RES-10662 Regulations For Candidate StatementsRESOLUTION NO. 10662
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 6, 2012.
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 6, 2012 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withdrawn, but not changed, during the period for filing nomination papers and until 5:00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 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 field on
November 6, 2012.
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.
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ADOPTED this 26 day of June, 2012.
ATTEST:
MaryE. , City Cl of Orange
I, MARY E. MURPHEY, 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
the City of Orange at a regular meeting thereof held on the 26 day of June, 2012 by the
following vote:
AYES: COUNCILMEMBERS: Whitaker, Smith, Cavecche, Bilodeau, Dumitru
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Mary E. -y, City Clerk, Ci of Orange