The URL can be used to link to this page

Home My WebLink About17-City Clerk CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Rachel G. Clark, City Clerk Subject: Ordinance Amending San Bernardino Municipal Code 2.56 - Elections Dept: City Clerk Date: September 10, 2009 MICC 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 9/9109. 12m98 Ordinance MC-1 036 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. Q~ '- AJ_ ~ Signature Contact person: R""h..1 r..".k phn"". "yt ~,}1n Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: Amount: None Source: (Ace!. No.) (A""t n..<:",irtinn) Finance: Council Notes: Agenda Item No. /1 /D, S" -()Cf CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report TO: FROM: DATE: RE: Honorable Mayor and Members of the Common Council Rachel G. Clark, City Clerk September 10, 2009 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 Backl!round: 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 Cornmittee. 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 of2.56 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 2.56.11 OB, 2.56.160, 2.56.173 A 3, we propose adding language that would require us to post notices on the City's official web site 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 (0 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 2.56.001 September 10, 2009 Proposed Changes to Chapter 2.56 ELECTIONS Of the San Bemanlino Municipal Code Snbmitted by Rachel G. CImk, City Clerk Law governing municipal elections. A. Primary, general, special or recall municipal elections sball be condncted in the manner provided for by general law except as hereinafter set forth. or as may be otherwise provided by ordinance or resolution. 1. ~twithstaBding the "._.:';;085 ofBleeti085 Code Seeli085 19B IEee _. JJQ17] af HDY judirrial iBte_r_li:liSB theN., after 1ke Nasi,. "1 the v:eter af 8ft ahseat -. ster hall~ Be e1eatiBB a-Y"~g7 veluuteer er werher shaD t..__.:I1U 9f _~~11Jle haBet ef SHeil allStmtee vater ill 8By "'=--:1', gea8Ial. speeiaL 91' H~R11 JB9Bieip&l eleetieR. 2. Nat,..4tll'>tr~dl1tg the 1"~....:sieB:S af Califemia BleeB9B5 Cede gasbeRS lllOO et Slllj., 18ee BOW i3g088tl i31lOO et Slllj.] or IlIlY jlKlieial :~1!' Juala1:isR 1hereaf, 8B applieatisB for _semal! MIIet ~"'_11 Bet lie -.~iB ,,_l_SS made on 8 roRR issued Ie the 8J11llieant ~. the San BeFRRRiine City Clerk's Oftiee. The)lf9Visions oflhis sulJseelion sIlllU aet 8JIIlly Ie felJHests fer 013688188 \mIIefS fer a GtMUilll:doteEl ele\ltiaa Go-tlnlT1ed wEier Califemia EleetioB5 Code Section 23300 [See new ilg100] or ror reqeeGlS fer HseBtBe hall8f& Nsei";ed HeHl8 ,as_ wile is a "B9,,-_Lnlate~. I'SFS8B" as 1l1at ~dl is defiBed iB <Jolift JHs lle8l1lt 8BEl ~afe1y Cede gasSeR BBl.; 1. tvo vote by mail voter's ballot shall be returned by any paid or volunteer worker of any general purpase committee, controlled committee, independent expenditure committee, palitical 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 , spause. . 2 /lny 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. ComIDMl: [RCl]: Rf:pml8!l this is covered by EC 3017 (c). 300 md 3000. ct ... ! Comment [RC2.]: Language in EC i 3017(e) PROPOSED CHANGES TO TITLE 2 - ELECTIONS SUBMITTED BY RACHEL G. CLARK. CITY 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 informotion 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 campoign 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: "Yau 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 pennanent 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 of perjury. B. AI1y person, linn or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be pmrisbable 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 first Monday in November every four yean; thereafter, in the City for the nomination of candidates for the following offices: 1. Member of the Counnon COUDCiI from the ThiId Ward; 2. Member of the Counnon Council from the Fifth Ward; . Comment [RC3]: EC 3006 2 PROPOSED CHANGES TO TITLE 2 - ELECTIONS SUBMITTED BY RACHEL G. CLARK. CTIY CLERK 3. Member of the Common Connell from the Sixth Ward; 4. Member of the Common Connell from the Seventh Wan!; 5. City Clerk; 6. City Treasurer; 7. City Attorney. B. A primaIy election shal1 be beld on the first Tuesday after the first Monday in November, 1997, and a like election shal1 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 Connell from the First Ward; 3. Member ofthe 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. 2048 ~~1.2. 1954.) 2.56.020 Nomination and election. Members of the Common Conncil shall be nominated and elected, as provided by the Charter of the City, by the qualified electors of their respective wards. Each member sball bave 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 wan! during his term of office. (Ord. 3601 (part), 1976; Ord. 2048 ~2Y2, 1954.) 2.56.030 Elections to be held in accordance with state law. Primary elections shal1 be held in accordance with the provisions of Parts I and 2 of Division 11 (8ee Il8W Division l0}-0f the Elections Code. except as may be otherwise provided by ordinance or resolution of the Mayor and Common Council (Ord. 3792 ~I, 1978; Ord. 2779, 1966; Ord. 2048 ~3(a), 1954.) 2.56.040 'rime feF elJtaiBiBg sigHa_Fes Method of nomination; nomination filing. ~le-;RRtioH JlllfleFS shall be il;sue<i aBd veFifiealisn dopulies lIflIlointed te obtain sigBatUfes t9 the Rominab.eR papeFS sf ~T elHulidm1 at~. time Rat eaFlier 1baB the 3 PROPOSED CHANGES TO TITLE 2 - ELECTIONS SUBMITTED BY RACHEL G. CLARK. CITY CLERK eighlr aiBth day, Ref Ialer '''~A twelve Reea en the sHay eigIlth doy, befefll the m1:lBiaip&l sleetieR. Pi:wAdml. llewe"lef, tIat fer the 199~ slasHeR aBly, suek pSRed shall he Rat eafIier .1.~ the BiBe1:y first day Hef later .1..~_ twelve Be ea eft the 5e\~Htietk day llofOfll tho mUBiaifllll e1eatien (On!. MC-852, 11-2-92; On!. 3271, 1972; On!. 2048 ~3(b), 1954.) (::andidates may be nominated for "'tY of the elective offices of the City in the following manner: Not earlier than the ] ]:f' day nor later than the sl!' 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. Aay person registered to vote at the election, and qualified to vote for the elective office of the City for 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. 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 Cieri<, City Treasurer and City Attorney: not less than twenty voters, nor more than thirty voters; and B. Common Council members; not less than fiftee&-twenty voters, nor more than meRly five thirty voters; (Ord. 2429 (part), 1962; On!. 2048 ~3(c), 1954.) 