HomeMy WebLinkAbout09-City Clerk ORIGINAL
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
From: Rachel G. Clark, City Clerk Subject: Ordinance Amending San
Bernardino Municipal Code 2.56 -
Dept: City Clerk Elections
Date: September 10, 2009
M/CC Meeting Date: October 5, 2009
Synopsis of Previous Council Action:
9/9/09 LRC recommended approval of proposed changes.
7/21/09 Proposed changes presented to LRC. Item continued to 9/9/09.
12/7/98 Ordinance MC-1036 was suspended (Voluntary Expenditure Ceiling).
3/8/95 Ordinance MC-934 was adopted changing the dates of elections pursuant
to Charter amendment approved by voters on June 2, 1992 changing
primary election dates from March to November of odd-numbered years
and the General election dates from May to the following February.
Recommended Motion:
That said ordinance be laid over for final adoption.
Signature
Contact person: Rachel Clark Phone- ext -1710
Supporting data attached: Yes Ward: All
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.)
(Acct Descrl to inn)
Finance:
Council Notes: 4/7
Agenda Item No. /
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
TO: Honorable Mayor and Members of the Common Council
FROM: Rachel G. Clark, City Clerk
DATE: September 10, 2009
RE: Proposed changes to San Bernardino Municipal Code Section 2.56 (Elections)
Subject: An Ordinance of the City of San Bernardino amending Section 2.56 of the
San Bernardino Municipal Code
Backeround:
Slightly over three years ago,the City Clerk's Office submitted to the City Manager's Office
proposed changes to Section 2.56 of the Municipal Code that would have made technical
changes regarding election law and would have conformed with provisions of the Elections
Code. These changes were never implemented.
Since that time, additional changes have been made in the Elections Code. In an effort to
streamline and clarify elections procedures, a careful review has been made of our existing
language in SBMC Section 2.56, as well as pertinent language in our City Charter and the State
Elections Code. As a result of the review, City Clerk Clark prepared a list of recommended
changes and initially reviewed them with Sr. Assistant City Attorney John Wilson and then
prepared a draft of the proposed changes. The proposed changes were submitted in draft written
form to Mr. Wilson as well as to the Registrar of Voters Kari Verjil. On July 9, City Clerk Clark
and Deputy City Clerk Ochiqui met with the Registrar of Voters and members of her staff to
review the proposed changes. As a result of that meeting, additional changes were recommended
and those are incorporated herein. On July 9, the revised changes were sent to Sr. Assistant City
Attorney Wilson and to Asst. to the City Manager Teri Baker so that they could review the
proposed changes well in advance of the July 21, 2009 meeting of the Legislative Review
Committee.
On July 16, City Clerk Clark and Deputy City Clerk Ochiqui met with Sr. Asst. City Attorney
Wilson and reviewed the latest changes. Mr. Wilson recommended minor changes and those are
incorporated in the attached proposed changes.
The proposed changes were presented to the Legislative Review Committee on July 21, 2009
and the matter was continued to September 9, 2009 to give the City Clerk's Office and City
Attorney's Office an opportunity to add additional language.
At the LRC meeting of September 9, 2009, the Committee approved,with Council member
McCammack absent,the proposed changes and directed that the City Attorney's Office prepare
the Ordinance for the October 5, 2009 Council meeting.
I
The language proposed to be deleted from the existing Sections of 2.56 covers several sections as
shown by the attached strikeout version. Changes to existing language are shown in italicized
print and are being proposed in order to conform to the State Elections Code and be consistent
with practices followed by the Registrar of Voters Office when we consolidate elections with the
County.
The proposed changes will provide clarity to the election process and avoid the confusion that
sometimes exists when the County conducts our stand-alone elections. For example, our existing
language in SBMC 2.56 refers to absentee ballots and those are now referred to as Vote by Mail
ballots. Existing language in our Municipal Code referring to absentee ballots was introduced in
1989 as a result of absentee ballot abuse; however, the State Elections Code has since adopted
strict provisions that cover the Vote By Mail ballot process. By following existing language as
provided in the Elections Code we would provide more clarity and eliminate any confusion when
poll workers are faced with issues related to Vote By Mail ballots.
Two other significant changes are contained in the following sections. In 2.56.110B, 2.56.160,
2.56.173 A 3, we propose adding language that would require us to post notices on the City's
official website in addition to posting requirements contained in Section 6061 of the Government
Code.
In Section 2.56.150 (General elections), it is proposed that run-off elections be conducted as
mail ballot elections. Presently, mail ballot elections are only authorized for special elections to
fill a vacancy on the City Council. Having the ability to conduct a stand-alone election by mail
ballot would significantly reduce the cost of conducting an election.
Financial Impact:
No cost to the City and some changes may, in fact, result in undetermined savings.
Recommendation:
That the ordinance be laid over for final adoption.
2
September 10,2009
Proposed Changes to Chapter 2.56 ELECTIONS
Of the San Bernardino Municipal Code
Submitted by Rachel G.Clark,City Clerk
2.56.001 Law governing municipal elections.
A. Primary,general,special or recall municipal elections shall be conducted
in the manner provided for by general law except as hereinafter set forth,
or as may be otherwise provided by ordinance or resolution.
h-andIA 9F mail 4hA ballet ef sash absentee ve M4,
2.
1000 et sell., j8ee now§300 and§3000 et seq.1 or affjudieia
unless made on a feEm issued to the applicant by the San BefnaFdino City
Glefk's Offiee. The pmvisiens of this subsecMen shall not apply to
Califemia Eleetions Code Section 23300 18ee now §10400] OF f6F reque
pefseW'as that fean is defined in Galifemia Health and Safety Ged
seetion 13 131. Comm at[RCI]:Repeal as dm is
covered by EC 3017(e�300 atd 3000,et
.q
1. No vote by mail voter's ballot shall be returned by any paid or volunteer
worker of arty general purpose committee, controlled committee,
independent expenditure committee,political party, candidate's campaign
committee, or any other group or organization at whose behest the
individual designated to return the ballot is performing a service.
However, this subdivision shall not apply to a candidate or a candidate's
spouse. Cmnment[RC2]:IaWnSc in EC
3017(e)
2 Any printed application that is to be distributed to voters for requesting
vote by mail ballots shall contain spaces for the following:
(1) The printed name and residence address of the voter as it
appears on the affidavit of registration.
(2) The address to which the ballot is to be mailed
(3) The voter's signature.
PROPOSED CHANGES TO TITLE 2-ELECTIONS
SUBMITTED BY RACHEL G.CLARK,CrrY CLERK
(4) The name and date of the election for which the request is to
be made.
(5) The date the application must be received by the elections
official.
The information required by paragraphs(1), (4), (5)may be preprinted on
the application. The information required by paragraphs(2)and(3)shall
be personally affixed by the voter.
An address, as required by paragraph(2)may not be the address of any
political party, a political campaign headquarters, or a candidate's
residence. However,a candidate,his or her spouse, immediate family
members, and any other voter who shares the same residence address as
the candidate may request that a vote by mail ballot be mailed to the
candidate's residence address.
Any application that contains preprinted information shall contain a
conspicuously printed statement,as follows: "You have the legal right to
mail or deliver this application directly to the local elections official of the
county where you reside."
The application shall provide the voters with information concerning the
procedure for establishing permanent vote by mail voter status, and the
basis upon which permanent vote by mail voter status is claimed
The application shall be attested to by the voter as to the truth and
correctness of its content, and shall be signed under penalty ofperjury. �Co DcaiT:sc 3"
B. Any person,firm or corporation violating any of the provisions of this section
shall be deemed guilty of a misdemeanor,and upon conviction thereof shall be
punishable in accordance with provisions of Section 1.12.010 of this Code:
(Ord.MC-478, 9-23-85;Ord,MC-476,9-23-85;Ord MC-268,4-24-83.)(City
Attorney Opinion No. 91-7.)
2.56.010 Dates of Election
A. A primary election shall be held on the first Tuesday after the first Monday in
November 1995,and a like election shall be held on the first Tuesday after
the fast Monday in November every four years thereafter,in the City for the
nomination of candidates for the following offices:
1. Member of the Common Council from the Third Ward;
2.Member of the Common Council from the Fifth Ward;
2
PROPOSED CHANGES TO TITLE 2-ELECTIONS
SUBMITTED BY RACHEL G.CLARK,CITY CLERK
3. Member of the Common Council from the Sixth Ward;
4.Member of the Common Council from the Seventh Ward;
5. City Clerk;
6. City Treasurer;
7. City Attorney.
B. A primary election shall be held on the fast Tuesday after the first Monday in
November, 1997,and a like election shall be held on the first Tuesday after
the first Monday in November every four years thereafter,in the City for the
nomination of candidates for the following offices:
1. Mayor;
2. Member of the Common Council from the First Ward;
3. Member of the Common Council from the Second Ward;
4. Member of the Common Council from the Fourth Ward.
(Ord. MC-934,3.8-95;Ord.3601 (part), 1976; Ord.3448(part), 1974; Ord.2148§§1,2, 1954.)
