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'C1YOOF SAN BERNARDIO>> - REQUEOT FOR COUNCIL AC~N
From: RALPH H. PRINCE Subject: Absentee Voter Ballots
Dept: City Attorney
Da~: August 15, 1985
Synopsis of Previous Council action:
On July 15, 1985, the Council instructed Council Members
Estrada and Hernandez, the City Attorney and the City Clerk to
present a report on August 5, 1985, concerning options to solve
absentee ballot problems.
On August 5, 1985, the matter was continued to August
19, 1985.
Recommended motion:
Adopt one or more of the four ordinances which provide that:
1) An election campaign volunteer or worker shall not handle
or mail an application for an absentee ballot for a voter who has
recei~d an absentee ballot application therefor:
2 Roster of absentee voters shall be closed to inspection
for e irty (30) days prior to an election; .
3) An election campaign worker or volunteer shall not personally
solicit voters with applications for absentee ballots with intent
that~ese prohibit such applications to the City Clerk.
4) A violation of Section 2.56.001, which prohibits an election
camp . n worker or volunteer from handling or mailing an absentee
ballot, snaIl constitute a misdemeanor.
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Contact person: Ralph H. Prin{'!~ Phone: 5255
Supporting data attached: Yes Ward: N/A
FUNDING REQUIREMENTS: Amount: None Source:
Finance:
Council Notes:
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75-0262
Agenda Item No.
@
. CITO OF SAN BERNARD~ - REQUEOT FOR COUNCIL ACOON
STAFF REPORT
Proposed Ordinance No.1.
This ordinance amends Section 2.56.001 Subsection A which
presently prohibits election campaign workers or volunteers from
handling or mailing absentee ballots after voters have received
such absentee ballots. The amendment would additionally prohibit
the handling or mailing of any applications for absentee ballots
after voters have received such applications.
Proposed Ordinance No.2.
This ordinance amends Section 2.56.140 to close to public
inspection the roster of absentee ballots and absentee ballot
applications for a period of thirty (30) days prior to an election.
It was recommended by the City Clerk because it would curtail
contact with absentee voters and reduce the unauthorized handling
of absentee ballots by campaign workers.
Proposed Ordinace No.3.
This ordinance amends Section 2.56.001 to prohibit the
personal solicitabion of voters by campaign workers with applic-
ations for absentee ballots with the intent tha~ such voters
submit the applications to the City Clerk for absentee ballots.
It is recommended by the City Clerk because each voter
receives an application for an absentee ballot with the sample
ballot and door-to-door or mass mail solicitations for absentee
ballots result in election abuses as outlined in her memorandum
of 7/26/85, as follows:
1. ~orged absentee ballot applications
2. Handling of ballots by unauthorized parties
3. Voters are misled by campaign workers in their
overzealousness to get absentee voter applications
4. Confused voters apply more than once for an
absentee ballot, and therefore unintentionally
commit an illegal act
5. Voter disillusionment concerning the process and
the failure to take care of abuses
6. Administrative and investigatory expense in handling
the above.
Proposed Ordinance No.4.
Council Member Estrada recommends this ordinance which would
make a violation of present Section..2. 56. OOlA a misdemeanor.') :.. .
75-0264
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SUBSECTION
A OF SECTION 2.56.001 OF THE SAN BERNARDINO MUNICIPAL CODE TO
PROHIBIT THE HANDLING OR MAILING OF APPLICATIONS FOR ABSENTEE
VOTER BALLOTS BY THE CAMPAIGN VOLUNTEERS OR WORKERS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Section 2.56.001 Subsection A of the San
Bernardino Municipal Code is amended to read:
n2.56.001 Al. Notwithstanding the provisions of the
Election Code Section 10.13 or any judicial interpretation
thereof, after the receipt by the voter of an application
for absentee ballot or absentee voter ballot, no election
campaign volunteer or worker shall handle or mail the application
for absentee ballot or the ballot of such absentee voter in
any primary, general, sj;lecial, or recall municipal election."
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
, 1985, by the
following vote, to wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
IIIII
I I I I I
I I I I I
I I I I I
I I I I I
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The foregoing ordinance is hereby approved this
of
, 1985.
o
day
Mayor of the City of San Bernardino
Approved as to form:
~v~,,,p
C~ty At orney
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
2.56.140 TO ADD SUBSECTION B TO REQUIRE CLOSING OF THE ROSTER
OF ABSENTEE BALLOTS 30 DAYS BEFORE THE DATE OF ANY MUNICIPAL
ELECTION.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Section 2.56.140 of the San Bernardino Municipal
Code is amended to read as follows:
"A.:\All .ballots cast under the provisions of the Absent
Voters Law, in order that they may be counted, shall be issued,
received and canvassed within the time provided for in general
law cities.
B. Commencing thirty (30) calendar days before the date of
any primary, general, special or recall municipal election, the
roster of absentee voters and absentee ballot applications shall
be closed to inspection by any person except authorized employees
of the City Clerk's office or other authorized person designated
by the City Clerk, and shall remain closed to such inspection
until the first business.day following the date of the election.
