Cities Index.
18. Adopt Reso Certifying Results of the Jan 31, 2023 Sp Muni Election & Calling a Sp Mun Election for Nov 7, 2023 for Council D3 - Revised

Downey City Council
February 14, 2023

Document
18. Adopt Reso Certifying Results of the Jan 31, 2023 Sp Muni Election & Calling a Sp Mun Election for Nov 7, 2023 for Council D3 - Revised
Meeting
February 14, 2023
Body
Downey City Council
Pages
17
Original file
31 KB
Text extracted from the city's file for reading and search. Open the original on lf.downeyca.org. That file is the official record.

R. PROVIDE DIRECTION ON THE APPOINTED BOARD AND COMMISSION MEMBERS SERVING TO REPRESENT • - BY
MAKING A MOTION TO:
1) REMOVE THE EXISTING APPOINTED BOARD AND COMMISSION MEMBERS SERVING TO REPRESENT COUNCIL•
THE THEIR SERVICE TO THE CITY AND DIRECTING • INITIATE
PROCEEDINGS• FILL THOSEi OF
COUNCIL;• "
ALLOW THE EXISTING APPOINTED BOARD AND COMMISSION': •
CONTINUE• SERVE IN THEIR ROLES REPRESENTINGCOUNCIL
DISTRICT 3 UNTIL THOSE• OF
COUNCIL;CITY OR
•'11 �' • l :•� +' • • •:
4) DIRECT STAFF TO REPORT AT - 2
INFORMATION •' L ► •
On September 1, 2022, local proponents seeking the removal of Council Member Catherine Alvarez from the Downey City Council District 3 seat filed a recall petition with the City Clerk's Office. After signature verification by the Los Angeles County Registrar of Voters the petition was determined to be sufficient. A total of 4,700 signatures were filed and the required number of signatures to qualify the petition was 3,471. The verification of signatures concluded that 3,881 signatures were valid therefore qualifying the recall petition for the ballot.

Following the qualification of the petition, on October 11, 2022, the City Clerk submitted to the City Council a Certificate of Sufficiency of the Recall Petition. The City Council proceeded to receive and file the Certificate of Sufficiency and adopted a Resolution calling for the holding of a Special Municipal Election to take place on January 31, 2023, for the purpose of submitting the question of the recall to the voters of Council District 3.

The Special Municipal Election was held and conducted on Tuesday, January �1, 2023. The Los Angeles County Registrar-Recorder/County Clerk has completed the canvass of the results of the Special Municipal Election and the appropriate Resolution has been prepared for adoption. The Certificate of Canvass, attached as Exhibit "A" to the Resolution declares the results of the election, including the total number of votes cast for and against the recall of Council Member Alvarez. (Exhibit "A" will be made available upon receipt from the Los Angeles County Registrar -Recorder -County Clerk on or around February 10, 2023.) Pursuant to Downey City Charter Section 503, "VACANCIES". A vacancy caused by a recall election shall be filled by the voters within the district in which the vacancy occurs. The election of an eligible candidate shall appear on one special election and, if the officer is recalled at that election, a subsequent election shall be held to elect the officers' replacement.

Pursuant to California Government Code Section 36512: "If the council calls a special election, the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election". Pursuant to California Elections Code Section 1000, November 7, 2023 is the next regularly established election date that is not less than 114 days from the call of the special election.

Following the adoption of the Resolution Certifying the results of the Special Municipal Election, it is appropriate that the City Council adopt resolutions calling for the holding of a Special Municipal Election on November 7, 2023 to fill the Council vacancy created by the recall. The person elected by the voters in Council District 3 will serve for the remainder of the term of office which ends November 2024.The Downey Charter does not allow the seat to be filled by appointment in the interim.

In addition, staff recommends that the City Council adopt resolutions requesting Los Angeles County render full services to the City of Downey related to the conduct of a Special Municipal Election on November 7, 2023, and adopting regulations for Candidate Statements pertaining to the Special Municipal Election.