2.56.060 EIection to office after primary eIection. 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 shaI1 be elected to such office. (Ord. 2429 (part), 1962; On!. 2048 ~3(d), 1954.) (City Attorney Opinion No. 91-7; City Attorney Opinion No. 91-5.) ! Comment [RC4]: Language similar to ! : EC 10220 ' 1~[RCS]:""",",,"t_EC : 110220 I 4 PROPOSED CHANGES TO TITLE 2 - ELECTIONS SUBMITfED BY RACHEL G. CLARK. CITY CLERK Where no candidate receives 50% pf the votes plus one vote in the primary election, the two candidates with the most votes shall face a runoff election in the general - -... --- - election which may be conducted as a mail ballot election. 2.56.070 Date nomination papers rded with City Clerk. ~1 nomination papers shall be filed with the City Clerk not later !ban twelve RBBR 5 p.m. on the 5ilIly-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 ftledwith the City Clerk.Pfe ;id@lI,lie'.ve";ar,l1l8tftlrI1le19!l~el4lsliBRBR1)",u all BemimlieR JllljlefS s11a111le filed with the City Clea, R9l Jater 1haR twelve BeeR eR the SO\ eRlielh day llefefO the 1RU1l'eip&! eleetieR. (0nI. MC-S52, 11~2-92; 0nI. 3306, 1972; On!. 2048 ~3(e), 1954.) 2.56.080 Filing Fee/Retumed Checks A. Filing Fee The City Clerk shall supply all fonns required for nominations and election to all City offices. Such forms shall be distnbuted without charge to all such candidates applying therefore; provided, however, that such funns shall not be distributed except upon the prepayment of the filing fees. The filing fee for any office shall be two perceut 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 li555 Igee aew-f8106J-<Jfthe Elections Code of the S1ate. (0nI. 3601 (part) 1976; On!. 2429 (part), 1962; 0nI. 2048 ~3(f), 1954.) B. Retumed Checks If a candidate's filingfees 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 if payment in .fUll, in the form of a money order or cashier's check payable to the City of San Bemardino, is not made by the close of the nomination period. If after the nomination period closes it is determined that a check for filingfees is uncollectible for insufficient .fUnds or other reasons, the candidate shall be disqualified. : Com_[_]:Chonge_ , frommcetingwithROVcn719109 j Com_[RC7]:C<mmt<nt_EC I i 10224 I 5 PROPOSED CHANGES TO TITLE 2 - ELECTIONS SUBMITTED BY RACHEL G. CLARK. CITY CLERK 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 or for other reasons. 2.56.090 I8su8:Ree sf list ef RgisteFed veteA The CHy (;tefk is 9Ulkemed 16 issue te eaeli W""~:lfl>t< eRe list sf the registered '\ ateFS feBi.a.:-g ",,;,,1.:- t:ke dis&iet ill vrhisll die --..a:~rte if; -'--~"'g fef efiiee. 8ueh lists r1.rl1lJe :furBished hy 11le City Clerk IUB~fI) after 1M slesiBg ef :aemiBatie~ and as seeD as SBek lists are madn 8~~lile ~'1Ile Regis1f8f ef \'etefS eftlte C9HItIy. (OHI. 2m) (Jmt), 1%2; om. 21H& 13(gl, 19~H.) 2.56.100 Duty of City Clerk The City Clerk is instructed and authorized to procure, prepare and distribute all necessary ballots and election supplies for said election. (Old. 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 Bernanlino to provide necessary Precinct Boards for such election. Snch contracts may cover both primary and general elections. The compensation to be paid such precinct workers pursuant to the contract shan 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 detennined in the contract. Any such Precinct Boards provided by Civic or Service organizations sba1l be subject to the same qualifications and training requirements as other Precinct Boards as required by the Elections Code. Any such contract sba1l 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. Publicalion and form of NotiJ:e of Elecdon. A. n.e heur sf seYeR 8.m.. ea tile date ef eleeli.9BS is ked as the heBr fer apeBiBg the palls, &Bd die keur ef eight p.m. at said tlaw is mEed 85 the heur fer ele-=-g the pells at saek slasHBRS; .-_ Adad. kewetler, that if at ~-~.:I heur ef ela-=-g tkere are 8BY etken ateu ill IIIe peIIiBg pIaees er ill IiBe Mille deer thereef wile are <)"-1,:cnd te .:ete 8IMI wile hIwe Bet h BIB ahle te de SB -=--0 8PJI B BfiB8, lite ,eYs shall be IE. apeD a StFsi.!Bt f-- 19 1!l:IUle .~-- te vete, 1Jut Be BIle wlte an=ives at a ,elliRg ,lase after eigllt ,.BI. ~l...1I lie _lided te -~ altlteugll1ke ,ails lIHIY Ile ll)leR WileR Q1ek fl8f68R &..i .-8s. :nee polls sIuIIl be open at 7 tLm. of tile day of iI1J)' elecdon, and shall be kept open until B pont. oflM same dtty, when the poUs shall be closed When 1M poDs are closed, the preci1u:t board shall proclaim thai fad aloud aI the pbu:e of election. After 1M proclonudion no ~D - [RCa]: Recommend deleting this Imguasc md substitWng language below from Elections Code 6 PROPOSED CHANGES TO TITLE 2 - ELECTIONS SUBMITTED BY RACHEL G. C/..ARK, CITY CLERK ballot shall be received. Howt!Vt!r, if at the hour of closing there are IlIIJI other ~oters in the polling plsce, or in line at the door, wIIo are fJlUIIifietl to vote and have not been aMe to do so since appearing, the poDs shall be kept open a suffICient time to enable them to ~ote. Any one wIIo arrives at the polling plsce after the time providedfor closing the polls shall not be entitled to ~ote, even though the polls are open wilen the ~oter anives. Primary and general elections shall be held at the regu1arly 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 primaIy 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. iaekpresiBetlJe8Fd "l..~11 se_SI: efeBe iBstleater, 9aej1Hlge and t\ve olerla;. iThe composition of the precind board sIuIll be determined by the elections official based on e/edion precinct ~ The precinct board shall consist of a minimum of one inspector and,"", c1erIrs. AdiIitionoI clerk positions may be aIJoc:atJ!d in proportion to the number of registered ~oters within the precinct... B. Not earlier than the eigllly niBlk 121" nor later than the sHoIy --<W'" 113" day before any primary election, and not earlier than the fifty-fonrth day nor later than the tenth day before any genernl municipal election, the City Clerk shall publish a notice of the election pursuant to Section 6061 of the Government Code aHeast _ in a newspaper of genernl circu1ation published and circu1ated in the City. and post on the City's off~iol website The notice sban 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 tenn or short term, as the case may be; 3. The honrs the pons will be open; 4. The Central Count Location. (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 )MI\3lisB a list 9f1ke ---as ef1lle Bemine,s, ill the BIBer ia .;;biek they aPl'sor eR Ike hallet, IlRllIke respeslive effieos for ",hiGh they have heaR RemiRated at least mise \JeHUS tke day sf eleetiea ill eRe aT HleFe daily 9f vrn1l1dy aewspap6FS )lIibliskell in Ike Cily. (0Fd. 2143. 