HomeMy WebLinkAboutCC RES 06-100RESOLUTION NO. 06-100
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 7, 2006
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 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 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 The statement may be withdrawn, but not changed, during the period for filing nomination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 the Federal Voting Rights Act, the City may be required to translate
candidates' statements into the following Ianguage(s): Spanish.
B. The City Clerk shall:
1. Translations: Have all candidates' statements translated into the languages
specified in (A) above.
2. Printing: Print all translations of all candidates' statements in the voters' pamphlet.
SECTION 3. PAYMENT.
A. Translations:
1. The candidate shall be required to pay for the cost of translating the candidates'
statement into any required foreign language as specified in (A) above, pursuant to Federal and/or
State Law.
B. Printing:
1. The candidate shall be required to pay for the cost of printing the candidates'
statement in English in the voters' pamphlet.
2. The candidate shall be required to pay for the cost of printing the candidates'
statement in a foreign language in the voters' pamphlet.
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
RESOLUTION NO. 06-100
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 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 City 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 City Clerk may require the
candidate to pay the balance of the cost incurred. In the event of overpayment, the City 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 City 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 7, 2006, 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,
Califomia, at its regular meeting held on the 22nd day of June, 2006, by the following vote, to wit:
AYES: BENSON, CRITES, KELLY, SPIEGEL, and FERGUSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RACELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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