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Home My WebLink AboutAdopted Resolution No. 2012-44 - Setting Regulations for Can (2) Council/Agency Meeting Held: 2 - -/2- Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City rk' ignat e Council Meeting Date: July 2, 2012 Department ID Number: CK 12-006 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Joan L. Flynn, CMC, City Clerk PREPARED BY: Joan L. Flynn, CMC, City Clerk SUBJECT: Adopt Resolution No. 2012-44 Setting Regulations for Candidate Statements for Elective Offices in Huntington Beach Municipal Elections and Repealing Resolution No. 98-42 Statement of Issue: The California Elections Code requires the City to set forth regulations for Candidate Statements at least seven days prior to the opening of the Candidate Period. The previous resolution needed to be updated to be current with the Federal Voting Rights Act. Financial Impact: None Recommended Action: Motion to: Adopt Resolution No. 2012-44 "Resolution of the City Council of the City of Huntington Beach, California Adopting Regulations for Candidates for Elective Office Pertaining to Candidate Statements Submitted to the Voters at an Election to be Held on Tuesday, November 6, 2012." Alternative Action(s): The Council may choose to revise the resolution to increase the word count from 200 to 400 words at an increased cost to the candidates. Analysis: The previous Resolution was dated and therefore needed to be rewritten to remain in compliance with current Federal and State laws pertaining to the Federal Voting Rights Act and the California Election Code. Resolution No. 2012-44 updates those older sections with current language and repeals previous Resolution No. 98-42. The word count of 200 words per Candidate Statement remains the same as in previous elections. The estimated cost for 200 words is $1,500 for the 2012 election. The Council may choose to increase the word count to 400 words, but the cost will also be increased to an estimated $2,670 for this upcoming election. xB -143- Item 11. - 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 7/2/2012 DEPARTMENT I® NUMBER: CC 12-006 The City Clerk will continue to comply with Elections Code 13307 which requires the City Clerk/Elections Official to make a copy of the Resolution setting forth the word count and cost of Candidate Statements available to all candidates when the nomination petitions are issued. Environmental Status: N/A Strategic Plan Goal: N/A (Compliance with the California Elections Code) Attachment(s): 1 Resolution No. 2012-44, "Resolution of the City Council of the City of Huntington Beach, California, Adopting Regulations for Candidates for Elective Office Pertaining to Candidate Statements Submitted to the Voters at an Election to be Held on Tuesday, November 6, 2012." Item 11. - 2 HB -144- ATTACHMENT # 1 RESOLUTION NO. 2012-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, 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 6, 2012. WHEREAS, §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 statement; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve, declare, determine and order as follows: 1. GENERAL PROVISIONS. That pursuant to §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 on November 6, 2012, 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. 2. FOREIGN LANGUAGE POLICY. A. Pursuant to the Federal Voting Rights Act, candidate's statements will be translated into all languages required by the County of Orange. The County is required to translate candidate's statements into the following languages: Spanish, Chinese, Korean, and Vietnamese. B. The County will print and mail sample ballots and candidates statements to all voters in English and the County will mail separate sample ballots and candidates statements in Spanish, Chinese, Korean and Vietnamese 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 the sample ballots and candidate's statements in the required languages available at all polling places, on the County's website, and in the Election Official's office. 3. PAYMENT. A. Translations: 1. The candidate shall be required to pay for the cost of translating 1 Resolution No. 2012-44 the candidate's statement into any required 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 that is not required as specified in(A) and/or (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. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate's 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 candidate 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 within 30 days of the election. 4. MISCELLANEOUS. A. All translations shall be provided by professionally-certified translators. B. 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. 2 Resolution No. 2012-44 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. 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. 7. That all previous resolutions establishing council policy on payment for candidate's statements and adopting regulations for candidates for elective office pertaining to candidate's statements are repealed. 8. That this resolution shall apply at the next ensuing municipal election and at each municipal election after that time. 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 2nd day of July, 2012. 7nND APPROVED: Mayor Ci / ger INITIATED AND APPROVED: City,f lerk APPROVED AS TO FORM: � t City Attorney Ce Res. No. 2012-44 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, 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 majority of all the members of said City Council at an regular meeting thereof held on July 02, 2012 by the following vote: AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, Boardman NOES: None ABSENT: None ABSTAIN: None City Jerk and ex-officio CUrk of the City Council of the City of Huntington Beach, California