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HomeMy WebLinkAboutMC-1318 Adopted: October 19, 2009 Effective: November 19, 2009 1 ORDINANCE NO. MG-131B ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56 - ELECTIONS 2 3 4 The Mayor and Common Council of the City of San Bernardino do ordain as follows: Chapter 2.56 ofthe San Bernardino Municipal Code relating to Elections is hereby amended 5 to read as follows: 6 7 2.56.001 Law governing municipal elections. 8 A. Primary, general, special or recall municipal elections shall be conducted in the manner provided for by general law except as hereinafter set forth, or as may be otherwise provided by ordinance or resolution. 9 10 1. No vote by mail voter's ballot shall be returned by any paid or volunteer worker of any general purpose committee, controlled committee, independent expenditure committee, political party, candidate's campaign committee, or any other group or organization at whose behest the individual designated to return the ballot is performing a service. However, this subdivision shall not apply to a candidate or a candidate's spouse. 11 12 13 14 2. Any printed application that is to be distributed to voters for requesting vote by mail ballots shall contain spaces for the following: (a) The printed name and residence address of the voter as it appears on the affidavit of registration. (b) The address to which the ballot is to be mailed. (c) The voter's signature. (d) The name and date of the election for which the request is to be 15 16 17 made. 18 (e) The date the application must be received by the elections official. 19 3. The information required by paragraphs (a), (d), (e) maybe preprinted on the application. The information required by paragraphs (b) and ( c) shall be personally affixed by the voter. 20 21 22 4. An address, as required by paragraph (b) may not be thc address of any political party, a political campaign headquarters, or a candidate's residence. However, a candidate, his or her spouse, immediate family members, and any other voter who shares the same residence address as the candidate may request that a vote by mail ballot be mailed to the candidate's residence address. 23 24 25 5. Any application that contains preprinted information shall contain a conspicuously printed statement, as follows: "You have the legal right to mail or deliver this application directly to the local elections official of the county where you reside." 26 27 28 MC-1318 1 ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56 - ELECTIONS 2 3 6. The application shall provide the voters with information concerning the procedure for establishing permanent vote by mail voter status, and the basis upon which permanent vote by mail voter status is claimed. 4 5 7. The application shall be attested to by the voter as to the truth and correctness of its content, and shall be signed under penalty of peIjury. 6 7 B. 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 provisions of Section 1.12.010 of this Codeo 8 9 (Ord. MC-478, 9-23-85; Ord. MC-476, 9-23-85; Ord. MC-268, 4-24-83.) (City Attorney Opinion No. 91-7.) 10 2.56.010 Dates of Election 11 12 A. A primary election shall be held on the first Tuesday after the first Monday in November 1995, and a like election shall be held on the first Tuesday after the first Monday in November every four years thereafter, in the City for the nomination of candidates for the following offices: 13 14 1. Member of the Common Council from the Third Ward; 15 2. Member of the Common Council from the Fifth Ward; 16 17 3. Member of the Common Council from the Sixth Ward; 18 4. Member of the Common Council from the Seventh Ward; 19 5. City Clerk; 20 6. City Treasurer; 21 7. City Attorney. 22 B. A primary election shall be held on the first Tuesday after the first Monday in November, 1997, and a like election shall be held on the first Tuesday after the first Monday in November every four years thereafter, in the City for the nomination of candidates for the following offices: 23 24 25 1. Mayor; 26 2. Member of the Common Council from the First Ward; 27 - 2- 28 Me-l3I8 1 ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56 - ELECTIONS 2 3. Member of the Common Council from the Second Ward; 3 4. Member of the Common Council from the Fourth Ward. (Ord. MC-934, 3-8-95; Ord. 3601 (part), 1976; Ord. 3448 (part), 1974; Ord. 2048991,2,1954.) 4 5 2.56.020 Nomination and election. 6 Members of the Common Council shall be nominated and elected, as provided by the Charter ofthe City, by the qualified electors of their respective wards. Each member shall have 7 been a legal resident and elector for at least thirty days next preceding the date of filing nomination papers and shall continue to be a resident in the ward during his term of office. (Ord. 8 3601 (part), 1976; Ord. 2048 92Yz, 1954.) 