HomeMy WebLinkAbout43- City Attorney CITY OF SAN BERK RDINO - REQUEST I )R COUNCIL ACTION
From: Subject:
James F. Penman An ordinance of the City of San Bernardino amending
Dept: §2.56.001 of the: San Bernardino Municipal Code and
City Attorney repealing §§2.56.140, 2.56.142, 2.56.143, .2.56.144,
2.56.148 and 2.56.160.D of the San Bernardino Municipal
Date: February 18, 1993 Code relating to absentee ballots in city elections
Synopsis of Previous Council action:
1954 - Ordinance 2048 510
1976 - Ordinance 3061 (part)
4/24/83 - Ordinance MC-268
9/13/85 - Ordinance MC-473
9/23/85 - Ordinance MC-476, Ordinance MC-478
4/3/89 - Ordinance MC-654, Ordinance MC-655, Ordinance MC-656,
Ordinance MC-657
_.2/15/93 - City Attorney directed to bring back an ordinance to
J repeal local provisions to allow general law to control
Recommended motion:
Waiver further reading and lay over for final adoption
i Signature
Contact person: Dennis A. Barlow Phone: 5255
Supporting data attached: Ward: All
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262 Agenda Item No. � �
CITY OF SAN BERk_ .RDINO - REQUEST ` )R COUNCIL ACTION
STAFF REPORT
Over the years, the Mayor and Council have adopted several
ordinances relating to voting by absentee ballot. These ordinances
have attempted to protect the right of casting a ballot in such
manner within the City and still to prevent the misuse and
corruption of the process.
It has been suggested that the City would be better served if
the general law on absentee voting were to be followed instead of
developing our own rules and regulations. The attached ordinance
repeals all provisions of the San Bernardino Municipal Code
regulating absentee voting and would therefore allow application of
the general law.
75-0264
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
52. 56 .001 OF THE SAN BERNARDINO MUNICIPAL CODE AND REPEALING
3 552 . 56. 140, 2. 56. 142, 2. 56. 143, 2. 56. 144, 2. 56 . 146, 2. 56. 148 AND
2 . 56. 160.D OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
4 ABSENTEE BALLOTS IN CITY ELECTIONS
5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
6
SECTION 1 . Section 2. 56.001 of the San Bernardino Municipal
7
Code is hereby amended to read as follows:
8
"2. 56. 001 Law governing municipal
9
elections.
10
Primary, general, special or recall
11
municipal elections shall be conducted in
12 the manner provided for by general law
13 except as hereinafter set forth, or as may
14 be otherwise provided by ordinance or
15 resolution. "
16
17 SECTION 2. Section 2. 56. 140 of the San Bernardino Municipal
18 Code is hereby repealed.
19 SECTION 3 . Section 2. 56. 142 of the San Bernardino Municipal
20 Code is hereby repealed.
21 SECTION 4. Section 2. 56. 143 of the San Bernardino Municipal
22 Code is hereby repealed.
23 SECTION 5 . Section 2. 56. 144 of the San Bernardino Municipal
24 Code is hereby repealed.
25 SECTION 6. Section 2. 56. 146 of the San Bernardino Municipal
26 Code is hereby repealed.
27
28
DAB:km[ABSENTEE.ORD] —1— February 17, 1993
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO OF THE CITY OF
SAN BERNARDINO AMENDING 52.56.001 OF THE SAN BERNARDINO MUNICIPAL
2 CODE AND REPEALING 552 .56. 140, 2.56.142, 2.56.143, 2.56.144,
2.56. 146, 2.56.148 AND 2.56.160.D OF THE SAN BERNARDINO MUNICIPAL
3 CODE RELATING TO ABSENTEE BALLOTS IN CITY ELECTIONS
4 SECTION 7. Section 2. 56. 148 of the San Bernardino Municipal
5 Code is hereby repealed.
6 SECTION 8. Subsection D of Section 2. 56 . 160 of the San
7 Bernardino Municipal Code is hereby repealed.
8 I HEREBY CERTIFY that the foregoing ordinance was duly
9 adopted by the Mayor and Common Council of the City of San
10 Bernardino at a meeting thereof, held on the
11 day of 1993, by the following vote, to wit:
12 Council Members: AYES NAYS ABSTAIN ABSENT
13 ESTRADA
14 REILLY
15 HERNANDEZ
16 MAUDSLEY
17 MINOR
18 POPE-LUDLAM
19 MILLER
20
City Clerk
21 The foregoing ordinance is hereby approved this day
22 of 1993 .
