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HomeMy WebLinkAboutCC Reso No 2012-023 City Council ResoRESOLUTION NO. 2012 -023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AND ADOPTING REGULATIONS RELATING TO CANDIDATE STATEMENTS FOR ELECTIVE OFFICE SUBMITTED TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012 WHEREAS, Section 13307 of the California Elections Code provides that the governing body of any local agency shall adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the optional candidate's statement. WHERAS, Section 13307(b) of the California Elections Code states that the Statement of each candidate shall be printed in type of uniform size and darkness, and with uniform spacing. WHEREAS, the City Clerk is responsible for enforcing formatting requirements that exceed those acceptable by the County and wishes to streamline the review process by imposing limits relating to the format of candidate statements to block format, and prohibit Bolding, Capitalized Words, Italics, Underlining and Bullets. The City Clerk has final sign - off and approval of all candidate statements for elected city offices. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: Section 1. GENERAL PROVISIONS. A. Pursuant to Section 13307 of the California Elections Code each candidate for elective office to be voted for at the General Municipal Election to be held in the City of Lake Elsinore on Tuesday, November 6, 2012, 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 The statement may be withdrawn, but not changed, during the period of filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. B. The City Clerk shall require each candidate filing a statement to pay a deposit of six hundred dollars ($600), in advance as a condition of having his /her statement included in the voters' pamphlet. The City Clerk shall bill each candidate for any costs in excess of the deposit and /or shall refund any unused portion of said deposit. City Council Resolution No. 2012 -023 Page 2 of 4 Section 2. COPY OF RESOLUTION. The City Clerk shall provide each candidate a copy of this Resolution at the time nomination petitions are issued. Section 3. 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 of Riverside is required to translate all candidate statements into Spanish. 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. 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) of Section 3 herein, pursuant to Federal and /or State law. B. Printing. 1. The candidate shall be required to pay forthe cost of printing the candidate's statement in English in the Sample Ballot and /or voter information 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 3 above, in the Sample Ballot. 3. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate's statements filed pursuant to this Resolution, 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 for his /her statement to be included in the Sample Ballot and /or voters' information pamphlet. An estimated payment is required and 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 City 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 City Clerk will require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the date of the election. Section 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the Sample Ballot. City Council Resolution No. 2012 -023 Page 3 of 4 Section 6. REPEAL. That all previous resolutions establishing City Council policy on payment for candidates' statements are repealed. Section 7. CERTIFICATION. 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, held on the 12th day of June 2012. APPROVED AS TO Bhrbara Zeid L�ibold, City Attorney Briae, Ma "y °or STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Virginia J. Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2012 -023 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 12th day of June 2012, and that the same was adopted by the following vote: AYES: Council Member Melendez, Mayor Pro Tern Hickman, Council Member Magee, Council Member Weber and Mayor Tisdale NOES: None ABSENT: None ABSTAIN: None Virginia City Cle