HomeMy WebLinkAbout06-45 - Adopting Regulations for Candidates for Elective OfficeRESOLUTION NO. 06-45
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 THE GENERAL MUNICIPAL ELECTION
Recitals
WHEREAS, §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 COSTA MESA,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND
ORDER AS FOLLOWS:
Section 1. General Provisions. That pursuant to § 13307 of the Elections
Code of the State of California, each candidate for elective office to be voted for
the General Municipal Election to be held in the City of Costa Mesa in November
of each even -numbered year, may prepare a candidate's statement on an
appropriate form provided by the City Clerk. The statement may include the
name and a brief description of no more than 200 words of the candidate's
occupation, 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 type written 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 The statement may be withdrawn, but not changed,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 Federal Voting Rights Act, the City may be required to
translate candidate statements into the following languages: Spanish,
Chinese, Korean and Vietnamese.
B. The City Clerk shall:
1. Have all candidates statements translated into the languages
specified in (A) above.
2. Print all translations of all candidates statements in the voters
pamphlet and may have all translations made available, upon
request, in the office of the City Clerk.
Section 3. Payment.
A. Translations
1. The candidate shall be required to pay for the cost of translating the
candidates statement into any required foreign language as
specified in (A) of Section 2 above pursuant to state and federal
law.
B. Printing
1. The candidate shall be required to pay for the cost of printing the
candidates statement in the voters pamphlet in all required
languages pursuant to state and federal and/or state law.
The City Clerk shall estimate the total cost or printing, handling, translating and
mailing the candidates 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 voters' 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 thirty (30) days of the
election.
Section 4. Additional Materials. No candidate will be permitted to include
additional materials in the sample ballot package.
Section 5. 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.
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Section 7. That this Resolution shall apply at the next ensuing municipal
election and at each municipal election after that time.
Section 8. That the City Clerk shall certify to the passage and adoption of
this Resolution.
PASSED, APPROVED AND ADOPTED ON JUNE 6, 2006.
ATTEST:
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Cit/C-lerk
Mayor of the City of Costa Mesa
APPROVED AS TO FORM:
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City Attorney
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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 foregoing is the original of Resolution No. 06-45 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
June, 2006, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: MANSOOR, BEVER, DIXON, FOLEY, MONAHAN
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 7th day of June, 2006.
(SEAL)
JULA FOLCI , CITY CLERK
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