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Pursuant to Sections 10400 - 10418 of the Elections Code of the State of California and Airovisions of law in the California Government Code, these Resolutions must be adopted in irder to proceed with the General Municipal Election. Therefore, it would be appropriate for the City Council to call the election, request its consolidation with the Statewide General Election 2nd establish regulations for candidate statements.
FISCAL IMPACT
The City has budgeted for the November Election. The actual cost of the Election will be invoiced to the City by the Los Angeles County Reg istrar-Recorder/County Clerk after the election concludes and expenditures are calculated and divided amongst other cities consolidating their city election with Los Angeles County.
ATTACHMENTS
A. Resolution Calling for the holding of a General Municipal Election B. Resolution requesting the Board of Supervisors of the County of Los Angeles to consolidate the City's General Municipal Election with the Statewide General Election C. Resolution adopting regulations for Candidates for Elective Office Pertaining to Candidates Statements
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141AEREAS, City of Downey City Charter Sectionit provides that all General Municip• for • of officers of - City and for such other purposes Councilprescribe be held on - same date and at the same time as the Statewide General •
RESOLVENOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY • •
SECTION 1. Pursuant to City of •wney City Charter Sections11 and 1302 and the herebylaws of the State of California applicable to charter cities, the City Council of the City of Downey r orders to- held in the City of Downey, •rnia, a General Municipal Electionon •.November1 • the purpose of - two (2) members of - City Council for a full term of four (4) years. One member shall be elected from and by the voters of i and, • - member shall be elected • • by - voters of District SECTION- ballots to be used in this election shall be in formand content required by
SECTION 3. That the City Clerk is authorized, instructed and directed to coordinate with the Los Angeles• Reg istrar-Recorder/County Clerkto procure . • furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 4. That the precincts, ballot drop box locationsand hours of operations, • _
RESOLUTION NO. 22-
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SECTION 7. That in the event of a tie vote if any two or more persons receive an equal and the highest number of votes for an office as certified by the Los Angeles County Registrar- Recorder/County Clerk, the City Council, in accordance with Election Code Section 15651 (a), shall set a date and time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot.
SECTION 8. The City Council authorizes the City Clerk to administer said election an!$-_' all reasonable and actual election expenses shall be paid by the City upon presentation of i properly submitted bill.
SECTION 9. That the City Clerk shall certify to the adoption of this Resolution and shall cause notice of the election, the offices to be filled, and other matters relating to the election to be given as required by the California Elections Code.
SECTION 10. That the City Clerk shall, not later than the 88th day prior to the General Municipal Election to be held on Tuesday, November 8, 2022, file with the Board of Supervisors copy of this Resolution.
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BLANCA PACHECO, Mayor
ult*"
MARIA ALICIA DUARTE, CIVIC
City Clerk
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a Regular meeting held on the 28 th day of June, 2022 by the following vote, to wit:
AYES:
Council Members: Frometa, La Plante, Trujillo, Alvarez, Mayor Pacheco NOES:
Council Member: None.
ABSENT:
Council Member: None.
ABSTAIN:
Council Member: None.
MARIAALICIA DUARTE, CMC
City Clerk I
WHEREAS, it is desirable that the City's General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, polling places (vote centers) and election officers of the two elections be the same, and that the Los Angeles County Reg istrar-Recorder/Cou nty Clerk canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.
SECTION Ii. That pursuant to the requirements of Section 10403 of the California Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election to be held on Tuesday, November is 2022 for the purpose of the election of two (2) Members of the City Council, for a full term of four (4) years.
SECTION 2. That the Los Angeles County Registrar-Recorder/County Clerk is authorized to canvass the returns of the General Municipal Election of the City of Downey. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. Pursuant to Section 10418 of the California Elections Code, the election will be held and conducted in accordance with the provisions of law regulating the Statewide General Election.
SECTION 3. That the Board of Supervisors of the County of Los Angeles is requested to issue instructions to the Los Angeles County Reg istrar-Recorder/County Clerk to take any and all steps necessary for the holding of the consolidated election.
SECTION 4. That the City of Downey recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County of Los Angeles for any costs upon presentation of reasonably detailed invoices.