2.56.020 Nomination and election.
Members of the Common Council shall be nominated and elected,as
provided by the Charter of the City,by the qualified electors of their respective
wards.Each member shall have been a legal resident and elector for at least thirty
days next preceding the date of filing nomination papers and shall continue to be a
resident in the ward during his term of office.(Ord 3601 (part), 1976;Ord. 2048§2'/z,
1954.)
2.56.030 Elections to be held in accordance with state law.
Primary elections shall be held in accordance with the provisions of Parts 1 and 2
of Division 10J-of the Elections Code,except as may be otherwise
provided by ordinance or resolution of the Mayor and Common Council. (Ord 3792§1,
1978;Ord.2779, 1966;Ord. 2048§3(a), 1954.)
2.56.040 Method of nomination;nomination
fling
3
PROPOSED CHANGES TO TULE 2-ELECTIONS
SUBMITTED BY RACHEL G.CLARK,CrrY CLERK
eighty .A de.. ..e f I&W than t .e1w neon day,n the sixty eighth
mtmieipal r p ffl dea h_ - that f-.he 1993 elestie Only, e pe n
shall be not -1: than the ninety .fiPA day 104OF 1RH twelve oft the a e.h
� ..
(Ord MC-852, 11-2-92;Ord. 3271, 1972;Ord. 2048
§3(b), 1954.)
Candidates may be nominated for any of the elective offices of the City in the
following manner:
Not earlier than the 113"'day nor later than the 88"'day before a municipal
election during normal office hours, as posted, nomination papers shall be issued
to obtain signatures to the nomination papers of any candidate. No voter may
sign more than one nomination paper for the same office, and in the event the
voter does so, that voter's signature shall count only on the first nomination paper
filed which contains the voter's signature.
Nomination papers subsequently filed and containing that voter's signature shall
be considered as though that signature does not appear thereon. Each seat on the
governing body is a separate office. Any person registered to vote at the election,
and qualified to vote for the elective office of the Cityfor which the nomination is
made, may circulate a nomination paper Only one person may circulate each
nomination paper Where there are full terms and short terms to be filled the
term shall be specified in the nomination paper. eommml[[RC4]:>Anguage s+m+iu a
EC 10220
2.56.050 Nomination papers
Nomination papers for the following respective offices shall be signed by voters of the
area for which the candidate is to be nominated as follows:
A. Mayor,City Clerk,City Treasurer and City Attorney: not less than twenty
voters,nor more than thirty voters;and
B. Common Council members;not less than fi€teeatwenty voters,nor more than
fiwBaty five thirty voters' Comm nt[Res]:C.� t wla EC
(Ord. 2429(part), 1962;Ord 2048§3(c), 1954.) 10220
2.56.060 Election to office after primary election.
Any candidate for a City office who at a primary election receives a majority
of all the ballots cast for candidates for the office for which such candidate seeks
nomination shall be elected to such office. (Ord 2429(par[), 1962;Ord.2048§3(d),
1954.)(City Attorney Opinion No. 91-7;City Attorney Opinion No. 91-5.)
4
PROPOSED CHANGES TO TULE 2-ELECTIONS
SUBMITTED BY RACHEL G.CLARK,CITY CLERK
Where no candidate receives 50%of the votes plus one vote in the primary
election, the two candidates with the most votes shall face a runoffelection in the general Calllmalc[NMI:Chow lcwiltios
election which may be conducted as a mail ballot election. from meetmg with ROV m7
2.56.070 Date nomination papers filed with City Clerk.
All nomination papers shall be filed with the City Clerk not later than Hwehv fieen
5 p.m. on the s eighty-eighth day before the municipal election. Until that
time, but not after, a candidate may withdraw his or her nomination paper after it
is filed with the City Clerk Casement[mil:CulaelmtmthEC
11 nemination «...hall be filed...:ah the na.Cie*not later den 1.. We noon 10224
on the seventieth day befafe the mumeipal eleetien, (Ord. MC-852, 11-02-92;
Ord. 3306, 1972;Ord. 2048§3(e), 1954.)
2.56.080 Filing Fee/Returned Checks
A. Filing Fee
The City Clerk shall supply all forms required for nominations and election to all
City offices. Such forms shall be distributed without charge to all such candidates
applying therefore;provided,however,that such forms shall not be distributed
except upon the prepayment of the filing fees. The filing fee for any office shall
be two percent of the first year's salary for the office for which the candidate is
issued papers. No nomination papers shall be issued or filed except upon proof of
said prepayment. The filing fee shall not be refunded in the event the candidate
fails to qualify as a candidate. Notwithstanding any other provision of this
Chapter,a candidate may submit a petition containing signatures of registered
voters in lieu of a filing fee in accordance with provisions of Section 6555 [See
new-§81061-of the Elections Code of the State. (Ord. 3601 (part) 1976;Ord.2429
(part), 1962;Ord.2048§3(f), 1954.)
B. Returned Checks
If a candidate's filing fees are paid by a check which is returned by the City's
depository as being uncollectible for insufficient funds or other reasons, the
candidate shall be disqualified ifpayment in full, in the form ofa money order or
cashier's check payable to the City of San Bernardino, is not made by the close of
the nomination period.
If after the nomination period closes it is determined that a check for filing fees is
uncollectible for insufficient funds or other reasons, the candidate shall be
disqualified.
5
PROPOSED CHANGES TO TITLE 2-ELECTIONS
SUBMITTED BY RACHEL G.CLARK,CITY CLERK
A charge of twenty-six dollars(826.00)shall be imposed for the cost of each
check returned by the City's depository as being uncollectible for insufficient
funds or for other reasons.
2.56.090 Issunnee of list of registeFed voters
The City Clerk is authorized to issue to each eandidate one list of the
nominations,and as seen as sueh lists afe made mailable by the Registm o
Ve.e.s efthe rye....... (Qfd 2429(paFt) 1962. QFd 2048§3(g), 1954.)
2.56.100 Duty of City Cleric
The City Clerk is instructed and authorized to procure,prepare and distribute all
necessary ballots and election supplies for said election.(Ord.MC-2048§4, 1954.)
2.56.105 Contracts with Civic and Service Organizations for Precinct Boards.
Prior to any election the City Clerk may contract with any Civic or Service
Organization located within the City of San Bernardino to provide necessary
Precinct Boards for such election. Such contracts may cover both primary and
general elections.The compensation to be paid such precinct workers pursuant to
the contract shall be established by the Mayor and Council from time to time by
resolution and may be paid to the precinct workers or directly to the organization as
determined in the contract. Any such Precinct Boards provided by Civic or Service
organizations shall be subject to the same qualifications and training requirements
as other Precinct Boards as required by the Elections Code.Any such contract shall
require that the contracting organization not discriminate in its membership or
services on the basis of race,color,creed,religion,national origin,sex,or physical
handicap. (Ord MC-860,01-20-93.)
2.56.110 Hours polls to be open. Publication and form of Notice of Election
A. The h0flF of seven a.m. on the date of eleetions is fixed as the houF for opening th
polls,and the houF of eight p.fw of said date is fi*od as"houf for elesing th
any Other voters in the polling plaees or-i-line at the door 4hefeefwhe
qualified to vete mid whe hEwe net been able to do so sinee appeapilig,the poll
shall be kept open a sufficient time to enable them to vate,but no one vl&e affives
at a poll ng plaee AeF eight p.m. shall be entitled to vate, al"ogh Ike pells may
be open when stishpilFwaaFfives- Ike polls shall be open at 7 am. of the day COI melt[RCS]:Recommend
of any election, and shall be kept open until 8 p.m. of the same day,when the deleting this lmgwW end subsuming
language below from Elections Code
polls shall be closed When the polls are closers the precinct board shall
proclaim that fact aloud at the place of election After the proclamation no
6
PROPOSED CHANGES TO T111.E 2-ELECTIONS
SUBMITTED BY RACHEL G.CLARK,CITY CLERK
ballot shall be received Honrver,if at the hour of closing there are any other
voters in the polling place,or in lure at the door,who are quaWled to vote and
have not been able to do so since appearing,the poAs shall be kept open a
sufficient time to enable them to vote. Any one%*o arrives at therpoUing place
after the tone providedfor closing the polls shall not be entitled to vote,even
though the polls are open when the voter arrives Comment[RC91:cz.o�xmt wim
'ls4aam Caae.lran raaol,laaoz
Primary and general elections shall be held at the regularly designated polling
places in each precinct as designated in the resolution setting forth the number of
consolidated precincts and the location of each polling place. The officers of
election appointed and the polling places designated for the primary election shall
be the officers and polling places of the general election so far as possible. Such
resolution shall also set forth the list of the names of the election officers
appointed.
