ACTION:
____________________________
Clerk/Secretary
Department: City Clerk Item No: D1
Prepared by: Kathy Valdez, City Clerk Meeting Date: June 14, 2022 Approved by: Patrick Johnson, City Manager Agenda Location: Discussion SUBJECT: REGULATIONS FOR CANDIDATE STATEMENTS TO BE SUBMITTED TO THE VOTERS FOR THE NOVEMBER 8, 2022, GENERAL MUNICIPAL ELECTION
RECOMMENDATION:
1.Establish the maximum number of words, 200 or 400, to be permitted in a Candidate’s Statement of Qualifications for the office of Member of the City Council on the November 8, 2022, General Municipal Election.
2.Adopt City Council Resolution No. 2022- , adopting regulations for Candidates’ Statements to be submitted to the voters for the November 8, 2022, General Municipal Election.
CORRELATION TO CITY COUNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.
PRIOR ACTION: On June 24, 2020, established the maximum number of 400 words to be permitted in a Candidate’s Statement of Qualifications, and adopted City Council Resolution No. 2020-116, adopting regulations for Candidates’ Statements to be submitted to the voters for the November 3, 2020, General Municipal Election (Vote: 5-0).
STATEMENT ON THE SUBJECT: California Elections Code Section 13307(a) permits each candidate in any local election to prepare a Candidate Statement of Qualifications to be printed in the voter information pamphlet, no longer than 200 words, unless the local agency authorizes statements up to 400 words.
Section 13307(d) permits the local agency to charge the candidate an estimated pro rata share of the cost for language translation and printing the statement in the Voter Information Pamphlet. Cities in San Diego County are required to translate candidates' statements into Spanish, Filipino, Chinese, and Vietnamese, and to have the translations available upon request. All cities in San Diego County that consolidate their elections with the County share translation costs.
In accordance with Vista Municipal Code Section 1.08.020, the City Clerk has prepared a cost estimate for City Council review prior to opening of nominations. The San Diego County Registrar of Voters has estimated the November 8, 2022, costs to be $1,600 for a 200-word statement and $2,500 for a 400-word statement for Mayoral candidates and $1,400 for a 200-word statement and $2,150 for a 400-word statement for District 1 and 4 candidates. If the City Council chooses to authorize a 400-word statement, all candidates would be subject to the estimated fee or need to opt out of submitting a Candidate Statement of Qualification.
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
06/14/2022 D1 1 of 8
Established the maximum number of words, 400, to be permitted in a Candidate’s Statement of Qualifications for the office of Member of the City Council on the November 8, 2022, General Municipal Election and adopted City Council Resolution No. 2022-98, adopting regulations for Candidates’ Statements to be submitted to the voters for the November 8, 2022, General Municipal Election.
Vote: 5-0
MEETING DATE: JUNE 14, 2022 PAGE 2
SUBJECT: REGULATIONS FOR CANDIDATE STATEMENTS TO BE SUBMITTED TO THE VOTERS FOR THE NOVEMBER 8, 2022, GENERAL MUNICIPAL ELECTION
California Elections Code Section 13307(c) provides that if a local agency determines that a charge shall be levied against each candidate, that decision cannot be revoked or modified after the seventh day prior to the opening of the Nomination Period. The Nomination Period for the November 8, 2022, General Municipal Election opens on July 18, 2022. Therefore, the last date the City Council could take any action is July 11, 2022.
Options. The City Council may choose one of the following:
1)Do not adopt a resolution and each candidate will be allowed to submit a 200-word statement to be translated and printed in the voter information pamphlet, and the City will be required to pay the full cost for each statement;
2)Adopt a resolution limiting the Candidate Statement of Qualification to 200 words and requiring the candidates to pay the costs for their statement; or
3)Adopt a resolution limiting the Candidate Statement of Qualification to 400 words and requiring the candidates to pay the costs for their statement.
FISCAL IMPACT: If the candidates are not asked by the City Council to bear the cost of filing the 200 or 400 word statements, the cost for translation and printing candidates’ statements will be borne by the City.
There are currently six candidates running for office, two for Mayor and four for a District seat, requiring the City to allocate funding within the City Clerk’s budget in the amount of $8,800 for 200-word statements or $13,600 for 400-word statements. Funding for this purpose has not been included in the Fiscal Year 2022/23 Operating Budget. Should the City Council elect to have the City take on the cost, staff will return to the City Council at a future meeting to amend the budget.
