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HomeMy WebLinkAbout4/20/2011 - STAFF REPORTS - 3B i ary t vi z. Jay Thompson From: Jay Thompson Sent: Monday, April 18, 2011 4:05 PM To: 'Roxann Ploss' Subject: RE: change in candidacy requirements Roxann, Thank you, the information has been received and will be provided to the City Council prior to hearing the Item. One a point of clarification, so that we are all on the same page. Since you ran for office, the cost of the candidate statement has decreased dramatically, due to changing printers, election systems and other efficiencies. The actual cost is determined by a number of factors, and the number of candidates who choose to provide and pay for statement. In the Nov. 2009 City election, the deposit for a candidate statement was about $500. The actual cost for the highest $$$ candidate statement was approximately $275. Jay James Thompson, City Clerk City of Palm Springs, California TEL (760) 323-8204 From: Roxann Ploss [mailto:riploss@gmail.com] Sent: Friday, April 15, 2011 5.13 PM To: Steve Pougnet; Rick Hutcheson; ginny foat; Chris Mills; Lee Weigel; Jay Thompson Subject: re: change in candidacy requirements Dear Councilmembers (and Mr. City Clerk), As a past candidate, I think raising the required number of signatures is fine; it's an indicator of viability. Heaven knows, you could collect 20 signatures just standing in front of Ralphs for half an hour! However, it presently costs anywhere from $800-1100 to get your name and statement in the voter's guide (your share of the cost of election materials). Further increasing the filing fee would eliminate some qualified candidates. Many dedicated, innovative working parents, for instance, who might run might ALSO find that kind of money unaffordable; you must pay the filing fee BEFORE officially declaring candidacy (which allows you to open a campaign account). Sure, you'll probably be repaid from contributions but putting $2000 out there is hard. I'm a lousy fund-raiser. After writing a personal check for the $1100, 1 then hit up my family and myself for another $10,000. So, before even beginning the real campaign, I'd invested $3600. We raised another (about) $30k which I thought, foolishly, was a perfectly respectable amount to spend on an office "paying" (at A/1 Q/fnl 1 1'CM .3.6 the time) $600 a month. I lost but, at least, I'd been able to run. Charging a higher fee only underscores for others that it's more about money than the quality of ideas or the desire to serve. koxdnn Pioss 4/18/2011 *?ALMS.. ry N U% qtlRAT Fa P cg41FQRN� CITY COUNCIL STAFF REPORT DATE: APRIL 20, 2011 LEGISLATIVE SUBJECT: PROPOSED ORDINANCE ESTABLISHING ELECTION REGULATIONS INCREASING THE NUMBER OF SIGNATURES NEEDED TO QUALIFY TO RUN FOR ELECTIVE OFFICE AND ESTABLISHING A FILING FEE. FROM: David H. Ready, City Manager BY: James Thompson, City Clerk SUMMARY The City Council will consider introducing an Ordinance establishing municipal election regulations pertaining to the number of qualified signatures needed to run for elective office of directly elected Mayor and Member of the City Council. The Ordinance establishes a minimal filing fee, and removes certain sections from the code which are no longer in full force and effect. RECOMMENDATION: 1. Waive reading of the full text of the Ordinance, and introduce by title only. 2. Introduce for first reading Ordinance No. , "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.02 TO, REPEALING SECTIONS 2.04.080 AND 2.04.100 OF THE PALM SPRINGS MUNICIPAL CODE, AND REPEALING UNCODIFIED ORDINANCE NO. 1562, RELATING TO THE CONDUCT OF MUNICIPAL ELECTIONS." STAFF ANALYSIS: In November, 2010 the City Council received and discussed a report from the Ad Hoc City Council Subcommittee, of Councilmember Foat and Councilmember Mills, considering the adoption of six recommendations for municipal election reform. Subsequent to the City Council discussion, the City received varied comments on the proposals, and the preparation of a comprehensive ordinance was delayed. City staff will soon start preparing for the City Council to call the 2011 municipal election, as the candidate filing period starts July 18, 2011. As a first step, staff felt it ITEN4 NO.A-- City Council Staff Report April 20, 2011 -- Page 2 Municipal Elections could bring forth a proposed ordinance increasing the number of signatures required to run for office of the directly elected Mayor and Member of the City Council. Currently, the City has adopted Elections Code § 10220 requiring candidates to be nominated to run for elective office by obtaining signatures of not less than 20 nor more than 30 qualified voters in the City. The proposed ordinance increases the number of qualified voters to not less than 200 nor more than 250 qualified voters in the City. Increasing the number of requisite signatures would indicate a qualified base of community support to signify a qualified candidate. Additionally, increasing the number of signatures required may further the electoral process by providing additional focus on each candidate accurately depicting one's residency. Currently a nomination paper