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HomeMy WebLinkAbout03/15/2011, B 4 - ORDINANCE AUTHORIZING SPECIAL MAILED BALLOT ELECTIONS COUnC11 Ly(J� M.fi"Drte� /�I/I AClenba y�J�epoRt lam Number �� CITY O F SAN LUI S OBI SPO FROM: Elaina Cano, City Clerk �CA� J. Christine Dietrick, City Attorney � SUBJECT: ORDINANCE AUTHORIZING SPECIAL MAILED BALLOT ELECTIONS RECOMMENDATION Introduce an ordinance authorizing Council to set special municipal elections and conduct mailed ballot elections on any established election date for regular, special, or mailed ballot elections under the California Elections Code, or on any other date otherwise established by City Council resolution for the purpose of placing Charter amendment or repeal measures before the voters. DISCUSSION On February 22, 2011, Council expressed a desire to authorize a special municipal election on August 30, 2011, which is an established date for mailed ballot elections under California Elections Code, Section 1500. The draft ordinance, included as Attachment 1, to this report enables the Council, by resolution, to call a mailed ballot election for the purpose of considering Charter amendment or repeal measures on dates established under the Elections Code or any other date specified by Council resolution. The ordinance does not call an election for any specific date and any action to call an election will need to be taken by subsequent Council resolution following the effective date of the ordinance, but not less than 88 days prior to the date of an election (June 3, 2011 for an election to be conducted on August 30, 2011). The City's Charter, Section 301, provides that "[u]nless otherwise provided by ordinance hereafter enacted, all elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exists or may hereafter be amended." Elections Code Section 4000, governing mailed ballot elections, only authorizes mailed ballot elections for a limited scope of issues, which would not include the Charter amendments discussed by the City Council during the February 22nd special meeting. However, because municipal elections are considered local municipal affairs subject to Charter authority, the City may define more broadly the scope of the matters that can be considered in a mailed ballot special municipal election by adopting an ordinance pursuant to the authority provided in Charter section 301. The ordinance attached for Council's consideration establishes that the City may conduct mailed ballot elections, defines the dates on which such elections may be held, and provides that measures relating to the amendment or repeal of a Charter provision may be placed before the voters in such elections by Council resolution. The ordinance also establishes how ballots are to be distributed and returned, provides that the elections official shall establish the official drop-off center, and defines how the drop-off center must be operated. All matters not prescribed by the ordinance are to be handled in accordance with otherwise applicable provisions of the Elections Code. B4-1 Mailed Ballot Elections Ordinance Page 2 Under both the Elections Code and the Government Code, elections ordinances are effective immediately. However, City Charter Section 604 (Effectiveness)provides as follows: Except as otherwise provided in this Charter, every ordinance and every measure passed by the Council shall go into effect at the expiration of thirty (30) days after its final passage, unless otherwise provided in said ordinance or measure; provided, however, that no such ordinance or measure shall go into effect in less than thirty (30) days from its final passage. But ordinances declared by the Council to be necessary as emergency measures as hereinafter provided, ordinances relating to public improvements, the cost of which is to be borne wholly or in part by special assessments, and taxing ordinances, may go into effect at the will of the Council. Since the City Charter conflicts with the Elections Code and provides no exception to the Charter's rules of ordinance effectiveness for elections ordinances, this ordinance will become effective 30 days following its final adoption. Thus, if Council introduces the ordinance on March 15, 2011 and it is adopted on April 5, 2011 ("final passage"), the ordinance will become effective on May 5, 2011. Council could then call an election authorized by the ordinance at any time after that effective date, but at least 88 days prior to any desired election date. CONCURRENCES The City Attorney has reviewed the ordinance and concurs with the recommendation. FISCAL IMPACT There is no fiscal impact associated with the adoption of this ordinance. Fiscal impacts would only be incurred in the event that Council calls an election after the effective date of the ordinance pursuant to the authority granted by the ordinance. ALTERNATIVES 1. Council can direct staff to broaden the scope of issues that may be placed before the voters in the mailed ballot elections authorized by the ordinance to include, for instance, citizen initiatives, referenda or other non-Charter Council measures. 2. Council could decline to adopt the ordinance, but to do so would preclude the ability to call an August 30, 2011 election for the purpose of considering any potential Charter measure. ATTACHMENT 1. Draft ordinance relating to the conduct of mailed ballot elections TACity ClerkElcuions 201 REdited all mail ballot CAR.doc B4-2 ATTACHMENT 1 ORDINANCE NO. (2011 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO RELATING TO THE CONDUCT OF MAILED BALLOT ELECTIONS WHEREAS, pursuant to the authority granted under Section 301 of the City Charter, the City Council desires to provide procedures for conducting special municipal elections for any purpose by mailed ballot. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo that any special municipal election may be conducted as an all-mail ballot election in accordance with the provisions of Sections 1 through 11 of this ordinance. SECTION 1. Scope of Mailed Ballot Elections. Any special municipal election specified herein may be held as a mailed ballot election for the purpose of placing before the voters any question related to the amendment or repeal of any provision of the City of San Luis Obispo Charter. SECTION 2. Any mailed ballot election may be conducted, and the votes thereof canvassed, and the returns thereof made, and the result thereof ascertained and determined, as herein provided; and in all particulars not prescribed by this ordinance, said elections shall be held as provided by the general laws of the State of California for the holding of municipal elections in the City. The Elections Official is hereby authorized and directed to take all actions necessary to conduct said special elections as provided herein and as required by law. SECTION 3. Dates for Special Municipal Elections. The