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HomeMy WebLinkAboutCC Res 6279 2012-07-09 RESOLUTION NUMBER 6279 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE'S STATEMENTS SUBMITTED TO THE VOTERS AT A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012 WHEREAS, Elections Code §13307 establishes requirements pertaining to candidate's statements prepared by any candidate for a non-partisan elective office. THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. GENERAL PROVISIONS. That pursuant to Elections Code §13307, each candidate for elective office to be voted for at the General Municipal Election to be held in the City of Seal Beach on November 6, 2012 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 the 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. Except as provided in Elections Code §13309, the candidate's statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. Filing period: July 16th through August 10th, 2012. SECTION 2: FOREIGN LANGUAGE POLICY. A. Pursuant to the Federal Voting Rights Act, candidate's statements will be translated into all languages required by the County of Orange. The County is required to translate candidate's statements into the following languages in addition to English: Spanish, Chinese, Korean, and Vietnamese. SECTION 3: PAYMENT. A. Translations: 1. The candidate shall be required to pay for the cost of translating the candidate's statement into any required foreign language as specified in A of Section 2 above, pursuant to Federal and\or State law. 2. The candidate shall be required to pay for the cost of translating the candidate's statement into any foreign language that is not required as specified in A of Section 2 above, pursuant to Federal and\or State law, but is requested as an option by the candidate. 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 required in A of Section 2 above, in the main voter pamphlet. C. 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 Resolution Number 6279 1965 (as amended), and require each candidate filing a statement to pay in advance to the City 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 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 II excess paid depending on the final actual cost. In the event of underpayment, the City Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. The General Municipal Election (November 6, 2012) is consolidated with the County of Orange and the Registrar of Voters office will determine the final cost for each city participating in the election. D. According to the City's comprehensive fee schedule there is a candidate's filing fee of $288.00 (non-refundable). SECTION 4. MISCELLANEOUS. A. All translations shall be provided by professionally certified translators. B. Candidate's statement will comply with the formatting and submission guidelines provided by the City Clerk and of the Orange County Registrar of Voters. C. No candidate will be permitted to include additional materials in the sample ballot package. D. 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. 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 City Council policy on payment for candidate's statements are repealed. SECTION 7. That this Resolution shall apply only to the General Municipal Election to be held on November 6, 2012 and shall then expire. 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. (Intentionally Left Blank) Resolution Number 6279 PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 9th day of July , 2012 by the following vote: AYES: Council Members 441,t67 r %ir 2441 cakth NOES: Council Members /VC/ ,/ ABSENT: Council Members c ABSTAIN: Council Members A, / J•O� SEA[ B l,, f/ 4s\/-4---c-vusbRifro",.,4q,.4i,w, 'Mayor or ATTEST: ° ° OVE//./:. iLd4A City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6279 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 9th day of July , 2012. Cit Clerk