HomeMy WebLinkAboutCC Ord 1539 2005-10-24
ORDINANCE NUMBER 1539
AN ORDINANCE OF THE CITY OF SEAL BEACH
AMENDING THE SEAL BEACH MUNICIPAL CODE BY
ADDING SECTION 2.05.020 RELATING TO THE
CONDUCT OF MAILED BALLOT ELECTIONS
WHEREAS, pursuant to Section 507 of the Seal Beach Official Charter, the City
Council may adopt ordinances governing municipal elections; and
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WHEREAS, the City Council desires that municipal elections be conducted as
mailed ballot elections, in order to reduce election costs and to increase voter
participation; and
WHEREAS, the City Council desires to provide a procedure for conducting City
elections by all-mailed ballot in the future.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Title 2 (Elections) of the Seal Beach Municipal Code is amended by
adding Section 2.05.020 to read as follows:
S 2.05.020 Mail Ballot Primary Nominating Elections, General Municipal
Elections and Special Elections. .
A. Pursuant to Section 507 of the Seal Beach Official Charter, the City
Council hereby authorizes, provides for and mandates the conduct of all-mailed
ballot elections for primary nominating elections, general municipal elections and
special elections, including any election to authorize the issuance of general I
obligation bonds. Such mail ballot elections shall be conducted in accordance
with the applicable provisions of Chapter 2 of Division 4 (commencing with
Section 4100) of the California Elections Code, except as otherwise provided in
this Section 2.05.020.
B. Election Code Sections 3001 through 3008, 3013, 3015 through
3017, and 3020 through 3022 shall not be applicable to City elections conducted
pursuant to this Section 2.05.020. Chapter 1 of Division 4 of the Elections Code
(commencing with Section 4000) and Election Code Sections 4104 through 4108
shall not be applicable to the City elections conducted pursuant to this Section
2.05.020.
C. Elections Code Section 4103 shall apply with the added provision
that, at the time of calling an all-mailed ballot election, the City Council may
change the deadline for the receipt of ballots by the City Clerk for that election.
In the event the Council makes such a change, the change shall also apply to the
"8:00 p.m." deadline specified in paragraphs F, K and N below.
D. Any voter may personally return his or her ballot to the City Clerk's
office, to any designated drop-off site, or the voter may designate and authorize,
in the voter's own handwriting at the appropriate place on the outside of the ballot
envelope, any adult person other than any candidate for any office in such
election, to deliver the voter's ballot to the City Clerk's office or to any designated
drop-off site. The City Clerk shall provide the appropriate form on the ballot
envelope for the voter's handwritten and signed designation and authorization.
The person who delivers any other voter's ballot to the City Clerk's office or to
any designated drop-off site shall, at the time of such delivery, present sufficient
photographic identification to prove that he or she is the person who has been
expressly designated and authorized by the voter, and shall personally sign, in
the presence of the City Clerk or the City Clerk's representatives, a declaration
under penalty of perjury relating to such designation, authorization, and delivery
on a form furnished by the City Clerk's office.
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Ordinance Number 1539
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E. Elections Code Section 3019 shall apply with the added provision
that the City Clerk may compare a copy of a voter's signature produced from the
original ballot envelope to the voter's signature on the original affidavit, or may
arrange with the County Registrar of Voters to compare such signature copies on
the City's behalf, and if a ballot shall be rejected on the basis of such comparison
an appropriate notation shall be marked on the original ballot envelope as
required by Section 3019.
F. The City Clerk's Office shall be open 29 days before election day
on weekdays (excluding holidays) from 8:00 a.m. to 5:00 p.m. and on election
day from 7:00 a.m. to 8:00 p.m., and at that time, shall be closed.
G. Each ballot mailed by the City Clerk shall be accompanied by
instructions for return of the ballot, including the location of the City Clerk's Office
for in-person drop-offs of ballots, and the date and time by which such ballots
must be received at the City Clerk's Office or to any designated drop-off site to
be counted for the election.
H. Each ballot mailed by the City Clerk shall be accompanied by an
official return envelope bearing sufficient postage for return by regular first class
United States mail.
J. The failure of any registered voter to receive an official ballot shall
not invalidate any election conducted pursuant to this Chapter.
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J. Ballots may be retur~ed by regular, certified or registered United
States mail, overnight commercial carrier, or in person. Ballots returned in person
may be returned to the City Clerk's Office or to any designated drop-off site. The
City Clerk may include a notice to voters to the effect that they are permitted to
return the voted ballot by certified or registered United States mail or overnight
commercial carrier. Any voter electing to use such means of delivery shall pay
any additional po~t~ge feql:Jir~d as a result.
