HomeMy WebLinkAboutCC RES 14-44RESOLUTION NO. 14-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR CITY COUNCIL PERTAINING TO
CANDIDATE STATEMENTS SUBMITTED TO THE
VOTERS AT AN ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 4, 2014
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 candidate's
statement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN,
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 at an
election to be held in the City of Tustin on November 4, 2014 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. The statement shall not include the party affiliation of the candidate, nor
membership or activity in partisan political organizations. The statement shall be filed in
typewritten 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 The statement may be withdrawn, but not changed, during the period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, candidate's 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
mail separate sample ballots and candidate statements to all voters 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 candidate's statements in the required languages available at all
polling places, on the County's website, and in the Elections Official's Office.
SECTION 3. PAYMENT. The City Clerk shall estimate the total cost of printing,
handling, translating and mailing the Candidate 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
Resolution 14-44
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statement included in the voters' pamphlet. The estimate is 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 will 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: TRANSLATIONS AND PRINTING (A) Translations: 1. The costs of
translating the Candidate Statements into the languages required in Section 2 shall be
included in the estimated fee and the final actual costs billed to the candidate pursuant
to Section 3.2. The candidate shall be required to pay for the cost of translating into any
foreign language that is not required, pursuant to State and Federal law, but is
requested as an option by the candidate. (B) Printing: The candidate shall be required
to pay for the cost of printing the Candidate Statement in the voters pamphlet in all
required languages pursuant to state and federal law.
SECTION 5. ADDITIONAL MATERIALS. No candidate will be permitted to
include additional materials in the sample ballot package.
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 Candidate Statements are repealed.
SECTION 8. That this Resolution shall apply only to the election to be held on
November 4, 2014 and shall then be repealed.
SECTION 9. 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 at a regular meeting of the City Council of the City of
Tustin held on the 17th day of June 2014. C
Resolution 12 -57
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0
APPROVED AS TO FORM:
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Jeffrey C. Parker, City Clerk and ex- officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 14 -44 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 17"' day of
June 2014, by the following vote:
COUNCILPERSONS AYES: Murray. Puckett, Nielsen, Gomez, Bernstein (5)
COUNCILPERSONS NOES: None (0)
COUNCILPERSONS ABSTAINED: None (0)
COUNCILPERSONS ABSENT: None (0)
r - er �d--
JEFFRPY C. PARKER,
City�Cl�rld
Resolution 14 -44
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