RES-10091 Adopting Candidate's Statement RegulationsRESOLUTION NO. 10091
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 7,2006.
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 I. 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 7, 2006 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 The statement may be withdrawn, but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. Pursuant to State law, the candidates statement must be translated and printed
in the voters' pamphlet in Spanish at the candidate's request and may be translated and
printed in additional languages at the candidate's request.
C. 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 ofthis Resolution at the time nominating petitions are issued.
SECTION 6. That this Resolution shall apply only to the election to be held on
November 7, 2006.
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 27th day of June, 2006.
J t- jlN
Mark . Murphy, Mayor, Ci . f Orange
ATTEST: v
I'
Mm~ City Clerk, City
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 the City of Orange at a regular meeting thereof held on the 27th day of June, 2006 by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
of Orange