HomeMy WebLinkAboutCC RES 22-16 DocuSign Envelope ID:4E35E1D3-EF78-41C8-AOE8-E108B5F17BE7
RESOLUTION NO. 22-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR MAYOR
AND CITY COUNCIL PERTAINING TO CANDIDATE STATEMENTS
SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2022
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 materials
prepared by any candidate for a municipal election, including costs of the candidate
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 section 13307(b) 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 8, 2022, may prepare a
candidate 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 The statement may be withdrawn, but not changed, during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. In addition, pursuant to section 13307(c), each
canuluaa, for elective office to be voted for at an election to be held in the City of Tustin
on November 8, 2022, may prepare a candidate's statement for the purpose of electronic
distribution. The statement for electronic distribution and the statement that is and the
statement that is submitted for inclusion in the printed voter's pamphlet will be posted on
the City's Internet Web, but the statement for electronic distribution shall not be included
in a voter's pamphlet that is printed and mailed to voters. A statement that is prepared
and electronically distributed pursuant to section 13307(c) shall be displayed in type of
uniform size and darkness, and with uniform spacing.
SECTION 2. FOREIGN LANGUAGE POLICY. (A) Pursuant to the Federal Voting
Rights Act, candidate 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 voter information guides and candidate statements in Spanish, Chinese,
Korean, or Vietnamese to only those voters who are on the County voter file as having
requested a voter information guide in a particular language. The County will make the
Resolution 22-16
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voter information guides and candidate statements in the required languages available at
all polling places/voter centers, on the County's website, and in the City Clerk's Office.
Pursuant to Elections Code section 13307(c)(5), the City Clerk shall provide a Spanish
translation of the statement for electronic distribution to those candidates who wish to
have one.
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 Sections 1 and 2, 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 the candidate's estimated pro rata share as a condition of
having the candidate's 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 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.
(A) Translations:
1 . The candidate shall be required to pay for the cost of translating the candidate's
statement into any required foreign language as specified in Section 2.A. and
Section 2.13. above pursuant to Federal and/or State law.
2. The candidate shall be required to pay for the cost of translating the candidate's
statement into any foreign language that is not required as specified in Section
2.A. and Section 2.13. above pursuant to Federal and/or State 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 or Federal
law.
SECTION 5. ADDITIONAL MATERIALS. No candidate will be permitted to include
additional materials in the voter information guide.
SECTION 6. 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. All previous resolutions establishing Council policy on payment for
Candidate Statements are repealed.
Resolution 22-16
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SECTION 8. This Resolution shall apply only to the election to be held on
November 8, 2022.
SECTION 9. 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 May 2022.
DocuSigned by:
AUSTIN IUM&ARD1,A
Mayor
ATTEST:
F`LV
DocuSigned by:
' qa.Stti '
ERIb? WA'SLTDA,
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. 22-16 was duly passed
and adopted at a regular meeting of the Tustin City Council, held on the 17th day of May
2022, by the following vote:
COUNCILMEMBER AYES: Lumbard, Cooper, Clark, Gallagher, Gomez (5)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: (0)
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DocuSigned by:
`�V' qa.Stti '
ERIbAqq!cVAW1DA,
City Clerk
Resolution 22-16
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