HomeMy WebLinkAbout2012-024 - Establishing a System for Candidates Whose Statements are Submitted to the Electorate in the 2012 General ElectionRESOLUTION NO. 2012-024
JS 6/6/12
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 2012 GENERAL ELECTION TO PAY
THE PRO RATA SHARE OF THE COST OF INCLUSION OF
THEIR STATEMENT IN VOTER PAMPHLETS
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 stater:,ent 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, which is
$1,699.00. The payment in advance by each such candidate of his or her
prorated 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 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 the candidate's
nomination papers are filed but no later than 5:00 pm August 10, 2012.
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 balance of the cost incurred. In the event of overpayment, the Clerk
Resolution No. 2012-024
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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.
Section 4. 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 181h day of June, 2012.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Sandoval,
hief Assistant City Attorney
AYES: Councilmembers: Alvarez, Bustamante. Pulido, Sarmiento. Tinaiero (5)
NOES: Councilmembers: None (0)
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Councilmembers: Benavides, Martinez (2)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached
Resolution No. 2012-024 to be the original resolution adopted by the City Council of the City
of Santa Ana on June 18, 2012.
Date: ?A/,)L'i 'Z-
Maria D. Huizar,
Clerk of the Council
Resolution No. 2012-024
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