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Home My WebLink AboutD - Candidate's Statement0 1] 0 Candidate's Statement Guidelines Formatting Guidelines Word Count Standard Candidate's Statement Guidelines 10 The filing of a candidate's statement is optional. This must be filed the some time that the Declaration of Candidacy is (nomination paper) filed. Each candidate may prepare a candidate's statement that 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 /herself. Candidate's Statement is subject to certain rules on format, word count, confidentiality, cost, submission /withdrawal, and minority language provisions. The candidate's statements are published in the voter's sample ballot pamphlet sent to each registered voter. The candidate's statements shall not include the party affiliation of the candidate, nor the membership or activity in any partisan political organizations (EC 513307). ® Any candidate's statement shall be limited to a recitation of the candidate's own personal background and qualifications and shall not in any way make reference to other candidates for that office or to another candidate's qualifications, character, or activities. The elections official shall not cause to be printed or circulate any statement that the elections official determines is not so limited or that includes any reference prohibited (EC §13308). When the statement is filed, a copy of the signed statement and the signed deposit agreement will be given to the candidate. Format: Candidate's Statement must be submitted in WORD on flash drive (provided) and will be printed exactly as submitted (grammar and typographical errors will not be corrected). Candidates are advised to carefully check their statement for errors in spelling, punctuation, and grammar. See: "Candidate Statement Formatting Guidelines ". If the text exceeds the 200 -word limit, the candidate must delete or change a ® sufficient number of words or sentences to meet the required word limit before the statement is filed. After the statement is filed, if the text exceeds the word limit, the City Clerk shall delete a sufficient number of words, or sentences, to put it within the required limit. Other than formatting requirements, your statement will be printed as filed. The scanning equipment used by the Registrar of Voters' office to produce camera ready copy for Sample Ballot Pamphlet printing has some limitations; therefore, the style of the Candidate's Statement of Qualifications must conform to the sample given. Confidentiality: The candidate must sign and date the statement before it is filled. All Candidates' Statements remain confidential until the expiration of the filing deadline. (EC §13311) Copies of all Candidates' Statements will be available for public inspection in the City Clerk's Office after the close of nominations. (EC §13313) Word Count: See: Word Count Standard for Candidate's Statement of Qualification (§ 9) Cost: • Each candidate filing a statement is required to pay a deposit in advance an estimated pro rata share as a condition of having his /her statement included in the voter's pamphlet. The cost is estimated to be $582 for City Council (in the event of a run -off election the additional estimated cost is $100). The local agency may 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 federal Voting Rights Act of 1965, as amended. In the event of underpayment, the local agency may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the local agency which or the elections official who collected the estimated cost shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. Nothing in this section shall be deemed to make any statement or the authors thereof free or exempt from any civil or criminal action or penalty because of any false, slanderous, or libelous statements offered for printing or contained in the voter's pamphlet. [5ee City Council Resolution Number 6651 regulating Candidates' Statements.] • 2of3 • Note: Fb Submission /Withdrawal The Candidate's Statement must be signed and dated by the candidate and must be filed at the time that the nomination paper is 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 - August 12, 2016. Minority Language Provisions: Due to minority language provisions of the Federal Help America Vote Act (HAVA), Orange County Cities are required to provide election materials in the Spanish, Chinese, Vietnamese, Korean, Japanese, Hindi, Tagalog, and Khmer languages in addition to English. The materials covered by this Act include Candidates' Statements. The City of Seal Beach has less than 1% of total foreign languages requested - ® since the City has consolidated the election with the county we are required to follow the requirements of the county. r 3of3 Required to be given to candidate Candidate retains LITERATURE REQUIREMENTS § 16, Elections Code A copy of Section 84305 of the Government Code shall be provided by the elections official to each candidate or his or her agent at the time of filing the declaration of candidacy and to the proponents of a local initiative or referendum at the time of filing the petitions. MASS MAILING REQUIREMENTS § 84305, Government Code (a) Except as provided in subdivision (b), no candidate or committee shall send a mass mailing unless the name, street address, and city of the candidate or committee are shown on the outside of each piece of mail in the mass mailing and on at least one of the inserts included within each piece of mail of the mailing in no less than 6 -point type which shall be in a color or print which contrasts with the background so as to be easily legible. A post office box may be stated in