HomeMy WebLinkAbout2005 063 CC RESO2005 063 CC RESO @äÚyÿ Š èô RESOLUTION NO. 2005-063
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK, CALIFORNIA,
ADOPTING REGULATIONS FOR CANDIDATES
FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATES STATEMENTS SUBMITTED TO THE
VOTERS AT AN ELECTION
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 Candidate Statement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. GENERAL PROVISIONS. That pursuant to 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 Baldwin Park 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 typewritten form 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 The statement may be withdrawn, but not changed,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 Voting Rights Act, the City is required to translate Candidates
statements into the following languages: Spanish, Chinese, Tagalog, and
Vietnamese.
b. Pursuant to state law, the Candidate's statement may, at the Candidate's request,
be printed in the English sample ballot pamphlet in the following language(s):
Spanish
c. The County Clerk/Registrar Recorder cannot honor Candidate requests for
Candidate statements to be printed in any other language in the English Sample
ballot pamphlet other than the language specified in b) above.
d. The Registrar Recorder's Office shall
1. have all Candidates statements translated into the language specified in a)
above.
2. have all translations made available upon request in the office of the City Clerk
and Registrar of Voters.
3. translate and print all Candidates' statements in the mandated languages
specified in a) above and mail the translated material in a separate mailing to
voters who have a request on file for a mandated language specified in
Section a) above, at no cost to the city or Candidate.
2005 063 CC RESO @äÚyÿ Š èô Resolution No. 2005-063
Page 2
SECTION 3. PAYMENT.
a. The Candidate SHALL be required to pay for the cost of printing the Candidate's
statement in English and Spanish in the voter's pamphlet.
b. 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) of
Section 2 above, nor SHALL the Candidate be required to pay for the printing and
mailing of said translated materials to the voters who have a request on file for a
mandated language specified in Section a) above.
The County Clerk/Registrar-Recorder shall provide the City Clerk with an estimate of the total
cost of printing, handling, 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 City Clerk
his/her estimated pro rata share as a condition of having his/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 County Clerk/Registrar-Recorder or the City Clerk are not bound by the
estimate and will, 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 City
Clerk will 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.
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 previous Resolution No. 2000-103 establishing Council policy on
payment for Candidates statements is 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 6 day of ly, 20
MA rR
2005 063 CC RESO @äÚyÿ Š èô Resolution No. 2005-063
Page 3
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK
I, ROSEMARY M. RAMIREZ, Chief Deputy City Clerk of the City of Baldwin Park, do
hereby certify that the foregoing Resolution was duly and regularly approved and adopted by
the City Council of the City of Baldwin Park at its regular meeting of July 6, 2005 by the
following vote:
AYES: COUNCILMEMBERS: Marlen Garcia, David J. Olivas, Bill VanCleave
Mayor Pro Tern Ricardo Pacheco and Mayor
Manuel Lozano
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
ROSEMARY M. M EZ, CIVIC
CHIEF DEPUTY CITY CLERK
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