elerks. The composition of the precinct board shall be determined by the
elections official based on eledion precinct size. The precinct board shall
consist of a minimum of one inspector and tivo clerks Additional clerk
positions may be allocated in proportion to the number of registered voters
within the precinct. comment[RC10]:ear coax
y12YA
B. Not earlier than the eight,ninib 127"nor later than the simyeigl k 113" day Comment[RC11]:Conv4aR w th
before any primary election,and not earlier than the fifty-fourth day nor later than �'° cme§12101
the tenth day before any general municipal election,the City Clerk shall publish a
notice of the election pursuant to Section 6061 ofthe Government Code at least Comment[RC12]:Elwwns Code
enee in a newspaper of general circulation published and circulated in the City. §12101 and URN
and post on the City's of)'icial wlisite The notice shall beheaded"Notice of
Election,"and shall contain a statement of
1. The time of the election;
2. The offices to be filled,specifying full term or short term,as the case
may be;
3. The hours the polls will be open;
4. The Central Count Location Comment[MO13]:Addmoo
recommended by ROV on 7/9/09;
mmiAent with EC 12109
(Ord.MC-864,3-22-93;Ord.3312, 1972;Ord 2048 §5, 1954)
2.56.120 Publication of names of nominees.
The City Clerk shall
they appear on the ballet,and the Fespeetiive offices feF whieh they howe been nefflin
published in the City., /Q—M— o,na 1956;r,.a onto §6 Voce . :ot later than one Week
7
PROPOSED CHANGES TO TITLE 2-ELECTIONS
SUBMITTED BY RACHEL G.CLARK,CITY CLERK
before the election publish a&sl of the names of the nominees,in the order in which
they appear on the ballot,and the respective offices for which they have been
nominated Publication shall be in the city in a newspaper of general circulation. This
list shall be headed, "Nominees for Public Office,"in conspicuous type,and shall be
substantially in the following form:
NOMINEES FOR PUBLIC OFFICE
Notice is hereby given that the following persons have been nominatedfor the
offices mentioned below to be fdled at the(primary/general)municipal election to be
held in the City of San Bernardino on the_day of _
(Here follow with the list of nominees.)
Dated,
City Clerk
Comment[RC14]:Eleaio Code
2.56.130 Canvass or election returns. §12110
A. On the second day after a City election,exclusive of holidays,at one-thirty
p.m.,the Mayor and Common Council,or the City Clerk,or a canvassing
board appointed by the City Clerk by order of the Mayor and Common
Council shall meet at the City Hall, San Bernardino,California,and proceed
to canvass the election returns.
The previous paragraph notwithstanding, all City elections consolidated with
elections conducted by the County of San Bernardino, and all City elections
that are conducted pursuant to agreement with the County of San Bernardino
shall follow the County's processfor the conduct of such elections and the
canvass ofsuch returns. eommII [ttelsl:�ry�_
section 1 t
B. At the next regular or adjourned regular Council meeting following the
completion of the canvass,the Mayor and Common Council shall declare the
results of the election as certified by the City Clerk or the Reghtrar of Voters
of the County of San Bernardino as being official. Canmem[RC18]:city Ch
Section 11
2.56.140 Ballots cast under Absent Ve4em Law. Vote by Mail
A. All ballots cast under the provisions of the Absent Vetefs State Elections
Code Vote by Mail Application Procedures in effect as of the date of CanmmR[RC17]e S.EC
t.sa.woo,a.ey
8
PROPOSED CHANGES TO TITLE 2-ELECTTONS
SUBMITTED BY RACHEL G.CLARK,CrrY CLERK
electi in erdeF dW they ffmy be eenined shall be issued,received and
canvassed within the time provided for bt general law cities.
B. Repealed by MC-862,3-8-93)
C. Return ofvoted ballot
(1) All vote by mail ballots cast under this section shall be voted on or
before the day of the election. After marking the ballot, the vote by mail voter
shall do either of the following: (a) return the ballot by mail or in person to
the elections official from whom it came or(b)return the ballot in person to
any member of a precinct board at any polling place within the jurisdiction.
However, a vote by mail voter, who, because of illness or other physical
disability, is unable to return the ballot,may designate his or her spouse,
child parent,grandparent,grandchild brother, sister, or a person residing in
the same household as the vote by mail voter to return the ballot to the
elections official from whom it came or to the precinct board at any polling
place within the jurisdiction. The ballot must,however, be received by either
the elections official from whom it came or the precinct board before the close
of the polls on election day.
(2) The elections official shall establish procedures to ensure the secrecy
of any ballot returned to a precinct polling place and the security,
confidentiality, and integrity of any personal information collected stored or
otherwise used pursuant to this section.
(3) On or before March 1, 2008, the elections official shall establish
procedures to track and confirm the receipt ofvoted vote by mail ballots and
to make this information available by means of online access using the
county's elections division Internet Web site. If the county does not have an
elections division Internet Web site, the elections official shall establish a toll-
free telephone number that may be used to confirm the date a voted vote by
mail ballot was received.
(4) The provisions of this section are mandatory,not directory, and no
ballot shall be counted if it is not delivered in compliance with this section.
(5) Notwithstanding subdivision (1), no vote by mail voter's ballot shall
be re turned by any paid or volunteer worker of any general purpose
committee, controlled committee, independent expenditure committee,
political party, candidate's campaign committee, or any other group or
organization at whose behest the individual designated to return the ballot is
performing a service. However, this subdivision shall not apply to a
candidate or a candidate's spouse. cum [r=7:LaWmV som
EC 3017
D. Vote by mail ballot may be voted at office of elections official or satellite
locations.
9
PROPOSED CHANGES TO TITLE 2-ELECTIONS
SUBMITTED BY RACHEL G.CLARK,CITY CLERK
(1)Any voter using a vote by mail ballot may,prior to the close of the
polls on election day,vote the ballot at the office of the elections
official. The voter shall vote the ballot in the presence of an officer of
the elections official or in a voting booth, at the discretion of the
elections official, but in no case may his or her vote be observed.
Where voting machines are used the elections official may provide one
voting machine for each ballot type used within the jurisdiction.
Elections officials may provide electronic voting devices for this
purpose provided that sufficient devices are provided to include all
ballot types in the election.
(2) For purposes of this section, the office of an elections official may
include satellite locations Notice ofthe satellite locations shall be
made by the elections official by the issuance of a general news
re lease, issued not later than 14 days prior to voting at the satellite
location, except that in a county with a declared emergency or
disaster, notice shall not be made not later than 48 hours prior to
voting at the satellite location. The news release shall set forth the
following information:
(a) The satellite location or locations.
(b) The dates and hours the satellite location or locations will be
open.
(c) A telephone number that voters may use to obtain information
regarding vote by mail ballots and the satellite locations.
(3) Vote by mail ballots voted at a satellite location pursuant to this
section shall be placed in a vote by mail voter identification envelope
to be completed by the voter pursuant to Elections Code Section 3011.
However, if the elections official utilizes electronic voting devices, the
vote by mail ballot may be cast on an electronic voting device. comment[ 97:Lansaese wm
BC 3018
E. Wild interference with return of completed Vote By Mail Ballot.
Except as provided for in San Bernardino Municipal Code Section 2.56 140 A,
any person having charge of a completed vote by mail ballot who wildly
interferes or causes interference with its return to the local elections official
having jurisdiction over the election is guilty of a misdemeanor. Cc mnoea[RC20]:Mom mi g
Imiguege from SBMC 256344 to this
saAon(a)
(Ord.MC-862,3-8-93;Ord.MC-473,9-13-85;Ord. 2429(pert) 1962;Ord. 2048 §8,
1954.)
?56 143 Retention of AWent VoteF Ballot App!:.... ion hei,o..d t ime limits
2.56.142 Time period to return vote by mail ballot application.
10
PROPOSED CHANGES TO THE 2-ELECTIONS
SUBIv617ED BY RACHEL G.CLARK,CITY CLERK
(a)Any individual,organization,or group that distributes applications for vote
by mail voter ballots and receives completed application forms shall return the forms to
the appropriate elections official within 72 hours of receiving the completed forms, or
before the deadline for application,whichever is sooner. The name,address,and
telephone number of any organization that authorizes the distribution of the
applications shall be included on the application.
(b)Any application for a vote by mail voter's ballot that is sent by an individual,
group,or organization to a voter shall be nonforwardable. Any vote by mail voter's
ballot that is returned to an elections official as undeliverable shall not be forwarded
by the elections official.
