HomeMy WebLinkAboutCC Res 5735 2008-06-09
RESOLUTION NUMBER 5735
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH, 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 4,
2008.
WHEREAS, 913307 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 candidates statement;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL
BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE
AND ORDER AS FOLLOWS:
SECTION 1. GENERAL PROVISIONS. That pursuant to 913307 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 Seal Beach on November 4,
2008 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. 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
and submitted on a computer, disk in the office of the City Clerk at the time the
candidate's nomination papers are filed. The statement may be withdrawn, but I
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. Filing period: July
14th through August 8th, 2008.
SECTION 2: FOREIGN LANGUAGE POLICY.
A. Pursuant to the Federal Voting Rights Act, the City is required to
translate candidates' statements into the following languages in
addition to English: Spanish, Chinese, Korean, and Vietnamese.
B. The Orange County Registrar of Voters shall have all candidates'
statements translated into the official languages specified in Section
2.A; and these translations shall be made available upon request in the
office of the City Clerk.
SECTION 3: PAYMENT.
A. The candidate shall be required to pay for the cost of printing the
candidate's statement and for translating the candidates' statements
into all of the foreign languages as specified in Section 2.B pursuant to
State and/or Federal law. '
B.
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The candidate shall be required to pay additional related charges if
requested by the candidate that any other foreign language translation
be printed in the voter's pamphlet.
C. 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 City the estimated pro rata
share as a condition of having the statement included in the voter's
Resolution Number 5735
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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 City 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 within 30 days of the election. The General Municipal
Election (November 4, 2008) is consolidated with the County of
Orange and the OC Registrar of Voters office will determine the final
cost for each city participating in the election.
D.
The comprehensive fee schedule will be amended to include the
candidate's filing fee of $25.00 (non-refundable).
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. That this resolution shall apply only to the election to be held on
November 4, 2008 and shall then be repealed.
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.
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PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal
Beach on the 9th day of June. 2008 by the following vote:
AYES: Council Members~tlJa,M, "lYJJ.4/~~ A
NOES: Council Members ~
ABSENT: Council Members ~
ABSTAIN: Council Members ~1h:L1t'
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STATE OF CALIFORNIA }
COUt';JTY OF ORANGE } SS
CITY OF SEAL BEACH }
AlT~ST: L
~A _~
Ci y Clerk
I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 5735 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 regular meeting thereof held on the 9th day
of June , 2008.
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Ci Clerk