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Home My WebLink About28-City Administrator CI1'Y- OF SAN BERtODINO - REQUEST OR COUNCIL ACTION _.- From: JAMj;:S E. ROBBINS Acting City Administrator Subject: Resolution establishing privileges of voters. Dept: DIt8: 2/10/89 Synopsis of Previous Council action: None Recommended motion: Adopt resolution. I-~ 1Ju~~ Signature Contact person: James Robbins Phone: 5122 Supporting data attached: yes Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Descriotionl Finance: Council Notes: ..."" n"",," Agenda Item No. 01.. r CITY ~OF SAN 8ERN~DINO - REQUEST FQ. COUNCIL ACTION STAFF REPORT The proposed resolution is consistent with 14350 and 14351 of the state Elections Code. Section 14352 provides that these sections apply to all public agencies. The state provisions only resolution would apply to statewide or national. apply to state elections. This all elections as set forth, City, It is clear that an employee could avail themselves of the absentee ballot process; however, the State Code does not make note of that possibility. You may wish to add by interdeliniation, "Employees will be advised of the absentee ballot process." It is respectfully recommended that you adopt the resolution. 4/lDk., 75.0264 ,...., '-" -... -.../ RESOLUTION NO. 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING THE PRIVILEGES OF VOTERS AS SET FOR IN THE 3 CONDUCT OF ELECTIONS CODE. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 7 8 SECTION 1. EmDlovees' time off to vote If a voter does not have sufficient time outside of working hours to vote at a City, statewide or national election, the voter may, without loss of pay, take off 9 enough working time which when added to the voting time 10 available outside of working hours will enable the voter 11 to vote. 12 No more than two hours of the time taken off for 13 voting shall be without loss of pay. The time off for 14 voting shall be only at the beginning or end of the 15 regular 16 time for 17 working 18 working shift, whichever allows the most free voting and the least time off from the regular shift, unless otherwise mutually agreed. If the employee on the third working day prior to 19 the day of election, knows or has reason to believe that 20 time off will be necessary to be able to vote on election 21 day, the employee shall give the supervisor at least two 22 23 24 25 26 27 28 working days written notice that time off for voting is desired. SECTION 2. EmDlovers' notice: Dostina Not less than 10 days before every city, statewide national election, the City shall keep posted or conspicuously at the place of work, if practicable, or ,..'" ,.-.'", '-' ,-,,' 1 elsewhere where it can be serve as the employees come or 2 go to their places of work, a notice setting forth the 3 provisions of section 1 above. 4 I HEREBY CERTIFY that the foregoing resolution was 5 duly adopted by the Mayor and Common Council of the city 6 of San Bernardino at a meeting thereof, held day of , 1989 by the following 7 on the 8 vote, to wit: 9 10 AYES: 11 NAYS: 12 ABSENT: 13 14 15 16 17 18 19 City Clerk The foregoing resolution is hereby approved this day of , 1989. EVLYN WILCOX, Mayor 20 city of San Bernardino Approved as to form 21 and legal content: 22 23 24 25 26 27 28 '7.~ Attorney , . . ..