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94-130 RESOLUTION NO. 94R-130 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 8, 1994. 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 ANAHEIM, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. GENERAL PROVISIONS. That pursuant to Section 10012 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 8, 1994 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 partisan 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 The statement may be withdrawn, but not changed, during the period for filing nomination papers until 5:00 p.m. of the next working day after the close of the nomination period.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 candidate's statement must be translated and printed in Spanish at the candidates request (and expense). B. Pursuant to the Federal Voting Rights Act the City and County are required to translate candidate's statements into the following languages in addition to English: Spanish, Vietnamese. c. The City Clerk shall 1. Have all candidates statements translated into the languages specified in (B) above. 2. Have all translations made available upon request in the Office of the City Clerk, and the Registrar of Voters, County of Orange. 3. 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 the cost of printing the candidates' statement in English. 2. The candidate shall be required to pay the cost of printing the candidates's statement in a foreign language if requested. SECTION 4. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. SECTION 5. PAYMENT. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the oandidates statements filed pursuant to the Election Code including the 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 his or her 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 which 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 overpayment the clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. SECTION 6. 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 7. That all previous resolutions establishing council policy on payment for candidates statements are repealed. 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 28, 1994. ATTES'~: CITY CLERK OF, THE CITY OF ANAHEIM (SEAL) ern;election,res 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 94R-130 was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 28th day of June, 1994, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: I"eldhaus, Simpson, Hunter, Pickler, Daly NOES: COUNCIL MEMBERS: r~one ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-130 on the 29th day of June, 1994. IN WITNESS WHEREOF, I have hereunto ,set my hand and affixed the official seal of the City of Anaheim this 29th day of June, 1994. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL., City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolut!on No. 94R.-130 was duly passed and adopted by the City Council of the City of Anaheim on June 28, 1994. CITY CLERK OF THE CITY OF ANAHEIM