HomeMy WebLinkAbout2019-059 - Special Election November 5, 2019 RESOLUTION NO. 2019-059
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ADOPTING A REGULATION FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATE STATEMENTS SUBMITTED TO THE
VOTERS AT A SPECIAL ELECTION TUESDAY
NOVEMBER 5, 2019 AND ESTABLISHING A SYSTEM
FOR CANDIDATES WHOSE STATEMENTS ARE
SUBMITTED TO THE ELECTORATE IN THE SPECIAL
MUNICIPAL ELECTION ON NOVEMBER 5, 2019 TO PAY
THE PRO RATA SHARE OF THE COST OF INCLUSION
OF THEIR STATEMENT IN VOTER PAMPHLETS AND/OR
ELECTRONIC COPY
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 statement.
WHEREAS, Section 13307(d) of the Elections Code of the State of California
authorizes the governing body of any local agency to require each candidate filing a
candidate's 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
or electronically distributed.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
That pursuant to Section 13307 of the Elections Code of the State of California,
each candidate for elective office to be voted for at a special election to be held in the
City of Santa Ana on November 5, 2019 may prepare a candidate statement on an
appropriate form provided by the City Clerk and in compliance with the requirements of
the Elections Code for the State of California.
Section 2. Foreign Language Policy. Pursuant to the Federal Voting Rights Act,
candidate statements will be translated into all languages required by the County of
Orange.
Section 3. Payment.
A. The Orange County Registrar of Voters Office has estimated the total cost of
translating, posting an electronic copy on the Registrar of Voters website,
Resolution No. 2019-059
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printing, handling, and/or mailing the candidates' statements and has
determined the approximate cost of the pro rata share of each candidate filing
a statement, based upon such estimate, as follows:
Print in voter's pamphlet and electronic copy of Candidate Statement in
Registrar of Voter's Office website in English, Spanish, Vietnamese,
Korean and Chinese:
• 200 Words $1,440.00
Electronic copy of Candidate Statement in Registrar of Voter's Office
website in English, Spanish, Vietnamese, Korean and Chinese:
• 200 Words $319.41
B. Payment in advance by each such candidate of his or her prorated share of
the candidate statement costs shall be a condition of having his or her
statement included in the voter's pamphlet, and/or electronic posting.
Section 4. Notice of Requirement to Pay Candidate Statement Costs;
Obligation to Pay Actual Costs.
A. Prior to the period in which candidates' statements may be filed, the Clerk of
the Council shall prepare a written notice distributed to all candidates at the
time of issuance of the nomination papers, informing them that payment of
the pro rata share amount must be made at the same time as the candidate's
nomination papers are filed, as prescribed by the California Elections Code.
B. The Clerk of the Council's receipt for the payment shall include a written
notice that 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 of the Council shall not be bound by the
estimate and shall, as applicable, on a pro rata basis, bill the candidate for the
additional necessary to cover the actual expense or refund any excess
monies paid by the candidate, depending on the final actual cost. In the event
of underpayment, the Clerk of the Council shall require the candidate to pay
the balance of the cost incurred. In the event of overpayment, the Clerk of the
Council shall prorate the excess amount among the candidates and refund
the excess amount paid within 30 days of the election.
Section 5. The Clerk of the Council shall provide each candidate or the
candidate's representative a copy of this Resolution at the time when nominating
petitions are issued by the Clerk.
Section 6. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
Resolution No. 2019-059
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ADOPTED this 2nd day of July, 2019.
guel Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By cd..tLrtaL A . 2giwxw
•
Laura A. Rossini
Senior Assistant City Attorney
AYES: Councilmembers Iglesias, Penaloza, Pulido, Solorio, Villegas (5)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers Sarmiento (1)
* Ward 4 representative vacant.
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2019-059 to be the original resolution adopted by the City
Council of the City of Santa Ana on July 2, 2019.
Date: ye .,
o2O/9 ( M
U Norma Mitre
Acting Clerk of the Council
City of Santa Ana
Resolution No. 2019-059
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