EXHIBITS:
1.City Council Resolution No. 2022- , adopting regulations for Candidates’ Statements to be submitted to the voters for the November 8, 2022, General Municipal Election
2.California Elections Code Section 13307
3.Vista Municipal Code Section 1.08.020
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00107808 1
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES’
STATEMENTS TO BE SUBMITTED TO THE VOTERS FOR THE
NOVEMBER 8, 2022, GENERAL MUNICIPAL ELECTION
The City Council of the City of Vista does resolve as follows:
1.Findings. The City Council hereby finds and declares the following:
A.Section 13307 of the Elections Code of the State of California provides that, the governing body of any local agency may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including the cost of the candidate's statement.
B.Vista Municipal Code Section 1.08.020 provides that the City Clerk shall prepare and present to the City Council an estimate of the total cost of printing, handling, translating, and mailing the candidates’ statements pursuant to the Elections Code.
2. Action.
A.The maximum number of words permitted in a candidate statement of qualifications submitted by a candidate for the office of Member of the City Council at the November 8, 2022, General Municipal Election in the City of Vista is ________ words.
B.Pursuant to the Federal Voting Rights Act of 1965, as amended, and in accordance with a Memorandum of Agreement between the County of San Diego and the United States Department of Justice, cities in San Diego County are required to translate candidates' statements into Spanish, Filipino, Vietnamese, and Chinese and to have the translations available upon request.
C.The Registrar of Voters’ estimated cost of printing and translating each candidate's statement is $___________ for Mayoral candidates and $__________ for District seat candidates. Each candidate who elects to have a candidate's statement of qualifications printed in the voter information pamphlet shall deposit $ __________ for Mayoral candidates and $__________ for District seat candidates with the City Clerk at the time the nomination paper is filed. The City Clerk is not bound by the estimate and shall, on a pro rata basis, bill the candidate for additional actual expenses or refund any excess paid depending on the final actual cost.
D.No candidate will be permitted to include additional materials in the sample ballot package.
E.The City Clerk is directed to provide to each candidate, or the candidate's representative, a copy of this resolution at the time nomination petitions are issued. [Continued on page 2]
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EXHIBIT 1
RESOLUTION NO. 2022-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on June 14, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, ACTING CITY ATTORNEY
By:
JUDY RITTER, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
APPROVED
Walter C. Chung
20220602105707
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State of California
ELECTIONS CODE
Section 13307
13307. (a)1)Each candidate for nonpartisan elective office in any local agency, including any city, county, city and county, or district, may prepare a candidate’s statement on an appropriate form provided by the elections official. 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. However, the governing body of the local agency may authorize an increase in the limitations on words for the statement from 200 to 400 words. The statement shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations. 2)The statement authorized by this subdivision shall be filed in the office of the elections official when the candidate’s nomination papers are returned for filing, if it is for a primary election, or for an election for offices for which there is no primary.
The statement shall be filed in the office of the elections official no later than the 88th day before the election, if it is for an election for which nomination papers are not required to be filed. If a runoff election or general election occurs within 88 days of the primary or first election, the statement shall be filed with the elections officialby the third day following the governing body’s declaration of the results from the primary or first election.
3)Except as provided in Section 13309, the statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5 p.m. of the next working day after the close of the nomination period.
b)1)The elections official shall send to eachvoter a county voter information guide that contains the written statements of each candidate that is prepared pursuant to subdivision (a). The statement of each candidate shall be printed in type of uniform size and darkness, and with uniform spacing.
2)The elections official shall provide a Spanish translation to those candidates who wish to have one, and shall select a person to provide that translation who is one of the following:
A) A certified and registered interpreter on the Judicial Council Master List.
B)An interpreter categorized as “certified” or “professionally qualified” by the Administrative Office of the United States Courts.
C)From an institution accredited by a regional or national accrediting agency recognized by the United States Secretary of Education.
D)A current voting member in good standing of the American Translators Association.