1956; 0Fd. 2918, i6, 1951.) notlDterthan one week .j ~[RC8J:c:oos;..."lwilh j ElctticmsCode. 114212, 14401,14402 ' ! Comment [RC10): E1ccticos Code lu2304 ! Comment [Ra1]: Consistent with l Elections Code ~1210l i Comment [RC12]: Elcaions Code l ~12101 and 12109 Com_ [M013J: Ad<btion recommended by ROV on 7/9109; cmsistcd: with EC 12109 .J 7 PROPOSED CHANGES TO TITLE 2 - ELECTIONS SUBMITTED BY RACHEL G. CLARK, CITY CLERK btifore the election publish a 6st of the names of the 1I-u.ees, in the order in which they tIJ1PI!'U 011 the ballot, tllId the respective ojJices for which they have bee1I nominated. PublicatUm shall be in the city in a III!WSJHlPI!I' of general circulatioll. This list shall be hetuled, "Nomineesfor Public Off=. n in C01ISJ1icUOllS type, tllId shall be substtmtitllJy in the followingfonn: NOMINEES FOR PUBLIC OFJilCE Notice is hereby gWetI that the foUowi1lg pet'SDIIS have bee1IlIominated for the offices mentltmed below to be filled at the (primary/ge1leral) """,icipal election to be held in the ~ of StllI Bernardino 011 the _ diIy of (Here follow with the list of lIominees.) Dated, City Clerk 2.56.130 Canvass of election returns. 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 retnrns. 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 process for the conduct of such elections and the canvass of such returnS. . 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 Registrar of Voters of the COU1l1y of StllI Bernardino as being official. ________...___........u.. 2.56.140 Ballots cast under ......_ Y9teFlll.aw. Vote by Mail A. All ballots cast under the provisious of the .'\llaeBl '.~fS blm. State Elections Code Vote by Mail Application froceduresin effect as of the date of ! Comment [RC14]: Elections Code i ~1211O I ~[RC15]:CiIy""""'" I Sc<tionll .1......- [RCl5]: City""""'" Sectionll I eom_[RCl7): g.",ECChopt<< I [1.g.",.3000.""" ' 8 PROPOSED CHANGES TO TITLE 2 - ELECTIONS SUBMITTED BY RACHEL G_ CLARK. CITY CLERK electionill eRler l!Iat 1Iley ~. be eeHm.~, sball be issued, received and canvassed within the time provided for... general law cities. B. Repealed by MC-862, 3-8-93) C. Retum of voted ballo~ (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 moil voter shall do either of the follawing: (a) return the baUot by mail or in person to the elections official from whom it came or (b) return the ballot in persvn 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 retum the ballo~ 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 retum 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 retumed 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 I, 2008, the elections official shall establish procedures to track and confirm the receipt of voted 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 Intemet 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 returned 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 retum the ballot is peiforming a service. However, this subdivision shall not apply to a candidate or a candidate's spouse. D. Vote by mail ballot may be voted at office of elections official or satellite locations. - i Coonment[RC18]:~fiom l EC3011 9 PROPOSED CHANGES TO TITLE 2 - ELECTIONS SUBMI1TED BY RACHEL G. CLARK. CITY CLERK (1) Any voter using 0 vote by mail ballot may. prior to the close of the palls 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 of the satellite locations shall be made by the elections official by the issuance of a general news release, issued not Ioter than 14 days prior to voting at the satellite location, except that in a coun!)l 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 vole by mail voter identification envelope to be completed by the voter pursuant to Elections Cade Section 3011. However, if the elections official utilizes electronic voting devices, the vote by mail ballot may be cast on an electronic voting device. E. WillfUl inteiference with return of completed Vote By Mail Ballot. Except as providedfor in San Bernardino Municipal Code Section 2.56.140 A, any person having charge of a completed vote by mail ballot who willfUlly interferes or causes inteiference with its return to the local elections official hovingjurisdiction over the election is guil!)l of a misdemeanor. (On!. MC-862, 3-8-93; Ord. MC-473, 9-13-85; On!. 2429 (part) 1962; On!. 2048 ~8, 1954.) 1.S'.1 U 2.56.142 KeteatiBR 9f ~"'.dJseBt VMeF Ballot ............lieatiOB hey8Bd time limits. Tune period to return vate by mail ballot applicotion. 10 .1' Comment [RC19]: Language from EC3018 . '~[IlC2O]: MomIO<Uting 11__SBM0256.144.."., , secticn(a) PROPOSED CHANGES TO TITLE 2 - ELECTIONS SUBMITTED BY RACHEL G. CLARK, CITY CLERK "-.' (a) )4ny individual, org~, or grtHIp that distrilJldes applications for vote by mail voter boJJots and r<<eWes cmnpleted tlJ'Plication f017llS sAaR _ the f017llS to the fIJ1P'opriIIte e1edions ojJicial within 72 hours of receiving the completed forms, or before the deadline for appIictdion, whichever is IIOOner. The _, adJress, and telephone nlllllher of ""y 01'1ftl"izaIion that tudhorizes the distribution of the applications shaR be included 011 the app1icatWn. (6) Any app1icatWn for a vote by mail voter's ballot that is sent by "" individual, group, or 01'1ftl"izaIion to a voter sAaR be nonforwartlllble. Any vote by mail voter's baHot that is retIImeJ to "" eJections olfidal as _deliverable sAaR not be forwtll'ded by the electiollS officioJ. (c) A person may not submit a vote by mail baHot application electroniaUly for another registered voter. (d) Y\ny person, other than the voter, who wi1IfuJly (1) retains a completed allse9l _ application for vote by mail ballot llJlIIlieaa.eB, with or without the voter's authorization, for more than three days, excluding weekends and state holidays, or by the deadline for retnm of almeBt ,olefs' an application for vote by mail ballot llJlIIliealiallS, whichever is earlier. or (2) denies an applicant the right to return his or her own completed all!leBt yoter application for vote by mail ballot llJlIIliaatioB to the local elections official having jurisdiction over the election, or dissuades or attempts to dissnade such applicant to not so return his or her completed aIlseBt 'IOter application for vote by mail ballot llJlIIli6a80B, is gnilty of a misdemeanor. (Ord. MC-654, 4-3-89.) 