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K. Any ballot, recejY~~ by the City Clerk by mail at the City Clerk's
Office or to any designat~d Drop-off site after 8:00 p.m. on election day shall not
be accepted or cop6.tep,;'-howev.~r, if at 8:00 p.m. on election day there are any
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voters inside .City Hall '"who Ilf~ve not been able to deposit their official ballot
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envelope wit~:tn_e elec~iC?n." officials there, the election officials shall continue to
accept envelop'e~frotJ:l~~4.Gtr voters until all have had the opportunity to deliver
their ballots. ~...,.
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L. Any registered voter who will be absent from the City prior to the
mailed-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 ordinance or resolution calling the mailed ballot election and
on or before the 7th 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 mailed ballot shall be required to return or
surrender a duplicate mailed ballot sent to the voter's residence.
M. Any registered voter who has not already cast his or her vote may
obtain a ballot at the City Clerk's office or at designated drop-off sites. Such
places should provide the necessary materials to enable voters to cast their
votes in person -- in accordance with the provisional ballot provisions of the
Elections Code.
N. Notwithstanding any provision in the California Elections Code, the
City Clerk may commence processing the ballots no earlier than the 7th working
Ordinance Number 1539
day prior to the election. However, the City Clerk shall not release any results
until 8:00 p.m. on Election Day.
Section 2. The City Clerk shall certify to the passage of this Ordinance by the
City Council, and is hereby directed, upon the passage and adoption of this
Ordinance, to cause the same to be posted in three {3} conspicuous places in the
City and to be published either (a) once a day for at least seven {7} days in a
newspaper published at least six {6} days a week in the City, or (b) once a week
for two {2} weeks in a newspaper published less than six {6} days a week in the I
City, and to publish a synopsis of the proposition set forth in Section 1 hereof one
time in a newspaper of general circulation in the City. No other notice of the
election hereby called need be given.
Section 3. This Ordinance, being an ordinance calling, or otherwise relating to
an election, shall take effect immediately from and after its adoption pursuant to
Section 416 of the Seal Beach Charter.
Section 4. If any section, subsection, clause, or phrase of this ordinance is for
any reason held to be unconstitutional, or otherwise invalid such decision should
not affect the validity of the remaining sections of this ordinance. The Council
hereby declares that it would have passed this ordinance and each section,
subsection, clause, and phrase thereof irrespective of the fact that anyone or
more other sections. subsections, clauses, or ph~ases be declared invalid.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the 24th day of October, 2005.
~~
Mayor
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
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ATTEST:
c4' Q
~, vtf4,/
C' Y Clerk h
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify
that the foregoing Ordinance was passed, approved and adopted by the City
Council of the City of Seal Beach at a meeting thereof held on the 24th day of
October. 2005, by the following vote:
AYES: CouncIIMembers.o~.~~:at f4 ~
I , } ft;=
NOES: Council Members ~
ABSENT: Council Members 7Jt;n; I
ABSTAIN: Council Members ~J
and do hereby certify that Ordinance Number 1539 has been published as
required by law.
~M?"4 ~I
Gtitf Clerk
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
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I am a citizen of the United States
and a resident of the county afore-
s~id; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit: 1_
.i~OVLYY\\Oe Y' t,
all in the year 2005.
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I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
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Dated at Seal Beach, CAL
this 3 day of n (')JeM~ ( ,2005.
c;:w~ fH. ~
Signature
PUBLICATION PROCESSED BY:
THE SEAL BEACH SUN
216 Main Street
Seal Beach, CA 9074()
(562) 430-7555
Ordinance Number 1539
This space is for the County
Clerk's Filing Stamp
to Pro:e;h~;~~:rshe I,s the per-! ~~~:::=::
ORDINANCE NUMBER 1539 sOn who has been expressly des- I obtain a ballot at the City Clerk's
Ignat~d and authorized by the office or at designated drop-off
,AN ORDINANCE 'OF THE voter, and sliall personally sign,' sites. Such places should rsro-
CITY OF SEAL BEACH I h flh City CI rk
AMENDING THE SEAL n t e presence 0 eel vide the necessary materia s to
,BEACH MUNICIPAL CODE or the City Clerk's representa- : enable voters to cast their votes
, tlVlis, a ~eclaratl~n under penal- r. In person -In accordance wflh the
'~~5A~~I=g~fJ~O.roTHE .1 !Y'ofPel)uryhrelatin9tosundchd.del~: ,'provisional ballot provisions of
. Ignation, aut orl~tion, a e '.v- ; 'the Elections Code.
CONDUCT OF MAILED BAL- ery 01'). ~ rm:m !ur:n!Sh!l4 by the City, N. Notwithstanding allY provl-
LOT ELECTIONS . I Clerk S' office. i slon in the Callfornla Elections
, E. Electfo!,\s.Code Section 301~ I Code, the City Clerk may com.
