HomeMy WebLinkAboutResolutions - No. 2004-124 ERA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI, 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 2, 2004
WHEREAS, §13307 of the Elections Code of the State of California provides that
the governing beady 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 LORI,
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 Lodi on November 2, 2004, 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 The statement may be withdrawn, but not changed, during the period for filing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. Pursuant to the Federal Voting
Rights Act, as amended, the City Clerk shall have all candidates statements translated
into Spanish.
SECTION 3. PAYMENT. The candidate shall be required to pay for the cast of
printing the candidates statement in English and Spanish in the voters' pamphlet.
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
voters' pamphlet. In the event the estimated payment is rewired, 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 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.
Resolution No. 2004-124
June 16, 2004
Page Two
_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.
ECTION 6. That all previous resolutions establishing Council policy on
payment for candidates statements are repealed.
_SECTION 7. That this resolution shall apply only to the election to be held on
November 2, 2004, and shall then be repealed.
ECTION 8. That the City Clerk shall certify to the passage and adoption of
this resolution and enter it into the book of original resolutions.
Dated: June 16, 2004
I hereby certify that Resolution No. 2004-124 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held June 16, 2004, by the following
vote.,
AYES: COUNCIL MEMBERS — Beckman, Hitchcock, Howard, and
Land
ABSENT: COUNCIL MEMBERS — Mayor Hansen
Susan J. Blackston
City Clerk
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