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HomeMy WebLinkAboutB - Campaign Information ResourcesY r F L � F Campaign Information Resources FAQ - OC Register of Voters OC Register of Voters- Voter Registration Information Application for Voter Registration Information Fair Political Practices Commission (FPPC Title 2, Division 6) Department of Transportation - Political Signs Political Advertising Requirements Political Advertising Disclaimers Elections Code (Electioneering on Election Day) Election Day - Poll Watching Guidelines Election Night Results ® FAQ - OC Registrar of Voters 714.567.7600 www.ocvote.com How can I request a vote -by -mail ballot? You can use our online tool to apply for a one -time vote -by -mail ballot or become a permanent vote -by -mail voter. I lost or damaged my vote -by -mail ballot, how can I get a replacement? You can use our online tool to request a replacement vote -by -mail ballot. Can I opt out of receiving my sample ballot in the mail and /or view it online? You can use our online tool to opt out of receiving a sample ballot in the mail. I would like to vote at my polling place, and need the location. Where can I find the address? You can use our online tool to look up your polling place. You can also find your polling place using our new voter lookup feature. ® I notice the location of my polling place changed - why was it moved? In California, there are not permanent polling places. The locations may change from election -to- election. The most common reason for the change of a polling place location is that the facility is no longer available to serve as a polling place. How can I register to vote, verify an existing registration, cancel my registration, or update my registration? You can verify your registration using our new voter lookup feature. You can also register to vote, update your registration or learn more about voter registration from the easy -to -use voter registration section of our website. How can I verify that my ballot was counted? You can verify if your ballot was counted by using our new voter lookup feature. How can I see who my elected officials are? You can use our district lookup tool to view your elected officials. You can also find your elected officials by using our new voter lookup feature. I have been receiving political mail and phone calls at my home. Where are they obtaining my information? This information can be obtained from a variety of sources, including the voter ® registration list. Current State law allows voter registration data to be obtained for election, governmental, scholarly or political research purposes. . Orange County Registrar of Voters Voter Registration Information Fill out the application and mail to the Orange County Office of the Registrar rather than taking the application to the office — it usually takes a few days to prepare the indexes. Call to verify when the lists will be ready before going to Santa Ana — (714) 567 -7615 — Norma Castillo Orange County Registrar of Voters Attention: Norma Castillo 1300 So. Grand Ave. P.O. Box 11298 Santa Ana, CA 92711 APPLICATION FOR VOTER REGISTRATION INFORMATION Pursuant to Election Code 2188, voter registration information is available to persons or groups who meet specific conditions, including the completion of a written application. All requests to view, purchase, or use voter information be accompanied by a written application. ® PLEASE PRINT IN INK OR TYPE NAME OF PERSON REQUESTING INFORMATION: First Middle Initial Last Drivels License Number: State: Date of Expiration: COMPLETE RESIDENCE Number Street I ) Telephone Number City State Zip Code If no street address, give postal mailing address and describe location of residence. Mailing Address Location of Residence COMPLETE BUSINESS ADDRESS: Number Street Telephone Number Ciry State Zip Code If no street address, give postal mailing address and describe location of residence. Mailing Address ® Location of Residence If this application is on behalf of any person other than the applicant, this section must be completed. Name of person or group requesting voter information. COMPLETE BUSINESS ADDRESS: Number Street Telephone Number Ciry State Zip Code Name of person authorizing or requesting this application. THIS SECTION MUST BE COMPLETED Specific voter registration information requested: Intended use of voter registration information requested: REQUESTING COPIES: List persons) whose registration information is being copied: ® "I certify, under penalty of perjury, that all information on this form is true and correct." Signature (Full Name): Executed at Santa Ana Identification verified (Revised 5/07/10) El In accordance with the California Public Records Act, I hereby request the following computer product: CD -ROM voter file of entire County of Orange, w /Hest ❑ wlo Hist ❑ CD -ROM voter file of (District) w /Hist O w/o Hist ❑ (voter M1SMry Is a sev.ste fim file Met eon he me,ged wor the voter file mr, me voter ID Wore) CD -ROM of Hard Copy of Street Index of voters, aka walk list (8.5x11 pent out). List