Resolution Number 24-06-04-051 6/4/2024
RESOLUTION NO. 24-06-04-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES’
STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE
HELD ON TUESDAY, NOVEMBER 5, 2024
WHEREAS, Section 13307 of the California Elections Code 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 SAN JUAN
CAPISTRANO, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE
AND ORDER AS FOLLOWS:
SECTION 1. GENERAL PROVISIONS. That pursuant to Sections 13307 and
13308 of the California Elections Code, each candidate for elective office to be voted for
at the General Municipal Election to be held in the City of San Juan Capistrano on
November 5, 2024, 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 themselves. The statement shall not
include party affiliation of the candidate, nor membership or activity in partisan political
organizations. In addition, the statement shall be limited to a recitation of the candidate’s
own personal background and qualifications and shall not in any way make reference to
other candidates for that office or to another candidate’s qualifications, character, or
activities. 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. Except as provided in Section
13309 of the California Election Code, the candidate's statement may be withdrawn, but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. That the County of Orange must translate all candidate’s statements
into Chinese, Korean, Spanish, and Vietnamese pursuant to Section
203 of the federal Voting Rights Act of 1965 (as amended) (42 U.S.C.
§ 1973 et seq.), as enforced by the United States Department of
Justice, and state law.
B. That the County of Orange will print and mail separate voter
information guides and candidate's statements in Chinese, Korean,
Spanish, and 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 of Orange will make the voter information
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guides and candidates statements in the required languages
available at all polling places, vote centers, on the County of
Orange’s website, in the Office of the Orange County Registrar-
Recorder/County Clerk, and in the Office of the City Clerk of the City
of San Juan Capistrano.
SECTION 3. PAYMENT.
A. Translations
1. That each candidate shall be required to pay for the cost of
translating the candidate's statement into the required foreign
languages as specified in Subsection A of Section 2 above,
pursuant to the federal Voting Rights Act of 1965 (as
amended) and/or state law.
2. That each candidate shall be required to pay for the cost of
translating the candidate's statement into any foreign
language requested by the candidate that is not required as
specified in Subsection A of Section 2 above pursuant to the
federal Voting Rights Act of 1965 (as amended) and/or state
law.
B. Printing
1. That each candidate shall be required to pay for the cost of
printing the candidate's statement in English in the main voter
information guide.
2. That each candidate shall be required to pay for the cost of
printing the candidate's statement in the required foreign
languages as specified in Subsection A of Section 2 above,
pursuant to the federal Voting Rights Act of 1965 (as
amended) and/or state law, in the main voter pamphlet.
3. That each candidate shall be required to pay for the cost of
printing the candidate's statement in any foreign language
requested by the candidate that is not required as specified in
Subsection A of Section 2 above pursuant to the federal
Voting Rights Act of 1965 (as amended) and/or state law, in
the main voter pamphlet.
C. That the Orange County Registrar-Recorder/County Clerk shall
provide the City Clerk with estimate the total cost of printing,
handling, translating, and mailing the candidate's statements filed
pursuant to the Elections Code, including costs incurred as a result
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of complying with the federal Voting Rights Act of 1965 (as
amended), and the City Clerk shall require each candidate filing a
candidate’s statement to pay in advance to the City of San Juan
Capistrano an amount equaling their estimated pro rata share as a
condition of having their statement included in the main voter
pamphlet. In the event an advance payment is required, the
estimation of the advance payment will be an approximation of the
actual cost, which approximation 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 Clerk is not bound by the estimate and may, on
a pro rata basis, bill each candidate for additional actual expense or
refund any excess amount paid depending on the final actual cost.
In the event of underpayment, the City Clerk may require the
candidate to pay the balance of the cost incurred within thirty (30)
calendar days of the date of the invoice. In the event of overpayment,
the City Clerk shall prorate the excess amount among the candidates
and refund the excess amount paid within thirty (30) calendar days
of the General Municipal Election to be held on November 5, 2024.
SECTION 4. MISCELLANEOUS
A. That all translations shall be provided by professionally-certified
translators as set forth in Elections Code 13307(b).
B. That candidate's statement shall comply with the formatting and
submission guidelines provided by the City Clerk and the Orange
County Registrar-Recorder/County Clerk.
C. That the City Clerk shall comply with all recommendations and
standards set forth by the California Secretary of State regarding
occupational designations and other matters relating to elections.
SECTION 5. ADDITIONAL MATERIALS. No candidate shall 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 with 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's statements are hereby repealed.
SECTION 8. That this resolution shall apply at the next ensuing municipal election
and at each municipal election after that time.
SECTION 9. That the City Clerk shall certify to the passage and adoption of this
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Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED on the 6th day of June 2024.
____________________________________
SERGIO FARIAS, MAYOR
ATTEST:
______________________________
CHRISTY JAKL, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, Christy Jakl, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 24-06-04-05 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 4th
day of June 2024, by the following vote:
AYES: COUNCIL MEMBERS: Hart, Taylor, Campbell, Bourne and Mayor Farias
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
____________________________
CHRISTY JAKL, CITY CLERK