HomeMy WebLinkAbout06/07/2011, B 7 - CLARIFYING AMENDMENTS TO MUNICIPAL CODE CHAPTER 2.42, MAILED BALLOT ELECTIONS council Maury Dae
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C I TY OF SAN L U IS O B I S P 0
FROM: J. Christine Dietrick, City Attorney L�
SUBJECT: CLARIFYING AMENDMENTS TO MUNICIPAL CODE CHAPTER 2.42,
MAILED BALLOT ELECTIONS
RECOMMENDATION
Adopt an ordinance amending Chapter 2.42 of the Municipal Code to provide clarity in the
administration of the August 30, 2011, election based on input from the County Registrar of
Voters.
DISCUSSION
At its May 17, 2011, meeting, Council called a special mailed ballot election to be held on
August 30, 2011, and authorized staff to contract with the County Registrar of Voters to conduct
the election. Following Council's action, the City Attorney and City Clerk met with the County
Clerk and her staff to discuss elections logistics. During that meeting, County staff pointed out
areas of the City's ordinance enabling the election where clarifying amendments would be
desirable to ensure the County's ability to administer the election most effectively and in
accordance with the provisions of the California Elections Code. The recommended
amendments, reflecting additions with an underline and deletions with a strikethrough, and
explanation of the purpose of the amendments is set forth below:
Section 2.42.050 (Drop-Off Centers) of Chapter 2.42:
The elections official, or his or her designee (hereinafter "elections official"), shall
establish the official ballot drop-off centers. At least one of the official drop-off centers
shall be open during normal business hours 29 days before election day on weekdays
(excluding holidays). a The elections official may establish such additional official
drop-off centers as he or she may deem necessary. All official drop-off centers shall be
open on Election Day from 7:00 a.m. to 8:00 p.m. and, at that time, shall be closed.
The recommended amendments to this section are intended to address concerns that County staff
resources are not available to staff multiple official drop-off centers continuously for twenty nine
days prior to the election. However, multiple drop-off centers on election day are both feasible
and desirable. The amendments would provide for at least one fully staffed official drop-off
center to be open prior to election day, but would facilitate the establishment of multiple drop-off
centers for voter convenience on election day.
B7-1 .
Clarifying Amendments to Municipal Code Chapter 2.42 Page 2
Subsection C of Section 2.42.060 (Provision of ballot materials) of Chapter 2.42:
C. The form of the return envelope shall be as set forth in the provisions of the California
Elections Code governing the form of vote by mail voter identification envelopes.
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The recommended amendments are simply to clarify that the ballot envelope shall be in the form
typically required by the Elections Code. Elections Code Section 301 lalready sets forth in detail
the ballot envelope format requirements. The revisions arise from concerns expressed by County
staff that variations in the language of the ordinance from the standard Elections Code provisions
could drive the need to create and require persons designated by the voter to fill out an additional
declaration not required by the Elections Code. This could create confusion among voters and
poll workers not accustomed to administering requirements outside the Elections Code.
D. The elections official shall not commence to mail the ballot and election materials
prior to the 29th day before the election, and shall complete the mailing no later than the
10th day prior to the election, except as otherwise permittedorrequired by the California
Elections Code.
This amendment is to clarify that the elections official is not precluded from mailing ballots in
accordance with the Elections Code, where special provisions are made. These provisions are
important to ensure voting rights of overseas and military voters who are qualified to receive
ballots up to 60 days in advance of the election and for new registrants who may be entitled to
have ballots mailed to them later than the tenth day prior to the election.
Subsections A, B and C of Section 2.42.070 (Return of ballots) of Chapter 2.42:
A. Ballots may be returned by regular, certified or registered United States mail,
overnight commercial carrier, er in person, or in any other manner authorized by the
California Elections Code. Ballots returned in person may be returned to the official drop-
B7-2
Clarifying Amendments to Municipal Code Chapter 2.42 Page 3
off centers and shall be deemed received by the Registrar of Voters on the date and at the
time of return to an official drop-off center. The elections official may include a notice to
voters
ssnecifyine the permitted
means by which to return the voted ballot.
B. All ballots shall be delivered, , in a manner authorized by the California
Elections Code by the voter or other authorized person to the official ballot drop-off
centers no later than eight p.m. on the date of the special election. Any ballot received by
the elections official by mail or at the official ballot drop-off centers after eight p.m. on
the date of the special election shall not be accepted or counted. However, if at the time of
the announcement that the poll is closed there are any voters inside the official ballot
drop-off centers who have not been able to deposit their official ballot envelope with the
election officials there, the election officials shall continue to accept envelopes from such
voters until all have had the opportunity to deliver their ballots.