Lastly, staff requires direction regarding the appointees of District 3. Section 902 of the Charter provides that appointees of certain boards and commission "serve for terms which shall commence with the commencement of the term of the Council member from whose district the member was appointed and shall end upon the end of the term of the Council member from whose district the member was appointed or upon a vacancy in that council district." However, it also provides that "The members shall serve so long as they continue to be domiciled within the district from which they were appointed during their term, and until their respective successors are appointed and qualified." This language provides a grace period where the seats remain filled until a newly elected councilmember has the opportunity to consider new appointments to boards and commissions. Downey Charter further provides that the boards and commissions shall each have a member appointed from each of the five Council Districts to ensure that each district has representation. The specific appointment procedure differs depending on the particular board/commission and those rules are set out in the Downey Municipal Code. However, the Charter says that members shall be appointed by the City Council, and they are subject to removal by motion of the City Council adopted by the affirmative votes of a majority of the total membership

thereof. There is no precedent for a vacancy that is created by a recall election —where a successor cannot be elected until the following special election.

As a result of the recall, there is now a vacancy in District 3, which could end the terms for the board and commissioners. Therefore, it is unclear what is an appropriate course of action —ending the terms or having those appointees continue to serve through the election of a District 3 Councilmember and their appointment of a successor.

Staff requests that the City Council provide direction by making one of these motions:
1) Remove the existing appointed board and commission members serving to represent City Council District 3, thanking them for their service to the city and directing staff to initiate proceedings to fill those seats by appointment of the City Council; or
2) Allow the existing appointed board and commission members to continue to serve in their roles representing City Council District 3 until those seats may be filled by appointment of the City Council; or
3) Allow the existing appointed board and commission members to continue to serve in their roles representing City Council District 3 until the city council seat vacancy is filled for District 3 at the November 2023 special election; or 4) Direct staff to report back at a future meeting with more information before making a decision.

FISCAL IMPACT
The preliminary estimate received from the Los Angeles Registrar-Recorder/County Clerk's Office for the rendering of services related to the conduct of a Special Municipal Election in Council District 3 on November 7, 2023 is $505,500.

A h "OfQ I I k, Lei I N
Public Engagement

ATTACHMENTS
Attachment A: Resolution — Certifying the Results of the Special Municipal Election (Exhibit "A" will be made available upon receipt from the Los Angeles County Registrar -Recorder -County Clerk on or
around February 10, 2023.)
Attachment B: Resolution — Calling a Special Municipal Election to be held on November 7, 2023 in Council District 3
Attachment C: Resolution — Requesting L.A. County Render Full Services to the City for the Conduct of a Special Municipal Election
Attachment D: Resolution — Adopting Regulations for Candidate Statements

RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,

CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL RECALL ELECTION HELD IN COUNCIL DISTRICT 3 ON JANUARY 31, 2023,

DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW
WHEREAS, a Special Municipal Election was held and conducted in Council District 3 of the City of Downey, California, on Tuesday, January 31, 2023 to allow voters in District 3, as required by law, to vote on the question of whether to recall Council Member Catherine Alvarez from elected office; and
WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed; and, that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California and the City of Downey Charter; and WHEREAS, the Los Angeles County Registrar-Recorder/County Clerk canvassed the returns of the election on behalf of the City and has certified the results to this City Council, the results are received, attached and made a part hereof as "Exhibit A".

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That the whole number of ballots cast in the precincts except vote by mail ballots for District 3 was 582; the whole number of vote by mail ballots cast for District 3 was 3,177; for a total of 3,759 ballots cast in District 3.

SECTION 2.

That the Special Municipal Election was held for the purpose of submitting to the voters in Council District 3 of the City the following question:
"Shall Catherine Alvarez be recalled (removed) from the YES
office of City Councilmember, Council District 3 of the City of Downey?"
NO
SECTION 3. That the number of votes given at each precinct and the number of votes given in Council District 3 of the City for and against this question are as listed in Exhibit "A", attached.

SECTION 4. The City Council does declare and determine that as a result of the election, a majority of the voters voting on the question relating to the recall of Catherine Alvarez did vote in favor thereof, and that Catherine Alvarez was recalled from the office of City Council Member, Council District 3.

SECTION 5. That pursuant to Section 503 of the Downey City Charter, the question of who will fill the vacancy resulting from the recall was not placed on this ballot. Rather, the City Council shall call a Special Election to held at the next available date permitted by law to fill the vacancy.