Precinct(s) or The Registrar of Voters does not guarantee the accuracy or efficacy of the information contained in the product. The data contained in the CD -ROM copies is in text format (filemane.txt). It is the responsibility of the purchaser to access /manipulate the data contained on the CD. The Registrar of Voters does not provide technical support for the use of this data. Full payment must accompany order. NO REFUNDS - EXCHANGES ONLY. The purchaser will need to import the text file into a data base application that you will be using. All expected completion dates quoted by staff for the production of computer products are only estimates. The Registrar of Voters does not guarantee a delivery date for any computer product. All products requested will be produced following those jobs which are necessary to the department for the conduct of an election. Initial The applicant hereby agrees that the aforementioned information set forth in affidavits of registration of voters and any information derived from said electronic data processing CD's /printouts hereinafter collectively referred to as ( "registration information ") will be used only for election, governmental, scholarly or political research purposes, as defined by Title 2, Division 7, Article 1 section 19003 of the California Administrative Code. The applicant further agrees not to sell, lease, loan or deliver possession of the registration information, or a copy thereof, or any portion thereof, to any person, organization or agency without receiving written authorization to do so from the Secretary of State or from the source agency. Subject to provisions of Title 2, Division 7, Article 1 section 19003 through 19007 of the California Administrative Code, the applicant agrees to pay the State of California, as compensation for any unauthorized use of each individual's registration information, an amount equal to the sum of $.50 multiplied by the number of times each registration record is used by the applicant in an unauthorized manner. Initial Polling Place information - I am aware of, and have read, the provisions of Section 18302 of the California Elections Code, regarding polling place information distribution, given below. Section 18302 California Elections Code, Distribution of Precinct Polling Place Information. Every person is guilty of a misdemeanor who knowingly causes to be mailed or distributed, or knowingly mails or distributes literature to any voter which includes a designation of voter's precinct polling place other than a precinct polling place listed for that voter in an official precinct polling list which constituted the latest official precinct polling list at sometime not more than 30 days prior to such mailing or distribution. Initial Exp Date:_ Address on Shipping Information (US Post Office, ESSEX, UPS, etc.) Counter Name: ® Acct. Number: Type of Service'. FOR OFFICE USE ONLY MW CD -ROM COPY STREET INDEX (.50 cents per 1,000 voters) N of Reg. Voters Received by (Customer Signature) Product Pick Up S ® Fair Political Practices Commission Title 2, Division 6, California Code of Regulations § 18427. Duties of Treasurers and Candidates with Respect to Campaign Statements. (a) Treasurers. The treasurer of a committee shall verify that to the best of his or her knowledge the committee campaign statements are true and complete and use all reasonable diligence in the preparation of the statements. To comply with these duties the treasurer shall do all of the following: (1) Establish a system of record keeping sufficient to ensure that receipts and expenditures are recorded promptly and accurately, and sufficient to comply with regulations established by the Commission related to record keeping. (2) Either maintain the records personally or monitor record keeping by others. (3) Take steps to ensure compliance with all requirements of the Act concerning the receipt and expenditure of funds and the reporting of funds. (4) Either prepare campaign statements personally or review with care the campaign statements and underlying records prepared by others. (5) Correct inaccuracies or omissions in campaign statements of which the treasurer knows, and cause to be checked, and, if necessary, corrected, information in campaign statements a person of reasonable prudence would question based on all the surrounding circumstances of which the treasurer is aware or should be aware by reason of his or her duties under this regulation and the Act. (b) Candidates with respect to candidate campaign statements. A candidate shall verify that to the best of his or her knowledge his or her own campaign statements are true and complete and use all reasonable diligence in the preparation of the statements. To comply with these duties the candidate shall be subject to the same duties imposed upon treasurers as stated in subdivision (a). (c) Candidates with respect to campaign statements of committees they control. A candidate shall verify to the best of his or her knowledge that the campaign statements filed by a committee he or she controls are true