Chapter 2.02 — GENERAL MUNICIPAL ELECTION

A.

The general municipal election shall be conducted on the day of the statewide general election, being the first Tuesday after the first Monday in November of each even numbered year.

B.

Those city officers whose terms of office would have, prior to the adoption of this chapter, expired on the Tuesday succeeding the second Tuesday in April of an even numbered year, shall instead continue in their offices until no later than the fourth Tuesday after the day of the general municipal election, and until their successors are elected and qualified.

C.

Within thirty (30) days after this chapter becomes operative, the City Clerk shall cause a notice to be mailed to all registered voters in the City of Clayton, informing said voters of the change in the election date, and also informing them that as a result in the change in the election date, elected city office holders' terms in office will be changed.

(Ord. 236 § 1, 1987)

A.

Each candidate filing nomination papers for an elective office at a municipal elections held in the City, shall pay a filing fee of twenty-five dollars ($25.00).

B.

The filing fee imposed by Section 2.02.20A shall be paid by each candidate to the City Clerk at the time the candidate files his or her nomination papers with the City Clerk.

A.

Each candidate running for elective office at a municipal election held in the City and filing a candidate statement shall file his or her candidate statement at the time of filing his or her nomination papers, and shall simultaneously pay his or her estimated pro rata share of the cost of producing and distributing candidate information in the voter's pamphlet, including the cost of printing, handling, translating and mailing the candidates statements and complying with the Federal Voting Rights Act of 1965, as amended, as a condition of having his or her statement included in the voter's pamphlet ("Estimated Candidate Statement Fee"), to the City Clerk at the time the candidate files his or her candidate statement with the City Clerk.

B.

The City Clerk shall provide each candidate who pays the Estimated Candidate Statement Fee with a receipt for the payment which shall include a written notice that the Estimated Candidate Statement Fee is just an approximation of the actual cost that varies from one election to another election and that the actual fee that the candidate must pay the City may be significantly more or less than the estimate, depending on the actual number of candidates filing candidate statements ("Actual Candidate Statement Cost").

C.

If the Actual Candidate Statement Cost is more than the Estimated Candidate Statement Fee, the candidate shall pay the balance of the cost incurred to the City Clerk upon request for the same. If the Actual Candidate Statement Cost is less than the Estimated Candidate Statement Fee, the City shall prorate the excess amount among the candidates and refund the excess amount paid to each candidate, on a pro rata basis, no later than thirty (30) days after the election.

D.

Notwithstanding anything else contained in this Section 2.02.30, if a candidate alleges to be indigent and unable to pay the Estimated Candidate Statement Fee, the candidate shall submit to the City a statement of financial worth on a form furnished by the City Clerk, which the City shall use in determining whether or not the candidate is eligible to submit a candidate statement without payment of the Estimated Candidate Statement Fee. The statement of financial worth required by this section shall be submitted by the candidate together with his or her candidate statement in accordance with the deadline specified in Elections Code § 13307. The candidate shall certify the content of the statement as to its truth and correctness under penalty of perjury. The candidate shall also sign a release form of the candidate's most recent federal income tax report. Upon receipt of a statement of financial worth, the City Clerk shall make a

determination of whether or not the candidate is indigent. The City Clerk shall notify the candidate of its findings. If the City Clerk determines that the candidate is not indigent, the candidate shall, within three (3) days of the notification, excluding Saturdays, Sundays, and state holidays, withdraw the statement or pay the requisite Estimated Candidate Statement Fee. If the candidate fails to respond within the time prescribed, the City shall not be obligated to print and mail the candidate statement. If the City Clerk determines that the candidate is indigent, the City shall print and mail the candidate statement. The City Clerk may bill a previously adjudged indigent candidate his or her actual pro rata share of the candidate statement cost after the election.

(Ord. 443, 2013)