RES-11138 Regulations For Special ElectionRESOLUTION NO. 11138
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE ADOPTING REGULATIONS
FOR CANDIDATES FOR ELECTIVE OFFICE
PERTAINING TO CANDIDATE'S STATEMENTS
SUBMITTED TO THE VOTERS AT A SPECIAL
ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 5, 2019.
WHEREAS, Section 13307 of the Elections Code of the State of California 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's statement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS
FOLLOWS:
SECTION 1. GENERAL PROVISIONS. That pursuant to Section 13307 of the
Elections Code of the State of California, each candidate for elective office to be voted for at a
special election to be held in the City of Orange on November 5, 2019 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 statement shall be filed 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 The statement may be withdrawn, but not changed, during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.
SECTION 2. FOREIGN LANGUAGE POLICY.
A. Pursuant to the Federal Voting Rights Act, candidate's statements will be translated
into all languages required by the County of Orange. The County is required to translate
candidate's statements into the following languages: Spanish, Chinese, Korean, and Vietnamese.
B. The County will mail separate sample ballots and candidate's statements in Spanish,
Chinese, Korean, and Vietnamese to only those voters who are on the county voter file as having
requested a sample ballot in a particular language. The County will make the sample ballots and
candidate's statements in the required languages available at all polling places, on the County's
website, and in the Election Official's office.
SECTION 3. PAYMENT.
A. Translations:
The candidate shall be required to pay for the cost of translating the candidate
statement into any required. foreign language as required in (A) of Section 2 above,
pursuant to Federal and/or State law.
B. Printing:
The candidate shall, be required topay for the cost of printing the candidate statement
in. the. main..voter.pamphlet in a foreign language, as required in (A) of Section
2 above. The
City Clerk 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 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. SECTION
4. MISCELLANEOUS. 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.. , SECTION
5. ADDITIONAL MATERIALS. - No candidate will be permitted to include additional
materials in the sample ballot package. SECTION
6. 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
7. That this Resolution shall apply only to the election to be held on November 5,
2019. SECTION
8. That the City Clerk shall certify to the passage and adoption of this resolution
and enter it into the book of original resolutions. Resolution
No. 11138
ADOPTED this 12th day of February 2019.
k I - )-IIIL- i4
f
Mar A. Murphy, Mayor, I of range
ATTEST:
Pamela Coleman, City Clerk, City of Orange
STATE OF CALIFORNIA ),
COUNTY OF ORANGE )
CITY OF ORANGE )
I, Pamela Coleman, City Clerk of the City of Orange, California, do herby certify that the
foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at
a regular meeting thereof held on the 12th day of February 2019, by the following vote:
AYES: COUNCILMEMBERS: Alvarez, Murphy, Nichols, Monaco
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Pamela Coleman, City Clerk, City of Orange
Resolution No. 11138 3