O980
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SISWS 12..2."'14 CA
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ORDINANCE NO.
980 (CCS)
(C1ty Council Ser1es)
~.
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA LIMITING
CkMPAIGN SPENDING AND ESTABLISHING
FAIR ELECTION PRACTICES.
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2 of Art1cle XI 1S hereby added
to the Santa Mon1ca Mun1cipal Code to be ent1tled FAIR ELECTION
PRACTICES.
SECTION 2. Sect10n 11200 1S hereby added to the
Santa Mon1ca Mun1cipal Code to read as follows:
Sect10n 11200~ T1tle. This chapter shall be
known as the Santa Mon1ca Fair Elect10n Practices Ord1nance.
SECTION 3. Sect10n Il20l 1S hereby added to the
Santa Monica Mun1cipal Code to read as follows:
Sect10n ll20~.
Intent and Purpose. It 1S the
~ntent of the C1ty Counc~l of the City of Santa Mon1ca in
enact1ng this ordinance to place realistic and enforceable
lim1ts on contr1but10ns to pol1tical campa1gns in munic1pal
elect10ns as well as 11mit the amount which a candidate can
expend on a campa1gn to be elected to mun1cipal off1ce. The
purpose for wh1ch th1s ord1nance 1S being enacted is to prevent
the exerC1se by campa1gn contributions of potent1al undue or
1mproper 1nfluence over elected officials and to ensure aga1Dst
a candidate being elected or a measure being passed based
pr1mar1ly on the amount expended on a campa1gn.
It is also the 1ntent and purpose of the C1ty
CounC1l of the C1ty of Santa Mon1ca to provide a body of
unquestioned 1ntegr1ty to assure enforcement of not only the
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SIS.S 12'.2.74 CA
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regulations on contr~butions and expend~tures, but all prov~s~ons
relatlng to election fair practices enumerated here~n. It is
also the intent and purpose of the City Council of the City
of Santa Monlca to provlde for the widest poss~ble d~ssemination
of Lnformatlon concern~ng candidates and measures ln local
electlons.
The City Council flnds that municipal electlons
are munlcipal affairs and consequently a charter Clty is not
preempted by general state law from regulating contributions
and expendltures and practices in local elections.
SECTION 4. Sectlon 11202 lS hereby added to the
Santa Monica Munlcipal Code to read as follows:
Sectlon 11202~ Definltlons.
A. Candldate. "Candldate" means an lndLvidual
who is listed on the ballo~ or who has qualifLed to have wrlte-
in votes on such persons behalf counted by election offlclals
for the nomLnation for electlon to the Santa Monlca Clty
Councll, Santa Monica Unlfied School Oistrlct Board of Educatlon,
or Santa Manlca Community College Board of Trustees, or who
receives a contrlbutlon or makes an expenditure or gives consent
for any other person to recelve a contrlbutlon or to make an
expendlture with a Vlew to brlnging about such person's
nomination or electlon to such offlce, whether or not the
speclflc electlve offlce for whlch such person will seek noml-
natlon or electlon is known at the tlme the contr~bution lS
received or the expendlture is made, and whether or not such
person has announced candldacy or flled a declarat~on of
cand~dacy at such time. "Candldate" also includes any office
holder who is subject of a recall pet~t~on.
B. Expendlture. "Expenditure" means a payment,
a forg~veness of a loan, a payment of a loan by a thlrd party,
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or an enforceable promise to make a payment, unless it is
clear from the surround~ng c~rcumstances that ~t is not made
for pol~tical purposes. An expend~ture ~s made on the date
the payment ~s made or on the date cons~deration, ~f any, is
received, wh~chever ~s earlier.
C. Committee. "Comrn~ttee" means any person
or combinat~on of persons who directly or 1nd~rectly receives
contrlbut~ons or makes expenditures or contributions for the
purpose of ~nfluencing or attempting to influence the actlon
of the voters for or agalnst the nominatlon or e1ectlon of
one (1) or more candidates or in support of or in oppositlon
to a measure.
