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HomeMy WebLinkAboutCC RES 2016-59RESOLUTION NO. 2016-59 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 8, 2016 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 8, 2016, 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 The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.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 Spanish. 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. 2016 - 59 SECTION 3. PAYMENT. A. Translations: 1. The candidate shall be required to pay for the cost of translating the candidate's statement into any reauired 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 candidate's statement in English in the main voter pamphlet. 2. The candidate shall be required to pay for the cost of printing the candidate's 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. PM loge OM Ole .. SECTION 7. That all previous resolutions establishing City Council policy on payment for candidates' statements are repealed. ire 2 RESOLUTION NO. 2016 - 59 SECTION 8. That this Resolution shall apply only to the election to be held on Tuesday, November 8, 2016, 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 adjourned regular meeting held on the 30th day of June, 2016, by the following vote, to wit: AYES: HARNIK, JONATHAN, TANNER, WEBER, and SPIEGEL NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: RAC LLE D- . LASSEN, CI CLERK CITY OF PALM DESERT, CALIFORNIA sy ROBERT A. SPIE0YOR 3