CITY OF ENCINITAS MUNICIPAL ELECTION
TUESDAY, NOVEMBER 2ND, 2010
GENERAL INFORMATION

Qualified candidates in ballot order for November 2, 2010 election:

1. Tony Kranz
2. Kristin D. Gaspar
3. Teresa Barth
4. Dan Dalager
   
   

Campaign forms required:    If a candidate plans to receive campaign contributions, the State requires that forms be filed prior to accepting contributions.   In addition, if contributions (Encinitas limit is $250 maximum from a single entity) reaches $1,000, the State also requires that candidates form a campaign committee.  These forms can be filed prior to the candidate filing period mentioned above.

To access the Campaign Statements, click HERE 

Offices to be filled by election:  Two City Council Member positions.

Terms of office: The two candidates receiving the highest number of votes will serve four (4) year terms.

Council structure: The City Council is composed of five members elected from the City at-large.

On the second Tuesday of each December, (December 14, 2010) the City Council members will be sworn in and  shall choose one of its members as Mayor and one of its members as Deputy Mayor.

Salary as City Council Member: $1,186 per month

City Council Meetings: The City Council holds regular meetings on the second, third and fourth Wednesdays of the month at 6:00 P.M.

Other Boards on which Council Members Serve: City Council Members also serve as

Board Members of:

1)       San Dieguito Water District
2)       Encinitas Housing Authority
3)       Encinitas Financing Authority

In addition, Council Members represent the City on various other committees and boards throughout San Diego County.

City Organizational Structure: Encinitas is a General Law City operating under the general laws of the State of California with a Council/Manager form of government.

Registered Voters: The number of registered voters as of April 2010 is 36,775.

To access the Registrar of Voters, click HERE 

Qualifications for Filing as a Candidate:  The candidate must be a resident and registered voter of the City of Encinitas and at least 18 years of age.   A filing fee of $25.00 must be paid at the time of filing.

Voter Registration Deadline: Residents of the City of Encinitas have until 12:00 midnight on October 18, 2010, to register to vote in the November 2, 2010 General Municipal Election.

Election Day Activities: The polls are open from 7 am to 8 pm.  Campaigning is not allowed within 100 feet of the entrance to a polling place.  This includes:  circulating any petition, soliciting votes, exhibiting any campaign signs, wearing campaign shirts, buttons, and hats, dissemination of audible electioneering information, or any other electioneering.

POTENTIAL CANDIDATES:

For those interested in running for the two Council seats, the candidate filing period begins on July 12th with a deadline of August 6th at 5:00 P.M..  This deadline may be extended to August 11th at 5:00 P.M. (for non-incumbents) if one or both of the incumbents decides to not run again. Only during this candidate nomination period can the official nomination papers be issued and returned to the City Clerk's Office. Make sure to make an appointment with the City Clerk's Office (760-633-2601) and allow about 45 minutes to complete the paperwork and review new information.

There is a $25 nonrefundable filing fee.  In addition to that cost, candidates will be charged to print their candidate statement of qualifications in the voters’ pamphlet.   Ballot statements are optional.  The Registrar of Voters has estimated the cost of a candidate statement at $434 per candidate.   After the election, if the cost is more, you will  be charged, if less you will receive a refund.

Prospective Candidates

All prospective candidates for the November 2, 2010, General Municipal Election are strongly encouraged to contact the City Clerk's Office before they begin their campaigns in order to learn more about the various State reporting requirements and to be in compliance with California election laws.

If a prospective candidate is actively campaigning, soliciting contributions and making expenditures, he or she must comply with campaign reporting requirements of the California Political Reform Act of 1974. This means that a candidate must file the Candidate Intention Statement (Form 501) with the City Clerk's Office before funds may be raised or spent. All contributions and expenditures, including personal funds used by the candidate, must be handled through a campaign bank account set up specifically for that purpose. If a candidate is expecting to raise or spend more than $1,000, the candidate must organize a committee, appoint a treasurer and begin to file campaign reporting statements with the City Clerk's Office. This is accomplished by filing a required Statement of Organization form (Form 410) to establish the committee.

