HomeMy WebLinkAboutResolution No. 6773 RESOLUTION NO. 6773
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR
ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS
SUBMITTED TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, NOVEMBER 2, 2004.
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, 2004, 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withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of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 Voting Rights Act, the City is required to translate candidates
statements into the Spanish language, in addition to English, and any other
language determined by the County of Los Angeles.
(b) Pursuant to State law, the candidates' statements must be translated and printed in
the voters pamphlet in the Spanish language at the candidates request.
RESOLUTION NO. 6773
PAGE TWO --
(c) The City Clerk shall have all candidates statements translated into the languages
specified in (a) above; have all translations made available upon request in the
office of the City Clerk; and print any Spanish translations of candidates who so
request printing in the voters pamphlet.
SECTION 4. PAYMENT.
(a) The candidate shall be required to pay for the cost of printing the candidates
statement in the English language in the voters pamphlet.
(b) The candidate shall be required to pay for the cost of printing the candidates
statement in the Spanish language in the voters pamphlet.
(c) The candidate shall not be required to pay for the cost o f translating the
candidates' statement into any required foreign language as specified in Section 3
(a) above pursuant to State and /or Federal law.
The City Clerk shall estimate the total cost of printing, and mailing the
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candidates statements filed pursuant to this section, including costs incurred as a result of
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com l yn with the Voting Rights Act of 1965 (as amended), and require each candidate filing a
complying
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. ADDITIONAL MATERIALS. No candidate will be permitted to
include additional materials in the sample ballot package.
SECTION 6. NOTICE OF REGULATIONS. That the City Clerk shall provide each
candidate, or the candidates representative, a copy of this Resolution at the time nominating
petitions are issued.
SECTION 7. REPEAL OF PRIOR RESOLUTIONS. That all previous Resolutions
establishing council policy on payment for candidates statements are repealed.
SECTION 8. APPLICABILITY. That this Resolution shall apply only to the General
Municipal Election to be held on November 2, 2004, and shall then be repealed.
RESOLUTION NO. 6773
PAGE THREE
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, 2004.
Aa (
KIRK O. CARTOZIA yor
ATTEST:
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KATHLEEN L. MIDSTOKKE, City Clerk
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, 2004, by the following vote,
to wit:
AYES: 5 Council Members: Bayer, McCarthy, Perkins, Trejo, Mayor Cartozian
NOES : 0 Council Member: None
ABSENT: 0 Council Member: None
ABSTAIN: 0 Council Member: None
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KATHLEEN L. MIDSTOKKE, City Clerk