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Res 16-019 RESOLUTION NO. 16-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, 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 8, 2016 WHEREAS, § 13307 of the Elections Code of the State of California provides that the governing body of any local agency may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates statement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, DOES HEREBY 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 Poway on November 8, 2016, may prepare a candidate's statement on an appropriate form provided by the City Clerk. Such 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. Such 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 The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:30 p.m. of the next working day after the close of the nomination period.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 San Diego Registrar of Voters Office. The County is required to translate candidate's statements into the following languages: Spanish, Vietnamese, Filipino and Chinese. B. The Registrar of Voters will mail separate local sample ballots and candidate statements in Spanish, Vietnamese, Filipino and Chinese to only those voters who are on the County voter file as having requested a sample ballot in a particular language. The Registrar of Voters 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 Election Official's office. Resolution No. 16-019 Page 2 Section 3. Payment. Translations: The candidate shall be required to pay for the cost of translating the candidate's statement into any required foreign language as specified in Section 2 pursuant to Federal and/or State law. Printing: The candidate shall be required to pay for the cost of printing the candidate's statement in English and the required languages, as specified in Section 2, in the sample ballot pamphlets and any language the candidate requests as an option by the candidate. 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 Federal 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 of $750 as a condition of having his or her statement included in the voter's pamphlet. The estimated amount 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. Section 4. Miscellaneous. A. All translations shall be provided by professionally-certified translators. B. 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. Section 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. Section 7. That all previous resolutions establishing council policy on payment for candidates' statements are repealed. Resolution No. 16-019 Page 3 Section 8. That this resolution shall apply only to the election to be held on November 8, 2016, and shall then be repealed. Section 9. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original Resolutions. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 21st day of June 2016. Steve Vaus, Mayor ATTEST: \714 --(1e1(fri Nancy Neufeld, CMC, City Clerk STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO) I, Nancy Neufeld, CMC, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 16-019 was duly adopted by the City Council at a meeting of said City Council held on the 21st day of June 2016, and that it was so adopted by the following vote: AYES: LEONARD, GROSCH, MULLIN, CUNNINGHAM NOES: NONE ABSENT: VAUS DISQUALIFIED: NONE ,t-e", •11 4/ Nancy Neufeld, CMC, City Clerk City of Poway