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HomeMy WebLinkAbout7398RESOLUTION NO. 7398 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARC DIA, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATE FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STAT ENTS SUBMITTED TO THE VOTERS AT AN ALL -MAIL BALLOT SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL , 2022. WHEREAS, a vacancy in the office of City Councilmember representing District 5 on the Arcadia City Council was created by the_ death of Roger Chandler on November 13, 2021; and WHEREAS, by adoption of Resolution I7i98 on December , 2021, the City Council has called and given notice oWn�all-i pail ballot Special Municipal Election �� to be held on Tuesday, April 12, 2022 lectoral District 5 of the City of Arcadia, County of Los Angeles, for the pur o/lecting a qualified replacement to fill the Council vacancy at said eci Munici I Election; and WHEREAS, Seeti , 133 7 f the Elections Code of the State of California provides that the gov it to materials prepar by any candidates' statement. I f any local agency shall adopt regulations pertaining ndidate for a municipal election, including costs of the NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY RESOLVE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1 GENERAL PROVISIONS. Pursuant to Sections 13307 and 13308 of the Elections Code of the State of California, each candidate for elective office to be voted for of the all -mail ballot Special Municipal Election to be held in the City of Arcadia on Tuesday, April 12, 2022, may prepare a candidate's statement on an appropriate 1 form provided by the Elections Official for inclusion in the voter information guide. 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. In addition, the statement shall be limited to a recitation of the candidate's own personal background and qualifications, and shall not in any way make reference to other candidates for that office or to another candidate's qualifications, character, or activities. 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. SECTION 2. FOREIGN LANGUAGE POLICY. (A) Pursuant to the Federal Voting Rights Act, the City is required to translate candidate statements into the following languages: Spanish, Simplified Chinese and Traditional Chinese. (B) Pursuant to State law, a candidate's statement must be translated and printed in the voter information guide in any language at the candidate's request. (C) The Elections Official shall: (1) Translations (a) have all candidate statements translated into the languages specified in subsection (A) above; and 2 (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 information guide. The main voter information guide will be in the following languages: Spanish, Simplified Chinese, Traditional Chinese. (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 candidate's statement in English in the main voter information guide. 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 information guide. 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 information guide. 3 The Elections Official 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 Elections Official 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 Elections Official 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 certified, registered or qualified translators/interpreters meeting the criteria of Elections Code Section 13307(b)(2). B. The Elections Official 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 Elections Official shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections. 4 SECTION 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot or voter information guide package. SECTION 6. The Elections Official 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 12, 2022 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 THE NEXT PAGE] 5 Passed, approved and adopted this _ day of December, 2021. ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney Mayor of the City of Arcadia A