HomeMy WebLinkAboutORD NO 2256EMERGENCY ORDINANCE NO. 2256 NEW SERIES
AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE CITY
OF BAKERSFIELD AMENDING SECTIONS 4.06.040, 4.06.060,
4.06.100, 4.10.080, 4.10.110, 4.16.030 AND 4.16.110
OF TITLE 4 OF THE MUNICIPAL CODE, CONCERNING ORDER
OF NAMES ON BALLOTS, FILING FEES FOR CANDIDATES FOR
OFFICE AND RESIDENCY REQUIREMENTS FOR CANDIDATES FOR
OFFICE.
Gould vs.
requiring
WHEREAS, the Supreme Court of California, in the case of
Grubb, has recently held that a city charter provision
that incumbents' names be placed on the top of election
ballots is in violation of the equal protection clause of the U.S.
Constitution; and
WHEREAS, the Supreme Court of California, i~L the case of
Knoll vs. Davidson has recently held that any law which requires
a candidate for public office to pay a filing fee as the exclusive
means of securing a place on an election ballot violates the equal
protection clause of the Uo S. Constitution and that some reasonable
alternative means of access to the ballot must be provided; and
WHEREAS, in the recent case of Johnson vs. Hamilton the
California Supreme Court held unconstitutional any law requiring
a candidate for local office to be a resident of the jurisdiction
for longer than 30 days prior to the date the candidate files
nominating papers; and
WHEREAS, provisions of the Municipal Code of the City of
Bakersfield require the incumbent's name to be at the top of the
ballot at each election, requires a candidate's filing fee with
no alternative access to the ballot and requires a candidate for
office to be a resident for longer than 30 days; and
WHEREAS, this Council, for the immediate preservation of
the public health, peace, property or safety, desires to amend
sections of the Municipal Code to conform to the mandates of the
California Supreme Court, in order that such amendments will be
effective for the June 8, 1976, election and the nominating process
which must precede such election.
NOW, THEREFORE, BE IT ORDAINED by the Council of the
City of Bakersfield as follows:
SECTION 1.
That Section 4.06.040 of Chapter 4°06 of Title 4 of the
Municipal Code of the City of Bakersfield is hereby amended to read
as follows:
4.06.040 Time For Presenting Petition For Nomination and Declara-
tion of Candidacy; Filing Fee.
A. A petition for nomination for any one candidate for Mayor
may be presented to the Clerk not earlier than one hundred twenty-
four days, nor later than ninety-nine days before the date of
election. The Clerk shall endorse thereon the day, hour and minute
when the petition was presented to him and shall not accept any
petition after 5 P.M., on the ninety-ninth day; provided, that if
such day is a Saturday, Sunday or other legal holiday, no petition
for nomination shall be accepted after 5 P.M., on the preceding
business day.
B. The candidate, not later than the first presentation to
the Clerk of his petition of nomination, and not earlier than thirty
days before such presentation, shall file with the Clerk a declara-
tion of his candidacy, in the form set out in Section 68 of the
Bakersfield City Charter.
Co All candidates for Mayor shall pay a filing fee of twenty-
five dollars to be paid upon the first presentation of the petition
of nomination.
D. Notwithstanding the provision of subsection C, a candidate
may submit, in addition to the required individual certificates, a
separate petition containing four signatures of registered voters
entitled to vote for the candidate, for each dollar of the filing
fee, in lieu of the filing fee. At the time of the first presenta-
tion of the petition of nomination, the candidate shall pay any
portion of the fee not credited to the candidate by virtue of the
separate petition he presents. A candidate may submit the appro-
priate number of signatures to cover all or any pro rata portion
of the filing fee.
Eo The separate petition for which credit may be given under
subsection D shall be on a form furnished by the City Clerk and
shall read substantially as follows:
Petition in Lieu of Filing Fee
I, the undersigned, certify that I do hereby join in a petition
in lieu of filing fee, for the nomination of
to be voted for at the forthcoming election, for the office of
; that I believe he is fully qualified
for said office, and should be elected thereto; and I further
certify that I am a qualified elector, and am not a signer of any
other petition nominating any candidate for the above-named office.
