CC - Item 4C - Resolution Adopting Regulations for Candidates For Elective Office Pertaining to Candidates Statements For the Election to Be Held on Tuesday, March 5, 2013ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER L#
DATE: OCTOBER 23, 2012
SUBJECT: RESOLUTION ADOPTING REGULATIONS FOR CANDIDATES FOR
ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS
FOR THE ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2013
SUMMARY
Election Code Section 13307 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 candidates' statement. Resolution No. 2012 -68
(Attachment A) adopts regulations for candidates for elective office pertaining to
candidates statements submitted to the voters at the City's election to be held on
Tuesday, March 5, 2013.
Staff Recommendation
That the City Council approve Resolution No. 2012 -68.
ANALYSIS
If the attached resolutions are approved, certified copies will be sent to the Board of
Supervisors of the County of Los Angeles.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by: ^ &
OORIA MOLLEDA
CITY CLERK
Attachment A: Resolution No. 2012 -68
ITEM NUMBER: y C
" RESOLUTION NO. 2012-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS
AT AN ELECTION TO BE HELD ON TUESDAY, MARCH 5,
2013
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 candidates 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 March 5, 2013 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 Federal Voting Rights Act, the city is required to translate candidates'
statements into the following languages: Spanish, Chinese, and Vietnamese.
B. Pursuant to state law, the candidate's statement must be translated and printed (in the
voters' pamphlet) in any language at the candidates request.
C. The City Clerk shall:
1. Translations:
(a) have all candidates statements translated into the languages specified in (A) above.
(b) have translated those statements into the languages as requested by the candidate
in (B) above.
2. Printing:
(a) print any translations of candidates who so request printing in the main voter
pamphlet.
- the main voter pamphlet will be an English pamphlet, also containing candidate
statement translations if requested by the candidate.
(b) print all translations of all candidates statements in the main voter pamphlet.
- the main voter pamphlet will be in English, Spanish, Chinese, and Vietnamese.
(c) have all translations made available upon request in the office of the City Clerk.
SECTION T PAYMENT.
A. Translations:
1. 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) of Section 2
above pursuant to Federal andlor State law.
2. 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 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 candidates statement
in English in the main voter pamphlet.
2. The candidate shall be required to pay for the cost of printing the candidates statement
in a foreign language required in (A) of Section 2 above, in the main voter pamphlet.
3. The candidate shall be required to pay for the cost of printing the candidates statement
in a foreign language requested by the candidate per (B) of Section 2 above, in the main
voter pamphlet.
4. The candidate shall be required to pay for the cost of printing the candidates statement
in a foreign language required by (A) of Section 2 above, in the facsimile voter 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
than 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. MISCELLANEOUS.
A) All translations shall be provided by professionally - certified translators.
B) The City Clerk shall allow (bold type) (underlining) (capitalization) (indentations) (bullets)
(leading hyphens) to the same extent and manner as allowed in previous City elections.
C) 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. ADDITIONAL MATERIALS. No candidate will be permitted to include additional
materials in the sample ballot package.
SECTION 6. 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 f That all previous resolutions establishing council policy on payment for
candidates statements are repealed.
[SECTION 8. That this resolution shall apply at the next ensuing municipal election and at
each municipal election after that time.
[SECTION 9. That this resolution shall apply only to the election to be held on March 5, 2013
and shall then be repealed.
SECTION 10. 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 ON OCTOBER 23, 2012.
Sandra Armenta
Mayor
ATTEST:
Gloria Molleda
City Clerk
APPROVE AS TO FORM:
Rachel Richman
City Attorney