sr-111976-cao opinionCA RLK:DTO:JK ''1-19-76
CITY ATTORNEY OPINION
Opinion CA 76-71 - November 19, 1976
SUBJECT: Extension of Time for Filing Nomination Pavers
REQUESTED BY: Kenneth -0. Grubb, City Clerk
OPINION BY: Richard L. Knickerbocker, City Attorney
Dennis T Omoto, Deputy City Attorney
QUESTION PRESEiVTED
Generally, does Section 228.40.5 of the Elections
Code, which provides foY an extension of time to nominate
non-incumbent .candidates if the incumbent does not timely
file nomination papers, apply to a municipal election held
in the City of-Santa Monica?
CONCLUSION
Yes. As a broad rule, if the nomination papers for
an incumbent elected officer of the City of Santa Monica are
not filed by twelve o'clock noon. on the 68th day before a
municipal election, the voters of the City shall have until
twelve o'clock noon on the 63rd day before said election to
nominate candidates other than the incumbent for such elective
office. (See Section 22601 and Section 22840.5 of the Elections
Code, Section 1403 of the Charter of the City of Santa Monica).
ANALYSIS
The City Charter and Ordinance.
General reference to the procedure of holding
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elections in the City can be found in Section 1403 of the
Charter of the City of Santa Monica, which provides as-:
follows:
"Unless otherwise provided by
ordinance, hereafter enacted, all
elections shall be held in accordance
with the provisions of the Elections
Code of the State of California, as
the same now exists or may _hereafter
be amended, for the holding of elections
in cities of the sixth class insofar
as the same or not in conflict with
this Charter."
Vdith regard to the time requirements for the
nomination of candidates for elective city offices, the
Elections Code of the City of Santa Monica has provided
for otherwise pursuant to the above Charter provision,
wherein, it states in relevant part that:
"Not earlier than the 89th day nor
later than 12:00 o'clock noon on the_,
68th day before a :rrsnicipal eieetion, the.
voters may nominate candidates for election
by signing a ro~ination petition. .".
Section 11000 of the Santa Monica
Municipal Code.
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The City's Elections Code does not specifically
detail a mechanism for extensions of time to nominate
candidates or file nomination papers, thus., Section 1403
of the Charter of the City of Santa Monica, quoted hereinabove
requires that reference be made to the Elections Code of
the State of California.
State Elections Code.
The particular state statute concerning extensions
of time to nominate candidates sets forth the following
language:
"Notwithstanding the provisions
of Sections 22836 and 22840, if
nomination papers for an incumbent
elective officer of the City are not
filed by 12:00 o'clock noon on the
68th day before the Alection, the
voters shall have until 12:00 o'clock
noon on the 63rd day before the election
to norinate candidates other than the
incumbent for such elected office."
Section 22840 S of the Elections Code.
The hereinabove quoted code section is located in
Part 2 of Division II of the Elections Code; which means
that it is subject to the following state lao~:
"The provisions of this Part
[2~_sha11 apply to all municipal
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elections except where otherwise
provided for in the Constitution
of the State or in a charter duly
adopted or an!ended pursuant to the
Constitution of this State."
Section 22601 of the Elections Code.
Consequently, both the above. mentioned statute
and Section 1403 of the Charter of the C~_ty of Santa Monica
lend substantial support to apply Section 22840.5 of the
Elections Code to a municipal election of the City.
In conclusion, based on all of the foregoing
discussion, the voters of the City have until twelve o'clock
-noon on the 63rd day before a municipal election to nominate
candidates other than the incumbent for an elected office of
the City if the nomination papers for the incurbent elected
officer are not filed by twelve o'clock noon on the 68th day
before said election.
Respectfully submitted,
DENNIS T OMOTO,
Deputy City Attorney
APPROVED BY:
RICFIARD L. KNICKERBOCKER,
City Attorney
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