Note: Prior ordinance history: Ord. 1046CCS, adopted 11/12/76;
Ord. No. 1357CCS, adopted 2/11/86; Ord. No. 1388CCS, adopted 9/23/86;
Ord. No. 1536CCS, adopted 8/7/90; and Ord. No. 1613CCS § 1
and 2, adopted 2/11/92.
(a) The City Clerk is charged with the duty of conducting all municipal
elections under this Chapter and under the California
Elections Code.
If the City elects to consolidate a municipal election with the County
of Los Angeles, the City Clerk shall be charged with coordinating
the consolidated election with the County of Los Angeles.
(b) The City Clerk shall be the filing officer for the purposes of the
California Political Reform Act.
(Added by Ord. No. 2007CCS §
3, adopted 4/24/01)
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
nomination papers. If the nomination paper for an incumbent officer
is 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 paper. Any person age eighteen
or older may circulate a nomination paper. Only one person may circulate
each nomination paper. Where there are full terms and short terms
to be filled, the term shall be specified in the nomination paper.
All nomination papers must be filed with the City Clerk. The City
Clerk shall charge and collect a filing fee, in the amount of twenty-five
dollars, from each candidate at time of filing nomination papers.
(Prior code § 11000; amended
by Ord. No. 1309CCS, adopted 6/26/84; Ord. No. 2007CCS § 4,
adopted 4/24/01; Ord.
No. 2432CCS § 1, adopted 7/9/13; Ord. No. 2499CCS § 1,
adopted 11/10/15; Ord.
No. 2519CCS § 1, adopted 6/14/16)
This Chapter shall be known as the City of Santa Monica Campaign
and Election Reform Act of 1992.
(Prior code § 11200; added
by Ord. No. 1630CCS § 1, adopted 6/9/92)
(a) Monetary contributions to political campaigns are a legitimate form
of participation in the American political process, but the financial
strength of certain individuals or organizations should not permit
them to exercise a disproportionate or controlling influence on the
election of candidates.
(b) The rapidly increasing costs of political campaigns have forced many
candidates to raise larger and larger percentages of money from interest
groups with a specific financial stake in matters before City governmental
bodies. This has caused the public perception that votes are being
improperly influenced by monetary contributions. This perception is
undermining the credibility and integrity of the governmental process.
(c) Officeholders are responding to high campaign costs by raising ever-increasing
amounts of money. This fundraising distracts public officeholders
from important public matters and encourages contributions which may
have the appearance of a corrupting influence.
(d) High campaign costs discourage community members from running for
public office because newcomers to the political process may lack
access to the financial resources necessary to wage effective campaigns.
(e) Limiting campaign contributions helps ensure equal opportunities
for all candidates, promotes diversity among candidates and strengthens
the community’s trust that their government is representative.
(f) Limiting contributions to candidates and committees, to the full
extent allowed by law, helps promote participation in government and
trust that the democratic process is not subverted by affluent special
interest groups.
(g) Powerful special interests in Santa Monica have, in past elections,
sought to use their wealth to dominate election results.
(h) Santa Monica can best preserve its sense of community, safeguard
its local democracy, and effectuate its commitment to fair public
process by limiting all campaign contributions.
(i) By enacting this Chapter, the City Council seeks: to ensure that
individuals and interest groups in our society have a fair and equal
opportunity to participate in the elective and governmental processes;
to reduce the influence of large contributors with a specific financial
stake in matters before City governmental bodies; to curtail overall
expenditures in campaigns; to reduce the excessive fundraising advantage
of incumbents and thus encourage competition for elective office;
to improve the disclosure of contribution sources in reasonable and
effective ways; and to help restore public trust in governmental and
electoral institutions.
(Prior code § 11201; amended
by Ord. No. 2270CCS § 1, adopted 9/16/08; added by Ord. No. 1630CCS § 1, adopted 6/9/92)
Unless a word or phrase is specifically defined in this Chapter,
the definitions set forth in the Political Reform Act, Government
Code Sections 82000 et seq., shall apply to this Chapter. The following
words or phrases as used in this Chapter shall have the meanings set
forth below.
Candidate.
