HomeMy WebLinkAboutResolutions - No. 2012-88 ERRESOLUTION NO. 2012-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI, 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 6,2012
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 candidates
statement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LODI,
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 Lodi on November 6, 2012, 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 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 The statement may be withdrawn, but not changed, during the period for filing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, the City Clerk shall have all
candidates statements translated into Spanish.
B. Pursuant to State law, the candidate's statement must be translated and
printed (in the voters pamphlet) in any language at the candidates request.
C. The City Clerk shall:
1. Translations:
(a) have all candidates statements translated into the language specified
in (a) above.
(b) have translated those statements into the languages as requested by
the candidate in (b) above.
2. Printing:
(a) print any translations of candidates who so request printing in the
voters pamphlet.
SECTION 3. PAYMENT.
A. Translations:
The candidate shall be required to pay for the cost of translating the
candidates statement into any required foreign language as specified in
(a) and/or (b) above pursuantto Federal and/or State law.
Resolution No. 2012-88
June 6,2012
Page Two
2. The candidate shall be required to pay for the cost of translating the
candidate's statement into any foreign language that is not required as
specified in (a) and/or (b) of Section 2 above, pursuant to Federal and/or
State law, but is requested as an option by the candidate.
B. Printing:
1. The candidate shall be required to pay for the cost of printing the
candidate's statement in English in the voters' pamphlet.
2. The candidate shall be required to pay for the cost of printing the
candidate's statement in a foreign language in the voters' pamphlet.
The City Clerk shall estimate the total cost of printing, handling, translating, and mailing
the candidate's 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 30 days of the election.
SECTION 4. ADDITIONAL MATERIALS. No candidate will be permitted to
include additional materials in the sample ballot package.
SECTION 5. 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 6. That this resolution shall apply only to the election to be held on
November6, 2012, and shall then be repealed.
SECTION 7. That the City Clerk shall certify to the passage and adoption of
this resolution and enter it into the book of original resolutions.
Dated: June 6, 2012
I hereby certify that Resolution No. 2012-88 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held June 6, 2012, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian,
Nakanishi, and Mayor Mounce
NOES: COUNCIL MEMBERS— None
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS— N e
I
City Clerk
2012-88