HomeMy WebLinkAbout- - Ballot Measure OCFEC Attachment 7 - 2/16/2010Attachment 7
RESOLUTION NO.
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, § 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
(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.
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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arguments for city measures are repealed.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election to be held on June 8, 2010, and shall then be repealed.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, APPROVED AND ADOPTED ON FEBRUARY 16, 2010.
ATTEST:
City Clerk of the City of Costa Mesa
2
Mayor of the City of Costa Mesa
APPROVED AS TO FORM
City Attorney
Attachment 7
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY
CERTIFY that the above and foregoing is the original of Resolution No. and
was duly passed and adopted by the City Council of the City of Costa Mesa at a
regular meeting held on the 16th of February 16, 2010, by the following roll call
vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal
of the City of Costa Mesa this 16TH day of February 16, 2010.
JULIE FOLCIK, CITY CLERK
(SEAL)
3
Attachment 7
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
(jurisdiction) to be held on June 8, 2010, hereby state that the argument is true and correct to the
best of (his/her/their) knowledge and belief.
Sign Name
Editor's Notes:
Print Name
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