CDP-MOE-MOU
  • California Democratic Party Memorandum of Understanding for the Mobilize, Organize, Elect (MOE) System Redistributable Version

    This Agreement is made as of the 1st day of January (of the "effective year")

  • Riverside County Democratic Party (DCC) and the (Name of Democratic County Central Committee)

  • Purpose of This Agreement The purpose of this Agreement is to clarify the rights, duties, and obligations of both the DCC and the Organization in relation to managing and using a licensed version of the Political Data Inc. (PDI) online software application known as the MOE System.

    CDP has purchased a license from PDI for the current calendar year to assist with its applicable races, and the CDP has not incurred any additional costs as a result of making the subscription available to the county committees. As a result, CDP is providing DCC access to the MOE System for no charge, and is not treating any portion of its subscription as an in-kind contribution to the DCC. Some optional services such as predictive dialing phone services, voter file email distribution, donation processing, and financial compliance reporting software may require fees. These services are not part of the standard MOE System.

    The Term of this Agreement shall commence on the Effective Date and shall terminate on the earliest to occur of the following: December 31, or the date on which the agreement is otherwise terminated as provided herein.

    CDP retains the right to suspend performance under, or terminate, this Agreement for the breach of any provision of the Agreement. In the sole judgment of the CDP, in the case of a serious breach, particularly related to questions of permissible use or data security, CDP may immediately suspend access to the MOE System without prior notice. If, in the sole judgment of the CDP, immediate suspension is not necessary, CDP will notify the affected users via email about the proposed termination. In all cases of suspension or proposed termination, the user will have the opportunity to explain and, if necessary, fully cure the breach. At the sole discretion of the CDP, suspended or terminated users may be reinstated if the breach is fully cured to the satisfaction of the CDP. Failure to respond to email notification of suspension or possible termination will result in termination after five (5) business days.

    System Description The MOE is a full-featured web-based application. Using MOE requires no installation or computer networking and can be accessed from anywhere in the world by multiple users at the same time. It can be used with all major internet browsers and operating systems. The MOE System is available 365 days a year with the primary objective of providing comprehensive resources to DCCs and their chartered Democratic organizations to assist them in engaging registered voters.

  • California Democratic Party Memorandum of Understanding for the Mobilize, Organize, Elect (MOE) System - Page 1 The MOE System is provided by the CDP to the DCCs for the exclusive purpose of Democratic Party building activities such as membership outreach, voter registration, voter education and engagement, volunteer recruitment, and effective campaigning on behalf of Democratic Party endorsed candidates and endorsed ballot issues. The system contains Voter IDs from previous outreach efforts and intends to identify more voters in future outreach.

    account's owner organization, For Example, mail files may only be generated when the organization licensed to use the MOE System is directly paying for the design, printing, and postage for the mailer. The MOE System may not be used for generating voter data products that would be distributed as an in kind contribution.

    The MOE System provides, though not limited to, the following functionality: Voter Lookup Voter Targeting Voter Identification / Data Entry

    Production of Walk / Phone Lists

    Production of Electronic Files for Phoning, Mail, and Door Hangers

    Mapping Module Data Analytics with Count Reports and Data Visualization New Registrant Database Non-Voter Contact Management Volunteer / Event / Calendar Management

    Webform Creation and Management Mobile Canvassing

    Friend to Friend Communications

    Comprehensive Online Product Support

    Voter Data File Updates The MOE System includes enhanced voter data that is updated frequently. Voter file updates are processed without the requirement of user requests, permission, or prior notification. File dates are posted on the program's home page. The update frequency may be based on one or more of the following factors: county size, voter population, data availability, file cost, file status (undergoing changes such as purges, high activity, pending vote history, or redistricting. Prior to a statewide election cycle, most counties will receive a voter file update 60, 30, and 15 days prior the Election Day.

    Vote-by-Mail (VBM) Information There are two types of data related to mail ballot voting that may be automatically updated prior to an

  • election. The first piece of data is the identification of voters who are scheduled to receive a mail ballot along with the date in which their VBM status was processed by the local Registrar of Voters. The second is the identification of voters who have already returned their mail ballot. For statewide and large regional election cycles, this information will be posted automatically. The frequency of mail ballot status updates is based primarily on availability from each individual county Registrar of Voters.

