HomeMy WebLinkAboutAgenda Report - December 2, 1987 (78)GENERAL MUNICIPAL
ELECTION APRIL 12,
1988
CC -I8
N"HMBER 2, 1987
The 1988 "General Municipal Election fer, two council seats
will be held on Tuesday, April 12, 1988. The terms of
Council Members Hinchman and Pinkerton are expiring.
By state statute a number of actions and decisions must be
made by the Council prior to the operi ng sf nominations
f.lanuary 114, 1987}:
a) It is necessary that Council adopt a resolution calling .
for the election.
b) The California Elections Code allows each candidate,
for a nonpartisan elective office in a city, to prepare
a statement to be included with the sample ballot and
;nailed to each registered voter.
The law requires the council to adopt a policy no later
than seven days before the nomination period opens
regarding the candidate's obligation for, payment for
candidates' statements. The policy may also include the
City's po,Ition on three additional aspects of the Voters
Pamphlet mailing.
PAYMENT: Elections Code Section 10012 allows the city to
estimate the cost of the Candidate's Statement and require
each candidate filing a statement to pay in advance to the
City his or her pro rata share as a condition of having his
or her statement included in the voters pamphlet. The code
establishes no guidelines for the clerk to follow to bill
the candidates for costs exceeding the estimate. but does
require that aefus,d of any unused deposit must be issued
within 30 days of the election. Unless a court decides
otherwise cities may continue to bill as in the past. The
cost of the Candidates' Statement may be borne by the city,
the candidate, or the cost shared between them. (It should
be noted that the city has Iii the past elected not to
charge candidates for .ne cost of the Candidate's
Statements).
WORD LIMIT: The Council m�,y authorize an increase in the
limitation on words for the statement from 200 to 400
words. (It should be noted that the city has in the past
elected not to increase the word limitation to 400 words).
CuijTI\UFD DECEMPi R laC
SPANISH LANGUAGE_ The city may wish to include a summary
of its policy regarding the e'otinq Rights Act in the policy
resolution. (It should be noted that Federal Caw does not
require Spanish translations except to voters in four
counties. San Joaquin County is not one of the four
mandated counties. The City of Lodi has for many years
undertaken an oral assistance program, ,,;hich is
recommended) .
By law, the City Clerk must issue a copy of the city policy
relating to Candidates' Statements at the time nomination
papers are issued.
c) The City Council may adopt an ordinance requiring a
filing fee, not to exceed $25.00, to be paid at the time
nomination papers are filed. California courts have ruled
that the City Clerk may not refuse to place a candidates
name on the ballot due to an inability to pay the filing
fee. If you cannot waive thkf fee, you must provide an
alternative. Court guidelines are similar to Elections
Code Section 6555 providing for the substitution of four
signatures of registered voters for each one dollar of the
filing fee, or 10} of the total of registered voters in the
district in which he � eks nomination, whichever is less.
The Council must take appropriate action to enact or repeal
the filing fee ordinance sufficiently in advance of the
first day of the nomination process. (It should be noted
that the City has in the past determined that there will be
no filing fee).
d) State Statute allows the Council to set a limit on
clampaign contributions. (It should be noted that the City
has in the past determined that no limit would be set on
campaign contributions).
70. T`4E C!TY C0.uNC';
FrON'i, THE CITY h1aNaGF� S C!FF!CE
SUBJECT:
COUNCIL Co.A:.Jj�NTC_�TIO
APRIL 12, 1988 GENERAL MUiiFCFPAL ELECTION
RECOMMENDED ACTION:
December 2. 1987
We would recommend, based on past policy, 'hat Council adopt the fallowina
resolutions pertaining to the April 12, 1938 General Municipal Election.:
E�) Resolution No. 87-166 - Calling fer the April 12, 1938 General
Municipal Election
b) Resolution No. 87- 167 - Establishing regulations pertaining to
the Candidate's Statement
c) Resolution No. 87-168 - Regarding filing fee for processing
nomination papers
d) Resolution No. 87- 169 - Regarding limits on campaign
contributions
The 1988 General Municipal Election for two council seats will be held on
Tuesday, April 12, 1988. The terms of Council Members Hinchman and Pinkerton
are expiring,
By State Statute a number of actions and decisions must be made by the Council
prior to the opening of nominations (January 14, 1988).