-.. - '-' Chapter 3. PrIvIleges of Voters 14350. ....; J 10. CONDUCT OF ElECTIONS . . -egu1ations for purposes of as- from any of the containers, place all of the unused ballots Into a spedal CXlntainer provided for that purpose. A tamperproof seal containing spaces for entering the tota1 number of unused ballots enclosed, the beginnlng and ending serial numbers thereof and signature lines for all members of the precinct board following a state- ment certifying that all of the ballots were placed in the container in their presence and the Information on the seal Is true and correct shall be provided. After signing the seal, it shall be placed on the container in a manner that the container cannot be opened without tearing the seal. (A1rremkd by SlIIts.1988, c. 329, ~J 14305. Reconcl1lation of ballots. The members of theprednct boardshali accountfor the ballots delivered to them by returning a sufficient number of unused ballots to make up, when added to the number of official ballots cast and the number of spoiled and canceled ballots returned, the number of ballots given to them. The officers receiving returned bal- lots shall CXlmpel such an accounting. The precinct board shall CXlmp1ete the roster as required in Section 14005.5, and shall also CXlmplete and sign the certificate of performance presalbed in Section 17013, if that section applies. (A1rremkd by SlIIts. 1987, c. 993, ~12J 14306. Destruction of unused ballots by clerk. (a) Immediately upon the arrival of the hour when the polls are required by law to be closed on election day, the clerk CXlnducting the election, shall openly, in the clerk's main office, in the presence of any persons who are present to observe, ac- cording to the procedure set forth in either Section 14303 or 14304, proceed to deface every unused ballot remaining in the CXlntrol of the clerk. The clerk shall forthwith make and file an affidavit, in writing, as to the number of ballots destroyed. (b) In lieu of the procedure provided for in subdivision (a), the clerk may follow the procedure set forth in subdivision (b) of Section 14304, except that the taml""l"oof seal shall be signed by the clerk and at least one deputy or assistant clerk or registrar. The sealed container shall then be placed \vith the sealed am- tainers amtaining unused ballots from the precincts in a security area by the clerk until disposition Is made pursuant to Section 14810 or 14811. (Arnendat by SlIIts. 1988, c. 329, ~7 J Chapter 3. Privileges of voters 14350. Time off forvoting. . if a voter does not have sufficient time outside of working hours to vote at a statewide election, the voter may, withoutlossofpay, take offenough working time which when added to the voting time available outside of working hours wi1l enable the voter to vote. No more than two hours of the time taken off for voting shall be without loss of pay. The time off for voting shall be only at the beginning or end of the regu1ar working shift, whichever allows the most free time for voting and the least time off from the regular working shift, unless otherwise mutually agreed. if the employee on the third working day prior to the day of election,.knows or has reason to believe that time off will be necessary to be able to vote on election ~y, the employee shall give the employer at least two working days' notice that lime off for voting Is desired, in accordance with the provisions of this section. (AddtJi by SlIIts.1976, c. 220, ~.) I . cribed in Section 804. This see- :ion 1012 who Is unable to sur- =lai cha1len~ ballot" may be i voter a ballot, because there the clerk shall deliver to the voters can cast their ballots by 'olls l shall be present at the closing all proc1aln\ that fact aloud at . :It shall be received. However, . \ the polling place, or in line at' ~ able to do so since appear- ; enable them to vote. . jj . ..~. 'oj e time provided for c1osing\\!! polls are open when the~. lots. 4303 the unused ballotS . it Is apparent that the . ne alternate method of des. the serial number of the.. . 331 1989 ~ -. ,.