Contents
Recall Committees
Q1. What is a recall committee?
A1. A recall committee is an issue committee formed to support or oppose the recall of a public officer.
Note that committees authorized by a candidate are still considered candidate committees.
Q2. When do we have to register a recall committee?
A2. A recall committee must be registered within ten calendar days of accepting or making contributions or expenditures in excess of $5,000 to support or oppose a recall.
Q3. How do I register a recall committee with your office?
A3. You must register a committee online.
Before registering, make sure that you have:
-
A committee name and any acronyms that you will use.
- A registered agent.
- The registered agent's email address and phone number.
- Physical and mailing addresses for the committee's principal place of business.
- A description of your committee's purpose. This information should
be detailed, including candidates, ballot measure numbers, or policy
positions that you will support or oppose.
- Financial information, including the name of the bank where the committee has or will have an account.
To register:
- Go to the TRACER campaign finance disclosure website.
- Click on the "Committee Registration" button.
- Select "Issue Committee", then click on "Next >".
- Fill out the form. When you are finished, click on "Submit".
- Print a copy of the form for your records.
- Click on "Finished" to complete your registration.
- Login information will be sent to the registered agent's email address.
If you need help using TRACER, see Learn to Use TRACER.
Q4. What is a registered agent?
A4. A registered agent is the person to whom
all correspondence about the committee will be addressed. He or she is
also responsible for maintaining committee records and filing reports on
time. The registered agent must be a natural
person.
The registered agent acts as a treasurer,
keeping track of all contributions and expenditures.
In addition to the registered agent, the committee may also
appoint a designated filing agent to be responsible for the timely filing of
Contribution and Expenditure reports.
Q5. Do we have to have a registered agent?
A5. Yes. All committees registered with our office must have a registered agent.
Q6. How do we change our registered agent?
A6. A committee can file an amended registration to change the registered agent.
A registered agent can also resign. To resign, a registered agent
must file a resignation letter with the appropriate filing officer via
certified mail.
There must be a registered agent associated with each committee at all times.
Q7. When do we have to file reports?
A7. Filing calendars for committees participating in a recall election are determined by the date of the election, or by the date that the recall petition is deemed insufficient. The filing officer will prepare and issue the calendar.
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Q8. What do we have to report?
A8. For contributions of $20 or more, the name and address of the contributor must be reported.
For contributions of $100 or more, the contributor’s name, address, employer and
occupation must be reported.
Q9. How do we close our recall committee?
A9. A recall committee can only be closed by filing a termination report
indicating a zero balance. Issue committees may return unexpended
campaign funds to the contributors or donate them to a charitable
organization recognized by the IRS.
Q10. Can an incumbent use his/her existing candidate committee to oppose a recall?
A10. No. An incumbent’s candidate committee can't be used to oppose a recall. An incumbent subject to a recall who wishes to oppose the recall must form a recall issue committee.
Q11. Can a recall committee support or oppose particular candidates to fill a vacancy left by a recall?
A11. No. A recall committee can only be used to address the recall issue; persons supporting or opposing candidates to fill a vacancy left by a successful recall need to form a political committee.
Q12. I formed a recall committee, but I also want to run for the office that will be vacated. Can the recall committe accept contributions to support my candidacy?
A12. No. Any person seeking to be elected to a vacancy who plans to accept contributions must form a candidate committee.
Q13. How long do we
keep our records?
A13. Committees/candidates must keep their records for 180 days following any
general election in which the committee or party received contributions, unless
a complaint is filed; then the records must remain available until the matter
is resolved.
Q14. Do we have to set up a bank account specifically for the committee?
A14. All
contributions received by a committee must be deposited in a financial
institution in a separate account with a title that includes the
committee name.
You can
choose which bank you will use for your committee account. Please
consult your bank and IRS regulations concerning account requirements,
which may vary depending on the institution.
Q15. What statutes and rules apply to recall committees?
A15. The following provisions apply to recall committees:
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