HomeMy WebLinkAbout2008-56 - Candidates for Elective OfficeRESOLUTION NO. 2008-56
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 4, 2008
WHEREAS, § 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 §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 November 4, 2008 may prepare a candidates statement
on an appropriate form provided by the City Clerk. The statement may include the name 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 type written form, as well as in electronic format, 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 The statement may be withdrawn, but not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 the Federal Voting Rights Act, the City is required to translate candidate
statements into the following languages: Spanish and Chinese.
B. Pursuant to state law, the candidates statement must be translated and printed in the
voters pamphlet in any language at the candidate's request.
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C. The City Clerk shall:
1. Have all candidates statements translated into the languages specified in (A)
above and may have translated those statements into the languages requested by
the candidate in (B) above.
2. Have all translations made available upon request in the office of the City Clerk.
SECTION 3. Payment.
A. Translations
1. The candidate shall be required to pay for the cost of translating the candidates
statement into any required foreign language as specified in (A) and (B) of
Section 2 above pursuant to state law and /or federal law.
2. The candidate shall be required to pay for the cost of translating the candidates
statement into any foreign language that is not required as specified in (A) and (B)
of Section 2 above pursuant to state and federal law, but is requested as an option
by the candidate.
B. Printing
1. The candidate shall be required to pay for the cost of printing the candidates
statement in a foreign language required by (A) of Section 2 above, in the
facsimile voter pamphlet.
The City Clerk shall estimate the total cost of printing, handling, translating and mailing the
candidates 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 voters' 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 thirty (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 S. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTE4 s 24" day o#Ju'1y, 2008.
ATTEST:
C6t
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CITY CLERK
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MAYOR
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2008 -56 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the
24th day of June 2008, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Rosansky, Daigle, Webb, Curry, Gardner, Mayor Selich
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 25th day of June 2008.
(Seal)
City Clerk
Newport Beach, California