-""- 1&1. -' DIVISION 10, CONDUCT OF ElECTIONS Chap 14351. Time off for voting; post provlaicms. Not less than 10 days beforeevery statewide election, every employer shalllceep " posted oonspicuousJy at the place of work, If practicable, or eIsewlse where It C8J\ be seen as employees come or go to their place of work, a notice setting forth '~' ' provisions of Section 14350. " (/ufdd by 51111..1976, c. 220, 68J 14352. Time off for voting; application of provlaicms. The provisions of Sections 14350 and 14351 shall apply to all public agencies and ' " the employees thereof, as well as to employers and employees In private Industry:: (/ufdd by 5111ls.1976, c. 220, 68J t, 14353. Privileged &om arresL Except for a feJony, every voter is privileged from arrestwhile at, or while to and returning from, his or her polling place on any election day. (/ufdd by 5111ts.1976, c. 220, 68.) 14354. Militia duty. Except in time of war or public danger, no voter is obliged to perro.Ul duty on any election day. (/ufdd by 5111ts.1976, c. 220,68J Chapter 4. Regulation at the Polls . 14400. Persons permitted within voting area. .~= Only voters engaged in receiving, preparing, or depositing their ballota and' , sons authorized by the precinct board to keep order and enforce the law pennltted to be within the voting booth area before the closing of the poIJs. , (/ufdd by 51111..1976, c. 220, ~9J~, 14400.L Voter accompanied by chUdren within voting booth. ....,.1 Nothing alntained in this code shall prevent a voter from being , by a chlld or chlldren who are under the age of 13 years while the voter ii, the voting booth area provided that (1) the chlld or chlldren are under the' . care and (2) the voter is unable to find an alternative method of temporuy . the chlld or chlldren during the time that the voter is voting. . " (Added by 5111ts.1984, c. 473, ~2.) 14401. Persons permitted to sit at desk or table. Only members of the precinct board and persons while signing their' the roster, shall be pennltted during the hOUlll within which voting is In to sit at the desk or table used by the precinct board. Any person may inspect the roster while voting is In progress and are being alunted. However, this shall not be done at a time or In a will Impede, interfere or interrupt the normal process of voting." ,,~ . (Added by 5111ts.1976, c. 220, ~9.) 14402. Voting booth occupancy. Except as provided in Section 14400.1, voting booths or com be occupied by more than one person at a lime, unJess the voter is the assisted-voter provisions. Voters shall not remain in or occupy theo compartments 10nger than is necessary to mark their ballots, whichshaJJ. ' 10 minutes; provided, however, that where no other voter would< venienced, a longer period shall be allowed. ' " (Amended by 51ats. 1984, c. 473, g3.) 14403 M. lot fro byan not ap (Ad 14404- ApI sation ( shall no any alee (Ame 1989 332 -- - if[ "'I'/O'!US -r;,.,c. ,(1 rD ;/.rc.- S<~ c./S.O t'-/3$/ Chapter 3 PRIVILEGES OF VOTERS Sec. 14350. Employees' time off to vote. 14351. Employers' notice; posting. 14352. Public employees' time off to vote; posting of notice. 14353. Arrest. 14354. Militia duty. Chapter 3 was added by Stat8.1976, c. 220, ~ 8. i Former Chapter 3, CQ8ting of Ballot8, enacted by Stats. t ' c. 23, p. 767, ~ 3, comprising ~ ~ 14400 to 14439, was r~ I y) ~d by Stat8.1976, c. 220, ~ 7. ,~~~ ~ 14350. Employees' time oft to vote voter does not have sufficient time outside of working hours to vote at statewi e election, the voter may, without loss of pay, take off enoug or mg time which when added to the voting time available outside of working hours will enable the voter to vote. No more than two hours of the time taken off for voting shall be without loss of pay. The time off for voting shall be only at the be- ginning or end of the regular working shift, whichever allows the most free time for voting and the least time off from the regular working shift, unless otherwise mutually agreed. If the employee on the third working day prior to the day of election, knows or has reason to believe that time off will be neces- sary to be able to vote on election day, the. employee shall give the employer at least two working days' notice that time off for voting is desired, in accordance with the provisions of this section. (Added by Stats.1976. c. 220. ~ 8.) Historical Note 398, II. 771, * 3. aR amended by Stats. 