Loading...
HomeMy WebLinkAbout1975-02-04; City Council; 3282; Candidates' filing fees & Qualification StatementCITY•THE Agenda Bill No. Referred To: OF C A R L S B A CALIF'ORNIA Date: February 4, 1975 Subject: Candidates' Filing Fees and Qualification Statements Submitted By City Clerk J Statement of the Matter The City Attorney, by memoranda, has advised me of some changes in the election law which present some policy questions in regard to filing fees and qualification statements which require a resolution by the City Council, Copies of the City Attorney's memoranda are attached. The first issue for decision is whether or » not the City should retain its $25 'filing fee. If we do so, it will be necessary to amend the ordinance to provide an alter- native to the fee in the form of a petition. It is my recommendation that the fee be retained. At my request, the City Attorney has prepared the necessary ordinance. The second question involves a new state law which now allows the Council by ordinance to increase the seize of the qualifi- cation statement from 200 to 400 words. This is a policy question. If the Council desires to provide for the longer statement, you should direct the City Attorney to prepare and return the necessary ordinance. The same law also allows the Council by ordinance to provide for the inclusion of mate- rials in addition, to the qualification statement in the official ballot mailing. If the Council wishes to exercise this option, again you should instruct the City Attorney to return with the necessary documents. Exhibit 1. City Attorney's memorandum to City Clerk dated December 4, 1974. 2. City Attorney's memorandum to City Clerk dated January 16, 1975. 3. Ordinance No . Staff Recommendations 1. If the Council desires to retain the filing fee, your action is to introduce Ordinance No . // ffj**» If the decision is against a filing fee, your action is to direct the City Attorney to return with an ordinance repealing § 1.12.010 of the Municipal Code. 2. The questions regarding the increase in the length of the statement from 200 to 400 words and whether or not additional material should be included is a policy one for the Council's discretion. If the status quo is desired, no further action is required. If you desire to exercise one or both of the options, your action is to direct the Attorney to return with the necessary documents. AB No. Date City Manager's Recommendation Council Action 1-28-75 Ordinance No. 1175 was introduced for a first reading, amending Section 1.12.010 to provide for the submission of a petition containing signatures of registered voters in lieu of a candidate's filing fee. Further, it was the decision of the Council that the length of the qualification statement remain at 200 words and that - no additional material be allowed in the official ballot mailing. 2-4-75 A second reading was given Ordinance No. 1175 and adopted. -2- MEMORANDUM TO: City Manager City Clerk «-— FROM: City Attorney DATE: December 4, 1974 RE: Filing Fees and Qualification Statements Municipal Code § 1.12.010 provides that a filing fee of $25 is established for candidates seeking election to City office. The California Supreme Court in the case of Knoll v. Davison, 116 Cal. Rptr. 97 (1974), has ruled that such ordinances are unconstitutional. The court holds that a filing fee may be required so long as provisions are also made for a reasonable alternative means of access to the ballot, which is available to all candidates indigent and nonindigent, alike. Prior to the Supreme Court's deci- sion, the California Legislature acted on the same matter which resulted in our filing fee ordinance not only being unconstitutional but also contrary to the newly amended provisions of the elections code. The elections code now provides for the City of Carlsbad that in lieu of paying a filing fee, a candidate may submit a petition containing the signatures of four registered voters for each dollar of the filing fee. 'The Supreme Court in the Knoll decision refrained from expressing any opinion as to the constitu- tionality of the alternative means of ballot access provided by the Legislature. However, it is my opinion that if called upon to do so, they would sustain the Legislature's action. It is therefore now necessary for the City of Carlsbad to act to amend section 1.12.010 to bring it into accord with the new law. This may be done in one of two ways. The section can be repealed altogether eliminating any filing fee and thereby rendering the whole problem moot, or the section must be amended in order to provide the required alternative means of access to the ballot. The choice of which method to use in solving the problem is a policy mat- ter. By separate memorandum I have' previously forwarded a copy of the new legislation to the City Clerk. The meas- ure does contain some other points of interest. The Clerk is obligated to furnish free to each candidate upon request forms for securing signatures. They must be made available at least 30 days before- the first day for the circulation of nomination papers. If a group of signatures is submitted, City Manager City Clerk December 4, 1974 Page Two the Clerk must issue the nomination papers provisionally subject to the checking of the validity of the signatures. The Clerk must then determine the validity of the signa- tures against the affidavits of registration on file. The measure also provides that the State Controller must pay on claim submitted by the City for the increased costs to the City caused by the new signature provision. The claim is to be filed on September 1 of each year. Finally the Act provides that the signatures provided for as an alternative to the filing fee are in addition to any such signatures required for nomination