and complete and that the treasurer has used all reasonable diligence in the preparation of the statements. To comply with these duties, the candidate shall do all of the following: ® (1) Ascertain whether the treasurer is exercising all reasonable diligence in the performance of his or her duties including those duties specified under subdivision (a). (2) Take whatever steps are necessary to replace the treasurer or raise the treasurer's performance to required standards, if the candidate knows or has reason to know that the treasurer is not exercising all reasonable diligence in the performance of his or her duties. (3) Review with care the campaign statements prepared for filing by the committee. (4) Correct any inaccuracies and omissions in campaign statements of which the candidate knows, and cause to be checked, and, if necessary, corrected, any information in campaign statements a person of reasonable prudence would question based on all the surrounding circumstances of which the candidate is aware or should be aware by reason of his or her duties under this regulation and the Act. (5) Perform with due care any other tasks assumed in connection with the raising, spending or recording of campaign funds insofar as the tasks relate to the accuracy of information entered on campaign statements. ® (6) Unless such steps are required to meet the standards set forth in subdivision (c)(1) through (4), a candidate is not responsible for establishing a record keeping procedure for a committee, monitoring committee record keeping, reviewing campaign finance records other than campaign statements, or personally taking steps to corroborate any information contained on a campaign statement. (d) Committees where no treasurer is designated. If a committee fails to designate a treasurer as required by Government Code Section 84100, the individual or group of individuals primarily responsible for approving the political activity of the committee, as defined in Regulation 18402.1(b), will be considered the treasurer or treasurers and will be subject to all the duties set forth in subdivision (a). COMMENT. This regulation sets out the duties of candidates and treasurers only with respect to campaign statements. Among the duties imposed by this regulation on candidates and treasurers with respect to committee campaign statements is to "cause to be checked, and, if necessary, corrected, any information ... which a person of reasonable prudence would question based on all the surrounding circumstances of which the treasurer [candidate] is aware or should be aware by reason of his or her duties under this regulation and the Act." The circumstances that trigger a duty to inquire under this standard are limited to those circumstances actually known to the candidate or treasurer and to those circumstances the candidate or treasurer should be aware of in carrying out his or her duties under the Act and regulation. They do not include ® circumstances a candidate or treasurer "might" or "should have known" if the candidate or treasurer had gone beyond his or her required duties. For example, Mr. Jones gives Mr. Smith $100 in cash and instructs him to write a check to the candidate's controlled committee and to conceal the true source of the contribution. The committee reports the contribution received from Smith. If neither the candidate nor treasurer has knowledge of the questionable nature of the contribution and neither, through performance of their respective duties (such as monitoring campaign records or reviewing campaign statements), could have learned facts that would lead one to question the contribution, the candidate and treasurer have no duty of inquiry with respect to the contribution. There is no duty of inquiry even though Smith would have revealed the true source of the funds if he had been asked. Once circumstances are known that raise a question concerning the accuracy of information on a campaign statement, an inquiry is required. It is not possible in a regulation to describe with particularity every factual situation that might trigger a duty to inquire because the circumstances that could arise with respect to any particular campaign transaction are endless. For example, a duty to inquire may be triggered in the case of a contribution as a result of the size of the contribution, the reported source, the likelihood of that source making a contribution of the size reported, the circumstances surrounding receipt, or the manner in which the contribution is recorded in campaign records. The burden of inquiry is likely to fall more heavily upon the treasurer because it is the treasurer, rather than the candidate, upon whom the major record keeping and reporting ® responsibility falls. Therefore, the treasurer is more likely than the candidate to be the person who, by reason of performance of duties, is aware of or should be aware of facts which would give rise to a duty of inquiry. Note: Authority cited: Section 83112, Government Code. Reference: Sections 81004, 84100, 84213 and 91004, Government Code. HISTORY 1. New section filed 12 -13 -77 as an emergency; effective upon filing (Register 77, No. 51). For prior history, see Register 77, No. 17. 