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Home My WebLink AboutCC Reso No 2018-088 Adopting Regulations for CandidatesRESOLUTION NO. 2018-088 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 TUESDAY, NOVEMBER 6, 2018 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 optional candidate statement; and, Whereas, 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; and, 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 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 Tuesday, November 6, 2018, 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 himself or herself. 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 The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. The City Clerk shall require each candidate filing a statement to pay a deposit of three hundred fifty dollars ($350), in advance, as a condition of having his or her statement included in the voters' pamphlet. Section 2. FOREIGN LANGUAGE POLICY. A. Pursuant to the Federal Voting Rights Act, languages required by the County of Riverside. statements into the following languages: Spanish. candidate statements will be translated into all The County is required to translate candidate's B. The County will print and mail sample ballots and candidate 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 City Clerk's Department for the City of Lake Elsinore. CC Reso No. 2018-088 Page 2 of 3 Section 3. PAYMENT. A. Translations: 1. The candidate shall be required to pay for the cost of translating the candidates 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 candidates 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 candidates statement in English in the main voter pamphlet. 2. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language required in (A) of Section 2 above, in the main voter pamphlet. 3. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language requested by the candidate per (B) of Section 2 above, in the main voter pamphlet. 4. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language required by (A) of Section 2 above, in the facsimile voter 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 estimated pro rata share as a condition of having his or her statement included in the voter's pamphlet. An estimated payment is required and the estimate is just an approximation of the actual cost that varies from one election to another election 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 expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk may 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 election. Section 4. MISCELLANEOUS. A) All translations shall be provided by professionally -certified translators. B) The City Clerk shall allow underlining, capitalization and bullets to the same extent and manner as allowed in previous City elections. C) The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections. Section 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. CC Reso No. 2018-088 Page 3 of 3 Section 6. 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 7. That all previous resolutions establishing council policy on payment for candidate statements are repealed. Section 8. That this resolution shall apply only to the election to be held on November 6, 2018, and shall then be repealed. Section 9. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. Passed and Adopted on this 26th day of June 2018 � - , &A 4 (-0 ;6,3 Nat o Johnson Mayor Attest: Susan M. Domen, MMC City Clerk STATE OF CALIFORNIA } COUNTY OF RIVERSIDE } ss. CITY OF LAKE ELSINORE } I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2018-088 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of June 26, 2018, and that the same was adopted by the following vote: AYES: Council Members Magee and Tisdale; Mayor Pro -Tem Manos and Mayor Johnson NOES: None ABSENT: Council Member Hickman ABSTAIN: None Domen, MC City Clerk I