Loading...
HomeMy WebLinkAboutCC Reso No 2008-054 RESOLUTION NO. 20m~-54 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 4, 2008 WHEREAS, 913307 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 913307 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 4, 2008, 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 The statement may be withdrawn, but not changed, during the period of filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.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. FOREIGN LANGUAGE POLICY. A. Pursuant to the Federal Voting Rights Act, the City is required to translate candidate's statement into Spanish. B. Pursuant to State law, the candidates' statements must be translated and printed (in the voters pamphlet) in any language at the candidates' request. C. The City Clerk shall: 1. Translations. a) have all candidates' statements translated into Spanish as specified in (A) above; 1 b) have translated those statements into the language as requested by the candidate in (b) above; and c) have all translations made available upon request in the Office the City Clerk. 2. Printinq. a) Print all translations of all candidates' statements in the main voter pamphlet. The main voter pamphlet will be in English and in Spanish; and b) Have all translations made available upon request in the Office of the City Clerk. 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. Printinq. 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 2 required, the estimated 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. 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 10th day of June 2008. d-~~OR CITY OF LAKE ELSINORE L.L~ V VIAN M. MUNSON, CITY CLERK CITY OF LAKE ELSINORE 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2008-54 was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 10th day of June 2008, and that the same was adopted by the following vote: AYES: Mayor Daryl Hickman, Mayor Pro Tern Genie Kelley Councilmembers Thomas Buckley, Robert E. Magee and Robert Schiffner NOES: None ABSTAIN: None ABSENT: None L L. L_ VIVIAN M. MUNSON CITY CLERK 4