Any individual who has qualified to be listed on a ballot
or who has solicited write-in votes on his or her behalf for election
to the Santa Monica City Council, Santa Monica Rent Control Board
or any other elected office of the City of Santa Monica, or who receives
a contribution or makes an expenditure or gives consent for any other
person to receive a contribution or to make an expenditure with a
view to bringing about such person’s election to such office,
whether or not the specific elective office for which such person
will seek election is known at the time the contribution is received
or the expenditure is made, and whether or not such person has announced
candidacy or filed a declaration of candidacy at such time. “Candidate”
also includes any office holder who is subject of a recall petition.
Controlled committee.
As defined in
Government Code Section 82016, a committee
that is controlled directly or indirectly by a candidate or State
measure proponent or that acts jointly with a candidate, controlled
committee, or State measure proponent in connection with the making
of expenditures. A candidate or State measure proponent controls a
committee if he or she, his or her agent, or any other committee he
or she controls has a significant influence on the actions or decisions
of the committee.
Election.
Any general or special election held to elect or remove a
member of the Santa Monica City Council, the Santa Monica Rent Control
Board or any other elected office of the City of Santa Monica.
Electronic filing.
The submission of required reports and statements in an electronic
format approved by the Secretary of State and the City Clerk.
Organization.
Any corporation, association, partnership, committee, labor
organization, political party or other similar legal entity or arrangement,
whether organized for profit or not.
Person.
A natural born individual, as well as any organization.
Small contributor political action committee.
“Small contributor political action committee”
means any committee which meets all of the following criteria:
(1)
All of the contributions it receives from any person in a twelve-month
period total fifty dollars or less.
(2)
It has been in existence at least six months.
(3)
It contributes to at least five candidates within a three-year
period.
(4)
It is not a candidate controlled committee.
(5)
It receives contributions from more than one hundred persons.
(Prior code § 11202; added
by Ord. No. 1630CCS § 1, adopted 6/9/92; amended by Ord. No. 2135CCS § 1, adopted 8/10/04; Ord. No. 2499CCS § 2, adopted 11/10/15; Ord. No. 2579CCS § 1,
adopted 6/26/18)
(a) No person shall make to any candidate for office or to the controlled
committee of such a candidate, a contribution or contributions totaling
more than four hundred ten dollars for each election in which the
candidate was on, is on, or is likely to be on the ballot or in which
the candidate sought or seeks write-in votes.
(b) No candidate for office or the controlled committee of such a candidate
shall accept from any person a contribution or contributions totaling
more than four hundred ten dollars for each election.
(c) The limitations imposed by this Section shall be adjusted every five
years, commencing on July 1, 2026, by an amount equal to the percentage
change in the CPI-W Index for the Los Angeles-Long Beach-Anaheim area,
as published by the United States Department of Labor, Bureau of Labor
Statistics rounded to the nearest five dollars.
(d) This section shall not be interpreted or applied to violate the right
of association or the right to express views through expenditures.
Rather, it is intended to be and shall be applied solely as a limit
on campaign contributions to individuals and committees.
(Prior code § 11203; added
by Ord. No. 1630CCS § 1, adopted 6/9/92; amended by Ord. No. 2270CCS § 2, adopted 9/16/08; Ord. No. 2360CCS § 1, adopted 5/24/11; Ord. No. 2382CCS § 1,
adopted 11/22/11; Ord.
No. 2579CCS § 1, adopted 6/26/18; Ord. No. 2701CCS § 1,
adopted 4/26/22)
A contribution shall not be considered to be received if it
is not negotiated, deposited or utilized in any way, and in addition
if it is returned to the donor within ten days of receipt.
(Prior code § 11204; added
by Ord. No. 1630CCS § 1, adopted 6/9/92)
(a) All contributions made by a person or small contributor political
action committee whose contributions or expenditure activity is financed,
directed or controlled by any corporation, partnership, committee,
labor organization, association, political party or any other person
or committee, including any parent, subsidiary, branch, division,
department or local unit of the corporation, labor organization, partnership,
committee, association, political party or any other person, or by
any group of such persons, shall be considered to be made by the person,
organization or entity financing, directing or controlling the contribution
as well as the person, small contributor or political action committee
making the contribution.