2. Repealed 4 -13 -78 by operation of Section 11422.1(c), Government Code. (Register 79, No. 16). 3. New section filed 4- 20 -79; effective thirtieth day thereafter (Register 79, No. 16). 4. Amendment of subsection (d) filed 1- 25 -80; effective thirtieth day thereafter (Register 80, No. 4). 5. Editorial correction of section title filed 1 -9 -81 (Register 81, No. 2). 6. Amendment of section heading filed 2- 17 -82; effective thirtieth day thereafter (Register 82, No. 8). 7. Amendment filed 10 -31 -2008; operative 1 -1 -2009. Submitted to CAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44). 8. Editorial correction of effective date in History 7 (Register 2008, No. 49). • Committee Treasurers Every Recipient Committee Must Have a Treasurer Under California's Political Reform Act, a person or organization that receives contributions totaling $1,000 or more in a calendar year to support or oppose state or local candidates or ballot measures qualifies as a "recipient committee" and must have a treasurer. No contributions may be accepted and no expenditures may be made without a treasurer. The treasurer is responsible for: • Filing the committee's statement of organization (Form 410) and termination of the committee; • Establishing and maintaining a recordkeeping system that ensures the committee complies with the Act's disclosure requirements; • Verifying and signing the committee's campaign statements and filing them on time; • Correcting inaccuracies or omissions that may occur. Anyone may act as a committee treasurer. A candidate may serve as his or her own committee treasurer. However, no individual should accept the position of committee treasurer as a mere figurehead. If errors or omissions occur in a committee's recordkeeping and reporting, the treasurer will often be a named parry in any resulting enforcement action and may be held personally liable. A committee may appoint one assistant treasurer on its statement of organization to act in place of the treasurer if he or she is unavailable. To adequately perform his or her duties, a committee treasurer must have a basic understanding of the law and the treasurer's responsibilities. Treasurer's Responsibilities Registration A recipient committee must register under the Act by filing a statement of organization (Form 410) within 10 days of receiving contributions totaling $1,000 in a calendar year. The committee treasurer must sign the form and see that it is filed on time. On the Form 410, the committee provides basic information about the committee (such as its name, address, and principal officers) and identifies the individual who will act as the committee's treasurer. If any of the information on the statement of organization changes, the treasurer must file an amendment within 10 days. If a committee qualifies during the 16 days before an election, or if certain ® information about the committee (e.g., the name of the committee, the committee treasurer) changes during that period, an amendment to the statement of organization must be filed within 24 hours. Recordkeeping and Reporting The treasurer is responsible for the timely and accurate filing of campaign disclosure reports with the appropriate state and /or local filing officers. To accomplish this, the treasurer must see that complete and accurate records of receipts and expenditures are maintained from the very beginning of the committee's operations. The treasurer is required to maintain the records personally or monitor committee support staff or others that actually perform the recordkeeping duties. The treasurer must also prepare the campaign statements personally or carifully review the campaign statements and records prepared by others. If required information is missing, it is the treasurer's responsibility to obtain it. The treasurer must also monitor compliance with the Act's restrictions on cash contributions, cash expenditures, and with federal and local campaign laws. All reports and statements must be signed by the treasurer or assistant treasurer. Candidate Controlled Committees A candidate or officeholder who controls a committee must make sure the treasurer is adequately performing his or her required duties. If the candidate or officeholder knows or has reason to know the treasurer is not performing adequately, he or she must replace the treasurer or bring the treasurer's performance up to required standards. A controlling candidate or officeholder must sign the committee's campaign statements, verifying that the treasurer has used all reasonable diligence in preparing them. For Detailed Recordkeeoina and Reoortina Requirements • To assist treasurers, the following information is available from the FPPC: • The Political Reform Act, contained in the California Government Code, sections 81000 - 91014. Campaign disclosure is contained in Chapter 4, sections 84101 - 84309. • Commission regulations are contained in Title 2, Division 6 