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sr-121311-7bIDir 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 1 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. 2 (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. 41