Candidate Residency Requirements

CITY OF PLACENTIA

VERIFICATION OF RESIDENCY REQUIREMENTS FOR CITY ELECTED OFFICIALS AND CANDIDATES FOR OFFICE

I. RESIDENCY REQUIREMENTS FOR CANDIDATES

In addition to providing the Orange County Clerk-Recorder proof of voter registration in the City, and additionally for City Council positions in the district where residence is claimed, candidates must provide all of the following additional information to verify their 25 day residency requirement, and all the information and requirements must be current and valid as of the date of submission through election and assuming office:

1. Proof of home ownership as evidenced by: 1) a copy of a grant deed, a mortgage payment billing statement verifying the address; or any other document that can verify home ownership and residency of the property; and 2) evidence of a homeowner’s property tax exemption filed with the Orange County Assessor for proof that the home is the primary residence. If candidates do not have a tax exemption on file, they must submit an affidavit in a form approved by the City Clerk and City Attorney under penalty of perjury, signed by the candidate verifying that the home is the candidate’ s primary residence; or

If the home ownership is in the name of a person other than the candidate, or in the name of a legal entity, such as a trust, partnership, or corporation, the candidate must submit an affidavit signed by the homeowner or authorized legal representative of the entity verifying that the candidate is living in the home as his or her primary residence; or

2. If the residence is rented or leased by the candidate, the candidate will provide proof of residency by providing a signed copy of a current and legally enforceable lease or rental agreement. If the lease or rental agreement expiration date is less than 90 days from the date of filing nomination papers, the candidate shall provide a letter from the property manager or property owner verifying that the candidate is continuing on a month-to- month basis; the lease must demonstrate the candidate resided at the specified address at least 25days prior to filing nomination papers; or

If a candidate is living at a residence without a lease or rental agreement and whose name otherwise does not appear in the proof of home ownership, candidate must have landlord or property owner sign an affidavit in a form approved by the City Clerk and City Attorney under penalty of perjury, verifying candidate’s residency in landlord’ s or property owner’s property.

3. Proof of motor vehicle registration, if any motor vehicles are registered to the candidate for the residency claimed or proof of a valid California driver’s license showing his or her address on the license is consistent with the address shown on the nomination papers. If the residence address on either the driver’s license or auto registration is in the process to being changed, the candidate must provide a document from the California Department of Motor Vehicles (DMV14 form) verifying the change is in process. If a candidate does not own an automobile or does not have a California driver’s license, the candidate must submit any other State of California issued identification showing the address on the identification document is consistent with the address shown on the nomination papers.

4. A Southern California Edison bill in the candidate’ s name showing that the service address is consistent with the address in the candidate’ s nomination papers. In the event a Southern California Edison Utility bill has not been generated, a letter from an authorized representative of the utility provider stating that an account has been opened in the candidate’ s name will suffice. If there is an agreement with a landlord or other legal entity, as verified by a rental contract or lease contract, that the landlord or other legal entity will pay the Southern California Edison bill and/ or the Placentia Utility bill, the candidate must submit an affidavit in a form approved by the City Clerk and City Attorney, signed by the landlord or the other legal entity’ s authorized legal representative under penalty of perjury, verifying that the landlord or other legal entity, is responsible for paying the Southern California Edison Utility bill.

5. The candidate must sign an affidavit, in a form approved by the City Clerk and City Attorney under penalty of perjury, verifying residency.

Failure to provide any of the above-required documents on or before the closing date to file nomination papers will disqualify a candidate from meeting the Charter Section 601 district residency requirement, or the Charter Section 701 residency requirement. Willfully submitting false, forged, altered documents or coercing or unduly influencing persons providing affidavit documents will also disqualify candidates and constitute a misdemeanor Charter violation in addition to any other legal remedy available to enforce a similar fraudulent act.

II. VERIFYING RESIDENCY AND CERTIFICATION FOR CANDIDATES

No earlier than the initial filing date for documents related to a candidate running for a City elective office and no later than the closing date to file nomination papers, candidates are required to file all of the documents specified in Part I above with the Placentia City Clerk’s Office for verification. The City Clerk will review and verify that all required information is correct and meets the requirements of this Act. The City Clerk will diligently work to review and verify all residency documents submitted. No later than five (5) calendar days from receipt of the candidate’s documents, the City Clerk’s Office shall complete the review and verification of the documents. The City Clerk will then do one of the following:

1. If all City residency requirements are satisfied pursuant to this Act, the City Clerk’s Office will provide a letter to the Orange County Clerk-Recorder’s Office and to the candidate certifying that the candidate has met the City’s residency requirements; or

2. If any deficiencies are discovered in the documents provided or certain documents are missing, the City Clerk’s Office will provide a letter to the candidate showing the specific deficiency(s) or missing document(s). The candidate will have until the closing date to file nomination papers to correct the deficiencies and re- submit the required documents for verification to the City Clerk; or

3. If the candidate either fails to complete verification of all of the requirements of this Act within the prescribed time limits, or the resubmitted documents do not meet the requirements of the Act, the City Clerk’s Office will provide a letter to candidate advising him or her of the failure to meet the requirements of the Act; or

4. If the re-submitted documents by the candidate meet all requirements of this Act, the City Clerk’s Office will certify the Act’s residency requirements have been met and provide a letter to the Orange County Clerk-Recorder’s Office and to the candidate.

III. VERIFYING RESIDENCY FOR CITY ELECTED OFFICIALS

City Elected Officials are required to live in the City during their entire term in office. Council Members are required to live in the district they represent during their entire term in office. To ensure that Elected Officials live in the City, and Council Members continue to live in the district they represent, each Elected Official may be requested to submit the following documents to the City Clerk during any given year in office:

1. In the event that an Elected Official  moved to a new residence in the district after the filing of the previous affidavit, the Elected Official  must confirm the new district address within 60 days of moving, by providing the documents listed in items 1 through 5 under Article IV, to the City Clerk.

2. Incumbent Elected Official  who have not relocated since the information required by this Article was last provided may comply with this Article by supplying a copy of a current driver’s license or California State issued identification card and an affidavit that they have not relocated, and all previously supplied information remains true and correct.

Failure to provide any of the above-required documents on or before the closing date for filing nomination papers, and continuing to meet all legal requirements, shall disqualify a Councilmember from meeting the Charter Section 601 district residency requirement, and other Elected Officials from meeting the Charter Section 701 residency requirement.

Willfully submitting false, forged, altered documents or coercing or unduly influencing persons providing affidavit documents will also disqualify an Elected Official and constitute a misdemeanor Charter violation in addition to any other legal remedy available to enforce a similar fraudulent act. If there is a material failure to meet the required conditions, the candidate shall not be permitted to take or remain in office, even if the candidate’ s name appears on a ballot and the candidate receives the required number of votes to prevail in the election. In that event, the eligible candidate having received the next highest number of votes shall be determined to have prevailed in the election, as certified by the City Clerk and approved by the City Council.

IV. INVESTIGATION AND ENFORCEMENT

Any fraudulent residency complaints shall be submitted to the City Attorney. The City Attorney will refer all complaints to the Orange County District Attorney. The Orange County District Attorney shall have the discretion to investigate residency complaints and if sufficient evidence of fraud is found during the investigation, the District Attorney can elect to prosecute.