HomeMy WebLinkAbout1991/05/14 Item 8
COUNCIL AGENDA STATEMENT
Item
i
Meeting Date 5/14/91
SUBMITIED BY:
Resolution It.. 'St Appropriating funds for the Special Municipal
Election to be held on June 4, 1991
Beverly A. Authelet, City Cl~
ITEM TITLE:
(4/5ths Vote: Yes.1L No ~
RECOMMENDATION: It is recommended that the City Council appropriate $117,000 from
the general fund to Account No. 100-0170-5202 to cover costs for the special municipal
election scheduled for June 4, 1991, which appropriation will operate to ratify the City
Clerk's expenditure of $5,000 to the Registrar of Voters to reprint the ballot in order to
show Mr. Piantedosi's name on the final ballot as "Robert 'Bob' Piantedosi" instead of "Bob
Piantedosi".
BACKGROUND: On February 26, 1991, City Council approved Resolution 16077 which
called a special municipal election to be held on June 4, 1991 for the election of Mayor.
The Resolution also requested the Registrar of Voters to conduct the election. However,
funds were not appropriated for the election at that time. The County of San Diego is now
requiring that the cost of the election be paid upfront in order for them to have funds
available to pay bills as services are rendered.
The Piantedosi Ballot Problem
Five thousand dollars ($5,000) of the appropriation request is to ratify the City Clerk's
decision, made in conjunction with the City Attorney, to reprint the ballots in order to
show the name of Candidate Piantedosi as "Robert 'Bob' Piantedosi" on the "real" ballot
instead of "Bob Piantedosi".
On the form filled out by Mr. Piantedosi, he requested that his name appear as Robert
"Bob" Piantedosi.
Due to error in our Office, the ballot information was transmitted to the County Registrar
of Voters as "Bob Piantedosi".
As a result of this error, the County's printer printed the voter pamphlets (56,000i:) with
Mr. Piantedosi's name shown as requested as "Robert 'Bob' Piantedosi on page 6 in the
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statement of qualifications section, but on the first page of the voter pamphlet and on the
real ballot to be taken into the polling places, it appeared as "Bob Piantedosi". See voter
pamphlet, Exhibit A.
A printer's "proof sheet" was made available to the City Clerk, the Registrar of Voters, all
candidates, and all voters in the form of Exhibit B for a minimum period of 10 days
pursuant to Election Code Section 10013.5, commencing April 4, 1991.
Election Code Section 10013.5 provides that the election official shall provide for a 10
calendar day examination period for all candidates to examine the "proof sheet" and make
any objections. Any objections that could not be immediately reconciled can be made the
subject matter of a writ proceeding. The availability of this inspection period is pointed
out to all candidates in the election material provided to them, a copy of the pertinent page
of which is attached as Exhibit C.
Had this error been detected by either the City Clerk or Candidate Piantedosi, it would
have been corrected to read in the manner requested.! However, the error was not
detected, and all voter pamphlets and ballots went to print.
On Wednesday morning, May 8, Mr. Piantedosi called the Clerk's Office to check on how
his name would appear on the ballot. He had just seen the published legal notice on which
his name was listed as Bob Piantedosi.
Costs to Cure.
In order to reprint new voter pamphlets, the County Registrar estimated approxinJately
$20,000. However, a loose, single-page, unaffixed insert to the voter pamphlet would have
cost approximately $2,400. In order to reprint the "real" ballots, the County Registrar
estimated $5,000.
Meetinsr with Mr. Piantedosi.
The City Attorney and the City Clerk met with Mr. Piantedosi on Wednesday, May 8, at
5:30 p.m.. Despite being advised of the various costs, and staffs willingness to reprint the
ballots at a cost of $5,000, Mr. Piantedosi insisted on a correction of the voter pamphlet
on the sample ballot page, either by a full reprint (at a cost of $20,000), or by a special
rubber-stamped addition to the sample ballot page.
1. In the future, we will more thoroughly examine the propriety of using nicknames on ballots. However,
since it was allowed on the Statement of Qualifications, the Election Official is obligated to permit it for this
election despite the contention that it is not part of the candidate's real name.
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LeS!al Matters.
The City has no legal liability for making the correction once the 10 day examination
period expired. The sole remedy provided for by the Code was a writ proceeding to be
brought during the 10 day examination period. However, Mr. Piantedosi did not know of
the 10 day examination period despite its availability in the election notebook provided to
him by the City Clerk.
