HomeMy WebLinkAboutCC RES 18-41RESOLUTION NO. 18-41
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 6, 2018
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 6, 2018 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 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 The statement may be withdrawn, but not changed, during the period for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 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, mailing and electronically distributing 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 City his or her estimated pro rata share as a condition of having his
or her statement included in the county voter information guide or electronically
distributed. The receipt for the estimated payment shall include a written notice that the
estimate is just an approximation of the actual cost that varies from one election to another
Resolution 18-41
Page 1 of 3
election and may be significantly more or less than the estimate, depending on the actual
number of candidates filing statements. Accordingly, the City and the City Clerk are 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 candidates 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 that is
requested as an option by that candidate.
(B) Printing: The candidate shall be required to pay for the cost of printing the Candidate
Statement in the voter's 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 6, 2018.
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 19th day of June 2018.
Resolution 18-41
Page 2 of 3
ELWYN A. MURRAY,
Mayor
ATTEST:
La - ij,,4 e,,�
ERICA N. YASU ,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Erica N. Yasuda, 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. 18-41 was duly passed
and adopted at a regular meeting of the Tustin City Council, held on the 19TH day of June
2018, by the following vote:
COUNCILMEMBER AYES: Murray, Gomez, Bernstein, Puckett, Clark (5)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: (0)
L1 6, laa"- ,
ERICA N. YASUD ,
City Clerk
Resolution 18-41
Page 3 of 3