of the California Code of Regulations. See: Regulation 18401 (Required Recordkeeping) Regulation 18426.1 (Assistant Treasurer) Regulation 18427 (Duties of Candidates and Treasurers) • FPPC Campaign Disclosure Information Manuals contain detailed disclosure and recordkeeping requirements as well as other important information. Fair Political Practices Commission 428 J Street, Ste. 620,Sacramento, CA 95814 Toll -Free 1 -(866) ASK -FPPC or (916) 322 -5660 SATE OF CALIFORNIA -BUS S.iR ORTA=A2 HOUSMC AGENCY BDM G. BROW aG- DEPARTMENT OF TRANSPORTATION DIVISION OF TRAFFIC OPERATIONS OUTDOOR ADVERTISING PROGRAM Y Dear Candidate or Committee Member: As a candidate or campaign worker for either offi cc or a ballot measure, this reminder about State law governing campaign signs should be helpful to you. Section 5405.3 of the State Outdoor Advertising Act exempts the placing of Temporary Political Signs from normal outdoor advertising display requirements. A Temporary Political Sign meets the following criteria: A. Encourages a particular vote in a scheduled election. B. Is placed no sooner than 90 days prior to the scheduled election and is removed within 10 days after that election. C. Is no larger than 32 square feet. D. Has had a Statement of Responsibility filed with the Department certifying a person who will be responsible for removing the sign (Attached). A completed Statement of Responsibility must be submitted to: Division of Traffic Operations Outdoor Advertising Program P.O. Box 942874, MS -36 Sacramento, CA 94274 -0001 Temporary Political Signs shall not be placed within the right -of -way of any highway, or be visible within 660 feet from the edge of the right -of -way of a classified "Landscaped freeway ". State law directs the Department of Transportation to remove unauthorized Temporary Political Signs and bill the responsible party for their removal. We are calling these provisions to your attention to avoid possible embarrassment or inconvenience to you and your supporters. Please share this information with those assisting in your campaign. Should you have any questions, comments or need additional information, please call (916) 654 -6473. Enclosure 105 STATV 01 CALIFORNIA BUSINESS, TRANSPORTATION AND HOUSING AGENCY ®DEPARTMENT OF TRANSPORTATION DIVISION OF TRAFFIC OPERATIONS OUTDOOR ADVERTISING PROGRAM 0 EDMUND G. BROWN 1R, G.ve.., STATEMENT OF RESPONSIBILITY FOR TEMPORARY POLITICAL SIGNS Election Date: June Candidate's Name: Office sought or Proposition Number: County where sign(s) will be placed: Number of signs to be placed: RESPONSIBLE PARTY: Name: Address: Phone Number (Include Area Code) November Other: The undersigned hereby accepts responsibility for the removal of Temporary Political Signs placed pursuant to Section 5405.3 of the Outdoor Advertising Act for the above candidate or proposition. It is understood and agreed that any Temporary Political Signs placed sooner than ninety (90) days prior to the election and /or not removed within ten (10) days after the election, may be removed by the Department and the responsible party will be billed for any associated removal costs. SIGNATURE OF RESPONSIBLE PARTY DATE Mail Statement of Responsibility to: Division of Traffic Operations Outdoor Advertising Program P.O. Box 942874, MS -36 Sacramento, CA 94274 -0001 ME POLITICAL ADVERTISEMENT REQUIREMENTS Any paid political advertisement which refers to an election or to any candidate for state or local elective office and that is contained in or distributed with a newspaper, shall bear on each surface or page thereof, in type or lettering at least half as large as the type or lettering of the advertisement or in 10 -point roman type, whichever is larger, the words "Paid Political Advertisement". The words shall be set apart from any other printed matter. As used in this section "paid political advertisement' shall mean and shall be limited to, published statements paid for by advertisers for purposes of supporting or defeating any person who has filed for an elective state or local office. § 20008 SIMULATED BALLOT REQUIREMENTS Every simulated ballot or simulated sample ballot shall bear on each surface or page thereof, in type or lettering at least half as large as the type of lettering of the statement or words or in 10 -point roman type, whichever is larger, in a printed or drawn box and set apart from any other printed matter, the following statement: NOTICE TO VOTERS (Required by law) This is not an official ballot or an official sample ballot prepared by the county elections official or the Secretary of State. This is an unofficial, marked ballot prepared by (insert name and address of the person or organization responsible for preparation Nothing in this section shall be construed to require this notice in any editorial or other statement appearing in a regularly published newspaper or magazine other than a paid political advertisement. No simulated ballot or simulated sample ballot shall bear any official seal or the insignia of any public entity, nor shall that seal or insignia appear