2.56.143 RetuFR ef :\JueBt '~eF Ballot ~""-4J..lieati88. ~A.fter eam.plet4Bg 1Ile aBsent vater saJ:I.et appJiaati9B. tke 8BBSt -.ster ~'L_11 Mum the applisatisB \1y - _11 8f is psrS8B te tBe eftiei9:1 frem milem it BBB18. It is a miS'~em:BBBr fer 8BYPaFSeB, aun,t tile a~91!1tl vater, te MufB tile 8pJ31i?nti8B. to Ihe laool e1eotiOllollioiol. (0ftI. Me 651, 1 3 89.) 2.56.144 'V-illftll iBteFfereaee with RturR 8f eSlllpleted .\kseat Voter Ballet. ~ '\By ,em9&, etBer .1..__ t:Ile -. atef, B4Bg ~~8t ef a G9.111:pleted allsem ". atei' lJallGt wile l\illfaUy iRterfefes er B8uses iBttlf~!lh6e with. its felunt te the leeal eleeti9BS amsiall1a\4BgjufimliGtiea ever th.e eleoouR is guil~' af a mi&tlamntmer. IOr<l. MC 655, 4 :l 89) . 2.Sfi.li' RetuFB _II C8BBtiBg Bf &\hse&tee :SallMlt. ~I aI1ssatee haDN .1._11 he.. ate! 8B sr heis" tile ~. eftke eleetisR. ~'\fter H18rl"':-6 die halls! tile al3'seat ..ater _1.~11 eHher: (1) reBIRl die lrallat hy __~1 9f iB pefS8B to the efIieiaI ffem wham it --e aT (2) fetUFB die ballet ill pefS8B 19 my "1 Comment [RCZ1]:EC3008 Com_ [RC22]: """""' """"', L voter ballot to vote by mail ballol Comment [RCZ3]: Cownd unda- Be 3017andlDb2.56.142,_revised obove. Com_ [1lCZ4]: AmendoI Imaueae to be cmsistmt with Elections Code and inchmd as part ofSBM: 2.S6.140D 11 PROPOSED CHANGES TO TITLE 2 - ELECTIONS SUBMlTIED BY RACHEL G. CLARK. CITY CLERK member ef a luesiBet lteard at auy peIIiBg plaoo _":+I.~- the juFi'lj't1:~9Il. The ballet lRllSt, Jte.w~'er, he NseiveEllJy eUller tile eBieial from wIlem it 9 91' tile pFErr7 ba8Rl before the slese Billie polls OD eleeB9B dar. The ~. Clefk r"o" estalllish preeeliure te iBsuRl1Be seereey of 8Hy lloIl91 FetumeEl 18 a pre sma ,_11:_8 ,mUll. The J11.n. AsieBS af this OO~tiBB are ~..._.:I...+....'Y, Bat difeetef)', aDd Be ahnBt -:a.ballet r~111Je eOBBted Hit is Re! deli-.sred iB 68111J!1:---e witk lhis SesB8B. (ORl Me liSli, 1 3 89.) · . 1.1.1111 SelieHeti88 ef vete 8F e1eetiBBeeFiBg WL:1l! eHtmg 9f' alJseBtee l'9t~ 2.56.148 Electioneering during vote by mail voting. (a) ~o candidate or representative of a candidate, and no proponent, opponent, or representative of a proponent or opponent, of an initiative, referendtnn, or recall measure, or of a charter amendment, sbaIl solicit the vote of an aBseBlee a vote by mail voter, or do any electioneering, while in the residence or in the immediate presence of the voter, and dnring the time he or she knows the abseRtlle vote by moil voter is voting. (b) Any person who knowingly violates this section is gnilty of a misdemeanor. (c) This section shall not be construed to conflict with any provision of the federal Voting Rights Act of 1965, as amended, not to preclnde electioneering by mail or telephone or in public places, except as prohibited by Election Code Section 291111 [See Rew ~lg3711J, 18370 or by any other provision of law. (On!. MC~57. 4-3-89.) 2.56.150 General elections. Geneml elections sbaIl be conducted under the same laws as the primary election and sbaIl be held on the first Tuesday in Febrwuy of each even numbered year. Names of candidates elected in the primary election sbaIl not appear on the ballot in the ensuing general eJection. The officers elected at either the primaIy or general election shall hold office for tenDs of four years from and after the first Monday in March next suN'......ting their elections. (Ord. MC-934, 3-8-95; Ord. 3448 (part), 1974; Ord. 2048 ~9, 1954.) iWhen there is a run-ofJ election occurring, as part of the general election, it may be conducted as a mail ballot election, pursuant to the provisions of the Elecrions Code. Comment [RCZ5]: Covered und<< Be 3017 and included under SBM:; 2.56.140 CaIIIInent [RC26]: Language in Ee 18371 """'_[.....7]:Pro'"'-' opportunity to conduct dhtr elections by mailbellot 12 PROPOSED CHANGES TO TITLE 2 - ELECTIONS SUBMTITED BY RACHEL G. CLARK, CITY CLERK 2.56.160 Recall elections. ~......."...... A recall election to remove an elected officer pumI3Ilt to Charter Section 122 shall be ordered, be1d 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 [H'ovided by ordinance or resolution.. iRlIIisehaptef far RlUBioiJllllJ,..::-n,'X. Mil geaeml e1eeB9B5 ens. 85 fallews: "Nominations of candidates /0 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.'. A. Time for 0btaiftiBg gigoatures. Nomination of candidates to succeed recalled officer. Nomination papers shall be issned lIIlli ',efifiofttieR dcpuaes llJIIl6;BI!d 16 OOIaia signatHfes te Re-~~"'~9B JJ8JJBf5 Bf any G~_..a~datt' at aey time not earlier than the thirty-fifth J J 3"' day nor later than five p.m.on the ffi'elHy HHIth 75th day before the recall ~Iection B. Date filed with City Clerk. All nomination papers shall be filed with the City Clerk not later than wle jl.m.four p.m. on the 1\'I8m)' RiBIh 75th day before the recall election. C. Not earlier than the thirty fifth day. J 27th day, nor later than the teBIh 11 3th day before a recall election, the City Clerk sball publish a notice of the election at least 9Rse in eRe aT lRere ~aJiefS )RJhtisked aad sirsulated in the City in a newspaper of general circulation, and post on the City's ofjiciBl_b site. The notice shall be headed "Notice of Election," and shall contain a statement of: D. 1. The time of the election; 2. The offices to be filled, specifYing full teon or short term, as the case may be; 3. The hours the polls will be open; ~. The Central Count Location, ".hsaBlee Ballots. Vote By Mail. Not earlierthanth<: ~nty~day,. nor later than the seventh day before a recall eIection, any voter entitled to vote by "hseRt '. ater mail ballot as provided in Elections Code Section ~ (See _'I ~3003t, may file with the City Clerk either in person or by mail, his or her written application for 11II. allseBt ,eter' s a vote by mail voter's ballot. The application shall be signed by the applicant, and shall show his or her place of residence., ell ~1..~11 mako sleer te 1119 City {'lark tHe app}ieaRt's right 16 " 1101191. ~ "'~pplieati9BS Fesey:ed hy die CMy am 1..__~_ ea af after the feRietk ~. 