HomeMy WebLinkAbout82-177 REL:adg
12/8/82
Rev. 12/22/82
RESOLUTION NO. 82-177
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 1983 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 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 1983 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 organiza~ions~
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 Such statement may be withdrawn, but not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.
RESOLUTION NO. 82-177
PAGE TWO
SECTION 3: That, promptly following the last day on
which candidate's 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 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 4: 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 20th day of December , 1982.
ATTEST:
COUNCILMEMBERS:
Bricken Aye
Luxembourger Ay~
Acosta Aye
Serrato Aye
Griset AyE
Markel Aye
McGuigan Aye
APPROVED AS TO FORM:
Edward J~ ~C6~_~ City Attorney