HomeMy WebLinkAbout2020-013 - Candidates for Elective OfficeRESOLUTION NO. 2020-013
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 MAY 19,2020 AND
ESTABLISHING A SYSTEM FOR CANDIDATES WHOSE
STATEMENTS ARE SUBMITTED TO THE ELECTORATE IN
THE SPECIAL MUNICIPAL ELECTION ON MAY 19,2020 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 special 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 May 19, 2020 may prepare a candidate statement on an appropriate
form provided by the Clerk of Council 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.
Resolution No. 2020-013
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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,
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 $1,400.29
• 400 Words $2,601.10
Electronic copy of Candidate Statement in Registrar of Voter's Office
website in English, Spanish, Vietnamese, Korean and Chinese:
• 200 Words $324.48
• 400 Words $449.48
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.
Resolution No. 2020-013
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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.
ADOPTED this 18th day of February, 2020.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By U D m& A - R(9%, t ry �
Laura A. Rossini
Senior Assistant City Attorney
AYES: Councilmembers Bacerra, Penaloza, Sarmiento, Solorio (4)
NOES: Councilmembers Iglesias, Pulido, Villegas (3)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers
Resolution No. 2020-013
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CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2020-013 to be the original resolution adopted by the City Council of the
City of Santa Ana on February 18 2020.
Date: 02 aaa--0
N (W
Daisy Gomez
Clerk of the Council
City of Santa Ana
Resolution No. 2020-013
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