HomeMy WebLinkAbout2022-045 - Pay the Pro Rata Share of the Cost of InclusionRESOLUTION NO. 2022-045
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ESTABLISHING A SYSTEM FOR
CANDIDATES WHOSE STATEMENTS ARE SUBMITTED
TO THE ELECTORATE IN THE 2022 GENERAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8,
2022 TO PAY THE PRO RATA SHARE OF THE COST OF
INCLUSION OF THEIR STATEMENT IN VOTER
PAMPHLETS AND/OR ELECTRONIC COPY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Section 13307(d) of the Elections Code of the State of California authorizes
the governing body of any local agency to 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 or electronically distributed.
B. Prior to the period in which candidate statements may be filed, the Orange
County Registrar of Voters Office estimates the total cost of translating,
posting electronic copy on the Registrar of Voters website, printing, handling,
and/or mailing the candidates' statements and determines the approximate
cost of the pro rata share of each candidate filing a statement based upon
such estimate, as follow:
Print in voter's pamphlet and electronic copy of Candidate Statement in
Registrar of Voter's Office website in English, Spanish, Vietnamese, Korean
and Chinese:
• 200 Words $1,800.00
Electronic copy of Candidate Statement in Registrar of Voter's Office website
in English, Spanish, Vietnamese, Korean and Chinese:
• 200 Words $550.00
The payment in advance by each such candidate of his or her prorated share
shall be a condition of having his or her statement included in the voter's
pamphlet, and/or electronic posting.
Section 2. The City Council hereby approves the process whereby:
Resolution No. 2022-045
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A. Prior to the period in which candidates' statements may be filed, the Clerk of
the Council shall prepare a written notice distributed to all candidates at the
time of issuance of the nomination papers, informing them that payment of
the pro rata share amount must be made at the same time as the candidate's
nomination papers as prescribed by the California Elections Code.
B. The Clerk of the Council's receipt for the payment shall include a written
notice that 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 of the Council shall not be 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 of the Council may require the candidate to
pay the balance of the cost incurred. In the event of overpayment, the Clerk of
the Council shall prorate the excess amount among the candidates and
refund the excess amount paid within 30 days of the election.
Section 3. The Clerk of the Council shall provide each candidate or the
candidate's representative a copy of this Resolution at the time when nominating
petitions are issued by the Clerk.
Section 4. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 7th day of June, 2022.
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Laura Rossini
Chief Assistant City Attorney
Resolution No. 2022-045
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AYES Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
Hernandez, Lopez, Penaloza, Phan Bacerra,
Sarmiento (6)
None (0)
NOT PRESENT: Councilmembers Mendoza (1)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached
Resolution No. 2022-045 to be the original resolution adopted by the City Council of the
City of Santa Ana on June 7.2022.
Date: N I goxp-
Daisy Gonlez
Clerk of the Council
City of Santa Ana
Resolution No. 2022-045
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