HomeMy WebLinkAbout2006-035 - Pay Pro Rata Share of the Cost of Inclusion of the Statement
RESOLUTION NO. 2006-035
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 2006
GENERAL ELECTION TO PAY THE PRO RATA
SHARE OF THE COST OF INCLUSION OF THE
STATEMENT
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. That Section 13307(c) 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.
Section 2. The Clerk of the Council shall estimate the total cost of printing,
handling, translating, and mailing the candidates' statements, including costs incurred
as a result of complying with the Voting Rights Act of 1965, as amended, and shall
determine the pro rata share of each candidate filing a statement based upon such
estimate. The payment in advance by each such candidate of his or her pro rated share
shall be a condition of having his or her statement included in the voter's pamphlet.
Section 3. 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 the candidate's nomination papers are
filed and no later than 5:00 p.m. August 11, 2006.
Section 4. 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.
Resolution No. 2006-035
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Section 5 The Clerk of the Council shall provide each candidate a copy of this
resolution at the time nominating petitions are issued by the Clerk.
Section 6. 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 19th day of June, 2006.
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A. Pulido
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
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By: J \ .", lot 4(>"'-1' '_.' ' ,,_,
Laura Sheedy
Assistant City Attorney
AYES Councilmembers Alvarez. Bis!. Bustamante. Christv. Garcia.
Pulido. Solorio (7)
NOES: Council members None (0)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2006-035 to be the original resoiution adopted by the City
Council of the City of Santa Ana on June 19, 2006. /
Date (;-,;(';' - o{,/~~i<[:-~<-_j
Clerk of the Council
City of Santa Ana
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Resolution No. 2006
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