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HomeMy WebLinkAbout2024-013 Adopting Candidate Statement Regulations November 5, 2024RESOLUTION NO. 2024-13 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 5, 2024 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 statement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, 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 5, 2024 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 The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. Section 2. FOREIGN LANGUAGE POLICY. A. Pursuant to the Federal Voting Rights Act, candidate statements will be translated into all languages required by the County of Riverside. The County is required to translate candidate statements into the following languages: Spanish, Mandarin, Cantonese, Tagalog, Korean, and Vietnamese. B. The County will mail separate voter information guides and candidate statements in Spanish, Mandarin, Cantonese, Tagalog, Korean, or Vietnamese to only those voters who are on the county voter file as having requested a voter information guide in a particular language. The County will make the voter information guides and candidate statements in the required languages available at all polling places/vote centers, on the County's website, and in the Elections Official's office. Section 3. PAYMENT. A. Translations: 1. The candidate shall be required to pay for the cost of translating the candidate statement into any required foreign language as specified in (A) or (B) of Section 2 above pursuant to Federal or State law. 2. The candidate shall be required to pay for the cost of translating the candidate statement into any foreign language that is not required as specified in (A) or (B) of Section 2 above, pursuant to Federal or State law, but is requested as an option by the candidate. B. Printing (choose one or more as appropriate): DocuSign Envelope ID: 8372840A-FE5B-4DAC-B8AD-34444A1172BD CC Reso No. 2024-13 Page 2 of 3 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. 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 election 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 expense 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. *Addendum can include request of time for county invoices, etc. 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 voter information guide. 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 candidates statements are repealed. Section 8. That this resolution shall apply only to the election to be held on November 5, 2024 and shall then be repealed. Section 9. This Resolution shall take effect immediately upon its adoption. DocuSign Envelope ID: 8372840A-FE5B-4DAC-B8AD-34444A1172BD CC Reso No. 2024-13 Page 3 of 3 Section 10. The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions. Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, this 23rd day of April 2024. Steve Manos Mayor Attest: Candice Alvarez, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2024-13 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of April 23, 2024 and that the same was adopted by the following vote: AYES: Council Members Johnson, Magee, and Sheridan; Mayor Pro Tem Tisdale; and Mayor Manos NOES: None ABSENT: None ABSTAIN: None Candice Alvarez, MMC City Clerk DocuSign Envelope ID: 8372840A-FE5B-4DAC-B8AD-34444A1172BD