WHEREAS, pursuant to Sec:t~n shall apply with the added provl- mence rocesslng the ballols no
507 of the Se~1 Beach <<;'fflclal ... slon that the, City Cieri< may com- earlier c'an the 7th working
Charter,. the City Co,,!ncll may J pare a copy of a,voter's signature day prior to the eleclton. However,
~ ordi~ govemlng munlo- prO!1uced from the origln.,1 ballo.t the CIty Clerk shaD not release any
Ipa! elections, and . em(8lope ~o the ~!er's signature . resulls until 8:00 p.m. on Election
WH' E'R'EAS Ii' C'lt C '1" on'the original 'affidavit, or may Day.
. ' t e: y ouncl I arrange with the <<:;ounty Registrar
deslre~ that mumclpa! electJons of Vo.ters t9' compare suc~ 'slg- Section 2. The City Clerk shall
b8,c?l)ducte~ as maIled ballot j, nature'coplesbnlheClly'sbehalf, , certify to the passage af this
I!lectlqns, in order !O reduce elee- arid If a: ballol shall be rejected on Ordinance ~ the CIty Council and
tlon ,cost~ a~d to IIlprease voter I the ,basis of such C<!mparlson an Is hereby directed, upon the pas-
, par!lqlpabol], a~d 'appropriate notabon shall be sage and adoption of this
. . marked on the original ballot Ordinance to cause the same
W,"!r;RI;AS, !h!'l ~Ity Council .envelope as required by Section to be poste.d in three (3) con-
desll~S t? PI'O\'ld8 a p!"?ceclure lor, 3019. splcuous places In the City and
co~ductlng C!ty elections by all- F. The City Clerk's OffICe ~II be I to be published either (a) once a
mailed ~~Il~t III tile future. .3, open 29 days before electi~n day , day for at leest seven (7) days In
" I on weekdays (excludIng holidays) a newspaper published at least six
NOW, THER,EF,ORE, THE CITY fram 8'00 a m to 5'00 P m. and (6) days a week In the ~ or (b)
CSEOAULNCBIELAOCFHTDHOEECSITYHEOREF ~ on eleCtIon daY from 7:00 a.m. to :_Qn~ a week lor two (2) weeks In
- ,8:00p.m.,andatthattlme,shall:...' ---.-., - -
BY ORDAIN AS FOLLOWS: , be closed~ . a. newspaper published less than
., G. Each ballot mailed by the City SIX (6) days a week In the CI\y. and
Section 1..Tltle 2 (Elections) of I Clerk shall be accompanied by to publisli a sYI10IlSIs of the propo-
the Seal Beach Municipal Code' Instructions for return of the bar- sitlon set forth lri Section 1 here-
is amended by adding Section' lot, irY::luding the location of the CIty" of one time In a newspaper of
2,05.020. to rE1ad as fpllows: I Clerk's Office.for In-person drop- i general circulation In the City. No
-. , offs of ballols and the date and . othe~ notice of the election here-
fi 2.05.020Mail Ballot Primary, time by which such ballols must I by celled need be given.
Nominating E1l!ctlons, General be received at the City Clerk's .' ..
Municipal. Elections and Special Office or to any designated drop- Section 3. This Ordinance, being
Elections. ' , , off site to be coUnted for the elec- an ordinance calling, or other-
'tlan. . wise relating to an election, shall
A. Pursuant to Section 507 of H. Each ballot mailed by the City take effect Immediately from and
the Seal Beach Official Charter, Clerk shall be accompanied by an " after Its adoption pursuant to
the CIty Council hereby authorizes, ofticIaI return erNeIope bearing suf. Section 416 of \tie Seal Beach
proIIides for and mandates the oon- - flclent pos:age for return by reQ.- : Charter. '
duct of ail-mailed ballot elections ular first class Unlted States mall. :' , '
for primary nominating elections, I. The failure of any registered ' Sec~lon 4. If any section, sub-
general municipal elections and ' voter to receive an official ballot ' sec,tlon, cl~use, or phrase of this
special elections, Including any shall not invalidate any election i ordinance IS fo~ any reason h~ld
election to authorize the Issuance i conducIed pIlISU8nt lDthIs ChaDte!: ; 10 ~.~, or ~therwlS8
of general obligation bonds. Such 'J. Ballots may be returned by : IIlvalrtl such ~e~I~lon sliould ~ot
mall ballot elections shall be_con- regular, certified or registered! affect th!'l.vahdlty of the remaln-
ducted In accordance with the United States mall, overnight ! Ing sections of this ordinance.
applicable provisions of ChBP.ter commercial carrier or in person. The Council hereby declares that
2 of Division 4 (commencing WIth Ballots returned in Person may be "It would have passed this ordi-
Section 4100) of the California retumedtotheCltyClerk'sOfflce nance and each section, sub-
Elections Code, except as oth- or to any designated drop-off site. ' ~n, clal;JSe, and phrase there-
erwlse provided in thls,Section The City Clerk may include a "of Irrespective ofthe fact that any
2.05.020. notice to voters to the effect that one .or more other sections, ,sub-
B. Election Code Sections 3001 they are permitted to return the sections, !llauses, or phrases be
through 3008, 3013, 3015 through voted ballot by certified ar regls- declared Invalid.
