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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