(b) Two or more entities shall be regarded as the same person or small
contributor political action committee when any of the following apply:
(1) The entities share the majority of members of their boards of directors;
(2) The entities share two or more officers;
(3) The entities are owned or controlled by the same majority shareholder
or shareholders;
(4) The entities are in a parent-subsidiary relationship.
(c) An individual and any general partnership in which the individual
is a partner, or an individual and any corporation in which the individual
owns a controlling interest, shall be regarded as the same person.
(d) No committee which supports or opposes a candidate for office shall
have as officers individuals who serve as officers on any other committee
which supports or opposes the same candidate. No such committee shall
act in concert with, or solicit or make contributions on behalf of,
any other committee. This subsection shall not apply to treasurers
of committees if these treasurers do not participate in or control
in any way a decision on whether the candidate or candidates receive
contributions.
(Prior code § 11205; added
by Ord. No. 1630CCS § 1, adopted 6/9/92; amended by Ord. No. 2360CCS § 2, adopted 5/24/11)
(a) A loan shall be considered a contribution from the maker as well
as the guarantor, if any, of the loan and shall be subject to the
contribution limitations of this Chapter.
(b) Every loan to a candidate or committee shall be by written agreement
and shall be filed with the candidate’s or committee’s
campaign statement on which the loan is first reported.
(c) A loan made to a candidate or committee by a commercial lending institution
in the regular course of business on the same terms available to members
of the public shall not be subject to the contribution limitations
of this Chapter.
(d) Extensions of credit, other than loans pursuant to subsection
(c) of this Section, for a period of more than thirty days are subject to the contribution limitations of this Chapter.
(Prior code § 11206; added
by Ord. No. 1630CCS § 1, adopted 6/9/92)
(a) Contributions by spouses shall be treated as separate contributions
and shall not be aggregated under this Chapter.
(b) Contributions by minors shall be treated as contributions by their
parents or guardian and attributed equally to each parent or guardian.
(Prior code § 11207; added
by Ord. No. 1630CCS § 1, adopted 6/9/92; amended by Ord. No. 2499CCS § 3, adopted 11/10/15)
Any candidate, committee, elected official or slate mailer organization filing a statement required by Chapter 4 of Title
9 of the
Government Code (Political Reform Act of 1974) shall also file a copy of that statement with the City Clerk by the filing deadline specified in State law. Controlled committees that plan to raise two thousand dollars or more or spend one thousand dollars or more in a calendar year, must file campaign finance disclosure statements electronically. Campaigns that raise or spend less than two thousand dollars, are exempt from electronic filing and may file paper or electronic versions of disclosure forms. The City Clerk shall post non-electronic statements received on the City’s website within twentyfour hours, excluding weekends, or as soon thereafter as practicable.
(Prior code § 11208; added
by Ord. No. 1630CCS § 1, adopted 6/9/92; amended by Ord. No. 2135CCS § 2, adopted 8/10/04; Ord. No. 2499CCS § 4, adopted 11/10/15)
Any committee that makes expenditures of one thousand dollars
or more to support or oppose a candidate or candidates or any ballot
measure shall report such expenditures to the City Clerk. This requirement
shall apply to independent expenditures and member contribution expenditures
but not to direct contributions to political committees.
(Added by Ord. No. 2135CCS §
3, adopted 8/10/04)
All literature that is printed by or on behalf of any person,
candidate or committee, including, but not limited to, small cards
and billboards, shall be identified with the name and address of the
candidate or committee, or chairperson and secretary, or at least
two officers of the political group or organization on whose behalf
or order the same is printed. If the literature is printed on behalf
of any person or group of persons who are not also a candidate or
committee, the person or group of persons shall be identified. Such
identification of said persons shall be printed legibly and shall
be appropriate to the size and type of the literature, but in no event
shall such printing be less than in six point type. Compliance with
Government Code Section 84305 et seq., shall be deemed compliance
with this Section.
(Prior code § 11209; added
by Ord. No. 1630CCS § 1, adopted 6/9/92)
(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. The statement may make no reference to another candidate.