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EXHIBIT 2
E)A current member in good standing of the American Association of Language Specialists.
c)1)In addition to the statement prepared pursuant to subdivision (a), if the elections official who is conducting the election permits electronic distribution of a candidate’s statement, the governing body of a local agency may permit each candidate for nonpartisan elective office in the local agency to prepare a candidate's statement for the purpose of electronic distribution pursuant to this subdivision. 2)A statement prepared pursuant to this subdivision shall be posted on the Internet Web site of the elections official, and may be included in avoter's pamphlet that is electronically distributed by the elections official pursuant to Section 13300.7, but shall not be included in a voter's pamphlet that is printed and mailed to voters pursuant to subdivision (b).
3)A statement that is printed in the voter's pamphlet and mailed to voters pursuant to subdivision (b) shall be included with the statement that is prepared and electronically distributed pursuant to this subdivision. 4)A statement that is prepared and electronically distributed pursuant to this subdivision shall be displayed in type of uniform size and darkness, and with uniform spacing.
5)The elections official shall provide a Spanish translation to those candidates who wish to have one, and shall select a person to provide that translation who is one of the persons listed in paragraph (2) of subdivision (b). d)The local agency may estimate the total cost of printing, handling, translating, mailing, and electronically distributing candidate’s statements filed pursuant to this section, including costs incurred as a result of complying with the federal Voting Rights Act of 1965, as amended. The local agency may 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 county voter information guide or electronically distributed. In the event the estimated payment is required, the receipt for the payment shall include a written notice that 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 local agency 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 local agency may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the local agency that, or the elections official who, collected the estimated cost shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. e)This section shall not be deemed to make any statement, or the authors of any statement, free or exempt from any civil or criminal action or penalty because of any false, slanderous, or libelous statements offered for printing electronic distribution pursuant to this section or contained in the county voter information guide. f)Before the nominating period opens, the local agency for that election shall determine whether a charge shall be levied against that candidate for the candidate’s 06/14/2022 D1 6 of 8
statement sent to each voter and, if authorized pursuant to subdivision (c), for the electronically distributed candidate’s statement. This decision shall not be revoked or modified after the seventh day before the opening of the nominating period. A written statement of the regulations with respect to charges for handling, packaging, mailing, and electronic distribution shall be provided to each candidate or his or her representative, at the time he or she picks up the nomination papers. g)For purposes of this section and Section 13310, the board of supervisors is the governing body of judicial elections.
Amended by Stats. 2016, Ch. 422, Sec. 71.5. (AB 2911) Effective January 1, 2017.) 06/14/2022 D1 7 of 8
Vista Municipal Code
Chapter 1.08
Elections
Sections:
1.08.010 Filing Fees
1.08.020 Candidate's Statement; Estimated Costs
1.08.030 Date of General Municipal Election
Section 1.08.010 Filing Fees
A fee of $25.00 is established for filing a candidate's nomination papers for elective office at municipal elections. The filing fee shall be paid to the City Clerk by each candidate for an elective office at the time the candidate files his or her nomination papers. The City Clerk shall cause all such fees collected to be deposited immediately to the General Fund of the City.
Prior Code 2 -12.1; Ord. No. 2003 -8, Amended, 04/22/03) Section 1.08.020 Candidate's Statement; Estimated Costs Pursuant to California Elections Code Section 13307, as amended, at a regular meeting held prior to the date on which the nominating period opens for any regular municipal election or any special or emergency municipal election for the purpose of electing candidates for the offices of Mayor or City Council, the City Clerk shall prepare and present to the City Council an estimate of the total cost of printing, handling, translating, and mailing the candidates' statements filed pursuant to the Elections Code. The City Council may determine, by adoption of resolution effective prior to the opening of the nominating period, (1) whether the limitation upon the length of the candidate's statements shall be increased from 200 to 400 words; and (2) the amount of the pro rata share of the total cost that each candidate filing a statement shall be required to pay in advance to the City. The City Clerk shall collect the amount so determined, if any, from each candidate filing a candidate's statement, as a condition of having the candidate's statement included in the voter's pamphlet.
Prior Code 2 -12.2; Ord. No. 96 -13, Amended, 07/09/96) Section 1.08.030 Date of General Municipal Election
Pursuant to Section 36503.5 of the California Government Code, the General Municipal Election for the City shall be held on the same day as the day of the statewide General Election.
Prior Code 2 -12.3)
1.08(l) (Vista 3/28/11)
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