upon the envelope in which it is mailed or otherwise delivered. The Superior Court, in any case brought before it by any registered voter, may issue a temporary or permanent restraining order or injunction against the publication, printing, circulation, posting, or distribution of any matter in violation of this section, and all cases of this nature shall be in a preferred position for purposes of trial and appeal, so as to assure the speedy disposition thereof. § 20009 102 ® California Fair Political Practices Commission Political Advertising Disclaimers I1 ►_ J Under California's Political Reform Act, committees must put "paid for by" disclaimers on campaign advertising, including campaign mailers, radio and television ads, telephone robocalls, and electronic media ads. This brochure discusses disclaimer requirements for committees that purchase advertisements or circulate material supporting or opposing a state or local candidate or ballot measure in California. What is a disclaimer? A "disclaimer" is the portion of a political message that identifies the person or entity who paid for or authorized the communication. "Paid for by committee name' is the basic disclaimer required by the Act on most campaign communications sent by a committee. Who is a committee? A candidate's campaign committee, a political action committee, a political party committee, a major donor, and a person or entity making independent expenditures on candidates or ballot measures in California are all types of committees. A person or entity qualifies as a committee under the Act if they receive contributions from others for political purposes of $2,000 or more per year; if they make independent expenditures on California candidates or ballot measures of $1,000 or more per year; or if they make contributions to California candidates or ballot measures of $10,000 or more per year. When is a disclaimer required on political ads or materials? Political committees must include the following disclaimers: • Mass mailings, including blast campaign emails, must include identification of the sender. • Paid telephone calls must identify the candidate or committee who paid for or authorized the call. • Radio and television ads must include "paid for by" disclaimer under Federal Communications Commission (FCC) law. • Ballot measure ads and independent expenditure ads must include "paid for by committee name" and such ads by primarily formed committees must also list top two donors of $50,000 or more. This applies to television, radio, and electronic media advertisements, robocalls, mass mailings, and print ads such as newspaper ads, billboards and yard signs. adviceC Dfppc.ca.gov 1.866.275.3772 or 916.322.5660 www.fpoc.ca.gov FPPC TAD • 038 - 03.2016 • Page 1 of 5 ® Are the Act's disclaimer rules the same for all committees and all ads? No. Basic disclaimer rules apply to campaign materials disseminated by a candidate for their own election campaign because it is generally clear to the public that the candidate is sending the communication. Stricter disclaimer rules apply to (1) ballot measure advertisements and (2) independent expenditure advertisements on candidates and ballot measures, because it is less clear to the public who is responsible for these ads. What does the disclaimer have to state? The basic disclaimer must state: "Paid for by committee name." Ballot measure and independent expenditure ads paid for by primarily formed committees must also list top two donors of $50,000 or more and special committee name rules apply. All independent expenditure ads for or against a candidate must state: 'This advertisement was not authorized or paid for by a candidate for this office or a committee controlled by a candidate for this office." What is an independent expenditure? An "independent expenditure" is an expenditure made by any person in connection with a communication that expressly advocates the election or defeat of a clearly identified candidate or measure, or taken as a whole and in context, unambiguously urges a particular result in an election but which is not made at the behest of (e.g., in consultation, cooperation or coordination with) the affected candidate or committee. For further clarification see Section 82031 and FPPC ® Regulation 18225.7 Political Advertising Disclaimer Charts Click on these links to charts showing the disclaimer requirements for your communication. Candidates 1. Communications by Candidate Committees for their own Election 2. Independent Expenditure Ads on Candidates Ballot Measures 3. Ballot Measure Ads (by committees primarily formed for a state or local ballot measure) 4. Independent Expenditures Ads on Ballot Measures (by general purpose recipient committees, major donors, and independent expenditure committees) advice(p)fooc.ca.00v 1.866.275.3772 or 916.322.5660 www.fppc.ca.gov PPPC TAD • 036 - 03.2016 • Page 2 of 5 On mass mailings, what does the disclaimer state? A mass mailing -- over 200 substantially similar pieces of mail -- must include on the outside of the envelope: "Paid for by" and the