HomeMy WebLinkAbout16-28 - Regulations for Candidates for Elective OfficeRESOLUTION NO. 16-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, 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, 2016
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 candidates statement;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1: 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 Costa Mesa on Tuesday November 8, 2016 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 and electronic
format (as specified by the City Clerk) 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 The statement may be withdrawn, but not changed, during the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, candidates statements will be translated into all
languages required by the County of Orange. The County is required to translate candidate's
statements into the following languages: Spanish, Chinese, Korean, and Vietnamese.
B. The County will print and mail separate sample ballots and candidates statements in
Spanish, Chinese, Korean, and Vietnamese to only those voters who are on the county voter
file as having requested a sample ballot in a particular language. The County will make the
sample ballots and candidates statements in the required languages available at all polling
places, on the County's website, and in the Election Official's office.
SECTION 3: PAYMENT.
A. Translations:
1. The candidate shall be required to pay for the cost of translating the candidates statement
Resolution No. 16-28 Page 1
into any required foreign language as specified in (A) and/or (B) of Section 2 above
pursuant to Federal and/or State law,
2. The candidate shall be required to pay for the cost of translating the candidates statement
into any foreign language that is not required as specified in (A) and/or (B) of Section 2
above, pursuant to Federal and/or State law, but is requested as an option by the
candidate.
B. Printing:
1. The candidate shall be required to pay for the cost of printing the candidates statement in
English in the main voter pamphlet.
2. The candidate shall be required to pay for the cost of printing the candidates statement in
a foreign language required in (A) of Section 2 above, in the main voter pamphlet.
3. The candidate shall be required to pay for the cost of printing the candidates statement in
a foreign language requested by the candidate per (B) of Section 2 above, in the main
voter pamphlet.
4. The candidate shall be required to pay for the cost of printing the candidates statement in
a foreign language required by (A) of Section 2 above, in the facsimile voter 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 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: MISCELLANEOUS.
A. All translation shall be provided by professionally -certified translators.
B. The City Clerk shall comply with all recommendations and standards set forth by the
California Secretary of State regarding occupational designations and other matters relating
to elections.
SECTION 5: ADDITIONAL MATERIALS. No candidate will be permitted to include additional
materials in the sample ballot package.
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SECTION 6: 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 7: That all previous resolutions establishing council policy on payment for candidates
statements are repealed.
SECTION 8: That this Resolution shall apply only to the general municipal election on
November 8, 2016 and shall then be repealed.
SECTION 9: That
enter it into the boc
PASSED
Stephen M
ATTEST:
City Clerk shall certify to the passage and adoption of this resolution and
original resolutions.
PTED this 7th day of June, 2016.
er, Mayor
Brenda Green, Ofty Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that
foregoing Resolution No. 16-28 was duly passed and adopted by the City Council of the City of
Costa Mesa at a regular meeting held on the 7th day of June, 2016, by the following roll call
vote, to wit:
AYES: COUNCIL MEMBERS: Foley, Genis, Monahan, Righeimer, and Mensinger
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 8th day of June, 2016.
BRENDA GREEN, CITY CLERK
Resolution No. 16-28 Page 3