RES-9605 Adopting Regulations for Candidates for Elective OfficeRESOLUTION NO, 9605
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE, CALIFORNIA, 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 5, 2002.
WHEREAS, Section 13307 of the Elections Code of the State of California
provides that the governing body of any local agt:ncy 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 5, 2002 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 typewritten 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 The statement may be withdrawn, but not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 the Voting Rights Act, the City may be required to translate
candidates' statements into the following languages in addition to English: Spanish and
Vietnamese
b. Pursuant to state law, the candidate's statement must be translated and printed
in the voter's pamphlet in any language at the candidate's request.
c. The City Clerk shall:
1. Have all candidates statements translated into the languages specified in (a)
above.
2. Have all translations made available upon request in the office of the City
Clerk.
SECTION 3. PAYMENT
1. The candidate shall be required to pay for the cost of printing the
candidates statement in English in the voter's pamphlet.
2. The candidate shall be required to pay for the cost oftranslating the
candidates statement into any required foreign language as specified in (a)
and/or (b) above pursuant to State and/or Federal law.
3. The candidate shall be required to pay for the cost of printing the
candidates statement in a foreign language in the voter's pamphlet.
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
mor,c or less than the estimate, depending on the actual nUlllber 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
dept:nding 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 S. That the City Clerk shall provide each candidate or the candidate's
repr'csentative 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 5, 2002 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 day of June, 2002.
Mark
A. Murphy, yor of the City of Orange ATTEST:
Cf:
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Cassandra J. Cathcart, lty Clerk of the CIty of Orange
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 11th day
of June, 2002 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
SLATER, A.LVAREZ, MURPHY, COONTZ, CAVECCHE
NONE
NONE
NONE
Cassandra
J. Cathca " lty Clerk of the CIty of Orange