name and address of the candidate or committee sending the mailing. If a mass mailing is paid for by more than one candidate or committee, the name and address of the candidate or committee who is paying the greatest share of the mass mailing (including costs for designing, postage, and printing) must be placed on the outside of each piece of mail. If two or more candidates or committees pay equally for the mailer, the name and address of at least one of the candidates or committees must be shown on the outside, and the names and addresses of all candidates or committees paying for the mailer must appear on at least one insert. Candidate: Paid for by Jones for Mayor 2014 123 Elm Street Elmton, CA 95523 Fred Smith 7200 Oak St Oakville, CA 92253 On emails, what does the disclaimer state? 40 When over 200 substantially similar emails are sent by a political committee, the email must include "Paid for by and the committee name." The committee's street address is not required on mass emails sent by a committee, but may be included. How must the disclaimer appear? Disclaimers on political ads and literature must be clear and conspicuous so as to be understood by the intended public. Written disclaimers must be printed clearly and legibly. Spoken disclaimers must be clearly audible and intelligible. Specific requirements for color contrast, print font size and time appearing on screen are listed in the disclaimer charts. Updating a disclaimer When a committee's name changes because of new top donors or otherwise, advertisement disclaimers must be revised. Television, radio, electronic media, or robocalls must be amended within five calendar days. Print media, mass mailings, or other tangible items must be amended every time an order to reproduce is placed. Advertisements in Languages Other than English Disclaimers on political advertisements should be written or spoken in the same language used in the advertisement. advice 3Qfppc.ca.gov 1.866.275.3772 or 916.322.5660 www.fppc.ca.gov FPPC TAD • 038 - 03.2016 • Page 3 o1`5 Does a disclaimer have to appear on ALL printed materials or campaign items? No. A disclaimer is not required on regular -size campaign buttons, pins, bumper stickers, or magnets. It is not required on pens, pencils, rulers, mugs, potholders, key tags, golf balls and similar small campaign promotional items where a disclaimer cannot be conveniently printed. The disclaimer is not required on t- shirts, caps, hats, and other articles of clothing; skywriting and airplane banners; or committee checks and receipts. Does a disclaimer have to appear on communications from an organization to its members? For political party communications, yes. For communications from other organizations to their members, a disclaimer is not required. Can the FPPC answer my questions about disclaimers on my campaign communications? Yes. The FPPC can assist you with questions about disclaimers on campaign communications. Use the FPPC's advice email - advice(@fr)r)c.ca.gov. In some cases a copy of the ad will be required. Is there a penalty for circulating or publishing literature or other material concerning a candidate or ballot measure without a disclaimer? ® Yes. The penalty for failing to comply with the Act's disclaimer requirements can be a fine of up to $5,000 per violation. In addition, any person who violates the disclaimer requirements concerning ballot measure and independent expenditure advertisements may be liable for a fine of up to three times the cost of the advertisement, including placement costs. �J What is the proper procedure to report violations for circulating or publishing materials without a disclaimer? You may file a written complaint with the Fair Political Practices Commission's Enforcement division. Can the FPPC check the truth or accuracy of the political communication? No. The Act does not regulate the truth or accuracy of the content of political communications, given the broad First Amendment protection for political speech. Must political messages in literature or other material concerning candidates for federal offices include a disclaimer? Federal election law governs disclaimers on election materials for federal candidates. Contact the Federal Election Commission at www.fec.gov or (800) 424 -9530 for information. adviceL@fppc.ca.gov 1.866.275.3772 or 916.322.5660 www.fppc.ca.goy FPPC TAD • 038- 03.2016 • Page 4 of 5 • "Do not call' lists LL_J v Questions or comments regarding "do not call' lists should be addressed to the National Do Not Call Registry, administered by the Federal Trade Commission (FTC) at www.donotcall.gov. The federal Do Not Call Registry is a list of phone numbers of consumers who want to limit the telemarketing calls they receive. The "do not call' provisions do not cover calls from political organizations, charities, telephone surveyors or companies with which a consumer has an existing business relationship. Posting political signs on utility poles and other public property Check local ordinances for rules on posters and yard signs. Local law may restrict or