(e)A person may not submit a vote by mail ballot application electronically for
another registered voter. CommoW[Rail:EC 3008
(d) Any person,other than the voter,who willfully(1)retains a completed absent
veteE application for vote by mail ballot applisatiea,with or without the voter's
authorization,for more than three days,excluding weekends and state holidays,or by the
deadline for return of absent vetets an application for vote by mail ballot appheatiens,
whichever is earlier,or(2)denies an applicant the right to return his or her own
completed abmatm4eteE application for vote by mail ballot applieatieR to the local
elections official having jurisdiction over the election,or dissuades or attempts to
dissuade such applicant to not so return his or her completed absew vow application for
vote by mail ballot appheatien,is guilty of a misdemeanor. (Ord.MC-654,4-3-89.) commentcomment[Rr221:Changed.best
vote ballot to vote by mail ballot
2.56.143
thelosaleleetion^" -:..1 itia Aen<ce n 3-894 Comewnt[RC23]:Covmed under EC
3017 and under 2 56.142,as revered
above
2.56.144 Wilffu' with return of completed Abseni Voter Ballot
Comment[RC24]:Amended
language to be masistml with Elections
Code and included m pert of SSMC
C! 2 56.140 D
2.56,146 Retu.... and Counting of Absentee Bali.1.
mK44ag the ballot t4e absent vaw Shall OilheF (1)Fetum the ballot by wail or
peFSOR to the off offal Win whom it Came OF/T Fet ffn the ballet in..eFson to ..n..
tit
PROPOSED CHANGES TO TITLE 2-ELECTIONS
SUBI fl=BY RACHEL G.CLARK,CITY CLERK
ffiembeF of a p ,.t heva a polling aeee within the :.risdietion The bane.
r'M e'�i polling r �
.st;ho eve- he. . by e:the-the e4>i..:el r.e......1.6... : .the Pfe ...mot
beaFd befffe the Wese of the polls on election day.
MC 656, Cemmeet IRC251:Covered under EC
3017 and included under SSMC 2.56.140
29;6.148 eere:.et:_n of eteetionee Finewhile easting of absentee veto
2.56.148 Electioneering during vote by mail voting.
(a) No candidate or representative of a candidate,and no proponent,opponent,or
representative of a proponent or opponent,of an initiative,referendum,or
recall measure,or of a charter amendment,shall solicit the vote of an absentee
a vote by mail voter,or do any electioneering,while in the residence or in the
immediate presence of the voter,and during the time he or she knows the
absentee vote by mail voter is voting.
(b) Any person who knowingly violates this section is guilty of a misdemeanor.
(c) This section shall not be constmed to conflict with any provision of the
federal Voting Rights Act of 1965,as amended,not to preclude electioneering
by mail or telephone or in public places,except as prohibited by Election
Code Section , 18370 or by any other provision of
law.
(Ord.MC-657,4-3-89.) Ca nftM[Ras]:Language in EC
18371
2.56.150 General elections
General elections shall be conducted under the same laws as the primary
election and shall be held on the fast Tuesday in February of each even numbered
year.Names of candidates elected in the primary election shall not appear on the
ballot in the ensuing general election.The officers elected at either the primary or
general election shall hold office for terms of four years from and after the fast
Monday in March next succeeding their elections.(Ord MC-934, 3-8-95;Ord. 3448
(part), 1974;Ord.2048§9, 1954.)
When there is a run-offelection occurring, as part of the general election, it may
be conducted as a mail ballot election,pursuant to the provisions of the Elections Co*. Co meM[RC27I:Provcdes
opportu ny to conduct other elections by
mail ballot
12
PROPOSED CHANGES TO TITLE 2—ELECTIONS
SUBMITTED BY RACHEL G.CLARK,CITY CLERK
2.56.160 Recall elections.
A recall election to remove an elected officer pursuant to Charter Section 122
shall be ordered,held and conducted and the result thereof made known and declared in
the same manner provided for by general law except as hereinafter set forth, or as may
be otherwise provided by ordinance or resolution. in this elioptw fef inuRisio pfi Comment[kmp Cmt t witb
EC.236.00]A
Nominations of candidates to succeed the recalled officer shall be made in the
manner prescribed for nominating a candidate to that office in a regular election insofar
as that procedure is consistent with this section. comment[RC29]:C�9/m
E.C.11381
A. . Nomination of candidates to succeed recalled
officer.
Nomination papers shall be issued
not earlier than the
thirty-fifth 113"'day nor later than five p.m.on the twenty-ninth 75`h day before the
recall election. Comment[RC30]:Co ietent with
E.0.11381
B. Date filed with City Clerk All nomination papers shall be filed with the City
Clerk not later than five p�four p.m on the ttveRty- 75th day before
the recall election.
C. Not earlier than the thitty fifth day, 127th day, nor later than the tenth 113th
day before a recall election,the City Clerk shall publish a notice of the
election at least one in in
the City in a newspaper of general circulation, and post on the City's
official web site. The notice shall be headed"Notice of Election,"and shall
contain a statement of:
1. The time of the election;
2. The offices to be filled,specifying full term or short term,as the case may
be;
3. The horns the polls will be open;
4. 77te Central Count Location. comment[►taxi]: Addnien
Absentee B two. Tote By Mail. Not earlier than the twenty-simhni"M day, Rcommendedby ROV 719/09,�t
with E.C.12103
nor later than the seventh day before a recall election,any voter entitled to CMnMM[RC72]:Elections Code
vote by absent veteF mail ballot as provided in Elections Code Section-14620 §3001
{See new§ 003]-,may file with the City Clerk either in person or by mail,his
or her written application for ansbsent-veterfr a vote by mail voter's ballot.
The application shall be signed by the applicant,and shall show his or her
place of residence.,
te-a-belles
but prief to the twenty si?Ah day befefe election shall not be fetuffled to the
13
PROPOSED CHANGES TO TITLE 2-ELECTIONS
SUBMITTED BY RACHEL G.CLARK,CITY CLERK
sendeF,but shall be held by the City QeFk and pfeeessed by hint fefievmg
tint .
Any applications received by the elections offrcial prior to the 29"day shall
be kept and processed during the application period comment[RC331:Eleetim code
(Ord. 3601 (part), 1976,Ord.2048§10, 1954.) §3001
2.56.170 Special elections
The Mayor and Common Council shall call a special election to be held on a
Tuesday,not less than ninety(90)nor more than one hundred eighty(180)days
following such call. If an established election date se[by Section 10 of the Charter of the
City of San Bernardino falls within that time period, such special election shall be held on
that date. Two or more special elections of the City may be combined into one election.
When it is legally possible to hold a special election on an initiative measure that
has qualified pursuant to the City Charter Section 120,such special election shall be held
in accordance with Elections Code Section 1405.
If the special election is held to fill a vacancy on the Council,it shall be called
within thirty(30)days after such vacancy. In such cases,the election shall be held not
less than ninety(90)nor more than one hundred eighty(180)days following such
vacancy. Any such special election so called shall be held in compliance with the
provisions of the Charter and applicable ordinances of the City. Unless the election is not
held as provided in Section 2.56.175,the candidate receiving the plurality of votes cast at
such special election shall be elected to fill the vacancy. (Ord.MC-1227,6-05-06;Ord.
MC-877,6-7-93;MC-3601 (part), 1976;Ord. 2048 §10, 1954.) (City Attorney Opinion
No. 96-9)
2.56.171 Special Elections; alternate procedure.
Where a vacancy exists on the Common Council,the Council may,as an alternative to
the procedure outlined in Section 2.56.170,call a special election to be held on a
Tuesday,within the time limits set by Section 2.56.170 to be conducted wholly by mail
ballots. Such elections shall be conducted in accordance with the provisions of Section
4330 4000 et seq.of the Elections Code of the State of California (Ord.MC-877,6-7-
93.)
2.56.173 Uncontested regularly scheduled election.
A. b,by 5 P.M-ea4he-63, on the 8e day prior to the day fixed for a regularly
scheduled municipal election,or the 83d day if an incumbent fails to file, no Comment[RCt~]:swilwm Ec
one or only one person has been nominated for any office which is elected on 10229
a city wide basis,or no one or only one person is nominated to be elected
from or by a ward,the City Clerk shall submit a certificate of these facts to the
14
i
PROPOSED CHANGES TO TITLE 2-ELECTIONS
SUBMITTED BY RACHEL G.CLARK,CITY CLERK
Mayor and Common Council and inform the Mayor and Common Council
that it may,at a regular or special meeting held before the municipal election,
adopt one of the following courses of action:
1. Appoint to the office the person who has been nominated.
2. Appoint to the office any eligible elector if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated.
The City Clerk shall post on the City's official web site and publish a
notice of the facts described in this section and the courses of action
available under this subdivision. Publication shall be made pursuant to
Section 6061 of the Government Code in any newspaper of general
circulation as designated by the Clerk
After the fifth day following the date of publication,the Mayor and Common
Council may make the appointment or direct an election to be held in the
affected teifitety-legislative district. The person appointed,if any,shall
qualify and take office and serve exactly as if elected at a municipal election
for the office.
