HomeMy WebLinkAboutRES 2003-321
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RESOLUTION NO. 2003- 32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, ADOPTING REGULATIONS FOR CANDI ATES
FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS
SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HED ON
TUESDAY, NOVEMBER 4 2003.
WHEREAS, §13307 of the Elections Code of the State of Californk provides that
the governing body of any local agency adopt regulations pertainin to materials
prepared by any candidate for a municipal election, including costs of t le candidates
statement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DI MOND OAR,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AN ORDET AS
FOLLOWS:
SECTION 1. GENERAL PROVISIONS. That pursuant to § 13307 ol the
Elections Code of the State of California, each candidate for elective office to be oted
for at an Election to be held in the City of Diamond Bar on November 4, 2003 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 organizat ons.
The statement shall be filed in typewritten form in the office of the City Cle rk at the time
the candidate's nomination papers are filed. The statement may be with yawn, bu 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 Voting Rights Act, the city may be requirep to trai
candidates statements into the following languages: Spaish, Chi
Japanese, Korean, Tagalog, Vietnamese.
b. Pursuant to state law, the candidate's statement must be t anslated and
printed (in the voters pamphlet) in any language at th candid tes
request.
C. The City Clerk shall print any translations of candidates wo so
printing in the voters pamphlet.
SECTION 3. PAYMENT.
a. The candidate shall be required to pay for the cost of printing I the
candidates statement in English in the voters pamphlet.
b. The candidate shall be required to pay for the cost of tr nslating I the
candidates statement into any required foreign language a specifi in
(a) and/or (b) above pursuant to State and/or Federal law.
2003-3
C. The candidate shall be required to pay for the cost of printing the
candidates statement in a foreign language in the voters pamphlet.
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.
PASSED, APPROVED AND ADOPTED N June 7, 2003.
Carol Herrera, Mayor
ATTEST:
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Linda d. Lowry, tity Cier
2003-32
I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby cerl ify that tt e
foregoing Resolution was passed, adopted and approved at a regular meeting of the
City Council of the City of Diamond Bar held on the 17th day of June, 200 , by the
following vote:
AYES: COUNCIL MEMBERS: Chang, O'Connor, zirbe , MPT/ uff
M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ATTEST:
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Linda C. Lowry, City�rk f the
City of Diamond Bar
2003-32