Board denies request to file candidate statement without advance payment

The San Mateo County Board of Education voted 6-0, with one member absent, on Sept. 18 to deny a request from a candidate to file a campaign statement without paying the estimated printing and mailing fee in advance.

Deputy County Attorney Lisa Cho told the board the Elections Office had asked that the board act that evening because of a tight schedule for printing and distributing candidate statements. "The request from the Elections Office was that action be taken by the Board that evening because there is a tight schedule for printing and distributing candidate statements," Cho said. Cho also told the board the Elections Office had not yet received the federal tax documentation the candidate had authorized to be released.

Board Member Ted Lempert made the motion to deny the fee-deferral request; Board Member Susan Alvaro seconded. The motion passed by a vote of six in favor (Alvaro, Bonini, Cannon, Gerard, Lempert, Torres) with one member absent (Camacho). Cho said notices would be sent to the candidate and to the Elections Office after the decision.

Board members asked practical questions about enforcement and prior practice. Alvaro noted there was no documentation such as a W-2 included with the request, and Cannon asked whether the board's approval would simply defer payment rather than waive the fee. Cho said the board's approval would defer the payment and that the Elections Office would have avenues to collect fees if the candidate ultimately did not pay; she said she was unsure of the Elections Office's enforcement mechanism. The candidate, the Elections Office, and any follow-up enforcement were identified as the responsible parties; the board will not be required to cover the cost unless the Elections Office pursues collection and a prior case precedent applies.