RESOLUTION R20XX-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MANTECA, STATE OF 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 8, 2022 WHEREAS, §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 candidates statement; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Manteca, as follows:
1. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct, and establish the factual basis for the City Council’s adoption of this Resolution.
2. 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 Manteca on November 8, 2022, 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 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 The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.
3. FOREIGN LANGUAGE POLICY.
Pursuant to the Federal Voting Rights Act, candidate’s statements will be translated into all languages required by the County of San Joaquin. The County is required to translate candidate’s statements into the following languages: Spanish.
The County will print and mail voter information guides and candidates statements to all voters in Spanish. The County will make the voter information guides and candidates statements in the required languages available at all polling places, on the County’s website, and in the Election Official’s office.
4. 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 (A) of Section 2 above pursuant to Federal and\or State law.
The candidate shall be required to pay for the cost of translating the candidate’s statement into any foreign language that is not required as specified in (A) of Section 2 above, pursuant to Federal and\or State law, but is requested as an option by the candidate.
Printing.
The candidate shall be required to pay for the cost of printing the candidate’s statement in English in the main voter pamphlet.
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.
The candidate shall be required to pay for the cost of printing the candidate’s statement in a foreign language requested by the candidate per (B) of Section 2 above, in the main voter pamphlet.
The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language required by (A) of Section 2 above, in the facsimile voter pamphlet.
The 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 estimate, depending on the actual number of candidates filing statements. 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. In the event of underpayment, the Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.
5. MISCELLANEOUS.
All translations shall be provided by professionally-certified translators.
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.
6. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the voter information guide.
7. 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.
8. That all previous resolutions establishing council policy on payment for candidate’s statements are repealed.
9. That this resolution shall apply only to the election to be held on November 8, 2022, and shall then be repealed.
10. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
11. This Resolution shall take effect immediately upon its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Manteca at a public meeting of said City Council held on the 7th day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR: _______________________________
BENJAMIN J. CANTU
Mayor
ATTEST: _______________________________
CASSANDRA CANDINI-TILTON
City Clerk
ATTACHMENT 3
Resolution __ ____
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ATTACHMENT 3
R20XX-XX Page PAGE 1 of NUMPAGES 3 Type approved date of resolution here