D. OfflClal Committee. "0ff~cial committee"
means any commlttee wh~ch is controlled dlrectly or indlrectly
by a cand~date or the proponent or opponent of a measure Wh1Ch
acts j01ntly wlth a candldate or the proponent or opponent
of a measure or h1S or her off1cial committee 1n connection
with making of expend1tures. A cand1date or proponent or
opponent of a measure controls a comm~ttee lf such person or
h~s or her agent or any other committee such person controls
has signlficant influence on the actlons or decis~ons of the
committee.
E. Independent Comm~ttee. "Independent
Commlttee" means any comrrllttee other than an offic~al comm~ttee
which receives contrlbut~ons or makes expenditures 1n support
of or 1n opposltion to a candldate or in support of or 1n
opposit~on to a measure.
F. Elect10n. "Electlon" means any general,
speclal, or recall electlon held to elect or remove a member
of the Santa Monica C1ty Council, the Santa Monica Unifled
School Dlstrict Board of Education, or the Board of Trustees of
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SIS~S 12-.2.74 CA
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the Santa Mon~ca Cornmun~ty College or to vote on any measure.
G. Voting Age Population. "Voting Age
Populat~on" means the population of the C~ty of Santa Hon~ca
or the area served by other elected off~cials aged eighteen (IS)
years or over as determ~ned by the United States Secretary of
Commerce pursuant to ~104(a)5 of the Federal Electlon Campalgn
Act of 1971. If, for any reason, no such determ~natlon 1S
made, the commlSSlon shall, from tlme to tlme, deterrnlne the
votlng age population from the best readlly available sources
of lnformatlon.
H. COInmlSSlon.
"Commlssion" means the Santa
Monlca Falr Election Practlces Commlssion.
1. Payment.
"Payment" means a payment,
dlstrlbutlon transfer, loan, advance, deposlt, glft or other
renderlng of money, property, service or anythlng else of
value, whether tanglble or intanglble.
J. Contrlbution. "Contribution" means a
payment, a forglveness of loan, a payment of a loan by a thlrd
party, or an enforceable promlse to make a payment except to
the extent that full and adequate consideratlon is recelved
unless lt is clear from the surrounding clrcumstances that
It is not made for polltlcal purposes. An expendlture made
at the behest of the candldate, commlttee or elected officer
1S a contrlbution to the candldate, committee, or elected
offlcer unless full and adequate cons1deration 1S received
for making the expendlture.
The term "contribut~on" also includes the
purchase of tlckets for events such as dinners, luncheons,
rallles and slmllar fund-raislng events~ the candldate's own
money or property used on behalf of hlS candldacy~ the granting
of dlscounts or rebate not extended to the publlc generally or
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SIStlrS l2~2.74 CA
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the grantlng of discounts or rebates by televlsion and radio
statlons and newspapers not extended on an equal basis to
all candidates for the same office; the payment of compensatlon
by any person for the personal services or expenses of any
person lf such services are rendered or expenses incurred on
behalf of the candldate or committee wlthout payment of full
and adequate conslderatlon.
The term "contrlbutl.on" further lncludes any
transfer of anythlng of value recelved by a comml.ttee from
another committee.
The term "contrlbutlon" does not l.nclude amounts
recelved pursuant to an enforceable promlse to the extent
that such amounts have been prevl.ously reported as a
contribution. However, the fact that such amounts have been
received shall be lndlcated in the approprlate campalgn state-
ments. ·
Notwlthstandlng the forego1ng defin1tlon of
"contr1but1on," the term does not include volunteer personal
SerV1ces or payments made by any indiv1dual for h1S own travel
expenses if such payments are voluntarl.ly made wlthout any
understandlng or agreement that they shall be dlrectly or
l.nd1.rectly repald to hlm.
K. Measure. "Measure" means any Clty Charter
Amendment, or other propositlon or other bond lssue whl.ch 1.S
submltted to a popular vote at an electlon by action of a leg1s-
latlve body, or whl.ch is submitted or is l.ntended to be submitted
to a popular vote at an electlon by inltlatlve, referendum, or
recall procedure, whether or not it qual1fies for the ballot.
L. Proponent of a Measure. "Proponent of a
1-1easure" means a person or group of persons organ1zed for the
purpose of circulat1.ng a petition for the qual1.flcatlon of a
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Rev.w,2.12.74
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measure on the ballot in a mun~cipal elect~on or for the
purpose of obta~n~ng the passage of a measure that has
qualif~ed for the ballot in a mun~c~pal election.
