HomeMy WebLinkAboutMC-657U
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ORDINANCE NO. Me-65?
ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ADDING SECTION 2.56.148 TO THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO ELECTIONEERING WHILE ABSENTEE VOTER IS
VOTING, AND DECLARING THE URGENCY THEREOF
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Section 2.56.148 is hereby added to the San
Bernardino Municipal Code to read as follows:
"2.56.148 Solicitation of vote or electioneering while
casting of absentee vote.
(a) No candidate or representative of a candidate, and no
proponent, opponent, or representative of a proponent or
opponent, of an initiative, referendum, or recall measure,
or of a charter amendment, shall solicit the vote of an
absentee voter, or do any electioneering, while in the
residence or in the immediate presence of the voter, and
during the time he or she knows the absentee voter is
voting.
(b) Any person who knowingly violates this section is
guilty 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 preclude electioneering by mail or
telephone or in public places, except as prohibited by
Election Code Section 29470, or by any other provision of
law.. "
SECTION 2.
This is an urgency ordinance for the immediate
preservation of the public peace, health or safety in that it has
DAB: Ida
March 29, 1989
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MC--657
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come to the attention of the Mayor and Common Council that in the
upcoming election there may be plans to improperly use the absent
voter procedure to subvert the electoral process and due to the
imminent date of the election and the dates for applications for
absent voter ballots it is necessary that this ordinance take
immediate effect in order to protect the unfettered right of
suffrage of the citizens of the City of San Bernardino.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular
meeting thereof, held on the
3rd
day of
April
, 1989, by the following vote, to wit:
AYES:
Council Members Estrada, Flores, Maudsley,
Minor, Miller
NAYS:
Council Member Pope-Ludlam
ABSENT:
Council Member Reilly
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The foregoing ordinance is hereby approved this 41~
day
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, 1989.
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Mayor of the City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
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By: (L."!<".-, I
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DAB: Ida
March 29, 1989
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