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HomeMy WebLinkAbout2016-06-14; City Council; Resolution 2016-113Exhibit 3 1 RESOLUTION NO. 2016-113 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,CALIFORNIA,APPROVING REGULATIONS 3 FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING 4 TO CANDIDATES'STATEMENTS SUBMITTED TO THE VOTERS AT GENERAL MUNICIPAL ELECTION TO BE 5 HELD IN THE CITY OF CARLSBAD ON TUESDAY, NOVEMBER 8, 2016. 6 7 WHEREAS,Section 13307 of the Elections Code of the State of California 8 provides that the governing body of any local agency adopt regulations pertaining to 9 materials prepared by any candidate for a municipal election,including costs of the 10 candidates' statements; 11 NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of 12 Carlsbad, California, as follows: 13 14 1.That the above recitations are true and correct. 15 SECTION 1.GENERAL PROVISIONS.That pursuant to Section 13307 of the 16 Elections Code of the State of California, each candidate for elective office to be voted 17 for at the General Municipal Election to be held in the City of Carlsbad on November 8, 18 2016,may prepare a candidate's statement on an appropriate form provided by the 19 Office of the City Clerk.The statement may include the name, age and occupation of 20 the candidate and a brief description of no more than two hundred (200) words of the 21 candidate's education and qualifications expressed by the candidate herself or himself. 22 The statement shall not include any party affiliation of the candidate, nor membership 23 24 or activity in partisan political organizations.The statement shall be filed in typewritten 25 form in the Office of the City Clerk at the time the candidate's nomination papers are 26 filed.The statement may be withdrawn,but not changed, during the period for filing 27 28 1 nomination papers and until 5:00 p.m.of the next working day after the close of the 2 nomination period. 3 SECTION 2.FOREIGN LANGUAGE POLICY. 4 A.Pursuant to the Federal Voting Rights Act, each candidate's statement will be 5 translated into all languages required by the Registrar of Voters Office of the 6 County of San Diego.The County is required to translate candidate's 7 statements into the following languages:Spanish, Vietnamese,Filipino and 8 9 Chinese. 10 B.All translations shall be provided by professionally-certified translators. 11 C.The Registrar of Voters will print and mail separate sample ballots and 12 candidates' statements in Spanish, Vietnamese,Filipino and Chinese to only 13 those voters who are in the County voter file as having requested a sample 14 ballot in a particular language.The Registrar of Voters will make the sample 15 ballots and candidates' statements in the required languages available at all 16 polling places, on the County's website and in the Election Official's office. 17 SECTION 3.ADDITIONAL MATERIALS.No candidate will be permitted to 18 19 include additional materials in the sample ballot package. 20 SECTION 4.PAYMENT.The City Clerk Services Manager shall estimate the total 21 cost of printing,handling,translating as specified,and mailing the candidates' 22 statements filed pursuant to the Elections Code, including costs incurred as a result of 23 complying with the Federal Voting Rights Act and require each candidate filing a 24 statement to pay in advance his or her estimated pro rata share of $1,050 -$1,300 as 25 a condition of having his or her statement included in the voter's pamphlet.The 26 estimated amount is just an approximation of the actual cost that varies from one 27 28 1 election to another election and may be significantly more or less than the estimate, 2 depending on the actual number of candidates filing statements and the number of 3 registered voters in the city.Accordingly, the City Clerk Services Manager is not bound 4 by the estimate and may,on a pro rata basis,bill the candidate for additional actual 5 expense or refund any excess paid depending on the final actual cost. 6 SECTION 5.Each candidate shall pay a $25.00 fee at the time the nomination 7 papers are filed in the City Clerk's Office.In lieu of the $25.00 filing fee, candidates 8 9 may process a petition-in-lieu by acquiring four signatures for each $1.00 of the filing 10 fee.A total of 100 signatures of registered voters in the City shall replace the $25.00 11 filing fee.Petitions-in-lieu forms will be available on June 15,2016 and must be 12 submitted to the City Clerk's Office no later than 5:00 p.m., on July 29, 2016. 13 SECTION 6.That the City Clerk's Office shall provide each candidate,or the 14 candidate's representative,a copy of this resolution at the time nominating petitions are 15 issued. 16 SECTION 7.That this resolution shall apply only to the election to be held on 17 November 8, 2016. 18 19 SECTION 8.The City Clerk Services Manager is hereby directed to file a certified 20 copy of this resolution with the Registrar of Voters of the County of San Diego. 21 // 22 // 23 // 24 // 25 // 26 // 27 28 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of 2 the City of Carlsbad on the 14th day of June, 2016, by the following vote: 3 AYES:Hall,Wood,Schumacher,Blackburn,Packard. 4 NOES:None. 5 ABSENT:None. 6 7 8 9 <C71/1MAirALi,Mayor 10 11 ATTEST: 12 13 14 A1 --0-COPL;' SHEI .COBIAN, CMC 15 City Clerk Services Manager (SEAL) 16 17 18 19 20 21 22 23 24 25 26 27 28