M. Opponent of a Measure.
"Opponent of a
Measure" means a person or group of persons organized for the
purpose of opposing the c~rculat~on of a pet~tion for the
qualif~cat~on of a measure on the ballot in a mun~cipal election
or for the purpose of oppos~ng the passage of a measure that
has been qual~fied for the ballot ~n a mun~cipal elect~on.
N. Elect~on Item.
"Elect~on Item" shall mean
each office that will be f~lled by an election and each
measure that will be approved or d~sapproved by an elect~on.
SECTION 5. Sect~on 11203 ~s hereby added to the
Santa Mon~ca Munic~pal Code to read as follows:
Section 11203. Fa1r Election Practices Commission.
There shall be a Fa1r Elect~on Pract~ces Comm1SS10n conslstlng of
seven (7) members. Select~on of members of the Comrn~ssion shall
be 1n random manner from a l~st of nomlnees, submitted to the City
Clerk, selected in the following manner: each member of the City
Council, each member of the Board of Educatlon, each member of
the Commun~ty College Board of Trustees, and each person who was
a cand1date in the last electlon for the City Counc~l or the
Board of Education or Commun1ty COllege Board of Trustees who
received votes equal to at least ten (lO%) percent of the
ballot's cast shall name one (1) nom~nee. Each nom~nee must
be a res~dent of Santa Mon~ca who has agreed to sit on the
commission ~f selected. If the 1n~tial submission of nominees
does not produce suff1clent qual~fied persons, the ~ndlv~duals
l~sted above shall each be requested to submit two (2)
addit~onal nom~nees. To be elig~ble for appointment, nominees
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SIS:~ 12.2.74 CA
Rev.~.12.74
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shall ne~ther hold publ~c office or employment, nor be a
cand1date for any public off~ce or positlon. From the llst
of nominees selected ln the manner descr1bed above, the seven
(7) persons to sit on the comm~ss~on shall be selected at
random at a regularly scheduled Clty Council meeting.
The members of the Fair Electlon Practlces
Commlssion shall serve for a term of SlX (6) years and untl1 thelr
respect~ve successors are appointed and gual~fled. The terms of
such members shall be staggered so that the terms of at least two
(2) but not more than three (3) thereof shall expire on every
other July~t, beglnnlng July 1, 1975, and except that on July I,
1979, the terms of three (3) members shall expire. The terms of
the members first appointed to such commisslon shall be determ1ned
by a casting of lots to determine which two (2) of the members
flrst apPolnted shall serve only untll July 1, 1975, and wh~ch
two (2) members shall serve only until July I, 1977. The remainlng
members of the first cornmisslon shall serve until July I, 1979.
Thereafter, the term of each member shall run a perlod of six (6)
years. Any vacancy on the comm1ssion shall be filled in the
followlng manner: each candldate ln the most recent election for
City Councll, the Board of Education and the Community College
Board of Trustees who recelved votes equal to at least ten (10%)
percent of the ballots cast shall have the right to make one (1)
nominatlon. From those nominations, submltted to the Clty Clerk, ~
the number of persons needed to complete the board shall be selected
at random. If the number of nomlnat~ons is not sufflcient to
cover the vacancies eXlstlng ln the board, those people ellglble
to submlt nominations shall be requested to nomlnate two (2)
persons each for the vacanCles before the random selection
lS made to flll the vacanCles at a regularly scheduled Clty
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CouncJ.l meetlng.
SECTION 6. ~11204 is hereby added to the Santa
Monlca MunJ.c1pal Code to read as follows:
Section 11204. Fa1r Elect10n Pract1ces
ComrnlSSlon - Powers and Dut1es. The Fair Election Practices
Cornmiss1on shall have the power and be required to:
(a) ReV1ew and exarnlne all campalgn
statements requlred to be f1led with the CJ.ty Clerk and the
C1ty Clerk shall not certify any such statements requ1red
under this ord1nance until approval 1S given by the commlSSlon.