The statement shall not include the party affiliation of the candidate,
nor membership or activity in partisan political organizations. 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. No candidate will be permitted to include
additional materials in the sample ballot.
(b) The City Clerk shall ensure that each voter receives a sample ballot
containing 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.
(c) The City Clerk shall provide a Spanish translation to those candidates
who wish to have one, and shall select a person to provide that translation
who is a professionally-certified translator as required by State
law.
(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 thirty
days of the election. In the event of underpayment, the City shall
pay the balance of the cost incurred.
(e) 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.
(f) The City Clerk shall comply with all recommendations and standards
set forth by the California Secretary of State regarding occupational
designations and other matters relating to elections.
(g) 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 sample ballot.
(Prior code § 11210; added
by Ord. No. 1630CCS § 1, adopted 6/9/92; amended by Ord. No. 2519CCS § 1, adopted 6/14/16; Ord. No. 2641CCS § 1, adopted 6/23/20; Ord. No. 2774CCS, 2/13/24)
(a) In determining whether to accept a proposed ballot designation, the
City Clerk shall utilize the Secretary of State Ballot Designation
Regulations set forth in Chapter 7 of the California Administrative
Code, as modified from time to time. To the extent this Chapter conflicts
with the Secretary of State Ballot Designation Regulations, the provisions
of this Chapter shall prevail.
(b) To facilitate review of a candidate’s proposed ballot designation
by the City Clerk, each candidate must submit, at the time of filing
his or her proposed ballot designation on the Declaration of candidacy,
a completed ballot designation worksheet on a form provided by the
City Clerk. In addition to the information provided in the worksheet,
the City Clerk may ask a candidate to provide additional information.
The City Clerk must notify the candidate in the most expeditious manner
of any rejection of a ballot designation within three working days
of the candidate’s submission. If the City Clerk rejects the
ballot designation, the candidate shall have three additional working
days to submit an alternate designation, together with a completed
ballot designation worksheet.
(Added by Ord. No. 2007CCS §
5, adopted 4/24/01)
If any person submits an argument against a City measure, and
an argument has been filed in favor of the City measure, the City
Clerk shall immediately send copies of that argument to the persons
filing the argument in favor of the City measure. The persons filing
the argument in favor of the City measure may prepare and submit a
rebuttal to the argument against the measure not exceeding two hundred
fifty words. Such rebuttal shall be signed by any one of the persons
filing the original argument, any combination of the persons signing
the original argument or by all of the persons filing the original
argument. The rebuttal shall not be signed by any person who did not
sign the original argument nor shall it contain more than five signatures.
The City Clerk shall send copies of the argument in favor of
the measure to the persons filing the argument against the City measure,
who may prepare and submit a rebuttal to the argument in favor of
the City measure not exceeding two hundred fifty words. Such rebuttal
shall be signed by any one of the persons filing the original argument,
any combination of the persons signing the original argument or by
all of the persons filing the original argument. The rebuttal shall
not be signed by any person who did not sign the original argument
nor shall it contain more than five signatures.
The rebuttals shall be filed with the City Clerk not more than
ten days after the final date for filing original arguments or the
date fixed by the City Clerk, whichever date is later. Rebuttals shall
be printed in the same manner as the original arguments. Each rebuttal
shall immediately follow the original argument it seeks to rebut.
(Added by Ord. No. 2007CCS §
6, adopted 4/24/01)
No newsletter or similar matter shall be circulated by mass
mailing or similar method by the Santa Monica City Council, Santa
Monica Rent Control Board or their administrative officers as follows:
(a) Within eighty-eight days prior to any municipal election to approve
or disapprove any ballot measure;
(b) Within eighty-eight days prior to an election to select any member
of its governing body;
(c) After any member of its governing body has filed a nomination petition pursuant to Section
11.04.010.
