RESOLUTION ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 1997

Recommendation:

Adopt the attached resolution adopting regulations with regard to candidates statements for the November 4, 1997 General Municipal Election.

Background:

The California Elections Code allows each candidate for a nonpartisan elective office in a city to prepare a statement to be included with the sample ballot and mailed to each registered voter. The law requires Council to adopt a policy regarding the candidates obligation for payment for candidates statements no later than seven days before the nomination period opens. The filing period for nomination papers is July 14 through August 8 for the upcoming November election. Attached is a draft resolution outlining the candidate statement policy.

Traditionally, it has been Council policy to require the candidates to cover all costs associated with their statements, and the attached resolution has been prepared assuming that the policy will be maintained. The City Clerk is required to set the estimated cost of candidate statements prior to the nomination filing period. The County has indicated they will provide me that information the first week in July.

State law permits Council to authorize an increase in the limitation on words for the statement from 200 to 400 words. Past policy has restricted the statements to 200 words, and the attached resolution has been prepared assuming that the policy will be maintained. The 200-word limit has seemed adequate in the past, and increasing the word limit would increase the cost.

The resolution also accommodates any required translation of statements into one or more foreign languages, pursuant to the federal Voting Rights Act. Hermosa Beach was not required to do any translations into foreign languages in past elections and it appears that the same will hold true for this election. However, since I have nothing in writing at this time from the County, I have included a provision in the resolution, which states that translation and printing "may be required.".

RESOLUTION NO. 97-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA 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 4, 1997

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 4, 1997, 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 State law, the candidates statement must be translated and printed in Spanish at the candidates' request.

B. Pursuant to the Voting Rights Act, the city may be required to translate candidates statements into one or more of the following languages in addition to English: Spanish, Vietnamese, Chinese, Japanese, Tagalog.

C. The City Clerk shall have translated only those statements into Spanish as requested by the candidate and shall print Spanish translations of candidates who request printing in the voters pamphlet pursuant to State law as specified in A. above. The City Clerk shall also have translations made that may be required by the Voting Rights Act as specified in B. above..

Section 3 . PAYMENT.

1. The candidate shall be required to pay for the cost of printing the candidates statement in English.

2. The candidate shall be required to pay for the cost of translating the candidate's statement into Spanish, as specified in A. above, pursuant to State law.

3. The candidate shall also be required to pay for the cost of printing the candidates statement in Spanish, as specified in A. above, pursuant to State law.

The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidates statements filed pursuant to this section, and shall 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. The required estimated payment 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 shall, 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 shall 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.

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 nominating petitions are issued.

Section 6. All previous resolutions establishing Council policy on payment for candidates statements are repealed.

Section 7. This resolution shall apply only to the election to be held on Tuesday, November 4, 1997, and shall then be repealed.

Section 8. 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 ON THIS 24TH DAY OF JUNE, 1997.

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