(b) Receive complaints filed w1th the Clty
Clerk, subm1tted under penalty of perjury and 1nformat1on corrob-
oratlng such complaints from any person who be11eves that a
v101ation of any portion of any ord1nance or of any law relatlng
to elections or electlon practices has occurred. On the receJ.pt
of such a complaJ.nt, the Board shall 1nvestlgate and determine
wlthln ten (10) days whether or not there 1S probable cause to
belleve that a v101atlon has occurred and not1fy the C1ty Clerk
of ltS dec1sion. If the commissJ.on f1nds that there is probable
cause to be11eve that a wlllful vlolatlon of any ordlnance or
electJ.on law has occurred or 15 about to occur, J.t shall cause
to be J.nst1tuted such legal act10n as 1t deems necessary.
(c) The Commlssion shall have such
investigatlve powers as are necessary for the performance of
its dutles under this ordlnance and shall have subpoena powers.
The commission shall, upon request, be furnlshed records of
campalgn contribut1ons and expendltures by the C1ty Clerk and
by each candldate, commlttee or treasurer. Prosecutlons under-
taken as a result of thlS invest1gation of alleged complalnts
shall be referred to the Distrlct Attorney or any other
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SIS4IFS 12.2.;4 CA
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prosecutorial body hav~ng the power to act thereon. The C~ty
Attorney of the C~ty of Santa Mon~ca w~ll have no dut~es or
powers relatlve to the enforcement of th~s ordlnance.
(d) The Clerk shall transm~t to the comm~ss~on,
all materials received from or on behalf of the candldates
or comm~ttees or cop~es thereof for concurrence as requlred
by ~11211(b)or other act~on required by the terms of th~s
ordinance.
(e) The commiss~on shall have the power and
be requ~red to formulate rules and regulat~ons for the performance
of its dutles and the conduct of ~ts ~nvestigatlons and shall
have the power to amend sa~d rules and regulat~ons from t~me
to time.
(f) Upon not~f~catlon from the appropr~ate
prosecuting agency that a cand~date has been convicted of any
violation under thlS ordlnance or any other electlon law, which
constltutes a misdemeanor or felony, ~f said cand~date ~s
successful, the commisslon shall, forthwith declare the offlce
to wh~ch he was elected, vacant.
SECTION 7. ~11205 ~s hereby added to the Santa
Monica Municipal Code to read as follows:
Section 11205. Removal From Off~ce of Fa~r
Elect~on Pract~ces Commiss~on Member. No member of the Falr
Electlon Practices Commlss~on shall be removed from h~s term
of off~ce except by unan~mous vote of the Clty Council on
good cause shown or as otherwise provided by law.
SECTION 8. ~11206 ~s hereby added to the Santa Monica
Mun~clpal Code to read as follows:
Sect~on 11206. L~m~tations on Carnpa~gn
Expendltures. The following limitatlons on campalgn expendltures
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5I+S 12'.2.74 CA
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shall apply:
(a) Aggregate expenditures by a candidate
or proponent or opponent of a measure, hlS or her agents, and
official committee during the flve (5) months prior to an
election shall not exceed the following amounts, adJusted in
all years after 1974 for cost of living changes:
(1) Twenty (20) Cents multl-
pIled by the votlng age population;
(b) Except as provided in (d) below, no
independent committee shall make expenditures aggregatlng more
than Two (.02) Cents multlplled by the votlng age population
during the five (5) months preceedlng a municlpal electlon.
Two (2) or more lndependent committees WhlCh act jointly
ln making expendltures shall be considered a slngle lndependent
committee for the purpose of this seetlon.
(c) Not more than Twenty Flve (.25) Cents
multlplled by the number of slgnatures requlred for quallflca-
tion, adJusted for cost of Ilvlng changes, shall be spent in
the furtherance of the Clrculation or quallflcation of a petition
to place a measure on the ballot.
(d) Expendltures incurred by an lndependent
commlttee for comrnunlcations directed at its own members shall
not be included wlthln the 11mltatlons contained 1n Sections (a),
(b) or (c).
(e) If an expenditure 1S lneurred in support
of more than one (1) eandldate, a proportionate amount is
charged to each candldate for the purpose of Seetlon (b).
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SIS4IrS 12.2.74 CA
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(f) The prov~s~ons of ~l(b) to the contrary
notwithstanding, for the purposes of th~s chapter, an expend~ture
is made during the five (5) month per~od before an election
if either payment is made or cons~deration is rece~ved or ~s
used dur~ng that period.