papers. I would appreciate being informed how you wish to proceed on this matter. Once a policy decision is made in that regard, I will promptly prepare the necessary changes to the ordinance. The decision as to whether or not to retain the filing fee and provide the signature alternative or do away with it entirely may be affected by another portion of the Supreme Court's decision in the Knoll v. Davison case. .The court there ruled unconstitutional procedure whereby a candi- date was required to deposit in advance the costs of printing and processing the candidate's statement of qualifications. The lav; in California now requires that the City must publish a candidate's statement of qualifications upon a request to do so. The City may, if it wishes, bill each candidate for his prorata share of the actual costs of printing and hand- ling after the voter's pamphlet has been printed and distrib- uted. The City of Carlsbad had no Municipal Code sections on this matter. However, I am informed by the Clerk that it is our procedure to require a deposit in advance. I have no facts upon which to make a judgment as to the success the City might expect in collecting from unsuccessful candidates after the fact. However, I would expect that we can expect to pay a certain portion of such costs. That being the case the purpose of a filing fee which is to discourage frivolous candidacies may be even more important because the City is -, now responsible for paying the cost of the frivolous candi- date ' s statement of qualifications in the event they are not successful in billing him for it after the election. Given that fact and the fact that we may be able to collect the cost of processing the signatures from the State, it seems to me you might want to give consideration to retaining- the filing fee and amending the section to provide for the signature alternative. VF3:af V' VINCENT F. BIONDO, JR. MEMORANDUM TO: City Clerk FROM: City Attorney DATE: January 16, 1975 RE: Elections—Candidates' Statements of Qualification By previous memorandum dated December 4, 1974 I have advised you in regard to some changes in the law gov- erning filing fees and election qualification statements. This memorandum is to call a further change in the law governing statements of qualifications to your attention. The Legislature in enacting Assembly Bill 3714 amended § 10012.5 of the Elections Code to afford cities local options in regard to matters concerning candidates' state- ment of qualification. The first change in the law provides that the City Council may authorize an increase in the num- ber of words submitted for such statements from 200 to 400 words. Whether or not to exercise this option is purely a policy question. You should consider, however, the change in the law pointed out in my December 4 memorandum which indicated that we may no longer require the candidate to deposit the cost of the statement in advance, but must rely on an after-the-fact billing to recoup our expenses. The second change in the law provides that the City Council may adopt regulations to permit each candidate to prepare separately other materials to be included in the mailing of the sample ballot and voters' pamphlet. These regulations may pertain to seize, weight, form, fiscal composition and content of such other materials, and may specify that the cost of handling, packaging and mailing may be paid by the City or may be billed in whole or in part to the candidate submitting the materials. Again, the question of whether or not to exercise this option and the manner of apportioning the cost is a wholly policy question. If you desire to pursue these matters further, I will be happy to assist in the preparation of any ordi- nances which may be indicated. VINCENT F. BIONDO, JR. VFB:af CD!3 oZ 3 4 5 6 7 8 9 10 11 12 13 14 I "15 1 16 i 17 § 18 CD i i9 ' 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO. 1175 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING § 1.12.010 OF THE CARLSBAD MUNICIPAL CODE TO PROVIDE FOR THE SUBMISSION OF A PETITION CONTAINING SIGNATURES OF REGISTERED VOTERS IN LIEU OF A CANDIDATE.'S FILING FEE. . The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1; Title 1, Chapter 1.12 of the Carlsbad Muni- cipal Code is amended by the amendment of § 1.12.010 to read as follows: "Chapter 1.12 ELECTIONS Sections: 1.12.010 Candidate's filing fee. 1.12.010 Candidate's filing fee. A filing fee of twenty- five dollars is established for candidate's nomination papers for elective offices at municipal elections held in the city of Carlsbad, The filing fee shall be paid to the city clerk by each candidate for an elective office at the time the candi- date's nomination paper is filed with the city clerk. The city clerk shall pay to the city treasurer all fees received which shall be deposited in the general fund.. Notwithstanding the provisions of this section, a candidate may in accord with § 6555 of the Elections tCode in lieu of all or part of'the filing fee submit a petition containing the signatures of four registered voters for each dollar of the filing fee." EFFECTIVE DATE; This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adop- tion. .an adjourned .INTRODUCED AND FIRST READ at / regular meeting of the Carlsbad City Council held on the 28th day of January , 1975, and thereafter PASSED AND ADOPTED at a regular meeting of said Council held on the 4th day of February , 1975, by s UJ £2p O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 | 16 i 17 § 18 OQ i 19 20 21 22 23 24 25 26 27 28 29 30 31 32 the following vote, to wit: AYES: Councilman Frazee, Chase and Skotnicki NOES: Councilman Lewis ABSENT: None ^\// y ff\p*&4~* (~ Or*T<^ ^ ' v ROBERT C. FRAZEE ,^Mayor ATTEST: MARGARET E. ADAMS, City Clerk (SEAL) 2.