HomeMy WebLinkAboutCC RES 04-063RESOLUTION NO. 04-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
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, 2004
WHEREAS, § 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 PALM DESERT,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS
FOLLOWS:
SECTION 1. GENERAL PROVISIONS. That pursuant to § 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 Palm Desert, California, on Tuesday, November 2, 2004, 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may be withdrawn, but not changed, during the period for filing nomination papers and until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. Pursuant to the Voting Rights Act, the
City may be required to translate candidates' statements into the following languages: Spanish.
The City Clerk shall have all candidates' statements translated into the language specified above
and print same inthe voters' pamphlet.
SECTION 3. PAYMENT.
a) The candidate shall be required to pay for the cost of printing the candidate's
statement in English in the voters' pamphlet.
b) The candidate shall be required to pay for the cost of translating the candidate's
statement into any required foreign language as specified in Section 2 above, pursuant to State
and/or Federal law.
c) The candidate shall not be required to pay for the cost of printing the candidate's
statement in another foreign language in the voters' pamphlet other than that specified in
Section 2 above.
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
complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing
RESOLUTION NO. 04-63
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 voters' 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 a reasonable amount of time after 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' statements are repealed.
SECTION 7. That this resolution shall apply only to the election to be held on Tuesday,
November 2, 2004, 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 book of original resolutions.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert,
California, at its regular meeting held on the 24th day of June, 2004, by the following vote, to wit:
AYES: BENSON, CRITES, FERGUSON, KELLY, and SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
HELLE D. KLXSSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
ROBERT A. SPIEGEL, MAS'O1t
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