RES-10940 Regulations For Candidate StatementsRESOLUTION NO. 10940
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 AN ELECTION
TO BE HELD ON TUESDAY, NOVEMBER 8, 2016.
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 an election to be held in the City of Orange on November 8, 2016 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 The statement may be withdrawn, but not changed, during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 to pay 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 Chief 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 Chief 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 Chief Clerk may
require the candidate to pay the balance of the cost incurred. In the event of
overpayment, the Chief Clerk shall prorate the excess amount among the candidates and
refund the excess amount paid.
SECTION 4. MISCELLANEOUS. The Chief 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 Chief 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 4, 2014.
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. 10940 2
ADOPTED this 14th day of June, 2016.
Teres E. Smith, Mayor, City of Orange
ATTEST:
i j - 'l Ar ' . C \P it:
Mary E. M hy, City Clerk, City of Orange
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ORANGE
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Resolution was duly and regularly adopted by the City Council
of Orange at a regular meeting thereof held on the 14th day of June, 2016, by the
following vote:
AYES: COUNCIL MEMBERS: Alvarez, Whitaker, Smith, Murphy, Nichols
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
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Mary E. VrPhy, City Clerk, City of Orange
Resolution No. 10940