long beach city clerk jan. 13, 2014 letter re city prosecutor candidate chavez

2
LARRYHERREM Cit Clerk CITY CLERK DEPARTMENT Long Beach, California January 13,2014 ADMINISTRATIYE DTVISION It4ontque De La Garza Adsioitkalivc On.ct ELFCTIONS BUREAU Poonim Ddvn City Clcrk $uedil Mana$, LEGISLATTVg BUREAU Merianne Nakagawa Ciry Clerk Bqtan MdnnS.t Long Beach, CA. lI Dear Ms. Chavez; You were notified by electronic mail on Friday, January 10,2A14 that your nomination documents filed with this office on that date were sufficient to qualify you as a candidate for the Office of City of Prosecutor on the ballot for the City of Long Bqach Primary Nominating Election to be held on April 8,2A14. Subsequent review of your nomination papers has revealed two (2) problems with the documents that rnust be remedied as set forth below. First, the Affidavit of the Circulator on page 4 of your nomination paper is not completed or signed. Pursuant to sections 104 and fi222 of the Califomia Elections Code, this affidavit must be completed and signed at the time nomination papers are submitted to the elections offtcial. \J\Iithout this affidavit, vo$r nofnination CIapers are incomplete and our qffipq m?v-not place vour name on the ballot. Our office takes no position at this time as to whether a late affidavit may serve to restore the validity of an incomplete nomination, and we encourage you to consult with legal counsel as you review your options. As this office must continue preparing the ballot for the April 8, 2014 election, we must esk that you respond with an affidavit, if you will be submitting one, within three day:s of receipt of this letter. This time period was selected because it conesponds to the second item, oullined below. $econd, the proposed ballot designations included in your Affidavit of the Nominee are rejected pursuant to section 13107tbx1) of the Elections Code and sections 207rc and2A174 of Title 2 of the Galifornia Code of Regulations in that they would tend to confuse the electorate and do not represent a professional title or clearly-defined profession or occupation. Pursuant to 13107(c) of the Electicns Code, you are hereby notified that you have three davs from the date of receipt of this letter to appear at our office and provide a designation that complies with section f 3107(a). Our office will be happy to workwith you to determine mutually-acceptable designation at that time. Thank you for your prompt attention to these matters. lf you have any procedural questions, please do not hesitate to call Poonam Davis, Assistant City Clerk of this office at fll if you have legal questions on this matter please call Greg Murphy of Burke, Williams, &' Sorensen, LLP, who is serving as special counsel to our office on issues related to this election, - City Clerk cc. Poonam Davis 333 Wrer OcreN Bou*vrqno, Loerv LevEL, LoNG Bg^ctl, CauronNtn' 90802 TsLssHoNr (562) 570-6101 Fax (562) 570-67E9 EMA[: clrYcls&[email protected]

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LARRYHERREM

Cit Clerk

CITY CLERK

DEPARTMENT

Long

Beach,

California

January

13,2014

ADMINISTRATIYE

DTVISION

It4ontque De

La

Garza

Adsioitkalivc

On.ct

ELFCTIONS

BUREAU

Poonim

Ddvn

City Clcrk

$uedil

Mana$,

LEGISLATTVg

BUREAU

Merianne

Nakagawa

Ciry

Clerk Bqtan

MdnnS.t

Long Beach,

CA.

lI

Dear Ms. Chavez;

You

were notified

by electronic mail

on

Friday, January

10,2A14

that

your

nomination

documents filed

with this office

on

that

date

were sufficient

to

qualify you

as a

candidate for the

Office

of City

of Prosecutor on the

ballot

for the

City

of

Long Bqach Primary

Nominating Election

to be

held

on

April

8,2A14.

Subsequent

review of

your

nomination

papers

has revealed

two

(2)

problems

with the

documents

that

rnust be

remedied as

set forth below.

First,

the

Affidavit

of the Circulator

on

page

4 of

your

nomination

paper

is

not

completed or

signed.

Pursuant to sections

104

and

fi222 of

the

Califomia

Elections Code, this affidavit

must be completed

and signed

at

the

time

nomination

papers

are

submitted

to

the elections

offtcial. \J\Iithout this affidavit,

vo$r

nofnination

CIapers are

incomplete

and

our

qffipq

m?v-not

place

vour

name

on the ballot.

Our

office

takes

no

position

at this time

as to

whether a late

affidavit

may

serve to

restore

the

validity

of an incomplete

nomination,

and we encourage

you

to

consult

with legal counsel as

you

review

your

options. As this office must continue

preparing

the ballot

for the April 8, 2014

election, we

must esk that

you

respond with

an affidavit,

if

you

will

be submitting

one,

within

three

day:s

of

receipt

of

this letter.

This time

period

was selected

because

it conesponds to

the

second

item, oullined below.

$econd,

the

proposed

ballot designations

included in

your

Affidavit of the Nominee are rejected

pursuant

to section

13107tbx1)

of

the

Elections Code

and

sections

207rc and2A174 of

Title 2

of

the

Galifornia

Code of Regulations

in

that

they would

tend to confuse the electorate

and do

not

represent a

professional

title or

clearly-defined

profession

or occupation. Pursuant to

13107(c)

of the Electicns Code,

you

are

hereby notified

that

you

have

three

davs from

the

date

of

receipt

of this letter

to

appear

at

our office and

provide

a

designation that complies

with section

f

3107(a).

Our

office

will

be

happy to

workwith

you

to

determine

mutually-acceptable designation at

that

time.

Thank

you

for

your prompt

attention to these matters.

lf

you

have

any

procedural

questions,

please

do not hesitate to call Poonam

Davis,

Assistant City Clerk

of

this

office

at fll

if

you

have legal

questions

on

this

matter

please

call Greg

Murphy

of Burke, Williams, &'

Sorensen, LLP, who

is

serving as

special counsel

to

our office on issues related to this election,

-

City Clerk

cc.

Poonam Davis

333

Wrer OcreN

Bou*vrqno,

Loerv

LevEL,

LoNG Bg^ctl,

CauronNtn' 90802

TsLssHoNr

(562)

570-6101

Fax

(562)

570-67E9

EMA[:

clrYcls&[email protected]