ATTACHMENT A

RESOLUTION NO. 23-
PAGE 2
SECTION 6. The City Clerk shall enter on the records of the City, a statement of the result of the election, showing: (1) The whole number of votes cast in District 3 of the City; (2) The recall question voted upon; (3) The number of votes given at each precinct for and against the recall question; and (4) The total number of votes given for and against the recall question.

SECTION 7. 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 14th day of February, 2023.

CIA_��171_��■�z�7►�1��_��FlTf.19
ATTEST:

MARIA ALICIA DUARTE, CMC
City Clerk
1 HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a Special meeting thereof held on the 14' day of February, 2023, by the following vote, to wit:

AYES:

Council Members:

NOES:

Council Members:

ABSENT:

Council Members:

ABSTAIN:

Council Members:

MARIA ALICIA DUARTE, CMC
City Clerk

-Vow c4w�" gwwty
cwwk* d the CORK of the eldn NAM
, DEAN C LOGAN, Registrar-Recorder/County Clerk of the sir of Los Angeles, cif the State of California, DO HEREBY CERTIFY that pursuant tc the provisions of Section 15300 et seq. of the Cahfornia Elections Code, 1 rlicl canvass the returns of the votes past Jar each cl ctiwcoffice andlor measure(s) for at the City of Downey Special MunicipalEle t on held on the 31st lay of Jane aly, ". 1 FURTHER CERTIFY that the Statement ent f Votes Cast. to which h tht'S certificate t is attached, ched, ho the total number of ballots cast in said jurisdiction, and that the whole number of voles cast for each candidate andlor c c re(s) in said Jurisdiction in each c ' the respective reci ct therein, and the Ima1v of the respective columns nd the totals as owe i t each candidate an l or measure(s) arefill, true and correct,.

IN WITNESS WHEREOF. 1 have hereunto set ate, hand and affixed My :seal this Intl li, of caacxr, .
3 DEAN C. L
.,,.
»i tr F cost rlCou �t � Clerk
County of Los Angeles

EXHIBIT A

0211012023 10:23:24 AM PST Page I of 1

COUNTY OF LOS ANGELES

DEPARTMENT OF REGISTRAR -RECORDE R/COUN TY CLERK
FINAL OFFICIAL CANVASS ELEC11ON RETURNS
CITY OF DOWNEY SPECIAL MUNICIPAL ELECTION, January 31, 2023

TOTAL PRECINCTS

TOTAL REGSTRAT ION

TOTAL BALLOTS CAST

VOTE AT POLL

VOTE BY MAIL

BOARD OF SUPERVISORS

JANICE HAHN, CHAIR
4TH DISTRICT
HILDA L. SOLIS, 1 ST DISTRICT
HOLL.YJ MITCHELL, 2NDDISIRCT
LINDSEY P. HORVATH, 3RD DISTRICT
KATHRYN BARGER, 5TH DISTRICT
5 SHALL CATHERINE ALVAREZ BE RECALLED
17,240
(REMOVED) FROM THE OFFICE OF
CITY COUNCILMEMBER, DISTRICT 3
3,759
21,80% VOTES REQUIREDMAJORITY OF VOTES
CAST
582
15,48% YES
3,381 90.04%
3,177
84 52% NO
374 9,96%