SECTION 5. That the City Clerk is hereby directed to forward a certified copy of this Resolution to both the Board of Supervisors of the County of Los Angeles and the Los Angeles County Reg istrar-Recorder/Cou nty Clerk.
SECTION 6. That the City Clerk shall certify to the passage and adoption of this Resolution.
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I HEREBY CERTIFY that the foregoing
the City of Downey at a Regular meeting held
vote, to wit:
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AYES:
Council Members: Frometa, La Plante,
NOES:
Council Member: None.
ABSENT:
Council Member: None.
ABSTAIN,
Council Member: None.
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MARIAALICIA DUARTE, CIVIC
City Clerk
WHEREAS, Section 13307 of the Elections Code of the State of California provides that stwd?n�-Ts A&F��Mlg ii—rtrcf�66�& Ale6-ArdM1
by any candidate for a municipal election, including costs of the candidates' statement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY • DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. GENERAL PROVISIONS. That pursuant to Sections 13307 and 13308 of the Elections Code of the State of Californ*
at the General Municipal Election to be held in the City of Downey on Tuesday, November 8, 2022, may prepare a candidate's statement • 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 two hundred (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 format, 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 • filing nomination •` and until 5:00 p.m. • the next • •. after the close of the nomination period.
SECTION 2. CITY OF DOWNEY CHARTER PROVISION. In addition to Section 1, pursuant to Section 1307 of the City of Downey City Charter, any candidate for an elective City • may prepare a statement •' qualifications in accordance with the • set forth •.
State law and subiect to the followin - additional restriction: A statement of qualifications shall be limited to a recitation of the candidate's own personal background and qualifications and shall not in any way make reference to other candidates or to other candidate's qualifications, character or activities. The City Clerk shall not cause to be printed or circulated any candidate's statement of qualifications which the City Clerk determines is not so limited or which includes any such references.
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A. Pursuant to the Federal Voting Rights Act, candidates' statements will b,; translated into all languages required by the County of Los Angeles. The City is required to translate candidates' statements into the following languages:
Si. Chinese and Korean.
B. The City will print and mail voter information guides and candidates' statements in Spanish, Chinese and Korean, 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 polling places (vote centers), on the County's website, and in the Election Official's office.
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1. The candidate shall be required to pay for the cost of translating the candidate's statement into any required foreign language as specified in Section 3 above pursuant to Federal and 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 Section 3 above, pursuant to Federal and State law, but is requested as an option by the candidate.
1. The candidate shall be required to pay for the cost of printing the candidate's statement in English in the main • information guide.
2. The candidate shall be required to pay for the cost of printing the candidate statement in a foreign language required in (A) of Section 3 above, in t main voter information guide.
3. The candidate shall be required to pay for the cost of printing the candidate statement in a foreign language requested by the candidate per (B) (I Section 3 above, in the main voter information guide.
4. The candidate shall be required to pay for the cost of printing the candidate statement in a foreign language required by (A) of Section 3 above, in t facsimile voter information guide.
The City Clerk shall estimate the total cost • printing, handling, • 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 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. In the event of underpayment, the City Clerk may require the candidate to pay the balance of the 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 thirty (30) days of the election.
A) All translations shall be provided by professional ly-ce rtified translators as set forth in Elections Code 13307(b).
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C) The City Clerk shall comply with all recommendations and standards set forth by thz California Secretary of State regarding occupational designations and other matters relating to elections.
SECTION 6. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot or voter information guide package.
SECTION 7. 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 8. That all previous resolutions establishing City Council policy on payment for candidate's statements are hereby repealed,
SECTION 9. That this Resolution shall apply only to the General Municipal Election to be held on Tuesday, November 8, 2022, and shall then be repealed.
SECTION10. That the City Clerk shall certify to the passage and adoption of this Resolution.
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MARIA ALICIA DUARTE, CIVIC
City Clerk
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a Regular meeting held on the 28' day of June, 2022 by the following vote, to wit:
AYES:
Council Members:
Frometa, La Plante, Trujillo, Alvarez, Mayor Pacheco
NOES:
Council Member:
None.
ABSENT:
Council Member:
N•,ne.
ABSTAIN,
Council Member:
None.
MARIAALICIA DUARTE, CIVIC
City Clerk