Big Bear Lake Municipal Code Ch. 1.12 General Elections

The general election of the city, which, pursuant to California Government Code Section 36503, is regularly scheduled for the second Tuesday in April in each even-numbered year is hereby, pursuant to Section 36503.5, rescheduled to coincide with, and be held on the same date as, the statewide general election scheduled to be held during the month of November in each even-numbered year.

(Ord. 82-62 § 1, 1982)

The ordinance codified in this chapter shall become operative upon approval of the board of supervisors of the county.

(Ord. 82-62 § 2, 1982)

The city clerk shall request the county clerk to conduct the municipal election pursuant to Section 22003 of the elections code, and specify the services to be rendered.

(Ord. 82-62 § 3, 1982)

Upon enactment of this chapter, each general municipal election following such adoption shall be conducted on the date set for the statewide general election scheduled for the same calendar year unless the ordinance codified herein is repealed by the city council.

(Ord. 82-62 § 6, 1982)

A. By-District Elections. Pursuant to California Government Code Section 34886, members of the city council of the city of Big Bear Lake shall be elected by-district in five single-member districts.

1. Members of the city council shall be elected in the electoral districts established by subdivision B. of this section and subsequently reapportioned as provided by state law. Elections shall take place "by district" as that term is defined in California Government Code Section 34871, meaning one councilmember shall be elected from each district, by the voters of that district alone.

2. Residency in Districts. In the case of members running for election, a member of the city council must be a resident of and registered voter in the council district from which the member is nominated for at least thirty (30) days prior to the time the member is nominated. In the case of members seeking appointment to the council to fill a vacancy, a member of the city council must be a resident of and registered voter in the council district from which the member is appointed for at least thirty (30) days prior to the member's filing of an application seeking appointment. Each member of the city council must also remain a resident of and registered voter in the council district from which the member was elected or appointed throughout that member's term of office. All members of the city council must abide by the proof of residency requirements set forth in Sections 1.12.060 through 1.12.100 of this Code.

3. In the event any member of the city council ceases to be a resident of the district from which the member was nominated and elected or, in the case of an appointee, the member ceases to be a resident of the district the member was appointed to represent, that member shall have thirty (30) days to establish substitute residence within the required district in accordance with this chapter. If the member fails to establish such substitute residency, that councilmember's office shall then be vacant and shall be filled in the manner provided by Section 36512 of the California Government Code, as it may be amended from time to time.

4. Notwithstanding any other provision of this section, the councilmembers in office at the time this section takes effect shall continue in office until the expiration of the term to which he or she was elected. In the event a vacancy occurs before the expiration of the term of a councilmember in office at the time this section takes effect, a person who is appointed or elected by special election to fill such vacancy may reside anywhere within the corporate boundaries of the city. A person appointed or elected to fill such a vacancy shall hold the office in accordance with the City Charter and applicable provisions of the City of Big Bear Lake Municipal Code.

B. City Council Districts and District Elections. All five councilmembers shall be elected on a "by-district" basis from the council districts shown and numbered on the map titled City of Big Bear Lake District Map attached as Exhibit A, a copy of which shall be on file in the city clerk's office. In 2018, and every four years thereafter, the following three city council districts shall be elected by-district: district 2; district 3; and district 4. In 2020, and every four years thereafter, the following two city council districts shall be elected by-district: district 1 and district 5.

C. Amendment of District Boundaries. Pursuant to Elections Code Section 21601, as it may be amended from time to time, the city council shall adjust the boundaries of any or all of the districts following each decennial federal census to ensure that the districts are in compliance with all applicable provisions of law.

(Ord. No. 2018-459, § 2, 1-22-2018; Ord. No. 2022-502, § 2(Exh. A), 4-4-2022; Ord. No. 2022-507, § 2, 10-17-2022; Ord. No. 2025-521, § 2, 6-11-2025)

A. Proof of Residency. In order to ensure a city council candidate for election or an applicant for city council appointment resides in the district for which city council seat they are running or seeking appointment, the candidate/applicant must provide to the city clerk an affidavit as set forth in subsection B to verify their thirty-day residency requirement.

B. Affidavit. The candidate/applicant must sign an affidavit, under penalty of perjury, verifying primary residency in the city and of the district for which they are running/seeking appointment. The affidavit shall also require the candidate/applicant to verify, under penalty of perjury, that the candidate/applicant has not been convicted of a crime under California Elections Code Section 20 or any other state law that prohibits the candidate/applicant from holding elective office. The affidavit must be submitted to the city clerk before the close of the election filing period or the appointment application period, whichever is applicable.

