FPPC Form 496 (Feb/2019)
FPPC Advice: advice@fppc.ca.gov (866/275-3772)
www.fppc.ca.gov
496 24-hour/10-day Independent Expenditure Report
Instructions
CALIFORNIA
FORM
496
What is an “independent expenditure”?
An “independent expenditure” is an expenditure made
in connecon with a communicaon (e.g., a billboard,
adversement, or mailing) that expressly advocates
the elecon or defeat of a clearly idened candidate
or the qualicaon, passage, or defeat of a clearly
idened measure.
1
An independent expenditure is a
payment that is not made to—or at the behest of—the
aected candidate or commiee.
Independent Expenditures in Connecon with State
Elecons – When and Where to File a Form 496
When: A Form 496 is due within 24 hours when:
• Independent expenditures that total in the
aggregate $1,000 or more are made to support or
oppose a single state candidate or a single state
ballot measure in the 90 days before or on the
date of the candidate’s or measure’s elecon.
A Form 496 is due within 10 business days when:
• A recipient commiee that is required to le
electronically with the Secretary of State makes
independent expenditures totaling $5,000 or
more to support or oppose the qualicaon or
passage of a single state ballot measure outside
the 90-day elecon cycle.
Where: File Form 496 electronically with the Secretary
of State. No paper copies are required and no copies
are required to be led with other ling ocers.
A commiee that makes independent expenditures in
connecon with a CalPERS or CalSTRS elecon must
also le a copy with the relevant board’s oce.
Independent Expenditures in Connecon with Local
Elecons – When and Where to File a Form 496
When: A Form 496 is due within 24 hours when:
• Independent expenditures that total in the
aggregate $1,000 or more are made to support or
oppose a single local candidate or a single local
ballot measure in the 90 days before or on the
date of the candidate’s or measure’s elecon.
A Form 496 is due within 10 business days when:
• A recipient commiee makes independent
expenditures totaling $5,000 or more to support
or oppose the qualicaon of a single local ballot
measure.
Where: File Form 496 by fax, guaranteed overnight
delivery, personal delivery or email with the ling
ocer(s) who would receive your campaign statements
if you were a commiee primarily formed to support
or oppose the candidate or ballot measure supported
or opposed by the independent expenditure. In most
cases this is the ling ocer with whom the candidate
or ballot measure commiee les. Regular mail may
not be used. A local ordinance may also require this
form to be led electronically.
Other Important Informaon
• Candidates: Form 496 is not required for
expenditures supporng your elecon that
are made from your commiee, including
expenditures opposing an opponent.
• Ballot Measure Commiees: A primarily formed
ballot measure commiee does not le Form 496
for expenditures made in support of its campaign.
• All independent expenditures reported on
Form 496 must also be reported on subsequent
campaign reports (i.e., Forms 460, 450 or 461).
• Form 462 - Vericaon of Independent
Expenditures is also required to be led when
an independent expenditure that totals in the
aggregate $1,000 or more is made. The principal
ocer, or in the case of a controlled commiee,
the candidate or state measure proponent who
controls the commiee, must verify that he/
she has not received any unreported money
or reimbursement to make the independent
expenditures and has not coordinated with the
candidate or the opponent of the candidate
or the proponent or the opponent of the state
measure that is the subject of the expenditure.
Form 462 must be led with the Fair Polical
Pracces Commission.
• CalPERS and CalSTRS Candidates: The date of the
elecon is the deadline to return ballots.
Reporng Examples
• A state general purpose commiee makes
an independent expenditure by paying for
an adversement opposing two city council
candidates. The ad costs $4,000 and features
the candidates equally. The commiee must le
a separate Form 496 with the city clerk’s oce
for each candidate within 24 hours and disclose
$2,000 for each candidate.
• A commiee makes a $500 independent
expenditure to support a candidate 60 days
before the candidate’s elecon and a second
independent expenditure for the same candidate
of $600, 20 days before the elecon. A Form
496 is required 24 hours aer the second
independent expenditure.
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A measure includes certain LAFCO proceedings.