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HomeMy WebLinkAbout1563 - Amending SLOMC Chapter 2.42 Governing Mailed BallotsORDINANCE NO. 1563 (2011 Series) AN ORDINANCE 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 carrier, in person, or in any other manner authorized by the California Elections Code. Ballots returned in person may be returned to the official 01563 Ordinance No. 1563 (2011 Series) 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. Ordinance No. 1563 (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. This ordinance shall be published within 15 days after its passage in a newspaper of the City of San Luis Obispo. 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: Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: None ABSENT: None ATTEST: 1 r, LZ':W-� Elaina Cano City Clerk APPROVED AS TO FO A §tine Dietrick Attorney � nztle- Mao Jan Marx hereby certify that this document is a true and accurate original of Ordinance No. .1sZ,3 , and that the ordinance was published pursuant to Charter Section 602. `We City Clerk L