TOTAL BALLOTS CAST
3,759

OVER VOTED
0 UN -VOTED
4 TOTAL PRECINCTS
5 DEAN C, LOGAN

REGISTRAR-RECORDER)COUNT-Y CLERK

COUNTY OF LOS ANGELES -

CITY OF DOWNEY SPECIAL MUNICIPAL ELECTCON
01,1311223 I'l PAGE - I of 2

SHALL CATHERINE

ALVAREZ

BE RECALLED
FINAL OFF 0AL

STATEMENT OF VOTES CAST
BY FIREC€NCT
REGIST. BALLOTS

LOCATION
RATION 1CAST
DOWNEY - 1850041 A
134
128
6 VOTE BY MAIL
SERIAL 0001
678
626
51 TOTAL
3283 812
754
57 DOWNEY - 1850046A
135
120
5 VOTF BY MA1
SERIAL 0002
995
919
74 TOTAL
50131 1120
10309
79 DOWNEY - 1850GSOA
115
ill
4 VOTE BY MARL
SERIAL 0003
649
590
59 TOTAL
3245 7 64
701
63 DOWNEY - 185W56A
172
162
10 VOTE BY MAIL
SERIAL 0004
599
483
115
TOTAL
3918 771
645
125
DOWNEY - 1850089,A
36 27
9 VOTE BY MAIL
SERIAL 0005
256
215
41 TOTAL
1781 292
242
50 BALLOT GROUP 1 - 999 1At
0 0
0 VOTE BY MAIL
SERIAL 8001
0 0
0 TOTAL
0 0
0 0

COUNTY OF LOS ANGELES - CITY OF: DOWNEY SPECIAL MUNCIPAL ELECTION 0 111 f2 3 1,2 PAGE;- 2of 2

SHALL CATHERINE ALVAREZ

BE RECALLED
FINAL OFF0AL

STATEMENT OF VOTES CAST

BY PRECINCT
......... .

REGIST- BALLOTS
LOCAT*N RATAN CAST
PRECINCT TOTAL 582 545 34
VBM TOTAL 3177 2833 340
GRAND TOTAL lr77224073755'9 3381 374

WHEREAS, a vacancy in the office of City Council Member representing District 3 on the Downey City Council was created by the recall of Council Member Catherine Alvarez on February 14, 2023; and
WHEREAS, the term of office in which the vacancy occurs ends in November 2024; and WHEREAS, pursuant to City Charter Section 503: "A vacancy caused by a recall election shall be filled by the voters within the district in which the vacancy occurs. The election of an eligible candidate to fill such vacancy shall occur after the recall election"; and WHEREAS, pursuant to California Government Code Section 36512: "if the council calls a special election, the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election"; WHEREAS, pursuant to California Elections Code Section 1000, November 7, 2023 is the next regularly established election date that is not less than 114 days from the call of the special election; and
►+• because this Council seat represents Council District 3, pursuant to Downey Municipal Code Section 2103, the special election to be held on Tuesday, November 7, 2023, for the purpose • filling this vacant seat • the City Council, shall •- -• to candidates legally qualified and residing in Council District 3 and shall be voted upon only by qualified and registered voters residing in Council District 3; and
WHEREAS, pursuant to California Elections Code Section 21626(b) and Downey Municipal Code Section 2103(e), the voters entitled to vote in this special election shall be those who reside within the boundaries of Council District 3 as they were established by Ordinance No. 1114, adopted on January 22, 2002, and not the new boundaries of Council District 3 established by Ordinance No. 22-1480, adopted on April 12, 2022. 7 r#QTA U : 0 : 0 • k •; 0 • 1 0 , L 0 1
IN 1:4 :gwa :j:g6l In goo] :10:1 :4 Ill I 10 1 a 9 10 1110 111-61 V 014MM • IN • Section 1. That pursuant to the requirements of the City Charter and laws of the State of California relating to charter cities, there is hereby called and ordered to be held in Council District 3 of the City of Downey, California, on Tuesday, November 7, 2023, a Special Municipal Election to be conducted for the purpose of the election of a Council Member for the term of office in which the vacancy was created by the recall of Council Member Catherine Alvarez which ends November, 2024.

Section 2. That the ballots to be used at the election shall be in form and content as required by law.

Section 3. That the City Clerk is hereby authorized, instructed and directed to procure and furnish, or cause to be procured and furnished from the Los Angeles County Registrar-Recorder/County Clerk, any and all official ballots, notices, printed matter and all

ATTACHMENT B

Z • • 0
1:91-11111e]
supplies, equipment and paraphernalia that may be necessary in order to property and lawfully conduct the election.

Section 4. That pursuant to the Downey Municipal Code, only persons legally qualified and residing in Council District 3 may run as candidates and be elected to fill this Council vacancy, and only duly qualified and registered voters residing in Council District 3 may cast a ballot to elect a candidate to fill this Council vacancy.

