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RES-9378 Candidate Regulations for Special Municipal Election June 5, 2001RESOLUTION NO. 9378 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 A SPECIAL ELECTION TO BE HELD ON TUESDAY, JUNE 5, 2001. 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 dection, including costs of the candidates' statement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE, CAUFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORI)ER 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 the Special Election to be held in the City of Orange on June 5, 2001 may prepare a candidate's statement on an appropriate forrn 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 fornl 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 The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.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 is required to translate candidates' statements into the following languages in addition to English: Spanish and Vietnamese. b. Pursuant to state law, the candidates' statement must be translated and printed in the voters pamphlet in any language at the candidate's request. c. The City Clerk shall: I. Have all translations made available upon request in the office ofthe City Clerk. SEcnON 3: PAYMENT: 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 (a) 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. The City Clerk shall estimate the total cost of printing, handling, translating and mailing the c,mdidate'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 c:mdidate to pay the balance of the cost incurred. In the event of overpayment, the clerk shall prorate the excess amount among the cand:idates 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. SECTIONS: 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 June 5, 2001 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 2nd day ofJanuary , 2001. of Orange ATTEST: G.4'-'~.("~~ CvAt-C.A.d- Cassandra J. Cathc , ity Clerk of the City of Orange I hereby certifY that the foregoing Resolution was duly and regularly adopted by the City Council ofthe City of Orange at an adjourned regular meeting thereof held on the 2nd day of January, 2001 by the following vote: AYES: NOES: ABSENT: ABSTAIN COUNCILMEMBERS: Coontz, Mayor Murphy COUNCILMEMBERS: Alvarez COUNCILMEMBERS: None COUNCILMEMBERS: Slater z- Cassandra J. Cathca, Ity Clerk ofthe CIty of Orange Reso 9378