SR-06-25-2013-7HID
City of City Council Report
Santa Monica'
City Council Meeting: June 25, 2013
Agenda Item:
To: Mayor and City Council
From: Sarah Gorman, City Clerk
Subject: Ordinance amending Section 11.04.010 of the Municipal Code to require a
payment of a fee to file election Nomination Papers and a fee for the
printing and handling of a candidate statement
Recommended Action
Staff recommends that the City Council introduce and hold for first reading an ordinance
to amend SMMC Section 11.04.010 to require candidates for City Council, Rent Control
Board, Santa Monica Malibu Unified School District, and Santa Monica College Board to
pay $25 for processing Nomination Papers and $300 for printing and handling of
candidate statements.
Executive Summary
Staff proposed a $25 fee for filing nomination papers and a $175 fee for translation of
candidate statements at the May 28, 2013 City Council meeting. Staff was directed
generally in favor of the $25 nomination filing fee, and that a different fee relating to
candidate statements might be appropriate. This report proposes that $25 nomination
fee and a $300 fee for printing and handling of the candidate statements and
recommends amending SMMC Section 11.04.010.
Background
Currently, there is no cost to any candidate to run for City office in the City of Santa
Monica. 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. Over
the last 10 years or five elections, an average of 22 candidates ran for City Council,
Rent Control Board, School Board and College Board. On March 22, 2011, staff
proposed charging a flat election fee, as provided for by the California Election Code,
because 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
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the jurisdiction. However, the Council postponed implementation of this fee because it
may discourage low income candidates from participating in the election process.
Discussion
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, staff proposes to
charge $25 for filing of nomination papers and $300 for the printing and handling of
candidate statements. The filing fee is provided for by California Election Code 10228ii
and the candidate statement fee by California Election Code 13307, Section 3(c)iii. Our
election consultant has advised that $300 is a common flat fee for handling of candidate
statements. Additionally, $300 would provide greater cost recovery for the City than the
original $175 proposed fee.
Other municipalities charge various combinations of these fees. For example, the City
of San Jose charges the $25 filing fee per candidate. Manhattan Beach charges a
printing and handling fee of $500 for the candidate statements. Thousand Oaks
charges $1,000 for the printing, translation and handling of statements. Downey
charges between $600 - $2,200 and Inglewood charges $700 - $1,000 depending on
the district race. The City of Monterey Park charges a printing and translation fee of
$2,500 and information is translated into three languages. The City of Norwalk charges
a printing, translation and handling fee of $2,700. The proposed filing fee is the same
as cities that charge this fee because it is set by state law. The statement fee will be
will be less than cities who obtain services through an election consultant or County
Registrar- Recorder's Office because staff only proposes to recover some cost of
election related services. Alternatives to this proposal include continuing to provide free
processing of Nomination Papers and translation of Candidate Statements, charging
one of the two fees, or charging one or both fees and setting the statement fee lower or
higher than $300.
VA
Fiscal Impacts & Budget Actions
The estimated biennial revenue amount is $7150 and is based on a biennial charge of
$25 per set of Nomination Papers and $300 per statement to 22 candidates.
(22($25 +$300) = $7150) There are no new costs associated with this proposal unless
the Registrar - Recorder /County Clerk's Office or City's election consultant increases
their fees or impose new fees. The adoption of an alternative to this proposal would
impact the amount of estimated revenue. Fees received would be deposited into
Revenue Account No. 01212.401170.
Prepared by: Sarah Gorman, Director of Records and Election Services (City Clerk)
Approved:
Sarah Gorman, Director of Records and
Election Services (City Clerk)
Attachments: Draft Ordinance
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Forwarded to Council:
Rod Gould
City Manager
City Council Meeting: June 25, 2013 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING CHAPTER 11.04 OF THE SANTA MONICA
MUNICIPAL CODE RELATED TO LOCAL ELECTIONS REGULATIONS
WHEREAS, the City of Santa Monica is a relatively small city with a strong sense
of community and robust tradition of resident participation in local government; and
WHEREAS, the City is committed to maintaining a fair and accessible elections
process in order to ensure continued robust resident participation in local government;
and
WHEREAS, a personal investment by candidates, even if minimal, will
communicate the candidate's interest and personal commitment to the voters, may
discourage any misuse of the process, and will contribute to retaining the integrity and
due respect that the process deserves; and
WHEREAS, California Elections Code Section 10228 authorizes local agencies
to charge candidates a filing fee that reflects the costs of processing a candidate's
nomination papers; and
WHEREAS, California Elections Code Sections 13307 and 13309 authorize local
agencies to charge candidates a fee that reflects the costs of printing, handling,
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translating and mailing of candidate statements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 11.04.010 of the Santa Monica Municipal Code is hereby
amended to read as follows:
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. The City Clerk shall charge and
collect a filing fee in the amount of $25 from each candidate at time of j§suinct
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SECTION 2. Section 11.04.120 of the Santa Monica Municipal Code is hereby
amended to read as follows:
FA
11.04.120 Candidate's statement of qualifications.
(a) Each candidate for Santa Monica City Council, Santa Monica Rent
Control Board, or other elected office of the City of Santa Monica, may prepare a
statement of qualification on an appropriate form provided by the City Clerk. Such
statement may include the name, age and occupation of the candidate and a brief
description of no more than two hundred words of the candidate's education and
qualifications expressed by the candidate. Such statement shall be filed in the office of
the City Clerk when the candidate's nomination papers are returned for filing. It may be
withdrawn but not changed during the period for filing nomination papers and until five
p.m. of the next working day after the close of the nomination period.
(b) The City Clerk shall send to each voter, together with a sample ballot, a
voter's pamphlet which contains the written statements of each candidate's
qualifications that is prepared pursuant to this Section. The statement of each candidate
shall be printed in type of uniform size and darkness and with uniform spacing. The City
Clerk shall provide for and certify a Spanish translation to those candidates who wish to
have one.
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(d) The City Clerk shall reject any statement which contains any obscene,
libelous or defamatory matter, which violates the constitutional or civil rights of any
person, or which is prohibited by State or Federal law from being circulated through the
mail.
(e) Nothing in this Section shall be deemed to make any such statement or
the authors thereof free or exempt from any civil or criminal action or penalty because of
any false or libelous statements offered for printing or contained in the voter's pamphlet
SECTION 3. Section 11.04.155 of the Santa Monica Municipal Code is hereby
amended to read as follows:
11.04.155 Election filing requirements.
(a) Time Deadline. Unless this Chapter provides otherwise, all documents
required to be filed under this Chapter, the California Elections Code or the California
Political Reform Act must be received by the City Clerk by the close of business on the
date specified for filing. If the City Clerk's office is closed on that date, all such documents
shall be submitted no later than the close of business on the business day immediately
following the date specified for filing.
(b) Facsimile Signatures. All documents required to be signed and filed with
the City Clerk pursuant to this Chapter, the California Elections Code or the California
Political Reform Act, shall contain original signatures. Facsimile signatures shall not be
substituted for original signatures, except as provided in subsection (c) of this section.
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(c) Voter b Ball Ballot Request. A voter may request a-n-absent
vote bv mailr ballot by original or facsimile signature.
SECTION 4. 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 5. 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 6. 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:
A HA J f ES MOU RIE
City torn y
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