Res 12-039RESOLUTION NO. 12 -039
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
ADOPTING A FEE AND REGULATIONS FOR CANDIDATES FOR
ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS
SUBMITTED TO THE VOTERS AT A GENERAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, NOVEMBER 6, 2012
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 statement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway, as
follows:
Section 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 the General Municipal Election to be held in the
City of Poway on November 6, 2012, may prepare a candidate 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 The statement may be withdrawn, but not changed,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 5:00 p.m. of the next working day afterthe
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 Registrar of Voters Office of the County of San Diego. The
County is required to translate candidate's statements into the following languages: Spanish,
Vietnamese, Filipino and Chinese.
B. All translations shall be provided by professionally- certified translators.
C. The Registrar of Voters will print and mail separate sample ballots and candidates'
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. Additional Materials.
No candidate will be permitted to include additional materials in the sample ballot
package.
Resolution No. 12 -039
Page 2
Section 4. Payment.
The City Clerk shall estimate the total cost of printing, handling, translating as specified,
and mailing the candidate's statements filed pursuant to the Elections Code, including costs
incurred as a result of complying with the Federal Voting Rights Act and require each candidate
filing a statement to pay in advance his or her estimated pro rata share of $575 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 and the number of registered voters in the City. 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.
Section 5. All previous resolutions establishing Council policy on payment for candidate's
statements are repealed.
Section 6. That this resolution shall apply only to the election to be held on November 6,
2012, and shall then be repealed.
Section 7. 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 8. The City Clerk shall certify to the passage and adoption of this resolution and
enter it into the book of original resolutions.
Section 9. The City Clerk is hereby directed to file a certified copy of this resolution with
the Registrar of Voters of the County of San Diego.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a
regular meeting this 19th day of June, 2012.
Don Higginson, Mayor
Resolution No. 12 -039
Page 3
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify under penalty
of perjury that the foregoing Resolution No. 12 -039, was duly adopted by the City Council at a
meeting of said City Council held on the 19th day of June, 2012, and that it was so adopted by
the following vote:
AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
000 -
inob A. Troyan, MMC, City Clerk
CAy of Poway