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City of City Council Report
Santa Monies
City Council Meeting: December 13, 2011
Agenda Item:
To: Mayor and City Council
From: Marsha Jones Moutrie, City Attorney
Subject: Ordinance Revising Santa Monica Municipal Code Section 11.04.010
Relating to Nomination of Candidates
Recommended Action
Staff recommends that the City Council adopt the attached ordinance.
Executive Summary
At its meeting on November 22, 2011, the City Council introduced for first reading an
ordinance revising Santa Monica Municipal Code Section 11.04.010 relating to
nomination of candidates. The ordinance is now presented to the City Council for
adoption.
Prepared by: Marsha Jones Moutrie, City Attorney
Approved: Forwarded to Council:
L
Mar ha Jq s Mou rie Rod Gould
Cit ttor C City Manager
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f:\atty\munikshare\laws\mjm\NominationofCandidatesOrd 1213112d
City Council Meeting: December 13, 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
and
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, the 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 by 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:
E
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 two
hundred voters; or (b) be proposed by not less than one
hundred voters and pay to the City a fee of One Hundred
Dollars ($100), at the time of filing. However, a candidate
who initially chooses not to pay the in -lieu fee and submits a
minimum of 200 signatures may pay the in -lieu fee up to and
including the last day of the nomination period if less than
200 signatures are verified. 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.
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(Prior code § 11000; amended by Ord. No. 1309CCS,
adopted 6/26/84; Ord. No. 2007CCS § 4, adopted 4/24/01)
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.
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