a) It will be necessary for the Council to adopt a resolution
calling for the election. We have attached a sample resolution entitled "A
Resolution of the City Council of the City of Lodi, California, Calling.and
Giving Notice of the Holding of a General Municipal Election to be Held in the
City on Tuesday, April 12, 1988 for the Election of Certain Officers of the
City as Required by the Provisions of the Laws of the State of California
Relating to General Law Cities".
b) The California Elections Code allows each candidate, for a
nonpartisan elective office in a city, to prepare a statement to ')e included
witF the sample ballot and mailed to each registered voter.
The law requires the council to adopt a policy no later than seven days before
the nomination period opens regarding the candidate's obligation for payment
for candidates' statements. policy may also include tate City's position on
three additional aspects of the Voters Pamphlet mailing:
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Uli<1. ,..'iipui=. n! ivN C'rirr NC,. 714 i5
7tpV`k k,, P` nni Ct `„T
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PAYMENT: Elections Code Section, 10012 allows tin: City to estimate
the co -t of the Candidate's Statement and require each candidate { ding a
statement to pay in advance to. the City his or her pro rata share as a
condition of having his or her statement included in the voters pamphlet. 1'he
code establishes no guidelines for the clerk to follow to bili the candidate
for costs exceeding the estimate but toes require that a refund of any unused
deposit must be issued within 30 days of the election. Un- ss a court decides
otherwise, cities may continue to bill as in the past. The cost of the
Candidates' Statement may tie borne by the city, the candidate, or the cost
shared between them. (It should be noted that the city has in the past elected
not to charge candidates for the cost of the Candidate's Statements).
WORD LIMti: The Council may authorize an increase in the llmitati(,n
on words for the statement from 200 to 400 words. (It should be noted that the
city has in the past elected not to increase the word limitation to 400
words).
SPANISH LANGUAGE: The city may wish to include a summory of its
policy regarding the `Jot-'nrRights Act in the policy resolution.. (It should be
noted that Federal Law does not require Spanish translations except to voters
in four counties. San Joaquin County is not one of the four mand4ted
counties. The City of Lodi has for many years unde•taken an oral assistance
program, which we recommend we continue to do).
Attached please find a sample resolution regarding the Candidate's statement
entitled, "A Resolutioi the City Council of the City of Lodi, California,
Adopting Regulaticos for Candidates for Elective Office, Pertaining cc
Materials Submitted to the Electorate and the Costs of the Candidates Statement
for the General Municipal Election to be held in the City en Tuesday, April 12,
1988” for Council's consideration.
8y law, the City Clerk must issue a copy of the city policy relating to
Candidates' Statements at the time nomination papers are issued.
c) The City Council may adopt an ordinance requiring a filing fee,
not to exceed $25.00, to be paid at the time nomination papers are filed.
California courts have ruled that the City Clerk may not refuse to place a
candidates name on the ballot due to an inability to pay the filing fee. if
you cannot waive the fee, you must provide an alternative. Court guidelines
are similar to Elections Code Section. 6575 providing for the substitution of
four signatures of registered voters for each one dollar of the filing fee, or
10% of the total of registered voters in the district in which he seeks
nomination, whichever is less. The Council must take appropriate action to
enact or repeal the filing fee ordinance sufficiently in advance of the first
day of the nomir- i^n process. (It should be noted that the City has in the
past determined Ithere will be no filing fee).
We have attached a sample resolution entitled, "Resolution Determining That
there will be No Filing Fee Charged For The Processing Of A Candidate's
Nomination Papers For the April 12, 1988 General Municipal Election" for
Council's consideration.
COUirCiL COMMLNICATION PAGE NO. ' THR Er EGENERAL [":,UN iC: 'AL' ELECTION
d) State Statute all;,-rs Council to set a limit on campaign
contributions, tit should bir noted tf,at the City has in the past determined
that no limit would be set on campaign contributions}.
tie have attached a sample resolution Entitled, "Re..,olution Determining that No
Limit Shall be Set on Campaign Contributions for the April 12, 1988 General
Municipal Election" for Council's cons-:Jeration.
Alice M. Reimche
City Clerk