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Home My WebLink AboutRES 19-7186 (ADOPT REGULATIONS FOR CANDIDATE STATEMENTS)2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 19-7186 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS TO BE SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2019 WHEREAS, Section 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' statements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. GENERAL PROVISIONS. That pursuant to Section 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 Hermosa Beach on Tuesday, November 5, 2019, 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 The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.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, candidate statements will be translated into all languages required by the County of Los Angeles. The County may be required to translate Hermosa Beach candidates' statements into one or more of the following languages: Page 1 of 4 19-7186 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Spanish, Chinese, Japanese, Korean, Tagalog, Vietnamese and/or others. B. The County will print and mail voter information guides and candidate statements to all voters in English, and will mail separate voter information guides and candidate statements in other qualified languages to only those voters who are on the County voter file as having requested a voter information guide in a particular language. The County will make the voter information guides and candidate statements in the required languages available at all of the City's polling places, on the County's website, and in the City Clerk's office. SECTION 3. PAYMENT. A. Translations. 1. The candidate shall be required to pay for the cost of translating the candidate's statement into any required foreign languages as specified in (A) and/or (B) of Section 2 above, pursuant to Federal and/or State law. 2. The candidate shall be required to pay for the cost of translating the candidate's statement into any foreign language that is not required as specified in (A) and (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 candidate's statement in English in the main voter pamphlet. 2. The candidate shall be required to pay for the cost of printing the candidate's 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 candidate's 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 candidate's statement in a foreign language required by (A) of Section 2 above in the facsimile voter pamphlet. // Page 2 of 4 19-7186 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidates' statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and shall require each candidate filing a statement to pay in advance to the City his or her estimated pro rata share as a condition of having his or her statement included in the voter's pamphlet. 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 City Clerk is not bound by the estimate and shall, on a pro rata basis, bill the candidates for additional actual expense or refund any excess paid, depending on the final actual cost. In the event of underpayment, the City Clerk shall 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. MISCELLANEOUS. A. All translations shall be provided by professionally -certified translators. B. The City Clerk shall allow bold type, underlining, capitalization, indentations, bullets, and leading hyphens in the statement, to the same extent and manner as allowed in previous consolidated City elections. Words/acronyms to be printed in boldface type, underscored and/or CAPITALIZED must be clearly indicated and shall not exceed 25 words. 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 voter information guide. SECTION 6. The City Clerk shall provide to each candidate or the candidate's representative a copy of this Resolution at the time the nominating petitions are issued. SECTION 7. All previous Resolutions establishing Council policy on payment for candidates' statements are repealed. Page 3 of 4 19-7186 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 8. This Resolution shall apply only to the election to be held on Tuesday, November 5, 2019, and shall then be repealed. SECTION 9 This Resolution shall take effect immediately. The City Clerk shall certify to the passage and adoption of this Resolution; shall cause the original of the same to be entered among the original resolutions of the City Council; shall make a minute of the passage and adoption thereof in the minutes of the City Council meeting at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 1 lth day of June, 2019. PRESIDENT of the City Council ATTEST: City Clerk nd M OR of the City of Hermosa Beach, California APPROVED AS TO FORM: City Attorney Page 4 of 4 19-7186 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF HERMOSA BEACH I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Resolution No. 19-7186 was duly and regularly passed, approved, and adopted by the City Council of the City of Hermosa Beach at a Regular Meeting of said Council at the regular place thereof on June 11, 2019 by the following vote: AYES: Campbell, Duclos, Fangary, Massey, Mayor Armato NOES: None ABSENT: None ABSTAIN: None Dated: June 11, 2019 3 Elaine Doerfling, City C I