CC Resolution 2018-026 Indigent Policy for Candidates RESOLUTION NO. 2018 - 026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, ADOPTING A POLICY ESTABLISHING
THE PROCEDURES AND CRITERIA FOR INDIGENT STATUS
DETERMINATION AS IT PERTAINS TO CANDIDATES DURING
GENERAL AND SPECIAL ELECTIONS, PURSUANT TO
CALIFORNIA ELECTIONS CODE SECTION 13309
WHEREAS, this policy sets forth the procedures and criteria for the City
Clerk/Elections Official to make a determination on the indigent status of a candidate in
accordance with California Elections Code Section 13309; and
WHEREAS, pursuant to the requirements of the State of California relating to
General Law and Charter Cities and La Quinta Ordinance No. 327, there is called and
ordered to be held in the City of La Quinta, California, a General Election on the first
Tuesday, following the first Monday, in November on even number years; and
WHEREAS, each candidate running for office may prepare a candidate’s statement
listing his/her education and qualifications to be printed on the ballot; and
WHEREAS, a requisite fee related to the printing of the candidate’s statement on
the ballot, determined by the Riverside County Registrar of Voters (ROV), must be
submitted to the City Clerk/Elections Official when nomination papers are filed; and
WHEREAS, a candidate may allege to be indigent and unable to pay in advance
the requisite fee for submitting a candidate statement; and
WHEREAS, a candidate shall submit to the local agency an application requesting
that a determination be made as to his/her indigent status, an affidavit of financial worth,
and a release form authorizing the City to obtain his/her most recent federal income tax
report.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta,
California, as follows:
SECTION 1. That pursuant to California Elections Code Section 13309 (Alleges to be
indigent; procedures) a candidate may allege that he/she is indigent and unable to pay in
advance the requisite fee for submitting a candidate statement.
Resolution No. 2018-026
Policy Determining Candidate’s Indigent Status
Adopted: June 5, 2018
Page 2 of 3
SECTION 2. That if a candidate alleges to be indigent, he/she shall submit to the City:
1) Completed Application for Waiver of Candidate Statement Deposit “Exhibit A”
2) Completed Affidavit of Financial Worth “Exhibit B”
3) Completed IRS Authorization to Release most current federal income tax report
(IRS Form 4506-T Request for Transcript of Tax Return)
SECTION 3. That the Council appoints the City Clerk/Elections Official the authority to
make the final determination, and the City Manager as the final appeal authority.
SECTION 4. That the City Clerk/Elections Official will determine eligibility based on the
guidelines established by the California Department of Housing and Community
Development, State Income Limits for current year, Riverside County. Annual income
that is at or below the level for an extremely low income household, adjusted for the size
of the candidate’s household, will establish a presumption that the candidate is
“indigent” for the purpose of deferring the requisite fee. This presumption, however, may
be negated based on other information disclosed in the candidate’s Affidavit of Financial
Worth or the candidate’s most current federal income tax report.
SECTION 5. That the City Clerk/Elections Official shall make this determination as soon
as possible and notify the candidate in writing.
SECTION 6. That if the City Clerk/Elections Official determines the candidate to be
indigent, the City shall mail the statement to be printed on the ballot.
SECTION 7. That if the City Clerk/Elections Official determines the candidate not to be
indigent, he/she shall, within three days of the notification, excluding Saturdays, Sundays,
and state holidays, withdraw the statement or pay the requisite fee. If the candidate fails
to respond within the time prescribed, the City shall not be obligated to print and mail the
statement.
SECTION 8. That the candidate may appeal the City Clerk/Election Official’s
determination to the City Manager. The request for appeal shall be submitted to the
Elections Official in writing within three days of the notification. The City Manager shall
make a determination and notify the candidate in writing as soon as possible.
SECTION 9. That California Elections Code Section 13309 does not prohibit the local
agency from billing the candidate his/her actual pro rata share of the cost after the
election.
SECTION 10. That if the City Clerk/Elections Official determines the candidate not to be
indigent, the City shall provide the candidate with an option to enroll into a monthly
78495 Calle Tampico La Quinta, CA 92253 (760) 777-7000
APPLICATION FOR WAIVER OF CANDIDATE STATEMENT DEPOSIT
Pursuant to California Elections Code § 13309
I hereby request that my candidate statement be submitted for publication in the sample ballot/voter
information pamphlet that is mailed to the registered voters in the City of La Quinta for the General Municipal
Election to be held [enter date and year].
I hereby submit the following for the purpose of determining my eligibility for waiver of the $_____ candidate
statement deposit:
1. A completed Application for Waiver of Candidate Statement Deposit form
2. A completed Affidavit of Financial Worth form
3. A completed IRS Authorization to Release most current year’s federal income tax return
Determination of eligibility for the deposit waiver will be made by the City Clerk/Elections Official based on
guidelines established by the California Department of Housing and Community Development, State Income
Limits for the current year, Riverside County. Annual income that is at or below the level for an extremely low
income household, adjusted for the size of the candidate’s household, will establish a presumption that the
candidate is “indigent” for the purpose of deferring the candidate’s statement deposit in accordance with
California Elections Code § 13309. This presumption, however, may be negated based on other information
disclosed in the candidate’s affidavit or the candidate’s federal income tax return.
I understand that if I am determined to be indigent, I may have my candidate statement printed without
paying the deposit by the candidate filing deadline date. I further understand that, pursuant to California
Elections Code § 13309, I am obligated to pay my pro rata cost of printing my statement, and hereby promise
to pay my share by either:
[$____ ] in monthly installment payments of $_____, with the first installment due when I file my nomination
papers with the City Clerk/Elections Official. I promise to pay to the City of La Quinta, $____ on the 15th day of
every month thereafter until the balance, based on the post-election reconciled amount of my share, is zero
($0). No interest will accrue and the balance may be paid off at any time.
[$____ ] in full after the election, upon receipt of an invoice from the City of La Quinta.
I understand that if it is determined that I am not indigent, I agree to either pay the full $_______ deposit
within three (3) business days of notification or my candidate statement will not be printed.
______________________________ __________________________ Date:_________________________
Candidate’s Signature Print Name:
_____________________________ ________________________ Date:_________________________
Received By Print Name:
The financial information provided by candidates will remain confidential to the extent allowed by law.
EXHIBIT A
Resolution No. 2018-026
AFFIDAVIT OF FINANCIAL WORTH IN SUPPORT OF APPLICATION TO FILE
CANDIDATE’S STATEMENT WITHOUT ADVANCE PAYMENT OF ESTIMATED COST
NOTICE TO CANDIDATE
The Elections Official will review and make a final determination of your eligibility as an indigent as soon as possible after
submittal of this form.
If it is determined that you are not indigent, you will be notified of this finding. Within three days of notification, excluding
Saturdays, Sundays, and state holidays, you must either withdraw your statement or pay the requisite estimated cost. If you
fail to respond within the time prescribed, your statement will not be printed and mailed.
If it is determined that you are indigent the Elections Official shall print and mail the statement without requesting payment of
the estimated cost. This, however, does not relieve you of your obligation to pay the candidate statement cost in the manner
established by the Elections Official.
PLEASE PRINT LEGIBLY
I, state that I am unable to pay in
advance the $ Amount is determined by ROV estimated cost required to file a Candidate Statement for the office of
to be printed and distributed
to the voters at the General Municipal Election, Nov. XX, 20XX election, in the City of La Quinta
(INSERT NAME OF ELECTION)
I further swear or affirm that the responses which I have made to the questions and instructions below relating to my ability to
pay said cost are true.
CANDIDATE INFORMATION
NAME: HOME PHONE SOCIAL SECURITY #
STREET ADDRESS WORK PHONE VETERANS ADMIN. #
CITY STATE ZIP MESSAGE WELFARE #
TOTAL DEPENDENTS: ATTACH ADDITIONAL SHEET IF
NEEDED
OCCUPATION:
NAME AGE EMPLOYER
ADDRESS STREET ADDRESS
NAME AGE CITY STATE ZIP
ADDRESS LENGTH OF EMPLOYMENT (If under 10 years, attach additional employment history)
NAME AGE MONTHLY GROSS INCOME: (Please attach copy of most recent pay stub)
ADDRESS TOTAL MONTHLY INCOME OF DEPENDENTS (Excluding spouse):
SPOUSAL INFORMATION
NAME SOCIAL SECURITY # HOME PHONE
STREET ADDRESS (If different) WORK PHONE MESSAGE
CITY STATE ZIP MONTHLY GROSS INCOME:
OCCUPATION:
COMPLETE REVERSE SIDE OF THIS FORM
EMPLOYER
STREET ADDRESS
CITY STATE ZIP
Resolution No. 2018-026, EXHIBIT B
OTHER MONTHLY INCOME
a. Unemployment & Disability $ g. Income Property $
b. Social Security $ h. Personal Loans $
c. Welfare, AFDC $ I. Employment Bonus $
d. Veteran’s Benefits $ J. Other (Specify)
e. Spousal Support Payments $
f. Child Support Payments $ **
** If you are receiving any child support from any other person, complete the following:
NAME OF PERSON PAYING SUPPORT AMOUNT OF SUPPORT RECEIVED:
INDICATE WHETHER SUCH SUPPORT IS RECEIVED: DIRECT THROUGH A PROBATION DEPARTMENT FROM A COURT
MONTHLY EXPENSES
a. Rent or House Payment (Circle One) $ g. Food $
b. Car Payments $ h. Utilities $
c. Medical & Dental Payments $ I. Clothing $
d. Loan Payments $ J. Transportation $
e. Support Payments $
K. Other expenses (Please
Specify) $
f. Insurance $
INSTALLMENT PAYMENTS, OTHER THAN LISTED ABOVE
NAME OF CREDITOR (Attach sheet for additional creditors.) MONTHLY PAYMENT BALANCED OWED
a. $ $
b. $ $
c. $ $
ASSETS
WHAT DO YOU OWN? (Attach additional sheet if necessary) VALUE
a. Cash $
b. House Equity $
c. Cars, Other Vehicles & Boat Equity (List make, year & license number of each) $
d. Checking, Savings & Credit Union Accounts (Lists names of each) $
e. Other Real Estate Equity $
f. Income Tax Refunds Due $
g. Other Personal Property (jewelry, furniture, furs, stocks & bonds, etc.) $
h. Other assets (IRA’s stock/bonds, trust, etc.) $
TOTAL $
The information given is to assist the Elections Official or his/her designee in making determination of candidate
indigent status, pursuant to Section 13309 of the Elections Code.
I declare under penalty of perjury that this statement (including any accompanying schedules and statements) has
been examined by me and to the best of my knowledge and belief is true, correct and complete.
DATE:
(SIGNATURE)
REMARKS: