Section § 20440

Explanation

This law outlines the process and content related to the 'Code of Fair Campaign Practices' for candidates running for public office in California. When someone decides to run for public office, they are given a blank form of the code along with a copy of the chapter by the elections official. It's made clear that agreeing to this code is voluntary for the candidate.

For committees making independent expenditures, the Secretary of State provides the code to those filing an initial campaign statement. The code embodies principles like honesty, avoiding defamation, and rejecting discrimination or unethical tactics in campaigns. Candidates are expected to run their campaigns ethically, denounce support from groups employing underhanded methods, and ensure equal voter participation in elections. Subscribing to this code means the candidate pledges to adhere to these principles during their campaign.

At the time an individual is issued his or her declaration of candidacy, nomination papers, or any other paper evidencing an intention to be a candidate for public office, the elections official shall give the individual a blank form of the code and a copy of this chapter. The elections official shall inform each candidate for public office that subscription to the code is voluntary.
In the case of a committee making an independent expenditure, as defined in Section 82031 of the Government Code, the Secretary of State shall provide a blank form and a copy of this chapter to the individual filing, in accordance with Title 9 (commencing with Section 81000) of the Government Code, an initial campaign statement on behalf of the committee.
The text of the code shall read, as follows:
“CODE OF FAIR CAMPAIGN PRACTICES
There are basic principles of decency, honesty, and fair play which every candidate for public office in the State of California has a moral obligation to observe and uphold in order that, after vigorously contested but fairly conducted campaigns, our citizens may exercise their constitutional right to a free and untrammeled choice and the will of the people may be fully and clearly expressed on the issues.
THEREFORE:
(1)CA Elections Code § 20440(1) I SHALL CONDUCT my campaign openly and publicly, discussing the issues as I see them, presenting my record and policies with sincerity and frankness, and criticizing without fear or favor the record and policies of my opponents or political parties that merit this criticism.
(2)CA Elections Code § 20440(2) I SHALL NOT USE OR PERMIT the use of character defamation, whispering campaigns, libel, slander, or scurrilous attacks on any candidate or his or her personal or family life.
(3)CA Elections Code § 20440(3) I SHALL NOT USE OR PERMIT any appeal to negative prejudice based on a candidate’s actual or perceived race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age, sexual orientation, sex, including gender identity, or any other characteristic set forth in Section 12940 of the Government Code, or association with another person who has any of the actual or perceived characteristics set forth in Section 12940 of the Government Code.
(4)CA Elections Code § 20440(4) I SHALL NOT USE OR PERMIT any dishonest or unethical practice that tends to corrupt or undermine our American system of free elections, or that hampers or prevents the full and free expression of the will of the voters including acts intended to hinder or prevent any eligible person from registering to vote, enrolling to vote, or voting.
(5)CA Elections Code § 20440(5) I SHALL NOT coerce election help or campaign contributions for myself or for any other candidate from my employees.
(6)CA Elections Code § 20440(6) I SHALL IMMEDIATELY AND PUBLICLY REPUDIATE support deriving from any individual or group that resorts, on behalf of my candidacy or in opposition to that of my opponent, to the methods and tactics that I condemn. I shall accept responsibility to take firm action against any subordinate who violates any provision of this code or the laws governing elections.
(7)CA Elections Code § 20440(7) I SHALL DEFEND AND UPHOLD the right of every qualified American voter to full and equal participation in the electoral process.
I, the undersigned, candidate for election to public office in the State of California or treasurer or chairperson of a committee making any independent expenditures, hereby voluntarily endorse, subscribe to, and solemnly pledge myself to conduct my campaign in accordance with the above principles and practices.”

Section § 20441

Explanation

This law requires the Secretary of State to print blank forms for elections and provide them to elections officials whenever they need them.

The Secretary of State shall print, or cause to be printed, blank forms of the code. The Secretary of State shall supply the forms to the elections officials in quantities and at times requested by the elections officials.

Section § 20442

Explanation

This law states that election officials must accept all completed forms from candidates running for public office before the election. The officials are also required to keep these forms available for public viewing until 30 days after the election.

The elections official shall accept, at all times prior to the election, all completed forms that are properly subscribed to by a candidate for public office and shall retain them for public inspection until 30 days after the election.

Section § 20443

Explanation

If a candidate running for public office signs any codes or pledges, these documents are public records. This means that anyone can look at them.

Every code subscribed to by a candidate for public office pursuant to this chapter is a public record open for public inspection.

Section § 20444

Explanation

This law states that a person running for public office cannot be forced to agree with or support any code.

In no event shall a candidate for public office be required to subscribe to or endorse the code.