ReasoninS! behind Staff Solution.
Staff was required to act by Friday at Noon to meet the printer's deadline, and did not have
the time to obtain advance Council review and approval.
City Clerk, in consultation with the City Attorney, decided to provide for the reprinting of
the "real" ballots at a cost of $5,000. However, she rejected the complete reprint of the
voter pamphlet for the following reasons: It was felt that the error was shared somewhat
with the candidate because he could have corrected it by examining the "proof sheet". It
is an error of a deminimus nature. The expense was too high in comparison with the
egregiousness of the error. It was also felt that it is common knowledge that Bob is
nickname for Robert. If it were not known to the specific voter, it could be discerned that
"Robert 'Bob' Piantedosi" shown in the statement of qualifications was the same person
shown on the sample ballot as "Bob Piantedosi" since there were no other "Piantedosi's" on
the ballot.
She rejected the special insert proposal because it was felt that it would add substantial
additional confusion to the voter pamphlet, and upon comparison to the original sample
ballot, would demonstrate that the only difference would be Mr. Piantedosi's official first
name. This was felt to draw improper additional attention to one candidate over the
others. It was felt that the City must appear absolutely neutral during the election process.
FISCAL IMPACf: Appropriate $117,000 from the general fund to Account No. 100-0170-
5202.
Attach.
Voter Pamphlet, Exhibit A #10" Sf-AliI/Eli
Proof Sheet, Exhibit B " "
Candidates Statement of Qualifications Form, Exhibit C
GC @10013.5
Letter from Registrar of Voters
Resolution
f.3
RESOLUTION NO. 16152
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING FUNDS FOR THE
SPECIAL MUNICIPAL ELECTION TO BE HELD ON JUNE
4, 1991
The City Council of the City of Chula vista does hereby
resolve as follows:
WHEREAS, on February 26, 1991, the City Council approved
Resolution No. 16077 which called a special municipal election to
be held on June 4, 1991 for the election of Mayor; and
WHEREAS, the Registrar of
conduct the election, however, funds
the election at that time; and
Voters was requested to
were not appropr ia ted for
WHEREAS, the County of San Diego is now requiring that
the cost of the election be paid upfront in order for them to
have funds available to pay bills as services are rendered; and
WHEREAS, the County has estimated that the cost for the
special election will be approximately $112,000; and
WHEREAS, $5,000 is
reprint the ballots in order
Piantedosi as "Robert 'Bob'
instead of "Bob piantedosi".
requested
to show
piantedosi"
to
the
on
be appropriated to
name of Candidate
the "real" ballot
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby appropriate $117,000 from the
unappropriated balance of the General Fund to ACcount NO.
100-0170-5202 for the Special Municipal Election to be held on
June 4, 1991.
8823a
Presented by
Beverly A. Authelet, City
Clerk
1,1/ /8".3
Exhibit A
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II
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CllY OF
CHUlA VISTA
allot & Voter Information Pamphlet
L MUNICIPAL ELECTION
.M. AND CLOSE AT 8 P.M.
R POLLING PLACE
IS SHOWN ON E BACK COVER
PLEASE TAKE THIS PAMPHL WITH YOU TO THE POLLS
Administere by:
Office of the Ci lerk
A Spanllh Vota. Inlonnatlon Pamphlet II a.alla
Offlca 01 the Regll"" 01 Vot....
Exists un Panfleto de Informacion en Espa I para 81 Padron
Electoral y 8Sta disponible en 18 Oficina de R Istro del Padron
Electoral. Solidtelo, 51 Ie as necesario.
Compiled and Distributed by:
CONNY B. McCORMACK, REGISTRAR 0 VOTERS
5201 Ruffin Road, Suite I, San Diego, CA
Phone: (619) 565-5800
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OFFICIAL BALLOT
OF CHULA VISTA
SPECI MUNICIPAL ElECTION
Tu. .y. Jun. 4. 1991
I HAVE V D - HAVE YOU?
MAYOR (Term llpiting 19941
JOSEPH O. ALBERT
Sales
Economics Student.
Councilman/Prosecutor
Public Administrator
iletired Navy
10001-413
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CITY OF CHULA VISTA
Mayor
NICK AGUILAR Age: 44
School Board Member/Attorney
NICK has been YOUR REPRESENTATIVE on the Sweetwater SCHOOL BOARD since 1983 and
Is pa.t President 01 the Board.