    DCC Access to the MOE System and Redistribution of the MOE System California Democratic Party Memorandum of Understanding for the Mobilize, Organize, Elect (MOE) System - Page 2 The MOE System is available to DCCs within their county geography, in accordance with their DCC Bylaws. The MOE System may be redistributed by DCCs to charted Democratic organizations within their county geography. Access to the MOE System is provided at the discretion of the California Democratic Party and/or DCCs. Democratic organizations using the MOE System must adhere to the fundamental principles and values of the Democratic Party. Every Democratic organization requesting access to the MOE System must provide a signed Memorandum of Understanding prior to receiving access to the System. Initial execution of the MOU will include acknowledgement of the Terms and Conditions signed by both the top elected officer of the organization and the appointed MOE Administrator. The distribution of MOE System accounts must be processed in accordance with the current Memorandum of Understanding documents.

    DCC and the CDP will sign the MOU (Redistributable Version) provided by the CDP prior to receiving access to the MOE System from the CDP. This process will be renewed annually. DCC and the chartered Democratic organization chartered by the DCC will sign the MOE MOU (Standard Version) provided by the CDP prior to granting access of the MOE System to said organization. This process will be renewed annually. DCC will designate one individual as their County MOE Administrator. DCC will provide full disclosure of all individual users with access to the MOE System to the CDP upon request within two business days. DCC will enforce all conditions set forth in this and any other agreement associated with the MOE System. DCC will prevent the copying or use of the MOE System except as expressly permitted by this Agreement. DCC will not relicense, sublicense, rent or lease the MOE System except as expressly permitted by this Agreement. DCC will not, and will not permit any third party to, reverse engineer, disassemble or decompile the MOE System.

    Requirements of a MOE Administrator

    o Some familiarity with databases, voter files, and/or political field operations. Be at least an associate member of the DCC.

    Be familiar with the terms and conditions of the MOU.

    Be available for periodic trainings - as the MOE Administrator is responsible for the training of all users within their organization. Have sufficient time throughout the year, and particularly during election cycles, to provide requested information to chartered organizations and users.

  • Redistribution of MOE System to Chartered Organizations

    California Democratic Party Memorandum of Understanding for the Mobilize, Organize, Elect (MOE) System - Page 3 The CDP may distribute access to the MOE to any qualified Democratic organization in California but may yield primary responsibility for distributing access to the chartering authority (i.e. County Democratic Central Committees), in accordance with their Bylaws. The CDP is the only entity authorized to permit an organization to redistribute access to the MOE to additional organizations. Accordingly, the CDP permits DCCs with MOE System access to redistribute MOE System to the chartered Democratic organizations of the respective DCCs. In granting MOE System access, the CDP has separate Memorandums of Understanding based on whether an organization has permission to redistribute access to the MOE System to other qualified organizations. This version is referred to as the Memorandum of Understanding (Redistribution Version) and must be approved by the CDP prior to receiving access to the organizations account and creating additional organization accounts.

    Every Democratic organization requesting access to the MOE System must provide a signed Memorandum of Understanding (Standard Version) to the authority granting said access prior to receiving access to the System. Accordingly, any DCC engaging in redistribution of MOE System access must provide a Memorandum of Understanding (Standard Version) to any of the DCC's chartered Democratic organizations requesting MOE System access; the DCC must receive a signed Memorandum of Understanding from said chartered Democratic organization prior to granting MOE System access to the chartered Democratic organization. Initial execution of the MOU will include acknowledgement of the Terms and Conditions signed by both the top elected officer and the appointed MOE Administrator of the Democratic organization requesting MOE System

    The distribution and redistribution of MOE System accounts must be processed in accordance with the current Memorandum of Understanding documents. A DCC may distribute MOE System access to chartered Democratic organizations covering overlapping geography. The DCC is responsible for managing any guidelines or restrictions required of the chartered organization receiving access. Decisions to reduce or rescind access to the MOE can be made by the CDP Political Director, the CDP MOE Administrator, or the DCC MOE Administrator.

    Chartering authorities may also be partially responsible for legal costs and penalties associated with misuse of the MOE System and/or voter data by their chartered organizations.

    Disclosure of Political Activity Required for MOE access higher than Voter Lookup Any person receiving MOE access must first disclose political activity in the following scenarios: Candidacy in any active political race,

  • Being employed or otherwise retained by a candidate, union or issue-based campaign/organization Paid (political) consultant, Volunteer for, in excess of 10 hours per week, for a candidate or on an issue campaign, or An elected official or person employed by an elected official

    In the case of a DCC requesting MOE System access from the CDP, the DCC MOE user(s) must submit the disclosure form (Addendum A to this agreement) for approval by the CDP Political Director. In the case of a chartered Democratic organization of a DCC requesting MOE System access from the DCC, the user(s) must submit the disclosure form (Addendum A to this agreement) for approval by the County Chairs and County MOE Administrator(s

    Any change in status relative to the above points during the course of using the MOE System must be disclosed as soon as is reasonably possible. Upon receipt of any Addendum A, a written determination of allowable user access will be provided by the CDP - before access is granted.