must be circulation by only one person. The proposed ordinance requires election official bifurcate the nomination paper into five sections with fifty signatures in each section; provides that one person can circulation a section, thereby allowing for five circulators. The ordinance enacts a minimal filing fee to partially offset the cost to the City of processing a candidate nomination paper as discussed below in the fiscal impact section of this report. The proposed ordinance merely recodifies but does not modify Section 2.04.080 into the newly created Chapter 2.02, to provide that all election regulations are appropriately arranged. Finally, the ordinance repeals prior code regulations from 1997 and 1998, which were enacted by Statewide Proposition 208 pertaining to voluntary ceiling limits, subsequently invalidated by the Courts, and should have been removed from the code. The City Council adopted Ordinance No. 1544 adding § 2.04.100 to the Palm Springs Municipal Code, and subsequently adopted Ordinance No. 1562, suspending the previous provisions, pending judicial review of Proposition 208. ALTERNATIVES: The City Council previously discussed six recommendations made by the City Council Ad Hoc Subcommittee. The City Council may direct staff as appropriate with further regulations as necessitated. FISCAL IMPACT: Currently the City does not charge a filing fee, and the City bears the full cost of processing a candidate nomination paper. The proposed ordinance establishes a filing fee of $150.00 for a nomination paper and $75.00 for a supplemental nomination paper 2 City Council Staff Report April 20, 2011 -- Page 3 Municipal Elections if required. This filing fee is proportionate to the costs of processing a candidate's nomination papers. The City currently is required to pay Riverside County fifty-cents for each signature verified. 250 signatures required on a nomination paper is $125.00 and $25.00 administration fee that will partially cover the cost of staff time validating and processing a candidate's nomination paper. DAMES THOMPSON, CITY CLERK DAVID H. READY, NAGER ORDINANCE APPROVED TO FORM: DOUGLIAS C. HOLLAND, City Attorney Attachments: Proposed Ordinance November 2010 Subcommittee Report ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.02 TO, REPEALING SECTIONS 2.04.080 AND 2.04.100 OF THE PALM SPRINGS MUNICIPAL CODE, AND REPEALING UNCODIFIED ORDINANCE NO. 1562, RELATING TO THE CONDUCT OF MUNICIPAL ELECTIONS. City Attorney Summary Currently the City has adopted Cal. Elections Code § 10220 requiring candidates to be nominated to run for the office of Mayor or Member of the City Council by obtaining signatures of not less than 20 nor more than 30 qualified voters in the City. This Ordinance increases the number of qualified voters to not less than 200 nor more than 250 to be nominated for elective office, and includes minor administrative actions. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS: A. Section 802 of Article VIII of the City of Palm Springs Charter provides the City Council may by ordinance enact procedures for the conduct of municipal elections. B. Section 5(b) of Article XI of the California Constitution allows Charter Cities to provide for the conduct of city elections and recognizes that regulations for the conduct of local elections is a matter of local concern. C. The City Council desires to increase the number of requisite signatures to be nominated for all city elective offices to further the electoral process from impropriety and/or the appearance of impropriety. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS HEREBY ORDAINS: SECTION 1. Chapter 2.02 of Title 2 of the Palm Springs Municipal Code is hereby added to read as follows: Chapter 2.02 MUNICIPAL ELECTIONS Section 2.02.010 General Municipal Elections. Section 2.02.020 Method of Nomination for Elective Office. Section 2.02.030 Signatures, Nomination Papers. Section 2.02.031 Affidavit of Circulator. Section 2.02.035 Filing Fee. 4 Ordinance Page 2 2.02.010 General Municipal Elections. The Palm Springs general municipal elections shall be consolidated with established election dates and shall be held on the first Tuesday following the first Monday of November of each odd-numbered year. 2.02.020 Method of Nomination for Elective Office. The provisions of Cal. Elections Code § 10220 shall apply to candidates for any of the elective offices in the City except as follows: (a) Each candidate shall be proposed by not less than 200 nor more than 250 voters in the City, but only one candidate may be named in any one Nomination Paper. (b) Only one person may circulate each Section of a Nomination Paper. 2.02.030 Signatures, Nomination Papers. The provisions of Cal. Elections Code § 10221 shall apply with respect to the signatures on Nomination. Papers except as follows: (a) The City Elections Official shall provide for five (5) Sections to a Nomination Paper. Each Section of a Nomination Paper shall provide for 50 signatures. (b) Except as provided in subdivision (b) § 10221 of Cal. Elections Code, the signatures to each Section of a Nomination Paper shall be appended on the same sheet of paper. 