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HomeMy WebLinkAboutReso 02-22 Adopting Regs for Candidates for Elective OfficeRESOLUTION NO. 02-22 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO, AND COSTS OF CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT THE CONSOLIDATED SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 7, 2022 THE CITY COUNCIL City of Morro Bay, California WHEREAS, California Elections Code section 13307 provides the governing body of any local agency shall adopt regulations pertaining to materials prepared by any candidate for a municipal election including costs of each candidate statement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: S ECTION 1. General Provisions. Pursuant to California Elections Code section 13307, each candidate for elective office to be voted for at the Consolidated Special Municipal Election to be held in the City of Morro Bay on June 7, 2022, may prepare a candidate s statement on an appropriate form provided by the City Clerk. Such statement may include the name, age, and o ccupation of the candidate and a brief description, not exceeding 200 words, of the candidate's education and qualifications expressed by the candidate himself/herself. Such statement shall n ot include party affiliation of the candidate, nor membership or activity in partisan political o rganizations. The statement shall be filed in the City Clerk's Office at the time the candidate's n omination 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 The statement may be withdrawn, but not changed during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the n omination period. S ECTION 2. Foreign Language Policy. a. Candidates have the option to have their statement translated into another language and printed at an additional cost. Translation will be performed by the County of San Luis Obispo prior to publication. b. Pursuant to the Federal Voting Rights Act, candidate's statements will be translated into all languages as required by the County of San Luis Obispo. c. The County will mail separate sample ballots and candidates' statements in non-English languages (as required by the Federal Voting Rights Act) 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. S ECTION 3. Payment. a. Each candidate is required to pay for the cost of translating and printing his/her candidate statement in English and Spanish (and any language as required by the Federal Voting Rights Act and/or State law) in the voters' pamphlet. 01181.0001/477141.1 Resolution No. 02-22 Page 2 of 3 b. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing each candidate statement filed pursuant to this section, including costs incurred as a result of a candidate choosing to translate a statement into another language, and 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 City of Morro Bay his/her estimated pro rata share as a condition of having his/her statement included in the voters' pamphlet. The e stimate is an approximation of the actual cost that varies from one election to another and the actual cost may be significantly more or less than the estimate, depending upon 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 each candidate for additional actual expense or refund any excess paid, depending u pon the final actual cost. In the event of underpayment, the City Clerk shall require the candidate to pay the balance of the cost incurred. In the event of overpayment, within 30 days after receipt of invoice from the County of San Luis Obispo, the City Clerk shall pro -rate the excess amount among the candidates and refund to each candidate his/her share of the excess amount. S ECTION 4. Additional Materials. No candidate is permitted to include additional materials in the sample ballot package. S ECTION 5. Miscellaneous. a. All translations shall be provided by professionally -certified translators pursuant to state and federal law. b. The Elections Official shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections. S ECTION 6. The City Clerk shall provide each candidate, or his/her representative, a copy of this resolution at the time nominating petitions are issued. S ECTION 7. All previous resolutions establishing City Council policy on payment for candidate statements are hereby rescinded S ECTION 8. This resolution applies only to the election to be held on June 7, 2022, and shall then be rescinded. S ECTION 9 The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. // // // 01181.0001/477141.1 Resolution No. 02-22 Page 3of3 SECTION 10. Effective Date. This Resolution is effective on the day of its adoption. PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 11 t" day of January 2022 by the following vote: AYES' Headding, Addis, Barton, Heller NOES* None ABSENT: None RECUSED: Ford JO EADD1NG-M yor ATTEST: NA SWANSON, City Clerk 01181.0001/477141.1