NICK was RAISED IN THE SOUTH BAY, attended Southwestern College, and I. a gradueta 01
UCSD.
NICK Is a DECORATED WAR VETERAN: Purple Heart and Distinguished Servlca medal.
NICK has a long record 01 active participa1lOn In' COMMUNITY SERVICE groups Including the
lion's Club and VFW. '
NICK is an ATTORNEY with 14 YEARS MANAGEMENT EXPERIENCE: As a School Board
member he oversees $120 million annual budget.
NICK co-lounded a non-prolit corporation that bulK and manages SENIOR CITIZEN and
DISABLED HOUSING. .
NICK has a STRONG ANTI-CRIME RECORD: As a School Board me.mbar he consistently
supportad gang prevention and grallill eradication.
NICK will promote a STRONG BUSINESS BASE lor Chula VISta.
NICK will In.l.t on MANAGED GROWTH to ensure that water resource., poIlca protection,
schools and streets keep pace with new developmant.
NICK propose. to expand NEIGHBORHOOD ACCESS TO CITY HALL through establishment
01 Community Planning Groups.
NICK I. an experienced communicator who will BUILD CONSENSUS on the City Council.
NICK i. a proven leader and experienced manager who will effectively represent ALL CHULA
VJSTA'S diverse communities.
NICK: Tha people's choice lor CHULA VISTA MAYORI
CITY OF CHULA VISTA
. Mayor
FRED DREW Age: 61
Writer (Navy)
FRED DREW earned 5,838 vote. In November. That was spectacular because he spent only
$500.00 while the other candldatas spent ..veral thousands. He proved that we, the people
can take control 01 our government back from the _iopere and other special Intere.ts.
Wtth your help, this time FRED DREW will aee to K that your needs will be addre.sed lor a
change. FRED DREW will deland your horne, your lamlly, and your neighborhood from the
problems 01 blg-cily drugs, 1tr881 crime, tralllc congestion, and misuse 01 our watar supplle..
FRED DREW wants a coaIttIon 01 nearby mayors to bring 1_ help with local problems from
the Intamational border,
FRED DREW has been ..rvlng your public Interests lor 25 years as an activlat and spokesman
lor public cau.... He has caused the Installation 01 traffic-llghta, aldewalks, street paving. and
many other salety devices where they were needed. He has consl.tantIy represented individuals
and lamllle. at every nearby city council, at the Board 01 Supervisors, and even to the Congress
01 the Untted Statas, He wIU lead thiS city council away from apecIaIlntarests, and back Into
your ..rvIce again.
A VOTE FOR DREW IS A VOTE FOR YOUI
CS-133l1-1
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BOB BEYERLE
Plumbing Contractor
It's 1991.
Traffic gridlock, air poIIuIian. crtme hi r8IIlp8nt de>eIopment are parslyzing Chula Vista.
The poIitIclena, ... cIllYeIqiers and _ allomeys have created a mess. A mess we've had to
IiY8 with.
It's time lor a change. BOB BEYERLE wi! bring lhal change. It's time to clean up lha mess snd
bring quality 0I1IIe back to ChuIa VIsta.
BOB BEYERLE, as meyor. wi! provide a vision shared by lha cIlizens ollhls cIly. A vision 01
an envlronmentaly c:onc:amed cIly government. A vision lhallncludes lha experience 01 our
older citizens as - as ... _'91 01 our youth. A vision lhal respects lha ethnic diversity 01
our oommunIly. A vision that doesn't dump every sociaJ UI on our police.
BOB BEYERLE believes _ should no longer elect politicians who give lip service to lha
environment. We can'l count on poIitlcians who wan Uvough five yesrs 01 droughllO solve the
wster crisis. We cennot allord any more cIly giveaways to developers and big businesses.
BOB BEYERLE Is a successful hi -",noed small busine.. owner. He is an experienoed
gra.. rOols political activist.
BOB BEYERLE Is a lifelong ChuIa Vistan.
BOB BEYERLE Is a meyor who'U work lor you.
CITY OF CHULA VISTA
MayOI'
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TIM NADER
City Councllman/Crlmlnal Proucutor
TIm Nader, a IlfeIong ChuIa VIsta resldenl,1s the only candidate with currenl experience on the
City CouncI.