SECTION 9. ~11207 ~s hereby added to the Santa Monica
Mun~cipal Code to read as follows:
Sect~on 11207. Committees.
(a) Each candidate, proponent of a measure,
or opponent of a measure shall have only one (I) offic~al
committee.
(b) At the t~me of f~l~ng for offlce, each
cand~date shall des~gnate and ldentlfy an offical comm~ttee
and dlsclose the name of the treasurer of the officlal committee
to the City Clerk. In the case of a measure, the off~c~al
commlttee of the proponent and the opponent shall be determined
by the Falr Election Practices Commission. Such determination
shall be made after all lnterested COIDmlttees have been glven
an opportunity to designate an official treasurer and request
recognltlon by the Falr Elect~on Practices Cornrn~SSlon as the
offic~al committee.
(c) The official committee of a candldate
or of the proponent or opponent of a measure shall have only
one (1) treasurer.
(d) An ~ndependent commlttee shall have only
one (1) treasurer whose name shall be dlsclosed to the City
Clerk with~n flve (5) days of the formatlon of the comm~ttee.
(e) No expendlture shall be made by a
candidate or proponent or opponent of a measure or by or on
behalf of a commlttee wlthout authorizatlon of the treasurer of
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SIStlrS 12.2.74 CA
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the commlttee.
(f) All contrlbutlons received by a person
actlhg as an agent of an offlclal committee shall be reported
promptly by the reclplent to the comnuttee's treasurer. "Promptly"
as used in thlS sectlon means not later than flve (5) days
before the closlng date of the next campalgn statement
requlred to be flIed by the treasurer, and immedlately lf the
contributlon was received less than five (5) days before the
closlng date.
(g) It shall be the duty of the candldate
or proponent or opponent of a measure and the treasurer of a
committee to keep detalled accounts, records, bllls and recelpts
relatlng to all expenditures made and contrlbutions recelved.
SECTION 10. ~11208 is hereby added to the Santa
Monlca Munlclpal Code to read as follows:
Sectlon 11208. Fillng of Statements. Each
candldate and each commlttee supportlng or opposlng a candldate
or candidates or measure or measures and each member of the
Clty Councll of the City of Santa Monlca, Unlfled School Dlstrlct
Board of Education, or Santa Monica Clty College Board of
Trustees shall flle wlth the Clty Clerk, coples of each statement
requlred under Chapter 4 of Tltle 9 of the Government Code.
The statements described for candldates and proponents and oppo-
nents of a measure above shall be flIed forty (40) days prlor to
an electlon, twelve (12) days prlor to an electlon and not later
than twenty one (21) days after the electlon. ~embers of the
Clty Councll, Santa Monlca Unl[led School Dlstrlct Board of
Educatlon and Santa Monica Communlty College Board of Trustees
shall file statements at the time requlred under Chapter 4 of
Tltle 9 of the Government Code wlth the City Clerk.
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SIS~S 12.2.74 CA
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SECTION 11. Sl1209 lS hereby added to the Santa Monica
Mun1cipal Code to read as follows:
Sectlon 11209. Lim1tatlons on Contr1butlons.
(a) No person other than a cand1date when
contributing to h1S own campa1gn shall make, and no campaign
treasurer shall solicit or accept any contrlbutlon wh1ch will
cause the total amount contributed by such person w1th respect
to each electlon ltem, to exceed One Hundred ($100) Dollars.
(b) No candldate shall make any contribution
WhlCh will cause the total amount contributed by him to hlS
campalgn and all political committees supporting his campaign
to exceed, with respect to a slngle electlon, Four (.04) Cents
multiplied by the votlng age populatlon.
(e) The limlts stated ln (a) and (b) above
are to be adJusted in all years after 1974 for changes ln cost
of living.
(d) No contributlon shall be perm1tted
except when the legal name of the person or organlzatlon who
offers the contrlbutlon is dlsclosed. Contrlbutlons under
assumed names or contributlons offered by lndlviduals who are
acting as condults or agents for other individuals or interests
are prohlblted.