9 2.56.030 Elections to be beId in accordance witb state law. 10 Primary elections shall be held in accordance with the provisions of Parts 1 and 2 of Division 10 of the Elections Code, except as may be otherwise provided by ordinance or resolution of the Mayor and Common Council. (Ord. 3792 91, 1978; Ord. 2779,1966; Ord. 2048 93(a), 1954.) 11 12 13 2.56.040 Metbod of nomination; nomination filing. 14 A. Candidates may be nominated for any of the elective offices of the City in the following manner: 15 16 Not earlier than the 113th day nor later than the 88th day before a municipal election during normal office hours, as posted, nomination papers shall be issued to obtain signatures to the nomination papers of any candidate. No voter may sign more than one nomination paper for the same office, and in the event the voter does so, that voter's signature shall count only on the first nomination paper filed which contains the voter's signature. Nomination papers subsequently filed and containing that voter's signature shall be considered as though that signature does not appear thereon. 17 18 19 20 21 B. Each seat on the governing body is a separate office. Any person registered to vote at the election, and qualified to vote for the elective office ofthe City for which the nomination is made, may circulate a nomination paper. Only one person may circulate each nomination paper. Where there are full terms and short terms to be filled, the term shall be specified in the nomination paper. 22 23 24 2.56.050 Nomination papers. 25 Nomination papers for the following respective offices shall be signed by voters of the area for which the candidate is to be nominated as follows: 26 27 - 3 - 28 KC-1318 1 ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56 - ELECTIONS 2 A. Mayor, City Clerk, City Treasurer and City Attorney: not less than twenty voters, nor more than thirty voters; and 3 4 B. voters. 5 6 2.56.060 Common Council members: not less than twenty voters, nor more than thirty (Ord. 2429 (part), 1962; Ord. 2048 g3(c), 1954.) Election to office after primary election. 7 A. Any candidate for a City office who at a primary election receives a majority of all the ballots cast for candidates for the office for which such candidate seeks nomination shall be elected to such office. (Ord. 2429 (part), 1962; Ord. 2048 g3( d), 1954.) (City Attorney Opinion No. 91-7; City Attorney Opinion No. 91-5.) 8 9 10 B. Where no candidate receives 50% ofthe votes plus one vote in the primary election, the two candidates with the most votes shall face a runoff election in the general election which may be conducted as a mail ballot election. 11 12 2.56.070 13 Date nomination papers filed with City Clerk. 14 All nomination papers shall be filed with the City Clerk not later than 5:00 p.m. on the eighty- eighth day before the municipal election. Until that time, but not after, a candidate may withdraw his or her nomination paper after it is filed with the City Clerk. (Ord. MC-852, 11-02- 92; Ord. 3306,1972; Ord. 2048 g3(e), 1954.) 15 16 2.56.080 17 Filing Fee/Returned Checks 18 19 20 A. Filing Fee. The City Clerk shall supply all forms required for nominations and election to all City offices. Such forms shall be distributed without charge to all such candidates applying therefore; provided, however, that such forms shall not be distributed except upon the prepayment of the filing fees. The filing fee for any office shall be two percent of the first year's salary for the office for which the candidate is issued papers. No nomination papers shall be issued or filed except upon proof of said prepayment. The filing fee shall not be refunded in the event the candidate fails to qualify as a candidate. Notwithstanding any other provision of this Chapter, a candidate may submit a petition containing signatures of registered voters in lieu of a filing fee in accordance with provisions of Section 8106 of the Elcctions Code of the State. (Ord. 3601 (part) 1976; Ord. 2429 (part), 1962; Ord. 2048 g3(t), 1954.) 21 22 23 B. Returned Checks. 24 25 1. If a candidate's filing fees are paid by a check which is returned by the City's depository as being uncollectible for insufficient funds or other reasons, the candidate shall be disqualified if payment in full, in the form of a money order or cashier's check payable to the City of San Bernardino, is not made by the close of the nomination period. 26 27 28 - 4- Me-13 18 1 ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56 - ELECTIONS 2 3 2. If after the nomination period closes it is determined that a check for filing fees is uncollectible for insufficient funds or other reasons, the candidate shall be disqualified. 4 5 3. A charge of twenty-six dollars ($26.00) shall be imposed for the cost of each check returned by the City's depository as being uncollectible for insufficient funds or for other reasons. 