HomeMy WebLinkAbout96-48 - Candidate Statements for Elected OfficeRESOLUTION NO. 96-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADOPTING
REGULATIONS FOR CANDIDATES FOR ELECTIVE
OFFICE PERTAINING TO CANDIDATES STATEMENTS
SUBMITTED TO THE VOTERS AT AN ELECTION TO BE
HELD ON TUESDAY, NOVEMBER 5, 1996
• WHEREAS, Section 13307 of the Elections Code of the State of California
provides that the governing body of any local agency adopt regulations pertaining to materials
prepared by any candidate for a municipal election, including costs of the candidates statement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE,
DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. GENERAL PROVISIONS. That pursuant to Section 13307 of the
Elections Code of the State of California, each candidate for elective office to be voted for at an
Election to be held in the City of Newport Beach on Tuesday, November 5, 1996, may prepare a
candidate's statement on an appropriate form provided by the City Clerk. The statement may
include the name, age and occupation of the candidate and a brief description of no more than 200
words of the candidate's education and qualifications expressed by the candidate himself or
herself. The statement shall not include party affiliation of the candidate, nor membership or
activity in partisan political organizations. The statement shall be filed in typewritten form in the
office of the City Clerk at the time the candidate's nomination papers are filed. The 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may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00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. FOREIGN LANGUAGE POLICY.
a. Pursuant to state law, the candidates statement must be translated and printed
in Spanish at the candidate's request.
b. Pursuant to the Voting Rights Act, the city is required to translate candidates
statements into the following languages in addition to English: Spanish and
Vietnamese.
0 c. The City Clerk shall:
1. Have all candidates statements translated into the languages specified in
(b) above.
2. Have all translations made available upon request in the office of the
Orange County Registrar- Recorder.
Print any foreign language translations of candidates who request
printing in the voters pamphlet.
SECTION 3. PAYMENT.
The candidate shall be required to pay for the cost of printing the candidates
statement in English.
• 2. The candidate shall be required to pay for the cost of translating the candidates
statements into any foreign language as specified in (a) and /or (b) above
pursuant to State and/or Federal law.
•
3. The candidate shall be required to pay for the cost of printing the candidates
statement in a foreign language. The city clerk shall estimate the total cost of
printing, handling, translating, and mailing the candidate's statements filed
pursuant to this section, including costs incurred as a result of complying with
the Voting Rights Act of 1965 (as amended), and 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. In the event the estimated payment is required, 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 is not
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 may require the candidate
to pay the balance of the cost incurred. In the event of overpayment, the clerk
shall prorate the excess amount among the candidates and refund the excess
amount paid within 30 days of the election.
SECTION 4. ADDITIONAL MATERIALS. No candidate will be permitted to
include additional materials in the sample ballot package.
SECTION 5. That the City Clerk shall provide each candidate or the candidate's
representative a copy of this Resolution at the time nominating petitions are issued.
SECTION 6. That all previous resolutions establishing council policy on payment
for candidates statements are repealed.
SECTION 7. That this resolution shall apply at the next ensuing municipal
election and at each municipal election after that time.
SECTION 8. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
City Clerk
D ADOPTED this 8th day of July, 1996.
Mayor