Resolution No. 4332RESOLUTION NO. 4332
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 A GENERAL MUNICIPAL ELECTION.
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 CYPRESS,
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 Calfiornia, each
candidate for elective office to be voted for at an election to be
held in the City of Cypress 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 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may be withdrawn, but not changed, during the period for filing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 State law, the candidates statement must
be translated and printed in Spanish at the
candidates request.
b. Pursuant to the Voting Rights Act, the City is
required to translate candidates 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.
SECTION 3. PAYMENT
a. The candidate shall be required to pay for the cost
of printing the candidates statement in English.
b. The candidate shall be required to pay for the
cost of translating the candidates statement into
any foreign language as specified in Section 2 (b)
above, pursuant to State and /or Federal law.
c. The candidate shall be required to pay for the cost
of printing the candidates 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 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
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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 the 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 at the next
ensuing municipal election and at each municipal election after
that time.
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 AND ADOPTED by the City Council of the City of Cypress
at a regular meeting held on the 27th day of June 1994.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
�CITY W OF T gITY4F CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DARRELL ESSEX, 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 27th day of
June 1994; by the following roll call vote:
AYES: 4
NOES: 0
ABSENT: 1
COUNCIL MEMBERS: Age, Kerry, Nicholson and Partin
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Bowman
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CITY OF CYPRESS