3017, and 3020 through 3022 tered United States mall Qr
shall. not be applicable to City ovemightcommerclalcarrier.Any PASSED, APPRC?VED A~D
el!lction~ conducted pursuant to voter electing to 'use such means : ADO~D by the City Council of
thiS Section 2.05.020. Chapter 1 of delivery shall pay any addl- the City of Seal Beach at a meet-
of Division 4 o~ the . Electi~ns , I lional postage required as a result. Ing,thereof held on the 24th day
Code (commencing With Section K Any ballot received by the of:October.. 2005.
4000) and Election Code Sections city, Clerk by mall at the City: Charles Antos, Mayor
4104 through 41 ~8 shall not be I' Clerk's Office or to. any deslg- AT'"EST:. .
applicable to the CIty elections C?"'" nated DroJH)ff site after 8:00 p.m. ' Linda Devine, City Clerk
ducted pursuant to this Section on eleCtion day shaD not be accept-
2.05.02~. . ' ed or counted; however, if at 8:00 STATE OF CALIFORNIA)
C. Electlons.CodeSection41~ 'p.m. on election day there are; COUNTY OF ORANGE ) SS
shall apply With ~he added 'p1"OVI- any voters Inside City Hall who I CITY OF SEAL BEACH )
slon that, at the time of celhnll an have not bl;len able 10 deposl! .,
ail-maIled ballot election, the City their official ballot envelope with I, Linda Devine, City Clerk of the
Council m~ change the deadline the election officials there, the City of Seal !3each, Califor~la,
for the receipt of ,~~ by the CIty election officials shall, continue do I')erebY ce,rtify thl!t the fcregotng
Clerk for that .l!!ectlon. In the to eccept envelOpes from such vol- Ordinance was passe~, approved
event the Councll:makes such a ers until all have had the oppor- and adopted by the City Council
change, the cHaoge, shall ~Iso tunlty to deliver their ballols. of the City of Seal Beach at a
apply to the "8:00 p.m." deadline L. Any registered vOler .who will meeting thereof held on the 24th
specified In paragraphs'F, K and' be abs!lnt from. the CitY I?rlor to day o~ Oct~ber , 2005, by the
N below. " , the mailed-ballot election to and, follOWing vote. .
D. Any:voter may,personally Includingthedateoftheelectfon AYES: Antos, Larson, LeVitt,
return his ar h1lr ballot to the City may file a written application with Ybaben, Yost.
Clerk's office" to any designated the CIty Clerk to niceNe an "absen- NOES: None
drop-off site, or the yote~ may tee" mailed ballot at an address ABSENT: None
desIgnate and authonze, In the other than the voter's residence.
voter's own handwriting at the The appllcation'shall be flied fol- ABSTAIN: None
appropriate place on the oulslde lowing ,the adoption 01 the ordi:' and: d,o hereby certify that
of the ballot enve!Qpe, any adult nance or resolution calling the, Ordlna(1ce Number 15~9 has
person other lhan any can~ldate mailed ballot election and on or' been published as requIred by
for any office In such election, to before the 7th day prior to the law." .
deliver the voter's ballot to the election. The application shall! Lind!! Devine, City Clerk
City Clerk's office or to any des- show the voter's place of resi- ' Published In the Seal Beach Sun
tanated drop-off site. The CIty Clerk dence and the address to which 111312005.
Shall provide the appropriate form the ballot should be mailed, and' .
on the ballot l!nvelope for the state thatthe voter will be unable
voter's handwritten and signed 10 receive and relurn the mailed
designation and aulhorlzatlon. ballot by the election date, and shall
The person who delivers a~y be signed by the applicant under
other voter's ballot to the, CIty penalty of pe~ury. No voter who
Clerk's office or to any deslgnat- requesls an absentee mailed bal-
ed drop-off site shall, at the time lot shall be required to return or
01 such delivery, p.resent sL!ffI- surrender a duplicate mailed bal-
Clent photagraphlc Identification I~t ~nt to t~e vot!lr's residence.
8B-011