SR-104-000-06 (5)
F:Ctyclerk/Elections/InitRef/staffrep/0122
City Council Meeting: January 22, 2002 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Candidate Information Sheet for City Elective Offices
Introduction
At its meeting of July 24, 2001, the City Council directed staff to prepare an ordinance
requiring candidates for City elective offices to distribute an information sheet to
potential petition signers during the nomination/signature-gathering period of a
municipal election. This reports responds to the request and presents to Council a
draft ordinance for discussion and possible additional direction to staff, or for
introduction and first reading. The draft ordinance includes a draft information sheet for
public distribution.
Background
In March of last year City staff analyzed the status of statewide initiative reform and
reported to Council on the findings. The City Council, in order to improve the local
process, enacted various amendments to the Elections Chapter of the Municipal Code
including requiring that proponents distribute public education information sheets when
gathering signatures for initiative, charter amendment, referendum and recall petitions.
In addition, Council also established requirements for campaign contribution
disclosures during the aforementioned signature-gathering periods. As a continuum to
the improvement of the local process, Council directed staff to prepare an ordinance
containing similar public information sheet requirements for the City Council and the
Rent Control Board, and for School Board and College District candidates, provided the
City had the authority to do so.
Discussion
The California Constitution gives charter cities the authority to adopt their own election
laws. Art. XI, Section 5(b). The Santa Monica City Charter provides all elections shall
be held in accordance with the California Elections Code unless otherwise provided by
ordinance. Section 1403. In accordance with these provisions, Santa Monica has
adopted its own elections code and follows State law on matters not covered by the
local code. Thus, the City has the authority to adopt provisions governing the method
of electing City officials.
Candidate Information Sheet
The proposed ordinance would require the preparation and disbursement of a simple
Candidate Information Sheet to inform voters and circulators of the current
requirements of law. Attached is a draft of the proposed sheet that gives information
on City elective offices, the requirements for candidacy, the nomination process,
explains why signatures are needed on a petition, how to withdraw a signature, and
where to get additional information. Circulators would be required to make the
document available to potential signers.
The Council may wish to consider whether, as a matter of policy, voters’ need for this
type of information warrants imposing the distribution requirement upon circulators
because the ordinance will impose a requirement upon circulators which the benefit
may not justify.
Financial Impacts
Adoption of the proposed ordinance will have no financial impact.
Recommendation
Staff recommends that Council review the proposed ordinance and information sheet, and
either give additional direction to staff, or introduce and hold first reading of the ordinance.
Prepared by: Maria Stewart, City Clerk
Marsha Moutrie, City Attorney
Attachments: (A) Proposed Ordinance
(B) Proposed Information Sheet
f:\atty\muni\laws\mjm\candidateinfo-1.wpd
City Council Meeting 1/22/02 Santa Monica, California
ORDINANCE NUMBER ____
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION 11.04.176 TO THE SANTA MONICA
MUNICIPAL CODE RELATING TO CANDIDATE INFORMATION SHEETS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Section 11.04.176 is hereby added to the Santa Monica Municipal Code to
read as follows:
Section 11.04.176. Candidate Information Sheet.
(a) In order to ensure that any person considering signing a nomination
petition has information about the nomination process sufficient to exercise his or
her rights in an informed manner, the City Clerk and City Attorney shall prepare a
Candidate Information Sheet to accompany each petition for candidacy for a City
office.
(b) Each Candidate Information Sheet shall include at least the following: (1)
the nomination process; (2) the requirements for candidacy; and (3) information
about how to withdraw a signature.
(c) Each person gathering signatures shall provide a copy of the Candidate
Information Sheet to every signer of the petition. In addition, each person gathering
signatures shall make copies of the Candidate Information Sheet readily available
to prospective signers either by offering copies orally or by displaying them
prominently in the same location where the signatures are being gathered so that
signers may readily see and take them.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no
further, is hereby repealed or modified to that extent necessary to effect the provisions of this
Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have passed this Ordinance and each and every
section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without
regard to whether any portion of the ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this
Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days
from its adoption.
APPROVED AS TO FORM:
_________________________
MARSHA JONES MOUTRIE
City Attorney
CANDIDATE INFORMATION SHEET
DRAFT
The following information is provided to all Santa Monica residents by the City Clerks Office of the City of
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Santa Monica with the intent of clarifying the process for nominating candidates for a City elective offices,
Please note that any person soliciting signatures
and to answer the most frequently asked questions.
on a nomination petition for an elective office must make this form available to any member of the
public.
What kind of City elective offices are there?
There are two types of elective offices in the City of Santa Monica, the City Council and the City’s Rent
Control Board. For the November 2002 election there will be three vacant seats on the City Council and
three vacant seats on the Rent Control Board.
Although the Santa Monica-Malibu Unified School District and the Santa Monica College consolidate their
respective elections with the City of Santa Monica, these regulations do not apply to candidates for the
School Board of the College Board.
Who can be a candidate for these offices?
Any resident who is a registered voter in the City of Santa Monica may run for a City Council or a Rent
Control Board seat.
How does a candidate get nominated?How does a candidate’s name get placed on the ballot?
A candidate must obtain at least 100 valid signatures from Santa Monica registered voters on a nomination
petition. Either the candidate or any registered voter in the City may circulate a nomination petition. The
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nomination petition must be filed with the City Clerk no earlier than the 113 day (July 15, 2002) and no
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later than the 88 day (August 9, 2002) before the November 5, 2002, municipal election. Should an
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incumbent not file by the filing deadline on the 88 day, the filing period shall be extended an additional five
days (August 14, 2002) for candidates other than the incumbent for the elective office.
What if I sign the petition but change my mind later and want to rescind my signature?
Any voter who has signed any petition, and who subsequently wishes his or her name withdrawn, may do
so by filing a written request for the withdrawal of the signature with the City Clerks Office. This request
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must be filed prior to the date the petition is filed with the City Clerk.
What other information can I obtain regarding the candidate or on running for office?
Printed on the back of this page are the related sections of the Santa Monica Municipal Code and the State
Elections Code. If you have any other questions related to nomination of candidates for City elective offices
or elections in general, please call the City Clerks Office at (310) 458-8211.
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Santa Monica Municipal Code
Section 11.04.010: Nomination of candidates.
Not earlier than the one hundred thirteenth
day nor later than the close of business on the eighty-eighth day before a municipal election, the
voters may nominate candidates for election by signing a nomination petition. If nomination
papers for an incumbent officer are not filed by the close of business on the eighty-eighth day
before the election, the voters shall have until the close of business on the eighty-third day
before the election to nominate candidates other than the incumbent for the elective office. Each
candidate shall be proposed by not less than one hundred voters, but only one candidate may be
named in any one nomination petition. Any person registered to vote at the election may
circulate a nomination petition. Where there are full terms and short terms to be filed, the term
shall be specified in the nomination petition. All nomination petitions must be filed with the City
Clerk.
California State Elections Code
Chapter 3. Nominations. 201. Eligibility to be elected of appointed.
Unless otherwise
specifically provided, no person is eligible to be elected or appointed to an elective office unless
that person is a registered voter and otherwise qualified to vote for that office at the time that
nomination papers are issued to the person or at the time of the person’s appointment.
Article 2. Nomination of Candidates.
10220. Method of nomination; nomination filing.
Candidates may be nominated for any of
the elective offices of the city in the following manner:
Not earlier than the one hundred thirteenth day nor later than the eighty-eighth day before a
municipal election during normal office hours, as posted, the voters may nominate candidates for
election by signing a nomination paper. Only one candidate may be named in any one
nomination paper. No voter may sign more than one nomination paper for the same office, and
in the event the voter does so, that voter’s signature shall count only on the first nomination
paper filed which contains the voter’s signature. Nomination papers subsequently filed and
containing that voter’s signature shall be considered as though that signature does not appear
thereon. Each seat on the governing body is a separate office. Any person registered to vote at
the election may circulate a nomination paper. Where there are full terms and short terms to be
filled, the term shall be specified in the nomination paper.
10221. Signatures; nomination papers.
The signatures to each nomination paper shall be
appended on the same sheet of paper, and each signer shall add his or her place of residence,
giving the street and number, if any, or other designation of his or her place of residence so as to
enable its location to be readily ascertained.
10222. Affidavit of circulator.
Every nomination paper shall have annexed an affidavit of the
person who circulated it, to the effect that he or she saw written all the signatures appended
thereto, and knows that they are the signatures of the persons whose names they purport to be.
(01/02)