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HomeMy WebLinkAbout2020-043 - ResolutionRESOLUTION NO. 2020-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS FOR THE NOVEMBER 3, 2020 ELECTION. WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any city may adopt a charge against candidates pertaining to materials prepared by any candidate for municipal election, including costs of the candidates' statement. NOW THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve, declare, determine and order as follows: SECTION 1. General Provisions. That pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at the General Municipal Election to be held in the City of Rancho Cucamonga on November 3, 2020, may prepare a candidate statement on an appropriate form provided by the City Clerk. Such 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. Such statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. Such statement shall be filed in the Office of the City Clerk at the time the candidate's nomination papers are filed. Such statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.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: Additional Materials. No candidate will be permitted to include additional materials in the voter information guide. SECTION 3. FOREIGN LANGUAGE POLICY. Pursuant to the Federal Voting Rights Act, candidate statements will be translated into all languages required by the County of San Bernardino. The County will mail separate sample ballots and candidate statements in the required languages 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. SECTION 4. Payment. The City Clerk shall estimate the total cost of printing, handling, translating and mailing the candidate's statements filed pursuant to the Elections Code, 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 his or her pro rata share as a condition of having his or her statement included in the voter's pamphlet. 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 upon the actual number of candidates filing statements. Accordingly, the 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 cost. In the event of underpayment, the Clerk may require the Resolution No. 2020-043 — Page 1 of 2 candidate to pay the balance of the cost incurred. In the event of overpayment, the Clerk shall prorate the excess amount among the candidates and refund the excess amount paid. 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 all previous Resolutions establishing Council policy on payment for candidate's statements are repealed. SECTION 7. That this Resolution shall apply only to the election to be held on November 3, 2020 and shall then be repealed. PASSED, APPROVED, AND ADOPTED this 3rd day of June, 2020. ATTEST: C,Reynolds, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 3rd day of June, 2020. AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo NOES: None ABSENT: None ABSTAINED: None Executed this 4th day of June 2020 at Rancho Cucamonga, California. ce C)Reynolds, City Clerk Resolution No. 2020-043 — Page 2 of 2