Resolution Number 94-6-21-6049
RESOLUTION NO. 94-6-21-6
REGULATING CANDIDATES' STATEMENTS -
NOVEMBER, 1994, 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 8, 1994
WHEREAS, Section 10012 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 L 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 San Juan Capistrano on November 8, 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 The statement may be withdrawn, but not changed,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. Minority LmLoaye Policy.
Pursuant to State law, the Candidate's Statement must be translated and printed in Spanish at
the candidate's request.
b. Pursuant to the Federal Voting Rights Act, the City is required to translate Candidate's
Statements into the Spanish and Vietnamese languages in addition to English.
C. The City Clerk shall:
1. Have all Candidates' Statements translated into Spanish and Vietnamese.
2. Print Spanish and Vietnamese translations of candidates who request printing in the
voters pamphlet.
SECTION 3. Payment.
a. The Candidate shall be required to pay for the cost of printing the Candidate's Statement in
English, Spanish and Vietnamese and providing such Statement to those who request their materials in a minority
language.
b. At his option, the Candidate may choose to have the minority language version of his Statement
printed in all voters pamphlets and provided to all voters; the Candidate shall be required to pay the additional costs
associated with such option.
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The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidates
statements Sled 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 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 pm 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.
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 candidates statements are
repealed.
SECTION 7.
after that time.
That this Resolution shall apply at the next ensuing municipal election and at each municipal election
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 21st day of June
1994.
ATTEST:
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LLE AMPB L, MAYOR
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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. 94-6-21-6 adopted by the City
Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 21st day of
June , 19947 by the following vote:
AYES: Council Members Jones, Hausdorfer, Nash, Vasquez and
Mayor Campbell
FI
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOHNS06V,CI CLERK
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