6 7 2.56.090 8 2.56.100 9 Repealed by Duty of City Clerk 101 The City Clerk is instructed and authorized to procure, prepare and distribute all necessary ballots and election supplies for said election. (Ord. MC-2048 94, 1954.) 11 2.56.105 Contracts with Civic and Service Organizations for Precinct Boards. 12 Prior to any election the City Clerk may contract with any Civic or Service Organization located within the City of San Bernardino to provide necessary Precinct Boards for such election. Such contracts may cover both primary and general elections. The compensation to be paid such 14 precinct workers pursuant to the contract shall be established by the Mayor and Council from time to time by resolution and may be paid to the precinct workers or directly to the organization 15 as determined in the contract. Any such Precinct Boards provided by Civic or Service organizations shall be subject to the same qualifications and training requirements as other 16 Precinct Boards as required by the Elections Code. Any such contract shall require that the contracting organization not discriminate in its membership or services on the basis of race, 17 color, creed, religion, national origin, sex, or physical handicap. (Ord. MC-860, 01-20-93.) 13 18 2.56.110 Hours polls to be open. Publication and form of Notice of Election. 19 A. The polls shall be open at 7:00 a.m. of the day of any election, and shall be kept 20 open until 8:00 p.m. of the same day, when the polls shall be closed. When the polls are closed, the precinct board shall proclaim that fact aloud at the place of election. After the proclamation no ballot shall be received. However, if at the hour of closing there are any other voters in the polling place, or in line at the door, who are qualified to vote and have not been ablc to do so 22 since appearing, the polls shall be kept open a sufficient time to enable them to vote. Anyone 23 who arrives at the polling place after the time provided for closing the polls shall not be entitled to vote, even though the polls are open when the voter arrives. 21 24 B. Primary and general elections shall be held at the regularly designated polling 25 places in each precinct as designated in the resolution setting forth the number of consolidated precincts and the location of each polling place. The officers of election appointed and the 26 polling places designated for the primary election shall be the officers and polling places ofthe general election so far as possible. Such resolution shall also set forth the list ofthe names of the 27 28 - 5 - KC-l3I8 1 ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56 - ELECTIONS 2 election officers appointed. The composition of the precinct board shall be determined by the elections official based on election precinct size. The precinct board shall consist of a minimum of one inspector and two clerks. Additional clerk positions may be allocated in proportion to the number ofregistered voters within the precinct. 3 4 5 C. Not earlier than the 127th nor later than the 113th day before any primary election, and not earlier than the fifty-fourth day nor later than the tenth day before any general municipal election, the City Clerk shall publish a notice of the election pursuant to Section 6061 ofthe Government Code in a newspaper of general circulation published and circulated in the City and shall post the notice on the City's official website. The notice shall be headed "Notice of Election," and shall contain a statement of: 6 7 8 9 10 be; 1. 2. The time of the election; The offices to be filled, specifying full term or short term, as the case may 11 3. 4. The hours the polls will be open; The Central Count Location. 12 (Ord. MC-864, 3-22-93; Ord. 3312,1972; Ord. 2048 95, 1954) 13 2.56.120 Publication of names of nominees. 14 The City Clerk shall, not later than one week before the election, publish a list of the names ofthe nominees in the order in which they appear on the ballot and the respective offices for which they have been nominated. Publication shall be in the City in a newspaper of general circulation. This list shall be headed, "Nominees for Public Office," in conspicuous type, and shall be substantially in the following form: 15 16 17 18 19 20 NOMINEES FOR PUBLIC OFFICE Notice is hereby given that the following persons have been nominated for the offices mentioned below to be filled at the (primary/general) municipal election to be held in the City of San Bernardino on the ~ day of 21 (Here follow with the list of nominees.) 22 Dated, 23 24 City Clerk 25 26 27 28 -6- KC-13 18 1 ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56 - ELECTIONS 2 2.56.130 Canvass of election returns. 