HomeMy WebLinkAboutCC RES 95-104 RESOLUTION NO. 95-104
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING REGULATIONS FOR
3 CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT
~' AN ELECTION TO BE HELD ON TUESDAY, MARCH 26, 1996
WHEREAS, Section 10012 of the Elections Code of the State
7 of California provides that the governing body of any local
agency adopt regulations pertaining to materials prepared by
8 any candidate for a municipal election, including costs of the
candidates' statements,
9
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN,
30 CALIFORNIA, HEREBY RESOLVES AS FOLLOWS:
3] SECTION 1. GENERAL PROVISIONS. That pursuant to Section
10012 of the Elections Code of the State of California, each
32 candidate for elective office to be voted for at an election
to be held in the City of Tustin on March 26, 1996, may prepare
~3 a candidate's statement on an appropriate form provided by the
Office of the City Clerk. The statement may include the name,
34 age and occupation of the candidate and a brief description of
no more than 200 words of the candidate's education and
35 qualifications expressed by the candidate himself or herself.
The statement shall not include party affiliation of the
]8 candidate, nor membership or activity in partisan political'
organizations. The statement shall be filed in the Office of
]7 the City Clerk at the time the candidate's nomination papers
are filed~ The statement may be withdrawn, but not changed,
38 during the period for filing nomination papers and until 5:00
p.m. of the next working day after the close of the nomination
39 period.
20 SECTION 2. FOREIGN LANGUAGE POLICY. (a) Pursuant to
State law, the candidate's statement must be translated and
2] printed in Spanish at the candidate's request, (b) Pursuant to
the Voting Rights Act, the City is required to translate
22 candidates' statements into the following languages in addition
to English: Spanish and Vietnamese, (c) The Office of the City
23 Clerk shall have all candidates' statements translated into the
languages specified in (b) above and .shall print all
24 translations of candidates' statements in the voters pamphlet.
25 SECTION 3. PAYMENT. The candidate shall be required to
pay for the cost of printing the candidate's statement in
28 English; the candidate shall be required to pay, for the cost
of translating the candidate's statement into any foreign
27 language as specified in (b) above pursuant to State and/or
28
Resolution No. 95-104
Page 2
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
3 candidates' statements filed pursuant to this section,
including costs incurred as a result of complying with the
4 Voting Rights Act of 1965 (amended), and require each candidate
filing a statement to pay in advance to the local agency his
5 or her estimated pro rata share as a condition of having his
or her statement 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
7 to another election and may be significantly more or less than
the estimate, depending on the actual number of candidates
8 filing statements. Accordingly, the Office of the City Clerk
is not bound by the estimate and may, on a pro rata basis, bill
9 the candidate for additional actual expense or refund any
excess paid depending on the final actual cost. In the event
]0 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.
~3 SECTION 4. ADDITIONAL MATERIALS. No candidate will
be permitted to include additional materials in the sample
]4 ballot package.
~5 SECTION 5. That the Office of the City Clerk shall
provide each candidate or the candidate's representative a copy
]6 of this resolution at the time nominating petitions are issued.
]7 SECTION 6. That all previous resolutions establishing
City Council policy on payment for candidates' statements are
~8 repealed.
~9 SECTION 7. That this resolution shall apply only to.the
election to be held on March 26, 1996, and shall then be
20 repealed.
2] SECTION 8. That the Office of the City Clerk shall
certify to the passage and adoption of this resolution and
22 enter it into the book of original Resolutions.
23 PASSED AND ADOPTED at a regular meeting of the City
24 Council held on the 6th day of November, 1995.
28 p~~_E~LA STOKER~~,.~
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF TUSTIN )
RESOLUTION NO. 95-104
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 6th day of November, 1995, by the following vote:
COUNCILMEMBER AYES: Worley, Thomas
COUNCILMEMBER NOES: Doyle
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: Potts, Saltarelli
P~el a 'S~to3[er, CC~ty Clerk