If,by the M0 h-75"day before the municipal election,no person has been Comment[N=]:Chzvr=dhg
appointed to office pursuant to paragraphs(1)or(2),the election shall be u s��OV 7/9/09 w��
held.
B. Notwithstanding Elections Code Section 8600 et seq.}
or any other provision of law to the contrary,if the Mayor and Common
Council makes an appointment pursuant to subdivision(*K the Clerk shall
not accept for filing any statement of write-in candidacy which is submitted
after the appointment is made.
In the event that an appointment is made in a particular ward pursuant to
subdivision(A),that appointment shall not affect the conduct of the municipal
election in other legislative districts of the City.
(Ord.MC-761, 11-26-90.)
2.56.175 Uncontested special election to fill vacancy in office.
A. If,by 5 P.Wei on the 88"'day before a municipal election to fill aometeM[RC36]:a11�1�Code
a vacancy on the Council, or any City wide office, as called pursuant to §10224
Section 14-A of the Charter,no one or only one person has been
nominated for such office to be filled at that election, the City Clerk shall
submit a certificate of these facts to the Mayor and Common Council and
inform the Mayor and Common Council that it may,at a regular or special
meeting held before the municipal election,adopt one of the following
courses of action:
15
PROPOSED CHANGES TO TITLE 2-ELECTIONS
SUBMITTED BY RACHEL G.CLARK,CITY CLERK
1. Appoint to such office the person who has been nominated.
2. Appoint to such office any eligible elector if no one has been
nominated.
3. Hold the election if either no one,or only one person,has been
nominated.
The City Clerk shall post on the City's website and/or publish a notice of
the facts described in this Section and the courses of action available under
this subdivision. Publication shall be made pursuant to Section 6061 of
the Government Code in any newspaper of general circulation as
designated by the Clerk. After the fifth day following the date of
publication,the Mayor and Common Council may make such an
appointment or direct an election to be held. The person appointed,if any,
shall qualify and take office and serve exactly as if elected at a municipal
election for that office. If,by the 40 75"'day before the municipal Ca nm&[MM71:CbwW
election,no person has been appointed to office pursuant to paragraphs 1) ' cndcd by ROV 719/09�t
Pe PPo P Paral raP ( W mEC. 1029
or(2),the election shall be held.
B. Notwithstanding Elections Code Section 600 et
seq.]-or any other provision of law to the contrary,if the Mayor and
Common Council make an appointment as provided in this Section,the
City Clerk shall not accept for filing any statement of write-in candidacy
which is submitted after the appointment is made.
(Ord.MC-761, 11-26-90.)
2.56.180 Unconstitutionality or invalidity of residence requirements.
In the event any court of competent jurisdiction adjudicates that the
residency requirements set forth in the provisions of the Charter,or any ordinance
of the City of candidates for elective municipal offices in any primary,general,
special or recall election are unconstitutional or invalid,the residency requirement
for candidates for such elective offices shall be a period of at least thirty days next
preceding the filing of nomination papers for their election in the ward,or in the City,
as may be applicable. (Ord 3549, 1976;Ord 2048§11, 1954.)
2.56.190 Fiscal analysis of measure.
Whenever any City measure qualifies for a place on the ballot,the Mayor and
Common Council may direct designated officers of the City to prepare an impartial fiscal
analysis of the measure showing the amount of any increase or decrease in revenue or
cost to the City of San Bernardino. The fiscal analysis shall be printed preceding the
arguments for and against the measure. If a City Attorney's analysis has also been
directed pursuant to Section-5Qt ESee-new-§9280}of the Elections Code,the City
16
PROPOSED CHANGES TO TITLE 2-ELECTIONS
SUBMITTED BY RACHEL G.CLARK,CITY CLERK
Attorney's analysis and the fiscal analysis shall be separately set forth. (Ord.MC-97,
1981.)
(Suspended Fur-suant to AW 10j6,42 :7 9 comment[ac387:sm«as
was suspended,why cml't it be repealed?
A. .
ametint equal to$1.00 peF eaeh resident in the District e
tO $1.00 PeF e8Gh resident fer eaeh eleetion shall be based upon the tot
statisties available in the City Clerk's offi .
B.
the eewdibwien lintitatiens in Goverment Code SeLAen 85402.
C.
......C......6 a candidate shall nyAc.............:......x......d:t..-e
hereat
D.
forth herein;the e"date shall be s*eet to the eent" --g-ion lifnitatil-B-9
E.
qualified mil3enditufas equal to 0
Hie eMise.
17
PROPOSED CHANGES TO TITLE 2-ELECTIONS
SUBMUTED BY RACHEL G.CLARK,Crr'Y CLERK
F. io independent n the a e an
9044 0
h applieable voluataFy expenditm coiling the.,eh... —
parming for the same effiee.
G.
D f A C 1974 A 1996,Q e en!Code seetions 81000 et
h as the safne may he amended 699 tifne to tone shell govem the
H. The penalties and Femedies fef Aelatiens of this section shall be these set
fool; is Ile AAts
Th' QTdinimee h 11 k D' ,.t Fe-e.e.. D.-:....... GeReFal Dee..11 e..d
Speeial Election held on or afteF November 5, 1997.
This concludes or000sed changes recommended by the City Clerk.
April 21,2006-initial changes proposed and submitted to City Manager's Office.
May 2009-Additional changes proposed and reviewed with Sr.Asst.City Attorney
Wilson- 1�draft completed 6125/09
July 1,2009- 1� proofing completed by Deputy City Clerk Linda Hartzel and City Clerk
Rachel Clark
July 8,2009-Reviewed by City Clerk Clark and Deputy City Clerk Ochiqui
July 9,2009-Reviewed by City Clerk Clark,Deputy City Clerk Ochiqui with Registrar
of Voters Kan Verjil,Deputy Registrar T.Kouba and elections technicians Mary Lou
Mongar and Melissa Eickman(changes resulting from this meeting are incorporated
herein)
July 16,2009-City Clerk Clark and Deputy City Clerk Ochiqui met with Sr.Asst. City
Attorney Wilson and minor changes recommended by Mr.Wilson are incorporated
herein)
September 1,2009-Changes made as a result of LRC meeting held on July 21,2009
September 3,2009- Met with Sr. Assistant City Attorney John Wilson and additional
changes were made.
18
1
1 ORDINANCE NO.
POP
2 ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE APTER
2.56 - ELECTIONS
3
4 The Mayor and Common Council of the City of San Bernardino do ordain as follows:
5 Chapter 2.56 of the San Bernardino Municipal Code relating to Elections is hereby amended
6 to read as follows:
7 2.56.001 Law governing municipal elections.
8 A. Primary, general, special or recall municipal elections shall be conducted in the
9 manner provided for by general law except as hereinafter set forth, or as may be otherwise
provided by ordinance or resolution.
10
1. No vote by mail voter's ballot shall be returned by any paid or volunteer
11 worker of any general purpose committee, controlled committee, independent expenditure
committee, political party, candidate's campaign committee, or any other group or
12 organization at whose behest the individual designated to return the ballot is performing a
13 service. However, this subdivision shall not apply to a candidate or a candidate's spouse.
14 2. Any printed application that is to be distributed to voters for requesting
vote by mail ballots shall contain spaces for the following:
15 (a) The printed name and residence address of the voter as it appears on
the affidavit of registration.
16 (b) The address to which the ballot is to be mailed.
17 (c) The voter's signature.
(d) The name and date of the election for which the request is to be
18 made.
19 (e) The date the application must be received by the elections official.
3. The information required by paragraphs (a), (d), (e) may be preprinted on
20 the application. The information required by paragraphs (b) and (c) shall be personally
21 affixed by the voter.
22 4. An address, as required by paragraph (b) may not be the address of any
political party, a political campaign headquarters, or a candidate's residence. However, a
23 candidate, his or her spouse, immediate family members, and any other voter who shares
the same residence address as the candidate may request that a vote by mail ballot be
24 mailed to the candidate's residence address.
25
5. Any application that contains preprinted information shall contain a
26 conspicuously printed statement, as follows: "You have the legal right to mail or deliver
27 this application directly to the local elections official of the county where you reside."
28
1 ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56-ELECTIONS
2
6. The application shall provide the voters with information concerning the
3 procedure for establishing permanent vote by mail voter status, and the basis upon which
4 permanent vote by mail voter status is claimed.
5 7. The application shall be attested to by the voter as to the truth and
correctness of its content, and shall be signed under penalty of perjury.
6
B. Any person, firm or corporation violating any of the provisions of this section
7 shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable in
8 accordance with provisions of Section 1.12.010 of this Code.
9 (Ord. MC-478, 9-23-85; Ord. MC-476, 9-23-85; Ord. MC-268, 4-24-83.) (City Attorney
Opinion No. 91-7.)
