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HomeMy WebLinkAboutS08-City Clerk o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 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. II SECTION 2. This is an urgency ordinance for the immediate preservation of the public peace, health or safety in that it has 1 DAB: lda March 29, 1989 5-6 o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 meeting thereof, held on the day of , 1989, by the following vote, to wit: AYES: Council Members NAYS: ABSENT: City Clerk The foregoing ordinance is hereby approved this day of , 1989. Mayor of the City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney \ I a". 'I' , r V ' ',,, , "r., ' By: ,,"/ DAB: lda March 29, 1989 2