3 4 A. On the second day after a City election, exclusive of holidays, at one-thirty p.m., the Mayor and Common Council, or the City Clerk, or a canvassing board appointed by the City Clerk by order ofthe Mayor and Common Council shall meet at the City Hall, San Bernardino, California, and proceed to canvass the election returns. 5 6 7 B. The previous paragraph notwithstanding, all City elections consolidated with elections conducted by the County of San Bernardino, and all City elections that are conducted pursuant to agreement with the County of San Bernardino shall follow the County's process for the conduct of such elections and the canvass of such returns 8 9 C. At the next regular or adjourned regular Council meeting following the completion of the canvass, the Mayor and Common Council shall declare the results of the election as certified by the City Clerk or the Registrar of Voters of the County of San Bernardino as being official. 10 11 12 2.56.140 13 Ballots cast under Vote by Mail Law 14 A. All ballots cast under the provisions of the State Elections Code Vote by Mail Application Procedures in effect as of the date of the election, shall be issued, received and canvassed within the time provided for general law cities. 15 B. Repealed by MC-862, 3-8-93 16 C. Return of voted ballot 17 18 1. All vote by mail ballots cast under this section shall be voted on or before the day of the election. After marking the ballot, the vote by mail voter shall do either of the following: (a) return the ballot by mail or in person to the elections official from whom it came or (b) return the ballot in person to any member of a precinct board at any polling place within the jurisdiction. However, a vote by mail voter, who, because of illness or other physical disability, is unable to return the ballot, may designate his or her spouse, child, parent, grandparent, grandchild, brother, sister, or a person residing in the same household as the vote by mail voter to return the ballot to the elections official from whom it came or to the precinct board at any polling place within the jurisdiction. The ballot must, however, be received by either the elections official from whom it came or the precinct board before the close of the polls on election day. 19 20 21 22 23 24 25 2. The elections official shall establish procedures to ensure the secrecy of any ballot returned to a precinct polling place and the security, confidentiality, and integrity of any personal information collected, stored, or otherwise used pursuant to this section. 26 27 - 7 - 28 MC-13l8 1 ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56 - ELECTIONS 2 3. On or before March 1,2008, the elections official shall establish procedures to track and confirm the receipt of voted vote by mail ballots and to make this information available by means of online access using the county's elections division Internet Web site. If the county does not have an elections division Internet Web site, the elections official shall establish a toll-free telephone number that may be used to confirm the date a voted vote by mail ballot was received. 3 4 5 6 4. The provisions of this section are mandatory, not directory, and no ballot shall be counted if it is not delivered in compliance with this section. 7 8 5. Notwithstanding subdivision (1), no vote by mail voter's ballot shall be returned by any paid or volunteer worker of any general purpose committee, controlled committee, independent expenditure committee, political party, candidate's campaign committee, or any other group or organization at whose behest the individual designated to return the ballot is performing a service. However, this subdivision shall not apply to a candidate or a candidate's spouse. 9 10 11 D. 12 locations. Vote by mail ballot may be voted at office of elections official or satellite 13 1. Any voter using a vote by mail ballot may, prior to the close of the polls on election day, vote the ballot at the office ofthe elections official. The voter shall vote the ballot in the presence of an officer of the elections official or in a voting booth, at the discretion of the elections official, but in no case may his or her vote be observed. Where voting machines are used the elections official may provide one voting machine for each ballot type used within the jurisdiction. Elections officials may provide electronic voting devices for this purpose provided that sufficient devices are provided to include all ballot types in the election. 14 15 16 17 18 2. For purposes of this section, the office of an elections official may include satellite locations. Notice of the satellite locations shall be made by the elections official by the issuance of a general news release, issued not later than 14 days prior to voting at the satellite location, except that in a county with a declared emergency or disaster, notice shall be made not later than 48 hours prior to voting at the satellite location. The news release shall set forth the following information: (a) The satellite location or locations. (b) The dates and hours the satellite location or locations will be open. (c) A telephone number that voters may use to obtain information regarding vote by mail ballots and the satellite locations. 