Nader votes against rapid cIeve/apment lhatllveatena water shortages. traffic congeslion and
air pollution.
Nader Is tile only candidate who proposed charging developers lor desalinalion planls
-experts say ... aitarllallve could be rslsing yDIII' watar billa 10 Iimesl Nader voted agalnsl
raialng _10 pay lor development.
Nader has -.cIlor tougher laws to proteCt our cIlizans In>m drugs, gengs and crime. Nader
aupported a successful program to take taen-age hookers 011 our straels. Nader initiated Chula
Vlata's program 01 anti-gang Ado""'....... VIolent crtme In Chula VIsta haa gone down while n goes
up .1Iewhere.
Nader Is ... candidate wtIIl a raoord 01 supporting child cars and ssnlor ssrvices. Nader Is th.
only candidate who proposed an economic developmant plan to asaura Iulure job opportunnlas.
Nader InSlatad c:iIy employees caiI8d to aClive mlln&ry duly rscalva full compensalion. and
successlully passed a valid city law prohlblting flag burning.
Nader Is the only candidate who has baan worldng to stop an aJrportlhat would prodUDS massive
notse and traffic flom being built next to our cIly.
Nader's raoord proves he puIS lha public interest first.
CITY OF CHULA VISTA
Mayor
cs.1~
ID DO,oIII
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CITY OF CHULA VISTA
Mayor
DAVID E. CAMPBELL Age: 52
Retired Pacific Bell Management
Resident of Chula VIsta 38 years. MerTled to Betty Jeanne Kenclan over 33 years. Four children.
,three grandchildren. Served In U.S. Army, Ca. National Guard, & U.S,A.F. rye.
I have devoted over 30 years to dedicated _ I8rvtce, C.V. of Christ and S.D.
ChrlsUan FoundaUon, C.V. Chapter American Red Cross Board of lsors, S,D. Office of
Emergency Management, Telephone Pioneers of AmerIca, C.V. Pol' lde-along Program, S.D.
; County Servtce to Children Day Care, AmerIcan Foreign Student t Family, Hilltop Jr. High
, hool Band Booster, C.V. American Utt1e Leagua Coach, n AasoclaUon Of Blood
nks, Boy & Glri Scouts of America. United Way Campaign, sUonal Order of DeMoIay,
, la Vista Masonic Lodge.
I ve the most Important Issues faclng our city In the 1 's are growth management. money
men' ment. and water resources.
As s ,or, elected by the citizens of Chula Vista ave no obllgaUon to anyone but you the
voters. 'II always try to keep your best Interes nd what's best for our beautiful city In mind.
when ma decisions. My telephone num and will always be a published number.
I am willing able to _ mysaU to me I8rvtce to the city and citizens of Chula Vista.
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C S CHASE
ecutlve Director
We must coritinua our work to meke e '
city safe, sound and IIlO'Iing forward. Tha
Our City needs the 8ffectlve mey...af leade
DEFINE Quality of Ute In human ferms not )u
CREATE more opportuntttes for youth and san
FOCUS on an of the people of Chule VIsta-not
ESTABLISH eoonornlc Independenoe that wID ensure
CHRIS CHASE can belanoe our cultural, environmental
community.
CHRIS CHASE Is qualified to be our Mayor: 20 years of com lty/organlzaUonalleadershlp
.. . . City Council appointee to Chula VlSle, 2000 . . . Member, ula Vista Rotary end Bonita
OptImist. . . Reoognlzed as one of San Diego County's Oulsta Young Citizens (1990 San
Diego Jaycees) . . . Graduate of Chula Vista L88dershlp Program. . Greduate of CSU, Fullerton.
Chris, and his wife. Sandy, and two teenage sons. are acllve In numerous community and church '
activities.
CHRIS CHASE brings a fresh outlook and new vltalltyl
ON JUNE 4TH. . . VOTE CHRIS CHASE FOR MAYDRI
OF CHULA VISTA
Mayor
Age: 40
place to live even better! And work to keep our
CHRIS CHASE should be our next meyon
CHRIS CHASE can provtde to:
traffic levels end housing starts.
few.
I soundness for our city.
Ic needs to benefit the endre.
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CITY OF CHULA VISTA
Mayor
.
FRANK A. SCOTT Aga: 57
Businessman . Flnanc:ial Consultant
Greduated Sweetwater Union High 5chooI - San Diego State University. B.S. In Business
Management. Gr8duating with high honors and distinction In major. U.S. Navy (Koraan War).
