HomeMy WebLinkAboutRES 99-39RESOLUTION NO. 99-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, 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 2, 1999
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 DIAMOND BAR,
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 Diamond Bar on November 2, 1999 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 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 The statement may be withdrawn, but not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,
Vietnamese, Chinese, Japanese, Tagalog.
C. The City Clerk shall print any foreign language translations of
candidates who request printing in the voters pamphlet.
SECTION 3. PAYMENT.
1. 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 statement 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 statements into 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.
PASSED, APPROVED AND ADOPTED on this 1st day of June, 1999.
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that
the foregoing Resolution was passed, adopted and approved at a regular meeting of
the City Council of the City of Diamond Bar held on the 1st day of June , 1999, by the
following vote:
AYES: COUNCIL MEMBERS: Ansari, Herrera, Huff, M/Chang
NOES: COUNCIL MEMBERS: MPT/O'Connor
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS:
ATTEST
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