(a) STATEMENT OF PARTICIPATION OR NON-PARTICIPATION. Each candidate for the Board of Supervisors or Mayor must sign and file a Statement of Participation or Non-Participation in the public financing program. The statement must be filed by the candidate with the Ethics Commission no later than the third day following the deadline for filing nomination papers. On the statement, each candidate shall indicate whether the candidate intends to participate in the public financing program. A statement of participation or non-participation may not be amended after the deadline set forth in the subsection (a).
If any deadline imposed by this subsection (a) falls on a Saturday, Sunday, or legal holiday, the deadline shall be the next business day.
(b) DECLARATION BY CANDIDATE. To become eligible to receive public financing of campaign expenses under this Chapter 1, a candidate shall declare, under penalty of perjury, that the candidate satisfies the requirements specified in Section 1.140. Candidates shall be permitted to submit the declaration and any supporting material required by the Ethics Commission to the Ethics Commission no earlier than nine months before the date of the election, but no later than the 70th day before the election. Once the declaration and supporting material are submitted, they may not be amended. The declaration and supporting material may be withdrawn and refiled, provided that the refiling is made no later than the 70th day before the election.
If any deadline imposed by this subsection (b) falls on a Saturday, Sunday, or legal holiday, the deadline shall be the next business day.
(c) DETERMINATION OF ELIGIBILITY. The Executive Director of the Ethics Commission shall review the candidate’s declaration and supporting material to determine whether the candidate is eligible to receive public funds under this Chapter 1. The Executive Director may audit the candidate’s records, interview contributors, and take whatever steps the Executive Director deems necessary to determine eligibility. At the request of the Executive Director, the Controller shall assist in this review process.
(d) DETERMINATION OF OPPOSITION. To determine whether a candidate for the Board of Supervisors is opposed as required under Section 1.140(b)(3) of this Chapter or a candidate for Mayor is opposed as required under Section 1.140(c)(3) of this Chapter 1, the Executive Director shall review the material filed pursuant to Section 1.152 of this Chapter, and may review any other material.
(e) CERTIFICATION. If the Executive Director determines that a candidate for Mayor or the Board of Supervisors has satisfied the requirements of Section 1.140, the Executive Director shall notify the candidate and certify to the Controller that the candidate is eligible to receive public financing under this Chapter 1. The Executive Director shall not certify that a candidate is eligible to receive public financing if the candidate’s declaration or supporting material is incomplete or otherwise inadequate to establish eligibility. The Executive Director shall determine whether to certify a candidate no later than 30 days after the date the candidate submits his or her declaration and supporting material, provided that the Executive Director shall make all determinations regarding whether to certify a candidate no later than the 55th day before the election.
(f) RESUBMISSION. If the Executive Director declines to certify that a candidate is eligible to receive public financing under this Chapter 1, the Executive Director shall notify the candidate. Notwithstanding Section 1.142(b) of this Chapter, the candidate may, within five business days of the date of notification, resubmit the declaration and supporting material. If the candidate does not timely resubmit, the Executive Director's determination is final.
If, after viewing resubmitted material, the Executive Director declines to certify that a candidate is eligible to receive public financing under this Chapter, the Executive Director shall notify the candidate of this fact. Additional resubmissions may be permitted in the Executive Director's discretion. If the candidate fails to resubmit in the time specified by the Executive Director, or if no further resubmissions are permitted, the Executive Director's determination is final.
(g) APPEAL TO THE ETHICS COMMISSION. If the Executive Director declines to certify that a candidate is eligible to receive public financing under this Chapter 1, the candidate may appeal the Executive Director's final determination to the Ethics Commission. The candidate must deliver the written appeal to the Ethics Commission within five days of the date of notification of the Executive Director's determination.
(Added by Proposition O, 11/7/2000; amended by Ord. 141-03, File No. 030034, App. 6/27/2003; Ord. 31-06, File No. 051773, App. 2/23/2006; Ord. 268-07, File No. 071003, App. 11/26/2007; Ord. 234-09, File. No. 090989, App. 11/20/2009; Ord. 44-12
, File No. 111277, App. 3/13/2012, Eff. 4/12/2012; Ord. 129-18, File No. 180280, App. 5/30/2018, Eff. 6/30/2018, Oper. 6/30/2018; Ord. 83-19, File No. 190287, App. 5/10/2019, Eff. 6/10/2019)