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Home My WebLink AboutOrdinance No. 2562-2011!tie city of KENAI. ALASKA Sponsored by: Council Member Mike Boyle CITY OF KENAI ORDINANCE NO. 2562 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING SECTION 6.10.010, "NOMINATING PETITIONS," TO DELETE THE REQUIREMENT THAT A PERSON SEEKING TO BE ELECTED TO THE OFFICE OF MAYOR OR COUNCIL MEMBER FILE WITH THE CITY CLERK A PARTIALLY- COMPLETED NOMINATING PETITION INCLUDING INFORMATION OF THE CANDIDATE'S NAME, ADDRESS, AND OFFICE SOUGHT, BEFORE CIRCULATING THE PETITION FOR SIGNATURE. WHEREAS, a person qualified to have their name placed on the ballot as a candidate for Mayor or for City Council Member must file a sworn statement of candidacy and a nominating petition with the City Clerk; and, WHEREAS, City election procedures also require a person considering candidacy for office to pre -file with the City Clerk a partially- completed nominating petition before that person circulates the petition for signatures by the qualified voters; and, WHEREAS, this additional process requiring a partially- completed nominating petition to be filed with the Clerk before circulating the petition for signature poses an unnecessary harrier and /or burden to candidacy for municipal office that is not necessary to preserve the integrity of City elections. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Section 6.10.010 of the Kenai Municipal Code: The Kenai Municipal Code, Section 6.10.010, Nominating petitions, is hereby amended as follows: 6.10.010 Nominating petitions. (a) Any qualified person may have his name placed on the ballot for the election as a candidate for Mayor or Council by filing with the City Clerk, between August 1, and August 15, a sworn statement of his candidacy. If August 15 is not a regular City workday, the filing period shall be extended to the close of business of the next regular City workday. Such sworn statement shall be accompanied by a nominating petition signed by twenty (20) or more registered, qualified City voters as required by the City Charter, Section 10 -3. New Text Underlined • [DELETED TEXT BRACKETED Ordinance No. 2562 -2011 Page 2 of 3 (b) No voter shall sign more than one (1) petition except that a voter may sign as many nominating petitions for councilmen as there are vacancies to be filled; and if a voter signs more petitions than hereby authorized, his signature shall be void except as to the authorized number of petitions first filed. (c) Nomination petitions shall be substantially in the following form: NOMINATING PETITION We, the undersigned twenty (20) electors of the City of Kenai, hereby nominate and sponsor _, whose address is , for the office of , to be voted for at the election to be held on ; and we individually certify that our names presently appear on the rolls of registered voters of the City of Kenai, and that we are qualified to vote for a candidate for an elective municipal office, and that we have not signed any other nominating petition for the particular office this candidate seeks. Check term of office candidate is seeking: One year; Two years; Three years. (Here place lines for signatures, addresses, and dates of signing.) ACCEPTANCE OF NOMINATION I hereby accept the nomination for and agree to serve years if elected. Date Filed: By: Received: City Clerk Signature of Candidate [(D) A COPY OF THE NOMINATING PETITION, WITH THE CANDIDATE'S NAME, ADDRESS AND OFFICE SOUGHT FILLED IN, SHALL BE FILED WITH THE CITY CLERK BEFORE CIRCULATING THE PETITION FOR SIGNATURES.] Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. New Text Underlined; DELETED TEXT BRACKETED] Ordinance No. 2562 -2011 Page 3 of 3 Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption and upon approval of the United States Department of Justice (or notice of its non- objection). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of June, 2011. ATTEST: Corene Hall, CMC, Deputy City Clerk Introduced: June 1, 2011 Adopted: June 15, 2011 Effective: August 8, 2011 New Text Underlined. [DELETED TEXT BRACKETED) KENAI, ALASKA TO: FROM: DATE: June 10, 2011 Village with a Past, Gity with a Fcstrsre" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us MEMO NDUM Mayor and Council Members Carol L. Freas, City Clerk RE: ITEM D -3, ORDINANCE NO. 2562 -2011 Amending Section 6.10.010, "Nominating Petitions," to Delete the Requirement That a Person Seeking to be Elected to the Office of Mayor or Council Member File With the City Clerk a Partially- Completed Nominating Petition Including Information of the Candidate's Name, Address, and Office Sought, Before Circulating the Petition for Signature. The requirement to file a partially - completed nominating petition with the City Clerk assists this office to provide information to the public and news agencies who may call between August 1 -15 asking who has filed and for what office. However, the Office of City Clerk has no objection to Ordinance No. 2562 -2011. clf 'Village with a Past, Cc with a Future" MEMO: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 11111; TO: City Council FROM: Rick Koch DATE: June 9, 2011 SUBJECT: Ordinance No. 2562 -2011, Amending KMC 6.10.10.010 The purpose of this correspondence is to provide Administration's recommendation regarding the above - referenced ordinance. The Administration has no recommendation regarding this ordinance. ,992 Ordinance No. 2562 -2011 Page 3 of 3 Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption and upon approval of the United States Department of Justice (or notice of its non - objection). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of June, 2011. ATTEST: Carol L. Freas, ity Clerk Introduced: June 1, 2011 Adopted: June 15, 2011 Effective: *, 2011 New Text Underlined- [DELETED TEXT BRACKETED]