HomeMy WebLinkAboutCC RES 2012-47RESOLUTION NO. 2012 - 47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
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 6, 2012
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 candidate's statement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT,
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 for elective office to be voted for at an Election to be held in the City of
Palm Desert, California, on Tuesday, November 6, 2012, 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statement may be withdrawn, but not changed, during the period for filing nomination papers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.
SECTION 2. FOREIGN LANGUAGE POLICY.
A. Pursuant to the Federal Voting Rights Act, candidates' statements will be
translated into all languages required by the County of Riverside. The County is required to
translate candidates' statements into the following languages: Spanish.
B. The County will print and mail sample ballots and candidates' statements to all
voters in English. The County will mail separate sample ballots and candidates' statements
in Spanish to only those voters who are on the County voter file as having requested a sample
ballot in a particular language. The County will make the sample ballots and candidates'
statements in the required languages available at all polling places, on the County's website,
and in the Election Official's Office.
RESOLUTION NO. 2012 - 47
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.
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.
The City Clerk shall estimate the total cost of printing, handling, translating, and mailing
the candidates' 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 voters' 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 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 City Clerk may require the candidate to pay the balance
of the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess
amount among the candidates and refund the excess amount paid within a reasonable
amount of time after the election.
SECTION 4. MISCELLANEOUS.
A. All translations shall be provided by professionally certified translators.
B. The City Clerk shall allow underlining, capitalization, indentations, bullets,
leading hyphens to the same extent and manner as allowed in previous City elections.
C. 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.
SECTION 5. ADDITIONAL MATERIALS. No candidate will be permitted to include
additional materials in the sample ballot package.
SECTION 6. 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.
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SECTION 7. That all previous resolutions establishing City Council policy on payment
for candidates' statements are repealed. ..
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RESOLUTION NO. 2012 - 47
SECTION 8. That this Resolution shall apply only to the election to be held on
Tuesday, November 6, 2012, and shall then be repealed.
SECTION 9. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert,
California, at its regular meeting held on the 28th day of June, 2012, by the following vote,
to wit:
AYES: BENSON, FINERTY, HARNIK, KROONEN, and SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
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HEL D. KLASSENJCITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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ROBERT A. SPIE L, `OR
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