SR 02-13-2024 5E
City Council
Report
City Council Meeting: February 13, 2024
Agenda Item: 5.E
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration
Subject: Second Reading and Adoption of an Ordinance Updating Santa Monica
Municipal Code (SMMC) Article 11 Elections Code
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
Executive Summary
At its meeting on January 23, 2024, the City Council introduced for first reading an
Ordinance amending Santa Monica Municipal Code (SMMC) Article 11 Elections Code.
The ordinance is now presented to the City Council for adoption.
Prepared By: Bradley Michaud, Principal Legal Analyst
Approved
Forwarded to Council
Attachments:
A. ORD-Elections Code Update 2d
5.E
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City Council Meeting February 13, 2024 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SECTIONS 11.04.120, 11.04.150, 11.04.171, 11.04.185,
AND 11.04.190 OF THE SANTA MONICA MUNICIPAL CODE RELATED TO
ELECTIONS
WHEREAS, elections in the State of California are conducted in accordance with
the California Elections Code; and
WHEREAS, Santa Monica is a Charter City with authority to establish procedures
for municipal elections such as the distribution of information for candidates and
committees; and
WHEREAS, California Elections Code section 13307 allows candidates to submit
statement of qualifications in the County’s Official Sample Ballot; requires the City Clerk
to distribute and provide Spanish translations of candidate statements to voters; and
authorizes local agencies to charge candidates for all or part of printing, handling,
translation, mailing, and electronically distributing candidate statements; and
WHEREAS, the City previously paid for the cost of candidate statements and now
desires to require that candidates bear the cost of candidate statements; and
WHEREAS, California Elections Code section 9202 authorizes local agencies to
establish a fee, not exceeding two hundred dollars, to any person filing a Notice of Intent
with the Elections Official, and to refund the fee if the petition is certified sufficient within
one year of filing the Notice; and
5.E.a
Packet Pg. 392 Attachment: ORD-Elections Code Update 2d (6236 : Second Reading-Elections Code)
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WHEREAS, some California Elections Code sections have been repealed, and it
is therefore necessary to remove reference to those sections from the City’s code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 11.04.120(d) is hereby
amended to read as follows:
11.04.120 Candidate’s statement of qualifications
(d) If a candidate files a statement, then the estimated costs of printing, handling,
translating, mailing and electronic distribution of any statement submitted pursuant
to this section shall be paid by the candidate at the time of filing nomination papers
for elections occurring in or after November 2024. In the event of overpayment
and pending the final actual cost, the City shall prorate the excess amount among
the candidates and refund the excess amount paid within 30 days of the election.
In the event of underpayment, the City shall pay the balance of the cost incurred.
Santa Monica Municipal Code Section 11.04.150 is hereby amended to read as follows:
11.04.150 Distribution of information for candidates and committees
In order to insure that each candidate and proponent or opponent of a measure
has full opportunity to understand and fulfill the requirements of the Political
Reform Act and Municipal Code, the City Clerk shall make available to each
candidate, to each proponent or opponent of a measure and to each committee
supporting or opposing a measure the latest revision of the State of California
Information Manual on Campaign Disclosure Provisions of the Political Reform
Act and a schedule outlining required filing dates for campaign statements. In
5.E.a
Packet Pg. 393 Attachment: ORD-Elections Code Update 2d (6236 : Second Reading-Elections Code)
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addition, candidates are to receive a Candidate Information Guide outlining basic
municipal candidacy requirements.
Santa Monica Municipal Code Section 11.04.171 is hereby amended to read as follows:
11.04.171 Fees for petitions
There shall be a $200 fee for filing a Notice of Intent for a petition for recall,
initiative, referendum or amendment of the City Charter, which will be refunded if
the measure qualifies for the ballot within one year of the date of filing the Notice of
Intent.
Santa Monica Municipal Code Section 11.04.185(b) is hereby amended to read as
follows:
11.04.185 Mail in ballots for special elections
(b) Elections Code Sections 3001 through 3005, 3013, 3015 through 3018, and
3020 through 3021 shall not be applicable to City elections conducted pursuant
to this Section. Chapter 1 of Division 4 of the Elections Code (commencing with
Section 4000) and Elections Code Sections 4104 through 4108 shall not be
applicable to the City elections conducted pursuant to this Section.
Santa Monica Municipal Code Section 11.04.190 is hereby amended to read as follows:
11.04.190 Public examination of ballot information
In lieu of making available the official election materials referred to in Elections
Code Section 9295 and the official voters pamphlet referred to in Elections Code
Section 13313, the City Clerk shall make available for public inspection a copy of
the material referred to in Elections Code Sections 9223, 9280, 9281, 9282, 13307
and Section 11.04.125 of this Code.
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Packet Pg. 394 Attachment: ORD-Elections Code Update 2d (6236 : Second Reading-Elections Code)
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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:
_________________________
Douglas Sloan, City Attorney
5.E.a
Packet Pg. 395 Attachment: ORD-Elections Code Update 2d (6236 : Second Reading-Elections Code)