HomeMy WebLinkAboutResolution 94-188 07/18/1994Resolution No. 94-188 N C.S.
of the City of Petaluma, California
1 ADOP'T'ING REGULATIONS
2 REGARDING CAND~ATES FOR ELECTIVE OFFICE,
3 PERTAINING TO CAND~ATES STATEMENTS
4 SUBMITTED TO TTIE VOTERS AT AN ELECTION
5 AND REPEALING RESOLUTION ~6-177 NCS
6 WHEREAS, Section 10012 of the Elections Code of the State of California provides that the
7 governing body of any local agency adopt regulations pertaining to materials
8 prepared by any candidate for a municipal election, including costs of the
9 candidates statement; .
10 NOW, THEREFORE, BE IT RESOLVED, ORDERED, AND DECLARED AS FOLLOWS:
11 1. GENERAL PROVISIONS -Pursuant to Sections 10012 and 10012.1 of the Elections
12 Code of the State of California, each candidate for elective office to be voted for at an
13 Election to be held in the City of Petaluma may prepare a candidate's statement on an
14 appropriate form provided by the City Clerk. The statement may include the name,
15 age and occupation of the candidate and a brief description of no more than 200 words
16 of the candidate's education and qualifications expressed by the candidate himself or
17 herself and shall not in any way make reference to another candidate's qualification,
18 character or activities. The statement shall not include party affiliation of the
19 candidate, nor membership or activity in partisan political organizations. The statement
20 shall be filed in the office of the City Clerk at the time the candidate's nomination
21 papers are filed. The statement may be withdrawn except as provided in Election Code
22 Section 10012.3, but not changed, during the period for filing nomination papers and
23 unti15:00 p.m. of the next working day after the close of the nomination period.
24 2. POLICY -
25 (a) The City Clerk shall print Spanish language translations of candidates
26 who request such printing in the voters pamphlet; and,
27 (b) The candidate shall be required to pay for the cost of printing the
28 candidates statement in English; and,
Kos. No ..............94.-18.8N.cs.
1 (c) The candidate shall be required to pay for the cost of translation of the
2 candidates statement into any foreign language pursuant to State and/or Federal
3 law; and,
4 (d) The candidate shall be required to pay for the cost of printing the
5 candidates statement in a foreign language.
6 3. PAYMENT - At the time of receipt of the candidate's Nomination Paper and the
7 Statement of Qualifications, the City Clerk shall require each candidate filing said
8 Statement of Qualification to pay a partial payment of $140.00 in advance as condition
9 of having that candidate's statement included in the voter's pamphlet.
10 The City Clerk shall estimate the total cost of printing, handling, translating, and
11 mailing the candidate's .statements filed pursuant to this section, including costs
12 incurred as a result of complying with the Voting Rights Act of 1965 (as amended),
13 and require each candidate filing a statement to pay to the local agency his or her pro
14 rata share as a condition of having his or her statement included in the voter's
15 pamphlet. The estimate is just an approximation of the actual cost that varies from one
16 election to another election and may be significantly more or less than the estimate,
17 depending on the actual number of candidates filing statements. Accordingly, the City
18 Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for
19 additional actual expense or refund any excess paid depending on the final actual cost
20 incurred. In the event of overpayment, the clerk shall prorate the excess amount
21 among the candidates and refund the excess amount paid within 30 days of notification
22 of the costs by the County Election Department. Said billing will reflect a credit of the
23 previously paid amount of $100.00.
24 4. ADDITIONAL MATERIALS - No candidate will be permitted to include additional
25 materials in the sample ballot package.
26 5. The City Clerk shall provide each candidate or the candidate's representative a copy of
27 this Resolution at the time nomination petitions are issued.
Reso. 94-188 NCS
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1
1 6. All previous resolutions including Resolution 86-177 NCS establishing council policy
2 on payment for candidates statements are repealed.
3 7. This resolution shall apply at the next ensuing municipal election and at each municipal
4 election after that time.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Apprfovemd as to
Council of the City of Petaluma at a (Regular) ~~@t~X(~~OiOd) meeting r~
on the ..1$th ............. day of ...-.....-.....~a.il~r.....---~-----... ......., 19.9.., by the --•'~`
following vote:
-,•••-•-City Attorney---------
AYES: Parkerson, Read, Hamilton, Barlas, Shea, Mayor Hilligoss
NOES: None
ABSENT: Vice Mayo b ~ ~ '
ATTIJST: ... -- -•.•-•....• .-..• .................•........--•--.... .- •----.-............-•.--•--..... i
City Clerk Mayor
ffc:\word\elect\resos\r~anstm Council File ....................................
en io-s5 His. ~o........94.-.1.8.$...... ,u.cs.