    California Democratic Party Memorandum of Understanding for the Mobilize, Organize, Elect (MOE) System - Page 4 Permissible Use

    The MOE System contains personal information for individuals registered to vote in the State of California. Working with the MOE System must be done with the utmost consideration and respect for voter privacy. State law limits use of the voter file to activities associated with electoral politics and political party building. State and Federal laws also limit and regulate the sharing of information and other resources between groups, candidates and other entities. Please carefully review this section for a full understanding of the permissible use of voter data and the MOE System.

    The MOE System must be used for the permissible uses set forth in this Agreement. The MOE System must be also be used in accordance with California State Law pertaining to receipt and viewing of confidential voter registration information, and the PDI License Agreement and Terms of Use entered into by CDP and PDI (the "PDI License Agreement and Terms of Use"

    Access to the MOE System is only available to the CDP, Democratic County Central Committees, officially chartered and/or recognized Democratic Party organizations, CDP vendors approved by PDI and volunteers authorized by the CDP. Authorized users may generate printed lists and/or electronic files to be used in accordance with the purposes stated in this Agreement. Electronic mail and phone files can be generated without limitation as long as they are used and distributed with funds from the same authorized organization the 2025 MOE System user is affiliated with. Printed lists and labels can be generated without limitation when used by the same authorized organization the MOE System user is affiliated with.

    19003. Permissible Uses. Permissible uses of information obtained from a source agency shall include, but shall not be limited to, the following: (a) Using registration information for purposes of communicating with voters in connection with any election. (b) Sending communications, including but not limited to, mailings which campaign for or against any candidate or ballot measure in any election. (c) Sending communications, including but not limited to, mailings by or in behalf of any political party; provided however, that the content of such communications shall be devoted to news and opinions of candidates, elections, political party developments and related matters. (d) Sending communications, including but not limited to, mailings, incidental to the circulation or support of, or opposition to any recall, initiative, or referendum petition. (e) Sending of newsletters or bulletins by any elected public official, political party or candidate for public office. (f) Conducting any survey of voters in connection with any election campaign. (g) Conducting any survey of opinions of voters by any government agency, political party, elected official or political candidate for election or governmental purposes. (h)

  • Conducting an audit of voter registration lists for the purpose of detecting voter registration fraud. (i) Soliciting contributions or services as part of any election campaign on behalf of any candidate for public office or any political party or in support of or opposition to any ballot measure. (j) Any official use by any local, state, or federal governmental agency.

    Impermissible Use Access to the MOE System may not be provided to a candidate or campaign committee, or their agents. Materials produced in the MOE System may not be provided to a candidate or campaign committee, or their agents. This includes, but is not limited to printed and electronic materials, such as printed walk and phone lists, printed labels, electronic walk and phone lists, electronic mail and email lists. Organizations seeking access to the MOE System who do not qualify under the terms of this agreement must enter into separate agreements directly with PDI. Mail files may not be generated unless the mailing is paid for by the organization with authorized access to the MOE System. Voter Information may not be sold, bartered, or traded under any circumstance. An Individual with permissible access to the  MOE System who is running or planning to run for elected office and/or who generates personal income as a political consultant may not use the MOE System in any capacity that may appear to serve the individual's non-party interests. California Democratic Party Memorandum of Understanding for the Mobilize, Organize, Elect (MOE) System - Page 5 In addition, DCC shall not use any information from the MOE System in violation of State law. Specifically, Elections Code section 19004 states:

    19004. Impermissible Uses. The following uses of registration information obtained from a source agency shall be deemed other than for election and governmental purposes: (a) Any communication or other use solely or partially for commercial purpose. (b) Solicitation of contributions or services for any purpose other than on behalf of a candidate or political party or in support of or opposition to a ballot measure. (c) Conducting any survey of opinions of voters other than those permitted by section 19003 (f) and (g

    Penalties for Improper Use Failure to abide by the terms and conditions of this agreement may result in the immediate termination of this Agreement and forfeiture of proprietary data. Additionally, California State Law states the following:

    19007. Penalties Every person, who directly or indirectly obtains registration information from a source agency, shall be liable to the State of California, as a penalty for any use of said registration information which is not authorized by section 607 of the Elections Code and the regulations promulgated pursuant thereto, for an amount equal to the sum of $.50 multiplied by the number of registration records which such person used in an unauthorized manner. Unauthorized use by any applicant of any portion of the information obtained pursuant to this Chapter shall raise a presumption that all such information obtained by such application was so misused. Illustration: X Data Corp. obtains registration information from a source agency and uses this information to address a commercial mailing to 10,000 voters. Under this provision of this section, X Data Corp. is obligated to pay the State of California the sum of $5000.00, which constitutes the sum of $.50 multiplied by 10,000, the number of registration records which were used in an unauthorized manner.