(e) No contrlbutlon may be glven by any
proprletorshlp, flrm, partnershlp, JOlnt venture, syndlcate,
business trust, company, corporatlon, assoclatlon, or labor
unlOD. If the vote on a measure has a direct effect on the
continued eXlstence of an entlty of the type Ilsted, the
entity may contribute Four (.04) Cents multlplied by the
voting age of populatlon.
SECTION 12. Sl1210 lS hereby added to the Santa
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SIS~S 12.2.74 CA
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Mon1ca Mun~cipal Code to read as follows:
Section 11210~ Anonymous Contributions.
The total anonymous contr~but~ons to a candldate or comm1ttee
which is to exceed in the aggregate One Hundred ($100) Dollars
wlth respect to a single elect10n shall not be used by the
candldate or committee for whom 1t was intended. To the extent
that the total anonymous contr1but1ons exceed that amount,
the excess shall be forfeited immed1ately to the City Treasurer~
SECTION 13. Sl12ll 1S hereby added to the Santa
Monlca Municipal Code to read as follows:
Sectlon ll21l. D1stributlon of Campa1gn Statements
of Candidates.
(a) Each cand1date for City Council, the
Board of Educatlon of the Santa Monlca Unified School Distrlct,
or Commun1ty College Board of Trustees and the offlClal committee
of the proponent or opponent of a measure may prepare a campalgn
statement. Such statements may be filed ln the office of the
C1ty Clerk no later than thirty five (35) days before the
elect1on.
(b) The Clerk, with the concurrence of the
Fair Election Practices Commlsslon, shall reJect any statement
under th1S sectlon which conta1ns any obscene, libelous, or
defamatory matter, or any language which ln any way incites,
counsels, promotes or advocates hatred, abuse, v10lence or
hostil1ty toward, or WhlCh tends to cast rldlcule or shame
upon any person or group of persons by reason of race, color,
rellglon, or manner of worshlP, or any language or matter
the clrculatlon of which through the mails is prohlbited by
Congress. Any cand1date who des1res advance clearance of a
campaign statement may submlt lt to the Clty Clerk who must
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SIStlFS 12.2.74 CA
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accept or reject lt within five (5) days.
(c) The statement of each candldate or
proponent or opponent of a measure shall be prlnted at the
expense of the candldate on paper of Slze and welght to be
prescrlbed by the Fair Election Practices Commlsslon; and a
sufflclent number of coples of each statement to provlde one
(1) for each registered voter ln the area from which the
eandldate 1S to be elected shall be prov1ded to the City
Clerk not later than thlrty (30) days before the electlon.
(d) The Clerk shall simultaneously send
to each reglstered voter a copy of each wrltten campalgn
stateMent prepared pursuant to thlS sectlon not later than
fourteen (14) days prior to the eleetlon day.
Nothing In thlS section shall be deemed to
make any such statement or the authors thereof free or exempt
from any eivll or erlmlnal aetlon or penalty because of any
false, slanderous or libelous statements offered for dlstributlon
pursuant to thlS seetlon.
SECTION 14. ~112l2 15 hereby added to the Santa
Monica Munlclpal Code to read as follows:
Section 11212. Candidate's Statement of
Qualificatlons. Each candldate for Clty Councll, Board of
Educatlon of the Santa Monlca Unlfled School District, or
Community College Board of Trustees may prepare a statement
of gualificatlon on an approprlate form provided by the Clty
Clerk. Such statement may lnclude the name, age, and occupatlon
of the candidate and a brlef de5criptlon of no more than two
hundred (200) words of the candidate's educatlon and gualifica-
tlon5 expressed by the candldate. Such statement shall be
filed ln the offlce of the Clty Clerk when the candidate's
nomination papers are returned for fillng. It may be wlthdrawn,
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but not changed, during the per~od for filing nom~nat1on
papers and untll 5:00 p.m. of the next working day after
the close of the nomlnat1on period.
The City Clerk shall send to each voter together
wlth a sample ballot, a voter's pamphlet WhlCh contains the
wr1tten statements of each candidate's qualificatlons that 15
prepared pursuant to thlS sect1on. The statement of each
candidate shall be printed 1n type of un1form Slze and darkness
and with unlform spac1ng. The City Clerk shall prov1de for
or certify a Spanlsh translation to those candldates who w1sh
to have one, and shall select a person where needed to provide
such translation from the Ilst of approved Spanish language
translators and 1nterpreters of the Superior Court or from
an lDstltut10n accredited by the Western Assoclatlon of Schools
and Colleges.