1nll paeT te the ID1!B1:y siIEtk ~. "elaN eleeHeB sIIaU Bet "e fetumed te tJte ..1~[RC28]:~wilh I. E.C .2S6.00IA , I Com_[RC2lI]:~_ i B.C. 11381 i j Comment: (RC30]: Consistent with I ECJ1381 ~[MQI1]: Add;ti", ............JodbyROV719/O'f,~ with B.c. 12109 Commellll: (RCl2]: Elections Code i3001 13 PROPOSED CHANGES TO TITLE 2 - ELECTIONS SUBMITTED BY RACHEL G. CLARK. CITY CLERK seMer, 1mt shsII be held by the CiIy CleIk aad jlRl6essed by him feIIewiBg the w;e~' sHH:k day pHer ta eleeS9B ill tile --n ----tv' 85 if feeeived at dIat lime, Any applications received by the eJections tdJidtIl prior to the ZtJ' day shall be kept and processed during the applicmion period. (Ord. 3601 (part), 1976; Ord. 2048 ~1O, 1954.) 2.56.170 Special eIections The Mayor and Common Council sbaIl call a special election to be held on a Tuesday, not less than ninety (90) nor more than one hUlldred eighty (180) days following such call. If an established election date set by Section 10 of the Cbarter of the City of San Bernardino falls within tbat time period, such special election sbaIl be held on that date. Two or more special elections of the Cily may be combined into one election. When it is leg;illy possible to hold a special election on an initiative measure that has qualified pnrsuant to the Cily Charter Section 120, snch 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 caIled within thirty (30) days after such vacancy. 10 such cases, the election shall be held not less than ninely (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 Cily. Unless the election is not held as provided in Section 2.56.175, the candidate receiving the p1nraIily of votes cast at such special election sbaIl be elected to fill the vacancy. (Ord. MC-1227, tHJ5-06; Ord. MC-877, 6-7-93; MC-3601 (part), 1976; Ord. 2048 ~1O, 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 sbaIl be conducted in accordance with the provisions of Section ~ 4000 et seq. of the Elections Code of the State of California (Ord. MC-877, 6-7- 93.) 2.56.173 Uncontested regnlarly scheduled eJection. If, by 5 P.M. Gatka fiJ, on the sf!' day prior to the day fixed for a regnlarly schednled municipal election, or the S.r day if an incumbent fails to file, no one or only one person has been nominated for any office which is elected oIl.. a cily wide basis, or no one or only one person is nominated to be elected from or by a ward, the City Clerk sbaIl snbmit a certificate of these facts to the A. _ - i Comnlelll: [RC33]: Elections Code ! 13001 Comment [RC34J: SimilartoEC 10229 14 PROPOSED CHANGES TO TITLE 2 - ELECTIONS SUBMITTED BY RACHEL G. CLARK. CITY CLERK Mayor and Common Conncil and inform the Mayor and Common Conncil that it may, at a regnlar 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 eligtble elector if no one has been nominated. 3. Hold the election if either no one or only one person has been nominated. The City Cieri< sbaIl post on the City's official web site and publish a notice of the facts descnbed in this section and the coun;es of action available under this subdivision. Publication sball 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 teHilely legislative district. The person appointed, if any, sbaIl qualify and lake office and serve exactly as if elected at a municipal election for the office. If. by the W" _75'" day before the municipal election, no person has been appointed to office pursuant to paragraphs (1) or (2), the election shall be held. B. Notwithstanding Elections Code Section 7JQQ et seq. [gee ee,;; i8600 et seq.} or any other provision of law to the contrary, if the Mayor and Common Council makes an appointment pursuant to subdivision~, 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 fM, that appointment sbaIl 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 nil vacancy in office. A. If, by 5 P.M. &B the 63~ on the 88'" ~befon:arnunicipalelectiontoflUu / . a vacancy on the CounciL or any City wide office, as called pursuant to 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 sbaIl submit a certiftcate of these facts to the Mayor and Common Conncil and inform the Mayor and Common Council that it may, at a regnlar or special meeting held before the municipal election, adopt one of the following courses of action: 15 Comment [M035]: Olangercsulting ; from meeting wlROV 719/W; consistent with B.c. 10229 j Com_[RC3lI):_Code l fl0224 PROPOSED CHANGES TO TITLE 2 - ELECTIONS SUBMlTrED BY RACHEL G. CLARK. CTIY CLERK 1. Appoint to such office the person who has been nominated. 2. Appoint to such office 8DY eligIble elector if no one has been nominated. 3. Hold the election if either no one, or only one pelSOn, has been nominated. The City Clerk shall post on the City's website and/or publish a notice of the :fuets 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 pelSOn appointed, if 8DY. shall qualify and take office and serve exactly as if elected at a municipal election for that office. I( by the MI' 75'" day before the municipal election, no pelSOn has been appointed to office pnrsuant to parngmphs (1) or (2), the election shall be beld. B. Notwithstanding Elections Code Section 7300 et sell. Egee oow ~8600 et seq.tor any other provision of law to the contraIy, if the Mayor and Common Council make an appointment as provided in this Section, the City Clerk shall not accept for filing 8DY statement of write-in candidacy which is submitted after the appointment is made. (Ord. MC-761, 11-26-90.) 2.56.180 UnconstitntionaIity or invalidity of residence requirements. In the event any court of competent jurisdiction alljudicates 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 8DY primary, geneml, special or recall election are unconstitntioual 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 ~1l, 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 officess of the City to prepare an impartial fiscal analysis of the measure showing the amount of 8DY increase or decrease in revenue or cost to the City of San Bernan1ino. 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 5011 Egee BOO. ~9280t0fthe Elections Code, the City , Comment [M037]: Chonge ~I r remmmcnded byROV 7/9109; consistent , : withEC. 10229 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.) 1.~'.1~ VeluBtary EIjleadRBFe Cl!iliB~ , (Suspe_ded PW1Iu8llt te lie;,: 1936, 11 7 9Il_ A. PursaaHt te Ce.;eHHBeRt Cede 8eetiBR g3~QQ(~, die 1.'81..-..