Frank and CoIeen have been merried 38 years. They have thl1l8 children: Karen, Suzanne and
Torn.
Scott has been an active _r In C
Councillor over 17 years. He was e 'nled Mayor lor 3 1/2 months.
Scott was choean Chula VIsta's Young 01 the Year (1966). He has served on the
Club Board 01 Directors.
. Soott _ on the Chula VIsta Chamber 0 Cornmeros Board 01 Directors, chairing
committees.
Soott chaired the Chatter Review Committee; ed on the San Diego Trolley Boar . Scott co-
lounded CROSSROADS. a group doing sornethi
member 01 an Otay Ranch Planning Group.
Frink wlU work lor: A business-like apprOlch to city
Council, stall end citizens. . . More clout In regional
citizens 01 Chule Vista can enjoy .. . Plenned, orderly gr
oIlile . . . Public decisions made In public . . . Full v
equitable water solutions.
CITY OF CHULA VISTA
Mayor
ROBERT "BOB" PIANTEDOSI 42
Public Administrator
As the runner-up lor Meyor In the November 1990 election
voted lor me. People are my number one priority. I am pr
man. My wile and I have two children,
Do the right thing: Vote lor me lor Meyor.
EDUCA nON: Masters 01 Public Adminletratlon-I986. . Associate in Arts Real
. , Bachalor 01 Arts Psychology-1975 , . . Bachelor 0 Science Englneering-1971.
EXPERIENCE: 11 years 01 Public ~ministratien ex rience
Priorities lor the 90's: Growth manegement ole with quality 01 Iile thresholds, I
available when needed. Worklng 10 ensure allord Ie water availability. Comprehenslv Ian ,I
lor older portions 01 ChuIa Vista protecling their ntegrity and vitality. Increase antl-drug nd
gang ellor1s. Implement ChllIe Viste 2000 recom atiens enhancing day care, cuhural a ,
and library services. Meet existing commercial r evelopment goals before moving to new are
Long-tenn business marketing pion. Baylront an sensitive to the needs 01 citizens.
VOle lor Responsive Representetion. A Man the 90's. Vote lor the People's Partner. Elect
new leadership lor a new decade. Oualillca' s Count.
As your Mayor, I'll work with you to keep ula Vista a city that cares about Its residents.
C5-1330-4
SD 001-0&
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CITY OF CHULA VISTA
Mayor
G. L 'JERRY' FORBES Age: 50
Ratired U.S. Navy
JERRY FORBES, 50 year old father qllour, grandfather of three, retired In 1980. Navy billets
Include managerial, Instructional, and operational 8sstgnments at various sea and shore
commands. Since retirement, he has. worked as an Etectronics Engineer and a Computer
Software Engineer for 000 Contractors." He currently serves as a Consuttant to these
contractor. a..i.ting In obtaining and completing DoD contracts. He is a member of the VFW,
FAA, and the Am.rican Legion.
Curr.nUy a re.id.nt of the Montgomery area, he fir.t moved to Chula Vista In 1971. H. has
rented and owned homes In Chula Vista, including Mobile Homes. and .is very familiar with
problem. facing r.sid.nts in those siluation.. He has deaK wI1h school admini.trator. and I.
familiar with our recent difficulties.
The Inabilliy of our City Council to Identify a qualified appointee to complete the Mayoral t.rm
cau... di.tr.... Unfulfilled promise. to th. Montgomery citizen. cannot be tolerated. Lo.. of
business and uncontrolled growth must be stopped. Mr. Fqrbes will ensure resolution of these
and other problems using the same reactions and decisiveness demonstrated in previous
sjtuations. ~
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CS. '330-5
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APR 3' 12:06 FPOI'1 BP,: HuLJ1-:o'...1I1
\' OffiCIAL BALLOT
. CITV Of CHULA VISTA
IsPltlAl MUlIltIP1L ELECTION
': T......y. Juo .. ,It,
',' HAVE VOTED - HAVE YOU'
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WRITE. IN BALLOT
I to< 0 q....1lled w,lt..", condldoto
.me it not .,rlnted Oft tM bellM.. writ.
of tho "'_" .IId the offiu Oil till
ldell "'Iow.
ICE CANDIDATE NAMf
1 PlACE HOLES
\ OVER RED PINS ·
INSER CARD it THIS SIDE UP
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tin,. 'OLD 'hi bolio' .. tho poffo,.