19 20 21 22 23 24 25 3. Vote by mail ballots voted at a satellite location pursuant to this section shall be placed in a vote by mail voter identification envelope to be completed by the voter pursuant to Elections Code Section 3011. However, if the elections official utilizes electronic voting devices, the vote by mail ballot may be cast on an electronic voting device. 26 27 28 - 8- He-l3I8 1 ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56 - ELECTIONS 2 3 E. Willful interference with return of completed Vote By Mail Ballot. 4 Except as provided for in San Bernardino Municipal Code Section 2.56.140 (C), any person having charge of a completed vote by mail ballot who willfully interferes or causes interference with its return to the local elections official having jurisdiction over the election is guilty of a misdemeanor. 5 6 (Ord. MC-862, 3-8-93; Ord. MC-473, 9-13-85; Ord. 2429 (part) 1962; Ord. 2048 S8, 1954.) 7 2.56.142 Time period to return vote by mail ballot application. 8 9 A. Any individual, organization, or group that distributes applications for vote by mail voter ballots and receives completed application forms shall return the forms to the appropriate elections official within 72 hours of receiving the completed forms, or before the deadline for application, whichever is sooner. The name, address, and telephone number of any organization that authorizes the distribution of the applications shall be included on the application. 10 11 12 13 B. Any application for a vote by mail voter's ballot that is sent by an individual, group, or organization to a voter shall be non-forwardable. Any vote by mail voter's ballot that is returned to an elections official as undeliverable shall not be forwarded by the elections official. 14 15 16 C. A person may not submit a vote by mail ballot application electronically for another registered voter. 17 D. Any person, other than the voter, who willfully (l) retains a completed application for vote by mail ballot, with or without the voter's authorization, for more than three days, excluding weekends and state holidays, or by the deadline for return of an application for vote by mail ballot, whichever is earlier, or (2) denies an applicant the right to return his or her own completed application for vote by mail ballot to the local elections official having jurisdiction over the election, or dissuades or attempts to dissuade such applicant to not so return his or her completed application for vote by mail ballot, is guilty of a misdemeanor. (Ord. MC-654, 4-3- 89.) 18 19 20 21 22 2.56.143 Repealed by 23 2.56.144 Repealed by 24 2.56.146 Repealed by 25 26 27 - 9 - 28 23 24 Me-13 18 1 ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56 - ELECTIONS 2 2.56.148 Electioneering during vote by mail voting. 3 4 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 a vote by mail 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 vote by mail voter is voting. 5 6 7 B. Any person who knowingly violates this section is guilty of a misdemeanor. 8 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 18370 or by any other provision of law.(Ord. MC-657, 4-3-89.) 9 10 11 2.56.150 General elections. 12 A. General elections shall be conducted under the same laws as the primary lection and shall be held on the first Tuesday in February of each even numbered ear. Names of candidates elected in the primary election shall not appear on the 14 allot in the ensuing general election. The officers elected at either the primary or general election shall hold office for terms of four years from and after the first onday in March next succeeding their elections. (Ord. MC-934, 3-8-95; Ord. 3448 (part), 1974; Ord. 2048 S9, 1954.) 13 15 16 B. When there is a run-off election occurring, as part of the general election, it may 17 be conducted as a mail ballot election, pursuant to the provisions of the Elections Code. 18 2.56.160 Recall elections. 19 A. A recall election to remove an elected officer pursuant to Charter Section 122 shall be ordered, held and conducted and the result thereof made known and declared in the same manner provided for by general law except as hereinafter set forth, or as may be otherwise provided by ordinance or resolution. 20 21 22 B. Nominations of candidates to succeed the recalled officer shall be made in the manner prescribed for nominating a candidate to that office in a regular election insofar as that procedure is consistent with this section. C. Nomination of candidates to succeed recalled officer. Nomination papers shall 25 be issued not earlier than the 113th day no later than five p.m. on the 75th day before the recall election. 