Title 12 — ETHICS AND OPEN GOVERNMENT PROVISIONS
Part 9 — CAMPAIGN DISCLOSURE
San Jose Municipal Code · 2026-09 edition · updated 2026-09-29 · San Jose
12.06.910 - Statements and reporting requirements.¶
A.
Each candidate and candidate controlled committee receiving contributions or making expenditures in a City election must file with the City Clerk campaign disclosure statements in the form and at the times required by Chapter 12.06 and the Political Reform Act. The campaign disclosure statements may be completed on forms required to be filed by the regulations of the Fair Political Practices Commission so long as such forms are completed in sufficient detail to comply with the requirements of this Chapter.
B.
Each candidate must file with the City Clerk, at the time nomination papers are filed pursuant to Section 12.05.060, a declaration by the candidate or treasurer of the candidate controlled committee that the candidate or candidate controlled committee has not accepted nor solicited, and will not accept nor solicit any campaign contribution in violation of the requirements and limitations of this Chapter.
C.
When listing contributions, each candidate and candidate controlled committee receiving contributions or making expenditures in a City election must itemize all contributions accepted during the campaign contribution collection periods specified in this Chapter, including all amounts less than one hundred dollars ($100.00).
D.
Each independent committee that makes independent expenditures in a City election must file with the City Clerk campaign disclosure statements in the form and at the times required by the Political Reform Act. When listing contributions or expenditures on the form required by the Political Reform Act, each independent committee must itemize all contributions accepted and expenditures made during the campaign contribution collection periods specified in this Chapter, including all amounts less than one hundred dollars ($100.00).
E.
The first and second semi-annual campaign statements must be filed at the times prescribed for semi- annual statements by the Political Reform Act as well as any other times prescribed in Chapter 12.06, for candidates, candidate controlled committees and independent committees for whom the City Clerk is the regular filing official.
F.
The first and second pre-election campaign statements must be filed at the times prescribed for pre- election statements by the Political Reform Act as well as any other times prescribed in Chapter 12.06, for candidates, candidate controlled committees and independent committees for whom the City Clerk is the regular filing official.
G.
Each candidate and candidate controlled committee must file a third campaign statement by noon on the day before the election. The third pre-election statement shall cover the period commencing after the closing date of the second pre-election campaign statement required in Subsection E above through 11:59 p.m. on the day before the third campaign statement is due.
H.
If any candidate, candidate controlled committee or independent committee for whom the City Clerk is the regular filing official files a campaign disclosure statement after any deadline imposed by this Chapter, the City Clerk shall fine the delinquent filer ten dollars ($10.00) per day, starting the day after the filing deadline, until the statement is filed; however, no liability may exceed the cumulative amount of reported contributions or expenditures, or one hundred dollars ($100.00), whichever is greater. The City Clerk may reduce or waive the fine if he or she determines that the late filing was not willful and that enforcement will not further the purposes of this Chapter.
I.
The City Clerk has the authority to require the candidate, candidate controlled committee or independent committee for whom the City Clerk is the regular filing official to file an amendment to a filing. The filer shall submit the required amendment to a filing within thirty (30) calendar days of notification. Should the filer not comply with this timeline, the City Clerk shall fine the delinquent filer ten dollars ($10.00) per day, starting the day after the filing deadline, until the amendment is filed; however, no liability may exceed the cumulative amount of reported contributions or expenditures, or one hundred dollars ($100.00), whichever
is greater. The City Clerk may reduce or waive the fine if he or she determines that the late filing was not willful and that enforcement will not further the purpose of this Chapter.
(Ords. 24499, 24577, 24733, 25257, 26440, 28624, 28861, 29310, 29642, 29793, 30019, 30768.)
12.06.915 - Electronic campaign disclosure.¶
A.
Each candidate, candidate controlled committee and independent committee for whom the city clerk is the regular filing official that is required to file campaign disclosure statements by Chapter 12.06 or the Political Reform Act, shall file the statement in an electronic format with the city clerk, provided the city clerk has prescribed the format at least sixty days before the statement is due to be filed.
B.
Once a candidate or committee is subject to the electronic filing requirements imposed by this section, the candidate or committee will remain subject to the electronic filing requirements until the candidate or committee files a termination statement pursuant to Chapter 12.06 and the Political Reform Act.
(Ords. 28678, 29310, 29363, 29642, 30768.)
12.06.920 - Reserved.¶
Editor's note— Ord. 30019, § 2, adopted Oct. 31, 2017, repealed § 12.06.920, which pertained to duties of the city clerk and derived from Ords. 24499, 24577, 25257, 26440, 28624, 28861, 28985, 29642, and 29772.
12.06.930 - Disclosure of post-election payment agreements.¶
A.
A candidate or his or her controlled committee must disclose, on a form provided by the City Clerk, any campaign-related agreements entered into by the candidate or controlled committee which provide for post-election payments. Such agreements include, but are not limited to, contingency payment or "bonus" payment plans offered by campaign consultants and agreements with persons who will receive compensation after the election for campaign services performed prior to the election.
B.
A post-election payment agreement must be reported on or before the filing date of the next campaign disclosure statement which must be filed after the agreement is entered into.
(Ords. 24499, 24577, 25257, 26440, 29642, 30687, 30768.)
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