HomeMy WebLinkAbout1993-11-09 - AGENDA REPORTS - RESO 93 158 (2)AGENDA REPORT
CONSENT CALENDAR
DATE: November 9, 1993
City Manager
Item to be
SUBJECT: SETTING FORTH REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICES
PERTAINING TO CANDIDATE STATEMENTS - RESOLUTION NO. 93-158
DEPARTMENT: City Clerk
BACKGROUND
The Elections Code allows each candidate for a non-partisan elective office to prepare a statement
to be Included with the sample ballot and mailed to each registered voter.
Elections Code Section 10012 allows the City Clerk to estimate the cost of Candidates` Statements
and requires each candidate filing a statement to pay, in advance to the City, his or her pro -rata
share as a condition of having his or her statement Included in the voters pamphlet.
The Code also requires a refund of any unused deposit within 30 days afterthe election and allows
the Clerk to bill the candidate for the balance of the cost in the event of underpayment. The cost
for the April 12,1994 election will be $850.00 per candidate. For the language translations the cost
Is $110.00 plus the cost of the English.
The Candidate Statements shall be filed in the office of the City Clerk when nomination papers are
returned for filing.
RECOMMENDATION
Adopt Resolution No. 93-158
ATTACHMENT
Resolution No. 93-158
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RESOLUTION NO. 93-158
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, 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 Sate 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
statement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1: GENERAL PROVISIONS. That pursuant to Section 10012 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 Santa Clarita on April 12. 1994, 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 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 candidates 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 candidate's
statements into the following languages in addition to English: (choose, as
appropriate) (Spanish), (Vietnamese), (Chinese), Qapanese), (Tagalog).
c. The City Clerk shall:
1. have all candidate's statements translated into the languages specified in
(b) above.
2. have all translations made available upon request in the office of the City
Clerk.
3. print Spanish translations of candidates who request printing in the voters
pamphlet.
SECTION 3: PAYMENT.
1. The candidate shall be required to pay for the cost of printing the
candidate's statement in English.
2. 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.
3. The candidate shall be required to pay for the cost of printing the
candidate's statement in a foreign language.
The City Clerk shall estimate the total cost of printing, handling, translating, and mailing
the candidate's 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 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 included in the voter's, 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 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 overpayment, the clerk shall prorate
the excess amount among the candidates and refund the excess amount paid within 30
days of the election.
SECTION 4: ADDITIONAL MATERIALS. No candidate will be permitted to
include additional materials in the sample ballot package.
SECTION 5: 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 6: That all previous resolutions establishing Council policy on payment
for candidate statements are repealed.
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 City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED this day of 1993.
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF SANTA CLARITA )
I, Donna M. Grindey, City Clerk do HEREBY CERTIFY that the foregoing
Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular
meeting thereof, held on the day of 1993 by the following
vote of Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK
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