10
2.56.010 Dates of Election
11
12 A. A primary election shall be held on the first Tuesday after the first Monday in
November 1995, and a like election shall be held on the first Tuesday after the first Monday in
13 November every four years thereafter, in the City for the nomination of candidates for the
following offices:
14
15 1. Member of the Common Council from the Third Ward;
16 2. Member of the Common Council from the Fifth Ward;
17 3. Member of the Common Council from the Sixth Ward;
18 4. Member of the Common Council from the Seventh Ward;
19 5. City Clerk;
20 6. City Treasurer;
21
7. City Attorney.
22
B. A primary election shall be held on the first Tuesday after the first Monday in
23 November, 1997, and a like election shall be held on the first Tuesday after the first Monday in
24 November every four years thereafter, in the City for the nomination of candidates for the
following offices:
25
1. Mayor;
26
27 2. Member of the Common Council from the First Ward;
28 2 _
1 ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56-ELECTIONS
2 3. Member of the Common Council from the Second Ward;
3 4. Member of the Common Council from the Fourth Ward.
4 (Ord. MC-934, 3-8-95; Ord. 3601 (part), 1976; Ord. 3448 (part), 1974; Ord. 2048 §§1,2, 1954.)
5 2.56.020 Nomination and election.
6 Members of the Common Council shall be nominated and elected, as provided by the
Charter of the City,by the qualified electors of their respective wards. Each member shall have
7 been a legal resident and elector for at least thirty days next preceding the date of filing
8 nomination papers and shall continue to be a resident in the ward during his term of office. (Ord.
3601 (part), 1976; Ord. 2048 §2%a, 1954.)
9
2.56.030 Elections to be held in accordance with state law.
10
Primary elections shall be held in accordance with the provisions of Parts 1 and 2 of
11 Division 10 of the Elections Code, except as may be otherwise provided by ordinance or
12 resolution of the Mayor and Common Council. (Ord. 3792 §1, 1978; Ord. 2779, 1966; Ord. 2048
§3(a), 1954.)
13
2.56.040 Method of nomination; nomination tiling.
14
A. Candidates may be nominated for any of the elective offices of the City in the
15 following manner:
16 Not earlier than the 113 ' day nor later than the 88th day before a municipal election
17 during normal office hours, as posted, nomination papers shall be issued to obtain signatures to
the nomination papers of any candidate. No voter may sign more than one nomination paper for
18 the same office, and in the event the voter does so, that voter's signature shall count only on the
first nomination paper filed which contains the voter's signature. Nomination papers
19 subsequently filed and containing that voter's signature shall be considered as though that
20 signature does not appear thereon.
21 B. Each seat on the governing body is a separate office. Any person registered to
vote at the election, and qualified to vote for the elective office of the City for which the
22 nomination is made, may circulate a nomination paper. Only one person may circulate each
nomination paper. Where there are full terms and short terms to be filled, the term shall be
23 specified in the nomination paper.
24 2.56.050 Nomination papers.
25
Nomination papers for the following respective offices shall be signed by voters of the area
26 for which the candidate is to be nominated as follows:
27
28 3
I ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56-ELECTIONS
2 A. Mayor, City Clerk, City Treasurer and City Attorney: not less than twenty voters,
3 nor more than thirty voters; and
4 B. Common Council members: not less than twenty voters, nor more than thirty
voters.
5 (Ord. 2429 (part), 1962; Ord. 2048 §3(c), 1954.)
6 2.56.060 Election to office after primary election.
7 A. Any candidate for a City office who at a primary election receives a majority
8 of all the ballots cast for candidates for the office for which such candidate seeks
nomination shall be elected to such office. (Ord. 2429 (part), 1962; Ord. 2048 §3(d),
9 1954.) (City Attorney Opinion No. 91-7; City Attorney Opinion No. 91-5.)
10 B. Where no candidate receives 50% of the votes plus one vote in the primary
election, the two candidates with the most votes shall face a runoff election in the general
11 election which may be conducted as a mail ballot election.
12
2.56.070 Date nomination papers filed with City Clerk.
13
All nomination papers shall be filed with the City Clerk not later than 5:00 p.m. on the eighty-
14 eighth day before the municipal election. Until that time, but not after, a candidate may
withdraw his or her nomination paper after it is filed with the City Clerk. (Ord. MC-852, 11-02-
15 92; Ord. 3306, 1972; Ord. 2048 §3(e), 1954.)
16
2.56.080 Filing Fee/Returned Checks
17
A. Filing Fee. The City Clerk shall supply all forms required for nominations and
18 election to all City offices. Such forms shall be distributed without charge to all such candidates
applying therefore; provided, however, that such forms shall not be distributed except upon the
19 prepayment of the filing fees. The filing fee for any office shall be two percent of the first year's
20 salary for the office for which the candidate is issued papers. No nomination papers shall be
issued or filed except upon proof of said prepayment. The filing fee shall not be refunded in the
21 event the candidate fails to qualify as a candidate. Notwithstanding any other provision of this
Chapter, a candidate may submit a petition containing signatures of registered voters in lieu of a
22 filing fee in accordance with provisions of Section 8106 of the Elections Code of the State. (Ord.
23 3601 (part) 1976; Ord. 2429 (part), 1962; Ord. 2048 §3(f), 1954.)
24 B. Returned Checks.
25 1. If a candidate's filing fees are paid by a check which is returned by the
City's depository as being uncollectible for insufficient funds or other reasons,the
26 candidate shall be disqualified if payment in full, in the form of a money order or
cashier's check payable to the City of San Bernardino, is not made by the close of the
27 nomination period.
28 4 _
1 ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56-ELECTIONS
2. If after the nomination period closes it is determined that a check for filing
3 fees is uncollectible for insufficient funds or other reasons, the candidate shall be
4 disqualified.
5 3. A charge of twenty-six dollars ($26.00) shall be imposed for the cost of
each check returned by the City's depository as being uncollectible for insufficient funds
6 or for other reasons.
7 2.56.090 Repealed by
8 2.56.100 Duty of City Clerk
9
The City Clerk is instructed and authorized to procure,prepare and distribute all
10 ( necessary ballots and election supplies for said election. (Ord. MC-2048 §4, 1954.)
11 2,56.105 Contracts with Civic and Service Organizations for Precinct Boards.
12 Prior to any election the City Clerk may contract with any Civic or Service Organization
13 located within the City of San Bernardino to provide necessary Precinct Boards for such election.
Such contracts may cover both primary and general elections. The compensation to be paid such
14 precinct workers pursuant to the contract shall be established by the Mayor and Council from
time to time by resolution and may be paid to the precinct workers or directly to the organization
15 as determined in the contract. Any such Precinct Boards provided by Civic or Service
16 organizations shall be subject to the same qualifications and training requirements as other
Precinct Boards as required by the Elections Code. Any such contract shall require that the
17 contracting organization not discriminate in its membership or services on the basis of race,
color, creed, religion, national origin, sex, or physical handicap. (Ord. MC-860, 01-20-93.)
18
19 2.56.110 Hours polls to be open. Publication and form of Notice of Election.
20 A. The polls shall be open at 7:00 a.m. of the day of any election, and shall be kept
open until 8:00 p.m. of the same day, when the polls shall be closed. When the polls are closed,
21 the precinct board shall proclaim that fact aloud at the place of election. After the proclamation
no ballot shall be received. However, if at the hour of closing there are any other voters in the
22 polling place, or in line at the door,who are qualified to vote and have not been able to do so
since appearing, the polls shall be kept open a sufficient time to enable them to vote. Any one
23 who arrives at the polling place after the time provided for closing the polls shall not be entitled
24 to vote, even though the polls are open when the voter arrives.
25 B. Primary and general elections shall be held at the regularly designated polling
places in each precinct as designated in the resolution setting forth the number of consolidated
26 precincts and the location of each polling place. The officers of election appointed and the
polling places designated for the primary election shall be the officers and polling places of the
27 general election so far as possible. Such resolution shall also set forth the list of the names of the
28 5 _
I ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56-ELECTIONS
2 election officers appointed. The composition of the precinct board shall be determined by the
elections official based on election precinct size. The precinct board shall consist of a minimum
3 of one inspector and two clerks. Additional clerk positions may be allocated in proportion to the
4 number of registered voters within the precinct.
5 C. Not earlier than the 127`"nor later than the 113`" day before any primary election,
and not earlier than the fifty-fourth day nor later than the tenth day before any general municipal
6 election, the City Clerk shall publish a notice of the election pursuant to Section 6061 of the
Government Code in a newspaper of general circulation published and circulated in the City and
7 shall post the notice on the City's official website. The notice shall be headed"Notice of
8 Election," and shall contain a statement of:
9 1. The time of the election;
2. The offices to be filled, specifying full term or short term, as the case may
10 be;
3. The hours the polls will be open;
11 4. The Central Count Location.