prohibit the placement of campaign signs on government -owned property. This brochure presents a summary of the law. For further legal information, consult the Act and its corresponding regulations and opinions. advice(Vooc.ca.gov 1.866.275.3772 or 916.322.5660 www.fooc.ca.gov FPPC TAD • 038 - 03.2016 • Page 5 of 5 ® ELECTIONS CODE SECTION 18370 -18371 (Electioneering on Election Day) 18370. No person, on election day, or at any time that a voter may be casting a ballot, shall, within 100 feet of a polling place or an elections official's office: (a) Circulate an initiative, referendum, recall, or nomination petition or any other petition. (b) Solicit a vote or speak to a voter on the subject of marking his or her ballot. (c) Place a sign relating to voters' qualifications or speak to a voter on the subject of his or her qualifications except as provided in Section 14240. (d) Do any electioneering. As used in this section, "100 feet of a polling place or an elections official's office" means a distance 100 feet from the room or rooms in which voters are signing the roster and casting ballots. Any person who violates any of the provisions of this section is guilty of a misdemeanor. ® 18371. (a) No candidate or representative of a candidate, and no proponent, opponent, or representative of a proponent or opponent, of an initiative, referendum, or recall measure, or of a charter amendment, shall solicit the vote of a vote by mail voter, or do any electioneering, while in the residence or in the immediate presence of the voter, and during the time he or she knows the vote by mail voter is voting. (b) Any person who knowingly violates this section is guilty of a misdemeanor. (c) This section shall not be construed to conflict with any provision of the federal Voting Rights Act of 1965, as amended, nor to preclude electioneering by mail or telephone or in public places, except as prohibited by Section 18370, or by any other provision of law. 0 ELECTION DAY - POLL WATCHING GUIDELINES The election process is a public affair and anyone who wishes may observe. However, the vote of the individual citizen is secret, and no one may interfere with a voter's right to cast a secret ballot. Members of the precinct boards are swom election officials of the County of Orange and have complete responsibility for conducting all phases of the election in their precinct. Certain standards are expected of observers: • Poll watchers may not interfere in any way with the conduct of the election or with the vote count following the close of the polls. Any person who interferes with the election or with a voter is punishable by imprisonment in the state prison for 16 months or two or three years. § 18502 • The election must be orderly. Do not talk in a loud voice, cause confusion, or congregate inside the polls. Do not ask to use the telephone or other facilities. • The area between the official table and the voting booths is for voters only and may not be used as an observer post. § 14221 • Poll watchers may not sit at the official table or handle any of the official voting equipment, supplies, or ballots. § 14223 • Poll watchers may not wear candidate badges, discuss candidates, how a voter voted, or bring any campaign material into the polling place. This constitutes electioneering and is illegal. Electioneering may not be conducted within 100 feet of a polling place. The term "100 feet of a polling place" means a distance of 100 feet from the room or rooms in which voters are signing the Roster -Index and casting ballots. The blue "POLLING PLACE 100' " signs which are posted outside, indicate the 100 foot boundary for electioneering. Violation of this section is a misdemeanor. § 18370 No one may be within 100 feet of a polling place while wearing a firearm or a peace officer or security guard uniform except: (1) An unarmed uniformed guard or security personnel who is at the polling place to cast his /her vote; (2) A peace officer who is conducting official business in the course of his /her public employment or who is at the polling place to cast his /her vote; (3) A private guard or security personnel hired or arranged for by a city or county elections official; (4) A private guard or security personnel hired or arranged for by the owner or manager of the facility or property in which the polling place is located if the guard or security personnel is not hired or arranged solely for the day on which an election is held. § 18544 • The Precinct Board will attempt to respond to any reasonable, lawful requests from observers. The Registrar of Voters' office has instructed Precinct Officers to ask unruly poll watchers to leave, and to ask for assistance from the local law enforcement agency, if necessary. 103 ® Election Night Results OC Registrar of Voters Website: http : / /www.ocvote.com M Eh Vew F. imis Ikb x Co:gle0_9 s..rn -. n«,» Ca ^ �y %Pnlni- - p�Fevvbs'Sed P7W Mk Fertmrft S7 max+Be�1 4e F.m. Pest cmp�p 4P4m= p1IX4en Fwta WveQeetrle %G rah49ee-`+Mt Qbr-Ekren Va I.—YW 4. 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