CC - 2005-36 - Adopting Regulations for Candidates StatementsRESOLUTION 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 The statement may be withdrawn,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) and (b) above; and shall have all the translations of all
candidates statements printed in the voters pamphlet.
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Resolution No. 2005-36
Page 2.
SECTION 3. PAYMENT
a. The candidate shall be required to pay for the cost of printing the
candidate's 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 2 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
candidate's statement in all 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 tiling 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 permitted 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.
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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 llth day of October, 2005.
ATTEST:
City Clerk f r-cl~
4 MA
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD
I, Nancy Valderrama, City Clerk of the City of Rosemead, do hereby certify that
the foregoing Resolution No. 2005-36 being:
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
was duly and regularly approved and adopted by the Rosemead City Council on
the I Ith day October 2005, by the following vote to wit:
YES: CLARK, NUNEZ, IMPERIAL, TAYLOR, IRAN
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
Nancy ` alder ama
City Clerk