The URL can be used to link to this page

Home My WebLink AboutResolution 2004-70 - Regulations for Candidates for Elective NA) CCU Council/Agency Meeting Held: ZWOV Deferred/Continued to: 1AApproved ❑ Conditionally Approved ❑ Denied Cit C erk's igna e Council Meeting Date: August 16, 2004 Departmen Number: CK 2004-9 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR CITY COUNCIL MEM ERS SUBMITTED BY: PENELOPE CULBRETH-G` , A I�OR JOAN L. FLYNN, CITY CLERK v� Or PREPARED BY: JOAN L. FLYNN, CITY CLERK SUBJECT: Resolution Regarding Candidates' Statements Submitted to the Voters at an Election k s /00 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Resolution 98-42 was adopted at the June 1, 1998 City Council meeting which addressed the State Election Code for candidate's statements as it pertained to word count, foreign language policy, payment and additional materials. The resolution was not inclusive of State Election Code §13309 information on alleged indigency procedures. A new resolution is being presented to repeal Resolution 98-42 and adopt Resolution No. 2004-70 which includes the section on indigency procedures. Funding Source: Not applicable. Recommended Action: Motion to: Adopt Resolution No. 2004-70 - A Resolution of the City Council of the City of Huntington Beach Adopting Regulations for Candidates for Elective Office Pertaining to Candidates' Statements Submitted to the Voters at an Election. Alternative Action(s): None � — 1 REQUEST FOR ACTION MEETING DATE: August 16, 2004 DEPARTMENT ID NUMBER:CK 2004-9 Analysis: The City Charter provides for city elections to be held pursuant to the State Elections Code. The current resolution 98-42 complies with State Election Code but does not address section 13309 (Alleged indigency; procedures). Election Code § 13309 dictates that if a candidate alleges to be indigent and unable to pay in advance the requisite fee for submitting a candidate statement, the candidate shall submit to the local agency a statement of financial worth to be used in determining whether or not he or she is eligible to submit a candidate statement without payment of the fee in advance. The candidate's statement and financial worth statement shall be submitted in accordance with the deadline for filing nomination papers. Upon receipt of the statement of financial worth, a determination shall be made by the local agency as to whether or not the candidate is indigent. The local agency shall notify the candidate of its findings. If it is determined that the candidate is not indigent, the candidate shall, within three days of the notification, excluding Saturdays, Sundays and state holidays, withdraw the statement or pay the requisite fee. If the candidate fails to respond within the time prescribed, the local agency shall not be obligated to print and mail the statement. If the local agency determines that the candidate is indigent, the local agency (The City of Huntington Beach) will remit to the County the cost (which is currently estimated to be $2,200) to print and mail the statement. The 2004 election cost for a candidate's statement is estimated by the County of Orange Registrar of Voters to be $2,200. If a Huntington Beach candidate has been determined as indigent through the process listed above, the city would remit the $2,200 to the County to print and mail the statement. The city would then bill the candidate for the full cost of the statement after the election. Environmental Status: N/A Attachment(s): NumberCity Clerk's Page . Description 1. Resolution No. 2004-70 -A Resolution of the City Council of the City of Huntington Beach Adopting Regulations for Candidates for Elective Office Pertaining to Candidates' Statements Submitted to the Voters at an Election G:\RCA'S\2004rca\ck2004-9 General Municipal Election.doc -2- 8/12/2004 7:55 AM ATTACHMENT # 1 RESOLUTION NO. 2004-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION 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 candidate's statement, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. 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 Huntington Beach 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 qualification 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 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. Pursuant to the Voting Rights Act, the City is required to translate candidates' statements into the following languages in addition to English: Spanish and Vietnamese. The City Clerk shall have all candidates' statements translated into the languages specified above. SECTION 3. The candidate shall be required to pay for the cost of printing the candidate's statement. The City Clerk shall provide an estimate of 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 City 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 City 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 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. 04reso/candidate statement 1 volution No. 2004-70 SECTION 4. (a) Notwithstanding Section 3 of this Resolution or California Elections Code Section 13307, if a candidate alleges to be indigent and unable to pay in advance the requisite fee for submitting a candidate statement, the candidate shall submit to the City Clerk a statement of financial worth to be used in determining whether or not he or she is eligible to submit a candidate statement without payment of the fee in advance. (b) The statement of financial..worth required by this section shall be submitted by the candidate together with his or her candidate statement in accordance with the deadline specified in Section 3 above. The statement of financial worth form shall be furnished by the City Clerk, and may include questions relating to the candidate's employer, income, real estate holding, tangible personal property, and financial obligations. The candidate shall certify the content of the statement as to its truth and correctness under penalty of perjury. The candidate shall also sign a release form of the candidate's most recent federal income tax report. (c) Upon receipt of a statement of financial worth, determination shall be made by the City Clerk, in conjunction with the City Administrator, of whether or not the candidate is indigent. The City Clerk shall notify the candidate of the determination. (d) If it is determined that the candidate is not indigent, the candidate shall, within three days of the notification, excluding Saturdays, Sundays and state holidays, withdraw the statement or pay the requisite fee. If the candidate fails to respond within the time prescribed,the City shall not be obligated to print and mail the statement. (e) If the City Clerk, in conjunction with the City Administrator, .: determines that the candidate is indigent, the City shall print and mail the statement. (f) Nothing in this section shall prohibit the City Clerk from billing the candidate his or her pro rata share of the cost after the election. SECTION 5. 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 7. That all previous resolutions establishing City 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. 04reso/candidate statement 2 solution No. 2004-70 SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of August , 2004 REVIEWED AND APPROVED: APPROVED AS TO FORM: City A' 'strator ty Attorn y INITIATED AND APPROVED: i Clerk 04reso/candidate statement 3 Res. No. 2004-70 STATE OF CALIFORNIA. COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly appointed, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative.vote of at least a-majorityof all the members of said City Council at an regular meeting thereof held on the 16th day of August, 2004 by the following vote: AYES: Coerper, Green, Boardman, Cook, Houchen NOES: Sullivan ABSENT: Hardy ABSTAIN: None CLI Clerk and ex-officicQlerk of the City Council of the City of Huntington Beach, California #CA ROUTING SHEET INITIATING DEPARTMENT: City Clerk SUBJECT: Adopt Resolution 2004-68 Re: Candidate Statements COUNCIL MEETING DATE: August 16, 2004 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Ap licable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Attached ❑ Contract/Agreement (w/exhibits if applicable) Not Applicable (Signed in full by the City Attorney) Subleases, Third Party Agreements, etc. Attached ElNot Applicable (Approved as to form by City Attorney) Certificates of Insurance (Approved by y the City Attome Attached El y� Not Applicable ❑ Fiscal Impact Statement (Unbudget, over $5,000) AttachedNot Applicable Bonds (If applicable) Attached ElNot Applicable Staff Report (If applicable) AttachedNot Applicable ❑ Commission, Board or Committee Report If applicable) Attached ❑ p ( pp ) Not Appiicable Find in s/Conditions for Approval and/or Denial Attached ❑ g pp Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator (Initial) ) City Clerk EXPLANATION FOR RETURN OF ITEM: (BelowOnly) RCA Author: Flynn