Resolution Number 98-6-2-3RESOLUTION NO. 98-6-2-3
REGULATING CANDIDATES' STATEMENTS -
NOVEMBER 3,1998, GENERAL MUNICIPAL ELECTION
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 3, 1998
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, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
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 held in the City of San Juan Capistrano
on November 3, 1998, 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 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withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m., of the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.
SECTION 2. Foreign Language Policy.
a. Pursuant to State law, the Candidate's Statement must be translated and printed
in Spanish.
b. Pursuant to the Federal Voting Rights Act, the City is required to translate
Candidate's Statements into the following languages in addition to English: Spanish and Vietnamese
C. The City Clerk shall:
1. Have all Candidates' Statements translated into Spanish and Vietnamese.
2. Have all translations made available upon request.
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SECTION 3. Payment.
The City Clerk shall estimate the total cost of printing, handling, translating, and mailing
the candidates statements filed pursuantto 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 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 the additional actual expense or refund
any excess paid depending on the final actual cost. In the event of 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
the election.
package.
SECTION 4. Additional Materials.
No candidate will be permitted to include additional materials in the sample ballot
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 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 and enter
it into the book of original resolutions.
PASSED, APPROVED, AND ADOPTED this
, 1998.
GI JON ,MAYOR
ATTEST:
CITY CLERK
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day of
081
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO
HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No.
98-6-2-3 adopted by the City Council of the City of San Juan Capistrano, California, at
a regular meeting thereof held on the 2nd day of June 1998, bythe following
vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell
and Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JO O , CITY CLERK
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