HomeMy WebLinkAbout2004-040 - Establishing a System for Candidates Whose Statements are Submitted to the Electorate in the 2004 General Election
RESOLUTION NO. 2004-040
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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 2004 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
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. 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.
B.
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.
.
Section 2. The City Council hereby approves the process whereby:
A. 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.
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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
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
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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.
C. 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.
Section 2. 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 21st day of June 2004.
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By rriL \J ~rJ1c.
Michael Vigliotta
Deputy City Attorney
NOES: Councilmembers:
Alyarez, Bist. Christy. Franklin. Garcia. Pulido.
Solorio (7)
None (0)
None (0)
AYES: Councilmembers:
ABSENT: Council members:
ABSTAIN: Councilmembers:
None (0)
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2004-040 to be the original resolution adopted by the City
Council of the City of Santa Ana on June 21, 2004.
Date: ~?~y
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