HomeMy WebLinkAboutRES 97-48RESOLUTION NO. 97- 48
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
TUESDAY, NOVEMBER 4, 1997
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 4, 1997 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 The statement may be withdrawn, but not changed, during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
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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 candidates
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 ,ity 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 statement in 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
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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 statement
are repealed.
SECTION 7. That this resolution shall only apply to
the election to be held on November 4, 1997 and shall then be
repealed.
SECTION 8. That the City Clerk shall certify to the
passage and adoption of this resolution and enter it into the
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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 June 17, 1997
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MAYOR PRO TEM
I, LYNDA BURGESS, City Clerk of the City of Diamond
Bar, do hereby certify that the foregoing Resolution was passed,
approved and adopted at a regular meeting of the City Council of
the City of Diamond Bar held on the 17th day of June
1997 by the following vote:
AYES: COUNCIL MEMBERS: Ansar_i, Harmony, Werner, MPT/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: M/Huff
ABSTAINED: COUNCIL MEMBERS: None
Lynd' Burgess, City Clerk
City of Diamond Bar
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