HomeMy Public PortalAbout2011.146 (06-21-11) RESOLUTION NO. 2011.146
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE
OFFICE PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO THE
VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011
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
candidate's statement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, 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 Eiection to be held in the City of Lynwood on November 8, 2011 may prepare a
candidate's 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 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 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 The statement may be withdrawn, but not changed, during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, 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 mail separate sample ballots 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 all polling
places, on the County's website, and in the Election Official's office.
Section 3. PAYMENT.
A. Translations:
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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
(A) and (B) of Section 2 above pursuant to Federal and/or State law.
B. Printing:
1. The candidate shall be required to pay for the cost of printing the
candidate's statement in English in the main voter pamphlet.
2. The candidate shall be required to pay for the cost of printing the
candidate's statement in a foreign language requested by the candidate
per (B) of Section 2 above, in the main voter pamphlet.
The City Clerk shall estimate the total cost of printing, handling, translating, 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 voter's
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 clerk is not bound by the estimate and
may, on a pro rata basis, bili 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 over
payment, the clerk shall prorate the excess amount among the candidates and refund
the excess amount paid within 30 days of the election.
Section 4. MISCELLANEOUS.
A. All transactions shall be provided by professionally-certified translators.
B. The City Clerk shall allow dashes/hyphens (-) and up to 25 enhanced words.
Enhanced words are words printed in bold type, underlining, or using
capitalization.
C. The City Clerk shall comply with all recommendations and standards set forth
' by the California Secretary of State regarding occupational 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. 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. That all previous resolutions establishing council policy on payment
for candidates' statements are repealed.
Section 8. That this Resolution shall apply at the next ensuing municipal
election and at each municipal election after that time.
Section 9. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original Resolutions.
PASSED, APPROVED, AND ADOPTED this 21 day of June, 2011.
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Aide Castro, Mayor
ATTEST:
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aria Quinonez, ity Clerk 2� Fred Galante, City Attorney
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STATE OF CALIFORNIA �
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Resolution was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the 21 day of June, 2011.
AYES: COUNCIL MEMBERS FLORES, RODRIGUEZ, SANTILLAN, MORTON
AND CASTRO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Maria Quinonez, City Clerk Ls�� ,
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STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City
Council of said City, do hereby certify that the above foregoing is a full, true and correct
copy of Resolution No. 2011.146 on file in my office and that said Resolution was
adopted on the date and by the vote therein stated. Dated this 21 day of June, 2011.
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Maria Quinonez, City Clerk