Signature
Printed Name
Residence Address
Date of Signing
Fo The City Council reserves the right to waive filing fees
for all candidates.
SECTION 2.
That Section 4.06.060 of Chapter 4.06 of Title 4 of the
Municipal Code of the City of Bakersfield is hereby amended to
read as follows:
4o06~060 Qualification of Mayor. A person is not eligible to
hold office as Mayor unless he is at the time of assuming such
office an elector of the City, and was a registered voter of the
City at the time nomination papers are issued to the candidate as
provided for in Section 22842 of the Elections Code as it may be
amended from time to time.
SECTION 3.
That Section 4.06.100 of Chapter 4.06 of Title 4 of the
Municipal Code of the City of Bakersfield is hereby amended to
read as follows:
4.06o100 Order of Names on Ballot. The names of the candidates
for the office of Mayor shall be arranged on the ballot in accord-
ance with the Secretary of State's drawing of the letters of the
alphabet, known as a randomized alphabet, as provided for in
Section 10217 of the Elections Code as amended from time to time°
SECTION 4o
That Section 4.10.080 of Chapter 4.10 of Title 4 of the
Municipal Code of the City of Bakersfield is hereby amended to
read as follows:
4.10.080 Time For Presenting Petition For Nomination; Filing
Fee°
Ao A petition for nomination consisting of not less than
twenty-five nor more than fifty individual certificates may be
presented to the Clerk not earlier than ninety days, nor later than
sixty days before the date set for the special election. The
Clerk shall endorse thereon the day, hour and minute when the
petition was presented to him.
B. All candidates to fill a vacancy in the office of Council-
man shall pay a filing fee of twenty-five dollars, to be paid upon
the first presentation of the petition of nomination.
C. Notwithstanding the provision of subsection B, a candidate
may submit, in addition to the required individual certificates,
a separate petition containing four signatures of registered voters
entitled to vote for the candidate for each dollar of the filing
fee, in lieu of the filing fee. At the time of the first presenta-
tion of the petition of nomination, the candidate shall pay any
portion of the fee not credited to the candidate by virtue of the
separate petition he presents. A candidate may submit the appro-
priate number of signatures to cover all or any pro rata portion
of the filing fee.
Do The separate petition for which credit may be given under
subsection C shall be on a form furnished by the City Clerk and
shall read substantially as follows:
Petition in Lieu of Filing Fee
I, the undersigned, certify that I do hereby join in a petition
in lieu of filing fee, for the nomination of ,
to be voted for at the forthcoming election, for the office of
; that I believe he is fully qualified for
said office, and should be elected thereto; and I further certify
that I am a qualified elector, and am not a signer of any other
petition nominating any candidate for the above-named office.
Signature
Printed Name
Residence Address Date of Signing
E. The City Council reserves the right to waive filing fees
for all candidates.
SECTION 5.
That Section 4.10.110 of Chapter 4.10 of Title 4 of the
Municipal Code of the City of Bakersfield is hereby amended to read
as follows:
4.10.110 Names on Ballot and Order. Whenever anyone has quali-
fied as a candidate for a special election his name shall be printed
upon the ballot for the primary election unless he has died and
that fact has been ascertained by the officer charged with the duty
of printing the ballot at least 40 days before the day of the elec-
tion. The names of the candidates for the office of C:ouncilman
shall be arranged on the ballot in accordance with the Secretary
of State's drawing of the letters of the alphabet, known as a ran-
domized alphabet, as provided in Section 10217.5 of the Elections
Code as amended from time to time°
SECTION 6.
