RES-10291 Adopting Candidate's Statements RegulationsRESOLUTION NO. 10291
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE ADOPTING REGULATIONS
FOR CANDIDA TES FOR ELECTIVE OFFICE
PERTAINING TO CANDIDATE'S STATEMENTS
SUBMITTED TO THE VOTERS AT AN ELECTION
TO BE HELD ON TUESDAY, NOVEMBER 4, 2008.
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 l. 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 4, 2008 may prepare a
candidate's statement on an appropriate form provided by the City Clerk. The statement
may include the name of the candidate and a brief description of no more than 200 words
of the candidate's occupation, education and qualifications. 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 The statement may be withdrawn, but not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, the City may be required to translate
candidate statements into the following languages in addition to English: Spanish,
Vietnamese, Chinese and Korean.
B. The City Clerk shall:
1) have all candidate statements translated into the languages specified in (A)
above;
2) print all translations of all candidates statements in the voters pamphlet; and
may have all translations made available upon request in the office of the
City Clerk.
SECTION 3. PAYMENT
A. Translations
1. The candidate shall be required to pay for the cost of translating the
candidates statement into any required foreign langue as specified in (A)
above pursuant to Federal and/or State law.
B. Printing
1. The candidate shall be required to pay for the cost of printing the
candidates statement in the voter's pamphlet in all required applicable
languages pursuant to Federal and/or State law.
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 within 30 days of the
election.
SECTION 4. No candidate will be permitted to include additional materials in the
sample ballot package.
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. That this Resolution shall apply only to the election to be held on
November 4, 2008.
SECTION 7. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
ADOPTED this 10th day of June, 2008.
A TTEST~
if
Mary_
I hereby certify that the foregoing Resolution was duly and regularly adofted by
the City Council of the City of Orange at a regular meeting thereof held on the lOt day of
June, 2008 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None