HomeMy WebLinkAbout2020-46 - Adopting Regulations for Candidates for Elective Office Pertaining to Candidates Statements Submitted to the Voters at an Election to be Held on Tuesday, November 3, 2020RESOLUTION NO. 2020-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT 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 3, 2020
WHEREAS, California Elections Code Section 13307 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 NEWPORT
BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND
ORDER AS FOLLOWS:
Section 1: General Provisions. Pursuant to California Elections Code Section
13307, each candidate for elective office to be voted for at an election to be held in the
City of Newport Beach on November 3, 2020, 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 candidate's statement shall be filed in
type written form, as well as in electronic format, with the Office of the City Clerk at the
time the candidate's nomination papers are filed. The candidate's 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withdrawn, but not changed, during the period for filing nomination papers and until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 the Federal Voting Rights Act, candidates' statements will be
translated into all languages required by the County of Orange.
B. The County will mail separate voter information guides and candidate
statements in languages other than English to only those voters who are
registered with the County of Orange as having requested a voter
information guides in a particular language. The County of Orange will make
the voter information guides and candidate statements in the required
language available at all polling places and on the County's website.
Resolution No. 2020-46
Page 2 of 4
Section 3: Payment.
A. Translations
1. The candidate shall be required to pay for the cost of translating the
candidate's statement into any required foreign language 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
pursuant to state and federal law but is requested as an option by
the candidate.
B. Printing
1. The candidate shall be required to pay for the cost of printing the
candidate's statement in English in the main voter information guide.
2. The candidate shall be required to pay for the cost of printing the
candidate's statement into any required foreign language pursuant
to federal and/or state law, in the main voter information guide.
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, in the main voter information guide.
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 City of Newport Beach his or
her estimated pro rata share as a condition of having his or her statement included in the
voter information guide. 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 candidates for additional actual expenses or refund any excess paid depending on
the final actual cost. In the event of underpayment, the City Clerk may require the
candidates 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.
Resolution No. 2020-46
Page 3 of 4
Section 4: No candidate will be permitted to include additional materials in the
voter information guide.
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 City Council policy on payment
for candidates' statements are repealed.
Section 7: This resolution shall apply only to the General Municipal Election to
be held on Tuesday, November 3, 2020, and shall then expire without further action by
the City Council.
Section 8: The City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
Section 9: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 10: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 11: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Resolution No. 2020-46
Page 4 of 4
Section 12: This resolution shall take effect immediately upon adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 12th day of May, 2020.
Will O'Neill
Mayor
ATTEST:
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Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
C
Aaron C. Harp
City Attorney
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2020-46, was duly introduced before and adopted by the City Council of said City at a regular
meeting of said Council held on the 121h day of May, 2020; and the same was so passed and adopted by
the following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council
Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 131h day of May, 2020.
Uffiffl.,M
Leilani I. Brown -
City Clerk
Newport Beach, California