RES-2006-163RESOLUTION NO. 2006 -163
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM,
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 7, 2006.
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
candidate's statement;
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF ANAHEIM,
CALIFORNIA DOES RESOLVE DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. 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 Anaheim on November 7, 2006 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 any 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 The statement may be withdrawn, but not changed, during the period for filing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 except as provided in Section 13309 of the Elections Code.
SECTION 2. FOREIGN LANGUAGE POLICY.
a. Pursuant to the Federal Voting Rights Act, the City is required to translate the
candidate's statements into the following languages in addition to English:
Spanish, Chinese, Korean and Vietnamese.
b. Pursuant to state law, the candidate's statement must be translated and printed in
the voters pamphlet in Spanish and the candidate's request. The Orange County Registrar
of Voters shall have all candidates' statements translated into the languages specified in
(a) above and print all translations of all candidate's statements in the voters pamphlet
and these translations shall be made available upon request in the Office of the City
Clerk.
SECTION 3. PAYMENT
1. The candidate shall be required to pay for the cost of printing the
candidate's statement in English.
2. The candidate shall not be required to pay for the cost of
translating the candidate's statement into any foreign language as specified in (a) above
pursuant to State or Federal Law.
The candidate shall not be required to pay for the cost of printing
the candidate's 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 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 candidate's statements are repealed.
SECTION 7. That this resolution shall apply only to the election to be held on
November 7, 2006.
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.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 11th day of July, 2006, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSENT: None
ABSTAIN: None
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