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HomeMy WebLinkAbout37- City Attorney CITY OF SAN BERN _ RDINO - REQUEST f >R COUNCIL ACTION From: Subject: James F. Penman An ordinance of the City of San Bernardino amending Dept: §2.56.001 of the San Bernardino Municipal Code and City Attorney repealing §§2.56.140, 2.56.142, 2.56.143, .2.56.144, 2.56.148 and 2.56.160.D of the San Bernardino Municipal Date: February 18, 1993 Code relating to absentee ballots. in city elections Synopsis of Previous Council action: 1954 - Ordinance 2048 §10 1976 - Ordinance 3061 (part) 4/24/83 - Ordinance MC-268 9/13/85 - Ordinance MC-473 9/23/85 - Ordinance MC-476, Ordinance MC-478 4/3/89 - Ordinance MC-654, Ordinance MC-655, Ordinance MC-656, Ordinance MC-657 2/15/93 - City Attorney directed to bring back an ordinance to repeal local provisions to allow general law to control Recommended motion: Waiver further reading and lay over for final adoption f Signature Contact person: Dennis A. Barlow Phone: 5255 Supporting data attached: Ward: All FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) Finance: :ouncil Notes: '5-0262 Agenda Item No. 2 CITY OF SAN BERME .RDINO - REQUEST E jR COUNCIL ACTION STAFF REPORT Over the years, the Mayor and Council have adopted several ordinances relating to voting by absentee ballot. These ordinances have attempted to protect the right of casting a ballot in such manner within the City and still to prevent the misuse and corruption of the process. It has been suggested that the City would be better served if the general law on absentee voting were to be followed instead of developing our own rules and regulations. The attached ordinance repeals all provisions of the San Bernardino Municipal Code regulating absentee voting and would therefore allow application of the general law. 75-0264 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING 52. 56.001 OF THE SAN BERNARDINO MUNICIPAL CODE AND REPEALING 3 552. 56. 140, 2. 56. 142, 2. 56. 143, 2. 56. 144, 2. 56. 146, 2. 56 . 148 AND 2. 56. 160.D OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 4 ABSENTEE BALLOTS IN CITY ELECTIONS 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 6 7 SECTION 1 . Section 2. 56.001 of the San Bernardino Municipal Code is hereby amended to read as follows: 8 "2. 56.001 Law governing municipal 9 elections. 10 Primary, general, special or recall 11 municipal elections shall be conducted in 12 the manner provided for by general law 13 except as hereinafter set forth, or as may 14 be otherwise provided by ordinance or 15 resolution. " 16 17 SECTION 2. Section 2. 56. 140 of the San Bernardino Municipal 18 Code is hereby repealed. 19 SECTION 3. Section 2. 56. 142 of the San Bernardino Municipal 20 Code is hereby repealed. 21 SECTION 4. Section 2. 56. 143 of the San Bernardino Municipal 22 Code is hereby repealed. 23 SECTION 5. Section 2. 56. 144 of the San Bernardino Municipal 24 Code is hereby repealed. 25 SECTION 6. Section 2. 56. 146 of the San Bernardino Municipal 26 Code is hereby repealed. 27 28 DAB:km[ABSENTEE.0RD] —1— February 17, 1993 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO OF THE CITY OF SAN BERNARDINO AMENDING 52.56.001 OF THE SAN BERNARDINO MUNICIPAL 2 CODE AND REPEALING S§2.56.140, 2. 56.142, 2 .56. 143, 2.56. 144, 2. 56.146, 2. 56.148 AND 2. 56.160.D OF THE SAN BERNARDINO MUNICIPAL 3 CODE RELATING TO ABSENTEE BALLOTS IN CITY ELECTIONS 4 SECTION 7. Section 2. 56. 148 of the San Bernardino Municipal 5 Code is hereby repealed. 6 SECTION 8. Subsection D of Section 2. 56. 160 of the San 7 Bernardino Municipal Code is hereby repealed. 8 I HEREBY CERTIFY that the foregoing ordinance was duly 9 adopted by the Mayor and Common Council of the City of San 10 Bernardino at a meeting thereof, held on the 11 day of 1993, by the following vote, to wit: 12 Council Members: AYES NAYS ABSTAIN ABSENT 13 ESTRADA 14 REILLY 15 HERNANDEZ 16 MAUDSLEY 17 MINOR 18 POPE-LUDLAM 19 MILLER 20 City Clerk 21 The foregoing ordinance is hereby approved this day 22 Of 1993. 23 W. R. Holcomb, Mayor 24 City of San Bernardino 25 Approved as to form and legal content: 26 JAMES F. PENMAN, 27 City Attorney 28 By -., , ,.r -�.,� DA :k ABSENTEE.ORD] —2— February 17, 1993