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not official.
1 CITV Of CHULA VISTA
~'EClAl MUlIIC'''l ElECTION
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VOlt tor On.
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Exhibit B
BulIllIlI Reconls CDrporalllln
Addison Facility
4301 Wiley Post Road Addison. T e.a. 7S2U
HOO-922-9032 FAX: 214.Jtl5'3564
DATE
ClllTIlIIU
alCTtOtI
COMMENTS
r-
The amelled proof matches your ortler wflith is Cllnenlly
in pr~ Numtierlno. \If!IltJl'lChing'and peMoralionnre
perrormed as lhe ballots are manulactllled.
Please revieW th. attached proal and check m,
appropriata box(s) below. Sign. date and return to:
ATTN:
llAllOT CARD ORDER ENTRY
BUSINESS RECORDS CORPORATION
4301 WILEY POST 1i0AD
ADDISON, TEXAS 75244
o Awoved as is
o Approved wilh corre<:llon\sl. ..New prool
waived.
o P1ea~ make co_tion(S) shown. and send
new prool.
Approved! Reqljlsted By Date
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'"Ell REVIEWI"1 THE PtlOOf
o 'III. II\InI '" IIIlIIIr ..II.
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Exhibit C
CANDIDATE'S STATEMENT OF OUALlFlCATIONS
(Read instructions on reverse side carefully)
(Office Title)
City:
Seat No.
Candidate Name:
Age:
(Optional)
Occupation:
(May be more descriptive than what will appear on the ballbt)
See Reverse Side
Cost of the Statement: English only $
Spanish (if requested) +$ 75.00
TOTAL $
Please sign one of the following statements:
1. I do not wish to file a statement:
2.
My check for $
is attached:
i-/3.
'~.." '_"_"."~'r'__~._
---'. ,------...
G>tHISI'r ~
CANDIDATE'S STATEMENT OF QUAUFlCATIONS GUlDEUNES
(Elections Code Section 10012 Excerpts)
The candidate's statement is a voluntary statement for candidates seeking local NONPARTISAN elective
office. The statement may contain the education and qualifications for the office which is being sought.
FlUNG PERIOD: The statement shall be f1\ed in the Office of the City Clerk when nomination papers are
returned for f1\ing.
WHERE:
Office of the City Clerk, 276 Fourth Avenue, Chula Vista
Office Hours: 8:00 a.m. to 5:00 p.m.
CONTENTS: The statement may contain 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.
rEXAMJNATION PERIOD: There will be a 10-calendar-day examination period during which any voter of the
jurisdiction, or the Clerk, may seek a writ of mandate or an injunction requiring any or all of the material
to be amended or deleted.
UABIU1Y: Nothing in this section shall be deemed to make any such 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 Information Pamphlet.
FORMAT: You are requested to type your statement in PARAGRAPH FORM The following WIU.. NOT be
permitted: bold type, excessive underlining and capitalization, stars, extra exclamation points, and
highlights in~ front of a sentence. Statements will be typeset exactly as submitted; candidates are, therefore,
advised to carefully check their statements for errors in spelling, punctuation, and grammar. The Clerk is
authorized to make corrections only to the format of your statement.
The California Elections Code intends uniformity of appearance of the candidates' statements. By preparing
your statement in accordance with the above guidelines, each statement will be uniformly printed and
allowed the same amount of space in the Voter Information Pamphlet. This avoids favored composition or
printing of one candidate's statement over another.
RESTRICTIONS: The candidate's statement shall not include the parry affiliation of the candidate, nor
membership or activity in partisan political organizations. Candidate's photographs are not permitted.
WITHDRAWAL: The statement may be withdrawn, but not changed, until 5:00 p.m. of the next business
day after the close of the nomination period.
CONFIDENTIAlJTY: The candidates' statements shall remain confidential until the close of the nomination
period. (E.C. Section 10012.7)
SPANISH: All candidates' statements are printed in English, and may also be translated into Spanish upon
the candidate's request. The Spanish translation of the candidates' statements will be included in a pamphlet
along with all other translated material. This special Spanish language pamphlet will be sent to any voter
onlv upon the voter's request. The cost of printing and distributing the statement is $75.00. (The English
Sample Ballot and Voter Information Pamphlet contains no Spanish translations).
