HomeMy WebLinkAboutResolution No. 06-6925 - Approve Candidate Regulations for 11/7/06 ElectionRESOLUTION NO. 06-6925
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 7, 2006.
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 7, 2006, 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withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of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 Federal Voting Rights Act, the City may be 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.
C
Pursuant to State law, the candidates statement must be translated and printed
in the voters pamphlet in the Spanish language at the candidates request.
The City Clerk shall:
1. Translations
(a) Have all candidates statements translated into the languages
specified in (a) above;
2. Printing.
(a) Have all translations made available upon request in the office of the
City Clerk; and print any Spanish translations of candidates who so
request and pay for printing in the voters pamphlet.
RESOLUTION NO. 06-6925
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 in Section
3 (a) above pursuant to Federal and/or State law.
B.Printing :
1. The candidate shall be required to pay for the cost of printing the candidates
statement in the English language in the voters pamphlet.
2. The candidate shall be required to pay for the cost of printing the candidates
statement in the Spanish language in the 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. 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 candidate’s 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 repeated.
SECTION 8. APPLICABILITY. That this Resolution shall apply only to the General
Municipal Election to be held on November 7, 2006, and shall then be repealed.
SECTION 9. CERTIFICATION. That the City Clerk shall certify to the passage and
adoption of this Resolution.
RESOLUTION NO. 06-6925
PAGE THREE
(APPROVED AND ADOPTED this 13th day of June, 2006.
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MEREDITH H. PERKINS, Mayor
ATTEST:
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KATHLEEN L, MiDSTOKKE, City Clerk
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
Ole City of Downey at a regular meeting held on the 13th day of June, 2006, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN :
5 Council Members: Bayer, Cartozian, Gafin, Trejo, Mayor Perkins
0 Council Member: None
0 Council Member: None
0 Council Member: None
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KATHLEEN L. MIDSTOKKE, City Clerk