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O1934 F.atty/munl/laws/Jl/elect993ord City Council Meeting 2-2-99 Santa Monica, Callforma ORDINANCE NUMBER 1934 (City Council Senes) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING ELECTION PROCEDURES FOR THE CONDUCT OF THE SPECIAL TWO-DAY MUNICIPAL ELECTION TO BE HELD ON APRIL 24 AND 25,1999 WHEREAS. In accordance to Santa Monica CIty Charter Section 603, the City Council of the City of Santa Monica has called a two-day SpecIal Municipal Election to be held on Saturday, Apnl 24, and Sunday, Apnl 25. 1999, In order to fIll a vacancy on the City Council that has ansen because of the resignation of one of Its members, and In order to place a measure on the ballot, and WHEREAS, pursuant to Santa Monica City Charter SectIon 1403, the C1ty Council may estabhsh election procedures that vary from and augment the State's Elections Code, and WHEREAS, the City Council wishes to establIsh election day procedures so that the SpeCial Municipal ElectIon can be conducted fairly and ImpartIally without confusion or delay over the two-day penod and so that voter partiCipatIon can be enhanced, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS SECTION 1 GOVERNING LAW AND CONFLICT Pursuant to Sectlon 1403 of the City Charter of the City of Santa Monica, the State Elections Code shall govern the conduct of the Special Mumclpal Election to be held on April 24 and 25, 1999, except as IS otherwise proVided for In the City Charter and thiS Ordinance For purposes of conducting the election, thIS Ordinance, the City Charter and the Elections Code shall be Interpreted liberally to further the purposes of holding the election over thiS two day period In a fair, Impartial and lawful manner If a conflict eXIsts between the terms of the Elections Code and the terms of any section of thiS Ordinance or the City Charter, thiS Ordinance or the City Charter shall prevail SECTION 2 DEFINITION As used In thiS Ordinance and for the purpose of interpreting the Elections Code consistent with thiS Ordinance, the term "eJection" means the two-day Special Municipal Election called by the City Council of the City of Santa MOnica, which IS to be held within the City of Santa Monica beginning with the opemng of polls on Saturday, April 24, 1999, and ending wIth the close of polls on Sunday, Apnl25, 1999, as provided for In Section 5 of thiS Ordinance The close of the polls on Saturday, Apnl 24, 1999 shall not be consIdered the close of the Special Municipal Election 2 SECTION 3 PRECINCT SUPPLIES AND SUPPLEMENTAL DIGEST (a) In additIon to the supplies furnished pursuant to Elections Code Section 14105, for each day of the election the elections official shall furnish to the precinct officers empty voted ballot containers, properly marked on their outsides, IndIcating their content and the date or dates on which each container should be used The elections offiCial shall cause the containers to be clearly marked, Indicating whIch one shall be used on Saturday, Apnl 24, 1999, and which one shall be used on Sunday, Apnl 25, 1999 (b) The elections offICial shall prepare a digest to supplement Sechon 14101 of the Elections Code The supplemental digest shall set forth the additional statutes, ordinances and procedures that shall govern the conduct of the two-day Special Municipal ElectIon SECTION 4 NO MATERIALS OTHER THAN THOSE PERMITTED BY LAW OR ELECTIONS OFFICIAL Dunng the electIon, members of the precinct board shall not display, dlstnbute, or make available at the polling place any matenals other than those reqUIred pursuant to the ElectIons Code or thiS Ordinance Without the express approval of the elections offiCial SECTION 5 POllS' HOURS, ABSENTEE BALLOTING (a) On Saturday, Apnl 24. 1999, the polls shall be open at 8 00 am, and shall be kept open until? 