The costs of prlntlng, handl~ng and translat~ng
of any statement submitted pursuant to thlS seetlon shall be
pald by the C1ty.
The C1ty Clerk shall reJect any statement Wh1Ch
contains any obscene, vulgar, profane, scandalous, libelous
or defamatory matter, or any language which in any way incites,
counsels, promotes or advocates hatred, abuse, vlolence or
hostlllty toward, or which tends to cast rldlcule or shame
upon any person or group of persons by reason of race, color,
rellglon or manner of worshlp, or any language or matter the
circulatlon of which through the malls lS prohlblted by Congress.
Nothing 1n thlS sectlon shall be deemed to
make any such statement or the authors thereof free or exempt
from any civil or crimlnal action or penalty because of any
false or l~belous statements offered for prlntlng or contalned
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SIS4IrS 12~2.74 CA
e
~n the voter's pamphlet.
SECTION 15. ~112l3 ~s hereby added to the Santa
Mon~ca Munic~pal Code to read as follows:
Sect~on 112l3. Distribut~on of Newsletter
Proh~bited Dur~ng Cawpa~gn. No newsletter or sim~lar matter
shall be c~rculated by mass ma~l~ng or similar method by the
City Council, Board of Educat~on of the Santa Mon~ca Un~fied
School Distr~ct, Community College Board of Trustees or the~r
adm~n~strat~ve officers within s~xty e~ght (68) days pr~or. to any
elect~on to select members of said body or to approve or d~sapprove
any ballot measure.
SECTION 16. ~11214 is hereby added to the Santa
Mon~ca Mun~c~pal Code to read as follows:
Sect~on 11214. Ballot Order. In any elect~on
for C~ty Council, SchoOL Board of the Santa Monica Unified
School D~str~ct, or Board of Trustees of the Community College,
the order ~n which names shall appear on the ballot shall be
determ~ned by a cast~ng of lots.
SECTION 17. Any prov~sion of the Santa Mon~ca Municipal
Code, or appendices thereto incons~stent herew~th, to the extent
of such inconsistencies and no further, are hereby repealed.
SECTION 18. If any sect~on, subsect~on, sentence,
clause or phrase of th~s ord~nance is for any reason held to
be ~nval~d or unconst~tutional by a decision of any court of
competent Jur~sd~ct~on, such dec~s~on shall not affect the
val~dity of the remaining portions of the ord~nance. The City
Counc~l hereby declares that ~t would have passed th~s ord~nance
and each sect~on, subsect~on, sentence, clause or phrase thereof,
~rrespect~ve of the fact that anyone or more sections, sub-
sect~ons, sentences, clauses or phrases be declared
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SIStlrS l2~2.~4 CA
e
,
inva1~d or unconstitut~ona1.
SECTION 19. The Mayor shall sign and the C~ty Clerk
shall attest to the passage of this ord~nance. The C~ty Clerk
shall cause the same to be published once ~n the official
newspaper w~thin f~fteen (15) days after its adopt~on. This
ordinance shall become effect~ve after thirty (30) days from
its adoption.
ADOPTED this
7
day of
J~nuary I 1975.
c/'" /
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(, ~, .' /1'--~7/.7'--7 -----
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Mayor
ATTEST:
r
Cc~A_l16
Ci t(y~ Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF SANTA MONICA
ss.
I do hereby certify that the foregoing ordinance
was duly and regularly introduced and adopted at a meeting
of the City Council of the city of Santa Mon~ca on the
7
January
, 1975, pursuant to ~6l5 of the
day of
Charter of the City of Santa Monica, by the following vote of
the Council:
AYES:
Councilmen: Judson, Lawson, Swink, Trives
Hoover
Counc~lmen: McCloskey
NOES:
ABSENT:
Counc~lmen: van den Steenhoven
~ ~
I rl1?bJ9' .'
1/ / ~ / ,
1L(" , "
: - j .
., ~.t
.,City Clerk
i
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.-
S.s 12.2.74
aJ
\
'~2pPROVED AS JTO ;O~RM:
! n ) I
. /U:.J:J, ~j~
..1- -C~ ty Attorne ~
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