2.02.031 Affidavit of circulator. The provisions of Cal. Elections Code § 10222 pertaining to the affidavit of circulator, shall apply to each Section of a Nomination Paper. 2.02.035 Filing Fee. (a) A filing fee of $150.00 is hereby imposed for processing a candidate's Nomination Paper. (b) A filing fee of $75.00 is hereby imposed for processing a candidate's supplemental Nomination Paper filed pursuant to subdivision (b) of § 10221 of the Cal. Elections Code. SECTION 2. Section 2.04.080 of the Palm Springs Municipal Code is repealed. SECTION 3. Section 2.04.100 of the Palm Springs Municipal Code, pertaining to voluntary expenditure ceiling, is repealed. SECTION 4. Ordinance No. 1562, suspending the provisions of Section 2.04.100 of the Palm Springs Municipal Code, is repealed. J Ordinance Page 3 SECTION 5. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS DAY OF , 2011. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on , and adopted at a regular meeting of the City Council held on by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California ELECTION CAMPAIGN FINANCE REFORM CITY OF PALM SPRINGS, CALIFORNIA A. �?A,M Spy tr u x h CITY COUNCIL DISCUSSION November 3, 2010 City Council Subcommittee Members Ginny Foat, Councilmember Chris Mills, Councilmember City Staff Liaisons Douglas Holland, City Attorney James Thompson, City Clerk 7 RECOMMENDATIONS The City Council Subcommittee recommends that the City Council direct staff to prepare a local elections ordinance with the following provisions: (i) Requires candidates to provide "proof of residency" at the time of pulling Nomination Papers; (ii) Establishes a process and criteria for qualified candidates to post on the City's website a biographical statement for all qualified candidates, at the close of the nomination period; (iii) Requires a candidate to obtain not less than 200, nor more than 250, signatures for nomination.; (iv) Provides for all candidates to file a Candidate Statement to be printed in the sample ballot, and incorporate the costs into the filing fee; (v) Establishes a filing fee for all candidates filing a Nomination Paper, proportionate to the costs of processing a candidate nomination paper and candidate statement; (vi) Authority for staff to waive City fees for use of Council Chamber and limited access to public access television staff for limited qualified candidate debate(s) during the election cycle. INTRODUCTION In February 2009, the City Council Ad Hoc Subcommittee of Mayor Pro Tern Hutcheson and Councilmember Weigel made recommendations to the City Council with respect to Campaign Finance Reform, for Palm Springs local elections for the directly - 1 - elected Mayor and Members of the City Council. At that time, the City Council could not reach a consensus on Campaign Finance Reform proposals. In 2010 the City Council appointed Councilmember Foat and Councilmember Mills, as their term is not up for election in 2011, to serve as an ad hoc subcommittee to further study Election and Campaign Finance Reform proposals. Campaign funds enable candidates to disseminate their messages and communicate with voters. Campaign finance laws are typically advanced to promote more open, honest, and accountable government. In addition, certain techniques are emphasized as a means to achieving the constitutional ideal of political equality. As a result of the current economy, the City Council Ad Hoc Subcommittee was not supportive of techniques of limiting campaign contributions or voluntary expenditure limits. Unless strict limits were set, such limitations would only affect a very small percentage of campaign donors, which would not reduce any perceived special interest influence without restricting political free speech. Notwithstanding the above, the Subcommittee was supportive of recommending other election reforms. Article VIII of the City of Palm Springs Charter, adopted by a vote of the people in 1994, reserves to the voters the setting of the regular municipal election date, and the powers of initiative and referendum and the recall of municipal elective officers. However, Section 802 of the City Charter provides the City Council may by ordinance enact further procedures for the conduct of municipal elections. Section 5(b) of Article XI of the California Constitution allows Charter Cities to provide for government within the city, and the conduct of city elections. In other words, the City - 2 - may enact regulations for the conduct of local elections as a matter of local concern, consistent with the "municipal affairs" doctrine, so long as such regulations do not disenfranchise a qualified candidate from running for local office, or abridge any constitutional privilege. DISCUSSION POINTS Proof of Residency Should the City of Palm Springs require "Proof of Residency" to pull a Nomination Paper to run for municipal elective office? Currently, to hold elective office in the City of Palm Springs, a person must be at the time of assuming office an elector of the City, and must have been a registered voter of the City at the time the nomination papers were issued. As a matter of