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03_Resolution No. R-24-13 DRAFT - Adopting Regulations for Candidates for Elective Office

San Marino City Council
June 28, 2024

Document
03_Resolution No. R-24-13 DRAFT - Adopting Regulations for Candidates for Elective Office
Meeting
June 28, 2024
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San Marino City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on cityofsanmarino.primegov.com. That file is the official record.

RESOLUTION NO. R-24-13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN MARINO, CALIFORNIA, ADOPTING

REGULATIONS FOR CANDIDATES FOR ELECTIVE
OFFICE PERTAINING TO CANDIDATES’ STATEMENTS

SUBMITTED TO THE VOTERS AT AN ELECTION TO BE
HELD ON NOVEMBER 5, 2024
WHEREAS, §13307 of the Elections Code of the State of California, provides that the governing body of any local agency may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate’s statement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MARINO,

CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 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 San Marino on November 5, 2024, 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. 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 The statement may be withdrawn, but not changed, during the period of filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

SECTION 2. In compliance with California law, the City Clerk shall provide a Spanish translation of the candidate’s statement at the candidate’s request. The City Clerk shall require each candidate filing a statement to pay a deposit of THREE HUNDRED DOLLARS ($300) for English, and SIX HUNDRED DOLLARS ($600) for English and Spanish, in advance as a condition of having his or her statement included in the voters’ pamphlet. The City Clerk shall bill each candidate for any cost in excess of the deposit and shall refund any unused portion of any deposit.

SECTION 3. The City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nomination petitions are issued.

SECTION 4. FOREIGN LANGUAGE POLICY.

A. Multilingual translations of candidate statements for voter information booklets may be provided in Chinese, Hindi, Japanese, Khmer, Korean, Spanish, Tagalog/Filipino, Thai and Vietnamese for qualifying jurisdictions in accordance with the National Voting Rights Act CITY OF SAN MARINO RESOLUTION NO. R-24-13
PAGE 2 OF 3
provisions and Department of Justice specifications.

B. The County will print sample ballots and candidates’ statements in English and all qualified languages that equal 3% or more of voting-age residents in San Marino. The County will make the sample ballots and candidates’ statements in the required languages available at all polling places, on the County’s website, in the office of the City Clerk for the City of San Marino, and to voters requesting such material.

SECTION 5. PAYMENT.

A. Translations.

1. The candidate shall be required to pay for the pro rata cost of translating 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 pro rata cost of printing the candidate’s statement in English in the main voter’s pamphlet.

2. The candidate shall be required to pay for the pro rata cost of printing the candidate’s statement in a foreign language required in (A) of Section 2 above, in the main voters’ 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 voters’ pamphlet.

The County Registrar of Voters 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 statement included in the voters’ 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 and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements.

Accordingly, the City is not bound by the estimate specified above and may, on a pro rata basis, bill the candidate for additional actual expenses 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.

CITY OF SAN MARINO RESOLUTION NO. R-24-13
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SECTION 6. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot 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 Council policy on payment for candidates’ statements are repealed.

SECTION 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, APPROVED, AND ADOPTED, at an Adjourned Regular Meeting of the City Council of the City of San Marino, California, on this 28th day of June, 2024. _____________________________
STEVEN W. HUANG, DDS, MAYOR

CITY OF SAN MARINO
ATTEST:
__________________________________

ALISON WALKER, CITY CLERK

CITY OF SAN MARINO

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF SAN MARINO )
I, Alison Walker, City Clerk of the City of San Marino, California, hereby certify that Resolution No. R-24-13 was adopted by the City Council of the City of San Marino at an Adjourned Regular Meeting held on the 28th day of June, 2024, and that the same was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________

ALISON WALKER, CITY CLERK

CITY OF SAN MARINO

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