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1 ORDINANCE NO.
2 ~ ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDINANCE
NO. 204.8 ENTITLED IN PART"AN ORDINANCE PROVIDING FOR THE
3 CONDUCTING OF THE PRIMARY AND GENERAL ELECTION AND
ESTABLISHING THE PROCEDURE FOR CONDUCTING RECALL ELECTIONS.
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
6 SECTION 1. Ordinance No. 204.8 Section Ten is hereby
7 amended to read as follows.:
8 "Section Ten: Recall Elections. A recall election to
9 remove an elected officer pursuant to Charter Section 122 shall
10 be ordered, held and conducted and the. result thereof made
11 known and declared in the same manner herein provided for
12 municipal primary and general elections except as follows:
13 (a) Such elections shall be held not less than thirty (30)
14 days nor more than forty (40) days from the date of the.
15 certificate of the City Clerk to the. Council that a sufficient
16 recall petition has been filed.
17 (b) Time for obtaining signatures. Nomination papers shall
lg be issued and verification deputies appointed to obtain
19 signatures to the nomination papers of any candidate at any
2p time not earlier than the 35th day nor later than five o'clock
21 P. M. on the 29th day before said recall election.
22 (c) Date filed with City Clerk. All nomination papers
23 shall be .filed with the City Clerk not later than five o'clock
24 P. M. on the 29th day before said recall election.
25 (d) Incumbent's name on ballot. Any person sought to be
26 removed may be a candidate to succeed himself, and, unless he
27 requests otherwise, in writing, the Clerk shall place his name
28 on the official ballot without nomination.
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1 j (e) Not earlier than the 35th day, nor later than the.
2 10th day before a recall election, the City Clerk shall publish i
3 a notice of the election at least once in one or more newspapers
4 ICI published and circulated in the. City of San Bernardino. The.
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5 notice shall be headed "Notice of Election", and shall contain
6 a statement of:
~ 7 (L) The time of the. .election;
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' 8 (2) The offices to be filled, specifying full term
9 or short term, as the case may be;
10 (3) The. hours the polls will be open.
it (f) Absentee ballots. Not earlier than the .26th. day, nor
12 later than the 7th day before a recall election, any voter
13 i entitled to vote by absent voter hallot, as provided in
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14 I Elections Code Section 14620,. may file with the City Clerk,
15 i either in person or by mail, his written application for an
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16 absent voter's ballot. The application shall be signed by the
17 applicant, shall show his place of residence, and shall make
lg clear to the City Clerk the applicant's right to a ballot.
19 Applications received by the City Clerk hereunder on or
20 after the 40th day but prior to the 26th day before election
21 shall not be returned to the. sender, but shall be held by the
22 City Clerk and processed by him following the. .26th day prior to
2g election in the. same manner as if received at that time.
24 (g) In a recall election the .candidate receiving the
2q highest number. of votes shall be declared elected. If the
26 incumbent receives. the highest number of votes. he shall continue
27 in office. If a candidate other than the incumbent receives
28 the highest number of votes, the incumbent shall thereupon be
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1 'i deemed removed from office. upon qualification of the successor.
2 (h) If the. candidate. receiving the highest number of vote's
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3 should fail to qualify within 10 days after receiving
4 notification of election, the. office shall be deemed vacant.
$ (i) The successor of any officer so removed shall hold
6 office during the. unexpired term of his predecessor."
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7 i SECTION 2. This ordinance is an urgency measure and shall
I g I~ take effect upon its adoption and approval. The facts
q constituting such urgency are as follows:
10 ( A recall petition seeking the removal of a member of the.
it Common Council was filed in the Office of the City Clerk on the
12 3rd day of April, 1973, and certified to be sufficient by the
13 ~ City Clerk on the 4th. day of April, 1973. The Mayor and Common
14 Council will call for a special recall election to be held on
15 it Tuesday, the 22nd day of May, 1973, which is within the time
16 Period required by Section 122 of the Charter of the City of
17 San Bernardino for holding such elections.
lg Ordinance No. 2048 adopts the provisions of the California
19 Elections Code with respect to nomination of candidates,
20 including the time period for filing nomination papers. Said
21 provisions do not conform to the time limitation for recall
22 elections required by Section 122 of the Charter. A similar
~ 23 situation exists. with respect to the. issuing of absent voter
24 ballots. Therefore, it is necessary that this amendment to
25 Ordinance No. 204.8 take effect immediately so that said recall
26 election is conducted in compliance with. the requirements of
27 the Charter.
28 I HEREBY CERTIFY that the foregoing ordinance was duly
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1 adopted by the. Mayor and Common Council of the. City of San
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2 Bernardino at a ` ~ meeting thereof,
3 held on they day of`_~~~ 1973. by the. following
4 vote, to wit: I
5 AYES: Councilmen( y,2 4J ~ ~ ~ ~ d
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7 NAYS: / v
g ABSENT: / ~~ti~-. .$"-nl -iii-~-YC-t-n~.
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10 ~~F~ity C el rk~`
11 The foregoing ordinance is hereby approved this` day
12 of ~ i 1973.
14 ay r o t o i y~of San Bernardino
15 Approved. as to~f~or~m:
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17 City A orney
(P)
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26 to ~ ~ ~.~::c. %
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28 tUCiLLE,G(ikORTrI, Ci±; C'
y
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