RESOLUTION NO. 2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION ON TUESDAY, NOVEMBER 8, 2022 WHEREAS, California Elections Code Section 13307 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 statement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, RESOLVES AS FOLLOWS:
1. GENERAL PROVISIONS. Pursuant to California Elections Code Section 13307, each candidate for elective office to be voted for at an election held in the City of Fullerton on November 8, 2022 may prepare a candidate 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. The statement shall not include the candidate’s party affiliation, nor membership or activity in partisan political organizations. The candidate shall file the statement, in typewritten form, in the Office of the City Clerk at the time the candidate files nomination papers. The candidate may withdraw, but not change, the statement 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.
The Federal Voting Rights Act requires the City to translate candidate statements into all languages required by the County of Orange. The County is required to translate candidate statements into the following languages: Spanish, Chinese, Korean and Vietnamese.
The County will mail separate voter information guides and candidate statements in Spanish, Chinese, Korean and Vietnamese to only those voters 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 candidate statements in the required languages available at all vote centers, on the County’s website and in the Election Official’s office.
3. PAYMENT.
Translations:
The candidate shall pay for the cost of translating the candidate statement into any required foreign language as specified in Section 2 (A) and/or (B) above pursuant to Federal and/or State law.
The candidate shall pay for the cost of translating the candidate statement into any foreign language that is not required as specified in Section 2 (A) and/or (B) above, pursuant to Federal and/or State law, but requested by the candidate.
Printing:
The candidate shall pay for the cost of printing the candidate statement in English in the main voter pamphlet.
The candidate shall pay for the cost of printing the candidate statement in a foreign language required in Section 2 (A) above, in the main voter pamphlet.
The candidate shall pay for the cost of printing the candidate statement in a foreign language requested by the candidate per Section 2 above, in the main voter pamphlet.
The candidate shall pay for the cost of printing the candidate statement in a foreign language required by Section 2 (A) above, in the facsimile voter pamphlet.
The City Clerk shall estimate the total cost of printing, handling, translating and mailing the candidate 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 pamphlet. The estimate provides 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 30 days of the election billing.
4. MISCELLANEOUS.
Professionally-certified translators shall provide all translations.
The City Clerk shall allow bold type, underlining, capitalization, indentations, bullets and leading hyphens to the same extent and manner as by the Orange County Registrar of Voters.
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.
5. ADDITIONAL MATERIALS. No candidate may include additional materials in the voter information guide.
6. The City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time of issuing nominating petitions.
7. This resolution repeals all previous resolutions establishing City Council policy on payment for candidate statements.
8. This resolution shall apply at the next ensuing municipal election and at each municipal election after that time.
9. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
ADOPTED BY THE FULLERTON CITY COUNCIL ON JUNE 7, 2022.
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Fred Jung
Mayor
ATTEST:
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Lucinda Williams, MMC
City Clerk
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Date