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HomeMy WebLinkAboutCC Res 5388 2005-10-24 RESOLUTION NUMBER 5388 I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT THE PRIMARY MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 28th, 2006, AND IF NECESSARY, AT A GENERAL (RUN-OFF) ELECTION ON MAY 9th, 2006. 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 SEAL BEACH DOES HEREBY RESOLVE, DECLARE AND ORDER AS FOLLOWS: I Section 1. Each candidate for elective office to be voted for at the Primary Municipal Election to be held in the City of Seal Beach on Tuesday, March 28th, 2006, 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 two hundred (200) words of the candidate's education and qualifications expressed by the candidate himself or herself. The Statement shaH 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 The Statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day '~er the close of the nomination period. Candidate statements shaH remain confidenti!ll until the expiration of the filing deadline. Section 2. FOREIGN LANGUAGE POLICY. The candidate's statement shall be translated and printed hi 'im~ requil'Cfd language at the candidates' request. . ,. .. , Section 3. P AmENT.' ~~i:rfe' candidate shaH be required to pay for the cost of printing the candidates'.statement in English in the voters pamphlet; the candidate shall be required to pay for the cost of translating the candidates statement into any required foreign language as specified above pursuant to State and/or Federal law; and the candidate shall be required to pay for the cost of printing the candidates statement in a foreign language in the voters pamphlet. I The City Clerk shaH estimate the total cost of printing, handling, translating, and mailing the candidate's staternents 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 staternent included in the voter's pamphlet. The estimate is only an approximation of the actual cost that varies from one election to another election and may be significantly more or l!"ss 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 expenses 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 thirty (30) days of the election. Section 4. ADDITIONAL MATERIALS. No candidate wiH be permitted to include additional materials in the sample ballot package. Resolution Number 5388 Section 5. The City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nominating petitions is issued. Section 6. All previous resolutions establishing Council policy on payment for candidates' statements are repealed. Section 7. That this Resolution shall apply only to the elections to be held on March 28th, 2006 and if a runoff is necessary, May 9th, 2006. Section 8. The City Clerk shall certify to the passage and adoption of this Resolution I and shall enter it in the book of original Resolutions of the City. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a meeting thereof held on the 24th day of October. 2005, by the following vote: ABSTAIN: Council Members {t/rz1:i1o ;/.,~f/.J/);l ~~ ~ Uh:t ~ rVl~ { I 11- Council Members f t 'yI/.n{ Council Members ~( Council Members ~ AYES: NOES: ABSENT: ~~ Mayor ATTEST: ~. VJt.4 1 Clerk ['iut,;/ I STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Linda Devine, City Clerk of the City of Seal Beach, Califomia, do hereby certify that the foregoing Resolution is the original copy of Resolution Number 5388 on file in the office of the City Clerk, passed, approved and adopted by the City Council of the City of Seal Beach at a meeting thereof held on the 24th day of October. 2005. ~.u~l Ci Clerk I