HomeMy WebLinkAbout6704RESOLUTION NO. 6704
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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 ELECTION TO BE
HELD ON TUESDAY, APRIL 13, 2010
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 General Municipal Election to be held in the City of Arcadia
on April 13, 2010 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The statement may be withdrawn, but not changed, during the period for filing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.
SECTION 2. FOREIGN LANGUAGE POLICY.
(A) Pursuant to the Federal Voting Rights Act, the City is required to
translate candidates' 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.
(D) The City shall:
(2) Printing
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(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. Each 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'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.
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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.
SECTION 4. MISCELLANEOUS.
A. All candidate statements shall be translated by professional certified
translators provided by the City's election consultants.
B. The City Clerk shall allow bold type, underlining, indentations, bullets,
and leading hyphens to the same extent and manner as allowed in
previous City elections.
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C. The City Clerk shall comply with all recommendations and standards
set forth by the California Secretary of State regarding occupations
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 13, 2010 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 LINE]
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ATTEST:
Passed, approved, and adopted this 1st
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ity Clerk
APPROVED AS TO FORM:
P.
Stephen P. Deitsch
City Attorney
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day of December
, 2009.
May of the City of Arcadia
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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. 6704 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 1st day of December, 2009 and that said
Resolution was adopted by the following vote, to wit:
AYES: Council Member Amundson, Chandler, Harbicht, Kovacic and Wuo
NOES: None
ABSENT: None
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City Clerk of the City of Arcadia
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