If persons are independently involved in political campaign expenditures/or accepting contributions to support or oppose a candidate, you will need to register as a Political Action Committee under the requirements prescribed by  the State of California Political Reform Act.  Contact the City Clerk’s Office to find out more information.

The various forms candidates will need to fulfill their filing obligations are available from the City Clerk's Office or the Fair Political Practices Commission website.

Deborah Cervone, City Clerk
505 South Vulcan Avenue, Encinitas, 92024
(760) 633-2601
dcervone@cityofencinitas.org

ENCINITAS MUNICIPAL SIGN CODE PROVISIONS

NOTE:  Candidates will be asked to place their signature on a form attesting that they received a copy of the sign ordinance and understand the implications for non-compliance.

2.16.040 Campaign Sign -- An unlimited number of political signs is allowed per parcel with the property owners permission.  Signs may be displayed 30 days prior to the election and must be removed 72 hours after the election.  The sign area shall not exceed 32 square feet for nonresidential zones or 32 square feet for nonresidential uses in residential zones; signs shall not exceed 8 feet in height.  The sign area shall not exceed 3 square feet for residential uses in residential zones with a maximum height of 5 feet. 

30.60.050(c) - Unless authorized by other provisions of this Chapter, it shall be unlawful for any person to post, erect or maintain any sign within the public right-of-way or upon public property.

30.60.050 (E.2)    No sign shall be posted, erected or maintained so as to obstruct a clear view of the street from any intersecting street or access to public street such as driveways.

30.60.050 (H) – No sign shall be erected that would unreasonably obscure from any public view existing, nonconforming signs on adjacent properties.

30.60.050 (K) – No vehicle or trailer shall be parked that is utilized as a portable sign for the purpose of providing directional signage, additional on-site signage, or an attention getting device.

POLITICAL ADVERTISEMENT REQUIREMENTS

(Elections Code Section 20008)

NEWSPAPER AD REQUIREMENTS  

Any paid political advertisement which refers to an election or to any candidate for state or local elective office and which is contained in or distributed with a newspaper, shall bear on each surface or page thereof, in type or lettering at least half as large as the type or lettering of the advertisement or in 10-point roman type, whichever is larger, the words “Paid Political Advertisement.”  The words shall be set apart from any other printed matter.           

DEFINITION    As used in this section “paid political advertisement” shall mean and shall be limited to, published statements paid for by advertisers for purposes of supporting or defeating any person who has filed for an elective state or local office.

MASS MAILING OF CAMPAIGN LITERATURE      

A copy of Section 84305 of the Government Code (see below) shall be provided by the City Clerk to each candidate or his or her agent at the time of filing the declaration of candidacy. . . (E.C. Sec. 16)       

PUBLIC EXPENSE       No newsletter or other mass mailing shall be sent at public expense.

(Gov. Code Sec. 89001)        

DEFINITION    “Mass mailing” means over 200 substantially similar pieces of mail, but does not include a form letter or other mail which is sent in response to an unsolicited request, letter or other inquiry.  (Gov. Code Sec. 82041.5)      

CALIFORNIA GOVERNMENT CODE SECTION 84305

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.

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.

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).

ELECTION CALENDAR

Election Night Activities:  Shortly after the polls close at 8 pm the first report containing mail ballot voting results is released.  As ballots are returned to the Registrar’s office for tabulation, vote results are updated.  Updates occur approximately every 30 minutes until all results are reported.  Typically, the first precinct results are reported by 10 pm.    The ballot tabulation process is open for public viewing at the Registrar of Voters in San Diego.  All observers must wear badges.

Election Results:  Election results may be followed by logging onto the Registrar of Voters web page at  www.sdvote.com after the polls close at 8:00 P.M. on Tuesday November 2, 2010.  The Registrar of Voters must conduct the official canvass of the returns within 28 days after the election.  When the canvass is completed, a certified statement of the results is submitted to the Secretary of State, the Board of Supervisors, and all of the affected jurisdictions.