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City Council Report
City of
Santa Moniea
City Council Meeting: November 22, 2011
Agenda Item: 7- F
To: Mayor and City Council
From: Maria M. Stewart, City Clerk
Subject: Ordinance revising Section 11.04.010 of the Municipal Code to increase
the required number of.signatures on a nomination petition for City Office
from 100 signatures to 200 signatures and adding a provision for the
payment of a fee in lieu of collecting the additional signatures.
Recommended Action
Recommendation to introduce and hold first reading of an ordinance increasing the
number of required signatures on a nomination petition for City office from 100
signatures to 200 hundred signatures, and including a provision allowing a candidate to
pay a fee of $100 in lieu of collecting the additional signatures.
Executive Summary
This report complies with Council direction to staff at the November 8 2011, Council
meeting to return with an ordinance increasing the number of nomination signatures
required for a nominee to city office to qualify as a candidate from 100 to 200
signatures, and adding a provision to allow the option of payment of an in -lieu fee.
Background
Currently, there is no .cost to any candidate to run for City office in the City of Santa
Monica. As provided for by the California Election Code, the majority of other cities
require payment of a nomination fee, the reimbursement for the printing and translating
of a candidate statement, and the option of requesting reimbursement for the mailing of
the candidate statement to the voters in the jurisdiction. In addition, the City pays for
the cost of taping and airing candidate videos on CityTV and the posting of candidate
statements and videos on the City's website.
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With the intent of minimally offsetting the cited election costs paid by the City, and to
create an investment into the election process by the candidate, the City Council has
considered various options: Establishing a flat fee of $200; implementing a $200
election fee collected in small $5 donations by the candidate with an in -lieu provision of
securing additional signatures; and having candidates fully reimburse the City for
election costs.
At the November 8t" meeting Council approved a motion to increase the number of
signatures required to qualify as a candidate from 100 signatures to 200 and to include
a provision for a candidate to pay an election fee in lieu of collecting the additional 100
signatures.
Discussion
When staff proposed establishing a flat fee of $200, on March 22, 2011, Council
expressed concerns of whether this sum would discourage potential candidates from
participating. Staff is proposing an in -lieu fee of $100 that will be more affordable to
those candidates who choose to pay an in -lieu fee.
Once this ordinance is adopted, staff will proceed to update the necessary election
forms to reflect the change. Staff proposes to publicize the amendment to the signature
requirement by intermittent publishing notices in the local paper beginning no later than
90 days prior to the start of the filing period in July 2012, mailings to established
campaign committees, and noticing to any interested individuals.
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Financial Impacts & Budget Actions
The Los Angeles County Clerk currently charges $0.97 cents per signatures verifiable at
a glance. If additional research is required in verifying the signature or voter
registration, if the signature is not legible or there is a discrepancy with the voter's
signature, name or address and the County has to conduct additional research, the cost
jumps to $2.45 per signature.
The cost for verifying signatures could possibly double as staff will have to verify twice
as many. However, the additional cost may be off -set by the election fees that some
candidates may choose to pay in lieu of collecting another 100 signatures. If all
candidates were to choose to submit the extra signatures, the additional cost per
candidate would be approximately $125.00. Staff expects to have between 15 to 20
candidates for City office, thus the total additional cost will be between $1,875 and
$2,500. These additional costs will be paid from election Expense Account No.
01212.555060. Any election fees received will be deposited into Revenue Account No.
01212.401170.
Prepared by: Maria M. Stewart
Approved:
Forwarded to Council:
Maria M. Stewart Rod Gould
City Clerk City Manager
Attachments: Draft Ordinance
K
f: \atty \mu n i\ share\ laws \mj m \Nominatio nofCand idatesOrd 112211
City Council Meeting: November 22, 2011 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTION 11.04.010 RELATING TO
NOMINATION OF CANDIDATES
Me
WHEREAS, the City of Santa Monica takes pride in its robust political process;
WHEREAS, currently there is no cost to any candidate to run for City office; and
WHEREAS, the California Elections code authorizes and the majority of other
cities impose nomination fees to partially cover the cities' election costs; and
WHEREAS, City requiring candidates to bear some of the cost to the City of their
candidacies and thereby requiring them to invest in the process will serve the public
welfare by conserving public resources and ensuring that prospective candidates,
seriously consider the decision to seek office.
WHEREAS, the costs imposed by this ordinance are so modest that they will not
deter low- income persons from seeking public office in the City
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 11.04.010 is hereby
amended to read as follows:
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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: (a) be proposed by not less than
enetwo hundred voters-;L or fib) be proposed by not less than
one hundred voters and pay to the City a fee of One
Hundred Dollars ($100 ). but -oOnly 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.
(Prior code § 11000; amended by Ord. No. 1309CCS,
adopted 6126/84; Ord. No. 2007CCS § 4, adopted 4/24101)
FA
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:
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