Loading...
HomeMy WebLinkAbout2020-27 - Candidate StatementsCITY OF COSTA MESA RESOLUTION NO. 2020-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2020 WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency may 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 COSTA MESA, 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 Costa Mesa on Tuesday November 3, 2020 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 and electronic format (as specified by the City Clerk) in the office of the City Clerk at the time the candidate's nomination papers are filed. The candidate's statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. These general provisions will also apply to electronic candidate statements, those statements that will not be printed in the voter information guide but will be posted on the Registrar of Voters website. SECTION 2: FOREIGN LANGUAGE POLICY. A. Pursuant to the Federal Voting Rights Act, candidates' statements will be translated into all languages required by the County of Orange. The County is required to translate candidates' statements into the following languages: Spanish, Chinese, Korean, and Vietnamese. B. The County will mail separate voter information guides and candidates' statements in Spanish, Chinese, Korean, and Vietnamese 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 candidates' statements in the required languages available at all vote centers, on the County's website, and in the Election Official's office. Resolution No. 2020-27 Page 1 SECTION 3: PAYMENT. A. Translations: 1. The candidate shall be required to pay for the cost of translating the candidate's statement into any re uired foreign language 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 which is not required as specified in (A) and/or (B) of Section 2 above, pursuant to Federal and/or State law, but which 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. 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 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 candidates 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. SECTION 4: ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the voter information guide. SECTION 5: 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. Resolution No. 2020-27 Page 2 SECTION 6: That all previous resolutions establishing council policy on payment for candidates' statements are repealed. SECTION 7: That this Resolution shall apply only to the General Municipal Election on November 3, 2020 and shall then expire without further action by the City Council. 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 16th day of June, 2020. &Wfi QTV,4,",- Brenda Green, City d6rk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) APPROVED AS TO FORM: Kimberly all Barlow, City Attorney I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing Resolution No. 2020-27 was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 16th day of June, 2020, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: CHAVEZ, GENTS, MANSOOR, MARK, REYNOLDS, STEPHENS, AND FOLEY NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 17th day of June, 2020. Z�W& ay BRENDA GR EN, CITY CLERK Resolution No. 2020-27 Page 3