HomeMy WebLinkAbout7004RESOLUTION NO. 7004
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 GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 8, 2014
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 8, 2014 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 The statement may be withdrawn, but not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.
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SECTION 2. FOREIGN LANGUAGE POLICY.
(A) Pursuant to the Federal Voting Rights Act, the City is required to translate
candidate statements into Chinese, Korean, Spanish, and Vietnamese languages.
(B) Pursuant to State law, a candidate's statement must be translated and
printed in the voter 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, Chinese, Korean, Spanish, 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 and all of the foreign languages
specified or described in subsections (A) and (B) of Section 2 above
pursuant to Federal and State law.
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B. The candidate shall be required to pay for the cost of printing the
candidate's statement in English in the main voter 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 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 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 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.
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 8, 2014 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]
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Passed, approved, and adopted this 3rd day of December , 2013.
Mayor of t e Ci of Arcadia
ATTEST:
Ci .Clerk
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Resolution No. 7004 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 3rd day of December, 2013 and that said Resolution was adopted by
the following vote, to wit:
AYES: Council Member Amundson, Harbicht, Kovacic, Wuo and Segal
NOES: None
ABSENT: None
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City Clerk o he City of Arcadia