HomeMy WebLinkAboutRES 13-6853 (CANDIDATE STATEMENTS)1
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RESOLUTION NO. 13-6853
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, 2013
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, 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statement may be withdrawn, but not changed, during the period for filing nomination papers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, 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:
Chinese, Japanese, Korean, Spanish, Tagalog/Filipino, Vietnamese and/or others.
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B. The County will print and mail sample ballots and candidate statements to all voters
in English, and will mail separate sample ballots and candidate statements in other qualified
languages to only those voters who are on the County voter file as having requested a sample
ballot in a particular language. The County will make sample ballots 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.
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The City Clerk shall estimate the total cost of printing, handling, translating, and mailin
the candidates' statements filed pursuant to this section, including costs incurred as a result o
complying with the Voting Rights Act of 1965 (as amended), and shall require each candidat,
filing a statement to pay in advance to the City his or her estimated pro rata share as a conditioi
of having his or her statement included in the voter's pamphlet. The estimate is just ai
approximation of the actual cost that varies from one election to another election and may bi
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 rat,
basis, bill the candidates for additional actual expense or refund any excess paid, depending o1
the final actual cost. In the event of underpayment, the City Clerk shall require the candidate t1
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 o
the election.
SECTION 4. MISCELLANEOUS.
A. All translations shall be provided by professionally -certified translators.
B. The City Clerk shall allow boldface type, underlining, capitalization, and leading
dashes/hyphens in the statement, to the same extent and manner as allowed in previous City
elections, but the number of words/acronyms that are in boldface type, underscored and/or
capitalized may 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 sample ballot package.
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.
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1 SECTION 7. All previous Resolutions establishing Council policy on payment for
2 candidates' statements are repealed.
3 SECTION 8. This Resolution shall apply only to the election to be held on Tuesday,
4 November 5, 2013, and shall then be repealed.
5 SECTION 9. The City Clerk shall certify to the passage and adoption of this Resolution
6 and enter it into the book of original Resolutions.
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8 PASSED, APPROVED AND ADOPTED ON THIS 25TH DAY OF JUNE, 2013.
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11 PRES1fiEWT oft e City eoukcil and MAYOR of the City of Hermosa Beach
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13 ATTEST: APPROVED AS TO FORM:
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16 City t7e`F-C aityy Attorney
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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. 13-6853 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 25, 2013.
The vote was as follows:
AYES:
DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
NOES:
None
ABSTAIN:
None
ABSENT:
None
Dated: June 26, 2013
Elaine Doerfling, City Clerk