-," 23'lJ1eBEIit6re e^~l~Ae: far eamlidates Meller en..ili...;Ued SB :u_~ sf SHeil e--.I:dales fer eleafFle efti6e shall Bet 'JEased 8 6BIB.Eud tetal dellar __ eEjlI8I Ie $1.QQ per eaeh RlGideRt m the Dime! er WlmI m wIIieIt tile sa~d:Elate Hi seeI8Bg eleetive efliee fer Basil eleatisR. If saeh N'-.I:date is seeking eitywide eleetive effice, the S6mbiHed teI8I deIIar ametlBt elJIIlI! te $1.99 per eaeh resideut fef eaek eteatioB shaH lIe 1;85911 apeD tile tetal 1RHRger sf FesideBts ef 1M C~. ef gaB 8efBllRliRe. TIle ~Il..er sf resideBts wlHeIt shall deW-:_-; tile .;eln__"~r enpeadilBfe eeiling far sueh elsew;e amaas sRalIe9 bast?d \IPsa 1:ke JBast SlHTBBt fedeFal sensus S1Blisties available m the Cily Clerl<'G effiee. B. ~aek eandiElate fer eleetive etliee shall file a stat8HlSBt af aS6eJ1tiHfoo aT rejeetiea of the vehmtary e"jleawtufe 6eiliBg set fefth herein with the City CleRC befaHl asseptHlg ~T seamoutiellS. If SHek oo-d:date agfBBS ta a6cept said eJ!peawlufe eeiliRg, the e8IIdidnte sball ROt be subjee! Ie the eeRki9at:ioB limitatisDB iR G9VeFBIBUBt Cede gaegeR gj]Ql, \Jut skill he subject Ie the ealllflbotiaa limi.laliens m GeveFllHlt!Rl Code 8eetiea 85Hl2. The C#y ClerIc shaD JH'w.JjEle R9t:ifisak9R t9 -:9tefS 1:8at 1:88 saBllidate has accepted the valllRlafy e"penwlufe ceiling set ferth herein, as required!>)" G9";e~~~Rt Cede BeeH9R gj~92. c. }Ta e8luliElate fer W8f8 aT ~iEle e1eati-;e eftiee wile aeeepts t:Ile \'ehmtary eupeBdimre e71~-g estallliskell hereia and Be 6ilnknUeEl eemmHtee ef sueh a e8Blli'ilte ~""-11 __1_ OOIBpOiga eJil3eRdHeres 6lUBll1mi:";e15' ill eusess ef1l:te veln-.....j. 8UpSRditIR eu:1:-g set feRh hereia, D. !fa e8IIwdate deoliBes Ie aesellt the -rollllll81y 8l'lleaditure eeiliag set ferth. hefeiB, tlIe E\A_..a:date shall be suhjeet 18 the eeBtfitmtioo IimitatiaBS iR G9yeRHHeBt Cede geetieR g~391. E. If a GiHldiElate deeliBes te 8Seept 1:88 vakmlary eripeRditHFe eu~l:_g set farth hereiB 88El reeeives seotflbOO8B5, has eash aft hmtd, er ~_l.~S 'T-~l:.r~lI eripeadimres equal te 13~' ar Bl9fe efthe -;elHRt8ry enpeREliklfe e6:1:-g far that efiiee, tke vel8iHaFy tHiIH!BdHHn! G1!~l~~g set {aRb heFeia shalllJe tI.- times the Iimi.t SJleoified herem fer aay oaadillate fUIIIIiBg far tltat same eifiee. . - f Comment [RC38]: Smoc Ordinance l W1lSsuspcndcd. why ClIl't it be repealed? 17 PROPOSED CHANGES TO TITLE 2 - ELECTIONS SUBMITTED BY RACHEL G. CLARK. CITY CLERK F. If 8R iBde]:JeRdest enpeudHure 6BJB'IIIiUee er ea--:ttees ill the RggFegate speRa ill &uppeR ar 6f:1f:1ssibsB 19 a )W'.:a:date fer ailiae IRaN 4-1..__ 3~ sf the Rpplieable wlHBtary enpeuditufe eea:-z. the -;eJaBtBIy enpeadituJe eeiliRg -"'-11 he tInee times tile 1:_:1 spesiRetl kereiB fer any saRf:.:I-te J1.IIHliDg fef the ---n ailiee. G. Ene. as pEe Adea IURi&, tile pEt! Asia. sf die ~8]ifamia Peli1iaal Refefm ~A"ets ef 1971 &Rd 199(;, GEJ\s&~.8Ilt {;ede S8eS9BS &1000 at seq. (6elleeQ~leI3' "the ~A..ms"), BREI appJisal:1le regulatisBS Heptad pHISUftllt 1BeFete. as the ~-e maybe aHlv-.:a-dfrem time te time, -\..-11 gevem the iRterptetassR 9RS applieatisR eft1H5 seetiOR. H. The J!7"-lties aBEl FelBeElies fer 7ielatieBS efdHs seea8ll shall be these set feRli iR lile !.GIs. TlHs r\-t:~-~ee _1._11 takt! eifeet fer tweFY Pl'inHuy. Ge:aeFal, ReeaR ana 8jleeial Eleetien held lIB er after ~lavemller 5, 1m. This concludes nrooosed chaol!es recommended bv the City Clerk. April 21, 2006 - initial cbanges proposed and submitted to City Manager's Office. May 2009 - Additional changes proposed and reviewed with Sr. Asst. City Attorney Wilson- 1" draft completed 6/25/09 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, Depnty City Clerk Ochiqui with Registrar of Voters Karl VCIji1, Depnty Registrllr 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 CIeri<: Ochiqui met with Sr. Asst. City Attorney Wilson and minor changes recommended by Mr. Wilson are incorporated herein) .&ptember 1, 2009 - Changes made as a result ofLRC-meetiog held on July 21, 2009 September-3, 2009 - Met with Sr. Assistant City Attorney John Wilson and additional changes were made. 18 1 ORDINANCE NO. ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56 - ELECTIONS 2 3 4 The Mayor and Common Council of the City of San Bernardino do ordain as follows: Chapter 2.56 of the San Bernardino Municipal Code relating to Elections is hereby amended 5 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 manner provided for by general law except as hereinafter set forth, or as may be otherwise provided by ordinance or resolution. 9 10 11 1. No vote by mail voter's ballot shall be returned 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. 12 13 14 2. Any printed application that is to be distributed to voters for requesting vote by mail ballots shall contain spaces for the following: (a) The printed name and residence address of the voter as it appears on the affidavit of registration. (b) The address to which the ballot is to be mailed. (c) The voter's signature. (d) The name and date of the election for which the request is to be 15 16 17 18 made. (e) The date the application must be received by the elections official. 19 20 3. The information required by paragraphs (a), (d), (e) may be preprinted on the application. The information required by paragraphs (b) and (c) shall be personally affixed by the voter. 21 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 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. 23 24 25 5. 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." 26 27 28 1 ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56 - ELECTIONS 2 3 4 6. 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. 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 petjury. 6 7 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, 8 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 11 12 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 first Monday in November every four years thereafter, in the City for the nomination of candidates for the following offices: 13 14 15 16 17 18 1. Member of the Comrnon Council from the Third Ward; 2. Member ofthe Common Council from the Fifth Ward; 3. Member of the Common Council from the Sixth Ward; 4. Member of the Comrnon Council from the Seventh Ward; 19 5. City Clerk; 20 6. City Treasurer; 21 7. City Attorney. 22 23 24 25 26 B. A primary election shall be held on the first 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 Comrnon Council from the First Ward; 27 28 - 2- I ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56 - ELECTIONS 2 Member of the Common Council from the Second Ward; 3. 3 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. 2048 SSI,2, 1954.) 4 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 oftheir 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 S2Yz, 1954.) 