Resolution 16-013 - Regulations for Candidate Statements

Introduced by Council Member Màrquez

RESOLUTION OF THE CITY OF HAYWARD, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, JUNE 7, 2016

WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt resolutions pertaining to materials prepared by any candidate for municipal election, including costs of the candidates' statement; 

NOW THEREFORE, THE CITY COUNCIL OF THE CITY HAYWARD, CALIFORNIA, DOES HEREBY RESOLVE, DELARE, DETERMIN AND ORDER AS FOLLOWS:

SECTION 1. GENERAL PROVISIONS. That pusuant to Section 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 Hayward may prepare a candidates'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 same 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 The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.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. The City Clerk shall comply with all recommendations and standards set forth by the Claifornia Secretary of State regarding occupational designations and other matters relating to elections. 

SECTION 3. FOREIGN LANGUAGE POLICY.

A. Pursuant to the Federal Voting Rights Act, candidate statements will be translated into all languages as required. Alameda County is required to translate candidate's statements into the following langages: Chinese, Spanish, Tagalog, and Vietnamese.

B. The County will mail seperate sample ballots and candidate statements in Chinese, Spanish, Tagalog and Vietnamese 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 candidate statements in the required languages available at all polling places and on the County's website.

SECTION 4. PAYMENT The Alameda County Registrar shall estimate the total cost of printing, handling, translating, and mailing, 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 for his or her estimate pro rata share as a condition of having his or her statement includied in the voter's pamphlet. The estimate is just an approximation of the actual cost. 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 5. The City Clerk shall provide each candidate or the candidate's representative a copy of this resolution at the time of nominating petitions are issued.

IN COUNCIL, HAYWARD, CALIFORNIA January 26, 2016

ADOPTED BY THE FOLLOWING VOTE;

AYES: COUNCIL MEMBERS: Zermeño, Mendall, Jones, Peixoto, Lamnin, Márquez

MAYOR: Halliday

NOES: COUNCIL MEMBERS: None

ABSTAIN: COUNCIL MEMBERS: None

ABSENT: COUNCIL MEMBERS: None