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statement may be withdrawn, but not changed, during the period for filing nomination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:
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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