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Home My WebLink About06 NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION CANDIDATE STATEMENT REGULATIONSDocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221 FO Agenda Item 6 AGENDA REPORT Reviewed: DS u `' City Manager a5 Finance Director N/A MEETING DATE: JUNE 18, 2024 TO: ALDO E. SCHINDLER, CITY MANAGER FROM: ERICA N. YASUDA, CITY CLERK SUBJECT: NOVEMBER 5, 2024, GENERAL MUNICIPAL ELECTION CANDIDATE STATEMENT REGULATIONS SUMMARY Adoption of the proposed resolution will establish the Candidate Statement regulations for the November 5, 2024, General Municipal Election. RECOMMENDATION That the City Council adopt Resolution 24-38 establishing regulations for Candidate Statements to be submitted to the electorate in the November 2024 General Municipal Election. FISCAL IMPACT There is no fiscal impact to the City associated with this item. The costs associated with candidate statements identified below are costs borne by the candidates. BACKGROUND The City of Tustin's General Municipal Election is scheduled for November 5, 2024, to elect (1) one member of the City Council in District 1, (1) one member of the City Council in District 2, and (1) one member of the City Council in District 4, each for full terms of four years. On June 18, 2024, the City Council will consider adoption of Resolution No. 24-37 (1) calling and giving notice of a General Municipal Election to be held on Tuesday, November 5, 2024, (2) requesting the County of Orange Board of Supervisors to consolidate the General Municipal Election with the Statewide General Election, (3) authorizing the County of Orange Registrar of Voters (ROV) to canvass the election returns, and (4) providing for expenses of the election. Adoption of this proposed Resolution 24-38 is required for the election to proceed as scheduled and to establish regulations for Candidate Statements. DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221 FO Page 2 Historically, the City Council has adopted a 200-word count limit for candidate statements. The attached Resolution No. 24-38 and the recommended action to approve it would allow candidates to choose whether to submit a statement of 200 words or less or of 201- 400 words in length. Based on costs determined by the Registrar of Voters ("Registrar"), candidates who submit a statement of 200 words or less would be charged a smaller amount than those who submit a candidate statement exceeding 200 words. Based on information provided by the Registrar, the estimated costs of the alternative word count limits are as follows: Up to 200 201-400 words: words: City of Tustin, City Council, District 1 $584.85 $784.88 City of Tustin, City Council, District 2 $561.55 $738.28 City of Tustin, City Council, District 4 $589.57 $794.32 Note: The City itself will not incur these costs. The costs associated with each candidate statement are charged to the candidate. Resolution No. 24-38 has been reviewed by the City Attorney. Attachment: Resolution No. 24-38 DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221 FO RESOLUTION NO. 24-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR CITY COUNCIL PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024 WHEREAS, section 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 candidate statement; WHEREAS, the City Council of the City of Tustin wishes to adopt the regulations for candidates for City Council regarding candidate statements submitted to the voters at the election on November 5, 2024; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. GENERAL PROVISIONS. That pursuant to section 13307(b) 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 Tustin on November 5, 2024, may prepare a candidate 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 or 400 words, of the candidate's education and qualifications expressed by the candidate himself or herself. Candidates are cautioned that statements exceeding 200 words require a larger payment by the candidate than those that are limited to 200 words or less. The statement shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form 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. In addition, pursuant to section 13307(c), each candidate for elective office to be voted for at an election to be held in the City of Tustin on November 5, 2024, may prepare a candidate's statement for the purpose of electronic distribution. The statement for electronic distribution and the statement that is submitted for inclusion in the printed voter's pamphlet will be posted on the City's Internet Web, but the statement for electronic distribution shall not be included in a voter's pamphlet that is printed and mailed to voters. A statement that is prepared and electronically distributed pursuant to section 13307(c) shall be displayed in type of uniform size and darkness, and with uniform spacing. SECTION 2. FOREIGN LANGUAGE POLICY. (A) Pursuant to the Federal Voting Rights Act, candidate statements will be translated into all languages required by the Resolution 24-38 Page 1 of 4 DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221 FO County of Orange. The County is required to translate candidate's statements into the following languages: Spanish, Chinese, Korean, and Vietnamese. (B) The County will mail separate voter information guides and candidate statements in Spanish, Chinese, Korean, or Vietnamese to only those voters who are on the County voter file as having requested a voter information guide in a particular language. The County will make the voter information guides and candidate statements in the required languages available at all polling places/voter centers, on the County's website, and in the City Clerk's Office. Pursuant to Elections Code section 13307(c)(5), the City Clerk shall provide a Spanish translation of the statement for electronic distribution to those candidates who wish to have one. SECTION 3. PAYMENT. The City Clerk shall provide an estimate of the total cost of printing, handling, translating, mailing and electronically distributing the Candidate Statements filed pursuant to Sections 1 and 2, 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 the candidate's estimated pro rata share as a condition of having the candidate's statement included in the County voter information guide or electronically distributed. The receipt for the estimated payment shall include a written notice that 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 and the City Clerk are 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 Clerk will require the 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 within thirty (30) days of the election. (A) Translations: 1. The candidate shall be required to pay for the cost of translating the candidate's statement into any required foreign language as specified in Section 2.A. and Section 2.13. above pursuant to Federal and/or State law. 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 Section 2.A. and Section 2.13. above pursuant to Federal and/or State law, but that is requested as an option by that candidate. (B) Printing: The candidate shall be required to pay for the cost of printing the Candidate Statement in the voter's pamphlet in all required languages pursuant to State or Federal law. SECTION 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the voter information guide. Resolution 24-38 Page 2 of 4 DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221F0 SECTION 6. 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 7. All previous resolutions establishing Council policy on payment for Candidate Statements are repealed. SECTION 8. This Resolution shall apply only to the election to be held on November 5, 2024. SECTION 9. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 18th day of June 2024. AUSTIN LUMBARD, Mayor ATTEST: ERICA N. YASUDA, City Clerk, Elections Official APPROVED AS TO FORM: DocuSigned by: 4E6DKEN D I G , City Attorney Resolution 24-38 Page 3 of 4 DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221 FO STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 24-38 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 18th day of June 2024, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. YASUDA, City Clerk, Elections Official Resolution 24-38 Page 4 of 4