00 pm, when ballotmg for thIS day shall close, except as prOVided for by Electrons Code Section 14401 and Section 7 below On Sunday, Apnl 25, 1999, the 3 polls shall be open at 10 00 am, and shall be kept open until 7 00 pm, when the polls for the election shall be finally closed, except as provided for by Elections Code Section 14401 and Section 7 below (b) All absentee ballots shall be received by the elections offiCial or by the precinct board no later than the close of the polls on Sunday, Apnl 25, 1999 SECTION 6 ELECTION DAY PROCEDURES FOR SATURDAY, APRIL 24, 1999 (a) Exhibit of Empty Ballot ContaIner Before receiving any ballots on Saturday, Apnl 24, 1999, the precinct board, In the presence of any persons assembled at the polling place and Immediately after the polls are open for that day, shall open and exhIbit and close the empty voted ballot contaIner that IS deSignated for use on that day (b) Proclaim Polls Closed When the polls are closed on Saturday, Apnl 24, 1999 as provided for In SectIon 5 above, the precinct board shall proclaim that fact aloud at the place of election After the proclamatIOn no ballot shall be received However, If at the hour of clOSing there are any other voters In the polling place, or In line at the door, who are qualIfied to vote and have not been able to do so Since appearing, the polls shall be kept open a suffiCient time to enable them to vote (c) ReconCIliation of Ballots (1) After the close of the polls on Saturday, Apnl24, 1999, the members of the precinct board shall account for the ballots delivered to them by having In their possession a suffiCient number of unused ballots to make up, when added to the number 4 of official ballots cast and the number of spoiled and canceled ballots returned, the total number of ballots given to them by the elections officIal (2) The unused ballots along with the roster of registered voters and the printed Indexes, shall be placed In the ballot supply container, and the container shall be sealed With a certificate of packaging and sealing, the accounting of which shall be attested to by all the precinct workers present The sealed supply container shall remain In the custody of the precinct Inspector from the clOSing of the polls on Saturday until the opening of the polls on Sunday, Apnl 25, 1999 (d) Process for Voted Ballots After Close of Polls on Saturday, April 24 I 1999 (1) Immediately follOWing the close of the polls on Saturday, April 24, 1999, the precinct board shall group voted ballot cards, absentee ballots delivered to It, and provIsional ballots, If any, In containers as deSignated and directed by the elections official All of these ballots, along With the containers for the voted ballot cards, shall be placed In one or more boxes deSignated by the elections official for use on that day, which shall then be sealed The precinct Inspector and a clerk deSignated by the Inspector shall deliver the sealed boxes as soon as possible to the elections official, who shall cause the containers to be secured and safeguarded until opened after the close of the election on Apnl 25, 1999, (2) After the close of the polls on Saturday, Apnl 24, 1999, the elections officIal shall receive from the precinct Inspector and clerk the voted ballots, containers, and boxes, delivered to the official In accordance With Section 6(d)(1) above The elections official shall cause the sealed containers and boxes to be stored securely and 5 safeguarded untIl opened for processing and counted after the close of the polls on Apnl 25, 1999 No ballot cast on Apnl 24, 1999, shall be counted, and no container or box sealed on Apnl 24, 1999, after the close of voting on that day shall be opened, until the final close of the polls at 7 00 P m on Sunday, Apnl 25, 1999 SECTION 7 ELECTION DAY PROCEDURES FOR SUNDAY, APRIL 25, 1999 (a) Exhibit of Empty Ballot Container Before receivIng any ballots on Apn125, 1999, Immediately after the polls are open, In the presence of any persons assembled at the polling place, the precinct board shall witness that the supply box containing unused ballots, the roster, and Indexes placed therein at the close of the polls on Saturday, IS sealed and locked With all board members present. the Inspector shall open the supply box by removing the certIficate of packaging and sealing, and shall remove the unused ballots, roster and Indexes The Inspector shall then exhibit that the ballot container deSignated for Sunday's use IS empty and then lock the container, as prOVided for In SectIon 6(a), above (b) Proclaim Polls Closed On Sunday, April 25,1999, when the polls are closed for that day as proVided for In Section 5 