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HomeMy WebLinkAbout6804 RESOLUTION NO. 6804 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ALL MAIL BALLOT ELECTION TO BE HELD ON TUESDAY, APRIL 10, 2012 WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency shall adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates' statement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. GENERAL PROVISIONS. Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at the All Mail Ballot General Municipal Election to be held in the City of Arcadia on April 10, 2012 may prepare a candidate's statement on an appropriate form provided by the City Clerk for inclusion in the voter's pamphlet. The statement may include the name, age and occupation of the candidate and a brief description of no more than two hundred (200) words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten format in the office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. 1 SECTION 2. FOREIGN LANGUAGE POLICY. (A) Pursuant to the Federal Voting Rights Act, the City is required to translate candidate statements into Chinese, Spanish and Vietnamese languages. (B) Pursuant to State law, a candidate's statement must be translated and printed in the voter's pamphlet in any language at the candidate's request. (C) The City Clerk shall: (1) Translations (a) have all candidate statements translated into the languages specified in subsection (A) above; and (b) have translated those statements into the languages as requested by the candidate in subsection (B) above. (2) Printing (a) print all translations of all candidate statements in the main voter pamphlet. The main voter pamphlet will be in English, Spanish, Chinese and Vietnamese. (b) print any translations of candidates in the languages as requested by the candidate in subsection (B) above. SECTION 3. PAYMENT. A. The candidate shall be required to pay for the cost of translating the candidate's statement into any required foreign language as specified in subsections (A) and (B) of Section 2 above pursuant to Federal and State law. B. The candidate shall be required to pay for the cost of printing the 2 candidate's statement in English in the main voter's pamphlet. C. The candidate shall be required to pay for the cost of printing the candidate's statement in a foreign language required by subsection (A) of Section 2 above in the main voter's pamphlet. D. The candidate shall be required to pay for the cost of printing the candidate's statement in any foreign language requested by the candidate pursuant to subsection (B) of Section 2 above in the main voter's pamphlet. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate's statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the City Clerk his or her estimated pro rata share as a condition of having his or her statement included in the voter's pamphlet. The estimate of costs is just an approximation of the actual cost that varies from one election to another and the actual cost may ultimately be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Each candidate shall be required to pay upon receipt of an invoice his or her prorated share of actual costs should those costs exceed the estimated amount deposited. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within thirty (30) days of the election. 3 SECTION 4. MISCELLANEOUS. A. All candidate statements shall be translated by court certified translators provided by the City's election consultants. B. The City Clerk shall allow bold type, underlining, capitalization, indentations, bullets, and leading hyphens to the same extent and manner as allowed in previous City elections. C. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections. SECTION 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. SECTION 6. The City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nominating petitions are issued. SECTION 7. All previous resolutions establishing City Council policy on payment for candidates' statements to the extent they are inconsistent herewith are deemed to be of no further force or effect. SECTION 8. This Resolution shall apply only to the election to be held on April 10, 2012 and shall thereafter be deemed to be of no further force or effect. SECTION 9. The City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON NEXT PAGE] 4 Passed, approved, and adopted this 6th day of December, 2011. /4441 4 . I J, �j ��r M. of 7- 'ity of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: , -- //e-4-i?e,„P 6-eAUt4' Stephen P. Deitsch City Attorney 5 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6804 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 6th day of December, 2011 and that said Resolution was adopted by the following vote, to wit: AYES: Council Members Amundson, Chandler, Harbicht, Segal and Kovacic NOES: None ABSENT: None City Clerk of the City of Arcadia 6