SR-8-C (70)
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FED - 2 1999
CC-f\ctyclerk\electlOns\staffrpt 2day ord
City Council Meeting February 2. 1999
TO
Mayor and City Council
FROM
City Staff
SUBJECT
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.
Introduction
At Its meeting of December 22, 1999, the City Council called for a special municipal
election to be held over a two-day penod on April 24 and 25, 1999, for the purpose of
filling an unscheduled vacancy on the City Council left by the resignation of a
Councllmember, and to place a measure on the ballot
Election Procedures
Section 1403 of the City Charter directs that unless otherwise provided by ordinance.
all elections shall be held In accordance With the regulations of the State Elections
Code The Elections Code does not provide for the holding of a two-day election
Attached to thiS staff report IS an ordinance setting the procedures to conduct the two-
day election fairly, Impartially and effiCiently
Budget/FinancIal Impact
Adoption of thiS ordinance will not cause any budget or financial Impact Funds for thiS
election were approved on December 22, 1998
Recommendation
Staff recommends that Council hold Introduce and adopt the ordinance as presented
Prepared by'
Mana M Stewart, CIty Clerk
Joe Lawrence, ASSistant City Attorney
Attachment
Ordinance
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FES - 2 1999
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F .atty/munl/laws/J"elect993 ord
City Council Meeting 2-2-99
Santa Momca, California
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, April 24. and Sunday, Apnl 25, 1999. In order to fIll a vacancy on the
City Council that has arisen because of the resIgnatIon of one of ItS members, and In order
to place a measure on the ballot. and
WHEREAS, pursuant to Santa Montca City Charter Section 1403, the City Council
may establl sh 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 period and so that voter partiCipation can be enhanced,
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS
SECTION 1 GOVERNING LAW AND CONFLICT
Pursuant to Section 1403 of the City Charter of the City of Santa MOnica, the State
Elections Code shall govern the conduct of the Special MUnicipal Election to be held on
April 24 and 25, 1999, except as IS otherwise provided for In the City Charter and this
Ordrnance For purposes of conductrng 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 thrs Ordinance and for the purpose of Interpreting the Elections Code
consistent WIth thiS Ordinance, the term '-electron" means the two-day Special Municipal
Electron called by the City Council of the City of Santa Monica, which IS to be held Within
the City of Santa Monica beglnnrng With the opening of polls on Saturday, April 24, 1999,
and ending With the close of polls on Sunday, Apn125, 1999, as provided for In Section 5
of thiS Ordinance The close of the polls on Saturday, April 24, 1999 shall not be
considered the close of the Special Municipal Election
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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, IndlcatlngwhJch one shall be used on Saturday,
Apnl 24, 1999, and which one shall be used on Sunday, April 25, 1999
(b) The elections offiCIal shall prepare a digest to supplement SectIon 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 poll Ing 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, Aprll 24, 1999. the polls shall be open at 8 00 am, and shall
be kept open until? 00 pm I when balloting for thiS day shall close, except as provided for
by ElectIons Code Section 14401 and Section? below On Sunday, April 25, 1999, the
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polls shall be open at 1000 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) Air 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, April 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 closmg 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
(1) After the clase of the polls on Saturday, Aprrl 24, 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
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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 vaters and the
pnnted Indexes, shall be placed In the ballot supply container, and the contamer 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, Apnl24 , 1999
(1) Immediately following the close of the polls on Saturday, Apnl 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
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safeguarded until opened for processing and counted after the close of the polls on April
25, 1999 No ballot cast on April 24, 1999. shall be counted, and no container or box
sealed on April 24, 1999, after the close of votrng on that day shall be opened, until the
final close of the polls at 7 00 P m on Sunday, April 25, 1999
SECTION 7 ELECTION DAY PROCEDURES FOR SUNDAY, APRIL 25,1999
(a) ExhIbit of Empty Ballot Container Before receiving any ballots on April 25,
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 contarner 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, Apn125, 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 appearing, the
polls shall be kept open a suffiCient time to enable them to vote
(c) ReconCIliation of Ballots
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(1) On Sunday, April 25. 1999, the members of the precinct board shall
account for the ballots delivered to them by returning a sufflcJent 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
Sectlon 14421
(2) ImmedJatelyfollowmg 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 matenals 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 Write-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
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(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 untrllmmedlately after the close of the
polls on April 25. 1999
SECTION 9 Any provIsion of the Santa Monica Municipal Code or appendices
thereto Inconsistent with the provIsions of thiS ordmance, to the extent of such
InconsistencIes and no further, IS hereby repealed or modified to that extent necessary to
effect the proVIsions of thiS Ordmance
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
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declared Jnvalld or unconstitutional wIthout regard to whether any portion of the 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 publrshed once In the official
newspaper wlthrn 15 days after Its adoption This Ordinance shall become effectlve upon
adoptIon pursuant to Santa MOnica City Charter Section 619(a)
APPROVED AS TO FORM
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MARSHA JONES MOUTRIE
CIty Attorney
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I'---r t/"f',L \J/L'~
K~ Ge';"~. M\vor ~ro Tempore
State of Cahforma )
County of Los .'\ngeles ) ss
CIty of Santa Moruca )
L Mana M Stewart. CIty Clerk of the CIty of Santa Maruca do hereby certIfy that the foregomg
Ordmance No 1934 (CCS) had ItS first readmg and was adopted on February:2. 1999 by the
follO\vmg vote
Ayes
CouncIl members
Femstem. Genser. Holbrook. McKeown. Rosenstein
Noes
CouncIl members
None
Abstam
CouncIl members
None
Absent
CouncIl members
O'Connor
ATTEST
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