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HomeMy Public PortalAbout15-135RESOLUTION NO. 15-135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR CITY CLERK PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, FEBRUARY 23, 2016 WHEREAS, § 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 CARSON, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. GENERAL PROVISIONS. A. That pursuant to § 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at the special election to be held in the City of Carson on Tuesday, February 23, 2016, may prepare a candidate's statement on an appropriate form provided by the Elections Official. B. 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. C. The statement shall be filed in typewritten form in the Office of the Elections Official at the time the candidate's nomination papers are filed, and the nomination papers shall be filed not less than 75 days prior to the date of the election and not before the day the order of the election is issued. D. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 6:00 p.m. of the next working day after the close of the nomination period.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 the following languages: Spanish and Tagalog. B. The Elections Official shall: 1. Translations: (a) Have all candidates statements translated into the languages specified in 01007.0001/274924.1 Resolution No. 15-135 November 17, 2015 Page 1 of 4 (A) above, pursuant to state and federal law. 2. Printing: (a) Print all translations of all candidates statements pursuant to (A) above, in facsimile voter pamphlets - facsimile voter pamphlets will be in Spanish and Tagalog. (b) Print all translations of all candidates statements in the main voter pamphlet. - the main voter pamphlet will be in English, Spanish and Tagalog. (c) Have all translations made available upon request in the Office of the Elections Official. Section 3. 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 (A) and/or (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 candidates statement in English in the main voter pamphlet. 2. The candidate shall not be required to pay for the cost of printing the candidates statement in a foreign language required in (A) of Section 2 above, in the main voter pamphlet. 3. The candidate shall not be required to pay for the cost of printing the candidates statement in a foreign language required by (A) of Section 2 above, in the facsimile voter pamphlet. C. Cost: The Elections Official 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 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 Elections Official 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 Elections Official may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the Elections Official 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 translations shall be provided by professionally -certified translators pursuant to 01007.0001/274924.1 Resolution No. 15-135 November 17, 2015 Page 2 of 4 state and federal law. B. The Elections Official shall allow bold type, underlining, capitalization, indentations, bullets, and leading hyphens to the same extent and manner as allowed in previous City elections. C. The Elections Official 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 Elections Official 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 only to the election to be held on Tuesday, February 23, 2016 and shall then be repealed. Section 9. That a Deputy 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 at a regular meeting of the City Council on this 17th day of November, 2015. A ATTEST: Joy Sim ago, Deputy City Clerk am Sunn —SoltAni, Oity Attorney 01007.0001/274924.1 Resolution No. 15-135 November 17, 2015 Page 3 of 4 RESOLUTION NO. 15-135 PAGE 4 OF 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON ) I, Joy Simarago, Deputy City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council is five; that the foregoing resolution, being Resolution No. 15-135 was duly and regularly adopted by said Council at a regular meeting duly and regularly held on the 17`h of November, 2015, and that the same was passed and adopted by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Mayor Robles, Davis -Holmes, Hilton, and Gause-Aldana None None Santarina Deput City Clerk Joy Simarago