HomeMy WebLinkAboutRES 95-32RESOLUTION NO. 95- 32
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 71 1995
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 an
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 7, 1995 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 The statement may be withdrawn, but not changed, during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 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 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
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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 candidates statements filed
pursuant to this section, including costs incurred as a result of
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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 number 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 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 underpayment, the
clerk may require the candidate to pay the balance of the cost
incurred. In the vent 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 7, 1995 and shall then be
repealed.
SECTION S. 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 Juni- 2n., 1995.
La
MAYOR '
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 20th day of Juno ,
1995, by the following vote:
AYES: COUNCIL MEMBERS: Ansari, Harmony, MPT/Werner
and M/Papers —'
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
4LyvlldaBurges, �i y Clerk
City of Di.&Wond Bir