These amendments are meant to eliminate any ambiguity regarding the applicability of provisions
that permit military voters to return ballots by facsimile and to clarify that delivery of a ballot to a
drop-off center is deemed to be delivery to the Registrar of Voters office, as specified in the
resolution calling the August 30, 2011 election.
C. Any ballot returned in person shall be returned by the voter who was authorized to
cast the ballot or by a person designated and authorized, in ,
by the voter, in accordance with the California Elections Code, in the appropriate place
provided by the elections official on the outside of the return envelope.
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Ae«. t y eleetie«n eFF,eial deen..nt:e« under- penalty of « ..elating to .eh
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.
These amendments are intended to eliminate the need for an additional declaration not required
by the Elections Code and to clarify that compliance with the requirements of the Elections Code
for designation of persons authorized to return a voter's ballot are sufficient to satisfy the
requirements of the City's ordinance. These amendments will also ensure that no modification to
the standard vote by mail envelope used by the County Clerk, and with which most voters are
familiar, will be required for the City's election.
Subsections A and B of Section 2.42.090 (Absent Voter) of Chapter 2.42;
A. No application need be made by any voter for an absentee ballot for this special
election conducted entirely by mail and, except as otherwise provided in this chapter, the
provisions of Chapter 1 (except Sections 3011, 3014, 3017, and 3021 to the extent not
inconsistent with this ordinance) and Chapter 3 of Division 3 (Section 3000 et seq.) of the
Elections Code of the State of California shall not apply to special elections hereunder;
provided, however, that any voter who has qualified as a permanent absentee voter under
R?„3
Clarifying Amendments to Municipal Code Chapter 2.42 Page 4
the Elections Code shall receive and return a ballot in the manner provided herein for all
other voters. The return of the mailed ballot in the manner authorized and conforming in
all particulars to the requirements of this chapter shall be accepted as an absentee ballot
on behalf of any voter who is absent from the city on the date of the election.
B. Any registered voter who will be absent from the city prior to the mail-ballot election
to and including the date of the election may file a written application with the elections
official to receive an absentee mailed ballot at an address other than the voter's residence.
The application shall.be filed following the adoption of the resolution calling the mailed
ballot election and on or before the seventh day prior to the election. The application shall
show the voter's place of residence and the address to which the ballot should be mailed,
and state that the voter will be unable to receive and return the mailed ballot by the
election date, and shall be signed by the applicant under penalty of perjury. No voter who
requests an absentee mail ballot shall be required to return or surrender a duplicate mailed
ballot sent to the voter's residence. (Ord. 1559 § 8, 2011)
These amendments are intended to clarify that the City's ordinance is intended to be construed
consistent with the Elections Code provisions ensuring the voting rights of permanent absentee
and military voters, as well as new voters. Thus, the sections of Division 3 of the Elections Code
governing those procedures are specifically incorporated back into the ordinance. Additionally,
one remaining reference to the City Clerk has been changed to "elections official," consistent
with the remainder of the ordinance.
CONCURRENCES
The County Registrar of Voters' Office has reviewed the recommended amendments and concurs
with the recommendation.
FISCAL IMPACT
The recommended amendments are not likely to have a significant fiscal impact, but may result
in lower election costs to the City due to clarifications that no ballot envelope redesign will be
required as the result of local ordinance provisions.
ALTERNATIVES
Do not amend the ordinance. This alternative is not recommended because it could result in
undesirable ambiguity for County staff in administering the election and could require redesigns
of ballot envelopes and creation of additional forms by the County.
ATTACHMENTS `
Ordinance
G:\City Clerk\Elections&City ResourcesTlections 2011\Amended Special Election Ordinance.2011.6.7\CAR.Amending
Election Ordinance.2011.6.7.dot
B7-4
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ATTACHMENT
ORDINANCE NO. (2011 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING SAN LUIS OBISPO MUNICIPAL CODE CHAPTER 2.42 GOVERNING
MAILED BALLOT ELECTIONS
WHEREAS, pursuant to the authority granted under Section 301 of the City Charter, the
City Council adopted Ordinance Number 1559 (2011 Series) on April 5, 2011 governing the
conduct of mailed ballot elections; and
WHEREAS, the City Council desires to amend Chapter 2.42 to ensure clarity in the
administration of its elections and to facilitate the broadest voter participation in municipal
elections;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo that Chapter 2.42 (Mailed Ballot Elections) of the City of San Luis Obispo Municipal
Code is hereby amended as follows:
SECTION 1. Section 2.42.050 (Drop-Off Centers) of Chapter 2.42 is amended to read
as follows:
The elections official, or his or her designee (hereinafter "elections official'), shall
establish the official ballot drop-off centers. At least one of the official drop-off centers shall be
open during normal business hours 29 days before Election Day on weekdays (excluding
holidays). The elections official may establish such additional official drop-off centers as he or
she may deem necessary. All official drop-off centers shall be open on Election Day from 7:00
a.m. to 8:00 p.m. and, at that time, shall be closed.