'f-/4
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10012.5.
DIVISION 8. BAlLOTS
within the time prescribed, the local agency shall not be obligated to print and mail
the statement.
If the local agency determines that the candidate is indigent the local agency
shall print and mail the statement.
Nothing in this section shall prohibit the clerk from billing the candidate his or
her actual pro rata share of the cost after the election.
(Added by 5taIS.1987, c. 859, ~2')
10012.5. Applicability of Section 10012.
Prior to the nomination period for an election, the governing body of the local
agency conducting the election may determine that the provisions of Section 10012
are. inapplicable to such election. This section shall become operative only if the
United States Supreme Court or the California Supreme Court rules that candidates
(other than indigent candidates) may not be required to pay for candidates'
statements authorized pursuant to Section 10012.
(Added by 510IS.1978, c.1288, ~2.)
~
\i\
10012.1. Confidentiality of candidate's statement
Notwithstanding the provisions of the California Public Records Act (Chapter
3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government
Code), the statements filed pursuant to Section 10012 shall remain confidential until
the expiration of the filing deadline.
(Added by 510IS.1981, c.1114, ~16.)
10013. Voter's pamphlelstatemenL
Each voter's pamphlet prepared pursuant to Section 10012 shall contain a
statement ~n the heading of the first page in heavy~faced gothic type, not smaller
than lo-pomt, that (1), the pamphlet does not contam a complete list of candidates
~nd tha~ a co~plete list of candidates appears on the sample ballot (if any candidate
IS not hsted m the pamphlet); and that (2), each candidate's statement in the
pamphlet is volunteered by the candidate, and (if printed at the candidate's
expense) is printed at his expense.
(Amended by 5101s. 1976, c. 429, ~5.)
10013,5. Copy of voters pamphlet available for examination; provisions to
amend or delete infonnation.
Not less than 10 calendar days before the clerk submits the official voter's
pamphlet referred to in Section 10012 for printing. the clerk shall make a copy of
the voter's pamphlet available for public examination in the clerk's office. Any
person may obtain a copy of the voter's pamphlet from the clerk for use outside of
the cl~rk's of~ce. The clerk may charge a fee to any person obtaining a copy of the
matenal, whIch fee shall not exceed the actual cost incurred by the clerk in
providing the copy.
During the Io-calendar-day examination period provided by this section, any
voter of the Jurisdiction in which the election is being held, or the clerk, himself or
herself, may seek a writ of mandate or an injunction requiring any or all of the
ma.terial in voter's pamphlet to be amended or deleted. A peremptory writ of
mandate or an injunction shall issue only upon clear and convincing proof that the
material in question is false, misleading, or inconsistent with the requirements of
this chapter, and that issuance of the writ or injunction will not substantially
interfere with the printing or distribution of official election materials as provided
by law. The clerk shall be named as respondent and the candidate who authored
the material in question shall be named as the real party in interest. In the case of
the clerk bringing the mandamus or injunctive action, the board of supervisors of
1991 288
Chapter 2. Forms of Ballots
10200.5.
~
,
the county shall be named as the respondent and the candidate who authored the
material in question shall be named as the real party in interest.
(Added by 510Is.1983, c. 882, ~2.)
10014. Binding of ballots.
When printed all ballots shall be bound in stub books, of such size as the clerk
may determine. A record of the number of ballots printed shall be kept by the officer
authorizing the printing.
(Amended by 510IS.1975, c.1158, ~23.)
IDOlS. Voters may seek writ of mandate.
Any voter may seek a writ of mandate alleging that an error or omission has
occurred or is about to occur in the placing of any name on, or in the printing of, a
ballot, sample ballot, voter pamphlet or other official matter, or that any neglect of
duty has occurred or is about to occur.
A peremptory writ of mandate shall issue only upon proof that the error,
omission or neglect is in violation of this code or the Constitution and that issuance
of the writ will not substantially interfere with the conduct of the election.
Such action or appeal shall have priority over all other civil matters.
(Added by 510IS.1976, c. 1275, ~21.)
10016. Loss or destruction of ballots.
In the case of the prevention of an election in any precinct by the loss or
destruction of the ballots intended for that precinct, the inspector or other precinct
officer for that precinct shall make an affidavit setting forth the fact and transmit it
to the Governor. Upon receipt of the affidavit, the Governor may and upon the
application of any candidate for any office to be voted for by the voters of that
precinct the Governor shall, order a new election in that precinct.
