Resolution No. 2012-209RESOLUTION NO. 2012-209
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT ANY
GENERAL MUNICIPAL OR SPECIAL MUNICIPAL ELECTION
WHEREAS, Section 13307 of the Elections Code of the State of
California provides that the governing body of any local agency shall
adopt regulations pertaining to materials prepared by any candidate for
a municipal election, including costs of the candidate's statement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: GENERAL PROVISIONS. Pursuant to Section 13307
of the Elections Code of the State of California, each candidate for
elective office to be voted for in any general municipal or special
municipal election, 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. An
electronic copy of the candidate statement should also be submitted to
the office of the City Clerk when filing. 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withdrawn, but not changed, during the period for filing nomination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 state law, the candidate's statement must
be translated and printed in the Voter's pamphlet in Spanish at.the
candidate's request.
b. The City Clerk shall have translated only those
statements into Spanish as requested by the candidate.
SECTION 3: PAYMENT.
a. The candidate shall be required to pay for the cost of
printing the candidate's statement in English in the Voter's pamphlet.
b. The candidate shall be required to pay for the cost of
translating the candidate's statement into Spanish pursuant to State
law. The City Clerk shall select the person who provides the Spanish
translation pursuant to the criteria set forth in Elections Code
Section 13307(b).
C. The candidate shall be required to pay for the cost of
printing the candidate's statement in Spanish in the voter pamphlet.
d. The City Clerk shall estimate the total cost of
printing, handling, translating, and mailing the candidate's
statements filed pursuant to the Elections Code, 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 paid, the estimate is just an approximation of
the actual cost that vary from one election to another. The actual
cost for the current election 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 the additional actual
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expense or refund any excess amount 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.
e. The City Clerk shall comply with all applicable State
statutes, regulations, standards and guidelines published by the
Secretary of State regarding candidates' statements, ballot
designations and other procedural items.
SECTION 4: ADDITIONAL MATERIALS.
No candidate will be permitted to include additional
materials in the sample ballot package.
SECTION 5: The City Clerk shall provide each candidate or
the candidate's representative a copy of this Resolution at the time
nomination documents are issued.
SECTION 6: All previous resolutions establishing Council
policy on payment for candidates' statements are repealed.
SECTION 7: This resolution shall apply at the next ensuing
general municipal election and at each general municipal or .special
municipal election until repealed.
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SECTION 8: The Interim City Clerk of the City of Vernon
shall certify to the passage, approval and adoption of this
resolution, and the Interim City Clerk of the City of Vernon shall
cause this resolution and the Interim City Clerk's certification to be
entered in the File of Resolutions of the Council of this City.
APPROVED AND ADOPTED this 6th day of November, 2012.
Name: William J. Davis
ATTEST
DanJ FVVd, Interim City Clerk
Title: Mayor /�^ —--
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STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
I, Dana Reed, Interim City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 2012-209,
was duly passed, approved and adopted by the City Council of the City
of Vernon at a regular meeting of the City Council duly held on
Tuesday, November 6, 2012, and thereafter was duly signed by the Mayor
or Mayor Pro-Tem of the City of Vernon.
Executed this 4 day of November, 2012, at Vernon, California.
Da a Reed, Interim City Clerk
(SEAL)
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Citv Clerk's Office
DATE: October 23, 2012
TO: Honorable Mayor and City Council
FROM: Dana Reed, Acting City Clerk
RE: General Municipal Election — April 9, 2013
Background:
On April 9, 2013, the City of Vernon will be conducting an all mail ballot General Municipal
Election ("election") for the purpose of electing one member of the City Council for the fall term
of five years.
This requires a resolution calling the election, and a resolution adopting regulations pertaining to
materials prepared by any candidate for a municipal election.
Historically and procedurally, the City has adopted a new set of regulations relating to candidate
statements for each candidate election, which are election specific. That is, although the contents
of the regulations are the same in each election, the resolution applies only to a single specific
election.
Since the candidate statement resolutions have been election specific, a new candidate statement
resolution must be adopted for the April 9, 2013 election. It is recommended that the candidate
statement guidelines be generalized and not election specific. Furthermore, for translating
purposes an electronic copy is required. For this reason, in addition to the typewritten form
requirement, direction that an electronic copy should also 'be submitted to the Clerk's
Department when filing candidate statement is suggested.
Additionally, the City Clerk's office requires the Board of Supervisors of the County of Los
Angeles to permit the County Election Department to prepare and furnish to the City the
computer record of the names and addresses of all eligible registered voters in the City, and
regulations regarding candidate statements, so that the City may print labels to be attached to
self -mailer sample ballot pamphlets, and to snake available to the City additional election
equipment and assistance according to state law.
Recommendation:
I recommend that the following resolutions be approved for the General Municipal Election to be
held on April 9, 2013:
1. Calling the election,
2. Regulations regarding candidate statements,
3. Engagement of the County of Los Angeles Election Department,
DR/ab