Section 5. That in all particulars not recited in this resolution, the Special Municipal Election shall be held and conducted as provided by law for holding municipal elections.

Section 6. That notice of the time and place of the holding of the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election in time, form and manner as required by law.

Section 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it in to the book of original Resolutions.

CLAUDIA M. FROMETA, Mayor
F-111 9 d *3

MARIA ALICIA DUARTE, CIVIC
City Clerk
1, Maria Alicia Duarte, City Clerk of the City Council of the City of Downey, California, do hereby certify that the whole number of the members of the City Council is four (4); that the above and foregoing Resolution was duly and regularly passed and adopted by at least three affirmative votes of all members at a Special meeting of the City Council of the City of Downey on the 14 th day of February, 2023, by the following vote:

AYES:

Council Members:

NOES:

Council Member:

ABSENT:

Council Member:

ABSTAIN:

Council Member:

MARIA ALICIA DUARTE, CIVIC
City Clerk

N.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,

CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY • LOS ANGELES TO RENDER FULL SERVICES TO THE CITY

RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7,2023 TO FILL A VACANCY • THE CITY

COUVCIL
WHEREAS, a vacancy in the office of City Council Member representing Council District 3 on the Downey City Council was created by the recall of Council Member Catherine Alvarez on February 14, 2023; and
WHEREAS, by adoption of Resolution No. 23- , on February 14, 2023, the City Council has called and given notice of a Special Municipal Election to be held on Tuesday, November 7, 2023 in Council District 3 of the City of Downey, County of Los Angeles, for the purpose of electing a qualified replacement to fill the Council vacancy at said Special Municipal Election; and
WHEREAS, by adoption of this Resolution, the City Council desires that the County of Los Angeles render full services to the City in connection with said Special Municipal Election; and WHEREAS, all necessary expenses in performing these services shall be paid by the City of Downey.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY, • ' DOES HEREBY RESOLVE, FIND, DETERMINE, AND •
AS FOLLOWS:

Section 1. Pursuant to the provisions of Section 10002 of the Elections Code of the State of California, this City Council requests the Board of Supervisors of Los Angeles County to permit the Los Angeles County Registrar-Recorder/County Clerk to render full election services to the City of Downey. The full election services which the City of Downey requests the Los Angeles County Registrar-Recorder/County Clerk, or such other official as may be appropriate, to perform, and which such officer is hereby authorized and directed to perform, if said Board of Supervisors consents, include: the establishment or appointment of precincts, polling places, voting centers and election officers; the preparation, printing, mailing and furnishing of ballots; making such publications as are required by law in connection therewith; the furnishing of ballots, voting booths, drop boxes, and other necessary supplies or materials for polling places or voting centers; the canvassing of the returns of the election and the furnishing of the results of such canvassing to the City Clerk of the City of Downey; and the performance of such other election services as may be requested by the City Clerk.

Section 2. The City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill.

Section 3. The City Clerk shall certify to the adoption of this Resolution and is directed to forward without delay to said Board of Supervisors and to the Los Angeles County Registrar- Recorder/County Clerk each a certified copy of this Resolution.

"'ESOLUTION NO. 23-
.4GE 2
Evif*W

MARIA ALICIA DUARTE, CIVIC
City Clerk
1, Maria Alicia Duarte, City Clerk of the City Council of the City of Downey, California, do hereby certify that the whole number of the members of the City Council is four (4); that the above and of all members at a Special meeting of the City Council of the City of Downey on the 14 th day of February, 2023, by the following vote:

AYES:

Council Members:

NOES:

Council Member:

ABSENT:

Council Member:

ABSTAIN:

Council Member:

MARIA ALICIA DUARTE, CIVIC
City Clerk

:1*i*11t1W9PL

OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE

VOTERS AT A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2023
WHEREAS, a vacancy in the office of City Council Member representing Council District 3 on the Downey City Council was created by the recall of Council Member Catherine Alvarez on February 14, 2023; and
WHEREAS, by adoption of Resolution No. 23- , on February 14, 2023, the City Council has called and given notice of a Special Municipal Election to be held on Tuesday, November 7, 2023 in Council District 3 of the City of Downey, County of Los Angeles, for the purpose of electing a qualified replacement to fill the Council vacancy at said Special Municipal Election; and
WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency shall adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates' statement.

