Resolution No. 6791163
RESOLUTION NO. 6791
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE
OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE
VOTERS AT AN ELECTION TO BE HELD ON NOVEMBER 3, 2020.
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 candidates statement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS 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 Cypress on November 3, 2020, 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 The statement may be withdrawn, but not changed, during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, candidates statements will be
translated into all languages required by the County of Orange. The County is
required to translate candidate's statements into the following languages:
Spanish, Korean, Chinese, and Vietnamese.
B. The County will mail separate voter information guides and candidates
statements in Spanish, Korean, Chinese, and Vietnamese to only those voters
who are on the county voter file as having requested a voter information guide
in a particular language. The County will make the voter information guides
and candidates statements in the required languages available at all polling
places, on the County's website, and in the Election Official's office.
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
Section 2 above pursuant to Federal and/or State law.
2. The candidate shall be required to pay for the cost of translating the
candidates statement into any foreign language that is not required as
specified in Section 2 above, pursuant to Federal and/or State law, but is
requested as an option as an option by the candidate.
B. Printing:
1. The candidate shall be required to pay for the cost of printing the candidates
statement in English in the main voter pamphlet.
2. The candidate shall be required to pay for the cost of printing the candidates
statement in a foreign language required in Section 2 above, in the main
voter pamphlet.
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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 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 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. MISCELLANEOUS. All translations shall be provided by
professionally -certified translators. The City Clerk shall comply with all recommendations
and standards set forth by the California Secretary of State regarding occupational
designations and other matters relating to elections.
SECTION 5. ADDITIONAL MATERIALS. No candidate will be permitted to
include additional materials in the voter information guide.
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 by the City Council of the City of Cypress
at a regular meeting held on the 22nd day of June 2020.
MAYOR OF TH TY OF CYPRESS
ATTEST:
Duo
CITY ERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Resolution was duly adopted at a regular meeting of the said City
Council held on the 22nd day of June 2020; by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Berry, Morales, Peat, Yarc and Johnson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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THE CITY OF CYPRESS