Campaign Info: BERA: Fact Sheet

BERKELEY ELECTION REFORM ACT (BERA) FACT SHEET
Differences Between Local and State Law Reporting Requirements

(Fact Sheet in PDF, 11 KB)
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Berkeley’s campaign disclosure requirements under the BERA differ from State law requirements.  As a campaign filer you are responsible for knowing the differences between the BERA and State law requirements and filing the proper reports.  While Berkeley uses the state’s campaign disclosure forms, local campaign filers must comply with the BERA’s disclosure requirements.  Campaign filers should always consult the definitions and requirements provided in the BERA, the Fair Campaign Practices Commission (FCPC) Campaign Filing Manual (PDF), and the FCPC Regulations (PDF) when completing the state forms to ensure full compliance with local law.  The following are highlights of local reporting requirements.  It is only an overview and should not be relied upon in lieu of the above-mentioned resources.  Please refer to Appendix  A of the Campaign Filing Manual for a detailed discussion of the differences between the BERA and state law disclosure requirements. 

Form 410 and City of Berkeley Statement of Organization

Although state law defines a recipient committee as any individual, group of individuals, organization or other entity that receives or spends $1,000 or more during a calendar year for purposes of filing a Form 410 Statement of Organization, Berkeley law defines a recipient committee as an individual, group of individuals, organization or other entity that receives or spends $250 or more in a calendar year.  (Berkeley Municipal Code (BMC) § 2.12.095.) 

 

In Berkeley, every committee must file a Form 410 and City of Berkeley Statement of Organization with the City Clerk's Office within 10 days of the date of formation to comply with the BERA.  (See BMC § 2.12.255.)  The Form 410 need not be filed with the Secretary of State unless and until a committee spends or receives $1,000.  An amendment to the Form 410 and/or City of Berkeley Statement of Organization must be filed within 10 days of the date of a change.  (BMC § 2.12.265.)

Form 450: Recipient Committee Campaign Disclosure Statement – Short Form

Under state law, committees, not controlled by candidates, that have not received $100 or more from a single source during the period covered by the statement, and have no unpaid bills, outstanding loans or unpaid pledges may file a Form 450.  In Berkeley, committees that have not received $50 or more from a single source during the period covered by the statement, and have no unpaid bills, outstanding loans or unpaid pledges may file a Form 450.

 

Although state law requires contributions or expenditures of $100 or more to be itemized in Form 450's  Berkeley requires expenditures of $50 or more to be itemized. 

Form 460: Recipient Committee Campaign Statement

Under state law, candidates, officeholders, ballot measure committees, primarily-formed and general purpose committees that spend or receive $1000 or more in a calendar year must file a Form 460.  In Berkeley, candidates, officeholders, ballot measure committees, and independent committees that spend or receive $250 or more in a calendar year must file a Form 460.

 

Under state law, contributions of money and non-monetary contributions; loans received, repaid, loans made and loan guarantors; non-monetary contributions, expenditures supporting or opposing other candidates, measures and committees; payments made and expenses accrued; payments made by an agent or independent contractor; accrued expenses, loans made, and miscellaneous increases of cash in the amount of $100 or more must be both itemized and reported in the aggregate on the appropriate Schedules and summarized on the Summary Page.

However, in Berkeley, this information must be itemized at a $50 or more threshold and must be reported on the proper schedule and summarized on the Summary Page.  Filers must also include the principal place of business (i.e., city) for all self-employed donors who contribute $50 or more.

Form 465: Supplemental Independent Expenditure Report

Under state law, the Form 465 is used for reporting of independent expenditures of $1,000 or more in a calendar year to support or oppose a single candidate, a single measure, or the qualification of a single measure.  In Berkeley, the Form 465 is used to report independent expenditures of $250 or more to ballot measure committees and expenditures of $50 or more are required to be itemized.

Form 470: Officeholder and Candidate Campaign Statement – Short Form

Under state law, the Form 470 is for use by candidates/officeholders who do not anticipate spending or receiving $1,000 or more during a calendar year.  However, in Berkeley, the Form 470 is for use by candidates/officeholders who do not anticipate spending or receiving $250 or more in a calendar year. 

Form 496: Late Independent Expenditure Report

Under state law, a Form 496 must be filed within 24 hours of making an independent expenditure totaling $1,000 or more to support or oppose a single candidate or single ballot measure during the 16 days immediately prior to the election.  However, in Berkeley, this form must be filed within 24 hours of any expenditure of $100 or more made during the 16 days immediately prior to the election.

Form 497: Late Contribution Report

Under state law, a Form 497 must be filed within 24 hours of receiving a late contribution of $1,000 or more from a single source during the 16 days immediately prior to the election.  However, in Berkeley, a Form 497 or other late contribution report must be filed by a candidate or committee within 48 hours of receiving any contribution of $100 or more but less than $1,000; and a late contribution of $1,000 or more (e.g., to a ballot measure committee) must be reported within 24 hours of receipt.  (BMC § 2.12.295.)

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