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O2432City Council Meeting: July 9, 2013 ORDINANCE NUMBER 2-q 3-L- (City Council Series) Santa Monica, California (CCS) 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. 1 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 issuing nomination papers. SECTION 2. Section 11.04.155 of the Santa Monica Municipal Code is hereby amended to read as follows: 2 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. (c) Vote by Mail Ballot Request. A voter may request a vote by mail ballot by original or facsimile signature. SECTION 3. 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 4. 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, 3 or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. 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. 0 Approved and adopted this 9th day of July, 2013. � t am O'Connor, Mayor State of California ) County of Los Angeles ) ss. City of Santa Monica ) I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2432 (CCS) had its introduction on June 25, 2013, and was adopted at the Santa Monica City Council meeting held on July 9, 2013, by the following vote: Ayes: Councilmembers: Vazquez, Winterer Mayor Pro Tern O'Day, Mayor O'Connor Noes: Councilmembers: None Absent: Councilmembers: Davis, Holbrook, McKeown, A summary of Ordinance No. 2432 (CCS) was duly published pursuant to California Government Code Section 40806. ATTEST: iU Sarah P. Gorman, City Clerk