HomeMy WebLinkAbout12-20 - Filing of Rebuttal Arguments for Measures Submitted at Special Municipal ElectionRESOLUTION NO. 12-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, PROVIDING FOR THE
FILING OF REBUTTAL ARGUMENTS FOR CITY
MEASURES SUBMITTED AT THE SPECIAL MUNICIPAL
ELECTION.
WHEREAS, the City Council of the City of Costa Mesa called a Special Municipal
Election to be held on June 5, 2012 for the purpose of submitting to the voters a ballot
measure relating to the Proposed Charter, as follows:
Y
E
Shall the City of Costa Mesa adopt the Proposed Charter? S
N
O
WHEREAS, § 9285 of the Elections Code of the State of California authorizes
the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal
arguments for city measures submitted at municipal elections.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That pursuant to Section 9285 of the Elections Code of the State of
California, when the elections official has selected the arguments for and against the
measure which will be printed and distributed to the voters, the elections official shall
send a copy of an argument in favor of the proposition to the authors of any argument
against the measure and a copy of an argument against the measure to the authors of
any argument in favor of the measure immediately upon receiving the arguments.
The author or a majority of the authors of an argument relating to a city measure
may prepare and submit a rebuttal argument not exceeding 250 words or may authorize
in writing any other person or persons to prepare, submit, or sign the rebuttal argument
A rebuttal argument may not be signed by more than five authors.
The rebuttal arguments shall be filed with the City Clerk, signed, with the printed
name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an
organization, the name of the organization, and the printed name and signature of at
least one of its principal officers, not more than 10 days after the final date for filing
direct arguments. The rebuttal arguments shall be accompanied by the Form of
Statement To Be Filed By Author(s) of Argument and Authorization For Signer, if
applicable (Attachment 1).
Rebuttal arguments shall be printed in the same manner as the direct arguments.
Each rebuttal argument shall immediately follow the direct argument which it seeks to
rebut. The City Clerk shall refer to the "Handbook for Submitting Ballot Arguments and
Rebuttal Arguments for Countywide Measures" (Orange County Registrar of Voters,
2008) as a guide where applicable and where not in conflict with the California
Elections Code in disposing of her duties relating to the filing of rebuttal arguments.
SECTION 2. That all previous resolutions providing for the filing of rebuttal
arguments for city measures are repealed.
SECTION 3. That the provisions of Section 1 shall apply only to the election to
be held on June 5, 2012, and shall then be repealed.
SECTION 4. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED AND ADOPTED this 6th day of March, 2012.
Gary Monahan, ayor
ATTEST: APPROVED AS TO FORM:
JL#6 Folcik, City Clerk Thomas Duarte, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA
I, JULIE FOLC{K, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the
above and foregoing is the original of Resolution No. 12-20 and was duly passed and
adopted by the City Council of the City of Costa Mesa at a regular meeting held on the
6th day of March, 2012, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: MONAHAN, RIGHEIMER, BEVER, MENSINGER
NOES: COUNCIL MEMBERS: LEECE
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 7th day of March, 2012.
JU FOLCIK, CITY CLERK
(SEAL)
RITITI I
FORM OF STATEMENT TO BE FILED BY
AUTHORS OF ARGUMENTS
All arguments concerning measures filed pursuant to Division 9, Chapter 3
(beginning with §9200) of the Elections Code shall be accompanied by the
following form statement to be signed by each proponent, and by each author, if
different, of the argument:
The undersigned proponent (s) or author(s) of the (primary/rebuttal) argument (in favor
of/against) ballot proposition (name or number) at the Special Municipal election for the City of Costa
Mesa to be held on June 5, 2012, hereby state that the argument is true and correct to the best of
(his/her/their) knowledge and belief.
Sign Name Print Name
Editor's Notes:
All Authors must print his/her name and sign this form (EC 9600)
AND
Print his/her name and sign the Argument itself (EC 9283)
AND
Print his/her name and sign the Rebuttal Argument itself (EC 9285)
Date
Further, pursuant to Election Code § 9282, printed arguments submitted to the voters shall be titled either
"Argument In Favor Of Measure _" or "Argument Against Measure _"
Likewise, printed rebuttal arguments submitted pursuant to Election Code § 9285 shall be titled either
"Rebuttal To Argument In Favor Of Measure _" or "Rebuttal to Argument Against Measure _
Authorization for Signers of Rebuttal Arguments
The undersigned author(s) of the argument_ In Favor of OR
Against Measure
_ at the Special Municipal Election to be held on June 5, 2012 authorize(s)
the following
individual(s)to sign the Rebuttal Argument in the following manner:
1. to sign in addition to I instead of
print name of Rebuttal Argument Signor
print name of Rebuttal Argument author Date
2. to sign in addition to I instead of
-print name of Rebuttal Argument Signor
print name of Rebuttal Argument author Date
3: to sign in addition to / instead of
print name of Rebuttal Argument Signor
print name of Rebuttal Argument author Date
4. to sign in addition to / instead of
print name of Rebuttal Argument Signor
print name of Rebuttal Argument author Data
5. to sign in addition to /instead of
print name of Rebuttal Argument Signor
print name of Rebuttal Argument authorDate
Signature of Rebuttal Argument Author (s) Date
Signature of Rebuttal Argument Author (s) Date
Signature of Rebuttal Argument Author (s) Date
Signature of Rebuttal Argument Author (s) Date
Signature of Rebuttal Argument Author (s) Date