Resolution Number 04-06-01-03RESOLUTION NO. 04-06-01-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES
STATEMENT SUBMITTED TO THE VOTERS AT ELECTIONS TO BE
HELD ON TUESDAY, NOVEMBER 2,2004
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's statement.
NOW, THEREFORE, BE IT RESOLVED,
SECTION 1. General Provisions: That pursuant to Section 13307 of the
Elections Code of the State of California, each candidate for elective office to be voted
for at an election to be hold in the City of San Juan Capistrano on November 2, 2004
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 an electronic format approved by the City Clerk, 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statement may be withdrawn, but not changed, during the period for filing nomination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 the Voting Rights Act, the
City is required to translate candidates' statements into various languages b) Pursuant
to state law, the candidate's statement must be translated and printed in the voter's
pamphlet in any language at the candidates' request; and c) The City Clerk shall:
1 . Have all candidates statements translated into languages, as
required by the Orange County Registrar of Voters; and
2. Have all translations made available upon request in the office of
the City Clerk,
SECTION 3. Payment: The City Clerk shall estimate the total cost of printing,
handling, translating, and mailing the candidates 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 a 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. The estimated payment is just an
approximation of the actual cost that varies from one election to another election any
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 an underpayment, the
clerk may 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 30 days of receiving an invoice for the costs from
the Orange County Registrar of Voters.
SECTION 4. Additional Materials: No candidate will be permitted in include
additional materials in the sample ballot package.
SECTION 5. 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, including Resolution No. 02-06-18-03,
establishing Council policy on payment for candidates' statements are repealed.
SECTION 7. That this resolution shall apply at the next ensuing municipal
election and at each municipal election after that time.
SECTION 8. That the City clerk shall certify to the passage and adoption of this
resolution
PASSED, APPROVED AND
ATTEST:
JOE
R. MONAHAN, CITY CLERK
2
ON I -V17 IDAY OF JUNE 2004.
E
STATE OF CALIFORNIA
COUNTY OF ORANGE )ss.
CITY OF SAN JUAN CAPISTRANO
1, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing Resolution No. 04-06-01-03 was duly adopted by the City
Council of the City of San Juan Capistrano at a regular meeting thereof, held the 1st day of
June 2004, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
Allevato, Bathgate, Swerdlin,
None
Hart and Mayor Soto