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HomeMy WebLinkAboutResolution - 3621 STATE OF CALIFORNIA ) RESOLUTION NO. 3621 COUNTY OF RIVERSIDE) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2016. WHEREAS, Section 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; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: 1. GENERAL PROVISIONS That pursuant to Section 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 San Jacinto on November B, 2016, may prepare a candidate 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. In addition to these restrictions, pursuant to Section 13308 of the Elections Code, any candidate statement shall be limited to a recitation of the candidate's own personal background and qualifications, and shall not in any way make reference to other candidates for that office or to another candidate's qualifications, character, or activities. The statement shall be filed 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 The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. 2. FOREIGN LANGUAGE POLICY A. Pursuant to the Federal Voting Rights Act, the City is required to translate candidates' statements into the following language: Spanish. B. The City Clerk shall: 1. Translations: have all candidate statements translated into the languages specified in (A) above. 2. Printing (a) Print an English only voter pamphlet to be mailed to all voters. (b) Print all translations of all candidate statements pursuant to (A.) above, in facsimile voter pamphlets -facsimile voter pamphlets will be in Spanish. (c) Have all translations made available upon request in the office of the City Clerk. 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, which cost is included in the estimated deposit, as specified in (A.) and/or (B.) of Section 2 above pursuant to Federal and/or State law. 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 pamphlet. 2. The candidate shall be required to pay for the cost of printing the candidate's statement in a foreign language required by (A.) of Section 2 above, in the facsimile voter pamphlet. Riverside County Registrar of Voters will 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. 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 shall 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 shall require the candidate to pay the balance4 of the cost incurred. In the event of overpayment, the clerk shall refund the excess amount paid. 4. MISCELLANEOUS A. All translations shall be provided by professional-certified translators. B. The City Clerk shall allow capitalization and indentations 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. 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. 6. The City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nominating petitions are issued. 7. All previous Resolutions establishing City Council policy on payment for candidate's statements are repealed. 8. This Resolution shall apply only to the election to be held on November 8, 2016, and shall then be repealed. 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 APPROVED AND ADOPTED this 71h day of June, 2016, by the following vote: Ayes: Gagnepain, Ledezma, Miller, Kotyuk Nays: None Absent: Ruiz Abstain: None City of San Jacinto r Andrew F. Kotyuk, Mayor AT EST: 77 PegWjjhos, terirn City Clerk APPROVED AS TO FORM: Best, Best & T er LLP 41W Je rey S. Ballinger, City Attorney CERTIFICATION I, Peggy J. Johns, Interim City Clerk of the City of San Jacinto do hereby certify that the foregoing Resolution No. 3621 was duly passed, and adopted at a regular meeting of the City Council of the City of San Jacinto held on the 71" day of June, 2016, by the following vote: Ayes: Gagnepain, Ledezma, Miller, Kotyuk Nays: None Absent: Ruiz Abstain: None IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND THE Official Seal of the City of San Jacinto this 7t" day of June, 2016. Peg (optis, Wterim City Clerk a