Date: January 1, 2004
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. 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 which merit such criticism.
  2. I SHALL PROVIDE evidence of any claims or assertions made during the campaign, including those pertaining to my record and accomplishments.  I will provide evidence to substantiate any criticisms directed at my opponents.  As a sign of my good faith, I agree to provide the AVCA and VEP with the contents of my campaign material as soon as possible after its publication.  I understand that a committee representing the AVCA and VEP will review such material for the purposes of determining egregious violations of the above.  I understand that I may be asked to change or recount any such offending statements, and that if I am unwilling to do so, that the AVCA will make its opinion publicly known.
  3. 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.
  4. I SHALL NOT USE OR PERMIT any appeal to negative prejudice based on race, sex, religion, national origin, physical health status or age.
  5. I SHALL NOT USE OR PERMIT any dishonest or unethical practice which tends to corrupt or undermine our American system of free elections or which 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.
  6. I SHALL NOT coerce election help or campaign contributions for myself or for any other candidate from my employees.
  7. I SHALL IMMEDIATELY AND PUBLICLY REPUDIATE support deriving from any individual or group which resorts, on behalf of my candidacy or in opposition to that of my opponent, to the use of methods and tactics which I condemn.  I shall accept responsibility to take firm action against any subordinate who violates a provision of this code or the law governing elections.
  8. I SHALL DEFEND AND UPHOLD the right of every qualified American voter to full and equal participation in the electoral process.
  9. I, the undersigned candidate for election to public office in the State of California or treasurer or chairman 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.
Please put your name here
if you agree to comply.______________________________________________________________



DATE: January 1, 2004
Attachment

The committee will review campaign material using the following five criteria:
  1. Statements must be relevant to issues pertaining to District 10 and the city as a whole or to the qualifications of the candidate.
  2. Statements must be factual, substantially accurate, and verifiable.
  3. Conclusions based upon the facts or statements of opinion must be reasonable as judged by a reasonable person;  and opinions, furthermore, must be appropriately identified as such within the same text.
  4. Statements can not be used out of context for the purpose of drawing erroneous or misleading conclusions.
  5. Campaign material must not be demagogic or use inflammatory rhetoric.

If, after weighing these criteria, the committee concludes that there has been a significant violation of the agreement, it will do the following and in this order:

  1. Prepare a letter containing the results of its review with a statement to the effect that this is the opinion of the committee reached after each member had exercised his or her judgment in a reasonable way.
  2. Discuss the results of its review and the content of the letter with each candidate.  Then and,
  3. Simultaneously:
    1. Post the letter on the AVCA and VEP web sites.
    2. Provide a copy of the letter to the Almaden Times, Almaden Resident, and the San Jose Mercury News with the understanding that there is no guarantee that such letter will be published.
    3. Provide a copy of the letter to each candidate.

If the committee is asked to review material in advance of its publication, the committee will use the above criteria.  In the event that there appears, in the opinion of the AVCA and VEP, to be a significant violation of this agreement, the committee will ask the candidate to appropriately change the material before its publication.  By signing the Code, the candidates understand that if appropriate actions are not taken, the AVCA and VEP will make its opinions publicly known in the manner set forth above.