Loading...
HomeMy WebLinkAboutResolution No. 10-7193 - Approve Candidate Regs Nov. 2 2010RESOLUTION NO. 10-7193 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITrED TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010. WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency 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 DOWNEY DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. GENERAL PROVISIONS. That pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Downey on November 2, 2010, may prepare a candidates statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidates 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 form in the office of the City Clerk at the time the candidates nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:30 p.m. of the next working day after the close of the nomination period. SECTION 2. CITY OF DOWNEY CHARTER PROVISION. Pursuant to Section 1307 of the Downey City Charter, any candidate for an elective City office may prepare a statement of qualifications in accordance with the restrictions set forth by State law and subject to the following additional restriction: A statement of qualifications shall be limited to a recitation of the candidates own personal background and qualifications and shall not in any way make reference to other candidates or to other candidates qualifications, character or activities. The City Clerk shall not cause to be printed or circulated any candidates statement of qualifications which the City Clerk determines is not so limited or which includes any such references. SECTION 3. FOREIGN LANGUAGE POLICY A.Pursuant to the Federal Voting Rights Act, candidates statements will be translated into all languages required by the County of Los Angeles. The County is required to translate candidate’s statements into the following languages: Chinese, Japanese, Korean, Spanish, Tagalog and Vietnamese. B The County will print and mail separate sample ballot pamphlets and candidates statements in Chinese, Japanese, Korean, Spanish, Tagalog and Vietnamese to only those voters who are on the county voter file as having requested a sample ballot in a particular language. The County will make the sample ballots and candidates statements in the required languages available at the polling places, on the County’s website, and in the Election Official’s office. RESOLUTION NO. 10-7193 PAGE TWO SECTION 4. PAYMENT A Translations: 1. The candidate shall not be required to pay for the cost of translating the candidates statement into any required foreign language as specified above pursuant to Federal and/or State law. 2. The candidate shall be required to pay for the cost of translating the candidates statement into any foreign language that is not required above, pursuant to Federal and/or State law, but is requested as an option by the candidate. B Printing: 1. The candidate shall be required to pay for the cost of printing the candidates statement in the English language in the main voters pamphlet. 2. The candidate shall be required to pay for the cost of printing the candidate’s statement in the Spanish language in the main voters pamphlet, if requested. The City Clerk shall estimate the total cost of printing, handling and mailing the candidates 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 local agency his or her estimated pro rata share as a condition of having his or her statement included in the voters pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. SECTION 5. MISCELLANEOUS A.All translations shall be provided by professionally-certified translators. B The City Clerk shall allow/disallow bold type, underlining, capitalization, leading hypens, to the same extent as allowed by the County of Los Angeles. C The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State and the County of Los Angeles regarding occupational designations and other matters relating to elections. SECTION 6. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. RESOLUTION NO. 10-7193 PAGE THREE SECTION 7. NOTICE OF REGULATIONS. That 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 8. REPEAL OF PRIOR RESOLUTIONS. That all previous Resolutions establishing Council policy on payment for candidates statements are repealed. SECTION 9. APPLICABILITY. That this Resolution shall apply only to the General Municipal Election to be held on November 2, 2010, and shall then be repealed. SECTION 9. CERTIFICATION. That the City Clerk shall certify to the passage and adoption of this Resolution. APPROVED AND ADOPTED this 8th day of June, 2010. ANNE M. BAYER, Mayor [ ATTEST: I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 8th day of June, 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN : Council Members: Brossmer, Gafin, Guerra, Mayor Bayer Council Member: None Council Member: Marquez Council Member: None EnThe