This prohibition shall not apply to the circulation of a newsletter
or similar matter by mass mailing if the mass mailing is usual and
customary and occurs in the normal course of business, neither refers
to nor identifies any member of the City Council or Rent Control Board
and contains nothing relating to the election, except for voter registration
information, the date and hours of the election, poll locations and
methods of voting.
|
(Prior code § 11211; added
by Ord. No. 1630CCS § 1, adopted 6/9/92; amended by Ord. No. 1933CCS § 1, adopted 1/19/99; Ord. No. 2065 § 1, adopted 2/11/03; Ord. No. 2402CCS § 1,
adopted 6/26/12)
In any election for any City office, the order in which a candidate’s
name or ballot measure shall appear on the ballot shall be randomly
determined by the City Clerk.
(Prior code § 11212; added
by Ord. No. 1630CCS § 1, adopted 6/9/92)
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 addition, candidates
are to receive a Candidate Information Guide outlining basic municipal
candidacy requirements.
(Prior code § 11215; added
by Ord. No. 1109CCS, adopted 12/12/78; amended by Ord. No. 2007CCS §
7, adopted 4/24/01; Ord. No. 2774CCS, 2/13/24)
(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 of the California Political Reform Act, shall contain original signatures, except documents that must be filed electronically as provided in Section
11.04.100. 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.
(Added by Ord. No. 2007CCS §
8, adopted 4/24/01; amended by Ord. No. 2432CCS § 2, adopted 7/9/13; Ord. No. 2499CCS § 6,
adopted 11/10/15)
Any petition for recall, initiative, referendum or amendment
of the City Charter must comply with the applicable format contained
in the applicable sections of the California
Elections Code governing
the same matters. In addition, the proponent(s) of any such petition
must comply with all other applicable sections of the California Elections
Code including, but not limited to, any requirements relating to the
filing of a notice of intent to circulate petition, summary and title
prepared by the City Attorney, any publication or posting obligations,
any time limitation for securing signatures, and any filing requirements.
(Prior code § 11213; added
by Ord. No. 1630CCS § 1, adopted 6/9/92; amended by Ord. No. 2519CCS § 1, adopted 6/14/16)
(a) Any committee that is raising or spending funds to support or oppose
an initiative, recall or referendum shall file their financial disclosure
documents electronically with the City Clerk through the City Clerk’s
website, on dates that are within the time period in which signatures
are gathered.
(b) For initiatives and recalls, campaign disclosure statements shall
be electronically filed on the fifteenth day of the signature gathering
period covering days one through ten, on the thirtieth day covering
days eleven through twenty-five, and every thirty days thereafter
for the thirty-day period ending five days earlier through the end
of the signature-gathering period.
(c) For referenda, which have a thirty-day signature gathering period,
campaign disclosure statements shall be electronically filed on the
tenth day of the period covering days one through five, on the twenty-third
day of the period covering days six through twenty, on the seventh
day after the end of the period covering days twenty-one through thirty,
and by the nineteenth day after the end of the period covering the
fourteen days, or two weeks, after the signature gathering period.
(d) Otherwise, campaign statements shall be completed and filed as specified
in State law.
(Added by Ord. No. 2016CCS §
1, adopted 7/24/01; amended by Ord. No. 2499CCS § 5, adopted 11/10/15; Ord. No. 2519CCS § 1,
adopted 6/14/16)
There shall be a two hundred dollar 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.
(Added by Ord. No. 2007CCS §
9, adopted 4/24/01; amended by Ord. No. 2774CCS, 2/13/24)
(a) In order to ensure that any person considering signing an initiative
petition has information about the proposed measure and the initiative
process sufficient to exercise his or her rights in an informed manner,
the City Clerk and City Attorney shall prepare an Initiative Information
Sheet to accompany each petition.
(b) Each Initiative Information Sheet for a particular measure shall
include at least the following:
(1) The ballot title prepared by the City Attorney;
(2) The text of the summary prepared by the City Attorney or a condensed
version of the summary;
(3) Notification of the right to request a copy of the full text of the
proposed measure from the City Clerk;
(4) Notification that the signature gatherer may be compensated for gathering
signatures or may be a volunteer and that the potential signer has
the right to ask whether the gatherer is a volunteer or is being paid;
and
(5) Notification that it is a crime for signature gatherers to misrepresent
the contents of the proposed measure or to refuse to allow the signer
to read the petition or proposed measure.