    WILLFUL VIOLATION OF THESE PROVISIONS IS A MISDEMEANOR(ELECTION CODE SECTIONS 18109)

    Subject to the provisions of Title 2, Division 7, Article 1, Sections 19001 through 19007 of the California Code of Regulations, the Signor agrees to pay to the State of California, as compensation for any UNAUTHORIZED USE OF EACH INDIVIDUAL'S REGISTRATION INFORMATION, an amount equal to the sum of. fifty cents ($.50) multiplied by the number of times each registration record is used by the Signor in an unauthorized manner.

  • Representation and Warranties PDI represents and warrants that it has obtained all information in the Voter File in compliance with all applicable federal, state, and local laws. PDI warrants that it has the legal right to grant to the CDP the rights and licenses granted herein. PDI warrants that the services to be performed under this Agreement shall be performed in a professional and workmanlike manner, reasonably consistent with industry standards in the data processing industry, and that PDI will use its reasonable commercial efforts to devote to the business and affairs of the CDP such portion of PDI's time and energies as is reasonably necessary to perform such services.

    Confidentiality of Voter information By accessing the PDI Online Software Application, DCC agrees to maintain the confidentiality of any Information and make all reasonable efforts to restrict access of such information to unauthorized individuals or entities. DCC also agrees to destroy all paper lists or electronic files containing personally identifiable information. Examples of personally identifiable information includes, but is not limited to, first name, last name, home or mailing address, email address, phone numbers, and birthdate. DCC is responsible for the misuse of voter data by any of its employees, volunteers or

    Relationship between CDP and PDI The 2025 MOE System is provided as a service to the CDP by PDI under the terms of a contract between the CDP and PDI. DCC agrees to be bound by the PDI License Agreement and Terms of Use.

    California Democratic Party Memorandum of Understanding for the Mobilize, Organize, Elect (MOE) System - Page 6 Indemnification by DCC DCC agrees to indemnify, defend, and hold harmless CDP, and its respective officers, contractors, directors, employees and vendors ("Related Parties"), from and against any and all damages, liabilities, losses, or expenses (including court cases and reasonable attorneys' fees): (i) incurred in connection with any breach by DCC of this Agreement, or (ii) resulting from the negligent, willful or intentional conduct of DCC or its employee, volunteers or agents.

    DCC acknowledges that the receipt, viewing and use of the voter information in the 2025 MOE System is restricted by the laws and regulations of the State of California including Section 6254.4 of the Government Code, Sections 2194, 18109, and 18110 of the Elections Code and Sections 19003, 19004 and 19007 of the California Code of Regulations. User agrees that the aforementioned Information will be used ONLY FOR ELECTION OR GOVERNMENTAL PURPOSES, OR RESEARCH as defined by Title 2, Division 7, Article 1, Section 19003 of the California Code of Regulations, and Elections Code Section 2194 and Government Code Section 6254.4. DC acknowledges that the misuse of such Information is a

    Ownership of Data Information contributed by all authorized users to the 2025 MOE System is the property of the CDP. The actual voter file information and voter file enhancements are property of PDI. Individuals may not possess confidential voter file information without specific approval from the Secretary of State or County Registrar of the appropriate county.

    CDP makes no warranties that are not expressly set forth in this Agreement. Such express warranties in this Agreement are in lieu of all other warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, and any warranties that may arise out of course of dealing, course of performance or usage of trade.

  • Severability and Waiver If any provision of this Agreement is held to be illegal, invalid or otherwise unenforceable, such provision will be enforced to the extent possible consistent with the stated intention of the parties, or, if incapable of such enforcement, will be deemed to be severed and deleted from this Agreement, while the remainder of this Agreement will continue in full force and effect. The waiver by either party or any default or breach of this Agreement will not constitute a waiver of any other or subsequent default or breach.

    No Assignment DCC may not assign, sell, transfer, delegate or otherwise dispose of, whether voluntarily or involuntarily, by operation of law or otherwise, this Agreement or rights or obligations under this Agreement without the prior written consent of CDP. Any purported assignment, transfer or delegation by DCC will be null and void. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties and their respective successors and assigns.

