HomeMy WebLinkAboutRES 93-45RESOLUTION NO. 93-45
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,
1993
WHEREAS, Section 10012 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
10012 of the Election 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, 1993 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
J" 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may be withdrawn, but not changed, during the period for filing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.
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 have translated and printed in the
voters pamphlet only the candidates statements of those
candidates who request translation and printing.
SECTION 3. ADDITIONAL MATERIALS. No candidate will be
permitted to include additional materials in the sample ballot
package.
SECTION 4. PAYMENT. The candidate shall be required to pay
for the cost of translating and printing of the candidates
statements into a foreign language pursuant to State or Federal
Law. 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 S. 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 15th day of June,
1993.
i
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 15th day of June , 1993, by the
following vote:
AYES: COUNCILMEMBERS: MacBride, Forbing, Werner,
MPT/Papen, M/Miller
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: None
ATTEST
City lerk of the C ty
of Diamond Bar