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Council candidates may have to pay $1,300 for statements

By Jennifer Pearson Bonnett
News-Sentinel Staff Writer
Friday, June 4, 2004 8:00 AM PDT

If you want to run for City Council this year, you might be asked to write a check for $1,300 to pay for printing, handling, translating and mailing your candidate statement.

The document, which describes a candidate's background and position, is not required to run. However, nearly all candidates submit them and, at least in Lodi, there has never been a fee.

Lodi is only one of nine recently surveyed cities in California that have been picking up the tab for such statements, a practice whose legality has been questioned.

The City Council is expected to make a decision at the June 16 meeting.

City Clerk Susan Blackston wanted council members to be aware of the issue and thought the expense might be better funded through campaign money instead of the city. Her recommendation, made at Wednesday's City Council meeting, is related to the city's budget deficit.

But the new potential cost to candidates is an issue that concerns Mayor Larry Hansen. Both he and Councilwoman Susan Hitchcock are afraid the candidate pool will be drained if the council decides to charge for such statements.

"It's a little bit of a quandary," Hansen said.

"We didn't make a decision (Wednesday) because we need to know if we are in violation of the law."

Until now, candidates seeking election were required to pay only a $25 filing fee, Blackston said. That went into affect in 2002.

The city paid $10,400 in 2002 to handle statement costs for eight candidates, and Blackston is expecting a similar number this year. Candidate statements are designed to acquaint voters with a candidate's qualifications, but they are not required.

"But it's a real disadvantage not to have one," Hansen said.

And, the City Clerk's Office can't recall in recent years a candidate failing to file such a statement.

This year's filing period for candidates opens July 12.

In January 2002, Blackston's office conducted a survey of 75 California cities and found that only nine others paid for the candidate statements. Those included Cupertino, Foster City, Gilroy, Napa, Palo Alto, Roseville, San Bruno, Winters and Yountville.

"All of the cities in San Joaquin County require their candidates to pay (except Lodi)," Blackston said.

Has the city been violating California Elections Code, essentially providing public money for candidates?

Interim City Attorney Stephen Schwabauer said it's more about how the law on accepting public funds is interpreted.

"It's not a simple and clear situation as to whether you're violating state law," he said.

"I will do some investigation as to whether there's case law on the issue. I don't know if it's a violation, but I will report back on what I find out."

Contact reporter Jennifer Pearson Bonnett at jenniferb@lodinews.com.

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