HomeMy WebLinkAbout2000-044 - 2000 General Election to Pay the Pro Rata Share of the Cost of Inclusion of the Statement259
RESOLUTION NO. 2000-044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ESTABLISHING A SYSTEM FOR
CANDIDATES WHOSE STATEMENTS ARE SUBMITTED
TO THE ELECTORATE IN THE 2000 GENERAL
ELECTION TO PAY THE PRO RATA SHARE OF THE
COST OF INCLUSION OF THE STATEMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOVVS:
Section 1. Findings. The City Council does hereby find, determine and declare
that Section 13307(c) of the Elections Code of the State of California authorizes the
governing body of any local agency to require each candidate filing a 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.
Section 2. That prior to the period in which candidate statements may be filed,
the Clerk of the Council shall estimate the total cost of printing, handling, translating, and
mailing the candidates' statements 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 rated 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 voter's 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'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 may, on a pro rata basis, bill the candidate for additional actual expense
or refund any excess paid depending on the final actual cost. In the event of
underpayment, the Clerk of the Council may 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 3. 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 by the Clerk.
Resolution No. 2000-044
Page 1 of 2
26O
ADOPTED this 19th day of June , 2000.
ATTEST:
Patna E. Healy
Clerk of the Council
Mig~~
COUNClLMEMBERS:
Pulido ~
Lutz Aye .
Bist Aye ...
Christy Aye
Franklin Aye
McGuigan Ave
Moreno Nqt Voting
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
~/Chi~Assistant Cit~ Attorney
CERTIFICATE OF ORIGINALITY
I, Patricia E. Healy, Clerk of the Council, do hereby certify the attached Resolution No.
2000-044 to be the original resolution adopted by the City Council of the City of Santa Aha
on June 19, 20.0.0.
~zClerk (~e Council ~ City of Santa Aha
Resolution No. 2000~044
Page 2 of 2