HomeMy WebLinkAboutCC RESO 2004 - 101RESOLUTION NO. 2004 — 101
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
ADOPTING REGULATIONS FOR CANDIDATES FOR
ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS
SUBMITTED TO THE VOTERS AT AN ELECTION TO BE
HELD ON TUESDAY, NOVEMBER 2, 2004
WHEREAS, Section 13307 of the Elections Code of the State of
California provides that the goveming body of any local agency adopt regulations
pertaining to materials prepared by any candidate for a municipal election, including
costs of the candidates' statements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY DOES RESOLVE 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 National City, California on Tuesday,
November 2, 2004, 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statement may be withdrawn, but not changed, during the period for filing nomination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.
b. Pursuant to the Voting Rights Act of 1965 (as amended) the City is
required to translate candidates' statements into the following languages in. addition to
English: Spanish.
c. The City Clerk shall have all candidates' statements translated into
the language specified in (b) above.
Section 3. PAYMENT. The candidate shall be required to pay for the cost of
printing the candidate's statement in a foreign language. 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 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 City 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 City Clerk may require the
candidate to pay the balance of the cost incurred. In the event of overpayment, the City
Clerk shall pro -rate 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. The City Clerk shall provide each candidate or the candidate's
representative with a copy of this Resolution at the time nominating petitions are issued.
Section 6. All previous resolutions establishing Council Policy on payment for
candidates' statements are repealed.
Section 7. This Resolution shall apply only to the election to be held on
November 2, 2004, and shall then be repealed.
Section 8. The City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this 15th day of June 2004.
(t
Nidf Inzunza, Mayor
ATTEST:
Mich el R. Dalla, ity Clerk
APPROVED AS TO FROM:
•
George H. Eiser, III
City Attorney