above, the precinct board shall proclaim that fact aloud at the place of election After the proclamation no ballot shall be received However, If at the hour of clOSing there are any other voters In the polling place, or In line at the door, who are qualified to vote and have not been able to do so since appeanng, the polls shall be kept open a suffICient time to enable them to vote (c) ReconCIliation of Ballots 6 (1) On Sunday, April 25, 1999, the members of the precinct board shall account for the ballots delivered to them by returning a sufficient number of unused ballots to make up, when added to the number of official ballots cast and the number of spoiled and canceled ballots returned, the total number of ballots given to them by the elections official (2) Following the closing of the polls on Sunday, Apnl 25, 1999, the precinct board shall complete the ballot statement In the roster as reqUired In Elections Code Section 14107 (d) Processing of Voted Ballots after Close of Polls on Sunday, April 25, 1999 (1) On Sunday, April 25, 1999, the precinct board shall process voted ballots after the close of voting on that day In accordance with the terms of Elections Code Section 14421 (2) Immediately follOWing the close of the polls on Sunday, April 25, 1999, the precinct board shall group voted ballot cards, voted separate wnte-In ballots, supplies and materials as directed by the elections offiCial, and shall place them as directed In containers deSignated by the elections offiCial for use on that day The board shall also place absentee ballots delIvered to It, provIsIonal voted ballots, spOiled and VOided ballots and VOided wnte-In ballots, If any, In containers as deSignated and directed by the elections offiCIal All of these ballots, along With the containers for voted ballot cards, shall be placed In one or more boxes deSignated by the elections offiCial for use on that day, which shall then be sealed 7 (3) After the clOSing of the polls on Sunday, Apnl 25, 1999, the precinct Inspector and a clerk deSignated by the Inspector shall deliver the sealed boxes as soon as possible to the elections offiCial along with any other supplies and materials as the elections offiCial may direct, to the place deSignated by the elections offiCial to be the central counting place SECTION 8 DESTRUCTION OF UNUSED BALLOTS BY PRECINCT BOARD. The precinct board shall not destroy or deface unused ballots In accordance with the prOVIsions of Elections Code Section 14406 until Immediately after the close of the polls on Apnl 25, 1999 SECTION 9 Any prOVIsion of the Santa Monica MUniCipal Code or appendices thereto Inconsistent with the prOVIsions of thiS ordinance, to the extent of such inconsistencies and no further, IS hereby repealed or modified to that extent necessary to effect the prOVIsions of thiS Ordinance SECTION 10 If any section, subsection, sentence, clause, or phrase of thiS Ordinance IS for any reason held to be Invalid or unconstitutIonal by a decIsion of any court of competent JUriSdiction, such decIsIon shall not affect the validity of the remaining portions of thIS OrdInance The City Council hereby declares that It would have passed thiS Ordinance and each and every section. subsection, sentence, clause, or phrase not 8 declared Invalid or unconstitutional without regard to whether any portion ofthe Ordinance would be subsequently declared invalid or unconstitutional SECTION 11 The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance The City Clerk shall cause the same to be published once In the offiCial newspaper within 15 days after ItS adoptIon ThIS Ordinance shall become effective upon adoption pursuant to Santa Monica City Charter Section 619(a) APPROVED AS TO FORM f'n,PLL MARSHA JO~ MOUTRI City Attorney 9 q;~~ State of CalIfornm ) County of Los Angeles) 5S CIty of Santa Moruca ) I, Mana M Stewart. CIty Clerk of the CIty of Santa MOllIca. do hereby certIfy that the foregoIng OrdInance No 1934 (CCS) had Its first readIng and was adopted on February 2. 1999 by the follO\vmg vote. Ayes CouncIl members FemsteIn. Genser. Holbrook, McKeown, Rosenstem Noes CouncIl members None Abstam CouncIl members None Absent CouncIl members O' Connor ~TEST '-- ~~~CVJ- Mana M Stewart. CIty Clerk