C. Failure to Execute Affidavit. Failure to execute the affidavit required by subsection B shall disqualify a candidate/applicant from meeting the city council residency requirements set forth in Section 1.12.050 of this Code. Willfully submitting a false, forged, or altered affidavit shall also disqualify candidates/applicants and constitute a misdemeanor violation in addition to any other legal remedy available to enforce a similar fraudulent act.

(Ord. No. 2022-507, § 3, 10-17-2022; Ord. No. 2025-521, § 3, 6-11-2025)

Candidates running for election to city council office are required to file the affidavit required by Section 1.12.060 of this Code with the city clerk no earlier than the first day of the candidate filing period and no later than the closing date of the candidate filing period. Applicants seeking appointment to city council office are required to file the affidavit required by Section 1.12.060 of this Code with the city clerk no earlier than the first day of the appointment application filing period and no later than the closing date of the appointment application filing period. The city clerk shall review and verify that the required information is provided in the affidavit. The city clerk shall also contact the San Bernardino County Registrar of Voters to verify that the candidate/applicant has been validly registered to vote at their declared primary residence for the required residency period. The city clerk shall then do one of the following:

A. If an affidavit is validly executed by the candidate/applicant and the registrar of voters has verified that the candidate/applicant is registered to vote at their declared primary residence, the city clerk shall certify that residency requirements have been met and shall mail a letter to the candidate/applicant so stating; or

B. If an affidavit is not validly executed by the candidate/applicant or the registrar of voters is unable to verify the candidate/applicant is registered to vote at their declared primary residence for the required residency period, the city clerk shall send a letter to the candidate/applicant advising them that they have failed to meet the requirements and specify the reason for such failure."

(Ord. No. 2022-507, § 4, 10-17-2022; Ord. No. 2025-521, § 4, 6-11-2025)

A. Proof of Residency Affidavit. To ensure that city councilmembers meet the residency requirements set forth in Section 1.12.050 of this Code throughout their entire term in office, each councilmember's residency must be verified annually for each year in office. For this purpose, each councilmember then remaining in office shall submit to the city clerk during the last thirty-one (31) calendar days of each year (December 1 through December 31) an affidavit, signed by the councilmember under penalty of perjury, verifying their current residency at a specific address within the city and within their district. The city clerk shall also verify with the San Bernardino County Registrar of Voters that the city council member remains validly registered to vote at their declared primary residence in the affidavit.

B. Relocation. In the event that a councilmember moves to a new residence in the same district after the filing of the previous affidavit, the councilmember must confirm such new residence by providing to the city clerk within thirty (30) days of moving a new affidavit as set forth in subsection A above and the city clerk shall also verify with the San Bernardino County Registrar of Voters that the city councilmember is validly registered to vote at their new declared primary residence in the affidavit.

C. Relocation Resulting in Vacancy. If a councilmember moves to a new district from the one to which they were elected, that councilmember is no longer qualified to hold office and their seat on the city council is vacant upon the determination by the city council that the councilmember is not in compliance with the residency requirement.

D. Failure to Provide Documents. Failure to provide any of the above-required documents or the registrar of voters' inability to verify the city council member's voter registration at their declared primary residence shall disqualify a council member from meeting the city council residency requirements set forth in Section 1.12.050 of this Code. Willfully submitting false, forged, or altered documents shall also disqualify an officer and constitute a misdemeanor violation in addition to any other legal remedy available to enforce a similar fraudulent act.

(Ord. No. 2022-507, § 5, 10-17-2022; Ord. No. 2025-521, § 5, 6-11-2025)

Any complaints about fraudulent residency shall be submitted to the city attorney. The city attorney shall refer all complaints to the San Bernardino County District Attorney or take any other action otherwise permitted by law. The San Bernardino County District Attorney shall have the discretion to investigate residency complaints and if sufficient evidence of fraud is found during the investigation, the district attorney may elect to prosecute.

(Ord. No. 2022-507, § 6, 10-17-2022)

The city clerk shall maintain at the city's website a record of candidates and councilmember names, corresponding council districts and all required supporting documents, consistent with applicable confidentiality laws, of all candidates and councilmembers who have been certified to meet the residency requirements, and shall make said record and documents available for inspection at the city clerk's office during normal business hours. Any confidential information shall be redacted before the public record is made available for inspection, in accordance with the California Public Records Act or as otherwise required by law. The city clerk shall update the city's website to reflect councilmember verifications submitted in accordance with Section 1.12.080.

(Ord. No. 2022-507, § 7, 10-17-2022)