RESOLUTION NO. 2022-040
A RESOLUTION OF THE CITY COUNCI L OF THE CITY OF FONTANA,
CALIFORNIA, ADOPTING REGU LATIONS FOR CA NDIDATES FOR
ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS
SUBMITTED TO THE VOTERS AT A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022
RECITALS:
WHEREAS, §13307 of the Elections Code of the St ate 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 candidates statement;
NOW, THEREFORE, THE CITY COUNC IL OF THE CITY OF FONTANA,
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 fo r elective office to be voted for at an Election to be held in the City of Font ana on November 8, 2022, may prepare a candidate’s statement on an appropriate fo rm provided by the Deputy City Clerk. The statement may include the name, age and o ccupation of the candidate and a brief description of no more than 200 words of t he candidate’s education and qualifications expressed by the candidate himself or herse lf. The 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 The statement may be withdrawn, but not changed, during the period for filing nominat ion papers and until 5:00 p.m. of the next working day after the close of the nomination period.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 Ri ghts Act, candidates statements will be translated into all languages required by the County of San Bernadino. The County is required to translate candidate’s statements into the following languages: Spanish.
B. The County will mail separate vote r information guides and candidates statements in qualified languages 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 r equired languages available at all polling places, on the County’s website, and in the Election Official’s office.
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 specified in (A) and/or (B) of Section 2 above pursuant to Federal and\or State law.
2. The candidate shall be required to pay for the cost of translating the candidates statement into any forei gn language that is not required as specified in (A) and/or (B) of Section 2 above, pursuant to Federal and\or State law, but is requested as an option by the candidate.
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 l anguage required in (A) of Section 2 above, in the main voter pamphlet.
3. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language requested by the candidate per (B) of Section 2 above, in the main voter pamphlet.
4. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign l anguage required by (A) of Section 2 above, in the facsimile voter pamphlet.
The Deputy 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 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 as a condition of having his or her statement included in the voter’s pamphlet. In the event the estimated payment is required, the estimate 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 es timate, depending on the actual number of candidates filing statements. Accordingly, the Deputy City 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 Deputy City Clerk may require the candidate to pay the balance of the cost incurred.
In the event of overpayment, the Deputy City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.
SECTION 4. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the voter information guide.
SECTION 5. That the Deputy City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued.
SECTION 6. That all previous resoluti ons establishing council policy on payment for candidate’s statements are repealed.
SECTION 7. That the Deputy City Cle rk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED on this 14th day of June, 2022.
READ AND APPROVED AS TO LEGAL FORM:
City Attorney
I, Germaine McClellan Key, City Clerk of th e City of Fontana, Ca lifornia, and Ex- Officio Clerk of the City Council do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regul ar meeting thereof, held on the 14th day of June 2022, by the following vote to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Germaine McClellan Key
City Clerk of the City of Fontana
Acquanetta Warren
Mayor of the City of Fontana
ATTEST:
Germaine McClellan Key
City Clerk of the City of Fontana