12
(Ord. MC-864, 3-22-93; Ord. 3312, 1972; Ord. 2048 §5, 1954)
13
2.56.120 Publication of names of nominees.
14
The City Clerk shall,not later than one week before the election,publish a list of the
15 names of the nominees in the order in which they appear on the ballot and the respective offices
16 for which they have been nominated. Publication shall be in the City in a newspaper of general
circulation. This list shall be headed, "Nominees for Public Office,"in conspicuous type, and
17 shall be substantially in the following form:
18 NOMINEES FOR PUBLIC OFFICE
19 Notice is hereby given that the following persons have been nominated for the offices
20 mentioned below to be filled at the (primary/general) municipal election to be held in the City of
San Bernardino on the_day of _.
21
(Here follow with the list of nominees.)
22
Dated,
23
24 City Clerk
25
26
27
28 _ 6 _
1 ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56-ELECTIONS
2
2.56.130 Canvass of election returns.
3
4 A. On the second day after a City election, exclusive of holidays, at one-thirty p.m.,
the Mayor and Common Council, or the City Clerk, or a canvassing board appointed by the City
5 Clerk by order of the Mayor and Common Council shall meet at the City Hall, San Bernardino,
California, and proceed to canvass the election returns.
6
B. The previous paragraph notwithstanding, all City elections consolidated with
7 elections conducted by the County of San Bernardino, and all City elections that are conducted
8 pursuant to agreement with the County of San Bernardino shall follow the County's process for
the conduct of such elections and the canvass of such returns
9
C. At the next regular or adjourned regular Council meeting following the
10 completion of the canvass,the Mayor and Common Council shall declare the results of the
election as certified by the City Clerk or the Registrar of Voters of the County of San Bernardino
11 as being official.
12 2.56.140 Ballots cast under Vote by Mail Law
13
A. All ballots cast under the provisions of the State Elections Code Vote by Mail
14 Application Procedures in effect as of the date of the election, shall be issued,received and
canvassed within the time provided for general law cities.
15
16 B. Repealed by MC-862, 3-8-93
17 C. Return of voted ballot
18 1. All vote by mail ballots cast under this section shall be voted on or before
the day of the election. After marking the ballot, the vote by mail voter shall do either of
19 the following: (a) return the ballot by mail or in person to the elections official from
20 whom it came or(b)return the ballot in person to any member of a precinct board at any
polling place within the jurisdiction. However, a vote by mail voter, who,because of
21 illness or other physical disability, is unable to return the ballot,may designate his or her
spouse, child,parent, grandparent, grandchild, brother, sister, or a person residing in the
22 same household as the vote by mail voter to return the ballot to the elections official from
whom it came or to the precinct board at any polling place within the jurisdiction. The
23 ballot must, however,be received by either the elections official from whom it came or
24 the precinct board before the close of the polls on election day.
25 2. The elections official shall establish procedures to ensure the secrecy of
any ballot returned to a precinct polling place and the security, confidentiality, and
26 integrity of any personal information collected, stored, or otherwise used pursuant to this
section.
27
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I ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56-ELECTIONS
2 3. On or before March 1, 2008, the elections official shall establish
procedures to track and confirm the receipt of voted vote by mail ballots and to make this
3 information available by means of online access using the county's elections division
4 Internet Web site. If the county does not have an elections division Internet Web site,the
elections official shall establish a toll-free telephone number that may be used to confirm
5 the date a voted vote by mail ballot was received.
6 4. The provisions of this section are mandatory, not directory, and no ballot
shall be counted if it is not delivered in compliance with this section.
7
8 5. Notwithstanding subdivision(1), no vote by mail voter's ballot shall be
returned by any paid or volunteer worker of any general purpose committee, controlled
9 committee, independent expenditure committee,political party, candidate's campaign
committee, or any other group or organization at whose behest the individual designated
10 to return the ballot is performing a service. However, this subdivision shall not apply to a
candidate or a candidate's spouse.
11
12 D. Vote by mail ballot may be voted at office of elections official or satellite
locations.
13
1. Any voter using a vote by mail ballot may, prior to the close of the polls
14 on election day, vote the ballot at the office of the elections official. The voter shall vote
the ballot in the presence of an officer of the elections official or in a voting booth, at the
15 discretion of the elections official,but in no case may his or her vote be observed. Where
16 voting machines are used the elections official may provide one voting machine for each
ballot type used within the jurisdiction. Elections officials may provide electronic voting
17 devices for this purpose provided that sufficient devices are provided to include all ballot
types in the election.
18
2. For purposes of this section, the office of an elections official may include
19 satellite locations. Notice of the satellite locations shall be made by the elections official
20 by the issuance of a general news release, issued not later than 14 days prior to voting at
the satellite location, except that in a county with a declared emergency or disaster, notice
21 shall be made not later than 48 hours prior to voting at the satellite location. The news
release shall set forth the following information:
22 (a) The satellite location or locations.
(b) The dates and hours the satellite location or locations will be open.
23 (c) A telephone number that voters may use to obtain information
24 regarding vote by mail ballots and the satellite locations.
25 3. Vote by mail ballots voted at a satellite location pursuant to this section
shall be placed in a vote by mail voter identification envelope to be completed by the
26 voter pursuant to Elections Code Section 3011. However, if the elections official utilizes
electronic voting devices, the vote by mail ballot may be cast on an electronic voting
27 device.
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1 ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56-ELECTIONS
2
E. Willful interference with return of completed Vote By Mail Ballot.
3
4 Except as provided for in San Bernardino Municipal Code Section 2.56.140 (C), any
person having charge of a completed vote by mail ballot who willfully interferes or causes
5 interference with its return to the local elections official having jurisdiction over the election is
guilty of a misdemeanor.
6
(Ord. MC-862, 3-8-93; Ord. MC-473, 9-13-85; Ord. 2429 (part) 1962; Ord. 2048 §8, 1954.)
7
8 2.56.142 Time period to return vote by mail ballot application.
9 A. Any individual, organization, or group that distributes applications for vote by
mail voter ballots and receives completed application forms shall return the forms to the
10 appropriate elections official within 72 hours of receiving the completed forms, or before the
deadline for application,whichever is sooner. The name, address, and telephone number of any
11 organization that authorizes the distribution of the applications shall be included on the
12 application.
13 B. Any application for a vote by mail voter's ballot that is sent by an individual,
group, or organization to a voter shall be non-forwardable. Any vote by mail voter's ballot that
14 is returned to an elections official as undeliverable shall not be forwarded by the elections
official.
15
16 C. A person may not submit a vote by mail ballot application electronically for
another registered voter.
17
D. Any person, other than the voter, who willfully(1)retains a completed application
18 for vote by mail ballot,with or without the voter's authorization, for more than three days,
excluding weekends and state holidays, or by the deadline for return of an application for vote by
19 mail ballot,whichever is earlier, or(2) denies an applicant the right to return his or her own
20 completed application for vote by mail ballot to the local elections official having jurisdiction
over the election, or dissuades or attempts to dissuade such applicant to not so return his or her
21 completed application for vote by mail ballot, is guilty of a misdemeanor. (Ord. MC-654, 4-3-
89.)
22
23 2.56.143 Repealed by
24 2.56.144 Repealed by
25 2.56.146 Repealed by
26
27
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I ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56-ELECTIONS
2.56.148 Electioneering during vote by mail voting.
3
4 A. No candidate or representative of a candidate, and no proponent, opponent, or
representative of a proponent or opponent, of an initiative, referendum, or recall measure, or of a
5 charter amendment, shall solicit the vote of a vote by mail voter, or do any electioneering,while
in the residence or in the immediate presence of the voter, and during the time he or she knows
6 the vote by mail voter is voting.
7 B. Any person who knowingly violates this section is guilty of a misdemeanor.
8
C. This section shall not be construed to conflict with any provision of the federal
9 Voting Rights Act of 1965, as amended,not to preclude electioneering by mail or telephone or in
public places, except as prohibited by Election Code Section 18370 or by any other provision of
10 law.(Ord. MC-657, 4-3-89.)
11 2,56.150 General elections.
12
A. General elections shall be conducted under the same laws as the primary
13 election and shall be held on the first Tuesday in February of each even numbered
year. Names of candidates elected in the primary election shall not appear on the
14 ballot in the ensuing general election. The officers elected at either the primary or
general election shall hold office for terms of four years from and after the first
15 Monday in March next succeeding their elections. (Ord. MC-934, 3-8-95; Ord. 3448 (part), 1974;
16 Ord. 2048 §9, 1954.)
17 B. When there is a run-off election occurring, as part of the general election, it may
be conducted as a mail ballot election, pursuant to the provisions of the Elections Code.
18
2.56.160 Recall elections.
19
20 A. A recall election to remove an elected officer pursuant to Charter Section 122
shall be ordered, held and conducted and the result thereof made known and declared in the same
21 manner provided for by general law except as hereinafter set forth, or as may be otherwise
provided by ordinance or resolution.