    California Democratic Party Memorandum of Understanding for the Mobilize, Organize, Elect (MOE) System - Page 7 Entire Agreement. This Agreement constitutes the complete agreement between the parties and supersedes all prior or contemporaneous representations, discussion, negotiations, conditions and agreements, whether written or oral, concerning the subject matter of this Agreement. This Agreement may not be modified or amended except in a writing signed by a duly authorized representative of each party; no other act, document, usage or custom will be deemed to amend or modify this Agreement. It is expressly agreed that the terms of this Agreement will supersede the terms in any Customer purchase order or other ordering document.

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  • California Democratic Party Memorandum of Understanding for the Mobilize, Organize, Elect (MOE) System - Page 8 Name of Requesting Organization:

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  • Addendum A, Disclosure of Political Activity (Check One):

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    Addendum A, Disclosure of Political Activity (Check

  • Printed Name of Organization MOE User Phone (Day) Phone (Cell)

  • Instruction to Requesting Organization: Please send this MOU and all applicable addendum attachments to: Name of DCC:

  • California Democratic Party Memorandum of Understanding for the Mobilize, Organize, Elect (MOE) System - Page 9

    to the Memorandum of Understanding (Redistributable Version) for the Mobilize, Organize, Elect (MOE) System Disclosure of Political Activity

    The type of access this member has requested is: Voter look-up only Administrative

    However, the above-named person is either (Please check applicable box): a candidate

  • Signatures and Acknowledgement:

    By signing below, I acknowledge that I have read and understand the Memorandum of Understanding for the use of the MOE System and agree to abide by the terms and conditions contained therein.

    Printed Name of DCC Chair Signature Date Please send this MOE MOU addendum to:

    California Democratic Party 1830 9th St., Sacramento, CA 95811 Via Email: nick@cadem.org | Via Fax: (916) 442-5715

    California Democratic Party Memorandum of Understanding for the Mobilize, Organize, Elect (MOE) System - Page 10 Addendum B

    to the Memorandum of Understanding (Redistributable Version) for the Mobilize, Organize, Elect (MOE) System Change in MOE Administrator

    Please complete the relevant portion(s) below for naming a replacement MOE Administrator or naming an additional MOE Administrator and return the addendum to the California Democratic Party (CDP):

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  • Naming Replacement MOE Administrator: The previous MOE Administrator, of the County Democratic Central Committee, is being replaced with:

    Name of DCC MOE Administrator Name of Democratic County CentralCommittee

    Printed Name of New DCC MOE Administrator Phone (Day) Phone (Cell)

    Naming Additional MOE Administrator:

    Or, we would like to add as a MOE Co-Administrator:Name of DCC MOE Administrator

    Printed Name DCC MOE Co-Administrator Phone (Day) Phone (Cell)

    Signatures and Acknowledgement:

    Printed Name of DCC Chair Signature Date In cases where a MOE Co-Administrator is being

    Printed Name of Primary/Original DCCMOE Administrator Signature Date

    Signature and Acknowledgement of New or Additional MOE Administrator: By signing below,I acknowledge that I have read and understand the Memorandum of Understanding for the use of the MOE System and agree to abide by the terms and conditions contained therein.

    Printed Name of DCC New or AdditionalMOE Administrator Signature Date

    Addendum A, Disclosure of Political Activity (Check One):

    Please send this MOE MOU addendum

    to: California Democratic Party 1830 9th St., Sacramento, CA 95811

    Via Email: nick@cadem.org Via Fax: (916) 442-5715 Attached or Not Applicable

    California Democratic Party Memorandum of Understanding for the Mobilize, Organize, Elect (MOE) System - Page 11 Addendum C

    to the Memorandum of Understanding (Redistributable Version) for the Mobilize, Organize, Elect (MOE) System

  • Additional Administrative Access (Non-Administrator) User Request

    The County Democratic Central Committee is requesting the Name of Democratic County Central Committee following person be allowed administrative access to our MOE account:

    Printed Name of Requested MOE System Administrative Access User Title

    access is: Signatures and Acknowledgement:

    The reason for this request is:

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  • Printed Name of DCC Chair Signature Date Printed Name of DCC MOE Administrator Signature Date

    Printed Name of DCC MOE Co-Administrator(If Applicable) Signature (If Applicable) Date (If Applicable) By signing below, I acknowledge that I have read and understand the Memorandum of Understanding for the use of the MOE System and agree to abide by the terms and conditions contained therein. Via Email: nick@cadem.org | Via Fax: (916) 442-5715 Please send this MOE MOU addendum Date AdministrativeAccess User Signature to: California Democratic Party Addendum A, Disclosure of Political Activity (Check One): Not Applicable

    Printed Name of Requested MOE System

    1830 9th St., Sacramento, CA 95811

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  • California Democratic Party Memorandum of Understanding for the Mobilize, Organize, Elect (MOE) System - Page 12

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