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HomeMy WebLinkAboutCC Reso No 2010-026RESOLUTION NO. 2010-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON NOVEMER 2, 2010 WHEREAS, §13307 of the Elections Code of the State of California, provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate's statement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. GENERAL PROVISIONS. That pursuant to §13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Lake Elsinore on November 2, 2010, may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed, in typewritten form, in the Office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period of filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. Section 2. The City Clerk shall require each candidate filing a statement to pay a deposit of five hundred dollars ($500), in advance as a condition of having his or her statement included in the voters' pamphlet. The City Clerk shall bill each candidate for any cost in excess of the deposit and shall refund any unused portion of any deposit. Section 3. The City Clerks shall provide each candidate or the candidate's representative a copy of this Resolution at the time nomination petitions are issued. Section 2. FOREIGN LANGUAGE POLICY A. Pursuant to the Federal voting Rights Act, candidates' statements will be translated into all languages required by the County of Riverside. The County is required to translate candidate's statements into the following languages: Spanish. Resolution No. 2010-026 Page 2 of 4 B. The County will print and mail sample ballots and candidates' statements to all voters in English and Spanish. The County will make the sample ballots and candidates' statements in the required languages available at all polling places, on the County's website, and in the office of the City Clerk for the City of Lake Elsinore. Section 3. PAYMENT. A. Translations. 1. The candidate shall be required to pay for the cost of translating the candidate's statement into any required foreign language as specified in (A) and/or (B) of Section 2 above, pursuant to Federal and/or State law. 2. The candidate shall be required to pay for the cost of translating the candidate's statement into any foreign language that is not required as specified in (A) and/or (B) of Section 2 above, pursuant to Federal and/or State law, but is requested as an option by the candidate. B. Printing. 1. The candidate shall be required to pay for the cost of printing the candidate's statement in English in the main voter's pamphlet. 2. The candidate shall be required to pay for the cost of printing the candidate's statement in a foreign language required in (A) of Section 2 above, in the main voters' pamphlet. 3. The candidate shall be required to pay for the cost of printing the candidate's statement in a foreign language requested by the candidate per (B) of Section 2 above, in the main voters' pamphlet. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate's statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her statement included in the voters' pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expenses or refund any excess paid depending on the final actual cost. In the event of underpayment, the clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. Resolution No. 2010-026 Page 3 of 4 candidates and refund the excess amount paid within 30 days of the election. Section 4. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. Section 5. That the City Clerk shall provide each candidate or the candidate's representative a copy of this resolution at the time nominating petitions are issued. Section 6. That all previous resolutions establishing Council policy on payment for candidates' statements are repealed. Section 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED, AND ADOPTED, at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 8th day of June 2010. MELISSA MELENDEZ, MAYOR CITY OF LAKE ELSINORE A CAROL COWLEY, CITY CITY OF LAKE ELSINOi APPROVED AS TO RARBARA Z PD LEIBOLD, CITY ATTORNEY CITY OF LAKE ELSINORE Resolution No. 2010-026 Page 4 of 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, CAROL COWLEY, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2010-026 was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 8th day of June 2010, and that the same was adopted by the following vote: AYES: COUNCIL MEMBERS: BUCKLEY, HICKMAN, MAGEE, MAYOR PRO TEM BHUTTA, MAYOR MELENDEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE CAROL CO LEY CITY CLERK