HomeMy WebLinkAbout7419RESOLUTION NO. 7419
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
^ALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR
ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS
SUBMITTED TO THE VOTERS AT AN ALL MAIL BALLOT SPECIAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, AUGUST 30, 2022.
WHEREAS, a vacancy in the office of City Councilmember representing District 5
on the Arcadia City.,Council was crea a death of Roger Chandler on November
13, 2021; and -
WHEREAS, by ad..option of Resol(!�n No. 7418 on March 29, 2022, the City
Council has called and given notice of an all mail ballot Special Municipal Election to be
held on Tuesday, August 30, 2.022 in Elec trict 5 of the City of Arcadia, County
of Los Angeles, for the purpose of electing (r -qualified replacement to fill the Council
vacancy at said Special Municipal Election; an�
WHEREAS, Section 13307 of••.the ElectiPs Code of the State of California
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provides that the governing body of an\ccal gency shall adopt regulations pertaining
to materials prepared by any candidatemunicipal ection, including costs of the
candidates' statement.
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NOW, THEREFORE, THE CITY COUNCIL OF iE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY RESOLVE, FIND, DETH�4MINE 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 at the all mail ballot Special Municipal Election to be held in the City of Arcadia
on Tuesday, August 30, 2022, may prepare a candidate's statement on an appropriate
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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: Chinese, Korean, Spanish, and
Vietnamese.
(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
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(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:
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 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.
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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.
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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
August 30, 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]
Passed, approved and adopted this 29th day of March, 2022.
Mayor of the City of Arcadia
ATTEST:
City Clerk
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney