HomeMy WebLinkAboutCC RES 98-44 RESOLUTION NO. 9844
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 TUSTIN, CALIFORNIA, ADOPTING REGULATIONS FOR
4 CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN
5 ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 1998
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8 WHEREAS, Section 13307 of the Elections Code of the State of California provides
that the governing body of any local agency adopt regulations pertaining to
9 materials prepared by any candidate for a municipal election, including costs of the
candidate statements,
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II NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, · CALIFORNIA, HEREBY RESOLVES AS FOLLOWS:
SECTION 1. GENERAL PROVISIONS. That pursuant to Section 13307 of
:1:3 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 3, 1998, may
prepare a candidate statement on an appropriate form provided by the City Clerk.
:15 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
16 qualifications expressed by the candidate. The statement shall not include party
affiliation of the candidate, nor membership or activity in partisan political
1 ? organizations. The statement shall be filed in typewritten form with the City Clerk at
18 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withdrawn, but not changed, during the period for filing nomination papers and until
:19 5:00 p.m. of the next working day after the close of the nomination period.
20 SECTION 2. FOREIGN LANGUAGE POLICY. (a) pursuant to the Voting
Rights Act, the City is required to translate candidate statements into the following
21 languages in addition to English: Spanish and Vietnamese, (b) the City Clerk shall
22 have all candidate statements translated into the languages specified in (a) above
and shall print all translations of candidate statements in the voters pamphlet.
SECTION 3. PAYMENT. The candidate shall be required to pay for the
2,1 cost of printing the candidate statement in English; the candidate shall be required
to pay for the cost of translating the candidate statement into any foreign language
as specified in (a) and/or (b) above pursuant to State and/or Federal law; and the
26 candidate shall be required to pay for the cost of printing the candidate statement
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Resolution No. 98-44
Page 2
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in a foreign language. The City Clerk shall estimate the total cost of printing,
3 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
4 of 1965 (as amended), and require each candidate filing a statement to pay in
advance to the City of Tustin his or her'estimated pro rata share as a condition of
5 having his or her statement included in the voter's pamphlet. The estimate is just
an approximation of the actual cost that varies from one election to another election
6 and may be significantly more or less than the estimate, depending on the actual
? number of candidates filing statements. Accordingly, the City Clerk is not bound by
the estimate and may, on a pro rata .basis, invoice the candidate for additional
8 actual expense or refund any excess paid depending' on the final actual cost. In the
event of underpayment, the City Clerk may require the candidate to pay the
9 balance of the cost incurred. In the event of overpayment, the City Clerk shall
]0 prorate the excess amount among the candidates and refund the excess amount
within 30 days of the election.
SECTION 4; ADDITIONAL MATERIALS. No candidate will be permitted
]2 to include additional materials in the sample ballot package.
]3 SECTION 5. That the City Clerk shall provide each candidate a copy of
],1 this resolution at the time nominating petitions are issued-.
]5 SECTION 6. That all previous resolutions establishing City Council policy
on payment for candidate statements are repealed.
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SECTION 7. That this resolution shall apply only to the election to be held
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on November 3, 1998, and shall then be repealed.
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SECTION 8. That the City Clerk shall certify to the passage and adoption
] 9 of this resolution and enter it into the' book of original resolutions.
9.0 PASSED AND ADOPTED at a regular meeting of the City Council held on the 1st
dayof June, 1998.
9..5 THOMAS R. SALT,-~ELLI,' MAYOR
LA STOKER, CITY CLERK
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF TUSTIN )
RESOLUTION NO. 98-44
Pamela Stoker, City Clerk and ex-officio Clerk of the City .Council of the City of Tustin,
California, does hereby .certify that the whole number of the members of the City Council is
five; that the above and foregoing resolution was passed and adopted at a regular meeting of
the City Council held on the 1st day of June, 1998, by the following vote:
COUNCILMEMBER AYES: Saltarelli, Worley, Doyle, Potts, Thomas
COUNCILMEMBER NOES: None
COUNCrLMEMBER ABSTAINED None
COUNCILMEMBER ABSENT: None
.~la Stoker, City Clerk