 and must be removed by June 13, 2008. See Municipal Code Section 23.04.700 for further information.

BILINGUAL VOTER INFORMATION PAMPHLETS

Election materials, including the candidate statements of qualifications and the candidate’s ballot designation, 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

Effective July 1, 2008, Council Member salaries will be $90,000 annually. The Office of Council Member is a full-time position. In addition to the annual salary, a monthly car allowance of $600.00 is available.

ADDITIONAL INFORMATION

1) The Secretary of State will conduct a drawing of the letters of the alphabet on Thursday, March 13, 2008. The result of the drawing is known as a “randomized alphabet” and 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 3, 2008 in order to be elected. If no one candidate receives such a majority, then the two candidates who received the greatest number of votes will run against each other at a runoff election to be held on November 4, 2008.

CONCLUSION

The information contained herein 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 out these links for more information, especially 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 3, 2008 Election

Contact the Office of the City Clerk at (408) 535-1252 for more information.