fact, several candidates file a Voter Registration Form at the time they pull their Nomination Papers. The election official may only determine status by checking for voter registration. As Palm Springs is in-part a seasonal community and voter registration may not accurately depict one's residency, as evidenced by a recent criminal case filed against a candidate for voter fraud and perjury. The Subcommittee recommends candidates provide "proof of residency" sufficient to the election official to determine residency. Such proof may be in the form as a California issued driver license, California issued ID card, passport, utility bill, mortgage statement, lease agreement, or a combination of such documents to document bona fide residency in the City of Palm Springs. Additionally, an appeal process would be provided, should the election official not be able to make a clear and final determination on residency based on the documents provided by the candidate. _ 3 _ 1. 0 Candidate Biogral2hical Statement Should the City require and/or accept a biographical statement from each candidate (or similar qualification document at least as detailed as the City's Commissioner Application), that would be posted on the City's website? Candidates are eager to communicate with voters in a cost effective manner and voters want more objective information about candidates. The Subcommittee recommends that additional information be accepted from qualified candidates and posted on the City's website at the close of the nomination period. The Subcommittee anticipates that additional regulations regarding such information would be developed by the election official for adoption by the City Council, similar to the current restrictions and limitations applicable to candidate statements. Required Signatures for Nomination Should the City enact regulations more restrictive than the California Election Code for the number of signatures required to be nominated for public office? The Subcommittee recommends the City enact requirements that provide that each candidate obtain not less than 200, nor more than 250 signatures of qualified electors. Currently, a candidate is only required to secure 20 signatures. The Subcommittee believes that the proposed requirement would indicate a qualified base of community support to signify a qualified candidate. The Subcommittee recommends that additional regulations such as the ability for more than one person to circulate a Nomination Paper would be developed by the election official for adoption by the City Council. - 4 - q s„Statement Required Candidates ate, Should the City require all candidates to submit a candidate statement for printing in the Sample Ballot, mailed to all voters? One of the most important tools for public participation and education in the election process is providing as much information to the electorate, which would allow voters to identify the interests to which the candidates are likely to be responsive. The Subcommittee recommends that each candidate be required to file a candidate statement as part of the nomination process. The cost of the required candidate statement would be calculated into the filing fee as discussed below. Candidate Filing Fee Should the City of Palm Springs charge a filing fee? Currently, the City does not charge a filing fee for nomination documents. Should the City enact regulations requiring additional signatures, the cost of verifying a nomination paper would increase dramatically. Additionally, the City would include the cost of the required Candidate Statement in the filing fee. The Subcommittee recommends the City charge a fee to file, not to exceed the cost of providing the service.1 Waiver of Use Fees In past elections, the Palm Springs Chamber of Commerce Sponsors a televised candidate debate. The Subcommittee recommends the City Council enable provisions for the waiver of fees for use of City facilities for a limited number of candidate debates A time and materials study would have to be prepared to calculate the filing fee. At first blush the City Clerk estimates the filing fee would be approximately$750 to include: nomination paper review, signature verification, and review,translation, and printing the candidate statement in the Sample Ballot. - 5 - 12 during the election cycle. Additional regulations would be developed by the election official for approval by the City Council to qualify the waiver of fees for the use of a City facility for a candidate debate. CONCLUSION The proposals outlined in this Report are made sufficiently in advance of the 2011 City of Palm Springs election cycle that will ensure that any approaches the City Council may adopt can be fully implemented and any prospective candidate can be appropriately informed of any changes and requirements. The Subcommittee believes that the City Council has a unique opportunity to adopt meaningful election reform, and encourages the Members of the City Council to direct the preparation of a local election ordinance consistent with the concepts and approaches provided in this Report and as may be augmented through collective deliberation. - 6 - 13