RES-8644 Adopting Regulations for Candidates for Elective Office - November 5, 1996 ElectionRESOLUTION NO. 8644
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ORANGE, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATES STATEMENTS SUBMll lED TO THE VOTERS
AT AN ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 5, 1996.
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
candidates statement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND
ORDER AS FOLLOWS:
SECTION I. GENERAL PROVISIONS. That pursuant to Section 13307 of
the Elections Code of the State of California, each candidate or elective office to be voted
for at an Election to be held in the City of Orange on November 5, 1996 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 affi1iation of the
candidate, nor membership or activity in partisan political organizations. The statement
shall be filed in typewriter form 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nomination papers are filed, The statement may be withdrawn, but not changed, during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 state law, the candidates statement must be translated and printed
in Spanish at the candidates request.
b.
Pursuant to the Voting Rights Act, the City is required to translate candidates statements
into Spanish and Vietnamese.c.
The City Clerk shall:1.
Have translated only those statements into Spanish as requested by the candidate,
2. Print Spanish translations of candidates who request printing in the
voters pamphlet.
3. Print any foreign language translations of candidates who request
printing in the voters pamphlet.
SEC3ION3. PA~ENT
I. The candidate shall be required to pay for the cost of printing the
candidates statement in English.
2. The candidate shall be required to pay for the cost of translating the
candidates statement into any foreign language as specified in (b) above
pursuant to State and/or Federal law,
3. The candidate shall be required to pay for the cost of printing the
candidates staternent in a foreign language,
The City Clerk shall estimate the total cost of printing, handling, translating and mailing
the candidates statement 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 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 clerk may require the candidate to pay the
balance of the cost incurred. In the event of overpayment, the clerk shall prorate the
excess amount among the candi51ates and refund the excess amount paid within 30 days of
the election,
SECTION 4. ADDITIONAL MATERIALS. No candidate will be permitted to
include additional materials in the sample ballot package.
SECTION 5. 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 6. That all previous resolutions establishing council policy on payment
for candidates statements a~~ repealed,
SECTION 7. That this resolution shall apply only to the election to be held on
November 5, 1996 and shall then be repealed.
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.
ADOPTED this 11th
ATTEST:
I 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 11 th
day of June, 1996 by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: MURPHY, BARRERA, COONTZ, SPURGEON, SLATER
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
City !.rk of the City of Orange
Reso 8644