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
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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:
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Elaina Cano
City Clerk
APPROVED AS TO FO
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Attorney
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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.
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