HomeMy WebLinkAboutCity Council - 2006-28 RESOLUTION NO. 2006-28
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON 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 7, 2006
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 candidate's statement,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON
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 beheld in
the City of Huntington Beach on November 7, 2006 may prepare a candidate's 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 occupation, 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 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 The statement may be withdrawn, but not changed,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 PolicX. Pursuant to the Federal Voting Rights Act, the City
is required to translate candidates' statements into the following languages: Spanish, Chinese,
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Korean and Vietnamese. The City Clerk shall have all candidates' statements translated into the
languages specified above, and print all translations of all candidates' statements in the voters'
pamphlet.
Section 3: Payment.
A. Translations. The candidate shall be required to pay for the cost of translating
the candidate's statement into any required foreign language as specified in Section 2 above
pursuant to state and federal Iaw. The candidate shall be required to pay for the cost of
translating the candidate's statement into any foreign language that is not required as specified in
Section 2 above pursuant to state and federal law, but is requested as an option by the candidate.
B. Printing. The candidate shall be required to pay for the cost of printing the
candidate's statement in the voters' pamphlet in all required languages pursuant to state and
federal and/or state law. The City Clerk shall estimate the total cost or 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
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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: Notice To Candidates. 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: Previous Resolutions Repealed. That all previous resolutions establishing City
Council policy on payment for candidates' statements are hereby repealed.
Section 7: Application To Ensuing Elections. That this Resolution shall apply at the next
ensuing municipal election and at each municipal election thereafter.
Section 8: Certification. That 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 on by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 1 9 tYday of June , 2006.
Mayor
REVIEWED AND APPROVED: APPROVED AS TO FORM:
ity AdmAiistrator it Attorney �--
G�Izlob
INITIATED AND APPROVED:
Cit lerk
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STATE OF CALIFORNIA
'COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City,
do hereby certify that the whole number of members of the City Council of the
City of Huntington Beach is seven; that the foregoing resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of
said City Council at an regular meeting thereof held on the 19th day of
June, 2006 by the following vote:
AYES: Bohr, Green, Sullivan, Hardy, Hansen, Cook
NOES: None
ABSENT: Coerper _
ABSTAIN: None
F
Cit lerk and ex-officio &erk of the
City Council of the City of
Huntington Beach, California
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