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HomeMy WebLinkAbout2005 063 CC RESO2005 063 CC RESO@äÚyÿŠèô 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 The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.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@äÚyÿŠèô 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@äÚyÿŠèô 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 BIB] 38657-U01 2005-U02 063-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO60484-U03 DO75109-U03 C6-U03 RESO-U03 10/19/2005-U04 ROBIN-U04