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HomeMy WebLinkAbout1559ORDINANCE NO. 1559 (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 any purpose. 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 Elections Official 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. C. The return envelope shall bear the following information, to be printed thereon by the Elections Official or provided by the voter, as appropriate: 01559 Ordinance No. 1559 (2011 Series) Page 2 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 carrier 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 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. Ordinance No. 1559 (2011 Seises) Page 3 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 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. Ordinance No. 1559 (2011 Series) Page 4 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 5th day of April, 2011, on the following vote: AYES: Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: None ABSENT: None "than Marx ATTEST: , 4S- Elaina Cano City Clerk APPROVED AS TO FO J. fine Dietrick Cit Attorney hereby certify that this document is a true -eta :.)riginal of Ordinance No. ,Z was published pursLIW t to C' ar Sectwn 602. _DoeG_ Clerk