RES-8338 Adopting Regulations for Candidates for Elective Office Election November 8, 1994RESOLUTION NO. 8338
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE, CALIFORNIA, ADOPTING
REGULATIONS FOR CANDIDATES FOR
ELECTIVE OFFICE PERTAINING TO CANDIDATES
STATEMENTS SUBMITTED TO THE VOTERS AT
AN ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 1994.
WHEREAS, Section 10012 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 1. GENERAL PROVISIONS. That pursuant to Section 10012
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,
1994, 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The statement may be withdrawn, but not changed, during the period for filing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 state law, the candidates statement must be translated and
printed In Spanish at the candidate's request.
b. Pursuant to the Voting Rights Act, the city Is required to translate
candidates statements Into Spanish.
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.
SECTION 3. PAYMENT.
1 . 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.
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 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
candidates 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 are repealed.
SECTION 7. That this resolution shall apply only to the election to be
held on November 8, 1994 and shall then be repealed.
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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 28th day of June, 1994.
GENE BEYER
Mayor of the City of Orange
ATTEST: By: \~L?( &~
C:;
Ma Pro Tern I
a~otdofZ~1~
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 28th day of
June, 1 994 by the following vote:
AYES:COUNCI LMEMBERS: SPURGEON, BARRERA, COONTZ, MURPHY
NOES:COUNCILMEMBERS: NONE
ABSENT:COUNCILMEMBERS: MAYOR BEYER
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City lerk Is( the ity of Orange
Reso.8338
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