1911. Ex.Sess.. c. 17. II. 67. t 2. ~tnts.1013. c. 690. II. 13i9. * 1; Stats. 1917. c. 711, II. 1342. * 1; :ottats.l929. c. ;;3. I'. 121. * I; . Htnt..1937. c. 398. p. 1219. ! I. . Ht.t,.1913. c. 690. p. 13l!2. ! 3. Derivation: Former * 14400. enacted by Stats.l00l. c. 23, II. 767. * 14-100. Elec.C.1939. * 569D (addetl by Stats. 1953. ('. 1~51. II. 36-1-3. ~ 2. amended by ~tats.1957. c. ~o~. p. 3596. * 1). Elec.C.1939, * G699 (Stats.1939. c. 26. p. 214: repealed by 8tats.1953, c. 1~1. p. 3643. ! I). Pol.C. * 1212. 8S amended by State. 1891. c. 130, I>. 176. ! 28; 8'.t,.1911, c. 640 -- , Ch.3 PRIVILEGES OF VOTERS ~ 14350 CrOll References Closing of polls, see 5 1420fJ. Direct primary defined, see ~ :.!3. Employer's notice, posting, see * 143ii1. General election defined, see * 20. Opening of polls, see 114207. Presidential primary election defined, see I 22. Voter defined. see 118. Corporate llolitical law and the practice. contributionH-tlle \Vi1liam French Law Review Commentaries ~mith (1966) 41 Lol!l Angeles Bar Bull. f).n. Elections ~319, Library References C'.J .~. Elections , 330. Notes of Decisions 2. In a,n,ral Section U-I,OO (repea1ecl: now. this sec- tion) waN unambiguous and entitled em- I)loyce to absent himself from his employ- ment for two cons8Cuth'e houn, irreSI)8C- live of whether he had other free time to vote. Benane v. International Harvester Co. (1956) 29ll P.2d 750. 142 C.A.2d Supp. 874. In aeneral 2 Validity .1 urs ay. me I. Validity Section H-lOO (repealed: now, this sec- tion) was constitutional and represented legitimate atteml)t by legislature to safe- guard right of suffrage: and it was not provin<..'C of courts to question wisdom of such legislation. Benane v. International Harvester Co. (1956) 299 P.2d 750, 142 C.A.2d 8uPIl. 874. Section 14400 (repealed: now this sec- tion) which provided that voters might absent themselves from their employment for two consecutive hours between open- ing and closing of })olls on election days, without lIenal des or deductions from their wages was conl!titutional as valid exercise of state's police power in public interest nnd }lromolinK IIublic welfare. Ballarini, in Behalf of Lodge 1327, Intern. Ass'n of Machinists, Production & Aeronautical Workers v. Schlage Lock Co. (1951) 226 P.2d 771. 100 C.A.2d Supp. 859. Section 14400 (repealed; now this sec- tion) , which I)rovided two hours off for all employees on election do)', construed llS allowing time off only when necessary, wa~ constitutional. 4 Ops.Atty.Gen. 15. Section 14400 (repealed; now, this Hec- tion) which gave every voter the right to absent himself from any service or em- ployment for two hours to go to the polls without llenalty of wage deduction, merely gave the time necessary, and did nQt con- fer a holiday or vacation of two hours re. gardless of necessity, and as so construed was valid. ld. be be- the lIar I of 'ces- the 19 is :-:tutll. ~tat:l~ .:.~). <-', !)."I. I). -- Legislature is }Iresumably cognizant of existing conditions, and changing condi. tions since adoption of "1l8Y while votin." Mtatute in 1891 would not render public policy therein expressed inapl)Iicable, in absence of legislative action. Id. Collective bargaining agreement provi. sion, waiving eml)loyees' right to pay for time taken off to vote, was invalid as against public I)olicy and as contrary to eXllfess provision of law. Id. In view of * 29001 J)unishing wilful vio- lation of election laws, the "llay while vot- ing" statute must be deemed penal in characfer. even though l!Itatute itself con- tains no I)enal provision. Id. The amount of judgment for I)laintiff in acdon by employees' assignee to recover wages for time taken off by Ilssignors from their work on election day, alii autho- rized by I 14400 (repealed; now. this sec- tion) mU8t be reduced on appeal by. amount allowed for wages of assignorI!J who faileel to appear on trial and were not shown to have taken any time off for IlUr}H)Se of voting on such day. Bullarini, in Behalf of Lodge 1327, Intern. Ass'n of Machinists, Production & Aeronautical WorkerI!J \'. Schlage Lock Co. (1951) 226 P.2d 711, 100 C.A.2d SU[lp. s59. 