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HomeMy WebLinkAbout38- City Attorney CITY OF SAN BERN RDINO REQUEST F 'R COUNCIL ACTION From: Subject: James F. Penman An ordinance of the City of Dept: Si_n Bernardino adding Section City Attorney 2.56.195 to the San Bernardino Municipal Code relating to write-in Date: February 8 1993 y , candidates Synopsis of Previous Council action: None Recommended motion: On Alternative A or Alternative B Waiver further reading and lay over for final adoption Signature Dennis A. Barlow 5255 Contact person: Phone: All Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) Finance: :,ouncil Notes: 75-0262 Agenda Item No. 3F CITY OF SAN BERN RDINO - REQUEST F 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. 5-0264 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 6 SECTION 1 . Section 2. 56. 195 is hereby added to the San 7 Bernardino Municipal Code to read as follows: "2. 56. 195 Write-In Candidates 8 9 ( a) Individuals may qualify as write-in 10 candidates for any city primary or special 11 election by complying with the procedure 12 specified in Elections Code §7300 et seq. and this Section. 13 14 (b) Write-in candidates must pay the same filing fee specified in §2. 56.080 of this 15 Chapter as required of other candidates or 16 17 may submit a petition containing signatures 18 of registered voters in-lieu of a filing 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[NOWRITE-ORD] —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 18 The foregoing ordinance is hereby approved this day 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 57300 et seq. and this 12 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) 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-ORD] —1— February 17, 1993 4 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[WRITEIN-ORD] —2— February 17, 1993