HomeMy WebLinkAboutCC RES 2018-40RESOLUTION NO. 2018 - 40
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, 2018
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, 2018, 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 The statement may be withdrawn, but not changed, during the period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 voter information guides and candidates'
statements to all voters in English. The County will mail separate voter information guides
and candidates' statements in Spanish 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 required
languages available at all polling places, on the County's website, and in the Election
Official's Office.
RESOLUTION NO. 2018 - 40
SECTION 3. PAYMENT.
A. Translations:
1. 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) 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 nto 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 voter information guide.
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.
SECTION 7. That all previous resolutions establishing City Council policy on
payment for candidates' statements are repealed.
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RESOLUTION NO. 2018 - 40
SECTION 8. That this Resolution shall apply only to the election to be held on
Tuesday, November 6, 2018, 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 14th day of June, 2018, by the
following vote, to wit:
AYES: HARNIK, KELLY, NESTANDE, WEBER, and JONATHAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
C
we —
RAC HELLE D. KLASS 1(1, CITY CLER
CITY OF PALM DESERT, CALIFOR A
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