lieu of a street address if the organization's address is a matter of public record with the Secretary of State. (b If the sender of the mass mailing is a single candidate or committee, the name, street address, and city of the candidate or committee need only be shown on the outside of each piece of mail. (c) If the sender of a mass mailing is a controlled committee, the name of the person controlling the committee shall be included in addition to the information required by subdivision (a). PENAL PROVISIONS = ELECTION CAMPAIGNS § 18303, Election Code Every person who violates Section 84305 of the Government Code relating to mass mailing is subject to the penal provisions set forth in Chapter 11 (commencing with Section 91000) of Title 9 of the Government Code. § 91000, Government Code (a) Any person who knowingly or willfully violates any provision of this title is guilty of a misdemeanor. (b) In addition to other penalties provided by law, a fine of up to the greater of ten thousand dollars ($10,000) or three times the amount the person failed to report properly or unlawfully contributed, expended, gave or received may be imposed upon conviction for each violation. (c) Prosecution for violation of this title must be commenced within four years after the date on which the violation occurred. § 91001, Government Code (a) The Attorney General is responsible for enforcing the criminal provisions of this title with respect to state agencies, lobbyists and state elections. The district attorney of any county in which a violation occurs has concurrent powers and responsibilities with the Attorney General. (b) The civil prosecutor is primarily responsible for enforcement of the civil penalties and remedies of this title. The civil prosecutor is the commission with respect to the state or any state agency, except itself. The Attorney General is the civil prosecutor with respect to the commission. The district attorneys are the civil prosecutors with respect to any other agency. The civil prosecutor may bring any civil action under this title which could be brought by a voter or resident of the jurisdiction. Upon written authorization from a district attorney, the commission may bring any civil action under this title which could be brought by a voter or resident of the jurisdiction. Under such circumstances, Section 91007 shall not apply to the commission. (c) Whether or not a violation is inadvertent, negligent or deliberate, and the presence or absence of good faith shall be considered in applying the remedies and sanctions of this title. CAFORMS \Nomination Documents \Literature Requirements.doc 2015 / Revised 05/2015 - MC Elections Required to be given to candidate Candidate retains DEFINITION OF MASS MAILING AND SENDER § 18435, California Code of Regulations • (a) A "mass mailing" has been made when over two hundred substantially similar pieces of mail have been sent within a calendar month. (b) The sender, as used in Government Code Section 84305, is the candidate or committee who pays for the largest portion of expenditures attributable to the designing, printing, and posting of the mailing which are reportable under Government Code Sections 84200 - 84217. (c) For purposes of this section to "pay for" a share of the cost of a mass mailing means to make, to promise to make, or to incur an obligation to make, any payment: (1) To any person for the design, printing, postage, materials or other costs (including salaries, fees, or commissions) of the mailing; or (2) As a fee or other consideration for an endorsement or, in the case of a ballot measure, support or opposition, in the mailing. (d) The identification required by Section 84305 shall be preceded by the words "Paid for by." These words shall be presented in the same size and color as the identification required by Section 84305, and shall be immediately adjacent to and above or immediately adjacent to and in front of the required identification. (e) The requirements of Section 84305 to identify the name of the candidate or committee sending a mass mailing apply to over 200 substantially similar messages distributed to the public through electronic mail by a candidate or committee within a calendar month. Note: Authority cited: Section 83112, Government Code. Reference: Sections 82041.5 and 84305, Government Code. § 18435.5, California Code of Regulations • (a) Section 84305.5 requires a slate mailer to identify the slate mailer organization or committee sending the slate mailer, and to designate by an asterisk (') each candidate and each ballot measure supported or opposed in a slate mailer for which payment of $100 or more has been received by the organization or committee (either from the candidate, ballot measure committee, or from any other person "at the behest" of a candidate or ballot measure committee as defined in Regulation 18225.7). (b) To ensure that it is easily legible, the Notice to Voters required by Section 84305.5 shall appear with a reasonable degree of color contrast between the background and the statement and must appear on a plain background, not superimposed over an illustration or a patterned background. Examples of a reasonable degree of color contrast that would meet the standard required by Section 84305.5 are when the disclaimer is printed in black text on a white background or a similar degree of color contrast between the background and the text of the disclaimer. (c) Slate Mailers in Multiple Languages. The Notice to Voters in a slate mailer shall appear in English. In addition, if all or a significant portion of the slate mailer appears in a language other than English, the Notice to