HomeMy WebLinkAbout38- City Attorney CITY OF SAN BERN RDINO REQUEST F 'R COUNCIL ACTION
From: Subject:
James F. Penman An ordinance of the City of
Dept: Si_n Bernardino adding Section
City Attorney 2.56.195 to the San Bernardino
Municipal Code relating to write-in
Date: February 8 1993
y , candidates
Synopsis of Previous Council action:
None
Recommended motion:
On Alternative A or Alternative B
Waiver further reading and lay over for final adoption
Signature
Dennis A. Barlow 5255
Contact person: Phone:
All
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
:,ouncil Notes:
75-0262 Agenda Item No. 3F
CITY OF SAN BERN RDINO - REQUEST F R COUNCIL ACTION
STAFF REPORT
The election provisions of the San Bernardino Municipal Code
are silent on the issue of write-in candidates and as a result the
general law applies. It has been suggested that the City should
specifically provide for this process to coordinate the write-in
process with the other City election provisions.
Two alternative ordinances are presented for consideration by
the Mayor and Council .
The first provides that such candidates must pay the same
filing fee as regular candidates, but allows them to file a
petition in-lieu of such fee. It specifically provides that write-
in candidates may not be considered at City general elections. At
these elections only those who have qualified in the primary
election process may be considered by the voters.
The second alternative ordinance allows write-in candidates at
all elections. It also imposes the same filing fee and clarifies
that a write-in candidacy is a new candidacy requiring a new fee
for those who have not qualified or were defeated at earlier
primary elections.
5-0264
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION
2. 56. 195 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO WRITE-IN
3 CANDIDATES
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
5
6 SECTION 1 . Section 2. 56. 195 is hereby added to the San
7 Bernardino Municipal Code to read as follows:
"2. 56. 195 Write-In Candidates
8
9 ( a) Individuals may qualify as write-in
10 candidates for any city primary or special
11 election by complying with the procedure
12 specified in Elections Code §7300 et seq.
and this Section.
13
14 (b) Write-in candidates must pay the same
filing fee specified in §2. 56.080 of this
15
Chapter as required of other candidates or
16
17 may submit a petition containing signatures
18 of registered voters in-lieu of a filing
fee as provided therein.
19
(c) There shall be no write-in candidates
20
at City general or run-off elections.
21
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DAB:km[NOWRITE-ORD] —1— February 17, 1993
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION
2.56.195 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO WRITE-IN
2 CANDIDATES
3 I HEREBY CERTIFY that the foregoing ordinance was duly
4 adopted by the Mayor and Common Council of the City of San
5 Bernardino at a meeting thereof, held on the
6 day of 1993, by the following vote, to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8 ESTRADA
9 REILLY
10 HERNANDEZ
11 MAUDSLEY
12 MINOR
13 POPE-LUDLAM
14 MILLER
15
16
City Clerk
17
18 The foregoing ordinance is hereby approved this day
of 1993.
19
20 W. R. Holcomb, Mayor
City of San Bernardino
21 Approved as to form
22 and legal content:
23 JAMES F. PENMAN,
City Attorney
24
25 By:
26
27
28
DAB:km[NOWRITE-ORD] —2— February 17, 1993
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION
2. 56. 195 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO WRITE-IN
3 CANDIDATES
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
5
SECTION 1 . Section 2. 56. 195 is hereby added to the San
6
Bernardino Municipal Code to read as follows:
7
"2. 56. 195 Write-In Candidates
8
( a) Individuals may qualify as write-in
9
candidates for any city election by
10
complying with the procedure specified in
11 Elections Code 57300 et seq. and this
12 Section.
13
(b) Write-in candidates must pay the same
14 filing fee specified in §2. 56.080 of this
15 Chapter as required of other candidates or
16 may submit a petition containing signatures
17 of registered voters in-lieu of a filing
18 fee as provided therein.
19 (c) Write-in candidates who have failed to
20 qualify as a candidate in a City election
21 pursuant to this Chapter, or who have been
22 defeated at a primary election must pay a
23 new filing fee and/or submit a new petition
24 in-lieu of a filing fee. "
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DAB:km[WRITEIN-ORD] —1— February 17, 1993
4
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION
2 .56.195 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO WRITE-IN
2 CANDIDATES
3 I HEREBY CERTIFY that the foregoing ordinance was duly
4 adopted by the Mayor and Common Council of the City of San
5 Bernardino at a meeting thereof, held on the
6 day of , 1993, by the following vote, to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8 ESTRADA
9 REILLY
10 HERNANDEZ
11 MAUDSLEY
12 MINOR
13 POPE-LUDLAM
14 MILLER
15
16
City Clerk
17 The foregoing ordinance is hereby approved this day
18 of 1993.
19
20 W. R. Holcomb, Mayor
City of San Bernardino
21 Approved as to form
22 and legal content:
23 JAMES F. PENMAN,
City Attorney
24
25 By
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28
DAB:km[WRITEIN-ORD] —2— February 17, 1993