23
W. R. Holcomb, Mayor
24 City of San Bernardino
25 Approved as to form
and legal content:
26 JAMES F. PENMAN,
27 City Attorney
28 By:
DAB':km{ABSENTEE.ORD] —2— February 17, 1993
CITY OF SAN BERM RDINO - REQUEST r )R COUNCIL ACTION
From: Subject:
James F. Penman An ordinance of the city of
Dept: S_P Bernardino adding Section
City Attorney 2.56.195 to the San Bernardino
Municipal Code relating to write-in
Date: February 18, 1993 candidates
Synopsis of Previous Council action:
None
I
I
Recommended motion:
I
On Alternative A or Alternative B
Waiver further reading and lay over for final adoption
I
Signature
Dennis A. Barlow 5255
Contact person: Phone:
All
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262 Agenda Item No.
CITY OF SAN BERN_ ,RDINO - REQUEST l )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.
75-0264
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
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 primary or special
10
election by complying with the procedure
11
specified in Elections Code §7300 et seq.
12
and this 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 ) There shall be no write-in candidates
20 at City general or run-off elections.
21
22
23
24
25
26
27
28
DAB:km[N0WRITE-0RD] —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 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
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 §7300 et seq. and this
12 Section.
13 (b) Write-in candidates must pay the same
i 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. "
25
26
27
28
DAB:km[WRITEIN-0RD] —1— February 17, 1993
S
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
I
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
i,
26
27
28
DAB:km[WRITEIN-ORD] —2— February 17, 1993
C I T Y OF S A N B E R N A R D I N O
INTEROFFICE MEMORANDUM
CITY CLERK'S OFFICE
DATE: March 29 , 1993
TO: Honorable Mayor and Members of the City Council
FROM: Rachel Clark, City Clerk
SUBJECT: Workshop on Proposed Ordinances of the City of San
Bernardino Relating to Absentee Ballots in City
Elections and to Write-in Candidates (CONTINUED FROM
THE COUNCIL MEETING OF 2/25/93, ITEMS 37 AND 38
RESPECTIVELY) ; and Report on Presentation by Westside
Action Group relative to the March 2nd, 1993 Primary
Election (CONTINUED FROM THE COUNCIL MEETING OF
3/22/93 , ITEM S-6) .
COPIES:
----------------------------------------------------------------
SYNOPSIS OF PREVIOUS COUNCIL ACTION:
2/25/93 : The Mayor and Common Council directed the City Attorney
to prepare an ordinance repealing local provisions
relating to absentee ballots in City elections to allow
general law to control.
3/08/93 : Pursuant to Mayor and Council action of 2/25/93 , the
City Attorney presented an ordinance repealing local
provisions relating to absentee ballots. If adopted,
general law provisions relating to absentee ballots
would be followed by the City. The matter was
continued to a workshop to be held April 5, 1993 .
The City Attorney also presented two alternative
ordinances for consideration by the Mayor and Council
providing specific provisions for write-in candidates.
This matter was also continued to a workshop to be held
on April 5, 1993 .
3/22/93 : A representative of Westside Action Group (WAG) gave a
presentation relative to the primary election held on
March 2nd, 1993 . The matter was continued to the April
5, 1993 workshop.
INTRODUCTION
At the March 8, 1993 Council meeting, the Mayor and Common
Council voted to continue the above matters to April 5, 1993 in
order that a workshop could be given by the City Clerk on the
subject of absentee laws and write-in candidates.
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
March 29, 1993
Page Two
On March 22 , 1993 , Jim Pettway, representing the Westside Action
Group, gave a presentation concerning the March 2nd, 1993 primary
election and alleged that the City Clerk's Office denied citizens
of San Bernardino their right to vote for several reasons which
were enumerated in a report distributed to the Mayor and Members
of the City Council. This matter was also continued to the April
5, 1993 workshop.
Since we have three items for discussion at the April 5th
workshop, I am submitting this report addressing each item in
the order presented in the written summary accompanying this
memorandum and I respectfully request that my staff and I be
given the opportunity to give our report first, then entertain
questions from the Mayor and Common Council, and finally,
entertain questions from the public.
i
Rachel Clark
City Clerk
RC: sm
Attachment