Voters must also appear in that language. (d) In addition to applying to slate mailers sent by traditional mail, the slate mailer identification and disclaimer requirements of Section 84305.5 apply to slate mailers distributed electronically. Note: Authority cited: Section 83112, Government Code. Reference: Section 84305.5, Government Code. 0 09FORMS \Nomination Documents \Literature Requirements.doc 2015 / Revised 05/2015 MC Elections WORD COUNT STANDARD FOR CANDIDATE'S STATEMENT OF QUALIFICATIONS ( §9 — entire page) Each word shall be counted as one word except as specified on this page. The following are the guidelines for computing the word count: The title of the office, name, district, age, and occupation lines are not included in the word count —only the text is counted. For voter - nominated offices, the party preference line is also not included in the word count. Punctuation marks are not included in the word count. Symbols such as " &" (and), and " #" (number /pound) are not considered punctuation ................... ............................... each symbol is counted as one word Dictionary words ....................... ............................... ............................one word The words "a ", "the ", "and ", and "an" are counted as individual words. Geographical names -- limited to cities, counties, and states .....................one word Examples: County of Orange, Orange County, San Juan Capistrano, City of Brea Abbreviations - UCLA, U.C.L.A., PTA, P.T.A., USMC, U.S.M.0 .....................one word Acronyms................................ ............................... ............................one word Regularly hyphenated words appearing in any generally available standard reference dictionary published in the United States within 10 years preceding the election. Each part of all other hyphenated words shall be counted as a separate word.......... one word Dates - all digits ( 4/ 8/ 98) ............. ............................... ............................one word Words and digits (April 8, 1998) . ............................... ............................two words Whole numbers - Digits (1 or 10 or 100, etc.) ................. ............................one word Spelled out (one or ten or one hundred ) ......................each word counts as one word Names of persons and things .......... ...........................each word counts as one word Gus Enright (two words); L.A. Basketball Team (three words) Numeric combinations (1973, 18 1/2, 1971 -73, 5 %) ........ ............................one word Monetary amounts (if the dollar sign is used with figures - $1,000) ..................one word Spelled out (one thousand dollars) .. ...........................each word counts as one word Telephone /fax numbers .............. ............................... ............................one word E -mail and website addresses .... ............................... ............................one word If the text exceeds the word limit, the candidate must delete or change a sufficient number of words, or a sentence, to put the statement within the required word limit before the statement is filed. The candidate should correct any misspellings before the statement is filed. Other than formatting requirements, your statement will be printed as filed. The submitted statement must be typed. No word will be printed in "ALL CAPS ", bolding or underlining. Do not use bullet points, stars, asterisks, or numbers that function as bullet points to block- indent paragraphs. However, you may block - indent within the paragraph without using bullets, etc. See "Candidate's Statement Formatting Guidelines" for more information. The scanning equipment used by the Registrar of Voters' office to produce camera ready copy for Sample Ballot Pamphlet E., printing has some limitations; therefore, the style of a Candidate's conform to the sample you are given. Excessive number of paragraphs or block- indentation in a Candidate's Statement ' may cause the statement to not fit in the allotted space even though the word count hasn't exceeded the maximum number of words. If the statement does not fit into the box, you will be asked to edit your statement. Keep this in mind as you write and format your statement. IMPORTANT: The Candidate's Statement may make no reference to another candidate. The statement may include a description of the candidate's education and qualifications expressed by the candidate himself /herself. § 13308 THE PRECEDING INFORMATION SHALL NOT APPLY TO COUNTING WORDS FOR BALLOT DESIGNATIONS UNDER SECTION 13107 The candidate must sign and date the statement before it is filed. All statements are confidential until the expiration of the filing deadline. The candidate is required to pay the estimated cost of the statement and sign a Deposit Agreement at the time the statement is filed. When the statement is filed, a copy of the signed statement and the signed Deposit Agreement will be given to the candidate. § 13311 The statement must be filed at the same time that the Declaration of Candidacy is filed. The statement may be withdrawn, but not changed, during the period for filing nomination documents and until 5:00 p.m. of the next working day after the close of the nomination period. § 13307(a)(2) NOTE: A nomination period may be extended because an incumbent, eligible to be elected, failed to file a Declaration of Candidacy. Candidates' Statements for that particular office filed by either candidate prior to the 88th day before the election or during the extended period, may be withdrawn, but not changed, until March 14, 2016, 5:00 P.M. § 8022 Ell