HomeMy WebLinkAbout2014-034 - Establishing a System for Candidates Whose Statements Are Submitted to the ElectorateRESOLUTION NO. 2014 -034
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 2014 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 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,
which is $1,487. 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 as prescribed by the California Elections
Code.
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
Resolution No. 2014 -034
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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.
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 17th day of June, 2014.
APPROVED AS TO FORM:
By: 2404 ,44
Sonia R. Carvalho,
City Attorney
AYES: Councilmembers: Amezcua Benavides Martinez Re na Pulido
Sarmiento U
NOES: Councilmembers: None (0)
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Councilmembers: Tinajero (1)
Resolution No, 2014 -034
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Resolution No. 2014 -034 to be the original resolution adopted by the City
Council of the City of Santa Ana on June 17, 2014.
Date: fP -2 3f .�0/�
Maria D. Huizar,
Clerk of the Council
Resolution No. 2014 -034
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