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
, 1985, by the
following vote, to wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
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The foregoing ordinance is hereby approved this
of
, 1985.
o
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Mayor of the city of San Bernardino
Approved as to ~orm:
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
2.56.001 SUBSECTION A OF THE SAN BERNARDINO MUNICIPAL CODE TO
ADD PARAGRAPH 2 PROHIBITING ANY CAMPAIGN VOLUNTEER OR WORKER TO
SOLICIT APPLICATIONS FOR ABSENTEE BALLOTS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Section 2.56.001 Subsection A of the San
Bernardino Municipal Code is amended by adding Paragraph 2
to read:
"2. No election campaign volunteer or worker shall personally
solicit, deliver or distribute any application for an absentee
ballot to any voter with the intent that such application be
submitted to the City Clerk or authorized election official
to obtain an absentee ballot to vote in any primary, general,
special or recall municipal election.
I HEREBY CERTIFY that the foregoing. ordinance was duly
adopted by the Mayor and Common C.ouncil of the City of San
Bernardino at a
meeting thereof, held
on the
day of
, 1985, by the
following vote, to wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
I I I I I
IIIII
I I I I I
I I I I /
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2 of
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The foregoing ordinance is hereby approved this
, 1985.
o
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Mayor of the City of San Bernardino
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6 Approved as to form:
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8 C1ty A orney
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
2.56.001 OF THE SAN BERNARDINO MUNICIPAL CODE TO ADD SUBSECTION
C MAKING VIOLATION OF THE SECTION A MISDEMEANOR.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Section 2.56.001 Subsection C is added to the
San Bernardino Municipal Code to read as follows:
"C. 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 the provisions of Section 1.12.010 of
this Code.
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
, 1985, by the fOllowing
vote, to wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing ordinance is hereby approved this
day of
, 1985.
Mayor of the City of San Bernardino
~APprov d as to ~ ~
__f:!! ~
C1ty torney
JI
III
1
:CiTY OF SAN BEIOJAROINOO-
..;??
MEMORANOLO
To
RALPH H. PRINCE, CITY ATTORNEY
From
SHAUNA CLARK
CITY CLERK
July 26, 1985
Subject
ABSENTEE VOTER BALLOTS
Date
Approved
Date
BACKGROUND
On July 15, 1985, the Mayor and Common Council directed the
City Clerk, City Attorney and Council Members Hernandez and
Estrada to discuss the formulation of policy on absentee voter
ballots.
The City of San Bernardino has Code Section 2.56.001, which
prohibits the handling of ballots by campaign workers and vol-
unteers. Council Member Estrada has recommended that a penalty
provision for violation of Section 2.56.001 be inserted in the
code following the section, for clar ification purposes and to
make the penalty (a misdemeanor) directly applicable.
I believe the City should adopt more progressive measures to
limit the potential for abuse. Absentee ballot abuse is a s~ate-
wide concern, but the situation is aggravated in this city for
two reasons: 1. a great deal of abuse has already taken place;
and 2. the ward system allows a smaller amount of abuse to have
more impact.
Because of the limi ted number of voters in a ward election,
the Council member is elected by relatively few votes. Since
~970,there have been eleven races that have been decided by less
than 100 votes; five of those by less than twenty votes. It takes
a very small effort to control 100 ballots. In compar~son, a
statewide effort would be necessary to have any impact in a
gubernatorial race. For this reason, absentee abuse is more of a
local than statewide concern.
I have two recommendations. Implementation of ei ther, and
hopefully both, would reduce potential for abuse.
RECOMMENDATION 11: Make the roster of absentee voters and
absentee voter applications a confidential document and therefore
inacessible to candidates.
ClrY ON rHI:;M~'"
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REASON Each day, the candidates purchase a copy of the
absentee roster from the City Clerk's office. This roster shows
.who applied for a ballot, when and where it was mailed, and when
the ballot was returned to the Clerk's office. Though it is im~
possible to know how a person has voted, each side knows which
ballots they have solicited and by elimination can determine how
many ballots the other side has. By knowing when ballots were
mailed, the candidate knows when the ballot should reach each
voter's mailbox. This prompts follow up contact to supporters and
to the "other side" to swing the vote.
If the roster
up contacts and
ballots.
were inaccessible, there would be fewer follow
less likelihood of unauthorized handling of
ENFORCEMENT There would be no enforcement. This is a pre-
ventative measure.
IMPLEMENTATION Instruct the City Attorney to insert aSlj!c-
tion in the Municipal Code pertaining to elections to make the
roster of absentee voters a confidential document for all c~ j;y
elections.
RECOMMENDATION #2 Add a municipal code section to make it
it unlawful to solicit absentee ballots.
REASON Door to Door and mail-in solicitations for absentee
ballots result in the following:
5.
Forged absentee ballot applications
Handling of ballots by unauthorized parties
Voters are misled by campaign workers in their
overzealousness to get absentee voter applications
Confused voters apply more than once for an
absentee ballot, and therefore unintentionally
commit an illegal act.
Voter disillusionment concerning the process and
the failure to take care of abuses
Administrative and investigatory expense in
handling the above
1.
. 2.
3.
4.
6.
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Every voter receives an application for an voter ballot with
his or her sample ballot and also has the option of writing a
letter to request a ballot.
ENFORCEMENT Maybe the City won't be able to prosecute every-
one who violates this law, but violations of this nature in a
campaign are quickly made public by an opponent and may supply an
important campaign issue. This issue may prevent those who
violate the law from being elected or re-elected.
IMPLEMENTATION Instruct the
amendment to the Municipal Code
absentee voter ballots.
Ci ty Attorney to prepare an
to regulate solicitation of
~.(n1/A.M/
" CIty Clerk
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