22
B. Nominations of candidates to succeed the recalled officer shall be made in the
23 manner prescribed for nominating a candidate to that office in a regular election insofar as that
i
24 procedure is consistent with this section.
j25 C. Nomination of candidates to succeed recalled officer. Nomination papers shall
' be issued not earlier than the 113a' day no later than five p.m. on the 75b day before the recall
26 election.
i
27
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I ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56-ELECTIONS
2 D. Date filed with City Clerk. All nomination papers shall be filed with the City
3 Clerk not later than 4:00 p.m. on the 75th day before the recall election.
4 E. Not earlier than the 127th day, nor later than the 113th day before a recall
election, the City Clerk shall publish a notice of the election in the City in a newspaper of general
5 circulation, and post such notice on the City's official web site. The notice shall be headed
"Notice of Election,"and shall contain a statement of:
6
1. The time of the election;
7 2. The offices to be filled, specifying full term or short term, as the case may be;
8 3. The hours the polls will be open;
4. The central count location.
9
F. Vote By Mail. Not earlier than the twenty-ninth day,nor later than the seventh day
10 before a recall election, any voter entitled to a vote by mail ballot as provided in Elections Code
Section§3003 may file with the City Clerk either in person or by mail, his or her written
11 application for a vote by mail voter's ballot. The application shall be signed by the applicant,
12 and shall show his or her place of residence.
13 G. Any applications received by the elections official prior to the 29s'day shall be kept
and processed during the application period.
14 (Ord. 3601 (part), 1976; Ord. 2048 §10, 1954.)
15 2,56.170 Special elections
16 A. The Mayor and Common Council shall call a special election to be held on a
17 Tuesday, not less than ninety(90)nor more than one hundred eighty(180) days following such
call. If an established election date set by Section 10 of the Charter of the City of San Bernardino
18 falls within that time period, such special election shall be held on that date. Two or more
19 special elections of the City may be combined into one election.
20 B. When it is legally possible to hold a special election on an initiative measure that
has qualified pursuant to the City Charter Section 120, such special election shall be held in
21 accordance with Elections Code Section 1405.
22 C. If the special election is held to fill a vacancy on the Council, it shall be called
within thirty(30) days after such vacancy. hi such cases, the election shall be held not less than
23 ninety(90)nor more than one hundred eighty(180)days following such vacancy. Any such
24 special election so called shall be held in compliance with the provisions of the Charter and
applicable ordinances of the City. Unless the election is not held as provided in Section
25 2.56.175, the candidate receiving the plurality of votes cast at such special election shall be
elected to fill the vacancy.
26 (Ord. MC-1227, 6-05-06; Ord. MC-877, 6-7-93; MC-3601 (part), 1976; Ord. 2048 §10,
27 1954.) (City Attorney Opinion No. 96-9)
28 11 -
I ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56-ELECTIONS
2 2.56.171 Special Elections; alternate procedure.
3 A. Where a vacancy exists on the Common Council, the Council may, as an
4 alternative to the procedure outlined in Section 2.56.170, call a special election to be held on a
Tuesday,within the time limits set by Section 2.56.170 to be conducted wholly by mail ballots.
5 Such elections shall be conducted in accordance with the provisions of Section 4000, et seq. of
the Elections Code of the State of California.
6 (Ord. MC-877, 6-7-93.)
7 B. Whenever a ballot measure qualifies for the ballot, the Council may call a special
8 election to be held on a Tuesday, within the time limits set by Section 2.56.170,to be conducted
wholly by mail ballots.
9
2.56.173 Uncontested regularly scheduled election.
10
A. If, by 5:00 P.M, on the 88`h day prior to the day fixed for a regularly scheduled
11 municipal election, or the 83`a day if an incumbent fails to file, no one or only one person has
12 been nominated for any office which is elected on a city wide basis, or no one or only one person
is nominated to be elected from or by a ward, the City Clerk shall submit a certificate of these
13 facts to the Mayor and Common Council and inform the Mayor and Common Council that it
may, at a regular or special meeting held before the municipal election, adopt one of the
14 following courses of action:
15 1. Appoint to the office the person who has been nominated.
16 2. Appoint to the office any eligible elector if no one has been nominated.
17
3. Hold the election if either no one or only one person has been nominated.
18 The City Clerk shall post on the City's official web site and publish a notice of the facts
described in this section and the courses of action available under this subdivision.
19 Publication shall be made pursuant to Section 6061 of the Government Code in any
20 newspaper of general circulation as designated by the Clerk.
21 B. After the fifth day following the date of publication, the Mayor and Common
Council may make the appointment or direct an election to be held in the affected legislative
22 district. The person appointed, if any, shall qualify and take office and serve exactly as if elected
23 at a municipal election for the office.
24 C. If, by the 75t' day before the municipal election, no person has been appointed to
office pursuant to paragraphs (1) or(2), the election shall be held.
25
D. Notwithstanding Elections Code Section 8600 et seq. or any other provision of
26 law to the contrary, if the Mayor and Common Council makes an appointment pursuant to
subdivision"A,"the Clerk shall not accept for filing any statement of write-in candidacy which
27 is submitted after the appointment is made.
28 - 12 -
I ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56-ELECTIONS
2
E. In the event that an appointment is made in a particular ward pursuant to
3 subdivision"A"that appointment shall not affect the conduct of the municipal election in other
4 legislative districts of the City. (Ord. MC-761, 11-26-90.)
5 2.56.175 Uncontested special election to fill vacancy in office.
6 A. If,by 5:00 P.M on the 88th day before a municipal election to fill a vacancy on the
Council, as called pursuant to Section 14-A of the Charter,no one or only one person has been
7 nominated for such office to be filled at that election,the City Clerk shall submit a certificate of
8 these facts to the Mayor and Common Council and inform the Mayor and Common Council that
it may, at a regular or special meeting held before the municipal election, adopt one of the
9 following courses of action:
10 1. Appoint to such office the person who has been nominated.
2. Appoint to such office any eligible elector if no one has been nominated.
11 3. Hold the election if either no one, or only one person, has been nominated.
12 B. The City Clerk shall post on the City's website and/or publish a notice of the facts
13 described in this Section and the courses of action available under this subdivision. Publication
shall be made pursuant to Section 6061 of the Government Code in any newspaper of general
14 circulation as designated by the Clerk. After the fifth day following the date of publication,the
Mayor and Common Council may make such an appointment or direct an election to be held.
15 The person appointed, if any, shall qualify and take office and serve exactly as if elected at a
16 municipal election for that office. If,by the 75s' day before the municipal election,no person has
been appointed to office pursuant to paragraphs (1) or(2), the election shall be held.
17
C. Notwithstanding Elections Code Sections 8600 et seq. or any other provision of
18 law to the contrary, if the Mayor and Common Council make an appointment as provided in this
Section, the City Clerk shall not accept for filing any statement of write-in candidacy which is
19 submitted after the appointment is made.
20 (Ord. MC-761, 11-26-90.)
21 2.56.180 Unconstitutionality or invalidity of residence requirements.
22 In the event any court of competent jurisdiction adjudicates that the
residency requirements set forth in the provisions of the Charter, or any ordinance
23 of the City of candidates for elective municipal offices in any primary, general,
24 special or recall election are unconstitutional or invalid, the residency requirement
for candidates for such elective offices shall be a period of at least thirty days next
25 preceding the filing of nomination papers for their election in the ward, or in the City,
as maybe applicable. (Ord. 3549, 1976; Ord. 2048 §11, 1954.)
26
27
28 - 13 -
1 ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56-ELECTIONS
2
2,56.190 Fiscal analysis of measure.
3
4 Whenever any City measure qualifies for a place on the ballot,the Mayor and Common
Council may direct designated officers of the City to prepare an impartial fiscal analysis of the
5 measure showing the amount of any increase or decrease in revenue or cost to the City of San
Bernardino. The fiscal analysis shall be printed preceding the arguments for and against the
6 measure. If a City Attorney's analysis has also been directed pursuant to Section 9280 of the
Elections Code,the City Attorney's analysis and the fiscal analysis shall be separately set forth.
7 (Ord. MC-97, 1981.)
8 2.56.195 Repealed by
9
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
10
Common Council of the City of San Bernardino at a meeting thereof,held on the
11 _day of 2009,by the following vote, to wit:
12
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
13
ESTRADA
14 BAXTER
15 BRINKER
16 SHORETT
17 KELLEY
18 JOHNSON
19 MC CAMMACK
20
21 Rachel G. Clark, City Clerk
22 The foregoing Ordinance is hereby approved this_day of , 2009.
23
24 PATRICK J. MORRIS, Mayor
City of San Bernardino
25 Approved as to form:
26
JAMES F. PENMAN
27 City Attorney
21 1 - 14 -