26 27 28 - 10- KC-13 18 1 ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56 - ELECTIONS 2 D. Date filed with City Clerk. All nomination papers shall be filed with the City Clerk not later than 4:00 p.m. on the 75th day before the recall election. 3 E. Not earlier than the 127th day, nor later than the 113th day before a recall 4 election, the City Clerk shall publish a notice of the election in the City in a newspaper of general circulation, and post such notice on the City's official web site. The notice shall be headed "Notice of Election," and shall contain a statement of: 5 6 7 1. The time of the election; 2. The offices to be filled, specifying full term or short term, as the case may be; 3. The hours the polls will be open; 4. The central count location. 8 9 F. Vote By Mail. Not earlier than the twenty-ninth day, nor later than the seventh day 10 before a recall election, any voter entitled to a vote by mail ballot as provided in Elections Code Section ,3003 may file with the City Clerk either in person or by mail, his or her written application for a vote by mail voter's ballot. The application shall be signed by the applicant, and shall show his or her place of residence. 11 12 13 G. Any applications received by the elections official prior to the 29th day shall be kept and processed during the application period. (Ord. 3601 (part), 1976; Ord. 2048 910, 1954.) 14 15 2.56.170 Special elections 16 A. The Mayor and Common Council shall call a special election to be held on a Tuesday, not less than ninety (90) nor more than one hundred eighty (180) days following such call. If an established election date set by Section 10 of the Charter of the City of San Bernardino falls within that time period, such special election shall be held on that date. Two or more special elections of the City may be combined into one election. 17 18 19 B. When it is legally possible to hold a special election on an initiative measure that 20 has qualified pursuant to the City Charter Section 120, such special election shall be held in accordance with Elections Code Section 1405. 21 22 C. If the special election is held to fill a vacancy on the Council, it shall be called within thirty (30) days after such vacancy. In such cases, the election shall be held not less than ninety (90) nor more than one hundred eighty (180) days following such vacancy. Any such special election so called shall be held in compliance with the provisions of the Charter and applicable ordinances of the City. Unless the election is not held as provided in Section 2.56.175, the candidate receiving the plurality of votes cast at such special election shall be elected to fill the vacancy. (Ord. MC-1227, 6-05-06; Ord. MC-877, 6-7-93; MC-3601 (part), 1976; Ord. 2048 910, 1954.) (City Attorney Opinion No. 96-9) 23 24 25 26 27 - 11 - 28 Me-13 18 1 ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56 - ELECTIONS 2 2.56.171 Special Elections; alternate procedure. 3 A. Where a vacancy exists on the Common Council, the Council may, as an alternative to the procedure outlined in Section 2.56.170, call a special election to be held on a Tuesday, within the time limits set by Section 2.56.170 to be conducted wholly by mail ballots. Such elections shall be conducted in accordance with the provisions of Section 4000, et seq. of the Elections Code of the State of California. (Ord. MC-877, 6-7-93.) 4 5 6 7 B. Whenever a ballot measure qualifies for the ballot, the Council may call a special election to be held on a Tuesday, within the time limits set by Section 2.56.170, to be conducted wholly by mail ballots. 8 9 2.56.173 Uncontested regularly scheduled election. 10 A. If, by 5:00 P.M, on the 88th day prior to the day fixed for a regularly scheduled municipal election, or the 83'd day if an incumbent fails to file, no one or only one person has been nominated for any office which is elected on a city wide basis, or no one or only one person is nominated to be elected from or by a ward, the City Clerk shall submit a certificate of these facts to the Mayor and Common Council and inform the Mayor and Common Council that it may, at a regular or special meeting held before the municipal election, adopt one of the following courses of action: 11 12 13 14 15 1. Appoint to the office the person who has been nominated. 16 2. Appoint to the office any eligible elector if no one has been nominated. 17 3. Hold the election if either no one or only one person has been nominated. The City Clerk shall post on the City's official web site and publish a notice of the facts described in this section and the courses of action available under this subdivision. Publication shall be made pursuant to Section 6061 of the Government Code in any newspaper of general circulation as designated by the Clerk. 