ORDINANCE NUMBER -2..Q.Q..3~) (City Council Series)

Transcription

1 f:\atty\muni\/aws\mjm\mailinballots-1.wpd City Council Meeting Santa Monica, California ORDINANCE NUMBER -2..Q.Q..3~) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION TO THE SANTA MONICA MUNICIPAL CODE TO ALLOW MAIL IN BALLOTS IN SPECIAL ELECTIONS AND DECLARING THE PRESENCE OF AN EMERGENCY WHEREAS, Santa Monica is a charter city with authority to establish procedures for municipal elections; and WHEREAS, the California Elections Code establishes procedures for all-mail ballot elections; and WHEREAS, Santa Monica has a strong tradition of promoting resident participation in City government; and WHEREAS, all-mail ballot elections promote participation in the democratic process; and WHEREAS, voterturnout for special elections is particularly low even though special elections often decide important issues; and WHEREAS, authorizing all-mail ballot special elections will serve the general welfare by facilitating participation in municipal government; and 1

2 WI-IEREAS, all-mail ballot elections are more economical as well as more convenient than elections conducted at polling sites; and WHEREAS, a measure of significant importance to the community has qualified for a special election which must occur in the next three months; and WHEREAS, absent the immediate adoption of an ordinance establishing procedures which will facilitate voter participation, the turnout for that election may be very low; and WHEREAS, in this time of economic downturn, the cost of a standard special election at polling sites is an expense which the City can and should attempt to reduce by establishing an all-mail ballot election option, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section is hereby added to the Santa Monica Municipal Code to read as follows: Section Mail In Ballots for Special Elections. (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 3008, 3013, 3015 through 3018, and 3020 through 3022 shall not be applicable to City elections 2

3 conducted pursuant to this Section. Chapter 1 of Division 4 of the Elections Code (commencing with Section 4000) and Elections Code Sections 4104 through shall not be applicable to the City electiorls 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, 3

4 (e) Elections Code Section 3019 shall apply with the added provision 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. SECTION 2. This Ordinance is declared to be an urgency measure adopted pursuant to the provisions of Section 615 of the Santa Monica City Charter. As set forth in the findings above, this Ordinance is necessary for preserving the public peace, health, safety, and welfare. 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 4

5 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 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 upon adoption. APPROVED AS TO FORM:.. City Attorney 5

6 Approved and adopted this 10th day of December, ~~ Richard Bloom, Mayor State of California) County of Los Angeles) City of Santa Monica) ss. I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No (CCS) had it's introduction and adoption at the Santa Monica City Council meeting held on December 10, 2002, by the following vote: Ayes: Council members: Feinstein, Katz, Genser, Holbrook, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom Noes: Council members: None Abstain: Council members: None Absent: Council members: None ATTEST: ---~~ Maria M. ~.& Stewart, ~ityclerk ~ -