That Section 4.16.030 of Chapter 4.16 of Title 4 of the
Municipal Code of the City of Bakersfield is hereby amended to read
as follows:
4.16.030 Petition For Nomination; Filing Fee.
A. A petition for nomination, consisting of not less than
twenty-five nor more than fifty individual certificates for any
one candidate, shall be presented to the Clerk not earlier than
ninety days nor later than sixty days before the nominating elec-
tion. The Clerk shall endorse thereon the day, hour and minute when
the petition was presented to him.
B. All candidates for Councilman shall pay a filing fee of
twenty-five dollars to be paid upon the first presentation of the
petition of nomination.
C. Notwithstanding the provision of subsection B, a candidate
may submit, in addition to the required individual certificates,
a separate petition containing four signatures of registered voters
entitled to vote for the candidate for each dollar of the filing
fee, in lieu of the filing fee. At the time of the first presenta-
tion of the petition of nomination, the candidate shall pay any
portion of the fee not credited to the candidate by virtue of the
separate petition he presents. A candidate may submit the appro-
priate number of signatures to cover all or any pro rata portion
of the filing fee.
D~ The separate petition for which credit may be given under
subsection C shall be on a form furnished by the City Clerk and
shall read substantially as follows:
Petition in Lieu of Filing Fee
I, the undersigned, certify that I do hereby join in a petition
in lieu of filing fee, for the nomination of ,
to be voted for at the forthcoming election, for the office of
; that I believe he is fully qualified for
said office, and should be elected thereto; and I further certify
that I am a qualified elector, and am not a signer of any other
petition nominating any candidate for the above-named office.
Signature
Printed Name
Residence Address
Date of Signing
E. The City Council reserves the right to waive filing fees
for all candidates°
SECTION 7.
That Section 4.16.110 of Chapter 4.16 of Title 4 of the
Municipal Code of the City of Bakersfield is hereby amended to read
as follows:
4.16.110 Qualification of Councilmen. A person is not eligible
to hold office as councilman unless he is otherwise qualified,
resides in the ward and both resided in the geographical area
making up the ward from which he is elected and was a registered
voter of the City at the time nomination papers are issued to the
candidate as provided for in Section 22842 of the Elections Code
as it may be amended from time to time.
SECTION 8.
This ordinance is an emergency ordinance under Section
24 of the City Charter and shall become effective immediately°
.......... o0o ..........
I HEREBY CERTIFY that the foregoing emergency ordinance
was passed and adopted by the Council of the City of Bakersfield
at a regular meeting thereof held on the 5th day of January
1976, by the following vote:
· ~ "' ?-?' D .......F_., ~ ...........I~CDDE~, ROG~.R$, $CE. AL~, $TRONa
CITY RK ficio Clerk of the
Council of the ty of Bakersfield
A pP_/~this 5t__~h d~/of January
~rsfield
, 19 76
APPROVED as to folnn:
: ,, ::
'~/~":.'~ of ,~e City of Bakersfield
C ITYATTORN Y
of ost ng r uau es
STATE OF CALIFORNIA, f
C~unty of Kern ss.
H. E. BERGEN, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that on ..........................................4.~.~.~..a....r..y.......8.. ..................................................19..Z.6..... he posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on .......... ..J....a....n...~.~..~y_....5. ...................................., 19.7..§.__, which ordinance
was numbered ......... 2.2.56 New Series, and entitled:
AN EI~ERGENCY ORDINANCE OF THE COUNCIL OF THE CITY
OF BAKERSFIELD A~NDING SECTIONS 4.06. 040, 4.06. 060,
4.06.100, 4.10.080, 4.10.110, 4.16.030 AND 4.16.110
OF TITLE 4 OF TI-~ MUNICIPAL CODE, CONCERNING ORDER
OF NAMES ON BALLOTS, FILING FEES FOR CANDIDATES FOR
OFFICE AND RESIDENCY REOUIREI~NTS FOR CANDIDATES FOR
OFF ICE.
C~ty 01 :e/k
Subscribed and sworn to before me this