18 19 20 21 B. After the fifth day following the date of publication, the Mayor and Common Council may make the appointment or direct an election to be held in the affected legislative district. The person appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office. 22 23 C. If, by the 75th day before the municipal election, no person has been appointed to office pursuant to paragraphs (l) or (2), the election shall be held. 24 25 D. Notwithstanding Elections Code Section 8600 et seq. or any other provision of law to the contrary, if the Mayor and Common Council makes an appointment pursuant to subdivision "A," the Clerk shall not accept for filing any statement of write-in candidacy which is submitted after the appointment is made. 26 27 28 - 12- MC-13 18 1 ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56 - ELECTIONS 2 E. In the event that an appointment is made in a particular ward pursuant to 3 subdivision "A" that appointment shall not affect the conduct of the municipal election in other legislative districts of the City. (Ord. MC-761, 11-26-90.) 4 5 2.56.175 Uncontested special election to fill vacancy in office. A. If, by 5:00 P.M on the 88th day before a municipal election to fill a vacancy on the Council, as called pursuant to Section 14-A of the Charter, no one or only one person has been 7 nominated for such office to be filled at that election, the City Clerk shall submit a certificate of these facts to the Mayor and Common Council and inform the Mayor and Common Council that it may, at a regular or special meeting held before the municipal election, adopt one of the following courses of action: 6 8 9 10 1. 2. 3. Appoint to such office the person who has been nominated. Appoint to such office any eligible elector if no one has been nominated. Hold the election if either no one, or only one person, has been nominated. 11 12 B. The City Clerk shall post on the City's website and/or publish a notice of the facts described in this Section and the courses of action available under this subdivision. Publication shall be made pursuant to Section 6061 of the Government Code in any newspaper of general 14 circulation as designated by the Clerk. After the fifth day following the date of publication, the Mayor and Common Council may make such an appointment or direct an election to be held. The person appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for that office. If, by the 75th day before the municipal election, no person has been appointed to office pursuant to paragraphs (1) or (2), the election shall be held. 13 15 16 17 C. Notwithstanding Elections Code Sections 8600 et seq. or any other provision of law to the contrary, if the Mayor and Common Council make an appointment as provided in this Section, the City Clerk shall not accept for filing any statement of write-in candidacy which is submitted after the appointment is made. (Ord. MC-761, 11-26-90.) 18 19 20 2.56.180 Unconstitutionality or invalidity of residence requirements. 21 22 In the event any court of competent jurisdiction adjudicates that the residency requirements set forth in the provisions of the Charter, or any ordinance of the City of candidates for elective municipal offices in any primary, general, special or recall election are unconstitutional or invalid, the residency requirement for candidates for such elective offices shall be a period of at least thirty days next preceding the filing of nomination papers for their election in the ward, or in the City, as may be applicable. (Ord. 3549, 1976; Ord. 2048 g11, 1954.) 23 24 25 26 27 - 13 - 28 Me-13 18 1 ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.56 - ELECTIONS 2 2.56.190 Fiscal analysis of measure. 3 Whenever any City measure qualifies for a place on the ballot, the Mayor and Common 4 Council may direct designated officers of the City to prepare an impartial fiscal analysis ofthe measure showing the amount of any increase or decrease in revenue or cost to the City of San Bernardino. The fiscal analysis shall be printed preceding the arguments for and against the 6 measure. If a City Attorney's analysis has also been directed pursuant to Section 9280 of the Elections Code, the City Attorney's analysis and the fiscal analysis shall be separately set forth. (Ord. MC-97, 1981.) 5 7 8 2.56.195 Repealed by 9 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and joint Common Council ofthe City of San Bernardino at aregular meeting thereof, held on the 10 11 19th day of October , 2009, by the following vote, to wit: 12 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 13 ESTRADA x 14 BAXTER ~ 15 BRINKER ~ 16 SHORETT x 17 KELLEY x 18 JOHNSON x 19 MC CAMMACK x 20 (2Jd /:J ~jJc Racllel G. Clark, City Clerk The foregoing Ordinance is hereby approved this .:2.c)~ofOctober ,2009. 21 22 23 25 K J. MO ,Mayor o San Bernardino 24 26 27 - 14 - 28