Res 20-038RESOLUTION NO. 20-038
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 3, 2020
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 candidate statement.
follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
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 3,
2020, 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 The statement may be withdrawn, but not changed, during the period for filing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.
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
Resolution No. 2O-O38
Page
in Section 3. in the sample ballot pamphlets and any language the
candidate requests as an option by the candidate.
The City Clerk ehmU estimate the total cost of printing, hand|ing, translating and
mailing the candidate's statements filed pursuant to this oecti0n, including costs incurred
as a result of complying with the Federal Voting Rights Act of 1905 (as annended), and
require each candidate filing statement topay inadvance bzthe local agency oyhis or
her estimated pro rata share of $1,000 for the seat of Councilmember from District No. 2
and $1.DOOfor the seat of[|ouOci|nnennberfrom District No. 4.as a condition ofhaving his
or her statement included in the voter's pamphlet. The estimated amount is just an
approximation ofthe actual cost that varies from one election toanother election and may
be significantly more or less than the estinlate, depending on the actual number of
candidates filing statements. Accordingly, the Clerk iGnot bound bythe estimate and may,
on g pro nata basis, bill the candidate for additional actual expense or refund any excess
paid depending on the final actual 000L |nthe event ofunderpayment, the Clerk may
require the candidate topay the balance Vfthe cost incurred. |nthe event ofoverpayment,
the Clerk shall prorate the excess amount among the candidates and refund the excess
amount paid within 30days nfthe 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.
A. No candidate will be permitted to include additional materials in the aannp|m ballot
package.
SECTION O: 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
candidate's statements are repealed.
SECTION 8: That this resolution shall apply only to the election tobeheld oONovember
3. 2020 and shall then be repealed.
SECTION 9: That the City Clerk shall certify to the passage an adoption of this
Resolution and enter itinto the book oforiginal resolutions.
Resolution No. 20-038
Page 3
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the
City of Poway, California on the 16th day of June, 2020 by the following vote, to wit:
AYES: MULLIN, LEONARD, GROSCH, FRANK, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
eve Vaus, Mayor
ATTEST:
Faviola Medina C C, City Clerk