CC - Item 4C - Adopting Regulations for Candidates 2005-36•
RESOLUTION NO. 2005-36
•
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR
ELECTIVE OFFICE PERTAINING TO CANDIDATE'S STATEMENTS
SUBMITTED TO THE VOTERS AT A SPECIAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, FEBRUARY 7, 2006
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's statement:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
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 Rosemead on February 7, 2006, may prepare a candidate's statement on an
appropriate form provided by the City Clerk. That pursuant to § 11327 of the Elections Code, an
officer whose recall is being sought may file a statement with the elections official in accordance
with Section 13307, to be sent to each voter, together with the sample ballot. 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 The statement may be withdrawn,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 Voting Rights Act, the City is required to translate
candidates' statements into the following languages: Spanish, Vietnamese
and Chinese.
b. Pursuant to state law, the candidate's statement must be translated and
printed in any language at the candidate's request.
The City Clerk shall have all statements translated into the languages
specified in (a) above; have all translations made available upon request in
the office of the City clerk; print arty4Fa*Mft4ons-of4r-andidates who so
request printing in the voters pamphlet; and print all translations of all
candidates statements in the voters pamphlet.
COUNCIL AGrE';kf!DA
OCT 112005
ITEM No. cam-' ~
• •
Resolution No. 2005-36
Page 2.
SECTION 3. PAYMENT
a. The candidate shall be required to pay for the cost of translating the
candidates statement in English in the voters pamphlet.
b. The candidate shall be required to pay for the cost of translating the
candidates statement into any required foreign language as specified in (a)
and/or (b) above pursuant to State and/or Federal law.
C. The candidate shall be required to pay for the cost of translating the
candidates statement into any foreign language that is not required as
specified in (a) and/or (b) of Section ? above, pursuant to State and/or
Federal law, but is requested as an option by the candidate.
d. The candidate shall be required to pay for the cost of printing the
candidates statement in the foreign languages as required in the voters
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 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 that 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 overpayment, 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 MATERIAL. No candidate will be pennitted to include
additional materials in the sample ballot package.
SECTION 5. That the City Clerk shall provide each candidate of 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.
Resolution No. 2005-36
Page 3.
•
SECTION 7. That this resolution shall apply at the neat 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 11th day of October, 2005.
MAYOR
ATTEST:
City Clerk
• •
FROM THE OFFICE OF THE CITY CLERK
SPECIAL MUNICIPAL ELECTION - TUESDAY, FEBRUARY 6, 2006
INSTRUCTIONS FOR ISSUING NOMINATION PAPERS
The polls will be open from 7:00 a.m. to 8:00 p.m.
1. Remove Receipt for Contents from front jacket and use as a guide. Candidate must
sign and date this when through. No nomination papers will be issued without this
explanation.
2. Remove Nomination Paper and enter candidate name, sign and date. Review this
form re: signers must be registered voters in the City of Rosemead.
3. Remove Candidate Statement of Qualifications and enter candidate name.
A. Stress that candidate statement is optional, but if one is desired. the candidate
is responsible for paying all related costs, including legally required translations.
B. Review deposit costs as follows (Account: 4120-5135-01)
1) English printed in Sample Ballot Pamphlet plus required translations in
Voterlnformation Pamplet: $1130.00
2) Candidate required Spanish, Vietnamese and Chinese printed in
,Sample Ballot @$410 each: $1230.00
3) Approximate total of all three languages (includes 8.25 tax):
$2554.00
This is a deposit only, and the final charges could be more or less than this
deposit, depending on the number of registered voters and the number of candidates.
C. Have candidate sign re: his/her choice for candidate statement
4. Review each page in handbook with candidate.
5. Note that in order to qualify as a candidate, all of the following items must be filed at
the same time:
A. Nomination Paper - completed
B. Form 700 - Statement of Economic Interests, Candidate Statement
C. A Candidate Statement of Qualifications, if desired, and a check covering
the amount of the appropriate deposit.
0 0
6. Review Forms 410 and 501. Notice of Intent and Campaign Bank Account. This form
must be filed before soliciting any campaign contributions or spending any money.
7. Note again reference to qualifications for Candidate Statement and another copy of
word count standard.
8. Review Resolution 2000-50, authority for setting rules for Candidate Statement.
9. Review rules re: ballot designation - this does not necessarily have to be the same as
"occupation" on Candidate Statement; however, whatever is used may not mislead the
public.
10. Review Form 700 re: Conflict of Interest
11. Review the City's sign regulations for elections.
12. Review rules for mass mailings of candidate literature.
13. Go over form and rules for Absent Voter ballots. Form used must be same or
substantially same as one provided. Must have the candidate's name, address and phone
number printed on it. NO OTHER PRE-PRINTED INFORMATION IS
ALLOWED.
14. This is provided to shoe prior election results.
15. A precinct map from the 1999 election.
16. A current budget summary.
17. A summary of the FPPC candidate statements including due dates and dates covered,
the various forms are provided.
18. Show information provided in back pocket, i.e., the City map and Election Calendar.
19. Ask if candidate has any questions.
RECEIPT MUST BE SIGNED AND DATED