7 8 9 2.56.030 Elections to be held in accordance with state law. 10 II Primary elections shall be held in accordance with the provisions of Parts I and 2 of Division 10 of the Elections Code, except as may be otherwise provided by ordinance or resolution of the Mayor and Common Council. (Ord. 3792 SI, 1978; Ord. 2779, 1966; Ord. 2048 s3(a),1954.) 12 13 2.56.040 Method of nomination; nomination filing. 14 15 A. Candidates may be nominated for any of the elective offices of the City in the following manner: 16 Not earlier than the 113th day nor later than the 88th 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. 17 18 19 20 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 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. 22 23 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 2 3 4 5 6 7 ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56 - ELECTIONS 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 twenty voters, nor more than thirty voters. (Ord. 2429 (part), 1962; Ord. 2048 g3(c), 1954.) 2.56.060 Election to office after primary election. 8 A. 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 (part), 1962; Ord. 2048 g3(d), 1954.) (City Attorney Opinion No. 91-7; City Attorney Opinion No. 91-5.) 9 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 election which may be conducted as a mail ballot election. 11 12 2.56.070 Date nomination papers filed with City Clerk. 13 14 15 16 All nomination papers shall be filed with the City Clerk not later than 5 :00 p.m. on the 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. (Ord. MC-852, 11-02- 92; Ord. 3306,1972; Ord. 2048 g3(e), 1954.) 2.56.080 Filing Fee/Returned Checks 17 18 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 8106 of the Elections Code of the State. (Ord. 3601 (part) 1976; Ord. 2429 (part), 1962; Ord. 2048 g3(f), 1954.) 19 20 21 22 23 24 B. Returned Checks. 25 26 27 28 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 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 nomination period. -4- 1 ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56 - ELECTIONS 2 3 2. 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. 4 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 or for other reasons. 6 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 94,1954.) 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 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.) 13 14 15 16 17 18 2.56.11 0 Hours polls to be open. Pnblication and form of Notice of Election. 19 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, 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 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. Anyone who arrives at the polling place after the time provided for closing the polls shall not be entitled to vote, even though the polls are open when the voter arrives. 21 22 23 24 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 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 26 27 28 - 5 - I ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56 - ELECTIONS 2 3 4 5 6 election officers appointed. The composition ofthe precinct board shall be determined by the elections official based on election precinct size. The precinct board shall consist of a minimum of one inspector and two clerks. Additional clerk positions may be allocated in proportion to the number of registered voters within the precinct. 7 C. Not earlier than the I 27th nor later than the 113th day before any primary election, and not earlier than the fifty-fourth day nor later than the tenth day before any general municipal 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 shall post the notice on the City's official website. The notice shall be headed "Notice of Election," and shall contain a statement of: 8 9 10 11 I. 2. The time of the election; The offices to be filled, specifying full term or short term, as the case may be; 3. 4. The hours the polls will be open; The Central Count Location. 12 (Ord. MC-864, 3-22-93; Ord. 3312, 1972; Ord. 2048 ~5, 1954) 13 14 15 2.56.120 Publication of names of nominees. The City Clerk shall, not later than one week before the election, publish a list 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: 16 17 18 NOMINEES FOR PUBLIC OFFICE 19 Notice is hereby given that the following persons have been nominated for the offices mentioned below to be filled at the (primary/general) municipal election to be held in the City of San Bernardino on the _ day of 20 21 22 23 24 (Here follow with the list of nominees.) Dated, City Clerk 25 26 27 28 - 6- I 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 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. 5 6 7 B. 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 process for the conduct of such elections and the canvass of such returns 8 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 I. 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 catne 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. 19 20 21 22 23 24 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 integrity of any personal information collected, stored, or otherwise used pursuant to this section. 26 27 28 - 7- 10 11 12 _ _._._.~...,,_.._""",__/~_._._.__'____'___. __ M_____~,~._..___ 1 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 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. 3 4 5 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 (I), no vote by mail voter's ballot shall be returned 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. 9 D. locations. Vote by mail ballot may be voted at office of elections official or satellite 13 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. 14 15 16 17 18 19 2. For purposes of this section, the office of an elections official may include satellite locations. Notice of the satellite locations shall be made by the elections official 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 shall 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. 20 21 22 23 24 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 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. 26 27 28 - 8 - I 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 interference with its return to the local elections official having jurisdiction over the election is guilty of a misdemeanor. 5 6 7 (Ord. MC-862, 3-8-93; Ord. MC-473, 9-13-85; Ord. 2429 (part) 1962; Ord. 2048 g8, 1954.) 8 2.56.142 Time period to retnrn 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 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. 