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11/13/80
RESOLUTION NO. 80-208
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA ADOPTING REGULATIONS
FOR CANDIDATES FOR ELECTIVE OFFICE,
PERTAINING TO MATERIALS SUBMITTED TO
THE ELECTORATE AND THE COSTS THEREOF
FOR THE 1981 GENERAL MUNICIPAL ELECTION
WHEREAS, Section 10012 of the Elections Code of
the State of California authorizes the governing body of any
local agency to adopt regulations pertaining to materials
prepared by any candidate for a municipal election,
including costs thereof; and
WHEREAS, it is the opinion of the Attorney General
of the State of California (No. CV 76/5, May 6, 1976) that a
candidate may not be billed for the additional cost of
preparing candidates' statements in Spanish if such were not
requested by the candidate but were required solely by
reason of recent amendments to the Federal Voting Rights Act
of 1965 (Public Law 94-73, August 6, 1975);
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SANTA ANA:
SECTION 1: That pursuant to Section 10012 of the
Elections Code of the State of California, each candidate
for elective office to be voted for the 1981 General
Municipal Election may prepare a candidate's statement on an
appropriate form provided by the Clerk of the Council. Such
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. Such statement
shall not include party affiliation of the candidate, nor
membership or activity in partisan political organizations.
Such statement shall be filed in the office of the Clerk of
the Council at the time when the candidate's nomination
papers are filed. Such statement may be withdrawn, but not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: That in compliance with the
amendments to the Federal Voting Rights Act of 1965 (Public
Law 94-73, August 6, 1975) the Clerk of the Council shall
provide a Spanish translation of the candidate's statement
to each voter who has requested Spanish translations and be
made available to anyone requesting the translations.
SECTION 3: That the Clerk of the Council shall
send to each voter with the sample ballot, a voter's
pamphlet which contains the statement of each candidate in
English and Spanish pursuant to law.
SECTION 4: That, promptly following the last day
on which candidates' statements may be filed, the Clerk of
the Council shall estimate the total cost of printing,
handling, and mailing the candidates' statements (but not
including the cost of printing of Spanish translation) and
shall determine the pro rata share of each candidate filing
a statement based upon such estimate. The payment in
RESOLUTION NO. 80- 208
PAGE TWO
advance by each such candidate of his or her pro rata share
shall be a condition of having his or her statement included
in the voter's pamphlet. Prior to the period in which
candidates' statements may be filed the Clerk of the Council
shall determine a reasonable deadline date for the payment
of such pro rata share amount as necessary for timely
preparation of the voters' pamphlet, and shall inform each
candidate of the requirement to make such payment prior to
such date at the time of filing of the statement. The Clerk
of the Council may accept deposits at the time of filing to
cover the estimated cost of the candidates pro rata share
subject to refund of any amount by which the deposit exceeds
the pro rata share as finally determined.
SECTION 5: That 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.
ADOPTED this 17th day of November
by the following vote:
, 1980,
AYES: COUNCILMEN:
NOES: COUNCILMEN:
Bricken, Griset, Luxembourger, Markel,
Serrato, Ward, Yamamoto
None
ABSENT: COUNCILMEN: None
ATTEST:
APPROVED AS TO FORM:
CITY ATTORNEY