I kq I V
GALIFO%11A—,DOIE�AU�Efff RESOLT
FOLLOWS:

Section 1. GENERAL PROVISIONS. Pursuant to Sections 13307 and 13308 of the Elections Code of the State of California, each candidate for elective office to be voted for at the Special Municipal Election to be held in the City of Downey on Tuesday, November 7, 2023, may prepare a candidate's statement on an appropriate form provided by the Elections Official for inclusion in the voter information guide. 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. In addition, the statement 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 for that office or to another candidate's qualifications, character, or activities. 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 for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.
(A) Pursuant to the Federal Voting Rights Act, candidates' statements will be translated by the County of Los Angeles into all languages required by law for the City of Downey election.
(B) Pursuant to State law, a candidate's statement must be translated and printed in the voter information guide in any language at the candidate's request. (C) The Elections Official shall.
(1) Translations

• NO. 23-
PAGE 2
(a) have all candidate statements translated into the languages specified in subsection (A) above; and
(b) have translated those statements into the languages as requested by the candidate in subsection (B) above.
(2) R6n1bg
(a) print all translations of all candidate statements in the main voter information guide. The main voter information guide will be in all languages required by law for the City of Downey election.
(b) print any translations of candidates in the languages as requested by the candidate in subsection (B) above.

Section 3. PAYMENT.

A. The candidate shall be required to pay for the cost of translating the candidate's statement into any required foreign language as specified in subsections (A) and (B) of Section 2 above pursuant to Federal and State law.

B. The candidate shall be required to pay for the cost of printing the candidate's statement in English in the main voter information guide.

C. The candidate shall be required to pay for the cost of printing the candidate's statement in a foreign language required by subsection (A) of Section 2 above in the main voter information guide.

D. The candidate shall be required to pay for the cost of printing the candidate's statement in any foreign language requested by the candidate pursuant to subsection (B) of Section 2 above in the main voter information guide.

The Elections Official 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 Elections Official his or her estimated pro rata share as a condition of having his or her statement included in the voter's pamphlet. The estimate of costs is just an approximation of the actual cost that varies from one election to another and the actual cost may ultimately be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Each candidate shall be required to pay upon receipt of an invoice his or her prorated share of actual costs should those costs exceed the estimated amount deposited. In the event of overpayment, the Elections Official shall prorate the excess amount among the candidates and refund the excess amount paid within thirty (30) days of the election.

Section 4. MISCELLANEOUS,
A. All candidate statements shall be translated by certified, registered or qualified translators/interpreters meeting the criteria of Elections Code Section 13307(b)(2).

RESOLUTION NO. 23-
PAGE 3
B. The Elections Official shall allow bold type, underlining, capitalization, indentations, bullets, and leading hyphens to the same extent and manner as allowed in previous City elections.

C. The Elections Official shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.

Section 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot or voter information guide package.

Section 6. The Elections Official shall provide each candidate or the candidate's representative a copy of this Resolution at the time nominating petitions are issued.

Section 7. All previous resolutions establishing City Council policy on payment for candidates' statements to the extent they are inconsistent herewith are deemed to be of no further force or effect.

Section 8. This Resolution shall apply only to the election to be held on November 7, 2023, and shall thereafter be deemed to be of no further force or effect.

Section 9. The City Clerk shall certify to the adoption of this Resolution.

APPROVED AND ADOPTED this 14 th day of February, 2023.

CLAUDIA M. FROMETA, Mayor
F-MM"

MARIA ALICIA DUARTE, CMC
City Clerk
1, Maria Alicia Duarte, City Clerk of the City Council of the City of Downey, California, do hereby certify that the whole number of the members of the City Council is four (4); that the above and foregoing Resolution was duly and regularly passed and adopted by at least three affirmative votes of all members at a Special meeting of the City Council of the City of Downey on the 14 th day of February, 2023, by the following vote:

AYES:

Council Members"
NOES:

Council Member:

ABSENT:

Council Member:

ABSTAIN:

Council Member:

MARIA ALICIA DUARTE, CMC
City Clerk

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