date for any mailed ballot special municipal election shall either be on a date set by the California Elections Code sections 1000, 1001, or 1500, or on any other date set by resolution of the City Council. SECTION 4. Drop-off Centers. The Elections Official, or his or her designee (hereinafter "Elections Official'), shall establish the official ballot drop-off centers. The official drop-off centers shall be open during normal business hours 29 days before Election Day on weekdays (excluding holidays) and on Election Day from 7:00 a.m. to 8:00 p.m., and at that time, shall be closed. SECTION 5. Provision of Ballot Materials. The Elections Official shall provide to each registered voter appropriate supplies necessary for the use and return of the ballot by mail. A. Each ballot mailed by the shall be accompanied by a ballot pamphlet and instructions for return of the ballot, including the location of the official ballot drop-off centers for the special election, and the date and time by which such ballot must be received at the official ballot drop-off centers to be counted for the election. B. Each ballot mailed by the Elections Official shall be accompanied by an official return envelope. O B4-3 ( , ) ATTACHMENT 1 Ordinance No. 201`1 Series Page 2 C. The return envelope shall bear the following information, to be printed thereon by the Elections Official or provided by the voter, as appropriate: 1. A notice that the envelope contains an official ballot and is to be opened only by the canvassing board. 2. A warning plainly printed that voting more than once constitutes a crime. 3. A declaration of the voter, under penalty of perjury, that he or she resides within the precinct in which he or she is voting and is the person whose name appears on the envelope. 4. The residence address of the voter as shown on the affidavit of registration. 5. The signature of the voter. 6. The date of signing. 7. If the ballot will be returned in person by someone other than the voter, the voter's handwritten designation of that person by name, and a declaration signed by the voter, under penalty of perjury, that said adult person has been authorized by the voter to return the ballot. 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. E. The failure of any registered voter to receive an official ballot shall not invalidate any election conducted pursuant to this Chapter. SECTION 6. Return of Ballots. A. Ballots may be returned by regular, certified or registered United States mail, overnight commercial carver or in person. Ballots returned in person may be returned to the official drop-off centers. The Elections Official may include a notice to voters to the effect that they are permitted to return the voted ballot by regular, certified, or registered United States mail or overnight commercial carrier. B. All ballots shall be delivered, by mail to the Elections Official or in person by the voter or other authorized person to the official ballot drop-off centers no later than 8:00 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 8:00 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 B4-4 Ordinance No. (2011 Series) ATTACHMENT 7 Page 3 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 an adult person designated and authorized, in said voter's own handwriting, in the appropriate place provided by the Elections Official on the outside of the return envelope. Any person who shall deliver any other voter's ballot to the official ballot drop-off centers shall; at the time of such delivery, personally sign, in the presence of the Elections Official or a Deputy Elections Official, a declaration under penalty of perjury relating to such designation, authorization and delivery on a form to be furnished by the Elections Official. D. The Elections Official shall establish appropriate procedures for verifying the signature and residence address of each voter casting a mailed ballot. Upon receipt at the Elections Official's office, the Elections Official or a Deputy Elections Official shall compare the signature on each envelope with that appearing on the affidavit of registration of such voter and, if determined to be the same, deposit the ballot, still in the official return envelope, in a ballot container in the Elections Official's office. If the ballot is rejected on the basis of such comparison, the envelope shall not be opened and the ballot shall not be counted, and the cause of rejection shall be noted on the face of the envelope. A variance between the signatures caused by the substitution of initials for the first or middle name, or both, shall not invalidate the ballot. No ballot shall be removed from its envelope until the time for processing. No ballot shall be rejected on the basis of this subsection after the envelope has been opened. SECTION 7. Official Ballot Drop-off Centers. The Elections Official shall establish the appropriate procedures and furnish the necessary staffing to ensure the secrecy and adequate security of ballots returned to the officially designated ballot drop-off centers. SECTION 8. Absent Voter. 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 ordinance, the provisions of Division 3 (Section 3000 et seq.) of the Elections Code of the State of California shall not apply to this special election; 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 conforming in all particulars to the requirements of this ordinance 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 City Clerk 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 B4-5 Ordinance No. ATTACHMENT 1 (2011 Series) Page 4 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. SECTION 9. Provisional Ballots. Any registered voter who has not already cast his or her vote may obtain a ballot at the official drop-off centers. The drop-off centers shall provide the necessary materials to enable voters to cast their votes in person, in accordance with the provisional ballot provisions of the Elections Code. SECTION 10. Processing of Ballots. Notwithstanding any provision in the California Elections Code, the Elections Official may commence processing the ballots no earlier than the seventh working day prior to the election. However, the Elections Official shall not release any results until 8:00 p.m. on the day of the special election. SECTION 11. Effective Date. This ordinance, being an ordinance calling, ordering and relating to an election, shall take effect immediately from and after its adoption. SECTION 12. 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. SECTION 13. 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 on the 15th day of March 2011, AND.FINALLY ADOPTED by the Council of the City of San Luis Obispo, on the day of , 2011, on the following vote: AYES: NOES: ABSENT: Mayor Jan Howell Marx ATTEST: Elaina Cano City Clerk ,;OVED AS TO FORM: It stine 4tn City Attorney B4-6