(Amended by 5tats.1975, c.1158, ~27,)
10017. Notice for absent voting on sample ballot envelope; type size.
The officer charged with the duty of providing sample ballots for any election
at which absent voter ballots may be cast shall cause to be printed on the envelope
containing the sample ballot in heavy~faced gothic type, not smaller than 12-point,
the following:
Notice: Absent Voter Ballot Application Enclosed.
(Amended by 510Is.1984, c. 649, ~2.)
Chapter 2. Forms of Ballots
10200. Scope of chapter.
All ballots used in all elections shall be governed by the provisions of this chapter
unless otherwise specifically provided.
(Added by 5101s. 1975, c. 1158, ~30.)
10200.5. Only one form of ballot.
All voting shall be by ballot. There shall be provided at each polling place, at
each election at which public officers are to be voted for, but one form of ballot for
all candidates for public office, except that for partisan primary elections one fonn
of ballot shall be provided for each qualified political party as well as one form of
nonpartisan ballot. At such partisan primary elections each voter not registered as
intending to affiliate with anyone of the political parties participating in the election
shall be furnished only a nonpartisan ballot. The nonpartisan ballot shall contain
only the names of all candidates for nonpartisan offices and measures to be voted
for at the primary election. Each voter registered as intending to affiliate with a
political party participating in the election shall be furnished only a ballot of the
289 1991
f-'.1
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Q10ltttt~ of c~!i~t~t~~l,\O
REGISTRAR O~01_s-9 P 4 ~3
(619\565.5800
(619) 694-3400
FAX (619) 694-2956
CONNYUMCCORM~C~
R",l,iI$'TRAA Of ...OT'E.W1
INGRID E GONZ.,'f'5
AS61~IAHl KfiQIST~
52:01 RUf.TIN ROAD, Sl.J!Tf l. SAN DIEGO, CALiFOn":'l~i~~~
C\""VC> "k''''
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en'! u' C .\,;
May 9, 1991
Bever Ii Allt\-
city Clerk
chula V ist.
VIA fAX
nedr Beverly:
;" L-espon3p. to yuur request, the loll'JWln.. lntcr:l'",tlQr. is i=,rov1dHj
regal'(jine; dpproxi!tldte cost~ \:,') ""rrect "'1e pri.l\t.i,,'~ (,r:or <-n th" nd!tle
of' one ot your candidates:
1.
, "r the of fie ial pur,,'h cdrd vat .l.ng va 1 lot..:
~5,O'JO;
2.
1. ~o peint and insert a correction page into the sample vdllot
hooklets: $2,374.
i,rint the sample ballot booklets:
$15,000;
(au h,,-ve requestc,d t.hat we rept int only the offic:dl udllot cacd
Number 1 above) and make no correction to the s~Bplc ballot ba~Klcl
~umber& / and J above). Th\R ~rror was djBc0v~red and brougl,l ~0 cur
. tent ion on Wednesday. May B. We beqar m!ilinJ absentee ballots to
,:ers wh" rc,quested them en Monddl, MdY G. ;,s of Wednesday. "1"1 0,
", '''1l'')! ,ected absentee ballots h,~d a 1 readY been mailed.
:' Spei'l!K ing with the ba110t card pI H\ter toJ,'y, new pU!1.::h .:'\td
~.LQtu will be printed today, fin'shed tom0rr~W with overn1yht ~.r
: '..very on saturday, May 11. Beyinnlng on Morday, May 13, th', nc",iy
c,ted ..puentee ballot: cards w"l be .nalll?d t.O nc'''' reque"t"e-;. ~;o
,.tification letter or corr~cted bailot ~ard will be mailed to tn~~c
voters who were sent absentee l.a llots dul' iog the wCl.'k of May 6 : l'.
As the official punch card ballot for tnis election lncludH~ the
candidates names printed dirf~ctly on t.O the ballot card, t.her~ '~11. uC
no correction not ice postl'd iI'side the po 11 ing places or vot i.n9 t,coths.
This is our understanding of the instruction6 you have given to ~s. If
any amendments are necessary, please l;ontact us immediat~lY,
Sincerely,
('I /7,-
A. ,J....",...,. "\ y)') /4'.f~ 1.'Y'{)..1::-t:.:
'c," )., / .-<., '
CONNY B. McCORMACK
Registrar of Voters
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