Item 6.3
Revised Resolution F
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATE STATEMENTS TO THE ELECTORATE AT THE
SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY,
[ELECTION DATE AS DETERMINED BY CITY COUNCIL]
WHEREAS, Section 13307 of the Elections Code of the State of California allows each candidate for elective office to prepare a candidate’s statement of no more than 200 words on a form provided by the elections official; and
WHEREAS, Section 13307 requires the elections official to include the written statements of each candidate in the voter information guide, with a Spanish translation in some instances; and
WHEREAS, Section 13307 permits the governing body of any local agency to estimate the total cost of printing, handling, translating, mailing, and electronically distributing these candidates’ statements and to require each candidate filing such a statement to pay in advance his or her estimated pro-rata share as a condition of having his or her statement included in the voter information guide.
NOW, THEREFORE, BE IT RESOLVED, DECL ARED, DETERMINED AND ORDERED by the City Council of the City of Chula Vista, that:
SECTION 1. Pursuant to section 13307 of the Elections Code of the State of California, each candidate for elective office running in the special municipal election to be held in the City of Chula Vista on Tuesday, [ELECTION DATE AS DETERMINED BY CITY COUNCIL ], may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The 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. The statement shall not include the party affiliation of the candidate , membership or activity in partisan political organizations, nor any reference, direct or indirect, to other candidates for that office or to another candidate’s qualifications, character, or activities. The statement shall be filed electronically in typewritten form in the Office of the City Clerk d uring normal business hours, as posted, no sooner than [CITY CLERK IS AUTHORIZED TO ENTER THE DATE 113 DAYS BEFORE THE ELECTION DATE DETERMINED BY CITY COUNCIL, PURSUANT TO ELECTIONS CODE 13307], and no later than [CITY CLERK IS AUTHORIZED TO ENTER THE DATE 88 DAYS BEFORE THE ELECTION DATE DETERMINED BY CITY COUNCIL PURSUANT TO ELECTIONS CODE 13307].
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 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. The County is required to translate candidates’ statements into the following languages:
Spanish, Filipino, Chinese, and Vietnamese.
B. The County will print and mail separate voter information guides and candidate’s statements in English, Spanish, Filipino, Chinese, and Vietnamese to only those voters who are on the county voter file as having requested a voter information guide in a particular language. The County will make the voter information guides and candidates’ statements in the required languages available at all polling places/vote centers and on the County’s website, unless the election is conducted wholly by mail ballot, in which case the materials will be available at the Registrar of Voters’ office and on the County’s website.
SECTION 3. PAYMENT.
A. Translations
1. The candidate shall be required to pay for the cost of translating the candidates statement into any required foreign language as specific in A and B of Section 2 above pursuant to Federal and/or State law.
B. Printing
1. The candidate shall be required to pay for the cost of printing the candidates statement in English in the main voter pamphlet.
2. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language required in (A) of Section 2 above, in the main voter pamphlet.
SECTION 4. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidates’ statements filed pursuant to the Elections Code, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended) and State law, as provided by the Registrar of Voters, and require each candidate filing a statement to pay in advance his or her estimated pro-rata share as a condition of having his or her statement included in the voter information guide or electronically distributed. The estimate shall be an approximation of the actual cost and may be significantly more or less than the estimate. Accordingly, the city is not bound by the estimate and may, on a pro-rata basis, bill each candidate for additional actual expense or refund any excess paid depending on the final actual cost.
SECTION 5. The formatting of candidate statements shall conform to the standards provided by the San Diego County Registrar of Voters.
SECTION 6. The City Clerk sha ll provide each candidate, or the candidate’s representative, with a copy of this resolution at the time his or her nomination papers are issued.
An electronic copy is sufficient to meet this requirement.
SECTION 7. No candidate will be permitted to inc lude additional materials in the voter information packet.
Resolution No.
SECTION 8. The City Clerk is hereby authorized, instructed, and directed to enter the election date, as determined by the City Council, and the candidate statement filing due dates in the sections indicated throughout this resolution.
Presented by Approved as to form by
Kerry K. Bigelow, MMC Glen R. Googins
City Clerk City Attorney