641 . ~ 14350 CONDUCT OF ELECTIONS Div. 10 Section 14400 (repealed; now, this sec. tion) which llrovided t1lat votefs might ab- sent themselves from their employment for two consecutive hOUfS between open- ing and closing of polls on election days. without penalties or deductions from their wageM, was a8 much a part of every em- ployment contract. entered into and to be performed in ~tate. as if eXl)ressly incor- porated therein. Ill. Under 5 14400 (repealed; now, this sec- tion), all employees were entitled to two hOUfS off witbont 1088 of pay for purpose of voting on election day. whether or not the two hour period was necessary and even if a particular employee's work day would aHow him two consecutive free hOUfS at either end of the day while the polls were open. 20 Ops.Atty.Gen. 185. 10-1S-52. Under I 14400 (rel)ealed; now, this sec- tion), school district employees were enti- tled to take two hours off for voting only where necessary in order to enable them to vote. 3 Ops.Atty.Gen. 190. 4-5-44. Under' 14-:100 (repealed; now, this sec- tion). employees were given up to two hours off to vote where it was necessary in order to exercise their franchise, but right to take time off when not needed for voting was not authorized. Id. ~ 14351. . Employers' notice; posting Not less than 10 days before every statewide election, every em- ployer shall keep posted conspiCUously at the place of work, if practi- cable, or elsewise where it can be seen as employees come or go to their place of work, a notice setting forth the provisions of Section 14350. (Added by Stats.1976, c. 220, ~ 8.) Hlltorlcal Not. Derivation: Former' 14401, enacted by Elec.C.1939.' 5699.1 (added by Statl. ~t.t..1!l61. C. 23. I>. 767. t 14401. 1953, c. 18M, p. 3644. t 3). Forms See \Yest's California Code Forms, Elections. ero.. Reference. Direct primary defined. see t 23. General election defined. see t 20. Presidential primary election defined. see! 22. ~ 14352. Publlc employees' time off to vote; posting of notice The provisions of Sections 14350 and 14351 shall apply to all public agencies and the employees thereof, as well as to employers and employees in private industry, (Added by Stats.1976, c. 220, ~ 8.) H Iltorlcal Not. Derivation: Former 5 14401.5. added by 8t.t..1975. c. 1154, t 1. 642 - . em- actl- :0 to '~Ion Ch.3 PRIVILEGES OF VOTERS ~ 14354 . 10 free ~ the 185. I sec- J enti- < : only . tbem {;...W . 'I lie<!- , two '~8ary . but leeded ~ 14353. Arrest Except for a felony, every voter is privileged from arrest while at, or while going to and returning from, his or her polling place on any election day. (Added by Stats.1976. c. 220. ~ 8.) Hlltorlcal Note Derivation: Former * 600, enacted by Elec.C.ln39. t 400 (Stat8.1939. c. 26, p. Stat..1961. c. 23. 1..605. * 600. 71'; 1'0\.C. * 1069. Croll Referencel Felony defined. see Penal Code I 17. Treas'on defined. see CODst. Art. I, t 18; Penal Code f 37. Arre8t~. Library References C.J.~. Arrest U 6. 10. 11. ~ Stats. ~ i . , ; ~ 14354. Mllitladuty Except in time of war or public danger, no voter is obliged to perform militia duty on any election day. (Added by Stats.1976. c. 220. ~ 8.) Hlatorlcal Note Derivation: Former tOOl. enacted by Elec.C.1939, . 401 (Stats.1939. c. 26. 1). Sta".1961, c. 23. 11.605. * 601. 71'; 1'0!.C.! 1070. Croll ReferenclI Militia duty, see Military aDd Veterans Code. aa.q, ''''ar defined, see Business and Professions Coele * 114J). Militia~5. Library References C.J.~. Militiu * 4. l10Uce to all oyers 643