HomeMy Public PortalAbout2009.124 (06-23-09)/~
RESOLUTION NO. 2009.124
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 3, 2009
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 LYNWOOD
RESOLVES, DECLARES, DETERMINES, AND ORDERS 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 Lynwood on November 3, 2009 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 The statement may be withdrawn, but not changed, during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, the city is required to translate
candidates statements into the following languages:
Spanish, Chinese, Japanese, Korean, Tagalog, and Vietnamese.
B. Pursuant to state law, the candidate's statement must be translated and
printed (in the voters pamphlet) in any language at the candidates request.
C. The City Clerk shall
1. Translations
a. Have translated those statements into the languages as requested
by the candidate in (B) above.
2. Printing
a. Print any translations of candidates who so request printing in the
main voter pamphlet.
- The main voter pamphlet will be an English pamphlet, also
containing candidate statement translations if requested by the
candidate.
Section 3. PAYMENT. ,~
A. Translations:
1. The candidate shall be required to pay for the cost of translating the
candidates statement into any required foreign language as specified in
(A) 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 be required to pay for the cost of printing the
candidates 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 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 his or her estimated pro rata share as a
condition of having his or her statement included in the voter's pamphlet. 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, 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 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. ADDITIONAL MATERIALS. No candidate will be permitted to
include additional materials in the sample ballot package.
Section 5. 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 6. That all previous resolutions establishing council policy on payment
for candidates statements are repealed.
Section 7. That this Resolution shall apply at the next ensuing municipal
election and at each municipal election after that time.
Section 8. 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 23`d day of June, 2009.
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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 special meeting held on the 23`d day of June, 2009.
AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO
AND SANTILLAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
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Maria Quinonez, City Clerk
~~ 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. 2009.124 on file in my office and that said Resolution was
adopted on the date and by the vote therein stated. Dated this 23`d day of June, 2009.
Maria Quinonez, ity Clerk
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Mari T. Santillan
Mayor
ATTEST:
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Maria Quinonez
City Clerk
Fred Galante
City Attorney
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