(c) Each person gathering signatures shall provide copies of the Initiative
Information Sheet to every signer of the petition. In addition, each
person gathering signatures shall make copies of the Initiative Information
Sheet readily available to prospective signer either by offering copies
orally or by displaying them prominently in the same location where
the signatures are being gathered so that signers may readily see
and take them.
(Added by Ord. No. 2014CCS §
1, adopted 7/24/01)
(a) In order to ensure that any person considering signing a nomination
petition has information about the nomination process sufficient to
exercise his or her rights in an informed manner, the City Clerk and
City Attorney shall prepare a Candidate Information Sheet to accompany
each petition for candidacy for a City office.
(b) Each Candidate Information Sheet shall include at least the following:
(1) the nomination process; (2) the requirements for candidacy; and
(3) information about how to withdraw a signature.
(c) Each person gathering signatures shall provide a copy of the Candidate
Information Sheet to every signer of the petition. In addition, each
person gathering signatures shall make copies of the Candidate Information
Sheet readily available to prospective signers either by offering
copies orally or by displaying them prominently in the same location
where the signatures are being gathered so that signers may readily
see and take them.
(Added by Ord. No. 2033CCS §
1, adopted 2/12/02)
The City Council is authorized to set the date of a special
election by resolution. The City Council may set the date of a special
election on an established election date as provided for by the California
Elections Code or on any other date as the City Council may select
as permitted by law.
(Added by Ord. No. 1930CCS §
1, adopted 12/22/98)
(a) At the time of the calling of a special municipal election, the City Council may order that any such election be conducted wholly by mail ballots. If so ordered, such mail ballot elections shall be conducted in accordance with the applicable provisions of Chapter 2 of Division
4 (commencing with Section 4100) of the California
Elections Code, except as otherwise provided in this Section.
(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.
(c) Elections Code Section 4103 shall apply with the added provision
that, at the time of calling an all mail ballot election, the City
Council may change the deadline for the receipt of ballots by the
City Clerk for that election.
(d) Any voter may personally return his or her ballot to the City Clerk’s
office, or the voter may designate and authorize, in the voter’s
own handwriting at the appropriate place on the outside of the ballot
envelope, any adult person other than any candidate for any office
in such election, to deliver the voter’s ballot to the City
Clerk’s office. The City Clerk shall provide the appropriate
form on the ballot envelope for the voter’s handwritten and
signed designation and authorization. The person who delivers any
other voter’s ballot to the City Clerk’s office shall,
at the time of such delivery, present sufficient photographic identification
to prove that he or she is the person who has been expressly designated
and authorized by the voter, and shall personally sign, in the presence
of the City Clerk or the City Clerk’s representatives, a declaration
under penalty of perjury relating to such designation, authorization,
and delivery on a form furnished by the City Clerk’s office.
(e) Elections Code Section 3019 shall apply with the added provision
that the City Clerk may compare a copy of the voter’s signature
produced from the original ballot envelope to the voter’s signature
on the original affidavit, or may arrange with the County Registrar
of Voters to compare such signature copies on the City’s behalf,
and if a ballot shall be rejected on the basis of such comparison
an appropriate notation shall be marked on the original ballot envelope
as required by
Elections Code Section 3019.
(f) In all other respects, a special municipal election conducted wholly
by mail shall be conducted as provided for other municipal elections
in the City.
(Added by Ord. No. 2063CCS §
1, adopted 12/10/02; amended by Ord. No. 2774CCS, 2/13/24)
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.
(Added by Ord. No. 2007CCS §
10, adopted 4/24/01; amended by Ord. No. 2774CCS, 2/13/24)
Any person who is convicted of violating this Chapter shall
be guilty of a misdemeanor and upon conviction shall be punished by
a fine of not greater than one thousand dollars or by imprisonment
in the County Jail for not more than six months, or by both such fine
and imprisonment. Additionally, any person may enforce the provisions
of this Chapter by means of a civil action. The remedies provided
in this Section are not exclusive, and nothing in this Section shall
preclude any person from seeking any other remedies, penalties or
procedures provided by law.
(Added by Ord. No. 2046CCS §
1, adopted 6/25/02)