HomeMy WebLinkAboutCC RES 93-115 1
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RESOLUTION ND. 93-115
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS
AT AN ELECTION TO BE HELD ON TUESDAY, APRIL 12,
1994
WHEREAS, Section 10012 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' statements,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. GENERAL PROVISIONS. That pursuant to Section ]0012 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
April 12, 1994, may prepare a candidate's statement on an appropriate form
provided by the Office of 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 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 The statement may be withdrawn, but not changed, during the period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 State law, the
candidate's statement must be translated and printed in Spanish at the
candidate's request, (b) Pursuant to the Voting Rights Act, the City is
required to translate candidates' statements into the following languages
in addition to English: Spanish and Vietnamese, (c) The Office of the
City Clerk shall have all candidates' statements translated into the
languages specified in {b) above and shall print all translations of
candidates' statements in the voters pamphlet.
SECTION 3. PAYMENT, The candidate shall be required to pay for the
cost of printing the candidate's statement in English; the candidate shall
be required to pay for the cost of translating the candidate's statement
into any foreign language as specified in {b} above pursuant to State
and/or Federal law; and the candidate shall be required to pay for the
cost of printing the candidate's statement in a foreign language. The
Office of the City Clerk shall estimate the total cost of 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 {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
Resolution 93-115, Page 2
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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 Office of the City 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 Office of the City Clerk
may require the candidate to pay the balance of the cost incurred. In the
event of overpayment, the Office of the City Clerk shall prorate the
excess amount among the candidates and refund the excess amount paid
within 30 days of the election.
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SECTION 4. ADDITIONAL MATERIALS. No candidate will be permitted to
include additional materials in the sample ballot package.
SECTION 5. That the Office of the City Clerk shall provide each
candidate or the candidate's representative a copy of this resolution at
the time nominating petitions are issued.
SECIION 6. That all previous resolutions establishing City Council
policy on payment for candidates' statements are repealed.
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SECTION 7. That this resolution shall apply only to the election to
be held on April 12, 1994, and shall then be repealed.
SECTION 8. That the Office of 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 held on
the 1st day of November, 1993.
/~J~E. WYNN, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF TUSIIN )
JIM POT~S~ MAYO~
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Mary E. Wynn, City Clerk and ex-officio Clerk of the City Council of the
City of lustin, California, does hereby certify that the whole number of
the members of the City Council of the City of lustin is five; that the
above and foregoing Resolution No. 93-115 was passed and adopted at a
regular meeting of the City Council held on the 1st day of November, 1993,
by the following vote:
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Councilmember Ayes:
Councilmember Noes: None
Councilmember Abstained: None
Councilmember Absent: None
E:RCANDST
Ports, Saltarelli, Pontious, Puckett, Thomas
Mary E. Wynn, City Clerk