10 II 12 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 is returned to an elections official as undeliverable shall not be forwarded by the elections official. 14 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 (I) retains a completed application 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 mail ballot, whichever is earlier, or (2) denies an applicant the right to return his or her own 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 completed application for vote by mail ballot, is guilty of a misdemeanor. (Ord. MC-654, 4-3- 89.) 18 19 20 21 22 2.56.143 Repealed by 23 24 2.56.144 Repealed by 25 2.56.146 Repealed by 26 27 28 - 9 - 1 ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56 - ELECTIONS 2 2.56.148 Electioneering dnring 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 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 the vote by mail voter is voting. 5 6 7 Any person who knowingly violates this section is guilty of a misdemeanor. B. 8 C. This section shall not be construed 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.) 9 10 11 2.56.150 General elections. 12 A. General elections shall be conducted under the same laws as the primary 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 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 Monday in March next succeeding their elections. (Ord. MC-934, 3-8-95; Ord. 3448 (part), 1974; Ord. 2048 99, 1954.) 13 14 15 16 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 manner provided for by general law except as hereinafter set forth, or as may be otherwise provided by ordinance or resolution. 21 22 23 B. 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. 24 25 C. Nomination of candidates to succeed recalled officer. Nomination papers shall be issued not earlier than the 113th day no later than five p.m. on the 75th day before the recall election. 26 27 28 - 10- 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 Clerk not later than 4:00 p.m. on the 75th day before the recall election. 3 4 E. Not earlier than the l27th day, nor later than the I 13th day before a recall election, the City Clerk shall publish a notice of the election in the City in a newspaper of general 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: 5 6 7 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. 8 9 10 F. Vote By Mail. Not earlier than the twenty-ninth day, nor later than the seventh day before a recall election, any voter entitled to a vote by mail ballot as provided in Elections Code Section f3003 may file with the City Clerk either in person or by mail, his or her written application for a vote by mail voter's ballot. The application shall be signed by the applicant, and shall show his or her place of residence. 11 12 13 G. Any applications received by the elections official prior to the 29th day shall be kept and processed during the application period. (Ord. 3601 (part), 1976; Ord. 2048910,1954.) 14 15 16 2.56.170 Special elections A. 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 set 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. 17 18 19 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 accordance with Elections Code Section 1405. 21 22 23 24 25 26 27 28 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. 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 ofthe 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-360l (part), 1976; Ord. 2048 910, 1954.) (City Attorney Opinion No. 96-9) - 11 - I ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56 - ELECTIONS 2 Special Elections; alternate procedure. 2.56.171 3 A. 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 4000, et seq. of the Elections Code of the State of California. (Ord. MC-877, 6-7-93.) 4 5 6 7 B. Whenever a ballot measure qualifies for the ballot, the Council may 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. 8 9 2.56.173 Uncontested regularly scheduled election. 10 11 A. If, by 5 :00 P .M, on the 88th day prior to the day fixed for a regularly scheduled municipal election, or the 83rd day if an incumbent fails to file, no one or only one person has 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 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: 12 13 14 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. 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. 18 19 20 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 district. The person appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office. 22 23 24 C. If, by the 75th day before the rnunicipal 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 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 is submitted after the appointment is made. 26 27 28 - 12 - I ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56 - ELECTIONS 2 3 E. 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.) 4 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 l4-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: 7 8 9 10 Appoint to such office the person who has been nominated. Appoint to such office any eligible elector if no one has been nominated. Hold the election if either no one, or only one person, has been nominated. 11 1. 2. 3. 12 B. 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 75th day before the municipal election, no person has been appointed to office pursuant to paragraphs (1) or (2), the election shall be held. 13 14 15 16 17 18 C. Notwithstanding Elections Code Sections 8600 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.) 19 20 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 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 maybe applicable. (Ord. 3549, 1976; Ord. 2048911,1954.) 23 24 25 26 27 28 - 13 - I ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56 - ELECTIONS 2 3 4 5 6 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 9280 of the Elections Code, the City Attorney's analysis and the fiscal analysis shall be separately set forth. (Ord. MC-97, 1981.) 7 8 9 10 II 2.56.195 Repealed by I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the _ day of , 2009, by the following vote, to wit: 12 13 AYES NAYS ABSTAIN ABSENT COUNCIL MEMBERS: ESTRADA 14 BAXTER BRINKER SHORETT KELLEY JOHNSON MC CAMMACK 15 16 17 18 19 20 21 22 23 Rachel G. Clark, City Clerk The foregoing Ordinance is hereby approved this _ day of ,2009. 24 PATRICKJ. MORRIS, Mayor City of San Bernardino 25 26 Approved as to form: JAMES F. PENMAN 27 City Attorney 28 - 14 -