Contact Us

Office of the City Attorney
Attn. Campaign Guidance
200 E. Santa Clara St.
16th Floor
San Jose, CA 95113

Ph: (408) 535-1900
Fx: (408) 998-3131
Email

Campaign Guidance

The Office of the City Attorney provides legal interpretation of the San José Municipal Code regarding elections and ethics. This includes:

Written guidance for candidates and initiative petitioners on complying with San José election law.
Responding to questions about San José election law, including campaign compliance and reporting contributions.
Inquiries about San José's Code of Ethics, including accepting gifts and lobbying requirements.

Fair Political Practices Commission (FPPC)

The FPPC is the State agency that interprets and enforces the Political Reform Act. The Political Reform Act contains California's ethics and election laws, and includes regulations on campaign finance, financial conflicts of interest, and gifts and honoraria given to public officials and candidates.

Although the City Attorney’s Office may provide information on State law as it relates to San José's ethics and election laws, the FPPC is ultimately responsible for interpreting its rules. Relying on advice from the City Attorney's Office is not a defense in an inquiry on whether State law has been violated.

The FPPC provides advice on the requirements of the Political Reform Act through its Advice Line at 1-866-ASK-FPPC (1-866-275-3772) or advice@fppc.ca.gov.

Office of the City Clerk

The City Clerk is the City of San José Elections Official. All election and campaign forms must be filed with the City Clerk’s Office, and any questions about completing and filing these forms can be directed to the Office of the City Clerk.

Campaign Guidance Legal Opinions

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FAQs

What form must I file with the City Clerk in order to declare my candidacy?

A Candidate must file nomination papers pursuant to San Jose Municipal Code (SJMC) 12.05.060 with the City Clerk no later than twelve noon on the eighty-eighth day before the city municipal election. SJMC provides that voters may nominate candidates for election by signing a nomination paper not earlier than the one hundred thirteenth day nor later than twelve noon on the eighty-eighth day before a city municipal election.

Nomination papers are issued by the City Clerk and include several forms and must be filed at the same time. The list includes but may not be limited to: (1) Nomination Papers (also known as the “petition”), (2) Certificate of Residency, (3) Ballot Designation Worksheet and Form, (4) Statement of Economic Interests – Form 700, (5) Candidate Statement of Qualifications Form, (6) Code of Fair Campaign Practices, (7) Form 503 Declaration by Candidate or Committee Treasurer, and (8) other forms, as required by the County of Registrar of Voters.
Can I donate or spend personal funds prior to the campaign contribution period?

The San Jose Municipal Code prohibits the solicitation and/or acceptance of campaign contributions prior to 180 days before an election. For the 2020 March primary election, this date is September 5, 2019. The FPPC requires that candidates file a statement of intention and establish a campaign bank account before making any expenditure from personal funds pursuant to Government Code Section 85201. Furthermore, 85201(c) of that section requires all contributions or loans made to the candidate be deposited in the account. Therefore, as long as you track expenditures of your own funds through the campaign bank account, you may spend personal funds prior to September 5, 2020. Municipal Code Section 12.06.295 provides additional detail regarding personal funds including restrictions regarding personal loans.
Can my campaign hold and promote events prior to the contribution period?

You may hold and promote meet and greets and house parties that are not for the purpose of raising campaign funds as long as you follow the rules of the FPPC and City of San José Municipal Code. Such events cannot be held by a lobbyist or lobbying firm. Soliciting individuals to serve on a campaign fundraising committee prior to the campaign contribution period is allowed as it is merely a planning and coordinating stage for soliciting and accepting contributions to a campaign. However, lining up financial or in-kind pledges or contributions prior to the campaign contribution period would indicate that some degree of solicitation was made and is therefore prohibited except during the campaign contribution period.

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