Section 13307 Of Chapter 4. Sample Ballots And Voter Pamphlets From California Elections Code >> Division 13. >> Chapter 4.
13307
. (a) (1) Each candidate for nonpartisan elective office in
any local agency, including any city, county, city and county, or
district, may prepare a candidate's statement on an appropriate form
provided by the elections official. 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.
However, the governing body of the local agency may authorize an
increase in the limitations on words for the statement from 200 to
400 words. The statement shall not include the party affiliation of
the candidate, nor membership or activity in partisan political
organizations.
(2) The statement authorized by this subdivision shall be filed in
the office of the elections official when the candidate's nomination
papers are returned for filing, if it is for a primary election, or
for an election for offices for which there is no primary. The
statement shall be filed in the office of the elections official no
later than the 88th day before the election, if it is for an election
for which nomination papers are not required to be filed. If a
runoff election or general election occurs within 88 days of the
primary or first election, the statement shall be filed with the
elections official by the third day following the governing body's
declaration of the results from the primary or first election.
(3) Except as provided in Section 13309, the statement may be
withdrawn, but not changed, during the period for filing nomination
papers and until 5 p.m. of the next working day after the close of
the nomination period.
(b) (1) The elections official shall send to each voter, together
with the sample ballot, a voter's pamphlet which contains the written
statements of each candidate that is prepared pursuant to this
section. The statement of each candidate shall be printed in type of
uniform size and darkness, and with uniform spacing.
(2) The elections official shall provide a Spanish translation to
those candidates who wish to have one, and shall select a person to
provide that translation who is one of the following:
(A) A certified and registered interpreter on the Judicial Council
Master List.
(B) An interpreter categorized as "certified" or "professionally
qualified" by the Administrative Office of the United States Courts.
(C) From an institution accredited by a regional or national
accrediting agency recognized by the United States Secretary of
Education.
(D) A current voting member in good standing of the American
Translators Association.
(E) A current member in good standing of the American Association
of Language Specialists.
(c) 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. The
local agency may require each candidate filing a statement to pay in
advance to the local agency his or her estimated pro rata share as a
condition of having his or her statement included in the voter's
pamphlet. In the event the estimated payment is required, the receipt
for the 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 local agency 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 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.
(d) 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.
(e) Before the nominating period opens, the local agency for that
election shall determine whether a charge shall be levied against
that candidate for the candidate's statement sent to each voter. This
decision shall not be revoked or modified after the seventh day
prior to the opening of the nominating period. A written statement of
the regulations with respect to charges for handling, packaging, and
mailing shall be provided to each candidate or his or her
representative at the time he or she picks up the nomination papers.
(f) For purposes of this section and Section 13310, the board of
supervisors shall be deemed the governing body of judicial elections.