SECTION 2. Subsection C of Section 2.42.060 (Provision of ballot materials) of
Chapter 2.42 are amended to read as follows:
C. The form of the return envelope shall be as set forth in the provisions of the
California Elections Code governing the form of vote by mail voter identification
envelopes.
D. The elections official shall not commence to mail the ballot and election materials
prior to the 29th day before the election, and shall complete the mailing no later than the
10th day prior to the election, except as otherwise permitted or required by the California
Elections Code.
SECTION 3. Subsections A, B and C of Section 2.42.070 (Return of ballots) of Chapter
2.42 are amended to read as follows:
A. Ballots may be returned by regular, certified or registered United States mail,
overnight commercial carver, in person, or in any other manner authorized by the
California Elections Code. Ballots returned in person may be returned to the official
O
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Ordinance No. (2011/Series) - ATTACHMENT
Page 2
drop-off centers and shall be deemed received by the Registrar of Voters on the date and ,.
at the time of return to an official drop-off center. The elections official may include a
notice to voters specifying the permitted means by which to return the voted ballot.
B. All ballots shall be delivered in a manner authorized by the California Elections
Code by the voter or other authorized person to the official ballot drop-off centers no
later than eight p.m. on the date of the special election. Any ballot received by the
elections official by mail or at the official ballot drop-off centers after eight p.m. on the
date of the special election shall not be accepted or counted. However, if at the time of
the announcement that the poll is closed there are any voters inside the official ballot
drop-off centers who have not been able to deposit their official ballot envelope with the
election officials there, the election officials shall continue to accept envelopes from such
voters until all have had the opportunity to deliver their ballots.
C. Any ballot returned in person shall be returned by the voter who was authorized to
cast the ballot or by a person designated and authorized by the voter, in accordance with
the California Elections Code, in the appropriate place provided by the elections official
on the outside of the return envelope.
SECTION 4. Subsections A and B of Section 2.42.090 (Absent Voter) of Chapter 2.42
are amended to read as follows:
A. No application need be made by any voter for an absentee ballot for this special
election conducted entirely by mail and, except as otherwise provided in this chapter, the
provisions of Chapter 1 (except Sections 3011, 3014, 3017, and 3021 to the extent not .
inconsistent with this ordinance) and Chapter 3 of Division 3 (Section 3000 et seq.) of the
Elections Code of the State of California shall not apply to special elections hereunder;
provided, however, that any voter who has qualified as a permanent absentee voter under
the Elections Code shall receive and return a ballot in the manner provided herein for all
other voters. The return of the mailed ballot in the manner authorized and conforming in
all particulars to the requirements of this chapter shall be accepted as an absentee ballot
on behalf of any voter who is absent from the city on the date of the election.
B. Any registered voter who will be absent from the city prior to the mail-ballot
election to and including the date of the election may file a written application with the
elections official to receive an absentee mailed ballot at an address other than the voter's
residence. The application shall be filed following the adoption of the resolution calling
the mailed ballot election and.on or before the seventh day prior to the election. The
application shall show the voter's place of residence and the address to which the ballot
should be mailed, and state that the voter will be unable to receive and return the mailed
ballot by the election date, and shall be signed by the applicant under penalty of perjury.
No voter who requests an absentee mail ballot shall be required to return or surrender a
duplicate mailed ballot sent to the voter's residence. (Ord. 1559,§ 8, 2011)
SECTION 5. Effective Date. This ordinance, being an ordinance calling, ordering or
relating to an election, shall take effect immediately from and after its adoption.
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_ ATTACHMENT . .
Ordinance No. (2011 Series) _
Page 3
SECTION 6. If any part of this ordinance is held by a court of competent jurisdiction to
be invalid, void, or unenforceable, the remainder of the ordinance shall remain in full force and
effect and shall in no way be affected, impaired, or invalidated, nor shall any portion of the
Municipal Code herein amended be affected, impaired, or invalidated.
SECTION 7. A summary of this ordinance approved by the City Attorney shall be
published at least once in a newspaper.of the City of San Luis Obispo at least three (3) days
before its adoption.
INTRODUCED AND ADOPTED on this 7th day of June 2011 by the Council of the
City of San Luis Obispo, on the following vote:
AYES:
NOES:
ABSENT:
Mayor Howell Marx
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
G:\City Clerk\Elections&City Resources\Elections 2011\Amending.Enabling All Mail Ballot Election Ordinance.2011.5.23.doc
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