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HomeMy WebLinkAbout6810 RESOLUTION NO. 6810 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ESTABLISHING PROCEDURES FOR CONDUCTING CITY ELECTIONS BY ALL MAIL BALLOT WHEREAS, the City Council desires that the April 10, 2012 General Municipal Election be conducted as an all-mail ballot election; and WHEREAS, the City Council desires to establish procedures for conducting said April 10, 2012 General Municipal Election, and any other election designated from time to time by the City Council as an all-mail ballot election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Scope of Mail Ballot Election. At the time of calling any municipal election, the City Council may, by ordinance or resolution, as appropriate, determine and order that said election shall be conducted wholly by mail ballot. Nothing contained in this Resolution shall prevent the City Council from providing by ordinance or resolution that the mail ballot election shall be conducted differently than required or provided herein. Except insofar as otherwise provided herein, all mail ballot elections shall be conducted and canvassed pursuant to the provisions of the Election Code. SECTION 2. Dates for General Municipal Election. The date for any mail ballot general municipal election or any other date shall be set by resolution of the City Council. 1 SECTION 3. Provision of Ballot Materials. The Elections Official shall provide to each registered voter appropriate supplies necessary for the use and return of the ballot by mail. A. Each ballot mailed by the Elections Official shall be accompanied by a ballot pamphlet and instructions for return of the ballot, including the location of all official ballot drop-off centers for the election, and the date and time by which such ballot must be received at an official ballot drop-off center to be counted for the election. B. Each ballot mailed by the Elections Official shall be accompanied by an official return envelope. C. The return envelope shall bear the following information, to be printed thereon by the Elections Official or provided by the voter, as appropriate: 1. A notice that the envelope contains an official ballot and is to be opened only by the canvassing board. 2. A warning plainly printed that voting more than once constitutes a crime. 3. A declaration of the voter, under penalty of perjury, that he or she resides within the precinct in which he or she is voting and is the person whose name appears on the envelope. 4. The residence address of the voter as shown on the affidavit of registration. 5. The signature of the voter. 6. The date of signing. 7. If the ballot will be returned in person by someone other than the voter, the voter's handwritten designation of that person by name, and a declaration signed by the voter, under penalty of perjury, that said adult person has been authorized by the voter to return the ballot. Such person shall not be a candidate for any office or a proponent for or against a measure in said election. 2 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. E. The failure of any registered voter to receive an official ballot shall not invalidate any election conducted pursuant to this section. SECTION 4. Return of Ballots A. Ballots may be returned by regular, certified or registered United States mail, overnight commercial carrier or in person. Ballots returned in person may be returned to any officially designated ballot drop-off centers. B. All ballots shall be delivered, by mail to the Elections Official or in person by the voter or other authorized person to the official ballot drop-off centers, no later than 8:00 p.m. on the date of the election. Any ballot received by the Elections Official by mail or at an official ballot drop-off center after 8:00 p.m. on the date of the election shall not be accepted or counted; however, if at the time of the announcement there are any voters inside an official ballot drop-off center 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 an adult person designated and authorized, in said voter's own handwriting, in the appropriate place provided by the Elections Official on the outside of the return envelope. Such person shall not be a candidate for any office or a proponent for or against a measure in said election. 3 Any person who shall deliver any other voter's ballot to an official ballot drop-off center shall, at the time of such delivery, personally sign, in the presence of the Elections Official or a Deputy Elections Official, a declaration under penalty of perjury relating to such designation, authorization and delivery on a form to be furnished by the Elections Official. D. The Elections Official shall establish appropriate procedures for verifying the signature and residence address of each voter casting a mailed ballot. Upon receipt at the Elections Official office, The Elections Official or a Deputy Elections official shall compare the signature on each envelope with that appearing on the affidavit of registration of such voter and, if determined to be the same, deposit the ballot, still in the official return envelope, in a ballot container in the Elections Official's office. If the ballot is rejected on the basis of such comparison, the envelope shall not be opened and the ballot shall not be counted, and the cause of rejection shall be noted on the face of the envelope. A variance between the signatures caused by the substitution of initials for the first or middle name, or both, shall not invalidate the ballot. No ballot shall be removed from its envelope until the time for processing. No ballot shall be rejected on the basis of this subsection after the envelope has been opened. SECTION 5. Official Ballot Drop-Off Centers. The Elections Official shall establish the appropriate procedures and furnish the necessary staffing to ensure the secrecy and adequate security of ballots returned to the official designated ballot drop- off center. 4 SECTION 6. Absent Voter A. No application need be made by any voter for an absentee ballot for any election conducted entirely by mail and, except as otherwise provided in this Resolution, the provisions of Division 3 (Section 3000 et seq.) of the Elections Code of the State of California shall not apply to this general municipal election; 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 conforming in all particulars to the requirements of this Resolution 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, up to and including the date of the election, may file a written application with the City Clerk to receive his/her 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 all mail 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. SECTION 7. Provisional Ballots. Any registered voter who has not already cast his or her vote may obtain a ballot at the City Clerk's office. Drop-off centers shall 5 provide the necessary materials to enable voters to cast their votes in person in accordance with the provisional ballot provisions of the Elections Code. SECTION 8. Processing of Ballots. Notwithstanding any provision in the California Elections Code, the Elections Official may commence processing the ballots - opening the envelopes and removing the ballots - no earlier than the seventh working day prior to the election. However, the Elections Official shall not release any results until 8:00 p.m. on the day of the election. SECTION 9. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 6th day of December, 2011. yor o the Ci y of Arcadia ATTEST: he ity Clerk APPROVED AS TO FORM: ce;riale„., Stephen P. Deitsch City Attorney 6 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6810 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 6th day of December, 2011 and that said Resolution was adopted by the following vote, to wit: AYES: Council Members Amundson, Chandler, Harbicht, Segal and Kovacic NOES: None ABSENT: None City Clerk of the City of Arcadia 7